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HomeMy WebLinkAboutAgenda Packet 09142026     A G E N D A MEETING OF THE CITY COUNCIL Monday, September 14, 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. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Microsoft Teams at the  following  link  https://teams.microsoft.com/meet/296958473476160? p=KXZXp8fqj7Ep3tCZWp. 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 •Hunger Action Month Proclamation – September 2026 •El Nino Preparation Presentation •Citizen-Council Business First Advisory Ad Hoc Committee Update 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. Public Comment from Chad Berlinghieri 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 A.2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions - That  the  City  Council  provide direction  to  the  City’s  voting  delegate  to  support  the  proposed  League  of California Cities General Assembly  Resolution Calling  for  a Working Group to Consider  a  State  Constitutional  Amendment  or  Other  Form  of  Initiative  to Ensure Final Local Authority Over Housing and Land Use Decisions.   CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B.Approval of the City Council Minutes - That  the  City  Council  approve  the minutes  of  the  Closed  Session  and  Regular  City  Council  Meetings  held  on August  10, 2026  and  the  Special  Closed  Session  and  Special  City  Council Meeting held on August 19, 2026.   C.Demand on City Treasury (Fiscal Year 2027) - Ratification.   D.Monthly Investment Report (July 31, 2026) - Receive and file.   E.Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.   F.City of Seal Beach Biennial Conflict-of-Interest Code Update - That  the City  Council  adopt  Resolution  7810  amending  the  City’s  Conflict-of- Interest Code  (Code) and  acknowledge  no  changes  to  the  Conflict-of-Interest  Codes for the Public Financing Authority (Authority).   G.Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan - That  the City  Council  adopt  Resolution  7811: 1. Approving  Amendment  3  to  the Professional  Services  Agreement  with  Michael  Baker  International  Inc., for Safety and Environmental Justice General Plan Elements, extending the term to  December  31, 2027; and, 2. Approving  Amendment  1  to  the  Professional Services  Agreement  with  Michael  Baker  International  Inc., for  Open  Space, Recreation  and  Conservation  Element, extending  the  term  to  December  31, 2027; and, 3. Authorizing  the  City  Manager  to  execute  the  Amendments  on behalf of the City.   H.Approving and Authorizing Purchasing for the Replacement of City Vehicles and Heavy Equipment - That  the  City  Council  adopt  Resolution 7812: 1. Authorizing  the  purchase  of  four  (4) replacement  vehicles  for  the City's  fleet  from  National  Auto  Fleet  Group  pursuant  to  the  cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a  not-to-exceed  amount  of  $234,455.81, in  accordance  with  the  following breakdown:a)    Police  Interceptor  Utility  (PIU) Vehicle  Unit  #4108  for $62,286.31; and, b) PIU  Vehicle  Unit  #4109  for  $62,286.31; and, c) Police Surveillance  Unit  #4122 for  $57,512.89; and, d) Marine Safety  Unit #5130 for $52,370.30; and, 2. Authorizing  the  purchase  of  Public  Works  Heavy Equipment  Unit  #101  for  a  total  cost  of  $103,558.51, from  Stotz  Equipment pursuant  to  the  cooperative  purchase  contract  with  Sourcewell, Master Vehicle  Contract  #112624-DAC, in  accordance  with  the  purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the purchases and necessary related labor on behalf of the City to  Hi-Standard  Automotive, LLC, for  vehicle  upfitting  work  for  the  above- referenced  four  (4) vehicles  pursuant  to  Seal  Beach  Municipal  Code  Section 3.20.025(B) in  the  not-to-exceed  amount  of  $59,362.54, in  accordance  with the  following  breakdown: a) PIU  Vehicle  Unit  #4108  for  $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for  $5,192.06; and, d) Marine  Safety  Unit  #5130  for  $8,002.34; and, e) Contingency  for  $7,500.00; and, 4. Authorizing  and  directing  the  City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus  existing  vehicles  upon the completion of the new vehicle and equipment purchases and upfitting.   I.Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That  the City  Council  adopt  Resolution  7813: 1. Approving  the  plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving  and  awarding  a  Public  Works  Agreement  to  Elka Construction, Inc. in  the  amount  of  $320,000; waiving  all  minor  bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City  Manager to execute  a  Public Works Agreement  for construction  services to  Elka  Construction  Inc.; and  authorizing  the  City  Manager, or  designee, to approve  additional  work  requests  up  to  $64,000  (approximately  20%) in connection  with  the  Project; and, 4. Authorizing  the  City  Manager, or  his designee, the option to extend the Agreement for up to four (4) additional one- year terms after its original term.   J.Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903 - That  the  City  Council  adopt  Resolution  7814: 1. Accepting  the completion  of  the  Sewer  Pump  Station  35  Upgrades, CIP SS1903, by  R.I.C. Construction  Co., Inc. in  the  amount  of  $1,460,553.97; and, 2. Directing  the City  Clerk  to  file  a  “Notice  of  Completion” with  the  Orange  County  Clerk- Recorder within  fifteen  (15) days  from  the  date  of  acceptance  and  to  release retention  thirty-five  (35) days  after  recordation  of  the  Notice  of  Completion contingent upon no claims being filed on the Project.   K.Amending the FY 2026-27 West Orange County Water Board Budget - That  the  City Council  adopt Resolution  7815  amending the  FY 2026-27  West Orange  County  Water  Board  budget  by  $4,600,000, returning  unexpended funds  from  the  Cathodic  Protection  Program  to  member  agencies, of  which the City’s proportionate agency reimbursement is $657,800.   L.Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That  the City  Council  adopt  Resolution  7816: 1. Accepting  the  completion  of  the  Seal Beach  Tennis  and  Pickleball  Center  Court  Resurfacing  and  LED  Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in  the  amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange  County  Clerk-Recorder within fifteen  (15) days  from the  date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.   M. Approve Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association, Mid- Management and Confidential Employees Association, and Marine Safety Management Association for the period of July 1, 2026 through June 30, 2029 - That  the  City  Council: 1. Adopt  Resolution  7817  approving the  Memoranda  of  Understanding  between  the  City  of  Seal  Beach  and  the Seal  Beach  Supervisors  and  Professionals  Association  (SBSPA), the  Mid- Management  and  Confidential  Employees  Association  (MMCEA), and  the Seal Beach Marine Safety Management Association (SBMSMA) for the period of  July  1, 2026  through  June  30, 2029; and, 2. Approve  Budget  Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the City  Manager  to  execute and  implement the Memoranda  of  Understanding  in the form attached hereto.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING N.Authorizing Submittal for Grant Funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disability (EMSD) Program That  the  City  Council: 1. Conduct  a  public  hearing  to  receive  input and consider the submittal of a grant application; and, 2. Determine this action is  exempt  from  the  California  Environmental  Quality  Act; and, 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County  Enhanced  Mobility  for  Seniors  and  Individuals  with  Disabilities (EMSD) Program.   UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS O.Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That  the  City  Council  adopt Resolution  7819: 1. Approving  the  California  State  Water  Resources  Control Board  Agreement  No. D2502060  in  the  amount  of  $3,175,000  for  the  LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the  State  Water  Board; and, 3. Authorizing  the  City  Manager, or  designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf  of  the  City; and  submit  a  Final  Budget  Approval  to  the  Water  Board requesting an increase in the total financing amount to $3,765,411.   ADJOURNMENT Adjourn the City Council to Monday, September 28, 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   City Preparedness and Winter Readiness Operational readiness, public information, and the annual sand berm Following the climate briefing by Dr. Daniel Swain Sgt. Brian Gray and Senior Engineer David Spitz September 14, 2026 City Council Meeting LOCAL READINESS What Seal Beach plans for Rain and drainage Intense rain can produce street flooding, water in low areas, travel disruptions, and greater demand on drainage and pumping operations. Coast and shoreline High tides, elevated surf, wave runup, and erosion can combine to affect beaches, parking lots, roads, and the lowest coastal areas. Power and communications Wind, saturated soil, and infrastructure damage can interrupt power or communications when the City needs them most. Different neighborhoods can face different problems during the same storm Old Town may face coastal and tidal flooding while College Park East faces rainfall and drainage impacts. Staff monitor the full combination of rain, tides, surf, drainage capacity, and field observations. Dr. Swain's briefing sets the seasonal context. NWS forecasts and local observations drive each operational decision. Source: City of Seal Beach preparedness materials and NOAA coastal-flooding guidance OPERATIONAL EXAMPLE Recent high-surf event What occurred •Elevated surf and high tides created temporary flooding in low coastal public areas. •The most significant local effects centered on the boardwalk, Seal Way, beach lots, and access points. •Staff documented impacts, protective actions, and response costs after the event. City response •Police, Marine Safety, Public Works, City Management, and OCFA coordinated throughout the event. •The City accelerated berm work, staged pumps and barricades, adjusted access, and issued public updates. •Crews changed tactics as forecasts and field conditions evolved. What we are refining •Access openings must balance flood protection, ADA access, Marine Safety response, and employee safety. •Pumps work best after active ocean inflow subsides enough for safe and effective dewatering. •Resident reports should go through SBPD Dispatch so the City can log and route them consistently. Staff are incorporating field observations and resident feedback into winter procedures. Source: City operational records and NWS San Diego coastal-hazard information, September 2026 OPERATIONS City preparations before winter Operations already in place •Daily monitoring of NWS forecasts, tides, surf, and local field conditions during elevated-risk periods. •Cross-department coordination among Police, Public Works, Marine Safety, City Management, and OCFA. •Pump training, equipment staging, barricade plans, sandbag supplies, and accelerated berm construction when conditions warrant. •Public alerts and social-media updates tied to forecast changes and observed impacts. Work continuing •Finalize backup staffing and on-call support for prolonged rain or coastal events. •Refine sandbag, sandless-barrier, and community-support logistics. •Maintain a shared calendar for king tides and forecast concerns. •Prepare public messages and internal decision guides before an incident. •Document costs, protective measures, and lessons after significant events. The City adjusts staffing and equipment as each forecast becomes clearer. Source: City of Seal Beach preparedness meeting notes and operational records COMMUNITY READINESS Public information and social media Current outreach •Updated website: the Emergency Preparedness section now brings El Niño guidance, alerts, plans, and resident resources together. •City graphics: new materials explain possible local effects, household preparation, storm safety, and where to find reliable information. •Social media: City and Police channels share forecast updates, closures, sandbag information, and safety reminders. •National Preparedness Month: weekly posts reinforce alerts, emergency kits, family planning, and neighborhood readiness. sealbeachpd.com/emergency-preparedness One consistent message across the website, social media, AlertOC, and Nixle Source: City of Seal Beach Emergency Preparedness webpage and public information graphic PUBLIC PREPAREDNESS Resident resources and emergency alerts Four actions for residents •AlertOC: register household phone numbers and email addresses for County emergency notifications. •Nixle: text 90740 to 888777 for Seal Beach Police and public-safety messages. •Sandbags: free City supplies are available at Arbor Park, Fire Stations 44 and 48, and Marina Park. •Report concerns: call SBPD Dispatch at 562-594-7232 for non-emergency incidents so they can be logged and routed. Prepare and place flood protection before rain begins Source: City of Seal Beach alert and sandbag guidance COMMUNITY READINESS Neighbor 4 Neighbor preparedness discount 25% off emergency preparedness supplies Available to Seal Beach Neighbor 4 Neighbor participants through Ready America •Use the dedicated Neighbor 4 Neighbor Ready America shopping page or scan the flyer QR code. •Select preparedness supplies and add them to the cart. •The 25% discount applies automatically at checkout. No separate code is required. •This household resource complements City alerts, sandbags, and neighborhood planning. readyamerica.com/neighbor-4-neighbor Source: Seal Beach Neighbor 4 Neighbor and Ready America program flyer TRAINING AND PARTNERSHIPS Flood Mitigation Workshop Tuesday, October 6, 2026 9:00 a.m. to 3:00 p.m. Seal Beach Police Department 911 Seal Beach Boulevard Public Works personnel and West Orange County CERT volunteers will train with Team Rubicon using California Department of Water Resources methods. •Classroom instruction followed by hands -on flood mitigation practice. •Proper sandbag filling and placement, temporary levees, plastic sheeting, and structure protection. •Sandbags filled during the training will be offered to residents afterward. Source: City of Seal Beach and Team Rubicon Flood Mitigation Workshop flyer Starlink pilot program: Year 2 YEAR 1 3 Starlink Mini units Mobile beta testing with City vehicles YEAR 2 5 additional systems for City buildings City Hall, Police Department, Lifeguard Headquarters, Fire Stations 44 and 48 Purpose •Provide an alternate internet path if conventional wired or cellular service is disrupted. •Support Wi-Fi calling, emergency software, situational awareness, and continuity of operations. •Complete site surveys and staff training while continuing to evaluate the three mobile units. This pilot supplements existing radio, cellular, and wired systems. It provides another communications option when normal infrastructure is disrupted. Next: Annual Winter Sand Berm Source: City of Seal Beach Starlink pilot memorandum and September 2026 Year 2 update SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Winter Sand Berm Construction and Removal -Annual Sand Berm Construction history -Began in 1940’s after the Federal Government built jetties for Naval Weapons Station -Jetties divert winter wave swells from south to north, eroding south of the pier. -Storms, swells and winter king tides cause beach overtopping and flooding. -2-Year cycle for Berm Construction -Year 1 –Construct and Removal -Year 2 –Construct with Back-pass and Removal -Back-passing is essential due to sand transport and loss from Southeast to Northwest. Sand brought back south bi-annually -Request for Award of Annual Sand Berm Construction and Removal Project on tonight’s agenda. -Low Bidder –Elka Construction, Inc. SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm Plan SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm –Plan View SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm –Profile View SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm -Pictures SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm -Pictures SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm -Pictures SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Annual Winter Sand Berm -Pictures SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor Pump Location: 10TH St Parking Lot Citizen-Council Business First Advisory Ad-Hoc Committee Quarterly Update September 14, 2026 Why Business First Moving from reactive processes toward proactive business support Committee Charge The committee brings together business and community perspectives to evaluate barriers, identify opportunities and recommend practical actions that strengthen business retention and economic vitality in Seal Beach Progress at a Glance •Concierge Program •Main Street Specific Plan •Beautification Business Concierge Program Proactive guidance for businesses navigating City processes •Program framework and internal workflow completed •Business partnerships underway •Website and communications materials in development Next: Core services launched, outreach materials planned for Fall 2026 Main Street Specific Plan Modernizing provisions affecting entertainment and franchise uses •Existing language reviewed •Streamline administrative review for coffeehouses and restaurants •Remove restrictions on stages and live entertainment •Removing prohibition on chain stores •Committee recommended advancing revisions Next: Oct Planning Commission and Dec City Council consideration Main Street Beautification Near-term improvements that strengthen the Main Street experience •Main Street Vision Plan reviewed •Café lighting, streetlights, and power washing prioritized to Public Works •Public Works to develop implementation plan Next: Public Works to investigate Implementation options, costs, and timing What We Heard from Businesses •43 businesses interviewed •Restaurants, retailers, services •Common themes: foot traffic, rising costs, trees, maintenance, homelessness, marketing, more events Future Considerations •Business retention and vacancy reduction •Continued business outreach •Marketing initiative exploration •LA28 business opportunities and collaboration Questions? Thank you Agenda Item A AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council FROM:Patrick Gallegos, City Manager SUBJECT:2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions SUMMARY OF REQUEST: That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions. BACKGROUND AND ANALYSIS: The City of Seal Beach is a member of the League of California Cities (Cal Cities), an association that represents the interests of California’s cities to the state legislature and provides cities with information on federal and state legislative affairs. The Cal Cities 2026 Annual Conference (Conference) will be held in Anaheim beginning September 23, 2026. Sixty days before the Conference, Cal Cities members may submit resolutions on issues of importance to cities that are considered by the Cal Cities policy committees. This year, Cal Cities received one resolution by the July 25 deadline, which was submitted by the City of Murrieta. The resolution calls for formation of a working group to evaluate a state constitutional amendment or another legislative, policy, or ballot strategy intended to ensure greater local authority over housing and land use decisions. Cal Cities referred the proposal to its Housing, Community, and Economic Development Policy Committee for review on September 17, 2026. If advanced through the Cal Cities process, including the Resolutions Committee at the Annual Conference, the resolution may be considered by voting delegates during the General Assembly at the Conference. According to the sponsor, the resolution responds to state laws that preempt or limit municipal discretion over housing, land use, zoning, density, development standards, project siting, and approval processes. The proposal also recognizes continued state authority over broad housing goals, civil rights and fair housing protections, building and life-safety standards, and generally applicable environmental protections. Cities would remain responsible for planning in good Page 2 2 3 6 3 faith for regional housing needs and maintaining housing capacity across income levels. The resolution is an initial step. It does not contain the text of a constitutional amendment, enact a change in state law, or direct cities to disregard current housing requirements. Adoption by the Cal Cities General Assembly would initiate a working-group process. Any later constitutional amendment, legislation, policy proposal, or ballot measure would require separate development, legal review, and future action through the applicable legislative or electoral process. The purpose of this item is to provide direction to the City’s voting delegate before the Conference begins. Councilmember Patty Senecal is the City's primary voting delegate; Mayor Lisa Landau and Mayor Pro Tem Ben Wong are the first and second alternates, respectively. In addition to the foregoing resolution submitted through the regular process, another resolution(s) could also be submitted during the Conference by petition signed by ten percent of member cities. If that were to occur, the voting delegate would use their judgment on how to cast their vote. ENVIRONMENTAL IMPACT: The proposed action is not a project subject to the California Environmental Quality Act because it provides direction regarding a policy resolution and does not authorize a physical activity or commit the City to a future project. LEGAL ANALYSIS: The City Attorney has reviewed this staff report as to form. FINANCIAL IMPACT: There is no direct financial impact associated with providing direction to the City's voting delegate. Any future City participation in a working group, legislative effort, or ballot strategy would be evaluated separately, including any staffing or financial commitment. RECOMMENDATION: That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions. Page 3 2 3 6 3 SUBMITTED, NOTED AND APPROVED BY: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Lauren Barich, Management Analyst ATTACHMENTS: A. City of Murrieta Proposed Cal Cities Resolution 2026 Resolution Packet 1.A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER HOUSING AND LAND USE DECISIONS Source: City of Murrieta Concurrence of five or more cities/city officials Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amendment or other legislative, policy, or ballot- based strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and 6 2026 Resolution Packet BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group. 7 2026 Cal Cities Resolution September 14, 2026 SUMMARY OF REQUEST That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions. BACKGROUND •The City of Seal Beach is a member of the League of California Cities (Cal Cities), an association that represents the interests of California’s cities to the state legislature and provides cities with information on federal and state legislative affairs. •The Cal Cities 2026 Annual Conference (Conference) will be held in Anaheim beginning September 23, 2026. •Members may submit resolutions for consideration at the Conference, and this year one resolution was received for consideration. •Separately, additional resolutions may be submitted during the Conference if ten percent of member cities sign a petition. •Voting Delegates •Primary: Councilmember Patty Senecal •Alternate 1: Mayor Lisa Landau •Alternate 2: Mayor Pro Tem Ben Wong RESOLUTION BACKGROUND What It Does ✓Forms a working group to evaluate a constitutional amendment or other legislative/ballot strategy ✓Responds to state laws preempting local housing, land use, zoning, density, development standards, project siting, and approval processes. ✓Preserves state authority over broad housing goals, civil rights, building safety codes, and environmental protections ✓Cities still plan in good faith for regional housing needs What It Does Not Do ✗Does not contain constitutional amendment text ✗Does note enact any change in state law ✗Does not direct cities to disregard current housing requirements ✗Does not budget funding – no financial impact to the City at this time RECOMMENDATION That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions. THANK YOU! Agenda Item B AGENDA STAFF REPORT DATE:September 14, 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 Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 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. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 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 - Closed Session, August 10, 2026 B. Minutes - Regular Session, August 10, 2026 C. Minutes - Special Closed Session, August 19, 2026 D. Minutes – Special Meeting, August 19, 2026 1 0 7 6 9 Seal Beach, California August 10, 2026 The City Council met in a Special Closed Session at 5:30 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 Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk Michael Peterman, Human Resources Manager ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s): Mid-Management and Confidential Employees Association Seal Beach Supervisors and Professionals Association Marine Safety Management Association B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (D) Of Government Code Section 54956.9; Name of Case: Julia Clasby v. City of Seal Beach Orange County Superior Court, Case No. 30-2025-01516539-CU-OE-NJC. ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:58 p.m. Gloria D. Harper, City Clerk City of Seal Beach 1 0 7 6 9 Approved: Lisa Landau, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California August 10, 2026 The City Council met in Regular Session at 7:03 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 Iris Lee, Director of Public Works Gloria D. Harper, City Clerk Joe Bailey, Marine Safety Chief Kyle Cain, Orange County Fire Authority Division 1 Captain Nick Nicholas, Police Captain Brian Gray, Emergency Services Coordinator Tim Kelsey, Recreation Manager Brandon DeCriscio, Deputy City Clerk Alayna Hoang, Finance Manager Michael Peterman, Human Resources Manager Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer Lauren Barich, Management Analyst Sean Low, Deputy Director of Public Works, Maintenance & Utilities PRESENTATIONS / RECOGNITIONS Assembly Bill 1572 Presentation ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Charlie Kluger and Ken Seiff addressed the City Council. Mayor Landau closed oral communications. Two (2) 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 Mayor Landau noted that Item G was postponed to a future meeting to allow additional time for coordination with the State Water Resources Control Board. 1 0 7 7 0 Mayor Pro Tem Wong moved, second by Mayor Landau, 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 two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. CITY MANAGER REPORT City Manager Gallegos thanked the Seal Beach Chamber of Commerce for hosting staff appreciation night as a part of the Summer Concert Series. Additionally, City Manager Gallegos reported that the Citizen-Council Business First Advisory Ad Hoc Committee met on July 29, 2026, and noted that their next meeting is scheduled for August 26, 2026. He also noted that Chair Wilson will provide an update at a future City Council Meeting. City Manager Gallegos also reported his attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony and the Seal Beach Police Department National Night Out. He congratulated the Seal Beach Police Department on being selected as the recipient of the Above and Beyond Community Policing Organization of the Year Award. Lastly, City Manager Gallegos called upon Deputy Director of Public Works Cho to provide an update on the Lampson Well Rehabilitation project. A discussion ensued between Council Members Kalmick and Senecal, Director of Public Works Lee, Deputy Director of Public Works Cho, and Mayor Landau. COUNCIL COMMENTS Council Member Steele reported his attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony, the Orange County Transportation Authority (OCTA) Long Range Planning Session, the Golden Rain Foundation (GRF) Board Meeting and the GRF Presidents’ Council Meeting. Additionally, Council Member Steele announced that he made an appearance as Mr. Mosquito at the GRF Summer Concert Series to inform and educate Leisure World residents about the dangers of West Nile Virus. He also distributed mosquito repellent wipes to the attendees. 1 0 7 7 0 Finally, Council Member Steele noted that he held meetings with several residents who were concerned about the City’s financial position. He assured them that Seal Beach is in good shape financially and cited a newspaper article that ranked Seal Beach’s financial position in the top 10 of all of Orange County. Council Member Kalmick reported his attendance at the Seal Beach City Rotary Luncheon, the Citizen-Council Business First Advisory Ad Hoc Committee Meeting, the First Street Beach Access Mat Ribbon Cutting Ceremony, the Seal Beach Police Department National Night Out, and a Zoom Seminar with California Natural Resources Agency. Council Member Senecal announced that there is an Assembly Bill being considered in the Legislature that would allow local jurisdictions to establish speed limits on bike paths and impose a 10 miles per hour speed limit on sidewalks for electric bicycles. She noted that the bill is likely to pass and expressed interest in reviewing the City’s bike ordinance at a future Council meeting. Additionally, Council Member Senecal reported her attendance at the College Park East Movie in the Park, and the First Street Beach Access Mat Ribbon Cutting Ceremony. Council Member Senecal noted that she has had several discussions with College Park East residents regarding concerns about freeway noise. She read a portion of Lucy Jackson’s public comment into the record. Mayor Pro Tem Wong reported his attendance at the Seal Beach City Rotary Luncheon, the Southern California Edison Big Creek Workshop High Sierra Mountains tour, the Tri- Cities Business Mixer, the Rossmoor/Los Alamitos Sewer District Board Meeting, the Leisure World First Tuesday event, the Seal Beach Police Department National Night Out, and the College Park East Movie in the Park. Mayor Landau thanked the Seal Beach Police Department for hosting National Night Out. Additionally, Mayor Landau reported her attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony and the Seal Beach City Rotary Luncheon. Finally, Mayor Landau announced that the final concert in the Summer Concert Series is scheduled for Wednesday, August 12, 2026, at 6:00 pm at Eisenhower Park. She thanked the Chamber of Commerce for their work on hosting the Summer Concert Series events. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Council Member Senecal moved, second by Mayor Pro Tem Wong, to approve the 1 0 7 7 0 recommended actions on the consent calendar. A. Approval of the City Council Minutes - That the City Council approve the minutes of the Special Closed Session Meeting and the Special Joint Meeting of the City Council and Planning Commission held on July 20, 2026, and the Closed Session and Regular City Council Meetings held on July 27, 2026. B. Demand on City Treasury (Fiscal Year 2026) - Ratification. C. Consideration of Resolution Ratifying the Declaration of an Emergency and Dispensing with Public Bidding for the Abatement Work at Marina Community Center (CIP BG2506); Ratifying Approval of Public Works Agreement with Castlerock Environmental and Amendment 1 to the Public Works Agreement; Approving and Authorizing the City Manager to Execute Amendment 1 to the Public Works Agreement with Castlerock; and Accepting the Emergency Work as Complete and Filing a Notice of Completion - That the City Council adopt Resolution 7805: 1. Ratifying the Public Works Director’s Declaration of Emergency for the Abatement Work at Marina Community Center (CIP BG2506) as necessary for the immediate preservation of life, health, and property of the City; and based on such Declaration of Emergency, dispensing with formal bidding for the Abatement Work at Marina Community Center (CIP BG2506), in the amount of $34,850; and, 2. Ratifying the Public Works Agreement (Agreement) with Castlerock Environmental, Inc. (Castlerock) dated May 4, 2026, for $8,560, and ratifying Amendment 1 to the Agreement authorizing an increase in compensation by $26,290, for the total compensation of $34,850 for the emergency abatement work in the ceilings and storage areas of the Marina Community Center (CIP BG2506); and, 3. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City; and, 4. Formally accepting the completion of the emergency abatement work performed by Castlerock pursuant to the Agreement and Amendment 1 in the total amount of $34,850; and, 5. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days of the date of approval of the resolution and to release retention within thirty- five (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. D. Homeland Security Grant Program Subaward Agreement for Reimbursement of Operation Costs for Fiscal Year (FY) 2025 Operation Stonegarden for Transfer or Purchase of Equipment and Services - That the City Council adopt Resolution 7806: 1. Approving the Subaward Agreement for Fiscal Year 2025 Operation Stonegarden (OPSG) Homeland Security Grant Program Funds between the City of Seal Beach, County of Riverside and other Participating Agencies for reimbursement of operating costs for transfer or purchase of equipment and services (the Agreement); and, 2. Authorizing the Chief of Police to execute the Agreement on the City’s behalf; and, 3. Accepting the OPSG funds and authorizing the City Manager, or designee, to accept the OPSG funds in the amount of $168,318; and, 4. Authorizing the City Manager, or designee, to take any further actions necessary 1 0 7 7 0 for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program; and, 5. Authorizing and directing the Chief of Police and/or the City Manager to execute any other documents necessary to receive and use the OPSG grant funds. E. Approving a new Professional Services Agreement with PetData, Technologies LLC., for Animal Licensing Services - That the City Council adopt Resolution 7807 approving and authorizing the City Manager, or his designee, to execute a Professional Services Agreement with PetData Technologies, LLC., to provide animal licensing services for the City of Seal Beach. F. Resolution Approving Amendments to the Classification Plan and Position Allocation Plan Related to Certain Mid-Management and Professional Classifications - That the City Council adopt a Resolution 7808 approving the proposed classification and compensation adjustments to the City’s full-time classification plan, including the following reclassifications and salary grade placements that align with the FY 2026-27 Adopted Budget: 1. Establish the classification of Senior Code Enforcement Officer, placed at Grade 20, and authorize the reclassification of the existing Code Enforcement Officer position to Senior Code Enforcement Officer; and, 2. Reclassify the Finance Manager position to Deputy Director of Finance, placed at Grade 51; and, 3. Reclassify the Recreation Manager position to Deputy Director of Community Services, placed at Grade 46; and, 4. Reclassify the Associate Engineer position to Senior Engineer, placed at Grade 42; and, 5. Approve the new part-time Information Technology (IT) Aide classification specification and add the classification to the City’s part-time salary schedule at Grade 4; and, 6. Authorize the City Manager, or designee, to take all necessary administrative actions to implement the approved classification changes, establish the approved salary placements effective pay period 18, and incorporate the related updates to the City’s classification and compensation plan, including pay grade renumbering. The vote below is for the Consent Calendar Items. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the Consent Calendar. 1 0 7 7 0 PUBLIC HEARING There was no public hearing. UNFINISHED/CONTINUED BUSINESS There was no unfinished/continued business. NEW BUSINESS G. Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That the City Council adopt Resolution 7809: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411 if approved by the State Water Board; and, 3. Authorizing the City Manager to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase the total financing amount to $3,765,411. - This item will be postponed to a future meeting to allow additional time for coordination with the State Water Resources Control Board. This item was not considered. ADJOURNMENT Mayor Landau adjourned the City Council at 8:20 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 5 8 2 0 Seal Beach, California August 19, 2026 The City Council met for a Special Meeting of the City Council at 7:02 p.m. in the City Council Chambers. Council Member Kalmick led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Amy Greyson, Senior Assistant City Attorney Patrick Gallegos, City Manager Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. City Clerk Harper announced that no emailed comments were received. Senior Assistant City Attorney Greyson reported that the City Council met in Closed Session regarding the item on the posted agenda. All five (5) Council Members were present, and no reportable action was taken. NEW BUSINESS A. City Council Consideration To (1) Cancel the November 3, 2026, General Municipal Election for Council District 3 and/or Council District 5 and Appoint the Only Qualified Nominee to the Office(s) for a New Four-Year Term; Or (2) Hold the Election for One or Both Council Districts - Staff seeks direction on whether to hold or cancel the general municipal election scheduled for November 3, 2026, for Council District 3 and Council District 5. If the City Council desires to cancel the general municipal election in Council District 3 and/or Council District 5 because only one person was nominated to be elected from each of these districts, then it is recommended that the City Council adopt one or both of the following ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term; and, Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 3, for a new four-year term. If the City Council desires to hold the election in Council District 3 and/or Council District 5, then no further action is 5 8 2 0 necessary as to that election. City Clerk Harper provided an in-depth overview of the staff report. A discussion ensued between Council Members Kalmick, Senecal and Steele, Mayor Landau, City Manager Gallegos and Senior Assistant City Attorney Greyson. Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried Council Member Senecal moved, second by Mayor Pro Tem Wong to adopt Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 3, for a new four-year term. AYES: Senecal, Steele, Wong, Landau NOES: Kalmick ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Landau adjourned the Special Meeting of the City Council at 7:14 p.m. 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 August 19, 2026 The City Council met in a Special Closed Session at 5:04 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Amy Greyson, Senior Assistant City Attorney Patrick Gallegos, City Manager Barbara Arenado, Director of Finance Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s): Mid-Management and Confidential Employees Association Seal Beach Supervisors and Professionals Association Marine Safety Management Association ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:50 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 Agenda Item E AGENDA STAFF REPORT DATE:September 14, 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 $42,982. Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority. Below is a list of contracts executed by the City Manager and Department Heads for the period of April 1, 2026 – June 30, 2026: AGREEMENT DATE DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION DATE 4/30/2026 City Manager Los Angeles Unified School District $ 108 per test, $204 per listening/spe aking Language Testing for bilingual pay 6/30/2026 2 3 6 1 4/23/2026 Public Works Horizons Construction Co International, Inc. $ 35,720.71 City Hall Staircase Improvements Upon Project Completion 5/1/2026 City Manager’s Office CoStar $6,000 Commercial Real Estate Software 4/30/2027 5/4/2026 Public Works Castlerock Environmental, Inc. $25,000 Marina Center Roof Replacement – Mold and Asbestos Abatement Upon Project Completion 6/9/26 Public Works Vista Environmental Consulting $15,000.00 Mold and Asbestos Testing Services Upon Project Completion 6/10/26 *City Council Approval obtained for emergency work Public Works Horizons Construction Co International, Inc. $ 36,622.99 Repairs for Marina Center Community Center Roof Replacement Upon Project Completion 6/15/2026 City Clerk Pasadena Consulting Group dba Electronic Filing Systems $850 SB 827 Fiscal and Financial Training 6/15/2027 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There was 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. 2 3 6 1 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 F AGENDA STAFF REPORT DATE: September 14, 2026 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT:City of Seal Beach Biennial Conflict-of-Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7810 amending the City’s Conflict-of- Interest Code and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority). BACKGROUND AND ANALYSIS: The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (City) to adopt a Conflict-of-Interest Code. A Conflict-of-Interest Code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700). The PRA also requires local governments to review and, if necessary, to update their Conflict-of-Interest Code in each even-numbered year. The City last updated the Conflict-of-Interest Code applicable to the City and Authority in July 2025 through Resolution 7671 (Attachment E). The reason for this update in an odd-numbered year was to address position reclassifications within the Public Works Department. This year, an update to the City’s Conflict-of-Interest Codie is required to address the following position reorganizations. On September 8, 2025, the City Council authorized and approved an amendment to the Classification Plan and Position Allocation Plan and Designated the Pay Grade and Status of the Human Resources Manager Classification to Grade 36. On February 9, 2026, the City Council authorized and approved an amendment to the Classification Plan and Position Allocation Plan and Designated the Pay Grade and Status of the Human Resources Specialist Classification to Grade 20. Page 2 2 3 5 3 On August 10, 2026, the City Council authorized and approved amendments to the Classification Plan to reclassify various positions on the Seal Beach Full-Time Pay Schedule to the following positions and grades: Deputy Director of Finance, and designating this job classification to Grade 51; and, Senior Engineer, and designating this job classification to Grade 54; and, Deputy Director of Community Services, and designating this job classification to Grade 46; and, Senior Code Enforcement Officer, and designating this job classification to Grade 20. Based upon these adjustments, proposed Resolution 7810 (Attachment A) includes the following recommended updates to the City’s Conflict-of-Interest Code for the City, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution: The Model Code as set forth in Fair Political Practices Commission (FPPC) Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and, An Appendix containing the amended master list of the titles of designated employee positions to include Human Resources Manager, Human Resources Specialist, Deputy Director of Finance, Senior Engineer, Deputy Director of Community Services, and Senior Code Enforcement Officer (Attachment C); and, An Appendix containing the Disclosure Categories (Attachment C); and, An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D). The foregoing positions do not involve the Authority; therefore, no changes to the Authority’s Conflict-of-Interest Code are necessary. 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. Page 3 2 3 5 3 FINANCIAL IMPACT: No financial impact related to this item. RECOMMENDATION: That the City Council adopt Resolution 7810 amending the City’s Conflict of Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority). SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Resolution 7810 B. Model Code (2 Cal. Code Reg. 18730) C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805 E. Resolution 7671 1 1 4 4 6 RESOLUTION 7810 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND SUPERSEDING AND REPEALING RESOLUTION 7671 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict-of-Interest Code. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict-of-Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution 7671, the City last adopted its Conflict-of- Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict-of-Interest Code, designated positions, and disclosure categories. Section 4. Resolution 7671 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3 of this Resolution, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code for the City. Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.” Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-of- Interest Code. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 4 4 6 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 7810 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk EXHIBIT “A” [MODEL CONFLICT OF INTEREST CODE 8 CAL. CODE OF REGULATIONS § 18730] 6 5 9 6 APPENDIX 1 List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2 Building Official 1 City Clerk 1 Cross Connection Control Specialist 2 Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 *Deputy Director of Finance 1* *Deputy Director of Community Services 2* Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 *Human Resources Manager 1* *Human Resources Specialist 2* Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1 Police Chief 1 Public Works Superintendent 1 Recreation Manager 2 *Senior Engineer 2* *Senior Code Enforcement Officer 2, 4* Senior Planner 2, 4 Senior Account Technician 3 Senior Utilities Supervisor 2 Water Services Supervisor 2 *New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners *Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”: A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. 6 5 9 6 For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus are not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2 Disclosure Categories Category 1 – Broad Responsibilities – Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 – Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real property, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. 6 5 9 6 APPENDIX 3 [FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805] RESOLUTION 7671 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND SUPERSEDING AND REPEALING RESOLUTION 7343 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach ("City") to adopt a Conflict-of-Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict-of-Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 7343, the City previously adopted a Conflict-of-Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict-of-Interest Code, designated positions, and disclosure categories. Section 4. Resolution Number 7343 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code for the City. Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit A" shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit "A." Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-of- Interest Code. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote: AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau NOES:Council Members ABSENT: Council Members ABSTAIN: Council Members Q, Lisa La au, M or ATTEST: SEAL h I;;*:i:;j STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7671 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. oria D. Harper, City Clerk I EXHIBIT "A" MODEL CONFLICT OF INTEREST CODE 8 CAL. CODE OF REGULATIONS § 18730] APPENDIX 1 List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2 Building Official 1 City Clerk 1 Cross Connection Control Specialist 2* Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1 Police Chief 1 Public Works Superintendent 1* Recreation Manager 2 Senior Planner 2, 4 Senior Account Technician 3 Senior Utilities Supervisor 2* Water Services Supervisor 2 New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners Individuals who are either (1) serve in a newly created or (2) provide services as a "consultant" as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). Consultants who fit into one or more of the following categories shall be included in the list of designated employees as "Designated Consultants": A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict-of-Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For other Designated Consultants who do not serve in a staff capacity for the City Categories A and C, described above), the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). Bold Titles added to List of Designated Employee Positions APPENDIX 2 Disclosure Categories Category 1 — Broad Responsibilities — Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 — Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 — Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. APPENDIX 3 I FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805] Agenda Item G AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Community Development Director SUBJECT:Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7811: 1. Approving Amendment 3 to the Professional Services Agreement with Michael Baker International Inc., for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and, 2. Approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and, 3. Authorizing the City Manager to execute the Amendments on behalf of the City. BACKGROUND AND ANALYSIS: Michael Baker International Inc. (MBI) has been assisting the City of Seal Beach (City) with updates to the Safety and Environmental Justice Elements and the Open Space, Recreation, and Conservation Element, which are components of the City’s General Plan and required by State law to be updated. While MBI has made significant progress in completing the majority of the necessary work on these projects, additional time is required to finalize the updates. The proposed amendments will extend the term of the existing Agreements with MBI to December 31, 2027. No other changes to the Agreements are proposed. ENVIRONMENTAL IMPACT: The proposed Professional Services Agreement Amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that Page 2 2 3 5 0 have potential for causing a significant effect on the environment. Approval of the Professional Services Agreement Amendments will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the Resolution and Amendments as to form. FINANCIAL IMPACT: These Amendments represent time extensions only, adequate funding was included in the adopted FY 2026-27 Annual Budget. RECOMMENDATION: That the City Council adopt Resolution 7811: 1. Approving Amendment No. 3 to the Professional Services Agreement with Michael Baker International Inc., to the Professional Service Agreement for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and, 2. Approving Amendment No. 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and 3. Authorizing the City Manager to execute the Amendments 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 ATTACHMENTS: A. Resolution 7811 B. Amendment 3 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements C. Amendment 2 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements Page 3 2 3 5 0 D. Amendment 1 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements E. Original Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements F. Amendment 1 to Professional Services Agreement related to the Open Space, Recreation and Conservation Element G. Original Professional Services Agreement related to the Open Space, Recreation and Conservation Element RESOLUTION 7811 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING AMENDMENT 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR SAFETY AND ENVIRONMENTAL JUSTICE GENERAL PLAN ELEMENTS, AND AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR OPEN SPACE, RECREATION AND CONSERVATION ELEMENT, EXTENDING BOTH AGREEMENTS UNTIL DECEMBER 31, 2027 WHEREAS, the City of Seal Beach (City) and Michael Baker International, Inc. (Consultant) are parties to a Professional Services Agreement dated January 24, 2022, relating to the update and preparation of the Safety and Environmental Justice General Plan Elements; and a Professional Services Agreement dated September 22, 2025, related to Open Space, Recreation and Conservation Element; and, WHEREAS, the Consultant has been instrumental in helping the City to be in compliance with State law as it relates to the City’s General Plan; and, WHEREAS, City and Consultant have determined that additional time is required for continued support services to complete these projects, and wish to extend the Term of the Safety and Environmental Justice General Plan Elements Agreement and the Open Space, Recreation, and Conservation Element Agreement to December 31, 2027. NOW, THEREFORE, the Seal Beach City Council does hereby resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 3 to the Professional Services Agreement for Safety and Environmental Justice General Plan Elements, extending the Term through December 31, 2027. Section 2. The City Council hereby approves Amendment 1 to the Professional Services Agreement for Open Space, Recreation and Conservation Element, extending the Term through December 31, 2027. Section 3. The Council hereby directs the City Manager to execute the Amendments on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 2026 by the following vote: 1 1 4 2 2 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 7811 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT Amendment No. 3 for Update and Preparation of Safety and Environmental Justice General Plan Elements Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 855-3685 This Amendment No. 3 dated September 14, 2026, amends that certain agreement (Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc. (Consultant), a Pennsylvania Corporation (collectively, “the Parties”). 2 of 3 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides consulting services to prepare certain Elements of the City’s General Plan. B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through December 31, 2027. AMENDMENT NO. 3 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 January 24, 2022 Agreement is hereby amended to read as follows: The term of this Agreement shall commence on January 24, 2022 and shall remain in full force and effect until December 31, 2027, unless sooner terminated as provided in Section 5.0 of this Agreement. Section 3. All references to the term “Agreement” throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 3, dated September 14, 2026, as if all of those terms are fully set forth therein. Section 4. Except as expressly modified or supplemented b y this Amendment No. 3, all other provisions of the Agreement shall remain unaltered and in full force and effect. Section 4. The person executing this Amendment No. 3 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 3 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 3. 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 3 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: Michael Baker International, Inc., a Pennsylvania Corporation By: __________________________ Name: __________________________ Its: __________________________ By: __________________________ Name: __________________________ Its: __________________________ (Please note, two signatures required for corporations pursuant to California Corporation 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.) Trudi Lim Richard Beck Vice President/Assistant Secretary Senior Vice President Trudi Lim Senior Vice President Richard BeckOffice Executive PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 for Update and Preparation of Safety and Environmental Justice General Plan Elements Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 F-0 Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 5.00 Santa Ana, CA 92707 This Amendment No. 1, dated February 27, 2023, amends that certain agreement Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc., a Pennsylvania corporation, (Consultant). RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides consulting services to prepare certain Elements. of the City's General Plan. ' B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through January 30, 2025. AMENDMENT NO.A- 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 Agreement is hereby amended to read as follows: The term of this Agreement shall commence January 1, 2022 and shall remain in full force and effect until January 30, 2025, 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 28.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated February 27, 2023, as if all of those terms are fully set forth therein. Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. Section 4. The person(s) 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. 2 of 3 CITY OF SEAL BEACH CONSULTANT: Michael Baker International, Inc., a Pennsylvania By:S4U A Corporation Jil R ngram, City Manag By: AL a&d S" BEq, k AttoQpRW Name: Richard Beck es . 2 Vice President By: lori D. Har r, By: 7"1/4 M Approved as to For Name: Tanya Bilezikjian Its: Assistant Secretary By: Craig A. Steele, City Attorney (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories. (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROFESSIONAL SERVICES AGREEMENT for Update and Preparation of Safety and Environmental Justice General Plan Elements between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 949) 855-3685 This Professional Service Agreement ("the Agreement') is made as of January 24 , 2022 (the "Effective Date"), by and between Michael Baker International, Inc. Consultant"), a Pennsylvania corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional consulting services to update and prepare certain Elements of its General Plan. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional consulting services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional planners and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in Consultant's Proposal dated December 21, 2021, attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in accordance with such professional standards, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care. 2of18 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term The term of this Agreement shall commence February 1 , 2022 and shall remain in full force and effect until February 1, 2023 , unless sooner terminated as provided inSection 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth on page 9 of Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $74,880 seventy-four thousand, eight hundred eighty dollars) through the Term, except as otherwise authorized pursuant to Section 3.2 hereunder. 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 Council 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 3 of 18 under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide reasonably satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Eddie Torres is the Consultant's primary representative for purposes of this Agreement. Eddie Torres 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 7.3. 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: Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 949) 855-3685 4of18 Attn: Eddie Torres 7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. 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, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. 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 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 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. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 5of18 retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.0 PERS Compliance and Indemnification 9.1. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, 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 applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. 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. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. The preceding restriction shall 6of18 not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before Consultant responds to such demand. 11.0 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. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders 7of18 to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of - hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. 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. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: 1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: 1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: 1,000,000 per accident and in the aggregate for bodily injury or disease; and 4) Professional Liability (or Errors and Omissions Liability, as appropriate): 1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall provide an extended reporting period of not less than three years. 15.2. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be canceled except after 30 days prior written notice by mail, has been given to the City; (2) except for professional liability insurance, any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) the commercial general and automobile liability coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the, Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.3. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.4. Any deductibles or self-insured retentions shall be declared to and approved by the City. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever,. including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in 9of18 connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The parties expressly agree that this indemnity provision under 16.1 does not include, and in no event shall Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands, or proceedings in connection with or arising out of this Agreement or the services rendered by the Consultant. 16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith, (collectively "Damages"), in law or equity, whether actual, alleged or threatened, to the extent caused by the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to this Section 16.2, Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages, and shall pay all costs and expenses, including all reasonable 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. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. In no event shall either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict 10 of 18 liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 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. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 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. 21.0 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. 11 of 18 22.0 Governing Law This Agreement shall be governed by and construed in accordance with. the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. 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. 25.2. 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. 25.3. 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 12 of 18 business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against administrative or otherwise, arising out of or in each party in such litigation shall bear its own incurred in connection therewith. 27.0 Exhibits the other party, either legal, connection with this Agreement, attorneys' fees and other costs 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. 28.0 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. 13 of 18 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Attest: Approved as to Steele, City Attorney CONSULTANT: Michael Baker International, Inc, a Pennsylvania Corporatic By: Name: Richard Beck Its: Vice President Assistant Secretary Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the assistantchieffinancialofficerorany treasurer of such corporation.) 14 of 18 EXHIBIT A CONSULTANT'S PROPOSAL DATED DECEMBER 21, 2022 Attached) 15 of 18 We Make a Difference INTERNATIONAL December 21, 2021 CITY OF SEAL BEACH, COMMUNITY DEVELOPMENT DEPARTMENT Alexa Smittle, Director of Community Development City of Seal Beach 211 8th St, Seal Beach, CA 90740 SUBJECT: Proposal for the City of Seal Beach Safety Element Update and Environmental Justice Element Preparation, for consistency with the recent Housing Element Update Dear Ms. Smittle: Michael Baker International, Inc. (Michael Baker) is pleased to submit our proposal to strategically update the Seal Beach Safety Element for consistency with the recently updated Housing Element and prepare the Seal Beach Environmental Justice Element for incorporation into the City's General Plan. Elements of the City's General Plan have been adopted and updated as needed since 1973, and the latest comprehensive revision to the General Plan took place in 2003. It is our understanding that the latest Housing Element update has triggered the need for consistency revisions in the Safety Element. Because Seal Beach is updating two General Plan Elements concurrently, the City is required by state law to prepare an Environmental Justice Element for adoption. Recognizing achievements the City has made since the last comprehensive General Plan Update in 2003, the Safety Element Update and Environmental Justice Element preparation allows the City to strategically "refresh" goals, policies and objectives while maintaining internal consistency amongst all General Plan Elements. The Safety Element update provides an opportunity to reaffirm existing goals and policies, to revise goals and policies that need updating to reflect changing regulatory requirements, to consider new goals and policies, and to incorporate the 2017 Seal Beach Local Hazard Mitigation Plan creating a cohesive and modernized approach to safety and hazard preparedness. The Environmental Justice Element will codify policies and procedures to ensure the fair treatment and meaningful participation of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Both elements will be prepared in consistency with the recent Housing Element Update. We have identified an efficient, streamlined, and meaningful approach that is informed by the community and key stakeholders. Our approach will provide Seal Beach with an updated Safety Element and new Environmental Justice Element that will serve the community well into the future. Michael Baker's Principal -in -Charge, Eddie Torres, and Project Manager, Noelle Steele, bring to the City many years of experience managing and preparing General Plan Updates, Local Coastal Programs, Hazard Mitigation Plans and community engagement programs within Orange County and throughout southern 5 Hutton Centre Drive I Santa Ana, CA 92707 M BAKERINTL.CO M Office: 949-472.35051 Fax: 949.837.4122 We Make a Difference INTERNATIONAL California. Furthermore, our team has experience working with the City of Seal Beach as we are currently preparing the Local Coastal Program. We are committed to furthering our professional relationship with the City of Seal Beach, City staff, and the stakeholders in developing the partnership base in order to promote a safe, just, and bright future for the City, its residents, and visitors. This proposal shall remain valid for 120 days after submittal. In addition, the Michael Baker Team has no conflicts of interest in providing services for this assignment and there are no commitments which may impact our ability to perform the requested services. Our team looks forward to the opportunity to align our comprehensive set of services with the needs of the City. Respectfully submitted, Noelle Steele Eddie Torres Project Manager Department Manager Planning & Environmental Services Planning & Environmental Services 5 Hutton Centre Drive I Santa Ana, CA 92707 MBAKER INTL.CO M Office: 949.472.3505 I Fax: 949.837.4122 We Make a Difference INTERNATIONAL Exhibit A" Scope of Services & Schedule The Client and Michael Baker International (Consultant) for mutual consideration hereinafter set forth, and agree as follows: Task 1 PROJECT INITIATION Task 1.1 Kick -Off Meeting Michael Baker will conduct a kick-off meeting/call with the City Project Management Team to review the proposed scope of work, establish an anticipated project schedule, discuss communications protocol and deliverable content. Four staff members from Michael Baker will attend this meeting. This meeting is assumed to occur virtually, through Zoom, Microsoft Teams, or similar platform. Task 1.2 Existing/Background Document Review Michael Baker will review existing and background documents for inclusion in the Environmental Justice Element and Safety Element Update process. Resource documents are anticipated to include: updated Housing Element, existing General Plan Elements, 2017 Local Hazard Mitigation Plan, City Emergency Operations Plan/Emergency Action Plan, and City -specific GIS files related to hazards or environmental justice. Any additional hazard -related documents will be included for review, specifically in the Safety Element update process. Task 2 STREAMLINED COMMUNITY OUTREACH Task 2.1 Web Content and Social Media Graphics Online outreach will be a key strategy in the planning process, providing a cost-effective means for reaching stakeholders and interested members of the public throughout the process. Michael Baker will develop web content that can be used on the City's website and newsletter for distribution regarding the Environmental Justice Element preparation and Safety Element update process. The content will include information about each element, the proposed planning process, access to the survey (Task 2.2) and draft documents when available. Included will be a webpage banner graphic and social media Instagram/Facebook) square graphic. The City will be responsible for posting and disseminating information and updates on the plan process through the website and social media. Task 2.2 Survey In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/rating scales, and open-ended questions — all specifically designed to inform the Environmental Justice and Safety Element Update process. We will coordinate with the City to make the survey link available on the website (Task 2.1). The City will be responsible for distributing and promoting the survey though the E -newsletter, email listservs and/or social media. Survey summary information will be included in the Community Outreach Summary deliverable (Task 2.4). We Make a Difference INTERNATIONAL Task 2.3 Advisory Committee Michael Baker will work with the City Project Management Team to identify participants for an Advisory Committee, to guide development of the Environmental Justice Element preparation and Safety Element Update process. Suggested participants can include representatives from: City Departments (City Manager's Office, Public Works, Police/Fire) Los Alamitos Unified School District, or administrators from local public schools Utility purveyors, such as SCE Naval Weapons Station Seal Beach Leisure World/GRF Board of Directors Local nonprofits or church organizations, with vested interest in assisting disadvantaged communities Local neighborhood groups, HOAs, business institutions and community leaders The Advisory Committee will become a major contributor to the planning process and will guide the Environmental Justice and Safety Element Update process. Michael Baker will host and facilitate two Advisory Committee Meetings (either in-person or virtually), to present the project and solicit input. Each meeting would be a maximum of two hours in length. If hosted in-person, it is assumed the City will secure proper meeting space in compliance with current COVID gathering restrictions (if any). If hosted virtually, Michael Baker can provide meeting technology through MicrosoftTeams or similar platform. It is assumed the City will be responsible for confirming the Advisory Committee members and distributing invitations to participate. Meeting content is outlined below: Meeting #1: Introduction, roles and responsibilities, discussion of plan goals/objectives, review existing documents, )and inventory questions/concerns relating to the General Plan update process. Meeting #2: Present the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element Update Matrix for review and discussion. Michael Baker will prepare agendas, meeting minutes, schedules/milestones and action items as appropriate. Task 2.4 Community Outreach Summary & Documentation Throughout the community outreach process, Michael Baker will document input received for inclusion into a community outreach summary report. Included in this document will include the survey summary, advisory committee meeting notes, and other received input through the City website. Appendix information will include documentation from all outreach mechanisms. Task 3 PLAN DEVELOPMENT Task 3.1 Environmental Justice — Existing Conditions & Baseline Assessment To prepare the Environmental Justice Element, the Michael Baker team will analyze the demographics of Seal Beach and identify any disadvantaged populations following the OPR guidelines. Utilizing the t California Communities Environmental Health Screening Tool (CalEnviroScreen), we will be able to identify communities vulnerable to environmental pollution and contaminants. Additional resources to be utilize We Make a Difference INTERNATIONAL will be the Department of Housing and Community Development's state income limits and the statewide median income data to identify any neighborhoods in Seal Beach with additional burdens. The existing conditions and baseline assessment will also report publicly accessible data regarding air quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement. Michael Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable. A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Environmental Justice — Existing`Conditions and Baseline Assessment in Advisory Committee Meeting #2, as discussed in Task 2.3. Task 3.2 Safety Element — Update Matrix To prepare the Safety Element update, the Michael Baker team will prepare a matrix outlining required updated to the Safety Element. This will include consistency updates based on the recent Housing Element Update, incorporation of the 2017 LHMP by reference, and general modernization updates as needed. Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline ' 4°R. A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Safety Element — Update Matrix in Advisory Committee Meeting #2, as discussed in Task 2.3. Task 3.3 Exhibit Preparations and Update In coordination with the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element— Update Matrix, Michael Baker will also prepare new environmental justice exhibits and update existing safety related exhibits. Location -based hazard data will be captured in a GIS database compatible with Seal Beach systems, where possible. Preparation of graphics will be concurrent with the development of Task 3.1 and 3.2 deliverables. Task 3.4 Administrative Draft Environmental Justice and Safety Element Update Preparation Upon completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element and Safety Element Update. Both deliverables would include all required components and would clearly respond to OPR guidance for General Plan Element Updates. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/strike-out and track changes. Task 3.5 Public Review Draft Environmental Justice and Safety Element Update Preparation Michael Baker will incorporate one consolidated set of comments/revisions on the screencheck administrative draft Environmental Justice Element and Safety Element Update to prepare public review draft elements. Michael Baker will provide electronic public review drafts in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the General Plan Elements made available on the City website and up to two hardcopies available at locations with the City. The City will be responsible for collecting public comments/questions and distributing to Michael Baker at the close of the public review period. It is also recommended that the City provide electronic copies to stakeholders who participated in the advisory committee meeting in Task 2.3. We Make a Difference INTERNATIONAL Task 3.6 Final Environmental Justice and Safety Element Update Preparation Michael Baker will compile all comments received on the public review draft Environmental Justice Element and Safety Element Update and will incorporate changes into both documents as necessary. The final Environmental Justice Element and Safety Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4. Task 4 CEQA COMPLIANCE Michael Baker will prepare an Initial Study/Negative Declaration (IS/ND) under the California Environmental Quality Act (CEQA) for the proposed Safety and Environmental Justice Elements. Based on our preliminary review of the project information, our scope of work below includes the following assumptions: 1. No National Environmental Policy Act (NEPA) clearance will be necessary. Z. No mitigation will apply to the proposed project under CEQA, and thus, a Negative Declaration will be prepared (as opposed to a Mitigated Negative Declaration). 3. All analyses related to the project, including Air Quality, Greenhouse Gases, Energy, and Noise, will be qualitative in nature given that the proposed project is an update to existing policy documents and no development is proposed. 4. The City will be responsible for any radius mailing or newspaper noticing required to support the IS/ND. 5. The City will be responsible for any filing fees (e.g., County Clerk or California Department of Fish and Wildlife) required for the project. It is acknowledged that the Housing Element Update has not been finalized at the time of this proposal writing. Some Safety Element/Environmental Justice Element projects may utilize the "common sense" rule exemption (CEQA Guidelines Section 15061(b)(3)) for General Plan Element updates that do not directly result in land use changes. The commonsense exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the Housing Element currently identifies several properties for up -zoning (increasing build out by 1,543 potential units), it is assumed land use changes would affect the Safety Element where the commonsense exemption would no longer apply. This assumption would be confirmed once the Housing Element is finalized. The scope below outlines a conservative approach for CEQA documentation; if it is later determined that the project can be categorized under an exemption, Michael Baker will revise the scope and fee accordingly. Task 4.1 CEQA Kick -Off Meeting The project work program will be initiated with a virtual Kick -Off Meeting with City staff to discuss the project in greater detail. The initial meeting is vital to the project's success and its CEQA compliance, and will be a key milestone to confirm the City's expectations and develop the Project Description based on the work conducted for the Safety Element and Environmental Justice Element update. This meeting will also establish the analysis parameters, scheduling, and overall communications protocol. Prior to the Kick- We Make G Difference INTERNATIONAL Off Meeting, Michael Baker will distribute a Kick -Off Meeting Agenda and detailed memorandum identifying data needs. Task 4.2 Tribal Consultation Assistance Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 and Senate Bill (SB)18. In coordination with the City, Michael Baker will prepare and send initial consultation letters to tribes that have requested AB 52 notification (assuming fewer than five tribes) and complete the consultation log. A sacred lands file search and SB 18 tribal contact list will be requested from the Native American Heritage Commission. Michael Baker will prepare and send initial consultation letters to tribes identified on the NAHC contact list. Pursuant to State law, AB 52 and SB 18 consultation is required to be government -to -government; therefore, we assume the City will complete the tribal consultation(s) and provide documentation (e.g., letters, emails, and phone conversation summaries) for inclusion in the consultation log and environmental document. This scope does not include meetings or additional consultation. Task 4.3 Research and Investigation Michael Baker will initiate the CEQA process by attaining and evaluating necessary information with respect to the proposed project. Project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. Based upon the detailed information obtained during project initiation, Michael Baker will draft a preliminary Project Description for incorporation into the Initial Study. Task 4.4 Preparation of Initial Study/Negative Declaration The Initial Study will be prepared in accordance with the CEQA Guidelines, including detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will be presented as follows: Introduction This section will cite the environmental review requirements of the project pursuant to the CEQA Guidelines. The Introduction will include the project location, environmental setting, Project Description approved by City staff in Task 9.1), and relevant background/history information. Environmental Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout, identifying: (1) potentially significant impacts, (2) less than significant impacts with mitigation incorporated, (3) less than significant impacts, and (4) issues resulting in no impacts. As stated, it is assumed no mitigation will apply to the proposed project and that all conclusions will either be "Less Than Significant" or "No Impact." Environmental Analysis We Make a Difference INTERNATIONAL The Environmental Analysis sections will provide vital supporting information for the conclusions rendered in the Environmental Checklist. In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues: Aesthetics/Light and Glare Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Service Recreation Transportation Tribal Cultural Resources Utilities and Service System Wildfire Mandatory Findings of Significance Each topical impact area will be analyzed in detail based upon existing information or analyses described above. The existing environmental settling related to each impact topic will be provided, and a summary of the project's potential impacts will be discussed. Where relevant, applicable policies from the Safety Element and Environmental Justice Element will be provided to supplement the analysis. Initial Study Determination The Initial Study Determination section will conclude the appropriate action based upon the analysis provided in the Environmental Analysis section (anticipated to be a Negative Declaration [ND]). Graphic Exhibits The environmental document will include a maximum of five (5) exhibits to enhance the written text clarify the project and potential environmental impacts. Task 4.5 Preparation of Screencheck Draft Initial Study/Negative Declaration Michael Baker will respond to up to two (2) rounds of review of consolidated City comments on the Administrative Draft Initial Study. The Screencheck Draft Initial Study will be provided in track changes to assist with the City's final review of the document. Task 4.6 Preparation of Public Review Draft Initial Study/Negative Declaration Assuming no significant environmental effects will occur and no mitigation measures will be required, Michael Baker will prepare an ND. Following this determination, Michael Baker will also prepare the Notice of Intent (NOI) to Adopt an ND for City review. The NOI and ND will be attached to the Initial Study to fully explain the proposed project and its affects. One (1) electronic copy of the Public Review Draft IS/ND will be provided to the City. Additionally, Michael Baker will submit the IS/ND to the State Clearinghouse electronically; mail the NOI to up to fifteen (15) agencies/interested parties on the City's Distribution List; and file the NO1 at the Orange County Clerk. This task assumes that the City will be We Make a Difference INTERNATIONAL responsible for any applicable County Clerk filing fees as well as any radius mailing or newspaper noticing required for public review. The IS/ND will be subject to a mandatory 30 -day public review period. Task 4.7 Preparation of Final Initial Study/Negative Declaration Michael Baker will respond to all written comments received during the 30 -day public review period. Thorough, reasoned, and sensitive responses will be prepared to relevant environmental issues. The Administrative Draft Responses to comments will be prepared for City review. This scope assumes 10 comment letters of normal detail (two to three pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. This scope assumes no new technical analyses or field work are required to respond to comments. Additional effort necessary for this task (due to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed on a time and materials basis. If necessary, Michael Baker will prepare an Errata section as part of the Final IS/ND. The Errata will identify any revised text in strikethrough and double underline, as necessary, to address comments received on the Public Review Draft IS/ND. The Final IS/ND will be comprised of the Responses to Comments and Errata. Two rounds of review of the Final IS/ND (administrative and screencheck versions) will be prepared for City review and approval. Within five days of adoption of the Final IS/ND, a Notice of Determination (NOD) will be prepared and filed at the Orange County Clerk and State Clearinghouse. This scope of work excludes any applicable CEQA filing fees required by the County Clerk or CDFW. Task 5 PLAN ADOPTION Task 5.1 Planning Commission and City Council Study Session Michael Baker will assist the City with one educational study session for the Planning Commission and one educational study session for the City Council. Study sessions will include discussion of the Environmental Justice Element and Safety Element update development process, community outreach, and other key takeaways. Two Michael Baker staff members will attend each study session and will prepare presentation and handout materials as necessary. Task 6.2 Planning Commission and City Council Adoption Michael Baker will present the final Environmental Justice Element and Safety Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Environmental Justice Element and Safety Element Update will be transmitted to the City. Task 6 PROJECT MANAGEMENT Task 6.1 Project Management Throughout the course of the Safety Element, Environmental Justice Element development and CEQA documentation, the Michael Baker team (led by Project Manager Noelle Steele and Principal -in -Charge, Eddie Torres) will proactively work with the City Project Manager to ensure that tasks are completed on- We Make a Difference INTERNATIONAL time and on budget — with maximized use of resources. To ensure the timely completion of the project, the Michael Baker team will participate in meetings with the City during the work program. These meetings will primarily occur via conference call to discuss work program and progress, resolve issues, review administrative documents/products, and/or receive any necessary direction. The project management task includes administrative management of the project from inception to completion. The Michael Baker team will regularly coordinate and communicate with the Project Manager via telephone, memos, and/or email. Management and administration include activities such as project accounting oversight, ongoing coordination and scheduling of meetings, preparation of meeting notes, coordination of the Michael Baker team, and the preparation of written monthly project status reports. We Make a Difference INTERNATIONAL PROJECT SCHEDULE Below is a tentative schedule based on the work program as presented in the scope of work above. A detailed schedule will be provided after the project kick-off meeting is scheduled. TASK PROPOSED SCHEDULE 1.0 PROJECT INITIATION 1.1 KICK-OFF MEETING Week 1 1.2 EXISTING/BACKGROUND DOCUMENT REVIEW Week 2 - 3 2.0 STREAMLINED COMMUNITY OUTREACH 2.1 WEB CONTENT AND SOCIAL MEDIA GRAPHICS Week 4 - 5 2.2 SURVEY Week 4 - 5 2.3 ADVISORY COMMITTEE Week 5 —18 2.3 COMMUNITY OUTREACH SUMMARY & DOCUMENTATION Week 14 —18 3.0 PLAN DEVELOPMENT 3.1 ENVIRONMENTAL JUSTICE - EXISTING CONDITIONS AND BASELINE ASSESSMENT Week 5 —14 3.2 SAFETY ELEMENT - UPDATE MATRIX Week 5 —14 3.3 EXHIBIT PREPARATIONS AND UPDATE Week 5 —14 3.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 1.8 — 22 UPDATE 3.5 PUBLIC REVIEW DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 22 — 25 UPDATE 3.6 FINAL ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT UPDATE Week 25 — 29 4.0 CEQA COMPLIANCE 4.1 KICK OFF MEETING Week 5 4.2 TRIBAL CONSULTATION ASSISTANCE Week 5 -14 4.3 PREPARATION OF ADMIN DRAFT IS/ND Week 18 - 22 4.4 PREPARATION OF PUBLIC REVIEW DRAFT Week 22 - 25 4.5 PREPARATION OF FINAL IS/ND Week 25 — 29 4.0 PLAN ADOPTION 4.1 PLANNING COMMISSION AND CITY COUNCIL STUDY SESSION Week 30 — 34 4.2 PLANNING COMMISSION AND CITY COUNCIL ADOPTION Week 34 — end We Make a Difference NTE RN AT 10 NAL EXCLUSIONS & ASSUMPTIONS: Michael Baker has the experience and expertise to provide consulting services related to any of the following items, and can do so if negotiated under a separate contract for an additional fee, but are specifically exclude from this agreement: Additional Community Outreach, Meetings or Meeting Support: It is assumed Michael Baker will only attend community outreach and/or meetings as scoped in this agreement. Additional stakeholder meetings or meeting support are excluded from this scope of work. Other: civil engineering services, survey services, additional consulting services related to any of the following tasks that were not included in the preparation of the budget amounts shown on this agreement. INTERNATIONAL Exhibit "B" Cost Proposal We Make a Difference Task Cost Task 1.0: Project Initiation 2,460 Task 2.0: Streamlined Community Outreach 8,270 Task 3.0: Plan Development 19,140 Task 4.0: CEClA Compliance 30,190 Task 5.0: Plan Adoption 7,120 Task 6.0: Project Management 5,700 ODC 2,000 TOTAL COST $74,880 2021 Hourly Rate Schedule: Principal in Charge 200 Project Manager 130 Senior Planner 135 Planner 1 100 Senior Environmental Planner 150 Environmental Planner 110 Cultural Resource Specialist 150 GIS Specialist 130 Graphic Designer 110 The above hourly rates are subject to an annual rate change on January 1 of each calendar year beginning in 2023; however, hourly rates will not be increased more than 5% in any one year without the approval of the Client. We Make a Difference INTERNATIONAL Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty (30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect. 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 V). 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 16 of 18 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." - 17 of 18 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of t 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. 18 of 18 PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 for Open Space, Recreation and Conservation Element Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 855-3685 This Amendment No. 1 dated September 14, 2026, amends that certain agreement (Agreement) made as of September 23, 2025 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc. (Consultant), a Pennsylvania Corporation (collectively, “the Parties”). 2 of 3 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides services for the update to the Open Space, Recreation, and Conservation Element. B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through December 31, 2027. 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 September 23, 2025 Agreement is hereby amended to read as follows: The term of this Agreement shall commence on September 23, 2025 and shall remain in full force and effect until December 31, 2027, unless sooner terminated as provided in Section 5.0 of this Agreement. Section 3. All references to the term “Agreement” throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated September 14, 2026, as if all of those terms are fully set forth therein. Section 4. 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 3 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: Michael Baker International, Inc., a Pennsylvania Corporation By: __________________________ Name: __________________________ Its: __________________________ By: __________________________ Name: __________________________ Its: __________________________ (Please note, two signatures required for corporations pursuant to California Corporation 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.) Richard Beck Vice President/Assistant Secretary Senior Vice President Trudi LimTrudi Lim Senior Vice President Richard Beck Office Executive PROFESSIONAL SERVICES AGREEMENT for Open Space, Recreation and Conservation Element between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 P Michael Baker International 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 949) 855-3685 This Professional Service Agreement ("the Agreement") is made as of September 22, 2025 to be effective as of September 23, 2025 (the "Effective Date"), by and between Michael Baker Internation, Inc. ("Consultant"), a Pennsylvania Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional services for the update to the Open Space, Recreation, and Conservation Element. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), the 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 professional planners 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 "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, 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 documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 2of21 City of Seal Beach Professional Services Agreement between the Agreement, on the one hand, and any of the Exhibits, the Proposal 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 September 23, 2025, and shall remain in full force and effect until May 31, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. 3of21 City of Seal Beach Professional Services Agreement 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $58,911 (Fifty -Eight Thousand, Nine Hundred and Eleven Dollars) for the original Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 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 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 noticc. 4of21 City of Seal Beach Professional Services Agreement 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant 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. Richard Beck is the Consultant's primary representative for purposes of this Agreement. Richard Beck 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 5 of 21 City of Seal Beach Professional Services Agreement To Consultant: Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 Attn: Richard Beck 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, 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 6 of 21 City of Seal Beach Professional Services Agreement such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 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, 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 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 ("PERE"), commencing at Government Code § 20000, as amended by the Public 7of21 City of Seal Beach Professional Services Agreement 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 PERIL, 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 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. 8 of 21 City of Seal Beach Professional Services Agreement 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, 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. 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 9of21 City of Seal Beach Professional Services Agreement 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 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. 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 10 of 21 City of Seal Beach Professional Services Agreement 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 Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as 11 of 21 City of Seal Beach Professional Services Agreement 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. Acce tabili 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, 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, 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. 12 of 21 City of Seal Beach Professional Services Agreement 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, 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, 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, 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, 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 13 of 21 City of Seal Beach Professional Services Agreement subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by 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. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's 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. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be 14 of 21 City of Seal Beach Professional Services Agreement entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "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 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. 15 of 21 City of Seal Beach Professional Services Agreement 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 indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, 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, 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' 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, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this 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. 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 employee, applicants for employment, contractors, subcontractors or subconsultants because of race, 16 of 21 City of Seal Beach Professional Services Agreement 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, 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 B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 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). 17 of 21 City of Seal Beach Professional Services Agreement 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (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. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 18 of 21 City of Seal Beach Professional Services Agreement business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 19 of 21 City of Seal Beach Professional Services Agreement 31.2. Consultant's Cooperatiot7. 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. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 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. 35.0 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. 36.0 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. 20 of 21 City of Seal Beach Professional Services Agreement CITY OF SEAL BEACH CONSULTANT: Michael Baker International, Inc., a Pennsylvania By:i::. Corporation Patrick Gallegos, City Managgr j3y: r` QAC Name: Gn'DOR4 Attes4GIoria r a o rne: By'. D.Harper, City rre Tv Cs' Approved as to Form: By: Nicholas Ghirelli, City Attorney City of Seal Beach Professional Services Agreement 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 21 of 21 EXHIBIT A SCOPE OF SERVICES Consultant's Proposal for Open Space, recreation, and Conservation Element, dated August 12, 2025) 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. City of Seal Beach Professional Services Agreement 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 City of Seal Beach Professional Services Agreement 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 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. City of Seal Beach Professional Services Agreement We Make a Difference I N T E R N AT 1 0 N A L August 12th, 2025 Tim Kelsey, Recreation Manager Community Services/Recreation Department City of Seal Beach 211 8th St, Seal Beach, CA 90740 SUBJECT: City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal Dear Mr. Kelsey: Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to update the Seal Beach Open Space, Recreation, and Conservation Element (Project) to ensure consistency with Senate Bill 1425 and Assembly Bill 1889. This update presents an opportunity to revise goals and policies to reflect evolving regulatory requirements while also enhancing benefits for the Seal Beach community. The Michael Baker team has developed an efficient and meaningful work approach that will be informed by the City, the Recreation and Park Commission, and the broader Seal Beach community. Michael Baker brings extensive experience in long-range community planning and General Plan updates throughout Orange County and Southern California. Our team is familiar with the City of Seal Beach, having previously supported the preparation of the Local Coastal Program, Local Hazard Mitigation Plan, Safety Element Update, and the Environmental Justice Element. The team will leverage shared data, background research, and policy directives to streamline workflows and ensure consistency throughout the update process. The team is available to begin work immediately and is committed to delivering an updated Open Space, Recreation, and Conservation Element by early 2026 to be compliant with Senate Bill 1425 and Assembly Bill 1889. Valerie Clarke, proposed Project Manager, will serve as the primary point of contact. Ms. Clarke will be supported by Noelle Anderson, who will lead community engagement efforts. The team is dedicated to strengthening our professional relationship with the City of Seal Beach and its community to build a strong foundation for a safe, equitable, and vibrant future for the City. This proposal shall remain valid for 120 days from the date of submittal. Sincerely, Richard Beck, Principal -in -Charge Vice President, Practice Executive 949) 855 — 3687 1 rbeck@mbakerintl.com MBAKERINTL.COM LUAI C1.4'_ Valerie Clarke, Project Manager Long Range Planning Services 949) 330-4228 1 valerie.clarke@mbakerintl.com 5 Hutton Centre Drive I Santa Ana, CA 92707 Office: 949.472.3505 1 Fax: 949.837.4122 City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal INTERNATIONAL Scope of Services Task 1 PROJECT INITIATION AND MANAGEMENT Task 1.1 Kick -Off Meeting Michael Baker will conduct an in person kick-off meeting with the City Project Management Team to review the proposed scope of work, establish the anticipated project schedule, and discuss communication protocols and deliverable expectations. Up to three (3) Michael Baker staff members will participate in this meeting. Task 1.2 Regular Coordination Meetings Throughout the development of the Open Space, Recreation, and Conservation Element Update, the Michael Baker team, led by Project Manager Valerie Clarke, will work proactively with the City Project Manager to ensure tasks are completed on time and within budget, with optimal use of resources. To support timely project completion, the Michael Baker team will participate in regular meetings with the City during the course of the work program. These meetings will primarily be held via virtual calls and will serve to discuss progress, address issues, review administrative documents and deliverables, and receive direction as needed. The team recommends meeting twice per month, with frequency adjusted based on the stage of the Project. Up to twelve (12) regular coordination meetings are anticipated. Task 1.3 Project Management Ms. Clarke will be responsible for the day-to-day management of the team; her responsibilities will include coordinating Michael Baker's internal teams and City leadership through progress monitoring, invoicing, preparation of progress reports, maintenance of project files, and oversight of scope and schedule adherence. Michael Bakers goal is to serve as an extension of City staff throughout the duration of the Project. Task 1 Deliverables One (1) Kick-off meeting Confirm project schedule Up to twelve (12) virtual coordination meetings Monthly invoices Meeting agenda and summaries with action items Page 1 y City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal INTERNATIONAL P', Task 2 COMMUNITY ENGAGEMENT Task 2.1 Recreation and Park Commission Community Meeting A community meeting with the Recreation and Park Commission will be held early in the project and structured as an open forum to gather input from both the Commission and the public. This meeting could be either a standalone meeting or co -located at a Recreation and Park Commission hearing. Hosting this meeting at the onset of the project allows the Commission to help shape the goals and policies, while also informing the public of the Project. The meeting may include the following components: Project introduction Roles and responsibilities Discussion of plan goals and objectives Review of existing documents Inventory of questions and concerns related to the General Plan update process Michael Baker will host and facilitate the meeting with a presentation and up to five (5) display boards. The meeting will be limited to a maximum of two (2) hours. It is assumed the City will secure an appropriate meeting space. The City will be responsible for confirming attendance of Recreation and Park Commission members and distributing email invites. As this is an open meeting, other commissions and committees, such as the Environmental Quality Control Board and the Ad Hoc General Plan/Local Coastal Plan Citizens Advisory Committee, will also be invited to participate. To support outreach, the Michael Baker team will design one (1) visually compelling promotional flyer tailored for multi -channel distribution. This flyer will be suitable for email blasts, inclusion on the project website, and adaptation for social media platforms. QR codes may be included to direct viewers to the City's website or meeting details. The City will be responsible for distributing the promotional content through its website, social media channels, newsletters, printed mailings, and other relevant outlets. Task 2.2 Online Survey In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/rating scales, and open-ended questions, all specifically designed to inform the Open Space, Recreation, and Conservation Element Update. The team anticipates up to twelve (12) questions so that the survey is focused and easy to complete for the community. The team will coordinate with the City to make the survey link available on the website prior to Task 2.1 Recreation and Park Commission Community Meeting so that the survey can be advertised at the meeting. The City will be responsible for distributing and promoting the survey website, social media channels, newsletters, printed mailings, and other relevant outlets. Survey summary information will be included in Task 2.3 Community Engagement Summary. Page 2 d 9LAZ City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal INTERNATIONAL` Task 2.3 Community Engagement Summary Throughout the community engagement process, Michael Baker will document input received for inclusion into a Community Engagement Summary report. Included in this document will include the survey summary, Recreation and Park Commission Community Meeting notes, and other received input through the City. Appendix information will include documentation from all outreach mechanisms. Task 2 Deliverables Meeting presentation and content for one (1) Recreation and Park Commission Community Meeting Outreach collateral, including up to five (5) display boards, meeting agendas, and sign -in sheets One (1) promotional flyer designed in Adobe Illustrator or Canva to advertise the Community Meeting Community Engagement Summary Report, up to five (5) pages, delivered in Microsoft Word or Adobe PDF format Task 3 PLAN DEVELOPMENT Task 3.1 Existing Conditions and Baseline Assessment Michael Baker will review existing and background documents for inclusion in the Open Space, Recreation, and Conservation Element Update process. Anticipated resource documents include those highlighted below. Additional open space -related documents will be reviewed as needed to support the Element update process. Existing General Plan Elements, including the current Open Space, Recreation, and Conservation Element, the Land Use Element, and the Circulation Element Draft Environmental Justice Element Draft Safety Element Draft Local Coastal Program (LCP), Land Use Plan (LUP) Local Hazard Mitigation Plan Plans and documents from the Los Cerritos Wetlands Authority California Essential Habitat Connectivity Project State Wildlife Action Plan Restoring California's Wildlife Connectivity (2022) Recreation and resource policies from the Orange County General Plan Existing open space documentation and community -specific updates City -specific GIS files related to open space, recreation, and conservation Given that Michael Baker is concurrently preparing the City of Seal Beach's Environmental Justice Element and Safety Element Update, the team is positioned to provide efficiencies and rust savings during the existing conditions and baseline assessment phase of this task. To support the Open Space, Recreation, and Conservation Element Update, the team will integrate baseline data from the draft Environmental Justice Element to highlight Seal Beach's demographics and identify disadvantaged populations. Page 3 INTERNATIONAL City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal Since the team has already completed an assessment using the California Communities Environmental Health Screening Tool (CalEnviroScreen) for the Environmental Justice Element, this research—focused on social, economic, and racial equity—will serve as a foundation for analyzing equitable access to open space. Additionally, climate resilience and other co -benefits of open space, as aligned with the Safety Element, will be incorporated into the plan. The team will integrate reduced risks from climate -related hazards and offers opportunities for safe co- habitation in open spaces. Regarding wildlife integration, Michael Baker will conduct a desktop analysis of connectivity areas within the City, focusing on landscape permeability and natural corridors. The team will identify and assess existing or planned wildlife passage features. This analysis will ensure that future development does not compromise the effectiveness of these features. The current Open Space, Recreation, and Conservation Element highlights wildlife habitats and natural resources within the City, particularly in Planning Area 5 (Seal Beach U.S. Naval Weapons Station/Wildlife Refuge), Gum Grove Nature Park's urban forest connection, and the Los Cerritos Wetlands. The team will update review for additional opportunities for re -wilding, in coordination with the Land Use Element of the General Plan. Task 3.2 Exhibit Preparation To support Task 3.1 Existing Conditions and Baseline Assessment, the Michael Baker team will prepare and update mapping exhibits. Location -based data will be captured in a GIS database compatible with Seal Beach's systems, where feasible. The team will leverage shapefiles and layer styles from its current work on the LCP, LUP, Safety Element, and Environmental Justice Element to promote both efficiency and consistency across graphics. Up to five (5) mapping exhibits are anticipated. Below are examples of recommended exhibits. Michael Baker will collaborate with the City to determine the most relevant content to highlight in each: Open Space/Conservation Program Map: Displays designated open space areas, including parks, greenbelts, and protected lands. Wildlife Habitat and Corridor Map: Identifies critical habitats and movement corridors for biodiversity conservation, incorporating statewide and local wildlife movement layers while showing linkages across the City. Recreation Map: Showcases community spaces, trails, and recreational facilities. Urban Heat Island and Vegetation Map: Uses existing vegetation data or aerial imagery to distinguish vegetated vs. non -vegetated areas, with connections to wildfire risk using CalFire and other relevant fire hazard layers. Biodiversity Conservation Map: Includes biodiversity hotspots and priority conservation areas using data from USFWS critical habitat layers, CNDDB mapping, National Wetlands Inventory (NWI), and existing conserved lands, public lands, and parks. Task 3.3 Action Plan: Goals, Policies, and Priorities The Michael Baker team will use the existing Open Space, Recreation, and Conservation Element as a foundation to review and refine goals and policies, minimizing the need for a complete overhaul of the Plan. Updated policies will focus on preserving, enhancing, and expanding an Page 4 INTERNATIONAL City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal integrated network of open space that supports beneficial uses such as habitat conservation, recreation, natural resource protection, historic and tribal resource preservation, water management, and aesthetic value. In addition to a comprehensive review of the existing vision and policy framework, the Element update will be aligned with the requirements of Government Code Sections 65560 through 65562. The team will ensure that the revised goals, policies, and priorities reflect the broader General Plan vision, incorporate diverse perspectives, and gain community support. The team will also consider relevant goals and strategies outlined in the Environmental Justice Element and Safety Element Update, integrating them into the Open Space, Recreation, and Conservation Element where appropriate to ensure consistency and reinforce priorities such as equity, climate resilience, and public health. The goals, objectives and policies will be summarized into an Microsoft Excel file that will be integrated into the Element Draft. Task 3.4 Administrative Draft Plan Michael Baker will compile all previous efforts into an Administrative Open Space, Recreation, and Conservation Element Update draft. The team understands the importance of delivering a concise, well-written, and visually engaging document that will serve City staff, stakeholders, decision -makers, and the public effectively for years to come. To ensure high quality, Michael Baker's graphic design and technical editing team will support the development of the document by integrating maps, graphics, photos, charts, and data that complement and enhance the written content. Upon receiving the Administrative Draft Element, the City will consolidate all redline, strikeout, and tracked changes into a single document. Michael Baker will then incorporate these edits into the Updated Draft Open Space, Recreation, and Conservation Element Update to be presented to the Recreation and Park Commission, as outlined in Task 3.5 Recreation and Park Commission Review Session. Task 3.5 Recreation and Park Commission Review Session Michael Baker will assist the City in conducting one review session with the Recreation and Park Commission for the Open Space, Recreation, and Conservation Element Update. This session will include a presentation on the Element's development process, community outreach efforts, and key findings to date. The team will solicit feedback from Commission members during the session for consideration in the draft Element. It is not anticipated that new sections will be added or that significant changes will be made to the Element as a result of this session. Any changes into the draft Element update will be integrated into the Public Review Draft. Two (2) Michael Baker staff members will attend the review session and will prepare all necessary presentation and handout materials to support the discussion for the in person session. Task 3 Deliverables One (1) Goals, Objectives, and Policies Matrix; this will be integrated into the Element draft (Microsoft Excel) Up to five (5) mapping/graphic exhibits (GIS and Adobe PDF) One (1) Administrative Draft Plan (Microsoft Word and Adobe PDF) Two (2) staff members in attendance at one (1) Recreation and Park Commission Review Page 5 City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal INTERNATIONAL .__ Session TASK 4.0 PUBLIC REVIEW AND ADOPTION OF ELEMENTS Task 4.1 Public Review Draft Element Michael Baker will provide an electronic public review draft in Adobe PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the Open Space, Recreation, and Conservation Element update made available on the City website. The City will be responsible for collecting public comments/questions and distributing to Michael Baker at the close of the public review period. Task 4.2 Final Element Update Michael Baker will compile all comments received from Task 4.1 Public Review Draft Element and will incorporate changes into the Final Element Update. The final Open Space, Recreation, and Conservation Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4.4 Planning Commission and City Council Adoption. Task 4.3 Planning Commission and City Council Adoption Michael Baker will present the final Open Space, Recreation, and Conservation Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Open Space, Recreation, and Conservation Element update will be transmitted to the City. Task 4.4 CEQA Commonsense Exemption This scope of work above assumes that policy and action plan updates will qualify for a common sense CEQA exemption. The Michael Baker team has historically utilized this exemption for General Plan Element updates where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). Michael Baker will prepare a draft Notice of Exemption (NOE) outlining the project description and applicability of CEQA Guidelines Section 15061(b)(3). The NOE will be submitted to City staff electronically for one round of review/comment. The Michael Baker team will incorporate comments into a final NOE and file with the County Clerk and State Clearinghouse upon adoption of the Open Space, Recreation, and Conservation Element Update. Should it be determined that a commonsense exemption does not apply to the project, Michael Baker can assist with preparing an alternative CEQA documentation (e.g., Negative Declaration) to provide environmental clearance for the proposed project under a separate scope and fee. Task 4 Deliverables Public Review Draft Element in Adobe PDF and Microsoft Word Final Open Space, Recreation, and Conservation Element update Draft CEQA Notice of Exemption Page 6 City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal INTERNATIONAL Final CEQA Notice of Exemption C Two (2) staff members in attendance at one (1) Planning Commission Hearing Two (2) staff members in attendance at one (1) City Council Hearing Informational Presentation and Handouts in support of Planning Commission/City Council Hearings Page 7 e INTERNATIONAL Cost Proposal City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal The Cost Proposal for the Project is summarized below. Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty (30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect. Narne Staff Role Task 1.0 Project Initiation and Project Management Task 1.1 Kick -Orf Meeting Michael Yaffe DirectorStaff Project Valerie Clarke Project r 4 Noelle Anderson Community Engagement 4 Jake Poland Community 4 Casey Marchese Community Frances Yau Steven Anderson Environmental Biologst Audrey Tamayo Multiple Subject Matter GIS and Experts Graphic (SME) 14,587 2,105 Task 1.2 Regular Coordination Meetings 2 zo s 120 8,380 Task 1,3 PEgfect Managenlenl Task 2.0 Community Engagement Task 2.1 Recreation and Park Commission Community Meeting z 2 15 4 4 4 10 4,102 7,245 3,429 Task 2.2 Online Survey 2 1 2 10 1 2,111 Task 2.3 COrtxnunf En rtlent 5unmar DevelopmentTask3Plan Task 3.1 Existing Conditions and Baseline Assessment 4 2 8 10 8 16 8 1,705 7,061 Task 3.2 Exhibit Preparation 2 2 20 3,393 Task 3.3 Action Plan: Goals, Policies. and Priorities 8 8 8 8 4 4 6,654 Task 3.4 Administrative Draft Plan 2 8 10 10 4,799 Task 3.5 Recreation and Park Commission Review Session Task i Task 4,1 Public Review Draft Element 4 2 4 8 4 8 4 1,870 r ,257 3,203 Task 4.2 Final Element Update 2 5 5 1,729 Task 4.3 Planning Commission and City Council Adoption 6 4 5 5 3,305 Task 4.4 CEOA Commonsense Exemption 2 8 2,021 TOTAL HOURS 10 81 32 76 78 8 24 20 12 LABOR COSTS BY TASK 1 2,651 1 $16,432 1 6,115 10,055 1 $10,319 1,639 $4,082 2,457 $2,117 SUBTOTALI 55,867 OTHER DIRECT COSTS (ODC) 3,0441 TOTAL COST 56 "I Page 8 i INTERNATIONAL Project Schedule City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal The following is a preliminary schedule based on the Scope of Services. The team remains flexible and can adjust the timeline to meet the City's needs. A detailed timeline, including specific deliverables and dates, will be developed following the project kick-off meeting. The schedule below follows a standard four-week/month layout. 1 1 Kick -Off Meeting 12 Regular Coordination Meetings I.3 Protect Management 2 1 Recreation and Park Commission Community Meeting 2 2 Online Survey 2 3 Community Engagement Summary 3 1 Existing Conditions and Baseline Assessment 3 2 Exhibit Preparation 3 3 Action Plan: Goals, Policies, and Priorities 3 4 Administrative Dreg Plan 3 5 Recreation and Park Commission Review Session Task 4 1 Public Review Draft Element Tes4 4 2 Final Element Update Task 4 3 Planning Commission and City Council Adoption Task 44 CEOA Commonsense Exemption e Task Duration K= Kick -Off Meeting C- Regular Coordination Meetings R1= Recreation and Park Commission Community Meeting R2= Recreation and Park Commission Review Session PR- Public Review Period FU- NOW ran PC- planning Commission Adaption CC- Clty Council Adoption CI C iC• C C: CI C PIR m FO Page 9 Agenda Item H AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Purchasing for the Replacement of City Vehicles and Heavy Equipment ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7812: 1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not- to-exceed amount of $234,455.81, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police Surveillance Unit #4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30; and, 2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above- referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, Page 2 2 3 5 5 e) Contingency for $7,500.00; and, 4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting. BACKGROUND AND ANALYSIS: On January 27, 2025, a Fleet Modernization Analysis Report (Report) was presented to City Council providing a comprehensive fleet modernization strategy and criteria for the prioritization of unit replacement to increase efficiency and reduction of costs over the lifecycle of the unit. The criteria include, but are not limited to, vehicle age, maintenance repairs and history, mileage milestone, and usage case. Based on the Report’s criteria, Police Interceptor Utility Vehicle (PIU) Units #4108, #4109, and Police Surveillance Unit #4122, are recommended for replacement. To replace these units, staff will utilize a cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF. Public Works Heavy Equipment Unit #101 is designated for replacement under the Report’s replacement criteria for heavy equipment. Since 2016, this unit has been one of the primary utility tractors for the Public Works Maintenance Division. It has been continuously used for beach maintenance, sanitization, trash mitigation, and equipment augmentation. Other uses for this utility tractor include, but are not limited to, emergency and heavy rain event response as well as large debris removal. This new asset within the Public Works fleet will also serve as a reliable piece of equipment for said response during inclement weather and tidal conditions. Numerous repairs have been made to the existing unit both in-house and contracted out to keep it in running condition, but it is well past its useful life. Unit #101’s current service life at twenty (20) years exceeds the manufacturer’s suggested 8-year replacement interval for heavy equipment within a saline coastal environment. To replace Unit #101, staff will utilize Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC. Marine Safety Unit #5130 is also identified in the Report for vehicle replacement. Unit #5130’s current service life of eight (8) years twice exceeds the Report’s suggested vehicle age replacement of four (4) years for Marine Safety vehicles due to being more susceptible to corrosion and early deterioration in a saline coastal environment. Frequent repairs have been made to the unit to keep it in running condition, but it is well past its useful life. To replace Unit #5130, staff will utilize Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF. Page 3 2 3 5 5 Staff solicited fleet replacement quotes through Sourcewell, as permitted by City of Seal Beach Municipal Code Section 3.20.025 (D). This code provides for an exemption from the City’s competitive bidding requirements for purchases made through a cooperative purchase program. Pricing under cooperative purchasing programs is competitively solicited and generally ensures best pricing by leveraging the volume of participating members regionally and/or nationwide. The units below will utilize the corresponding cooperative purchasing agreements for the replacement units: Unit Number Vendor Cooperative Purchase Contract 4108 National Auto Fleet Group #081325-NAF 4109 National Auto Fleet Group #081325-NAF 4122 National Auto Fleet Group #081325-NAF 5130 National Auto Fleet Group #081325-NAF 101 Stotz Equipment #112624-DAC The Police Department and Marine Safety vehicles will require base-level upfitting customization to meet their respective departments’ requirements, such as highly specialized law enforcement, communication, and rescue equipment. Contingency funding for upfitting is also recommended for the vehicles since throughout the procurement, manufacturing, and operational timeframe, unforeseen equipment augmentation may arise from base-level upfitting from end users that would need to be tailored for a specific use case. It is further recommended that City Council approve a sole-source expenditure in the amount of $59,362.54 with Hi-Standard Automotive, LLC, as permitted by Seal Beach Municipal Code Section 3.20.025(B), which provides that “purchase of a commodity that can only be obtained by only one vendor” is exempt form City’s bidding procedures. 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 units described above quote obtained through Sourcewell: Page 4 2 3 5 5 Unit Number Description Cost 4108 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31 Upfitting Costs $ 19,334.07 4109 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31 Upfitting Costs $ 19,334.07 4122 2027 Ford Police Interceptor Utility Unit – Surveillance $ 57,512.89 Upfitting Costs $ 5,192.06 5130 2026 Toyota Tacoma 4x4 SR5 Double Cab – Marine Safety $ 52,370.30 Upfitting Costs $ 8,002.34 101 2027 John Deere 5105M Utility Tractor – Beach Maintenance $ 103,558.51 Upfitting Contingency $ 7,500.00 TOTAL COST $ 397,376.86 Funds will be expensed from the following accounts: Account Description Amount 601-500-0980-53600 Vehicles $397,376.86 Total $397,376.86 Revenue from the surplus of existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting will be posted to the Sales of Surplus Property Account (601-000-0000-47900). Any unspent funds will be returned to the original funding source. RECOMMENDATION: That the City Council adopt Resolution 7812: 1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not- to-exceed amount of $234,455.81, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, Page 5 2 3 5 5 c) Police Surveillance Unit# 4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30; and, 2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above- referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e) Contingency for $7,500.00; and, 4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean C. Low, Deputy Public Works Director – Maintenance/Utilities ATTACHMENTS: A. Resolution 7812 RESOLUTION 7812 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE PURCHASE FOR REPLACEMENT OF CITY VEHICLES AND HEAVY EQUIPMENT WHEREAS, the City owns, operates, and maintains a fleet of vehicles; and, WHEREAS, on January 27, 2025, a Citywide Fleet Modernization Analysis Report (Report) was published and presented to the City Council, detailing a comprehensive fleet replacement and modernization strategy; and, WHEREAS, the Report identifies specific City vehicles for replacement based on general wear and tear, years in service, mileage milestone, or vehicles deemed out of commission; and, WHEREAS, Police Interceptor Utility (PIU) Vehicle Units #4108, #4109, and Police Surveillance Unit #4122; Marine Safety Unit #5130; and Public Works Heavy Equipment Unit #101 are recommended for replacement per the Report’s replacement criteria; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from competitive bidding requirements for purchases made through a cooperative purchasing program; and, WHEREAS, in accordance with the Seal Beach City Charter and Seal Beach Municipal Code Sections 3.20.025(D) and 3.20.025(B), in order to obtain the replacement vehicles, the City solicited quotes for the purchase of the replacement vehicles from National Auto Fleet Group pursuant to Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF, and Stotz Equipment pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC, and also determined that the upfitting of the fleet can be obtained only from Hi-Standard Automotive, LLC in order to ensure the standardized upfitting of the vehicles and equipment. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves and authorizes the purchase of four (4) replacement vehicles for the City’s fleet from National Auto Fleet Group pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF, for a not-to- exceed total cost of $234,455.81, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police Surveillance Unit# 4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30. Section 2. The City Council hereby authorizes the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D). Section 3. The City Council hereby authorizes the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e) Contingency for $7,500.00. Section 4. The City Council hereby directs the City Manager, or designee, to approve purchase orders and any necessary related documents on behalf of the City, for the new vehicles. Section 5. The City Council hereby authorizes the City Manager, or designee, to surplus existing vehicles and equipment upon the completion of the new vehicle and equipment purchases upfitting. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 } 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 7812 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk Agenda Item I AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term. BACKGROUND AND ANALYSIS: Historically, the residents along the beach between the Anaheim Jetties and the pier are subject to wave inundation during storms. The threat of washouts or flooding is lessened by the annual construction of a sand berm. The “berm” is routinely built in late October and early November, completed prior to Thanksgiving and then removed each year prior to the end of April, except in cases where possible inclement weather and wave events would make it prudent to leave it in place for longer periods. Page 2 2 3 5 7 As part of the Annual Winter Sand Berm Study, dated September 2003, specifications for the sand berm construction and removal were identified. Accordingly, the contract work will consist of constructing a sand berm approximately 22 feet above mean lower low water (MLLW) datum, almost 40 feet wide and the length of East Beach from the pier to the Navy Base. The report also recommended performing “back-passing” operations every other year which consist of moving sand from West Beach to East Beach. This contract will include back-passing during the Fall of 2027 and every odd year afterwards for the term of the agreement. The City’s existing Berm Contractor, Post Bros Construction Co., opted out of the allowable extensions in their Agreement due to rising fuel costs that they claimed would not allow them to continue at their bid price. On July 8, 2026, the City issued a solicitation for bids and on August 12, 2026, the City Clerk’s office received three (3) bids with the following results: RANK CONTRACTOR BID AMOUNT 1 Elka Construction, Inc. $320,000 2 Elite Earthworks and Engineering $469,000 3 Crew, Inc. $745,000 Based upon references, qualifications, work experience, and cost, staff recommends selecting Elka Construction, Inc. as the lowest responsible bidder at $320,000 for a two-year period and awarding the contract to Elka Construction Inc. The project plans are available in the City Engineer’s office. The contract term is two (2) years, and the City will have the option to extend the contract for up to four (4) additional one-year terms. Each contract term extension allows for an increase in the compensation based on the lesser of either (a) changes to the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long Beach-Anaheim, CA (1982-84=100), All Items, as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year. Contingency funding will be included into this agreement for Fiscal Year 2026-27 on an as needed basis in preparation for a projected El Nino winter. Given weather unpredictability, staff may have minimal warning to prepare for, and react to, major storms or tide swells. This contingency will allow staff to bring in a grading contractor under contract on short notice this winter. ENVIRONMENTAL IMPACT: This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d). Page 3 2 3 5 7 LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Funds for the Fiscal Year 2026-27 contract expenditures have been included in the Tidelands Account. Future funding needs will be reflected in the subsequent fiscal years’ proposed budgets. RECOMMENDATION: That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original 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. Senior Engineer ATTACHMENTS: A. Resolution 7813 B. Public Works Agreement with Elka Construction, Inc. RESOLUTION 7813 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH ELKA CONSTRUCTION INC. FOR THE ANNUAL SAND BERM CONSTRUCTON AND REMOVAL WHEREAS, on July 8, 2026, the City issued a solicitation for bids for the Annual Sand Berm Construction and Removal (Project); and, WHEREAS, on August 12, 2026, the City Clerk’s office received three (3) bids in response to the solicitation of bids, and Elka Construction, Inc. (Elka) submitted the apparent lowest bid in the amount of $320,000; and, WHEREAS, upon review of the Notice Inviting Bids and the Instructions to Bidders, as well as the bid submitted for the work to be performed in accordance with the Agreement, plans, specifications, and contract documents, the City Council finds that Elka is a qualified contractor to undertake the Project. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: SECTION 1. The City Council hereby approves the scope of work, specifications and other contract documents for the Project SECTION 2. Based on the recitals set forth above, which are incorporated herein by this reference, the City Council hereby awards a Public Works Agreement to Elka Construction, Inc. for the Project in a not-to- exceed amount of $320,000 for the two-year term; waives any and all minor bid irregularities; and rejects all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager, or designee, to execute the Public Works Agreement with Elka Construction, Inc. on behalf of the City for the Project. SECTION 4. The City Council hereby authorizes the City Manager, or designee, to approve additional work requests and construction services by Elka Construction, Inc. up to $64,000 (approximately 20%), in connection with the Project. SECTION 5. The City Council hereby authorizes the City Manager, or his designee, to extend the Agreement with Elka for up to four (4) additional one-year terms, at his discretion. 1 1 4 6 0 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7813 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk SP-1 PUBLIC WORKS AGREEMENT ANNUAL SAND BERM CONSTRUCTION AND REMOVAL between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Elka Construction, Inc. 31805 Temecula Parkway, PMB #214 Temecula, CA 92592 P-(951) 972-0806 F- (951)-430-8782 THIS CONTRACT (“Contract”) is made as of September 14, 2026, by and between the City of Seal Beach, a California charter city (“City”), and Elka Construction, Inc., a California Corporation (“Contractor”) (collectively, “the parties” and individually, a “party”). SP-2 RECITALS A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the ANNUAL SAND BERM CONSTRUCTION AND REMOVAL (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated July 8, 2026; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated August 12, 2026 in the amount of $320,000 (“Bid” hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed California Contractor (State Contractor's license number 1083334, DIR #1001061376; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as ANNUAL SAND BERM CONSTRUCTION AND REMOVAL (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and SP-3 acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Accepted Bid Proposal with Bid Sheets (Exhibit G), and Project Plans (Appendix A). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Agreement is effective as of September 14, 2026 (the “Effective Date”), and shall remain in full force and effect for two years through and including 11:59 p.m. on September 26, 2028, unless previously terminated or extended as provided in this Agreement. 2.2 City may extend the term of this Agreement for a maximum of four consecutive additional periods, not to exceed one-year each (each an “Extended Term”) by the City Manager giving notice of the City’s desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period. Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement. 3. Contractor’s Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $320,000 (Three Hundred Twenty Thousand dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. SP-4 3.1.2 Payment for Subsequest Extensions. In the event that the City Manager elects to extend the Agreement for an additional term(s), the City Manager shall determine the amount of each Extended Term in accordance with Section 3.2 3.2 In the event that this Agreement is extended pursuant to Section 2.2, the amount set forth in Section 3.1 shall be adjusted annually starting in July 22, based on the lesser of either (a) changes to the Consumer Price Index for Los Angeles- Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (1982-84=100) as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year. No adjustment amount shall be due, owing or paid to Contractor by City until approved in advance by the City Manager. 3.3 Each sum set forth in Section 3.1 and 3.2 shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 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. 3.34 City will not compensate Contractor for any services performed that are not specified in Section 1 of this Agreement unless the City authorizes such work in advance and in writing. 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, SP-5 claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. SP-6 5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold SP-7 harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. SP-8 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. SP-9 6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. SP-10 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 SP-11 If to Contractor: Elka Construction, Inc. 31805 Temecula Parkway, PMB #214 Temecula, CA 92592 Telephone:951-972-0806 Attn: Elia Kaleh, CFO 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” SP-12 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 SP-13 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. SP-14 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: ___________________________ By: ____________________________ Patrick Gallegos, City Manager Name: __________________________ Attest: Title: __________________________ By:___________________________ Gloria D. Harper, City Clerk By: ____________________________ Approved as to Form: Name: __________________________ Title: __________________________ By: ___________________________ (Please note, two signatures required for Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. Elia Kaleh CFO Toni Kaleh CEO Agenda Item J AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7814: 1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The City owns and maintains a robust sewer system consisting of six (6) stations and over 34 miles of pipeline. The City’s Sewer Master Plan identifies critical infrastructure improvements to ensure system reliability, including the Sewer Pump Station 35 Upgrades (Project), CIP SS1903. Sewer Pump Station 35 (PS #35) is a critical facility that collects wastewater from the southerly portion of the City and conveys it to the regional wastewater collection system. A failure at PS #35 could disrupt wastewater conveyance and potentially result in sewer overflows. The Project is part of a phased effort to improve the reliability and resiliency of PS #35. As part of the current phase, a bypass pumping system with backup generation was installed to provide continued wastewater collection service in the event of a station failure. With successful completion of this phase, the next phase is anticipated to focus on mechanical piping and valve replacements and is tentatively scheduled to begin in 2029. Page 2 2 3 5 8 On October 28, 2024, City Council adopted Resolution 7569, awarding a Public Works Agreement to R.I.C. Construction Co., Inc. (R.I.C.) for the Project in the amount of $1,227,737, allocating up to $123,000 for additional work request, and appropriating $111,430 for optional wet well relining should the construction inspection determine that the work was warranted. During construction, a total of 12 change orders were issued. The change orders included the wet well relining work, electrical upgrades, abandonment of unforeseen infrastructure, and non-compensable working-day extensions associated with material procurement and utility company coordination delays outside of R.I.C.’s control. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b), as the work involves alternation to an existing publicly owned utility for wastewater conveyance. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract amount plus established construction contingency totals $1,462,167. The actual amount used was $1,460,553.97. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Bid Items Contract Change Orders $ 1,227,737.00 $ 121,386.97 Wet Well Lining $ 111,430.00 Project Cost $ 1,460,553.97 Unspent funds will be returned to the original funding source. Page 3 2 3 5 8 RECOMMENDATION: That the City Council adopt Resolution 7814: 1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7814 B. Notice of Completion RESOLUTION 7814 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE SEWER PUMP STATION 35 UPGRADES, CIP SS1903 NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City accepts the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903 (Project), by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention thirty-five (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7814 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on August 5, 2026. The work was Sewer Pump Station 35 Upgrades, CIP SS1903. 6. The name of the contractor(s), if any, for such improvement was: R.I.C. Construction Co., Inc. 7. The date of the Contract Award was October 28, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 200 Seal Beach Boulevard, Seal Beach, CA 90740 Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2026, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item K AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Amending the FY 2026-27 West Orange County Water Board Budget ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7815 amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800. BACKGROUND AND ANALYSIS: The West Orange County Water Board (WOCWB) is a joint powers authority comprised of the Cities of Garden Grove, Huntington Beach, Westminster, and Seal Beach. WOCWB owns and operates OC-9 and OC-35 pipelines for the purpose of importing water from the Municipal Water District of Orange County (MWDOC) and transporting it to the member cities. In 2020, WOCWB established a Cathodic Protection Program (Program) to extend the useful life of the more than 60-year-old OC-9 and OC-35 pipelines. The original Program was estimated at approximately $8 million, and member agencies began making annual contributions based on their respective ownership percentages. As preliminary design progressed, WOCWB's engineering consultant determined that the originally proposed rehabilitation approach was not feasible for portions of the pipelines. WOCWB subsequently authorized a more comprehensive condition assessment to identify appropriate repairs and long-term maintenance needs. The assessment did not identify an immediate risk of failure but recommended approximately $620,000 in priority repairs, continued monitoring, and follow-up condition assessments every five years. WOCWB has budgeted $1 million in FY 2026-27 to complete the recommended repairs and address related maintenance needs. Page 2 2 3 5 9 Since the originally anticipated rehabilitation program is no longer being pursued, WOCWB determined that the full amount previously collected from the member agencies is no longer necessary. WOCWB is recommending the return of $4.6 million to the member agencies based on their ownership percentages, while retaining sufficient reserves for the planned repairs, emergency needs, and future condition assessments. Seal Beach's 14.3% ownership share results in an anticipated return of approximately $657,800 to the City's Water Enterprise Fund. At its July 15, 2026 meeting, the WOCWB Board voted unanimously to support the return of funds. Each member agency's City Council must approve the associated budget amendment before WOCWB considers final ratification at its October 21, 2026 meeting. Funds are anticipated to be returned following completion of that process and the maturity of WOCWB's investment in November 2026. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of the FY 2026-27 WOCWB budget amendment will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Upon approval by the member agencies and the WOCWB, the City’s proportionate return of $657,800 will be deposited to the City’s Water Enterprise unassigned fund balance. Agency Percent Owner Total Return Huntington Beach 56.1%$2,580,600 Westminster 25.4%$1,168,400 Seal Beach 14.3%$ 657,800 Garden Grove 4.2%$ 193,200 Total 100%$4,600,000 RECOMMENDATION: That the City Council adopt Resolution 7815 amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800. Page 3 2 3 5 9 SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7815 RESOLUTION 7815 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AMENDMENT OF THE WEST ORANGE COUNTY WATER BOARD FISCAL YEAR 2026-27 BUDGET WHEREAS, the City is a member of the West Orange County Water Board (WOCWB) joint powers authority; and, WHEREAS, the City jointly owns the WOCWB water pipeline conveyance system with the Cities of Garden Grove, Huntington Beach, and Westminster; and, WHEREAS, the WOCWB has found that the previously approved Cathodic Protection Program is no longer viable and desires to return $4,600,000 of unexpended funds to member agencies; and, WHEREAS, the City’s proportionate return is $657,800. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7815 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk Agenda Item L AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallagos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The Seal Beach Tennis and Pickleball Center (SBTPC) is one of the City’s most frequently utilized recreational facilities. The SBTPC includes eleven (11) tennis courts and twenty-one (21) pickleball courts and serves a membership base of more than 500 users. The facility also accommodates a variety of private and City- sponsored events. The City has historically resurfaced courts on an as-needed basis. However, increased use in recent years has resulted in accelerated wear beyond the typical maintenance schedule. Funding for the proposed improvements was included in the Fiscal Year 2025– 2026 Capital Improvements Program (CIP) for the renovation of nine (9) tennis courts and thirteen (13) pickleball courts and LED upgrades of six (6) existing tennis court lighting. The balance of the courts and lighting were upgraded as part of another recently completed CIP project. Page 2 2 3 4 2 The contractor retrofitted thirty-six (36) LED lights, which included removing thirty- six (36) existing fixtures and furnishing thirty-six (36) 400W LEDs. The contractor also completed comprehensive court resurfacing that included grinding and patching as needed, pressure-washing the courts, repairing spalls and surface imperfections, and treating all major cracks with Court Patch Binder. They applied a full five-coat system that incorporated manufactured grit aggregate in the resurfacer and color coats to ensure proper texture and durability. These treatments improved the playing surface. However, addressing underlying structural deficiencies was not part of the project’s scope of work. Because the courts were built on an older asphalt surface, a full court overhaul would be required to correct those underlying structural deficiencies. Existing cracks may reappear over time, but this condition is expected given the age of the base pavement. Throughout the project, the contractor was responsive to cracks that emerged and replaced material to ensure a consistent and stable surface, including redoing sections as requested by the City. All lighting products warrants that they will be free from defects in housing, for the period of ten (10) years from date of purchaser’s purchase (the invoice date), subject to terms and conditions provided in the specifications. All work and/or materials for the court resurfacing performed by the contractor is guaranteed for a period of one (1) year from the time resurfacing is completed. In the construction or resurfacing of concrete courts, shrinkage cracks and/or spalls may appear in the slab, but do not cause any structural damage or displacement. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk-Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency totals $470,000.00. The actual amount used was $419,914.81. Page 3 2 3 4 2 The table below presents a breakdown of the total construction Project cost: Description Amount Construction Bid Items Contract Change Orders $ 419,914.81 $ 0.00 Project Cost $ 419,914.81 Unspent funds will be returned to the original funding source. RECOMMENDATION: That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Wendy Ha, Assistant Engineer ATTACHMENTS: A. Resolution 7816 B. Notice of Completion RESOLUTION 7816 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE SEAL BEACH TENNIS AND PICKLEBALL CENTER COURT RESURFACING AND LED LIGHTING UPGRADES, CIP PR2501 NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City accepts the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention thirty-five (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7816 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on September 14, 2026. The work was Seal Beach Tennis Court and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501. 6. The name of the contractor(s), if any, for such improvement was: KYA Services, LLC (KYA). 7. The date of the Contract Award was January 26, 2026. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 3900 Lampson Ave, Seal Beach, CA 90740 Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2026, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item M AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council FROM:Patrick Gallegos, City Manager SUBJECT: Approve Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association, Mid-Management and Confidential Employees Association, and Marine Safety Management Association for the period of July 1, 2026 through June 30, 2029 SUMMARY OF REQUEST: That the City Council: 1. Adopt Resolution 7817 approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association (SBSPA), the Mid-Management and Confidential Employees Association (MMCEA), and the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the City Manager to execute and implement the Memoranda of Understanding in the form attached hereto. BACKGROUND AND ANALYSIS: The City of Seal Beach (City) met and conferred in good faith with the Seal Beach Supervisors and Professionals Association (SBSPA), Mid-Management and Confidential Employees Association (MMCEA), and Seal Beach Marine Safety Management Association (SBMSMA) regarding successor Memoranda of Understanding (MOUs). Through the collective bargaining process, the parties reached tentative agreements concerning wages, hours, and other terms and conditions of employment. Each Association has accepted the terms and form of its respective MOU. The proposed MOUs cover the period of July 1, 2026, through June 30, 2029. A single resolution is presented for City Council consideration to approve all three Page 2 2 3 6 3 MOUs and authorize the City Manager to execute and implement the agreements on behalf of the City. Major Changes Term and compensation: Each MOU provides for a three-year term, with salary adjustments of 3.0% effective the first full pay period starting on or after July 1, 2026; 2.5% effective the first full pay period starting on or after July 1, 2027; and an adjustment based on the Consumer Price Index for All Urban Consumers (CPI-U), with a minimum of 1.0% and a maximum of 3.0%, effective the first full pay period starting on or after July 1, 2028. 4/10 work-schedule pilot: The SBSPA and MMCEA agreements establish a pilot six-month 4/10 work-schedule pilot designed to improve public access to City services. City Hall’s operating hours will be extended Monday through Thursday from 7:30 a.m. to 5:30 p.m., including the lunch hour, providing additional availability during the City’s busiest service times. Closing City Hall on Fridays will also help free up parking for residents, visitors, and local businesses during high-demand Fridays. The City Council may discontinue the pilot at any time, and continuation beyond the six- month pilot period will require further Council action. The remaining negotiated terms and mutually agreed-upon language are reflected in the attached redlined versions of the respective MOUs. Upon City Council approval, the final MOUs will govern the wages, benefits, hours, and other terms and conditions of employment for each bargaining unit. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this staff report and approved it as to form. FINANCIAL IMPACT: The benefit changes for SBSPA and MMCEA agreements were included in the FY 2026-27 Adopted Budget and any additional costs will be absorbed within existing departmental budgets. The SBMSMA agreement results in an additional FY 2026- 27 cost of $23,591 and requires Budget Amendment BA # 27-03-01. Ongoing costs will be incorporated into future budgets through the annual budget process. Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Salaries 106-230-0828-50020 $ 585,251.00 $ 598,842.00 $ 13,591.00 Personnel Matters 101-130-0015-51961 $ 370,000.00 $ 380,000.00 $ 10,000.00 Transfer Out - Operational 101-150-0080-59200 $ 2,091,614.00 $2,105,205.00 $ 13,591.00 Transfer In - Operational 106-000-0000-49200 $ 1,952,683.00 $1,966,274.00 $ 13,591.00 Page 3 2 3 6 3 RECOMMENDATION: That the City Council: 1. Adopt Resolution 7817 approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association (SBSPA), the Mid-Management and Confidential Employees Association (MMCEA), and the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the City Manager to execute and implement the Memoranda of Understanding in the form attached hereto. SUBMITTED, NOTED AND APPROVED BY: Patrick Gallegos Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7817 B. SBSPA Memorandum of Understanding (clean) C. SBSPA Memorandum of Understanding (redline) D. MMCEA Memorandum of Understanding (clean) E. MMCEA Memorandum of Understanding (redline) F. SBMSMA Memorandum of Understanding (clean) G. SBMSMA Memorandum of Understanding (redline) RESOLUTION 7817 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION, THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION, AND THE SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2029; APPROVING BUDGET AMENDMENT NO. 27-03-01; AND AUTHORIZING IMPLEMENTATION WHEREAS, the City of Seal Beach values the work of its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and its employees; and, WHEREAS, representatives of the City, the Seal Beach Supervisors and Professionals Association ("SBSPA"), the Mid-Management and Confidential Employees Association ("MMCEA"), and the Seal Beach Marine Safety Management Association ("SBMSMA") met, conferred, and negotiated in good faith regarding wages, hours, and other terms and conditions of employment and developed the Memoranda of Understanding ("MOUs") attached hereto as Exhibits A, B, and C, each incorporated herein by this reference, and each Association has accepted its respective MOU; and, NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The MOU between the City of Seal Beach and SBSPA, attached hereto as Exhibit A, for the period of July 1, 2026 through June 30, 2029, is hereby approved, retroactive to the first full pay period starting on or after July 1, 2026. Section 2. The MOU between the City of Seal Beach and MMCEA, attached hereto as Exhibit B, for the period of July 1, 2026 through June 30, 2029, is hereby approved, retroactive to the first full pay period starting on or after July 1, 2026. Section 3. The MOU between the City of Seal Beach and SBMSMA, attached hereto as Exhibit C, for the period of July 1, 2026 through June 30, 2029, is hereby approved, retroactive to the first full pay period starting on or after July 1, 2026. Section 4. Budget Amendment No. 27-03-01 for Fiscal Year 2026-27 in the amount of $23,591 is hereby approved to fund costs associated with the SBMSMA MOU. 1 1 4 6 9 Section 5. The City Manager is authorized to execute Exhibits A through C on behalf of the City and to take all actions necessary to implement the MOUs and Budget Amendment No. 27-03-01. Section 6. 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 14th day of September 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 7817 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk SBSPA MOU 2026-2029 1 1 1 4 7 0 Seal Beach Supervisors & Professionals Association (SBSPA) MEMORANDUM OF UNDERSTANDING Resolution 7817 ADOPTED: September 14, 2026 EXPIRES: June 30, 2029 Term: July 1, 2026 - June 30, 2029 SBSPA MOU 2026-2029 2 1 1 4 7 0 TABLE OF CONTENTS SECTION 1: RECOGNITION SECTION 2: CITY RIGHTS SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE SECTION 4: RETIREMENT HEALTH INSURANCE SECTION 5: SICK LEAVE SECTION 6: BEREAVEMENT LEAVE SECTION 7: VACATION TIME SECTION 8: HOLIDAYS SECTION 9: RETIREMENT SECTION 10: OVERTIME AND CALL OUT PAY SECTION 11: COMPENSATORY TIME OFF (CTO) SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS SECTION 13: LONGEVITY BONUS SECTION 14: AUTOMOBILES AND MILEAGE SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE SECTION 15: ADMINISTRATIVE LEAVE SECTION 16: JURY DUTY SECTION 17: LIMITATIONS SECTION 18: DEFERRED COMPENSATION SECTION 19: BILINGUAL COMPENSATION SECTION 20: HEALTH WELLNESS PROGRAM SECTION 21: WORK SCHEDULE SECTION 22: TUITION REIMBURSEMENT SECTION 23: COMPENSATION PLAN SECTION 24: LEAVES OF ABSENCE SECTION 25: MISCELLANEOUS SECTION 26: APPEALS SECTION 27: “ME-TOO” CLAUSE SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION SECTION 29: MAINTENANCE OF MEMBERSHIP SECTION 30: TERM SECTION 31: RATIFICATION SBSPA MOU 2026-2029 2 1 1 4 7 0 SBSPA MOU 2026-2029 3 1 1 4 7 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the “City” and/or “Employer” and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as “Association”. B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 23.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives’ normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. D. City recognizes Association’s right to appoint or elect representatives to meet and confer with City’s management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. SECTION 2: CITY RIGHTS A. Rights/Responsibilities This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. SBSPA MOU 2026-2029 4 1 1 4 7 0 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SBSPA MOU 2026-2029 5 1 1 4 7 0 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan 4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan. 5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $550 per month beginning July, 2026 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’ Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee’s monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City’s health insurance program at the employee’s expense. SBSPA MOU 2026-2029 6 1 1 4 7 0 B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA. C. On or after January 1st, 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. D. In all cases, the City’s contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. E. Sick leave balances may not be used to defer a disability retirement. SECTION 6: BEREAVEMENT LEAVE The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee. If 5 days of the employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above 40. SECTION 7: VACATION TIME A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year. SBSPA MOU 2026-2029 7 1 1 4 7 0 C. The vacation accrual schedule is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours 1 80 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3.6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 128 4.9230 128 12 136 5.2307 136 13 144 5.5384 144 14 152 5.8461 152 15 160 6.1538 160 D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. SBSPA MOU 2026-2029 8 1 1 4 7 0 I. An employee who has completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 200 hours per fiscal year, in no more than two payments; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. SECTION 8: HOLIDAYS A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Year’s Day January 1st Martin Luther King Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran’s Day November 11th Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th 2 Floating Holidays Discretion of employee Total of 13 holidays annually *Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example: Employee normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee C would receive 10 hours of compensatory time off. D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU SBSPA MOU 2026-2029 9 1 1 4 7 0 SECTION 9: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employees’ Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Section 20965 Credit of Unused Sick Leave Section 21024 Military Service Credit B. Miscellaneous 1. The Miscellaneous employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable. 2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members. 3. New employees/members hired on or after January 1, 2013 as defined by the Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 10: OVERTIME AND CALL OUT PAY A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum “call out” time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. C. Overtime will be computed by dividing the employee’s regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 11: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued. SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee’s assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SBSPA MOU 2026-2029 10 1 1 4 7 0 SECTION 13: LONGEVITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 14: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE A. Public Works Department Employees Employees in designated classifications working in the Public Works Department shall be entitled to uniform service. The Department Head will designate the uniform and the City will select the vendor. The designated uniform and vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, Maintenance Services Supervisor, and Senior Utilities Supervisor. The City Manager, in his or her discretion, may add additional classifications or positions/assignments within classifications on recommendation of the Department Head. B. Safety Shoes The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services Supervisor, Maintenance Services Supervisor, and Senior Utilities Supervisor with safety shoes, subject to a maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these parameters, as solely determined by the City, from time to time. The Department Head may designate or change the designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other requirements, shoes must meet all applicable safety rules and regulations to be eligible. Employees may use any remaining funds from their annual safety shoe allowance to purchase shoe-related items, including shoe inserts, socks, and shoelaces. In addition, employees may purchase one (1) additional pair of safety shoes and/or shoe- related items, up to an additional $250 per calendar year, with prior written approval from the Department Director. C. Police Department Uniform Allowance Employees who work in the Police Department and are assigned to wear a uniform shall receive a $1,250 annual uniform allowance. New employees in the Police Department shall receive initial uniforms as determined by the Chief of Police. SECTION 15: ADMINISTRATIVE LEAVE A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year. B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SBSPA MOU 2026-2029 11 1 1 4 7 0 SECTION 16: JURY DUTY See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty. SECTION 17: LIMITATIONS A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month. SECTION 18: DEFERRED COMPENSATION Effective the first full pay period on or after July 1, 2026, the City shall contribute $50 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications. SECTION 19: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 20: HEALTH WELLNESS PROGRAM A. Medical Maintenance & Wellness Program The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager. SECTION 21: WORK SCHEDULE A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m. and shall be closed to the public on Fridays. B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program shall automatically expire at the end of the day immediately preceding the six-month anniversary of the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require City Council action. C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to maintain operational needs and ensure adequate service to the public. SBSPA MOU 2026-2029 12 1 1 4 7 0 B. Holiday Closures - The City Manager may designate up to 5 specific holiday closure workdays in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows: Hours Pay Rate 4 hours work pay 1½ times the hourly rate, as applicable under the MOU 5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof D. Police Department employees are excluded from the holiday-closure provisions in subsections B and C. SECTION 22: TUITION REIMBURSEMENT B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. A. Higher Education Degree Programs - Employees attending accredited community colleges, universities or trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee’s course begins. D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, doctorate, or other terminal degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee’s current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement; however, such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: SBSPA MOU 2026-2029 13 1 1 4 7 0 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 23: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1. In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee’s immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. SBSPA MOU 2026-2029 14 1 1 4 7 0 C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees’ present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee’s current rate. D. Salary Decreases In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows: Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living adjustment. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of-living adjustment. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a CPI adjustment of not less than 1% and not more than 3%, as measured by the change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index). Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council. SBSPA Supervisor and Professional Classifications Grade Job Classifications 7 Accounting Technician 8 Recreation Specialist SBSPA MOU 2026-2029 15 1 1 4 7 0 Grade Job Classifications 9 Senior Building Technician 10 Executive Assistant 10 Senior Accounting Technician 12 Community Services Coordinator 13 Code Enforcement Officer 18 Building Inspector 20 Senior Code Enforcement Officer 24 Assistant Planner 28 Assistant Engineer 28 Associate Planner SBSPA Supervisory Classifications Grade Job Classifications 20 Fleet Maintenance Program Manager 20 Police Services Manager 25 Water Services Supervisor 25 Maintenance Services Supervisor 32 Senior Utilities Supervisor The parties agree to meet and confer no later than November 1, 2026, regarding implementation of the compensation study. The purpose of the meet and confer is to explore ways to bring positions up to the market median, taking into consideration operational needs and budgetary constraints. The parties agree that any changes to bargaining-unit position salaries as a result of this meet and confer process will be made by mutual agreement only. SECTION 24: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head’s recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed 1 year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave’s expiration and receipt of notice to return to duty shall be cause for discharge. SBSPA MOU 2026-2029 16 1 1 4 7 0 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first 3 months of military leave, the employee may continue said benefits at his cost. C. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. D. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employee’s “immediate family” as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee’s supervisor at the earliest possible date preceding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. E. Catastrophic Leave The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: SBSPA MOU 2026-2029 17 1 1 4 7 0 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition. SECTION 25: MISCELLANEOUS Layoff The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45-day period, the City will, upon request, meet and confer on the impact of the layoffs. Labor Management Committee The City and SBSPA shall form a Labor Management Committee during the term of this MOU. After formation, the Labor Management Committee shall meet quarterly. SECTION 26: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Officer shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 27: “ME-TOO” CLAUSE If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board salary increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall immediately be extended to Association members. SBSPA MOU 2026-2029 18 1 1 4 7 0 SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION A. New Employee Orientation 1. City will provide the Association with 10 calendar days advanced notice of all new employee orientations within the bargaining unit, unless it is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association or make other arrangements for the Association to meet with the new employee. The Association will select its representative to attend the orientations. When selecting its representative, the Association will make reasonable efforts to minimize disruption to the department’s operational needs. If, due to operational needs, no Association representative is available, the City and the Association will arrange an alternative time for the Association to meet with the new employee. 2. The Association will be provided up to 30 minutes at the end of the orientation to present membership information to the onboarding employee(s). Human Resources staff will not be present during the Association’s portion of the onboarding. Release time will be provided to the Association representative for this meeting. B. Employee Information 1. The City will provide the employee information it has on file in compliance with AB119 (name, job, title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address for all new hires within the bargaining unit within 30 days of hire. 2. In addition, the City will provide the SBSPA with a digital file containing the same information for all employees in SBSPA represented classifications upon request. SECTION 29: MAINTENANCE OF MEMBERSHIP Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City; provided however, that any employee in the unit may terminate such Association dues by notifying the Association in writing of his/her termination of membership in the Association. Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, and department name. The Association will notify the City’s Human Resources Department with the appropriate documentation to process any dues cancellations within ten (10) business days after receipt of the withdrawal. SECTION 30: TERM The Memorandum of Understanding shall remain in full force and effect from July 1, 2026, until midnight, June 30, 2029. SECTION 31: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have caused this Memorandum of Understanding to be executed on [TBD]. SBSPA MOU 2026-2029 19 1 1 4 7 0 EXECUTED SIGNATURE PAGE SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 1 Seal Beach Supervisors & Professionals Association (SBSPA) MEMORANDUM OF UNDERSTANDING REDLINE Resolution 7664 [TBD] ADOPTED: June 23, 2025 [TBD] EXPIRES: June 30, 2026 2029 Proposed Term: July 1, 2026 - June 30, 2029 SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 2 TABLE OF CONTENTS SECTION 1: RECOGNITION SECTION 2: CITY RIGHTS SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE SECTION 4: RETIREMENT HEALTH INSURANCE SECTION 5: SICK LEAVE SECTION 6: BEREAVEMENT LEAVE SECTION 7: VACATION TIME SECTION 8: HOLIDAYS SECTION 9: RETIREMENT SECTION 10: OVERTIME AND CALL OUT PAY SECTION 11: COMPENSATORY TIME OFF (CTO) SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS SECTION 13: SENIORITY BONUS SECTION 14: AUTOMOBILES AND MILEAGE SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE SECTION 15: ADMINISTRATIVE LEAVE SECTION 16: JURY DUTY SECTION 17: LIMITATIONS SECTION 18: DEFERRED COMPENSATION SECTION 19: BILINGUAL COMPENSATION SECTION 20: HEALTH WELLNESS PROGRAM SECTION 21: WORK SCHEDULE SECTION 22: TUITION REIMBURSEMENT SECTION 23: COMPENSATION PLAN SECTION 24: LEAVES OF ABSENCE SECTION 25: MISCELLANEOUS SECTION 26: APPEALS SECTION 27: “ME-TOO” CLAUSE SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION SECTION 29: MAINTENANCE OF MEMBERSHIP SECTION 30: TERM SECTION 31: RATIFICATION SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 2 SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the “City” and/or “Employer” and/or “Management” interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as “Association”. B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G 23.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives’ normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. D. City recognizes Association’s right to appoint or elect representatives to meet and confer with City’s management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. SECTION 2: CITY RIGHTS A. Rights/Responsibilities This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 4 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 5 contribution. For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City’s cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2025, the monthly flex dollar allowance shall be: Coverage Level Monthly Flex Dollar Allowance Employee only $1,292.91/month Employee and 1 dependent $1,997.96/month Employee and 2 or more dependents $2,583.76/month 4. A portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. Thus, for example, in calendar year 2025, an employee only monthly flex dollar allowance is $1,292.91; of that $1,292.91, $8 $158 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City’s cafeteria plan. 5. Every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City’s cafeteria plan are eligible to receive $350 $550 per month beginning July, 2026 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers’ Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee’s monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 6 of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City’s health insurance program at the employee’s expense. B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City’s contribution towards PEMHCA. C. On or after January 1st, 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum contribution. D. In all cases, the City’s contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. E. Sick leave balances may not be used to defer a disability retirement. SECTION 6: BEREAVEMENT LEAVE The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. “Immediate family” is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, foster child, child of domestic partner, a legal ward, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee. If 5 days of the employee’s regular work schedule exceeds 40 hours, the employee may take off work the number of hours in excess of 40 necessary to equal 5 days, without pay, but may use accrued leave time for those hours above 40. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 7 SECTION 7: VACATION TIME A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year. C. The vacation accrual schedule is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours 1 80 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3.6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 128 4.9230 128 12 136 5.2307 136 13 144 5.5384 144 14 152 5.8461 152 15 160 6.1538 160 D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee’s accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 8 of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. I. Not more than twice in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 100 hours of accrued and unused vacation time. I. An employee who has completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 200 hours per fiscal year, in no more than two payments; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. SECTION 8: HOLIDAYS A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Year’s Day January 1st Martin Luther King Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran’s Day November 11th Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th 2 Floating Holidays Discretion of employee Total of 13 holidays annually *Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 9 B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee’s regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee’s Friday off, Employee A would receive 8 hours of compensatory time off. Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or Thursday, Employee B would receive 9 hours of compensatory time off. Example #3: Employee normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee C would receive 10 hours of compensatory time off. D. An employee who is required to work on a holiday shall receive pay computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU SECTION 9: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employees’ Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Section 20965 Credit of Unused Sick Leave Section 21024 Military Service Credit B. Miscellaneous 1. The Miscellaneous employees shall pay the full 7% of their CalPERS required contribution of their compensation earnable. 2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members. 3. New employees/members hired on or after January 1, 2013 as defined by the Public Employees’ Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 10: OVERTIME AND CALL OUT PAY A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum “call out” time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 10 C. Overtime will be computed by dividing the employee’s regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 11: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued. SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee’s assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 13: SENIORITY LONGEVITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 14: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14-A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE A. Public Works Department Employees Employees in designated classifications working in the Public Works Department shall be entitled to uniform service. The Department Head will designate the uniform and the City will select the vendor. The designated uniform and vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services Supervisor, and Senior Utilities Supervisor. The City Manager, in his or her discretion, may add additional classifications or positions/assignments within classifications on recommendation of the Department Head. B. Safety Shoes The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services Supervisor, and Senior Utilities Supervisor with safety shoes, subject to a SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 11 maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these parameters, as solely determined by the City, from time to time. The Department Head may designate or change the designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other requirements, shoes must meet all applicable safety rules and regulations to be eligible. Employees may use any remaining funds from their annual safety shoe allowance to purchase shoe-related items, including shoe inserts, socks, and shoelaces. In addition, employees may purchase one (1) additional pair of safety shoes and/or shoe- related items, up to an additional $250 per calendar year, with prior written approval from the Department Director. C. Police Department Uniform Allowance Employees who work in the Police Department and are assigned to wear a uniform shall receive a $1,250 annual uniform allowance. New employees in the Police Department shall receive initial uniforms as determined by the Chief of Police. SECTION 15: ADMINISTRATIVE LEAVE A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year. C. B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 16: JURY DUTY See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty. SECTION 17: LIMITATIONS A. No employee who is receiving Workers’ Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month. SECTION 18: DEFERRED COMPENSATION The City shall contribute the amount of $40 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications. Effective the first full pay period on or after July 1, 2026, the City shall contribute $50 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications. SECTION 19: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 12 B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee’s proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 20: HEALTH WELLNESS PROGRAM A. Medical Maintenance & Wellness Program The City shall reimburse Employee, as a medical benefit, for Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager. SECTION 21: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. The parties shall establish a 4/10 working group to explore the merits of a 4/10 work schedule. A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m. and shall be closed to the public on Fridays. B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program shall automatically expire. at the end of the day immediately preceding the six-month anniversary of the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require City Council action. C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to maintain operational needs and ensure adequate service to the public. B. Holiday Closures - The City Manager may designate up to 5 specific holiday closure workdays in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off, charged to leave without pay, the employee’s accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 1½ times the employees’ basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows: Hours Pay Rate 4 hours work pay 1½ times the hourly rate, as applicable under the MOU 5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 13 D. Police Department employees are excluded from this provision. D. Police Department employees are excluded from the holiday-closure provisions in subsections B and C. SECTION 22: TUITION REIMBURSEMENT A. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. A. Higher Education Degree Programs - Employees attending accredited community colleges, universities or trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee’s course begins. D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, doctorate, or other terminal degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee’s current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement; however, such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 14 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 23: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1. In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee’s immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees’ present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee’s current rate. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 15 D. Salary Decreases In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows: First pay period starting on or after July 1, 2025 - Employees shall receive a 2.5% cost of living adjustment. Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living adjustment. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of-living adjustment. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a CPI adjustment of not less than 1% and not more than 3%, as measured by the change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index). Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council. The City shall make a one-time non-PERSable lump sum payment of $2,000 with the payroll for the pay period starting after ratification of this MOU by the City Council, to current employees employed by the City on the payment date. SBSPA Supervisor and Professional Classifications Grade Job Classifications 7 Accounting Technician 8 Recreation Specialist* Account Clerk 9 Senior Building Technician 10 Executive Assistant 10 Senior Accounting Technician 12 Community Services Coordinator SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 16 Grade Job Classifications 13 Code Enforcement Officer 18 Building Inspector 20 Senior Code Enforcement Officer 24 Assistant Planner 28 Assistant Engineer 28 Associate Planner SBSPA Supervisory Classifications Grade Job Classifications 20 Fleet Maintenance Program Manager 20 Police Services Manager 25 Water Services Supervisor 25 Maintenance Services Supervisor 32 Senior Utilities Supervisor The City will conduct a class and compensation study for SBSPA classifications, to be completed in or before March 2026. The City shall have no obligation to take any action regarding employee compensation or classification due to the information contained in the classification and compensation study. The parties agree to meet and confer no later than November 1, 2026, regarding implementation of the compensation study. The purpose of the meet and confer is to explore ways to bring positions up to the market median, taking into consideration operational needs and budgetary constraints. The parties agree that any changes to bargaining-unit position salaries as a result of this meet and confer process will be made by mutual agreement only. SECTION 24: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head’s recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed 1 year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave’s expiration and receipt of notice to return to duty shall be cause for discharge. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 17 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee’s disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first 3 months of military leave, the employee may continue said benefits at his cost. C. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. D. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employee’s “immediate family” as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee’s supervisor at the earliest possible date preceding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. E. Catastrophic Leave The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 18 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s condition. SECTION 25: MISCELLANEOUS Layoff The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45-day period, the City will, upon request, meet and confer on the impact of the layoffs. Labor Management Committee The City and SBSPA shall form a Labor Management Committee during the term of this MOU. After formation, the Labor Management Committee shall meet quarterly. SECTION 26: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Officer shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 27: “ME-TOO” CLAUSE If, during the term of this agreement, any represented bargaining unit receives an annual across-the-board salary increase (as a percentage of pay) which is greater than that received by the Association, that greater increase shall immediately be extended to Association members. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 19 SECTION 28: NEW EMPLOYEE ORIENTATION/EMPLOYEE INFORMATION A. New Employee Orientation 1. City will provide the Association with 10 calendar days advanced notice of all new employee orientations within the bargaining unit, unless it is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association or make other arrangements for the Association to meet with the new employee. The Association will select its representative to attend the orientations. When selecting its representative, the Association will make reasonable efforts to minimize disruption to the department’s operational needs. If, due to operational needs, no Association representative is available, the City and the Association will arrange an alternative time for the Association to meet with the new employee. 2. The Association will be provided up to 30 minutes at the end of the orientation during the end of the orientation to present membership information to the onboarding employee(s). Human Resources staff will not be present during the Association’s portion of the onboarding. Release time will be provided to the Association representative for this meeting. B. Employee Information 1. The City will provide the employee information it has on file in compliance with AB119 (name, job, title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address for all new hires within the bargaining unit within 30 days of hire. 2. In addition, the City will provide the SBSPA with a digital file containing the same information for all employees in SBSPA represented classifications upon request. SECTION 29: MAINTENANCE OF MEMBERSHIP Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City; provided however, that any employee in the unit may terminate such Association dues by notifying the Association in writing of his/her termination of membership in the Association. Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, and department name. The Association will notify the City’s Human Resources Department with the appropriate documentation to process any dues cancellations within ten (10) business days after receipt of the withdrawal. SECTION 30: TERM The Memorandum of Understanding shall remain in full force and effect from July 1, 2025, until midnight, June 30, 2026. The Memorandum of Understanding shall remain in full force and effect from July 1, 2026, until midnight, June 30, 2029. SECTION 31: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 20 IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 23rd day of June 2025. IN WITNESS HEREOF, the parties have caused this Memorandum of Understanding to be executed on [TBD]. SBSPA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 21 EXECUTED SIGNATURE PAGE CITY OF SEAL BEACH | MMCEA MOU Page 1 1 1 4 7 2 CITY OF SEAL BEACH MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING Resolution 7817 ADOPTED: September 14, 2026 EXPIRES: June 30, 2029 Term: July 1, 2026 - June 30, 2029 CITY OF SEAL BEACH | MMCEA MOU Page 2 TABLE OF CONTENTS 1 Recognition 2 Non-Discrimination 3 Health Insurance Coverage; Life & Disability Insurance 4 Retiree Health Insurance 5 Sick Leave 6 Leaves of Absence 7 Vacation 8 Holidays 9 Retirement System 10 Provisional Appointments 11 Longevity Bonus 12 Automobiles and Mileage 13 Jury Duty 14 Administrative Leave 15 Limitations 16 Deferred Compensation 17 Bilingual Compensation 18 Health Wellness Program 19 Work Schedule 20 Salaries 21 Tuition Reimbursement 22 Other Applicable Rules 23 Layoffs 24 Existing Conditions of Employment 25 Me-Too Clause 26 Working Group 27 Term 28 Ratification CITY OF SEAL BEACH | MMCEA MOU Page 3 1 1 4 7 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION SECTION 1: RECOGNITION The City of Seal Beach (hereafter "City") has recognized the Seal Beach Mid-Management and Confidential Employees Association (hereafter "Association") as the exclusive representative of the employees in the Mid- Management and Confidential bargaining unit. SECTION 2: NON-DISCRIMINATION A. The parties mutually recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities in accordance with the Employee Relations Ordinance and Government Code sections 3500 and 3511 and agree not to retaliate against employees. B. The Association and the City agree not to discriminate against any employee or potential employee on the basis of race, sex, religion, color, national origin, ancestry, age, disability, gender, or sexual orientation. SECTION 3: HEALTH INSURANCE COVERAGE; LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance applicable to the employee's coverage tier, as adjusted under subsection 5. 4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA. The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan. 5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect immediately before that date shall be increased by the average percentage increase for CalPERS basic plans for the applicable coverage year. 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods of each month. 7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS for the applicable calendar year. 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan are eligible to receive $550 per month upon showing proof of medical insurance coverage under an alternative plan. Election forms are available in Human Resources. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. CITY OF SEAL BEACH | MMCEA MOU Page 4 10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month. 11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not be eligible for participation in the full-flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance 1. All employees incumbent in position classifications listed in Section 20 shall receive a $50,000 term life insurance policy paid by the City. 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service, with the employee to be enrolled in the program on the first day of the next succeeding month. C. Income Continuation 1. All employees incumbent in position classifications listed in Section 20 shall receive an income continuation policy providing 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is less. 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service, with the employee to be enrolled in the program on the first day of the next succeeding month. 3. Income continuation shall commence on the 31st day of sickness or other bona fide absence, or upon expiration of sick leave, whichever occurs later, and shall continue while the employee is absent from work for a period up to age 65. SECTION 4: RETIREE HEALTH INSURANCE A. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Mid-Management and Confidential classifications who were hired before January 1, 2008 by the City, and who retire after December 31, 2009 with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If an employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the two lowest-cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the two lowest-cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. C. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution toward health coverage under CalPERS, as determined by CalPERS from time to time. D. An employee with a service retirement who is eligible to receive retiree medical insurance under Section 4, subsections B and C, may also receive an increase to the medical insurance cap in effect at the time of retirement, not to exceed $175 per month in additional contributions, until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in medical insurance plans over the term of the employee's retirement. CITY OF SEAL BEACH | MMCEA MOU Page 5 1 1 4 7 2 E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate upon the death of the retiree. F. If an eligible retired employee resides in an area where the medical plans provided by the City are not in effect, the retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution in effect at the time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this Agreement shall accrue sick leave at the rate of one day per month (eight hours). The maximum accrual of sick leave shall be 520 hours. B. Existing sick leave balances that have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances that have not been converted to leave time will be paid upon termination at 25% of the employee's base rate of pay. D. Employees who are on authorized leaves of absence without pay shall not accrue sick leave during such leaves of absence. SECTION 6: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interests of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held when the leave was granted. Failure to report promptly at the leave's expiration and upon receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except that the employee shall receive the monthly flex dollar allowance and the City, as specifically provided in this Agreement, shall contribute to the employee's disability insurance and life insurance plans for the first 30 days of leave. B. Bereavement Leave The City agrees to provide 40 hours of bereavement leave with pay for a death in the immediate family. Bereavement leave shall not be charged to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, stepmother, stepfather, stepchild, foster child, child of domestic partner, legal ward, mother-in- law, father-in-law, domestic partner-in-law, or dependent relative living with the employee. If five days of the employee's regular work schedule exceeds 40 hours, the employee may take the hours in excess of 40 needed to equal five days without pay, but may use accrued leave for those hours. C. Military Leave of Absence 1. Military leave shall be granted in accordance with federal and state law. Employees entitled to military leave shall give the Department Head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Whenever possible, the employee shall notify the Department Head of the leave request 10 working days before the leave begins. CITY OF SEAL BEACH | MMCEA MOU Page 6 2. In addition to the provisions of state law, the City shall continue to provide eligible employees on military leave the monthly flex dollar allowance under the cafeteria plan, disability and life insurance, and retirement, if applicable, for the first three months of military leave. During that period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance, if applicable. 3. After the first three months of military leave, the employee may continue such benefits at the employee's cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted pregnancy disability leave as provided by California law and the federal Family and Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take paid or unpaid leave to care for a newborn infant, whether through birth or adoption, or to care for a seriously ill or injured member of the employee's "immediate family" as defined in Section 6.B. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with state and federal family leave laws. 4. In the event of an extended family leave, the employee may be required to report periodically on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager, consistent with state and federal family leave laws. F. Catastrophic Leave The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off credits on an hour-for-hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or an immediate family member. Sick leave is excluded from this program. The following conditions apply: 1. Catastrophic leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular, full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving long-term disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are confidential between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization specifying the employee who will receive the donation. 8. Donations will be subject to applicable tax laws. CITY OF SEAL BEACH | MMCEA MOU Page 7 1 1 4 7 2 9. The availability of catastrophic leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic leave due to illness or injury of an immediate family member may require medical justification, as evidenced by a physician's statement that the employee's presence is necessary. 11. Catastrophic leave due to the employee's illness or injury may require medical justification, as evidenced by a physician's statement regarding the employee's condition. SECTION 7: VACATION A. All Mid-Management and Confidential employees who have passed the employee probationary period, as defined in Personnel Rules and Regulations Section 6.01, shall receive 80 hours of vacation with pay each year. B. All Mid-Management and Confidential employees who have at least three years of continuous service shall be entitled to eight additional hours of vacation for each year of full-time continuous service in excess of three years. The vacation accrual schedule is as follows: Years of Service Vacation Hours Earned Vacation Hours Accrued per Biweekly Pay Period Annual Vacation Hours Maximum Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 C. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or pay during such leaves. D. Employees are encouraged to use vacation time, and the City will make reasonable efforts to allow employees to do so. Employees credited with vacation in excess of the maximum accrual are expected to use a portion of the excess each year, in addition to other vacation, until the bank is reduced to the maximum. The City recognizes that long-term employees may have substantially more accrued leave and may need longer to reach the maximum. This section is intended to balance the employee's personal interests with the City's financial concerns; progress toward the maximum accrual may be deemed a success. E. Vacation leave shall not be approved until earned unless prior special arrangements have been made with the City Manager. Vacation must be requested before the leave begins and is subject to prior approval by the Department Head or designee after consideration of workload and staffing, including previously approved vacations, sick leave, and vacancies. F. An employee who has completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 240 hours per fiscal year, in no more than two payments; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. CITY OF SEAL BEACH | MMCEA MOU Page 8 SECTION 8: HOLIDAYS A. All employees incumbent in position classifications listed in Section 20 shall be granted the following holidays with pay: Holiday Date New Year's Day January 1 Martin Luther King Jr. Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Calendar day following Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 Two floating holidays At employee's discretion; must be used during fiscal year B. Holiday Closures. The City Manager may designate up to five specific workdays in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, accumulated compensatory time, vacation, floating holidays, or a combination selected by the employee. The days must be consecutive for the employee but may differ among employees. Employees without sufficient accumulated leave may request and will be granted an advance of vacation sufficient to cover the balance, to be recovered with the next vacation accruals earned by the employee. Time off under this provision shall not be deemed a layoff. C. Vacation Election. When a City-paid holiday falls on a full-time employee's regularly scheduled day off, the employee may elect in writing to accrue vacation in the amount of a full regular shift. SECTION 9: RETIREMENT SYSTEM A. The retirement program provided by the City shall consist of a pooled California Public Employees' Retirement System (CalPERS) plan that includes Section 20042 (one-year final compensation), Section 20965 (credit for unused sick leave), and Section 21024 (military service credit). B. Mid-Management and Confidential employees shall pay the full 7% employee CalPERS contribution from compensation earnable. C. Effective November 1, 1995, the City shall include CalPERS Section 21354, 2% at age 55 for miscellaneous members, except for new employees/members hired on or after January 1, 2013 who are subject to subsection D below. D. New employees/members hired on or after January 1, 2013, as defined by the Public Employees' Pension Reform Act (PEPRA), will be hired at the retirement formula required by PEPRA and other applicable legislation. SECTION 10: PROVISIONAL APPOINTMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours. Thereafter, the employee shall be paid at the step in the new position's salary range that is next higher than the salary received before the provisional appointment. The additional pay will be retroactive to the start date of the higher-classification assignment. CITY OF SEAL BEACH | MMCEA MOU Page 9 1 1 4 7 2 B. When necessary and in the City's best interest, the City Manager may provisionally assign an employee to a higher level of duty and responsibility not otherwise part of an adopted classification. The employee must perform the higher-level duties for 80 consecutive working hours. Thereafter, the employee shall receive 5% additional compensation retroactive to the first day of the assignment, provided the assignment was authorized by the City Manager. SECTION 11: LONGEVITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of employment. Sworn police personnel are exempt from this section. Employees who have achieved 20 years of uninterrupted employment with the City shall receive an additional 2.5% increase in base salary, above the previously described 5% increase at 10 years, effective on the 20th anniversary of employment. SECTION 12: AUTOMOBILES AND MILEAGE A. Employees covered by this Agreement who use privately owned automobiles for City business on a nonregular basis shall be reimbursed at the mileage rate established by the Internal Revenue Service. B. The Deputy Director of Public Works / Maintenance & Utilities will have use of a City vehicle. SECTION 13: JURY DUTY See Personnel Rules and Regulations (Resolution 5446), Section 10.06(C), for rules on jury duty. SECTION 14: ADMINISTRATIVE LEAVE Effective the first payroll period in July 2026, and every July 1 thereafter: A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to 50 hours of administrative leave each fiscal year. B. Administrative leave may not be carried forward to succeeding years and may not be converted to cash. SECTION 15: LIMITATIONS A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits, except life insurance, stated in this MOU. B. The City shall not be required to make monthly premium payments for any insurance benefit listed in this MOU, or pay uniform allowance, supplemental pay of any type, or any bonus, for an employee who has been absent without authorization during an entire calendar month or is on leave of absence without pay. SECTION 16: DEFERRED COMPENSATION The City shall contribute the equivalent of 3.5% of base salary per payroll period into a deferred compensation program for each employee in the Mid-Management and Confidential position classifications. SECTION 17: BILINGUAL COMPENSATION A. Upon the recommendation of a Department Director, the City Manager may award bilingual compensation of $52.50 per payroll period to employees in positions determined to require bilingual skills. B. The City Manager shall require competency testing to certify an employee's proficiency in the required language. Certification is a condition precedent to qualifying for bilingual pay. CITY OF SEAL BEACH | MMCEA MOU Page 10 SECTION 18: HEALTH WELLNESS PROGRAM The City shall reimburse an employee, as a medical benefit, for actual documented expenses for medical maintenance examinations or participation in wellness programs, in an amount not to exceed $500 per fiscal year, subject to the City's normal reimbursement processes and requirements for such expenses. Reimbursable expenses include, but are not limited to, out-of-pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight-loss, smoking-cessation, fitness, or similar programs, or membership in a health or fitness club. Reimbursements are subject to review and approval by the City Manager or designee. SECTION 19: WORK SCHEDULE A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m. and shall be closed to the public on Fridays. B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program shall automatically expire at the end of the day immediately preceding the six-month anniversary of the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require City Council action. C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to maintain operational needs and ensure adequate service to the public. SECTION 20: SALARIES A. Mid-Management position classifications: Grade Job Classification 52 Deputy Director of Public Works / City Engineer 51 Deputy Director of Finance 46 Deputy Director of Community Services 42 Senior Engineer 40 Deputy Director of Public Works / Maintenance & Utilities 38 Building Official 36 Human Resources Manager 36 IT Manager 36 34 Planning Manager Public Works Superintendent 30 Senior Planner 26 Financial Analyst 26 Management Analyst 25 Accountant 16 Deputy City Clerk Confidential classifications: Grade 20 - Human Resources Specialist; Grade 10 - Executive Assistant – To The CM. B. The parties agree to meet and confer no later than November 1, 2026 regarding implementation of the compensation study. The purpose of the meet and confer is to explore ways to bring positions up the market median identified in the LCW Total Compensation Survey, taking into consideration operational needs and budgetary constraints. Any salary changes for bargaining-unit positions resulting from this meet-and-confer process shall be made only by mutual agreement. CITY OF SEAL BEACH | MMCEA MOU Page 11 1 1 4 7 2 C. The salary schedule for each affected position classification is determined and established upon adoption by the City Council. Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living adjustment. D. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost-of- living adjustment. E. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a cost-of-living adjustment equal to the percentage change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index (CPI-U), not seasonally adjusted, for the 12 months ending in April 2028 (April 2027 through April 2028), with a minimum adjustment of 1% and a maximum adjustment of 3%. F. Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council. SECTION 21: TUITION REIMBURSEMENT A. Higher Education Degree Programs - Employees attending accredited community colleges, universities and trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee’s course begins. D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, or doctorate degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee’s current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement; however, such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. CITY OF SEAL BEACH | MMCEA MOU Page 12 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 22: OTHER APPLICABLE RULES The City agrees to abide by all otherwise applicable state and federal laws, including but not limited to the Family and Medical Leave Act, Americans with Disabilities Act, California Family Rights Act, Fair Labor Standards Act, and the meet-and-confer obligations of the Meyers-Milias-Brown Act, as well as the City's Personnel Rules. Such laws and rules are incorporated herein. SECTION 23: LAYOFFS The City shall give the Association 45 days' prior notice before the effective date of any layoffs. SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT The parties agree and understand that all existing benefits and terms and conditions of employment within the lawful scope of the meet-and-confer process will not be reduced and shall remain in full force and effect during the term of this MOU. SECTION 25: ME-TOO CLAUSE If, during the term of this Agreement, any represented bargaining unit receives an annual across-the-board wage increase, as a percentage of pay, greater than that received by the Association, the greater increase shall immediately be extended to Association members. SECTION 26: WORKING GROUP The parties agree to form a working group to discuss drafting new grievance procedures that, if adopted by the City Council, will amend the City's current Personnel Rules. SECTION 27: TERM This Memorandum of Understanding shall remain in full force and effect from July 1, 2026 through June 30, 2029. CITY OF SEAL BEACH | MMCEA MOU Page 13 1 1 4 7 2 SECTION 28: RATIFICATION This MOU is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following approval and adoption, the MOU shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this _____ day of __________ 2026. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 1 CITY OF SEAL BEACH MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING July 1, 2026 - June 30, 2029 REDLINE Prepared August 21, 2026 CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 2 TABLE OF CONTENTS 1 Recognition 2 Non-Discrimination 3 Health Insurance Coverage; Life & Disability Insurance 4 Retiree Health Insurance 5 Sick Leave 6 Leaves of Absence 7 Vacation 8 Holidays 9 Retirement System 10 Provisional Appointments 11 Seniority Longevity Bonus 12 Automobiles and Mileage 13 Jury Duty 14 Administrative Leave 15 Limitations 16 Deferred Compensation 17 Bilingual Compensation 18 Health Wellness Program 19 Work Schedule 20 Salaries 21 Tuition Reimbursement 22 Other Applicable Rules 23 Layoffs 24 Existing Conditions of Employment 25 Me-Too Clause 26 Working Group 27 Term 28 Ratification CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION SECTION 1: RECOGNITION The City of Seal Beach (hereafter "City") has recognized the Seal Beach Mid-Management and Confidential Employees Association (hereafter "Association") as the exclusive representative of the employees in the Mid- Management and Confidential bargaining unit. SECTION 2: NON-DISCRIMINATION A. The parties mutually recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities in accordance with the Employee Relations Ordinance and Government Code sections 3500 and 3511 and agree not to retaliate against employees. B. The Association and the City agree not to discriminate against any employee or potential employee on the basis of race, sex, religion, color, national origin, ancestry, age, disability, gender, or sexual orientation. SECTION 3: HEALTH INSURANCE COVERAGE; LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2025, the monthly flex dollar allowance shall be: Each eligible employee shall receive the monthly flex dollar allowance applicable to the employee's coverage tier, as adjusted under subsection 5. Coverage Level Monthly Allowance Employee only $1,292.91 Employee plus one dependent $1,997.96 Employee plus two or more dependents $2,583.76 4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA. Thus, for example, in calendar year 2024 a single employee's monthly flex dollar allowance is $1,292.91; of that amount, $158 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan. 5. Every January 1 during the term of this Agreement, the City shall increase the contribution amounts above by the average percentage increase for basic plans published by CalPERS, which sets health insurance premiums for the coverage year. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect immediately before that date shall be increased by the average percentage increase for CalPERS basic plans for the applicable coverage year. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 4 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods of each month. 7. Beginning January 2020, the minimum employer contribution for participating in PEMHCA will be adjusted annually to reflect any change in the health care component of the Consumer Price Index. Effective January 1, 2025, the minimum employer contribution is $158 per month per employee/retiree. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS for the applicable calendar year. 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan are eligible to receive $350 550 per month upon showing proof of medical insurance coverage under an alternative plan. Election forms are available in Human Resources. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month. 11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not be eligible for participation in the full-flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance 1. All employees incumbent in position classifications listed in Section 18 20 shall receive a $50,000 term life insurance policy paid by the City. 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service, with the employee to be enrolled in the program on the first day of the next succeeding month. C. Income Continuation 1. All employees incumbent in position classifications listed in Section 18 20 shall receive an income continuation policy providing 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is less. 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service, with the employee to be enrolled in the program on the first day of the next succeeding month. 3. Income continuation shall commence on the 31st day of sickness or other bona fide absence, or upon expiration of sick leave, whichever occurs later, and shall continue while the employee is absent from work for a period up to age 65. SECTION 4: RETIREE HEALTH INSURANCE A. Employees covered by this Agreement shall have the option, upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Mid-Management and Confidential classifications who were hired before January 1, 2008 by the City, and who retire after December 31, 2009 with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If an employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the two lowest-cost medical care CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 5 plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the two lowest-cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. C. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution toward health coverage under CalPERS, as determined by CalPERS from time to time. D. An employee with a service retirement who is eligible to receive retiree medical insurance under Section 3 4, subsections B and C, may also receive an increase to the medical insurance cap in effect at the time of retirement, not to exceed $175 per month in additional contributions, until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in medical insurance plans over the term of the employee's retirement. E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate upon the death of the retiree. F. If an eligible retired employee resides in an area where the medical plans provided by the City are not in effect, the retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution in effect at the time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this Agreement shall accrue sick leave at the rate of one day per month (eight hours). The maximum accrual of sick leave shall be 520 hours. B. Existing sick leave balances that have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances that have not been converted to leave time will be paid upon termination at 25% of the employee's base rate of pay. D. Employees who are on authorized leaves of absence without pay shall not accrue sick leave during such leaves of absence. SECTION 6: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of emergency or where such absence would not be contrary to the best interests of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held when the leave was granted. Failure to report promptly at the leave's expiration and upon receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except that the employee shall receive the monthly flex dollar allowance and the City, as specifically provided in this Agreement, shall contribute to the employee's disability insurance and life insurance plans for the first 30 days of leave. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 6 B. Bereavement Leave The City agrees to provide 40 hours of bereavement leave with pay for a death in the immediate family. Bereavement leave shall not be charged to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, stepmother, stepfather, stepchild, foster child, child of domestic partner, legal ward, mother-in- law, father-in-law, domestic partner-in-law, or dependent relative living with the employee. If five days of the employee's regular work schedule exceeds 40 hours, the employee may take the hours in excess of 40 needed to equal five days without pay, but may use accrued leave for those hours. C. Military Leave of Absence 1. Military leave shall be granted in accordance with federal and state law. Employees entitled to military leave shall give the Department Head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Whenever possible, the employee shall notify the Department Head of the leave request 10 working days before the leave begins. 2. In addition to the provisions of state law, the City shall continue to provide eligible employees on military leave the monthly flex dollar allowance under the cafeteria plan, disability and life insurance, and retirement, if applicable, for the first three months of military leave. During that period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance, if applicable. 3. After the first three months of military leave, the employee may continue such benefits at the employee's cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted pregnancy disability leave as provided by California law and the federal Family and Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take paid or unpaid leave to care for a newborn infant, whether through birth or adoption, or to care for a seriously ill or injured member of the employee's "immediate family" as defined in Section 5-B 6.B. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with state and federal family leave laws. 4. In the event of an extended family leave, the employee may be required to report periodically on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager, consistent with state and federal family leave laws. F. Catastrophic Leave The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off credits on an hour-for-hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or an immediate family member. Sick leave is excluded from this program. The following conditions apply: CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 7 1. Catastrophic leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular, full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving long-term disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are confidential between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization specifying the employee who will receive the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of catastrophic leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic leave due to illness or injury of an immediate family member may require medical justification, as evidenced by a physician's statement that the employee's presence is necessary. 11. Catastrophic leave due to the employee's illness or injury may require medical justification, as evidenced by a physician's statement regarding the employee's condition. SECTION 7: VACATION A. All Mid-Management and Confidential employees who have passed the employee probationary period, as defined in Personnel Rules and Regulations Section 6.01, shall receive 80 hours of vacation with pay each year. B. All Mid-Management and Confidential employees who have at least three years of continuous service shall be entitled to eight additional hours of vacation for each year of full-time continuous service in excess of three years. The vacation accrual schedule is as follows: Years of Service Vacation Hours Earned Vacation Hours Accrued per Biweekly Pay Period Annual Vacation Hours Maximum Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 D. C. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or pay during such leaves. E. D. Employees are encouraged to use vacation time, and the City will make reasonable efforts to allow employees to do so. Employees credited with vacation in excess of the maximum accrual are expected to use a portion of the excess each year, in addition to other vacation, until the bank is reduced to the maximum. The City recognizes that long-term employees may have substantially more accrued leave and may need CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 8 longer to reach the maximum. This section is intended to balance the employee's personal interests with the City's financial concerns; progress toward the maximum accrual may be deemed a success. F. E. Vacation leave shall not be approved until earned unless prior special arrangements have been made with the City Manager. Vacation must be requested before the leave begins and is subject to prior approval by the Department Head or designee after consideration of workload and staffing, including previously approved vacations, sick leave, and vacancies. G. Not more than once in each fiscal year, an employee may, upon timely written request, receive cash compensation for up to 120 hours of accrued and unused vacation time, subject to the City's normal accrual and cash-out policies and procedures. Beginning with the 2023-2024 fiscal year, not more than twice in each fiscal year, an employee who has completed at least one year of continuous service shall, upon request, receive compensation for up to 120 hours of accrued and unused vacation time. The parties agree to reopen negotiations during 2024 to replace the current cash-out procedure with an irrevocable-election model. G. F. An employee who has completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 240 hours per fiscal year, in no more than two payments; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. SECTION 8: HOLIDAYS A. All employees incumbent in position classifications listed in Section 18 20 shall be granted the following holidays with pay: Holiday Date New Year's Day January 1 Martin Luther King Jr. Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Calendar day following Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 Two floating holidays At employee's discretion; must be used during fiscal year B. Holiday Closures. The City Manager may designate up to five specific workdays in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, accumulated compensatory time, vacation, floating holidays, or a combination selected by the employee. The days must be consecutive for the employee but may differ among employees. Employees without sufficient accumulated leave may request and will be granted an advance of vacation sufficient to cover the balance, to be recovered with the next vacation accruals earned by the employee. Time off under this provision shall not be deemed a layoff. C. Vacation Election. When a City-paid holiday falls on a full-time employee's regularly scheduled day off, the employee may elect in writing to accrue vacation in the amount of a full regular shift or receive an equivalent amount as holiday pay. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 9 SECTION 9: RETIREMENT SYSTEM A. The retirement program provided by the City shall consist of a pooled California Public Employees' Retirement System (CalPERS) plan that includes Section 20042 (one-year final compensation), Section 20965 (credit for unused sick leave), and Section 21024 (military service credit). B. Mid-Management and Confidential employees shall pay the full 7% employee CalPERS contribution from compensation earnable. C. Effective November 1, 1995, the City shall include CalPERS Section 21354, 2% at age 55 for miscellaneous members, except for new employees/members hired on or after January 1, 2013 who are subject to subsection D below. D. New employees/members hired on or after January 1, 2013, as defined by the Public Employees' Pension Reform Act (PEPRA), will be hired at the retirement formula required by PEPRA and other applicable legislation. SECTION 10: PROVISIONAL APPOINTMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours. Thereafter, the employee shall be paid at the step in the new position's salary range that is next higher than the salary received before the provisional appointment. The additional pay will be retroactive to the start date of the higher-classification assignment. B. When necessary and in the City's best interest, the City Manager may provisionally assign an employee to a higher level of duty and responsibility not otherwise part of an adopted classification. The employee must perform the higher-level duties for 80 consecutive working hours. Thereafter, the employee shall receive 5% additional compensation retroactive to the first day of the assignment, provided the assignment was authorized by the City Manager. SECTION 11: SENIORITY LONGEVITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of employment. Sworn police personnel are exempt from this section. Employees who have achieved 20 years of uninterrupted employment with the City shall receive an additional 2.5% increase in base salary, above the previously described 5% increase at 10 years, effective on the 20th anniversary of employment. SECTION 12: AUTOMOBILES AND MILEAGE A. Employees covered by this Agreement who use privately owned automobiles for City business on a nonregular basis shall be reimbursed at the mileage rate established by the Internal Revenue Service. B. The Deputy Director of Public Works / Maintenance & Utilities will have use of a City vehicle. SECTION 13: JURY DUTY See Personnel Rules and Regulations (Resolution 5446), Section 10.06(C), for rules on jury duty. SECTION 14: ADMINISTRATIVE LEAVE Effective the first payroll period in July 2026, and every July 1 thereafter: CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 10 A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to 40 50 hours of administrative leave each fiscal year. B. Administrative leave may not be carried forward to succeeding years and may not be converted to cash. SECTION 15: LIMITATIONS A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits, except life insurance, stated in this MOU. B. The City shall not be required to make monthly premium payments for any insurance benefit listed in this MOU, or pay uniform allowance, supplemental pay of any type, or any bonus, for an employee who has been absent without authorization during an entire calendar month or is on leave of absence without pay. SECTION 16: DEFERRED COMPENSATION The City shall contribute the equivalent of 3.5% of base salary per payroll period into a deferred compensation program for each employee in the Mid-Management and Confidential position classifications. SECTION 17: BILINGUAL COMPENSATION A. Upon the recommendation of a Department Director, the City Manager may award bilingual compensation of $52.50 per payroll period to employees in positions determined to require bilingual skills. B. The City Manager shall require competency testing to certify an employee's proficiency in the required language. Certification is a condition precedent to qualifying for bilingual pay. SECTION 18: HEALTH WELLNESS PROGRAM The City shall reimburse an employee, as a medical benefit, for actual documented expenses for medical maintenance examinations or participation in wellness programs, in an amount not to exceed $500 per fiscal year, subject to the City's normal reimbursement processes and requirements such expenses for such expenses. Reimbursable expenses include, but are not limited to, out-of-pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight-loss, smoking-cessation, fitness, or similar programs, or membership in a health or fitness club. Reimbursements are subject to review and approval by the City Manager or designee. SECTION 19: WORK SCHEDULE At the discretion of the City Manager, work schedules may be altered as needed to meet the service-demand levels of the residents of the City of Seal Beach. During 2024, the parties shall establish a 4/10 working group to explore the merits of a 4/10 work schedule. A. The City shall implement a 4/10 work schedule as a pilot program beginning on a date designated by the City. During the pilot program, City Hall shall be open to the public Monday through Thursday from 7:30 a.m. to 5:30 p.m. and shall be closed to the public on Fridays. B. The City Council may discontinue the pilot program at any time. Unless discontinued earlier, the pilot program shall automatically expire at the end of the day immediately preceding the six-month anniversary of the implementation date. Any continuation or renewal of the 4/10 work schedule beyond the pilot period shall require City Council action. C. Department Heads shall retain discretion to assign employee schedules and staffing levels as necessary to maintain operational needs and ensure adequate service to the public. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 11 SECTION 20: SALARIES A. Mid-Management position classifications: Grade Job Classification 47 52 Deputy Director of Public Works/City Engineer Deputy Director of Public Works / City Engineer 36 51 Finance Manager Deputy Director of Finance 36 46 Recreation Manager Deputy Director of Community Services 36 42 Associate Engineer Senior Engineer 39 40 Deputy Director of Public Works / Maintenance & Utilities 38 Building Official 36 Human Resources Manager 36 IT Manager 36 34 Planning Manager Public Works Superintendent 36 30 Senior Planner 26 Financial Analyst 26 Management Analyst 25 Accountant 20 Human Resources Specialist 18 16 Deputy City Clerk Confidential classification: Confidential classifications: Grade 20 - Human Resources Specialist; City Manager's Executive Assistant (Confidential) Grade 10 - Executive Assistant – To The CM. The City will conduct a class and compensation study for MMCEA classifications, to be completed in or before April 2026. The City shall have no obligation to take any action regarding employee compensation or classification due to the information contained in the classification and compensation study. B. The parties agree to meet and confer no later than November 1, 2026 regarding implementation of the compensation study. The purpose of the meet and confer is to explore ways to bring positions up the market median identified in the LCW Total Compensation Survey, taking into consideration operational needs and budgetary constraints. Any salary changes for bargaining-unit positions resulting from this meet-and-confer process shall be made only by mutual agreement. The salary schedule for each affected position classification is established upon adoption by the City Council. Effective the first pay period starting on or after July 1, 2025, employees shall receive a 2.5% cost- of-living adjustment. The City shall make a one-time, non-PERSable lump-sum payment of $2,000 with the payroll for the pay period starting after City Council ratification of the 2025 MOU to employees employed by the City on the payment date. C. The salary schedule for each affected position classification is determined and established upon adoption by the City Council. Effective the first full pay period starting on or after July 1, 2026, employees shall receive a 3% cost-of-living adjustment. D. Effective the first full pay period starting on or after July 1, 2027, employees shall receive a 2.5% cost- of-living adjustment. E. Effective the first full pay period starting on or after July 1, 2028, employees shall receive a cost-of-living adjustment equal to the percentage change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index (CPI-U), not seasonally adjusted, for the 12 months ending in April 2028 (April 2027 through April 2028), with a minimum adjustment of 1% and a maximum adjustment of 3%. F. Wage increases provided under this Agreement shall be made retroactive to the first full pay period starting on or after July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 12 SECTION 21: TUITION REIMBURSEMENT A. Higher Education Degree Programs. Mid-Management and Confidential employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher- education degree may apply for reimbursement of tuition, books, student fees, and parking. Reimbursement is capped each calendar year at the tuition rate of the California State University system for up to two semesters of full-time undergraduate enrollment. B. Reimbursement is contingent upon successful completion of the course. Successful completion means a grade of C or better for undergraduate courses and B or better for graduate courses. All claims require prior approval and are subject to verification and approval by the City Manager. A. Higher Education Degree Programs - Employees attending accredited community colleges, universities and trade schools for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees, and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of “C” or better for undergraduate courses and a grade of “B” or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) year of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee’s course begins. D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor’s, or master’s degree. Tuition assistance shall not be available for coursework leading to a doctoral, or doctorate degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee’s current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement; however, such discretion will not be exercised in an arbitrary or discriminatory manner. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after the effective date of this Agreement who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 13 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 22: OTHER APPLICABLE RULES The City agrees to abide by all otherwise applicable state and federal laws, including but not limited to the Family and Medical Leave Act, Americans with Disabilities Act, California Family Rights Act, Fair Labor Standards Act, and the meet-and-confer obligations of the Meyers-Milias-Brown Act, as well as the City's Personnel Rules. Such laws and rules are incorporated herein. SECTION 23: LAYOFFS The City shall give the Association 45 days' prior notice before the effective date of any layoffs. SECTION 24: EXISTING CONDITIONS OF EMPLOYMENT The parties agree and understand that all existing benefits and terms and conditions of employment within the lawful scope of the meet-and-confer process will not be reduced and shall remain in full force and effect during the term of this MOU. SECTION 25: ME-TOO CLAUSE If, during the term of this Agreement, any represented bargaining unit receives an annual across-the-board wage increase, as a percentage of pay, greater than that received by the Association, the greater increase shall immediately be extended to Association members. SECTION 26: WORKING GROUP The parties agree to form a working group to discuss drafting new grievance procedures that, if adopted by the City Council, will amend the City's current Personnel Rules. SECTION 27: TERM This Memorandum of Understanding shall remain in full force and effect from July 1, 2025 through June 30, 2026 2026 through June 30, 2029. SECTION 28: RATIFICATION This MOU is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following approval and adoption, the MOU shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this 23rd day of June 2025 _____ day of __________ 2026. CITY OF SEAL BEACH __________________________________ Patrick Gallegos, City Manager Date: __________________ CITY OF SEAL BEACH | MMCEA MOU | WORKING REDLINE Page 14 MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEES ASSOCIATION __________________________________ Association President Date: __________________ SBMSMA MOU 2026-2029 1 1 1 4 7 4 Seal Beach Marine Safety Management Association (SBMSMA) MEMORANDUM OF UNDERSTANDING Resolution 7817 ADOPTED: September 14, 2026 EXPIRES: June 30, 2029 Term: July 1, 2026 - June 30, 2029 SBMSMA MOU 2026-2029 2 1 1 4 7 4 TABLE OF CONTENTS SECTION 1: RECOGNITION SECTION 2: CITY RIGHTS SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE SECTION 4: RETIREMENT HEALTH INSURANCE SECTION 5: SICK LEAVE SECTION 6: VACATION TIME SECTION 7: HOLIDAYS SECTION 8: RETIREMENT SECTION 9: OVERTIME AND CALL OUT PAY SECTION 10: COMPENSATORY TIME OFF SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS SECTION 12: LONGEVITY PAY SECTION 13: AUTOMOBILES AND MILEAGE SECTION 14: ADMINISTRATIVE LEAVE SECTION 15: LIMITATIONS SECTION 16: DEFERRED COMPENSATION SECTION 17: BILINGUAL COMPENSATION SECTION 18: CERTIFICATION PAY SECTION 19: WORK SCHEDULE SECTION 20: TUITION REIMBURSEMENT SECTION 21: COMPENSATION PLAN SECTION 22: LEAVES OF ABSENCE SECTION 23: HEALTH WELLNESS PROGRAM SECTION 24: MISCELLANEOUS SECTION 25: TERM SECTION 26: APPEALS SECTION 27: REOPENER SECTION 28: RATIFICATION EXHIBIT A - SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM SBMSMA MOU 2026-2029 3 1 1 4 7 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association (SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 3 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of the Association and/or other officers of the Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. SECTION 2: CITY RIGHTS A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. SBMSMA MOU 2026-2029 4 1 1 4 7 4 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE INSURANCE A. Health Insurance Coverage 1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. SBMSMA MOU 2026-2029 5 1 1 4 7 4 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance applicable to the employee's coverage tier, as adjusted under subsection 5. 4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA. The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan. 5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect immediately before that date shall be increased by the average percentage increase for CalPERS basic plans for the applicable coverage year. 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods of each month. 7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS for the applicable calendar year. 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan are eligible to receive $ 550 per month upon showing proof of medical insurance coverage under an alternative plan. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month. 11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not be eligible for participation in the full-flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. D. Annual Dermatological Screening The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to employees. Screening will be provided by one of the three dermatological providers identified by the City, including Alamitos Dermatology, and must be scheduled by the employee. Any treatment deemed necessary following the exam shall be scheduled by the employee through the employee's provider of choice using the employee's SBMSMA MOU 2026-2029 6 1 1 4 7 4 insurance. All medical billing for the screening services will be forwarded for payment to the City of Seal Beach by the selected City-approved dermatological provider. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. C. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. F. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay. D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. SBMSMA MOU 2026-2029 7 1 1 4 7 4 E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. F. Sick leave balances may not be used to defer a disability retirement. SECTION 6: VACATION TIME A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year. B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours Maximum Vacation Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year. D. The Marine Safety Officer vacation accrual schedule is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi- Weekly Annual Vacation Hours Maximum Vacation Accrual 0-5 80 3.0769 80 200 6-14 120 4.6154 120 200 15-19 160 6.1538 160 200 20+200 7.6923 200 200 SBMSMA MOU 2026-2029 8 1 1 4 7 4 E. Marine Safety Officers may maintain a maximum accrued vacation balance of 200 hours. Once an employee's accrued vacation balance reaches 200 hours, further vacation accruals shall cease until the balance is reduced below 200 hours. The 200-hour maximum may be exceeded only with prior written approval of the City Manager. F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. H. Marine Safety Officers who have completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired on or before July 1, 2026 may receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual payment exceeding 80 hours; and (2) employees hired after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. K. Marine Safety Lieutenants who have completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual payment exceeding 80 hours; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. SECTION 7: HOLIDAYS A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th *(2) Floating Holidays (discretion of employee) Total of 13 holidays annually SBMSMA MOU 2026-2029 9 1 1 4 7 4 *Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee A would receive (10) hours of compensatory time off. C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay computed at 1 1/2 times the employees' base hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU SECTION 8: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section Provision 20042 One Year Final Compensation 20965 Credit of Unused Sick Leave 21024 Military Service Credit B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local Safety Members. C. The Marine Safety Association "PERS Classic" employees shall pay 9% of their CALPERS required contribution of their compensation earnable. D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 9: OVERTIME AND CALL OUT PAY A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer: 1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. 2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. 3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. 4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SBMSMA MOU 2026-2029 10 1 1 4 7 4 SECTION 10: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued. SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 12: LONGEVITY PAY Ten (10) Years of Service - Employees who have achieved ten (10) years of uninterrupted full-time employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted full-time employment with the City shall receive an additional 5% increase in base salary (above the previously described 5% increase) effective on the 20th anniversary of their employment. Twenty-five (25) Years of Service - Employees who have achieved twenty-five (25) years of uninterrupted full-time employment with the City shall receive an additional 5% increase (above the previously described increases) in base salary effective on the 25th anniversary of their employment. SECTION 13: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14: ADMINISTRATIVE LEAVE Effective the 1st payroll period in July 2026, and every July thereafter: A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year. B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 15: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. SBMSMA MOU 2026-2029 11 1 1 4 7 4 B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. SECTION 16: DEFERRED COMPENSATION For the classification of Marine Safety Lieutenant and Marine Safety Officer, the City shall contribute the amount of $40 per payroll period into a deferred compensation program SECTION 17: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 18: CERTIFICATION PAY A. Employees who possess and continuously maintain all of the following valid certifications shall receive $175 per month in certification incentive pay: 1. EMT-B 2. SCUBA Certification (NAUI or PADI) 3. Emergency Medical Response Instructor 4. Incident Command System (ICS) 100 and 200 B. Employees who possess and continuously maintain all of the following valid certifications shall receive an additional $85 per month in certification incentive pay: 1. United States Coast Guard Captain's License 2. FAA Remote Pilot Certification (Part 107) C. Total certification incentive pay under this section shall not exceed $260 per month. D. Employees must maintain all required certifications within the applicable tier to remain eligible for that tier of certification incentive pay. SECTION 19: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. SECTION 20: TUITION REIMBURSEMENT A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community colleges or universities for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. SBMSMA MOU 2026-2029 12 1 1 4 7 4 B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) years of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee's course begins. D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor's, or master's degree. Tuition assistance shall not be available for coursework leading to a doctoral or doctorate degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee's current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after July 1, 2026, who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after SBMSMA MOU 2026-2029 13 1 1 4 7 4 the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1. In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows: Effective the first full pay period in July 1, 2026, employees shall receive a 3% cost of living adjustment. Effective the first full pay period in July 1, 2027, employees shall receive a 2.5% cost of living adjustment. Effective the first full pay period in July 1, 2028, employees shall receive a CPI adjustment of not less than 1% and not more than 3%, measured by the change in the Los Angeles-Long Beach-Anaheim All Urban SBMSMA MOU 2026-2029 14 1 1 4 7 4 Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index). Wage increases provided under this Agreement shall be made retroactive to the first full pay period in July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council. Mid-Management Grade Job Classifications 31 Marine Safety Lieutenant Technical Grade Job Classifications 23 Marine Safety Officer H. Salary Study The City shall complete a salary study for SBMSMA classifications no later than October 2026. The cost of the study shall not exceed $10,000. SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first (30) days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request (10) working days in advance of the beginning of the leave. SBMSMA MOU 2026-2029 15 1 1 4 7 4 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first (3) months of military leave, the employee may continue said benefits at his cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. SBMSMA MOU 2026-2029 16 1 1 4 7 4 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program) The City shall reimburse Employee, as a medical benefit, for Employee's actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $550 per fiscal year for the Marine Safety Lieutenant and in an amount not to exceed $450 for the Marine Safety Officer classification, subject to the City's normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee. SECTION 24: MISCELLANEOUS A. Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this (45) day period, the City will, upon request, meet and confer on the impact of the layoffs. B. Physical Fitness Program: The physical fitness program is a voluntary program for all union members utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. SECTION 25: TERM The Memorandum of Understanding shall remain in full force and effect from July 1, 2026 until midnight June 30, 2029. SECTION 26: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 27: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums. SBMSMA MOU 2026-2029 17 1 1 4 7 4 SECTION 28: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this _____ day of __________ 2026. SBMSMA MOU 2026-2029 18 1 1 4 7 4 EXHIBIT A SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM NOTE: The specific months for the testing is at the discretion of the City Manager or their designee. INTRODUCTION The physical fitness program is a voluntary program for all members of the Seal Beach Marine Safety Management Association (SBMSMA). SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each member will be able to achieve is up to forty (40) vacation hours earned annually for as long as the member continues successfully in the program. ENROLLMENT To start the program, each member must contact the Physical Fitness Committee and advise them of your intent. Each member participating will be tested every six months, specifically in the months of December and June. A minimum level has been established for each test. Participants will have to move up a category or reach the maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Beach Supervisor discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded five hours for successfully completing each test as set forth in TESTING below. No employee shall receive any hours if they fail to meet the minimum standards for at least two of the four tests. PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of board members of the SBMSMA. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. REQUIRED TEST The physical fitness needs of Marine Safety Lifeguards fall into two areas: Cardio Fitness and Strength. The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Area Tests Cardio fitness 500 meter swim (October); 1 Mile Beach Run/Pier Swim (April) Strength Push-up; Sit-ups; Pull-ups MEDICAL COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, the city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. CARDIO FITNESS TESTS - 500-meter pool swim (October) SBMSMA MOU 2026-2029 19 1 1 4 7 4 Members will swim 500 meters in a pool measured in yards or meters. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen. Rating Time Excellent 9:15-9:30 Good 9:31-10:00 Fair 10:01-10:30 Poor 10:31-11:00 Very Poor Above 11:01 Maintenance Level Below 10:00 Minimum Level 11:00 CARDIO FITNESS TESTS - 1 mile beach run and a pier swim (June) Members will run 1 mile on the beach and swim 1 length of the pier. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen. Rating Time Excellent 18:00-20:30 Good 20:31-23:00 Fair 23:01-25:00 Poor 25:01-26:00 Very Poor Above 26:00 Maintenance Level Below 25:00 Minimum Level 26:00 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his/her fist on the ground below the member's chest. The member must always keep his/her back straight and from the up position, lower him/herself to the floor until his chest touches his/her partner's hand and then push to the up position again. The member can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical demands of swimming and propelling surf craft. Rating Under 30 30-39 40-49 50+ Excellent 43-37-30-25+ Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-below 2-below 2-below 1-below Maintenance Level 40 35 25 18 SBMSMA MOU 2026-2029 20 1 1 4 7 4 Minimum Level 18 15 13 11 PULL-UPS Members will hold the bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Members must pull his/her body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, members may choose to do the "Lat Pull". Members are required to pull down seventy percent (70%) of their body weight ten (10) times to achieve maintenance level. Rating Under 30 30-39 40-49 50+ Excellent 9 & above 7 & above 6 & above 5 & above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & below 2 & below 1 & below 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Members start by lying on his/her back, knees bent, heels flat on the floor and arms folded across their chest. A partner holds the feet down. In the up position, the officer will touch his/her elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is continuous exercise, no resting. The total number of correct sit-ups is recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. Rating Under 30 30-39 40-49 50+ Excellent 51 & above 45 & above 40 & above 36 & above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23-below 17-below 6-below 5-below Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 1 Seal Beach Marine Safety Management Association (SBMSMA) MEMORANDUM OF UNDERSTANDING REDLINE Resolution 7587 Resolution [TBD] ADOPTED: December 9, 2024 ADOPTED: [TBD] EXPIRES: June 30, 2026 EXPIRES: June 30, 2029 Proposed Term: July 1, 2026 - June 30, 2029 SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 2 TABLE OF CONTENTS SECTION 1: RECOGNITION SECTION 2: CITY RIGHTS SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE SECTION 4: RETIREMENT HEALTH INSURANCE SECTION 5: SICK LEAVE SECTION 6: VACATION TIME SECTION 7: HOLIDAYS SECTION 8: RETIREMENT SECTION 9: OVERTIME AND CALL OUT PAY SECTION 10: COMPENSATORY TIME OFF SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS SECTION 12: SENIORITY BONUSLONGEVITY PAY SECTION 13: AUTOMOBILES AND MILEAGE SECTION 14: ADMINISTRATIVE LEAVE SECTION 15: LIMITATIONS SECTION 16: DEFERRED COMPENSATION SECTION 17: BILINGUAL COMPENSATION SECTION 18: CERTIFICATION PAY SECTION 19: WORK SCHEDULE SECTION 20: TUITION REIMBURSEMENT SECTION 21: COMPENSATION PLAN SECTION 22: LEAVES OF ABSENCE SECTION 23: HEALTH WELLNESS PROGRAM SECTION 24: MISCELLANEOUS SECTION 25: TERM SECTION 26: APPEALS SECTION 27: REOPENER SECTION 28: RATIFICATION EXHIBIT A - SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association (SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 3 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of the Association and/or other officers of the Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. SECTION 2: CITY RIGHTS A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 4 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2024, CalPERS has established the minimum PEMHCA contribution at $157 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 5 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City's cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2024, the monthly flex dollar allowance shall be: For Employee only $ 1,1666.99/month For Employee and 1 dependent $ 1,803.38month For Employee and 2 or more dependents $ 2,332.12/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 2024, an employee only monthly flex dollar allowance is $1,1666.99 of that $1,166.99; $157 has been designated by the City as its required PEMHCA contribution to CalPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan. 5. Effective January 1, 2024, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CalPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are eligible to receive $350 per month beginning January 1, 2024 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance. 1. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount toward the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Each eligible employee shall receive the monthly flex dollar allowance applicable to the employee's coverage tier, as adjusted under subsection 5. 4. A portion of the monthly flex dollar allowance is identified as the City's contribution toward PEMHCA. The monthly flex dollar allowance may be used only in accordance with the terms of the full flex cafeteria plan. 5. Effective each January 1 during the term of this Agreement, the monthly flex dollar allowances in effect immediately before that date shall be increased by the average percentage increase for CalPERS basic plans for the applicable coverage year. 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the City contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods of each month. 7. The City's minimum employer contribution under PEMHCA shall be the amount established by CalPERS for the applicable calendar year. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 6 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full-flex cafeteria plan are eligible to receive $350 550 per month upon showing proof of medical insurance coverage under an alternative plan. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 10. Full-time employees covered by this Agreement who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the first day of the next succeeding month. 11. Employees who change classification from full-time to part-time, provisional, hourly, or seasonal shall not be eligible for participation in the full-flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay, or is absent from regular duties without authorization, for a full calendar month. The City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 3lst day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. D. Annual Dermatological Screening The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to employees. Screening will be provided by Beach Dermatology located at 500 Pacific Coast Highway, Suite 212 in Seal Beach and must be scheduled by the employee. Any treatment deemed necessary following the exam shall be scheduled by the employee through the employee's provider of choice using the employee's insurance. All medical billing for the screening services will be forwarded for payment to the City of Seal Beach by Beach Dermatology. The City will provide employees with one (1) annual dermatological (skin cancer) screening at no cost to employees. Screening will be provided by one of the three dermatological providers identified by the City, including Alamitos Dermatology, and must be scheduled by the employee. Any treatment deemed necessary following the exam shall be scheduled by the employee through the employee's provider of choice using the employee's insurance. All medical billing for the screening services will be forwarded for payment to the City of Seal Beach by the selected City-approved dermatological provider. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 7 provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater. C. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. D. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. E. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. F. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay. D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. F. Sick leave balances may not be used to defer a disability retirement. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 8 SECTION 6: VACATION TIME A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year. B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi-Weekly Annual Vacation Hours Maximum Vacation Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year. D. The vacation accrual schedule is as follows: D. The Marine Safety Officer vacation accrual schedule is as follows: Years Service Vacation Hours Earned Maximum Hourly Accrual Rate / Pay Period Bi- Weekly Annual Vacation Hours Maximum Vacation Accrual 0-5 80 3.0769 80 200 6-14 120 4.6153 4.6154 120 200 15-19 160 6.1538 160 200 20+200 7.6923 200 200 E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 200 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 9 recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. E. Marine Safety Officers may maintain a maximum accrued vacation balance of 200 hours. Once an employee's accrued vacation balance reaches 200 hours, further vacation accruals shall cease until the balance is reduced below 200 hours. The 200-hour maximum may be exceeded only with prior written approval of the City Manager. F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. H. All employees in the Marine Safety Officer classification not more than twice in each fiscal year, who have completed at least 1 year of continuous service shall, upon request, receive compensation for up to 160 hours of available accrued vacation time, but no more than 80 hours per occurance. H. Marine Safety Officers who have completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired on or before July 1, 2026 may receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual payment exceeding 80 hours; and (2) employees hired after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. I. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. K. All employees in the Marine Safety Lieutenant classification not more than twice in each fiscal year, who has completed at least one year of continuous service shall, upon request, receive compensation for up to 160 hours of available accrued vacation time, but no more than 80 hours per occurrence. K. Marine Safety Lieutenants who have completed at least one (1) year of continuous service may, upon request, receive compensation for available accrued vacation as follows: (1) employees hired before July 1, 2026 may receive compensation for up to 160 hours per fiscal year, in no more than two payments, with no individual payment exceeding 80 hours; and (2) employees hired on or after July 1, 2026 may receive compensation for up to 80 hours per fiscal year, which may be taken in one or two payments. SECTION 7: HOLIDAYS A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 10 New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th *(2) Floating Holidays (discretion of employee) Total of 13 holidays annually *Floating Holidays must be taken during each fiscal year (July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee A would receive (10) hours of compensatory time off. C. A Marine Safety Lieutenant and Marine Safety Officer who is required to work on a holiday shall receive pay computed at 1 1/2 times the employees' base hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU SECTION 8: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section Provision 20042 One Year Final Compensation 20965 Credit of Unused Sick Leave 21024 Military Service Credit B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local Safety Members. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 11 C. The Marine Safety Association "PERS Classic" employees shall pay 9% of their CALPERS required contribution of their compensation earnable. D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 9: OVERTIME AND CALL OUT PAY A. The following section pertains to the position of Marine Safety Lieutenant and Marine Safety Officer: 1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. 2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. 3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. 4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 10: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued. SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 12: SENIORITY BONUSLONGEVITY PAY Employees who have achieved (10) years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the l0th anniversary of their employment. Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted employment with the City shall receive a 2.5% increase in base salary (above the previously-described 5% increase at 10 years) effective on the 20th anniversary of their employment. Ten (10) Years of Service - Employees who have achieved ten (10) years of uninterrupted full-time employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 12 Twenty (20) Years of Service - Employees who have achieved twenty (20) years of uninterrupted full-time employment with the City shall receive an additional 5% increase in base salary (above the previously described 5% increase) effective on the 20th anniversary of their employment. Twenty-five (25) Years of Service - Employees who have achieved twenty-five (25) years of uninterrupted full- time employment with the City shall receive an additional 5% increase (above the previously described increases) in base salary effective on the 25th anniversary of their employment. SECTION 13: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14: ADMINISTRATIVE LEAVE Effective the 1st payroll period in July 2026, and every July thereafter: A. The Marine Safety Lieutenant and Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year. B. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 15: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. SECTION 16: DEFERRED COMPENSATION For the classification of Marine Safety Lieutenant and Marine Safety Officer, the City shall contribute the amount of $40 per payroll period into a deferred compensation program SECTION 17: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 18: CERTIFICATION PAY A. Employees who possess and maintain valid certification for CPR/AED/First Aid Instructor, as well as a minimum certification of EMT, will receive $500 annually the first pay day in November. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 13 B. Employees who possess a United States Coast Guard (USCG) Captains License will receive $250 annually the first pay day in November. A. Employees who possess and continuously maintain all of the following valid certifications shall receive $175 per month in certification incentive pay: 1. EMT-B 2. SCUBA Certification (NAUI or PADI) 3. Emergency Medical Response Instructor 4. Incident Command System (ICS) 100 and 200 B. Employees who possess and continuously maintain all of the following valid certifications shall receive an additional $85 per month in certification incentive pay: 1. United States Coast Guard Captain's License 2. FAA Remote Pilot Certification (Part 107) C. Total certification incentive pay under this section shall not exceed $260 per month. D. Employees must maintain all required certifications within the applicable tier to remain eligible for that tier of certification incentive pay. SECTION 19: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. SECTION 20: TUITION REIMBURSEMENT A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2021 semester and completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be calculated as follows: 2020/2021 State University Tuition $1,665.00 (0-6 units); Required University Fees $554.00 (approx.); Parking $175.00; Books $535.00 (approx.); TOTAL $2,929.00. A. Higher Education Degree Programs - Marine Safety Association employees attending accredited community colleges or universities for the purpose of obtaining an eligible higher education degree may apply for reimbursement of tuition, books, student fees and parking. Tuition reimbursement is capped at the 2026 California State University (CSU) tuition rates, not to exceed $3,908 per semester and $7,816 per fiscal year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. C. Minimum Service Requirement - An employee must have completed at least one (1) years of continuous employment with the City before becoming eligible to receive tuition assistance. Eligibility shall be determined as of the date the employee's course begins. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 14 D. Eligible Degree Programs - Tuition assistance may be approved for coursework leading to an associate, bachelor's, or master's degree. Tuition assistance shall not be available for coursework leading to a doctoral or doctorate degree. E. Benefit to the City - To be eligible for tuition assistance, the coursework or degree program must be reasonably related to the employee's current position, current department, or a position or function within another City department, and must provide a demonstrable benefit to the City. The City shall have sole discretion to determine whether a proposed course or degree program meets this requirement. Approval of a course or degree program shall not guarantee promotion, reclassification, transfer, or appointment to another City position. F. Tuition Reimbursement Repayment - As a condition of receiving tuition reimbursement, employees hired on or after July 1, 2026, who voluntarily separate from City employment shall reimburse the City for a portion of the tuition reimbursement received as follows: 1. Employees who voluntarily terminate employment within one (1) year from the date tuition reimbursement is paid by the City shall reimburse the City seventy-five percent (75%) of the amount reimbursed. 2. Employees who voluntarily terminate employment more than one (1) year, but within two (2) years, from the date tuition reimbursement is paid by the City shall reimburse the City fifty percent (50%) of the amount reimbursed. 3. No reimbursement to the City shall be required for employees who voluntarily terminate employment more than two (2) years after the date tuition reimbursement is paid. 4. This repayment obligation shall not apply to employees who retire from the City through CalPERS, are separated due to layoff, disability retirement, death, or are otherwise involuntarily separated from employment. 5. Employees employed by the City prior to the effective date of this Agreement shall be grandfathered and shall not be subject to the tuition reimbursement repayment provisions contained herein. SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1. In order to properly compensate an employee, advancement in salary shall be based on merit. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 15 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows: First full pay period in July 2024: Employees shall receive a 2.5% cost of living adjustment. First full pay period in July 2025: Employees shall receive a 2.5% cost of living adjustment. Effective the first full pay period in July 1, 2026, employees shall receive a 3% cost of living adjustment. Effective the first full pay period in July 1, 2027, employees shall receive a 2.5% cost of living adjustment. Effective the first full pay period in July 1, 2028, employees shall receive a CPI adjustment of not less than 1% and not more than 3%, measured by the change in the Los Angeles-Long Beach-Anaheim All Urban Consumers Index (CPI-U), unadjusted, for the 12 months ending in April 2028 (April 2027 - April 2028 index). SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 16 Wage increases provided under this Agreement shall be made retroactive to the first full pay period in July 1, 2026, provided the Agreement is ratified by both parties and approved by the City Council no later than September 28, 2026. Mid-Management Grade Job Classifications 31 Marine Safety Lieutenant Technical Grade Job Classifications 23 Marine Safety Officer H. Non-PERSable Lump Sum Payment During Term of Memorandum of Understanding The City shall make one (1) Non-PERSable lump sum payment of $4,000 (subject to applicable withholdings) prior to January 1, 2025 to each bargaining unit member employed by the City. H. Salary Study The City shall complete a salary study for SBMSMA classifications no later than October 2026. The cost of the study shall not exceed $10,000. SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first (30) days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 17 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request (10) working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first (3) months of military leave, the employee may continue said benefits at his cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 18 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 23: HEALTH WELLNESS PROGRAM (Medical Maintenance Examination & Wellness Program) The City shall reimburse Employee, as a medical benefit, for Employee's actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $550 per fiscal year for the Marine Safety Lieutenant and in an amount not to exceed $450 for the Marine Safety Officer classification, subject to the City's normal reimbursement processes and requirements such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club. All reimbursements shall be subject to the review and approval of the City Manager or his/her designee. SECTION 24: MISCELLANEOUS A. Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this (45) day period, the City will, upon request, meet and confer on the impact of the layoffs. B. Physical Fitness Program: The physical fitness program is a voluntary program for all union members utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU. SECTION 25: TERM The Memorandum of Understanding shall remain in full force and effect from July 1, 2024 until midnight June 30, 2026. The Memorandum of Understanding shall remain in full force and effect from July 1, 2026 until midnight June 30, 2029. SECTION 26: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 19 SECTION 27: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums. SECTION 28: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 20 EXHIBIT A SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION PHYSICAL FITNESS PROGRAM NOTE: The specific months for the testing is at the discretion of the City Manager or their designee. INTRODUCTION The physical fitness program is a voluntary program for all members of the Seal Beach Marine Safety Management Association (SBMSMA). SBMSMA members may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each member will be able to achieve is up to forty (40) vacation hours earned annually for as long as the member continues successfully in the program. ENROLLMENT To start the program, each member must contact the Physical Fitness Committee and advise them of your intent. Each member participating will be tested every six months, specifically in the months of December and June. A minimum level has been established for each test. Participants will have to move up a category or reach the maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Beach Supervisor discretion. The Physical Fitness Committee will perform the testing. ALLOCATION OF HOURS Employees will be awarded five hours for successfully completing each test as set forth in TESTING below. No employee shall receive any hours if they fail to meet the minimum standards for at least two of the four tests. PHYSICAL FITNESS COMMITTEE The Physical Fitness Committee shall be comprised of board members of the SBMSMA. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters. REQUIRED TEST The physical fitness needs of Marine Safety Lifeguards fall into two areas: Cardio Fitness and Strength. The tests outlined below may be modified by the Physical Fitness Committee as necessary. The tests used in this program to evaluate fitness in these areas will be: Area Tests Cardio fitness 500 meter swim (October); 1 Mile Beach Run/Pier Swim (April) Strength Push-up; Sit-ups; Pull-ups MEDICAL COVERAGE Participation in the program will be on a voluntary basis. Any exercise workouts done under this program, i.e. weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, the city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program. CARDIO FITNESS TESTS - 500-meter pool swim (October) SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 21 Members will swim 500 meters in a pool measured in yards or meters. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen. Rating Time Excellent 9:15-9:30 Good 9:31-10:00 Fair 10:01-10:30 Poor 10:31-11:00 Very Poor Above 11:01 Maintenance Level Below 10:00 Minimum Level 11:00 CARDIO FITNESS TESTS - 1 mile beach run and a pier swim (June) Members will run 1 mile on the beach and swim 1 length of the pier. The time needed to cover the distance is recorded and compared to the standards on the chart. This test is an excellent indication of the condition of the heart and lungs as it measures one's aerobic capacity or the ability of the heart and lungs to utilize oxygen. Rating Time Excellent 18:00-20:30 Good 20:31-23:00 Fair 23:01-25:00 Poor 25:01-26:00 Very Poor Above 26:00 Maintenance Level Below 25:00 Minimum Level 26:00 STRENGTH TESTS The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his/her fist on the ground below the member's chest. The member must always keep his/her back straight and from the up position, lower him/herself to the floor until his chest touches his/her partner's hand and then push to the up position again. The member can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart. This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical demands of swimming and propelling surf craft. Rating Under 30 30-39 40-49 50+ Excellent 43-37-30-25+ Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 SBMSMA MOU 2026-2029 | NEGOTIATION REDLINE Negotiation Redline | 22 Very Poor 4-below 2-below 2-below 1-below Maintenance Level 40 35 25 18 Minimum Level 18 15 13 11 PULL-UPS Members will hold the bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Members must pull his/her body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, members may choose to do the "Lat Pull". Members are required to pull down seventy percent (70%) of their body weight ten (10) times to achieve maintenance level. Rating Under 30 30-39 40-49 50+ Excellent 9 & above 7 & above 6 & above 5 & above Good 8 6 5 4 Fair 6-7 4-5 3-4 2-3 Poor 5 3 2 1 Very Poor 4 & below 2 & below 1 & below 0 Maintenance Level 8 6 5 4 Minimum Level 5 3 2 1 SIT-UPS Members start by lying on his/her back, knees bent, heels flat on the floor and arms folded across their chest. A partner holds the feet down. In the up position, the officer will touch his/her elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is continuous exercise, no resting. The total number of correct sit-ups is recorded and compared to the standards on the chart. This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. Rating Under 30 30-39 40-49 50+ Excellent 51 & above 45 & above 40 & above 36 & above Good 40-50 34-44 27-39 23-39 Fair 35-39 29-33 20-26 16-22 Poor 24-34 18-28 7-19 6-15 Very Poor 23-below 17-below 6-below 5-below Maintenance Level 45 40 35 30 Minimum Level 30 25 20 15 Agenda Item N AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council FROM:Patrick Gallegos, City Manager SUBJECT:Authorizing Submittal for Grant Funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disability (EMSD) Program ________________________________________________________________ SUMMARY OF REQUEST: That the City Council: 1. Conduct a public hearing to receive input and consider the submittal of a grant application; and, 2. Determine this action is exempt from the California Environmental Quality Act; and, 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program. BACKGROUND AND ANALYSIS: The City of Seal Beach currently offers a robust transportation program for seniors throughout the community. The program consists of two (2) components that provide services. These two (2) components are Dial-a-Ride and the daily shuttle services. Participants can sign up for both programs with the Community Services and Recreation Department. Currently over 2390 residents are registered to participate in both programs. The only requirements to participate in the program are that individuals must be a resident of Seal Beach and 60 years or older. The Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program, administered by the Orange County Transportation Authority (OCTA), provides transportation funding for seniors and individuals with disabilities where public transportation services may not meet their needs. The EMSD Grant Program requires government agencies to hold a public hearing to ensure proposed projects are not duplicated or overlapping in scope. The program also requires a resolution from a governing body to confirm legal authority to submit the application and to meet the required match commitment, which is 20% of operating expenses awarded. Page 2 2 3 6 0 If authorized, the City intends to request $240,000 for operating expenses. If awarded, the EMSD grant funds will allow the City to offer services to individual residents with disabilities regardless of age. Should the City be successful in its application, funds are expected to be awarded in July of 2027. ENVIRONMENTAL IMPACT: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: The EMSD Grant Program requires a 20% local match for operation assistance expenses. The 20% match will total $48,000 over three years. If awarded these funds would be available for the beginning of Fiscal Year 2027-28 and will be included in future budgets. Current grant funds from the 2024 allocation will carry through the current Fiscal Year of 2026-27, and end in June 2027. The local matching requirement for the three-year period of Fiscal Years 2027-28, 2028-29 and 2029-30 will be requested through the annual budget process and is contingent upon City Council appropriation. It is anticipated that staff will seek appropriation of matching funds in the budget line item for senior transportation in the Council approved budget for Fiscal Year 2027-28, and the two subsequent fiscal years. RECOMMENDATION: That the City Council: 1. Conduct a public hearing to receive input and consider the submittal of a grant application; and, 2. Determine this action is exempt from the California Environmental Quality Act; and, Page 3 2 3 6 0 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program. SUBMITTED, NOTED AND APPROVED BY: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Nathan Caukin, Recreation Specialist ATTACHMENTS: A. Resolution 7818 B. OCTA EMSD 2026 Grant Application Packet RESOLUTION 7818 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE 2026 ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES (EMSD) GRANT PROGRAM WHEREAS, the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program Call for Projects (Call) intends to support the needs of seniors beyond traditional public transportation, and for individuals with disabilities beyond that required by the Americans with Disabilities Act (ADA); and, WHEREAS, the EMSD Grant Program offers grant opportunities to non-profit organizations (non-profits) and local public agencies to help meet these needs; and, WHEREAS, the 2026 EMSD Call will make up to $5.85 million in local funds available for eligible and high scoring projects, and funding availability is based on the Federal Transit Administration (FTA) Section 5310 Program apportionment to OCTA and is subject to change; and, WHEREAS, all projects proposed and considered for funding are required to be included in the 2024 Humas Services Transportation Coordination Plan (Coordinated Plan). Under FTA guidelines, the Coordinated Plan is required to be updated every four years; and, WHEREAS, the City of Seal Beach, (City) does not have non-profit agencies that are readily available to provide the proposed service; and, WHEREAS, the City desires to pursue enhancement to the current Senior Transportation Services Program; and, WHEREAS, the City commits to and agrees to fully support intentions to meet the transportation needs of older adults and people with disabilities when services are unavailable, insufficient, or inappropriate. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. City of Seal Beach staff is directed to submit the grant application package to the Orange County Transit Authority to provide documentation for award in the amount of $240,000 over a 36-month period, to allocate to expansion of transportation services for seniors and individuals with disabilities. Section 2. The City Manager of the City of Seal Beach, or designee, is directed to execute, in the name of the City of Seal Beach, all necessary applications, contracts and agreements and amendments thereto to implement and 1 1 4 6 5 carry out the grant application package attached hereto and any project approved through approval of the grant application. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7818 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk 2026 EMSD Grant Program Project Nomination 0 Complete Application Checklist Application Checklist ☒ General Information ☒ Part I – Applicant Profile ☒ Part II – Funding Request ☒ Part III – Scored Questions ☒ Part IV – CertificationsError! Reference source not found. Attachments – Optional or Required as Applicable (All Attachment files should be clearly named/titled prior to upload.) ☒ Attachment 1: Agency Overview Supporting Documentation and Service Area Map – Optional ☒ Attachment 2: Audited Financial Statement and Title VI and ADA Compliance ☐ Attachment 3: Local Match Source Documentation ☐ Attachment 4: CAPITAL – Capital Project Detail and Cost-Effectiveness Documentation ☒ Attachment 5: OPERATING – Operating Assistance Documentation Detail ☐ Attachment 6: Operational Policies (Driver Training / Maintenance / Inspections) – Optional ☒ Attachment 7: Letters of Support ☐ Attachment 8: Existing Transportation-Related Service(s) – Vehicles ☐ Attachment 9: Existing Transportation-Related Service(s) – Equipment ☐ Attachment 10: Emergency Planning and Preparedness Supporting Documentation – Optional ☐ Attachment 11: Private Non-profit Agency – Corporation Status Inquiry Documentation ☒ Attachment 12: Public Agency Eligibility Documentation ☒ Attachment 13: A. Transportation Needs - Population Density, Seniors, Disabled. B. Transportation Needs – Barriers. 2026 EMSD Grant Program Project Nomination 1 General Information Agency (Applicant) Legal Name: City of Seal Beach Project Title: 2026 Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program Physical Address (No P.O. Box): 211 8th Street City/State/Zip: Seal Beach / California / 90740 Contact Name: Nathan Caukin Contact Title: Recreation Specialist Email of Contact: ncaukin@sealbeachca.gov Phone: 562-431-2527 x1390 Alternate Contact (Name, Title): Anthony Nguyen, Community Services Coordinator Alternate Email of Contact: anguyen@sealbeachca.gov Phone: 562-431-2527 x1344 Application Type: Indicate Capital or Operating Operating (Operating Assistance) Describe the scope of work and type of request (e.g., vehicle replacement, equipment, service expansion, mobility management, travel training, first/last mile connection). Service Expansions: Expand our current Senior Mobility Program (SMP) which includes our shuttle and our Dial-A-Ride program. Service expansions would provide an opportunity to continue to enhance our services to our senior population while expanding to include individuals with disabilities, to provide transit services where public transportation services may not appropriately meet their needs. Provide a detailed project description, including requested items and quantities, service area, target population, service period (if applicable), and expected benefits. Service continuation of our current contracted Senior Mobility Program for transportation services, to continue to provide safe, reliable, and timely transportation for the seniors with expansion to include individuals with disabilities. This expansion would allow continuation of the current level of services afforded utilizing grant dollars from this 2026 EMSD Grant Award. Total EMSD Request $ 240,000 Total Local Match $ 48,000 Total Project Cost (EMSD + Local Match) $ 288,000 Application Priority (if submitting more than one application): Priority 1 of 1 2026 OC EMSD Program Project Nomination 3 Part I – Applicant Profile Agency Overview Describe your agency’s purpose, transportation services, and days/hours of operation. Attachment 1 included? ☒ Yes ☐ No The City of Seal Beach, Senior Transportation Program, includes two types of transportation options with our Shuttle Service and our Dial-A-Ride Service. Our shuttle can accommodate 20 passengers, is free to eligible users and runs on a fixed route throughout major City stops, including: the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center, & the North Seal Beach Community Center. This shuttle will be expanding to a larger ADA compliant 25 passenger shuttle with capacity to accommodate wheelchairs, scooters, and has a bike rack that can hold two (2) bikes. The shuttle includes 10 unique stops acro ss 4 main destinations within the city. It is operational Monday-Friday, 9:00am-4:00pm. Our Dial-A-Ride service is a free curb-to-curb cab service for riders to travel to any location within Seal Beach, and up to 3 miles outside of the City of Seal Beach (with in Orange County) for non-emergency medical needs. It is operational Monday-Friday, 7:30am-5:00pm. Both programs are available to eligible applicants who are: Seal Beach residents and 60+ years old (expanded to include individuals with disabilities with the 2024 EMSD Grant award). Service Area Describe the service area. A map may be attached. Attachment 1 included? ☒ Yes ☐ No The shuttle travels on a fixed route throughout Seal Beach to major attractions throughout the City, allowing eligible users to reach areas that otherwise would not be possible. The Dial -A-Ride program taxis riders to any destination requested within the City of Seal Beach, and up to three (3) miles outside City limits (within Orange County) for non -emergency medical purposes. The Dial-A-Ride service includes transit options to the Long Beach Veteran’s Affairs Hospital and the UCI Health System of Los Alamitos. Both hospital systems are major assets to our senior population and our veterans. Client Profile Provide total clients currently served by your transportation program, including: Seniors: 2,391 Individuals with Disabilities: 212 Wheelchair/Lift Users: 189 Total Unduplicated Clients: 2,392 Financial and Title VI and ADA Compliance Documentation Summarize your agency’s audited financial condition and confirm Title VI and Americans with Disabilities Act (ADA) compliance. If there were any related lawsuits, complaints, or investigations in the past year, briefly describe them. If none, state none. Attachment 2 included? ☒ Yes ☐ No 2026 OC EMSD Program Project Nomination 4 Financial: Link provided – City of Seal Beach Annual Comprehensive Financial Report For Fiscal Year 2024 -2025, Ended June 30, 2025. https://www.sealbeachca.gov/LinkClick.aspx?fileticket=DIcxhh3e9yE%3d&portalid=0 Title IV and ADA Compliance – Compliant Regarding any related lawsuits, complaints, or investigations in the past year. None, there have not been any lawsuits or complaints reported to the City of Seal Beach within the last year alleging Title VI discrimination based on race, color, or national origin, and/or any lawsuits or complaints specific to the Americans with Disability Act. Project Need Select the condition that best describes the project need. Choose one. Check the appropriate box below as applicable. One box must be checked. ☒ Existing transportation or paratransit service is not enough to meet current need, or replacement equipment is needed to maintain service. ☐ Existing transportation or paratransit service does not meet the needs of the target population. Transportation Needs Assessment Describe transportation gaps for seniors and individuals with disabilities in the service area, including why existing public , paratransit, or private services do not fully meet those needs. Reference relevant needs identified in the 2024 Human Services Transportation Coordinated Plan (Coordinated Plan) where applicable The existing public transit or paratransit services have routes that do not include regions for some residents of Seal Beach. Our transportation services provide service in these “gap” regions. In addition, some additional concerns when respondents were asked, “When you miss or are unable to make a trip, what are the most frequent reasons ?” (Section 3, Figure 20, p.49 in OCTA Human Services Transportation Coordination Plan), were not owning a car, not having anyone to provide a ride, and the cost being too high. Our services are all “free of cost”, we have planned fixed routes for routine and scheduling, and curb to curb cab services. The City currently provides free of cost transportation services to seniors of Seal Beach through our Senior Mobility Program (SMP) in collaboration with Orange County Transit Authority. With out the EMSD Grant Program, the transportation services are only provided to seniors based on program eligibility in conjunction with the SMP Program. With the EMSD Grant Program, the city will be able to expand our transportation services to our residents with disabilities. The proposed project will provide safe, reliable, and timely transportation for the seniors and individuals with disabilities of the City of Seal Beach. The City of Seal Beach services a large senior population with roughly 44% of the population being 65 y ears and older (current United States Census estimates). Leisure World in Seal Beach has one of the highest densities of the county’s older adult population and those with disabilities (Coordinated Plan, Section 3, Figure 6, p.31). According to the Coordinated Plan, there has been a steady increase of people with disabilities and seniors in Orange County (from 2018 to 2022) (Section 3, Figure 2, p.27; Section 3, Figure 6, p.31). Leisure World has one of the highest population densities in Orange County for seniors over 65 years old, individuals with disabilities, and veterans (Section 3, Figure 3, p.28, Section 3, Figure 7, p.32, Section 3, Figure 9, p.34). As an incorporated city in Orange County, the City of Seal Beach would serve this percentage residing in Seal Beach. City staff has personal experience in communicating with prospective registrants in our program that have been denied access to our program because they are under the age of 60 years old. In these cases, these adults were either retired but under sixty (60) years of age, an individual with a disability, or both. 2026 OC EMSD Program Project Nomination 5 Current Transportation/Service Funding Participation Is the agency receiving other transportation funding for services related to this request? Yes If yes, fill out table. Funding Program Funding Type (Capital / Operating) Annual Award Amount Service Period Is this project related? (Y/N) 2024 EMSD Grant Operating $50,000 (max reimbursement) 07/2025 – 06/2026 Yes Measure M2 – Senior Mobility Program (Project U) Operating $68,060.48 07/2025 – 06/2026 Yes Measure M2 – Community Circulator (Project V) Choose an item. Click or tap here to enter text. Click or tap here to enter text. Choose an item. Other (Specify) Operating $75,577.19 07/2025 – 06/2026 Yes City General Fund 2026 OC EMSD Program Project Nomination 6 Part II – Funding Request 1. Funding Category Select one funding category. Capital and Operating may not be combined in one application. Note: Applicants requesting both categories must submit separate applications. Total EMSD request per agency may not exceed $750,000. CAPITAL OPERATING ☐ Vehicles ☒ Operating Assistance ☐ Equipment ☐ Mobility Management 2. Total Project Expenses Complete one expense table for this application: Enter the total gross cost of the proposed project. Complete only the table for the selected funding category. a. For Capital Projects (Vehicles and/or Equipment Only) Complete section only if applying for Capital. Staff Costs/Contingency may not exceed 10% each of Total Capital Expenses. Expense Category Amount Vehicles Choose an item. $ Click or tap here to enter text. Equipment Choose an item. $ Click or tap here to enter text. Staff Costs (≤10%) (Optional) $ Click or tap here to enter text. Contingency (≤10%) $ Click or tap here to enter text. Total EMSD Project Expenses $ Click or tap here to enter text. b. For Operating Assistance and/or Mobility Management Projects Complete section only if applying for Operating. Indirect Costs/Contingency may not exceed 10% each of Total Operating Expenses. Expense Category Amount Operating Assistance Expansion of Services $ 240,000 Mobility Management Choose an item. $ Click or tap here to enter text. Indirect Costs (≤10%) (Optional) $ Click or tap here to enter text. Contingency (≤10%) $ Click or tap here to enter text. Total EMSD Project Expenses $ 240,000 3. Project Funding Request Enter all funding sources for this project. Total EMSD Project Expenses must match Section 2 Total EMSD Project Expenses. Local Match must meet the minimum requirement and be based off of Total EMSD Project Expenses. Funding Source Amount EMSD Funding Source $ 240,000 Local Match Operating Assistance - 20% $ 48,000 Other Non-EMSD Funding $ Click or tap here to enter text. Total EMSD Project Expenses $ 288,000 4. Request Year Indicate the Fiscal Year (FY 2026/27, 2027/28, or 2028/29): EMSD Requested FY: FY2027/28 2026 OC EMSD Program Project Nomination 7 5. Local Match Source Documentation supporting local match commitments must be attached and must include commitment letters or other documentation verifying the availability of match funds . Add to table as needed. Attachment 3 included? ☐ Yes ☒ No Component: Operating - Operating Assistance Local Match Amount: $ 48,000 Source(s): One Source Source 1: City General Fund Status: Secured Source 2: Click or tap here to enter text. Status: Choose an item. … … Status: Choose an item. 6. Supplemental Detail Provide additional details supporting the selected funding category. Only complete subsection 6a or 6b based on the funding category selected in Section 1. All required attachments must be included for the application to be considered complete. a. For Capital Projects (Vehicles and/or Equipment Only) Vehicle(s) Request Detail Attach vehicle request detail information including, but not limited to: 1. Vehicle Type(s) (Year / Make / Model) 7. Purchase or Leased** 2. Quantity 8. Zero-Emission*** (Optional) – Yes/No 3. Unit Cost 9. Useful Life 4. Total Cost 10. Estimated Annual Passenger Trips and Miles 5. New / Expansion / Replacement 11. Cost-Effectiveness Documentation 6. New or Used* *Used Vehicle Requirements: 1. Less than 3 years old 4. Mechanically inspected 2. Less than 65,000 miles 5. ADA compliant (or modified to be compliant) 3. Under warranty 6. Documentation of price comparison from multiple vendors **Leased Vehicle Requirements: 1. Documentation of price comparison from multiple vendors 2. ADA compliant (or modified to be compliant) ***Zero-Emission Vehicle Requirements (if applicable): • Documentation demonstrating access to appropriate fueling or charging infrastructure. . Equipment Request Detail Attach Equipment request detail information including, but not limited to: 1. Equipment Type(s) 4. Unit Cost 7. New / Expansion / Replacement 2. Components / Description(s) 5. Total Cost 8. Cost-Effectiveness Documentation 3. Quantity 6. Useful Life Attach Capital Acquisition Detail and Cost Effectiveness Documentation. Attachment 4 included? ☐ Yes ☒ No b. For Operating Assistance and/or Mobility Management Projects • If Operating Assistance is selected, the request must support continuation or expansion of an existing service already in operation. New stand-alone operating services are not eligible. • If Mobility Management is selected, the request may support a new project, expansion, or continuation. Scope of Project Operating Assistance - Expansion Detailed Scope Requesting funds to continue current service levels and operations for the Senior Transportation Program, enhanced through 2024 EMSD Grant awards, expanding access individuals with disabilities serviced by our Senior Mobility Program. Current senior transportation services provided under SMP are available to individuals sixty (60) years of age and older. Trips are provided within Orange County, include trips to/from senior centers, city beaches and parks, medical appointments, shopping locations, personal care, and social/ recreational activities. Include Service Period – FY 2027/2028 2026 OC EMSD Program Project Nomination 8 Funded Activities and Associated Costs List each major activity funded under this request with associated cost. Activities should reflect the proposed service/program. • For Operating Assistance, include activities tied to the continuation or expansion of an existing service (e.g., staffing, fue l, contracted service). • For Mobility Management, include activities such as coordination, travel training, outreach, or call center support. • Ensure the subtotal matches Section 2.b. Total Operating Project Expenses. Add to table as needed. Activity Description of Activity Associated Costs Senior Shuttle Fixed Route Shuttle Service $ 231,564 Dial-A-Ride Curb-to-curb cab service $ 32,616 Click or tap here to enter text. Click or tap here to enter text. $ Click or tap here to enter text. … … $ … Subtotal (Must match 2.b. Total Operating Project Expenses) $ 264,180 Provide the anticipated service period. • For Operating Assistance, the service period should reflect the continuation or expansion of an existing service. • For Mobility Management, the service period should reflect when the proposed program will be implemented and active. Service Period Selection: 36 Months Service Period Start: At Specified Date, Include Date Below Specified Date: July 1, 2027 Operating Assistance Documentation Detail If requesting Operating Assistance, demonstrate that the service is currently active. If previously funded by OCTA, provide the OCTA agreement number here: C- 5-4014 V If not previously funded by OCTA, provide alternative documentation demonstrating the service is in operation, such as: 1. Service start date and operating schedule 4. Budget documentation supporting active service 2. Recent service logs (e.g., prior 3 months) 5. Internal or third-party service agreement 3. Board-approved program authorization 6. Payroll or invoice records tied to service delivery Attachment 5 included? ☒ Yes ☐ No If a third-party contractor will be used, provide vendor name and contract period : Contractor Name: Transportation Concepts (Senior Shuttle) OCY Management (Dial-A-Ride Cab Service) Service Period: 5/24/2026 – 5/24/2029 5/24/2026 – 5/24/2029 Mobility Management Documentation Detail If requesting Mobility Management, describe how the program will be implemented and whether services will be provided in - house or by a contractor. Click or tap here to enter text. If expanding or continuing an existing Mobility Management program, briefly describe the current service. Click or tap here to enter text. h 2026 OC EMSD Program Project Nomination 9 Part III – Scored Questions A. Scope of Work, Goals, and Objectives (15 Points) Describe the proposed project and explain how it is consistent with the overall goals of the EMSD Program. Clearly identify a t least one mobility need or strategy from the 2024 Coordinated Plan that the project addresses (e.g., wheelchair -accessible vehicle shortages; limited weekend, evening, or door-to-door service; medical trip demand; limited access to grocery, senior, or social destinations; or geographic service gaps in underserved areas). Reference the applicable goal, objective, or strategy (includ e section/page number). Explain how the project will increase or enhance the availability of transportation for seniors and individuals with disabili ties within the proposed service area. For Operating projects, include the service area, service period (up to two years), target p opulation, and estimated number of individuals served. For Capital projects, describe how the requested vehicles or equipment will expand, improve, or sustain service capacity and include why it is required for New / Expansion / Replacement service. Finally, explain how the project provides transportation -related activities and/or services beyond ADA minimum requirements. The City of Seal Beach proposed Senior Transportation Program project expansion will remain consistent with EMSD objectives and goals and will continue to improve mobility for local seniors while expanding current services for individuals with disabilities in Orange County and the City. These services will supplement services provided through the OCTA Senior Mobility Program, OC Access, and OC Bus fixed-route service. We will continue to promote public agency outreach to senior and disabled patrons with an emphasis in reaching disadvantaged, underrepresented, and/or diverse communities to ensure services will meet their needs. We will continue to prioritize funding for agencies that collaborate through partnerships to create efficiencies and lower operating costs for service, and/or increase vehicle revenue hours beyond the minimum ten hours per week. We will maintain ou r free-of-cost fee structure while maintaining operating hours throughout the week to maximize services provided. Scope of Work: Enhance our current Senior Mobility Program to include individuals with disabilities. Current senior transportation services provided under the Senior Transportation Program/Senior Mobility Program are available to individuals sixty (60) yea rs of age and older. Trips are provided within Orange County, including trips to/from senior centers, medical appointments, shopping, personal care, and social/ recreational activities. This program has two service options. 1. Senior Transportation Shuttle: Free-to-eligible-user 20-passenger shuttle that runs on a fixed route throughout major City stops, including: the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center, & the North Seal Beach Community Center. This shuttle complies with ADA requirements, and can accommodate wheelchairs, scooters, and has a bike rack that can hold two (2) bikes. The shuttle includes 10 unique stops across 4 main attractions within the city. It is operational Monday-Friday, 9:00am- 4:00pm. 2. Dial-A-Ride Cab Service: Free-to-eligible-user cab service that provides pick-up and drop-off transit services to seniors in the City within Seal Beach. On request, riders will be provided with a vehicle that can accommodate mobility devices and/or a lift for scooters and wheelchairs. Riders may travel to any location within Seal Beach, and up to 3 miles outside of the City of Seal Beach (within Orange County) for non-emergency medical needs. It is operational Monday-Friday, 7:30am-5:00pm. Program/Project Goals: To provide safe, reliable, and timely transportation for seniors and individuals with disabilities of the City of Seal Beach. Eligible trips provided under the program are to the following categories: senior/community center, nutrition needs, medical and health needs, personal care, shopping, and social/recreation. social/recreation trips will allow seniors and individuals with disabilities to go to various destinations within the city for passive/active recreational activities to promote a healthy living lifestyle (i.e., parks, the beach, pier, library, our city Farmer’s Market, trails, etc.). Service Area/Eligible Trips: Areas within the City of Seal Beach include; the beach, parks, charity/ social group events, community cultural events, education/employment, family/friends, funeral/memorial service, government office/service, library/museum/historical site, health/medical related needs, movies/theater/concerts, religious institutions, restaurant, sporting/fitness, transit center/hub. Special trip accommodation outside of Orange County: 1) Non-Emergency Medical trips to the Veteran’s Affairs Hospital in Long Beach will be provided; as Seal Beach rests along the Los Angeles and Orange County lines trips (within 3 miles) outside of the city limits will also be provided to service the needs of the veteran population. 2026 OC EMSD Program Project Nomination 10 Service Period: July 2027 – June 2029 Target Population (number of people) in Service Area: 25,242 Estimated Number of Individuals Served: 2,337 Fare Cost/Structure: None. Service is “free-of-cost” to eligible Seal Beach residents. City of Seal Beach Aligned Goals with 2024 OCTA Human Services Transportation Coordinated Plan: Goal #1 – Sustain Existing Services (Section 6, p.96). A: Strategy: Increase or prioritize funding available for capital and operations, first to make existing programs whole and then to enhance services. Our goal is to sustain our existing transportation program and operations that support mobility access for individuals with disabilities. Goal #2 – Enhance Existing Service Coverage, Operating Hours, and Capacity (Section 6, p.96). A: Strategy: Increase funding in general for capital and operations to enhance services . We will continue to operate our transportation services at no cost for the user and enhance services to continue to include individuals with disabilities while maintaining current operating hours: Shuttle services operating Monday through Friday from 9:00am-4:00pm, and the cab service operating Monday through Friday from 7:30am-5:00pm. B: Strategy: Prioritize areas that require new or enhanced service for high demand and underserved populations . Our program provides service to locations that are not regularly serviced by local transit agencies and are in high demand with our resident senior population, with many having disabilities and to continue to include individuals with disabilities that are not 60 years or older. Goal #3 – Improve Rider-Facing Information and Communication (Section 6, p.97). A: Strategy: Provide more comprehensive, up-to-date, and easily understandable rider-facing information online and in print. We will continue to enhance and make our transportation program information easily accessible to riders, both in print and online. This includes on our city website, inside of our shuttle, a quarterly senior newsletter (online and print), print dis tributed in the Leisure World Weekly, handouts available at our senior centers, and community outreach through in-person presentations. We also email and mail applications and documentation upon request for those who do not have means to leave their home or do not have printing capabilities. Goal #4 – Improve Service Quality and Rider Experience (Section 6, p.97). A: Strategy: Explore opportunities to coordinate program eligibility. We will continue to enhance and make our transportation program available to individuals with disabilities , who may otherwise not meet eligibility requirements of being 60 years or older of age. B: Strategy: Improve the safety and security of fixed-route bus stops and designated OC ACCESS stops. We will continue to strive to not have any open ADA or Title IX complaints or cases. We value a high level of customer service, delivery and timing, care between our partners and riders, and take input and rider feedback into concern to better our services and communicate regularly with our providers to ensure compliance with safety practices. Scope of Work, Goals, and Objectives Continued 2026 OC EMSD Program Project Nomination 11 Goal #5 – Increase Number of Service Options (Section 6, p.98). A: Strategy: Provide flexible service options, especially same-day and on-demand services. We will continue to provide two options for our residents with our fixed-route shuttle and cab service. We do not guarantee same-day or on-demand services, but often these requests are accommodated with our cab service frequently (based on demand with existing trips). B: Strategy: Improve coordination of services across county line, especially to medical facilities. We will continue to provide transit to the Long Beach Veterans Affairs Hospital, in Long Beach, located in Los Angeles County. We have a very high veteran population, and often our transportation services are the only way they can reach their medical appointments. Some of these veterans do not meet the age eligibility requirement for regular SMP. C: Strategy: Increase service options for individuals who have disabilities but may not qualify for OC ACCESS or other age - and trip- limited transit services (such as SMP or SNEMT). We have a large population on fixed-income or have disabilities that may not qualify for other paratransit options. We will continue to be able to bridge this gap and provide no cost transportation services to seniors and individuals with disabilities. The City’s project will continue to address the following ADA requirements: • Adequate and accessible rider information (large print, braille, electronic format). • Adequate time to board and exit the vehicle. • Assistance features (lifts, ramps, wheelchair straps) are always functioning. • Properly trained operators and personnel. • Service animals allowed. • Priority seating (pertains to all public transportation methods). In addition, our shuttle service and personnel will personally assist riders getting on and off the shuttle. We are focused on finding opportunities to expand services and shuttle personnel aids with loading/unloading groceries, moving larger/heavier items around, mobility equipment assistance, and directory assistance. Our Dial-A-Ride program provides services above the ADA requirements with respect to curb-to-curb service and same-day transit. The project increases and enhances the availability of transportation (options, frequency, location, ADA capable) for the tar geted population of seniors and individuals with disabilities. We believe that our goals align with the coordinated plan, in that w e will; address identified gaps and barriers, impact the highest number of members of target populations, and maintain a strong poten tial to be funded and implemented over the life of the plan. According to the Orange County Office on Aging Area Plan (Section 1, p.8), recognizes the importance of transportation for older adult wellness and the high cost of housing. This plan highlights the importance of affordable transportation options. Accord ing to the Elder Index, seniors in “good” health renting in Orange County would have to make approximately $32,064 per year, which is 26% above the national average. Our free-of-cost transportation program serves as a valuable quality of life enhancement and provides seniors and individuals with disabilities with an option to be mobile, independent, and address medical and nutritional needs at no cost to them. 2026 OC EMSD Program Project Nomination 12 B. Project Implementation, Delivery Plan, and Ability of Applicant (15 Points) Describe your agency’s capability to successfully implement and deliver the proposed project. Include your organization’s experience providing transportation to seniors and individuals with disabilities (or human/social services experience, if app licable), staffing structure, key personnel, financial and grant management experience, and dispatching capabilities. Provide a detailed delivery and implementation plan. For Operating Assistance or Mobility Management projects, include routes or service area, schedules, service period, current and projected ridership, staffing, marketing/outreach strategies, benchmarks , key milestones, and anticipated deliverables. For Capital projects, describe y our ability to procure, deploy, operate, and maintain vehicles or equipment, including timelines and responsible staff. Describe your driver training program (including orientation, classroom and behind -the-wheel training, testing, ongoing training, sensitivity training, emergency preparedness, first aid, and CPR) and your vehicle maintenance program (including pre -trip/post- trip inspections, preventative and routine maintenance, contingency procedures, and applicable inspection compliance such as CHP, if required). Explain how your current services have met prior performance goals, and how this project will enhance, expand, or improve existing services. Attach optional supporting documentation as applicable (e.g., training materials, maintenance forms, inspection forms – CHP or vehicle inspection reports). Attachment 6 included? ☐ Yes ☒ No We will continue to utilize contracted services for our Transportation Program, with the identical providers of these services for our residents and city, for over the past five (5) years. Our Dial-A-Ride cab service will continue to be provided by OCY Management (formerly Cabco) and our Senior Shuttle service will continue to be operated by Transportation Concepts. We have seen large rises in ridership over this time with an incredibly high customer satisfaction rate on service quality, being kee n on working with seniors and those with disabilities. Factors contributing to this include but are not limited to retention of key staff and familiar drivers working these routes and within the city and caring for our population, open communication between city staff and key personnel with our contractors, as well as on-going experience navigating financial audits, management of grants, and reporting. We will continue to look for ways to improve existing services and processes. Current shuttle fixed-routes and cab parameters, hours of operation, days offered, and free-of-cost fares will remain in place. We will continue to utilize recently expanded marketing efforts to provide awareness of the program. Such efforts include quarterly newsletters, flyer displays, and city staff presentations to the community. Our refined application process has included individuals with disabilities, which have been serviced through the 2024 EMSD Grant Program. We have been able to include individuals with disabilities in addition to our existing senior population utilizing our transportation program. We will have maintain messaging about possible caregivers or aides to ride in company with our individuals with disabilities that require such support. The Senior Shuttle will continue to include ten (10) unique stops across four (4) main destinations within the City while operating Monday-Friday, 9:00am-4:00pm. We will be expanding the shuttle capacity from a 20-passenger shuttle to a 25-passenger shuttle (through our new contract agreement). Riders using the Dial-A-Ride service will be able to travel to any location within Seal Beach, and up to three (3) miles outside of the City of Seal Beach (within Orange County) for non -emergency medical or health needs and may elect to travel to the Veterans Affairs Hospital in Long Beach and to UCI Health of Los Alamitos. The cab service is operational Monday-Friday, 7:30am-5:00pm. As we utilize contracted services for our program, all drivers are required to complete various trainings set by OCY Manageme nt and Transportation Concepts (contracted transit providers). All federal, state, and local requirements as well as Federal Transit Administration, Department of Transportation, and Americans with Disabilities Act requirements are verified between the city, the contractors, and Orange County Transit Authority during our annual Senior Mobility Program audit process. Such training includes driver orientations, classroom and behind-the-wheel training, drug and alcohol testing, ongoing training, sensitivity and disabilities training, emergency preparedness, first aid, and CPR. Our contractors also abide by vehicle maintenance programs with additional requisites set forth by OCTA under SMP. Such mainten ance includes pre-trip/post-trip inspections, preventative and routine maintenance, contingency procedures, and applicable inspection compliance such as with the California Highway Patrol. Our current services have met prior performance goals and have exceeded. We look to continue to enhance customer satisfaction, expand ridership, and improve service delivery. Our transportation program has earned recognition with OCTA with high performance, where city staff was invited to present our program at the latest annual SMP Roundtable to other participating cities within Orange County. 2026 OC EMSD Program Project Nomination 13 Project Implementation, Delivery Plan, and Ability of Applicant Continued 2026 OC EMSD Program Project Nomination 14 C. Coordination Planning, Outreach, and Gap Identification (10 Points) Describe how the proposed project responds to specific transportation gaps identified in the 2024 Coordinated Plan. Identify the relevant goal, strategy, implementation priority, and section/page number. Explain the available non -profit, public transit, fixed- route, and ADA complementary paratransit services in your geographic area, and describe how the proposed project avoids duplication and instead fills unmet needs for seniors and individuals with disabilities. 2024 Coordinated Plan section and page number identified? ☒ Yes ☐ No Describe how the project is coordinated with other public agencies, social service providers, and non -profit partners. List key stakeholders involved and explain coordination activities (e.g., shared vehicles, dispatching, scheduling, maintenance, coord inated client trips, training, referral systems, or joint planning efforts). Attachment 7 (Letters of Support) included? ☒ Yes ☐ No Describe the outreach conducted with seniors and individuals with disabilities to identify mobility needs and how that feedba ck informed the project design. What methods of outreach were utilized to understand needs. Explain how your agency will continue to engage clients to monitor service effectiveness and make adjustments as needed. For public agencies, confirm that a publicly noticed hearing was held, relevant non-profits were notified to ensure coordination and avoid duplication, and required hearing documentation is included. Complete Part IV – Certifications: Public Agency Certification Section. Our proposed continuation of our transportation services with the enhancement of individuals with disabilities addresses spec ific gaps identified in the 2024 Coordinated Plan that have an impact on our residents and rely heavily on our transportation program. We have a resident population that identifies as one or multiple, with overlap, with at risk or in need: with a disability, aged 65 or older, or a veteran (Section 3, Table 3, p.26). We will be able to continue to provide services to these residents that have overlap or one of these high-risk identifiers. With older adult populations steadily increasing in Orange County, this figure will continue to rise. Seal Beach has a very high senior population. According to the Coordinated Plan (Section 3, Figure 2, p.27), the rise in Orange County is higher than that of the state of California , so the residents in our city are more impacted than others across the state. Seal Beach has large densities of seniors 65+ by density (Section 3, Figure 3, p.28), as well as low income (Section 3, Figure 5, p.30). Seal Beach also has a very large density of people with disabilities (Section 3, Figure 7, p.32) and veterans (Section 3, Figure 9, p.34). Sustaining our current transportation services allows the City to provide service to individuals with disabilities, as well as to provide our veterans with transit to their medical needs , which often takes them outside of the County lines. In addition, Seal Beach has very large population densities with individuals with zero vehicle availability (Section 3, Figur e 14, p.39) which makes this program vital to getting around town for various needs. Available Public Fixed-Route Services in the geographic area (Section 2, p.10): 1. OCTA Fixed-Route Services – Section 2, Figure 1, p.12: Has “gap” areas in Seal Beach not served. 2. OCTA OC Flex – Section 2, p.14: Cost based, does not service Seal Beach. 3. OCTA OC ACCESS ADA Paratransit – Section 2, p.15: Cost associated, some may not qualify. 4. Long Beach Transit Fixed-Route Bus – Not mentioned/listed in Coordinated Plan (Los Angeles County borders City), does not provide the option for some to reach the Long Beach VA based on stop locations . 5. Anaheim Transportation Network – Section 2, p.13: Cost based, does not service Seal Beach. Specialized Transportation Services in the geographical area (Section 2, p.15): 1. Senior Non-Emergency Transportation (SNEMT) – Section 2, p.7;16, Section p. 95: Is restricted to only non-emergency medical trips, is limited with one-way trips per month, and rider eligibility can be challenging to navigate and coordinate . Orange County Senior Mobility Program Participating Organizations (Regional and Neighboring Agencies) – Section 2, Table 1, p.17; Section 2, Table 2, p.22-23: 1. Abrazar: has limited options for riders on locations to travel to. 2. Korean American Seniors Association: does not service Seal Beach. 3. Southland Integrated Services Senior Non-Emergency Medical Transportation Program: is cost-based and does not service the City of Seal Beach. 2026 OC EMSD Program Project Nomination 15 There is a large senior population in Seal Beach and an underserved population of individuals with disabilities in Orange Cou nty. Seal Beach has a senior population of roughly 12,974 individuals aged 60 or older, which is about 51% of the total city popul ation, with 19.9% being individuals with disabilities (2024 American Community Survey 5-Year Estimates). The source for readily available public or non-profit transit options is not equitable based on location and affordability. Our senior and disabled population have needs pertaining to their health, nutrition, social activities, doing business, and leisure. Many do not have transportation, available funds, or family or relatives nearby. Referencing “Section 5, Figure 41 – Factors that Would Make it Easier for Survey Respondents to Travel – p.83”. In addition to providing gaps in service areas from other agencies, enhancement to our transportation services addresses common concerns like: door-to-door transportation service, lower cost transportation services, vehicle that has a wheelchair lift or ramp, assistance entering/exiting vehicle or with packages, vehicle that accommodates a foldable mobility device. Stakeholders: The City of Seal Beach, Orange County Transit Authority, Leisure World, Meals on Wheels Orange County, Social Care Workers (on behalf of client), Parking Concepts Inc., and OCY Management Inc. Through our stakeholders, we share information with our senior population here in the City, we report on use and abide to criteria established by OCTA for how we run our SMP, we provide information on programs/admission/assistance with Leisure World Staff, we contract – vehicles (including maintenance, training, testing, service), personnel to drive vehicles, dispatching services for our Dial-A-Ride program. The city handles administrative duties including application management and marketing, reporting, and feedback from residents and/or stakeholders about our services being provided to continue to identify areas to improve. We collaborate with our partners at Leisure World very frequently to ensure quality of service given the large share of riders that are served in this senior community in the city. We have received in-person feedback from residents about the expansion of our senior transportation services to include individuals with disabilities and or adjust the age of eligibility. We have identified that there is a gap in services available for individuals that are considered “senior aged” or specific to some “retirement programs and pensions” that have ranges in age from 55-59 years old. Based on our current requirements, we would not be able to service individuals with disabilities nor seniors under the age of 60. In addition, one of our council members is a Leisure World resident and is a member of the Orange County Older Adults Advisory Commission and can provide updates on the needs of his constituents. Through our outreach and involvement with Leisure World, we also obtain feedback from other residents involved in various “clubs” associated with seni or health inside of the Leisure World community. There is a definite gap in service to our senior “aged” residents with disabilities that are under the age of 60 that are unable to take advantage of our current senior service transportation program. We know that our residents are vocal and active with feedback with their concerns and needs, as also shown by the responses by zip co de who submitted surveys in response, with Seal Beach being one of the largest densities in Orange County (Section 4, Figu re 31, p.66). These responses confirmed large numbers of veterans, those with disabilities, mobility issues, and lack of vehicle access. Coordination Planning, Outreach, and Gap Identification Continued 2026 OC EMSD Program Project Nomination 16 Our transportation program addresses various themes or “Needs” (Section 5, p.93-99) that were identified in Coordinated Plan. #1 – Stabilization and Sustainability of Existing Services Continuation of our current transportation service levels with the expansion to include individuals with disabilities will allow us to continue to provide a stable and sustainable level of high-quality existing reliable transportation services. #2 – Enhanced Existing Service Coverage, Operating Hours, and Capacity The EMSD Grant Program allows our program to continue to fill “gap” areas in geographical coverage, or limited fixed route options. In addition, we have wheelchair-accessible vehicles available for both our fixed-route shuttle and our cab services. #3 – Improved Rider-Facing Information and Communication Our program details are made readily available to our residents through print and digital sources. Our shuttle flyer has maps with arrival times and locations and operates on the same routine route Monday -Friday (flyers also located inside of shuttle). Our cab service provides riders with text message updates and pick-up/arrival times. In addition, our City Staff works closely with our counterparts in Leisure World (Administration and Fleet Services) and our transportation providers, so we maintain accurate and reliable, consistent information for our residents. #4 – Improved Service Quality and Rider Experience We will continue to work towards providing exemplary customer service and work with our partners to ensure rider experiences are positive and that they feel safe, secure, and welcome. #5 – Increased Number of Service Options With our current expansion to include individuals with disabilities as well as seniors, we are being able to increase the cur rently available options for this population to be mobile and allow for extra flexibility for them to take care of their needs. Wit h our program remaining free for our residents, this provides them with the ability to travel while not having to spend additional funds on travel. This is especially important for our seniors and individuals with disabilities that fall into poverty and fixed-income levels. We market our senior transportation services through various marketing measures within the city in print, online, social media, physically on display at City sites, presentations within Leisure World (visually impaired and disabled club) and over the phone. Additionally, we provide marketing material and information with our stakeholders (Leisure World – Leisure World Weekly Newspaper, Orange County Meals on Wheels) to share with their patrons to connect with the city. Our service runs constantly without adjustments, except for: City closures and weekends (which are made known ahead of time). The City will explore other grant and transportation funding areas in addition to the commitment to the allocation of the general funds to support the program. 2026 OC EMSD Program Project Nomination 17 D. Service Impact and Performance Measures (5 Points) Describe the measurable service impacts and expected outcomes of the proposed project. Clearly identify the performance measures your agency will use to track effectiveness, including ridership projections, number of persons served, number and purpose of trips (e.g., medical, grocery, social services), service hours added, geographic coverage improvements, access to high - demand destinations, and other relevant measurable units of service. For Operating or Mobility Management projects, describe how the project will improve frequency, reliability, service span (in cluding weekends or evenings), trip availability, system capacity, customer contacts, travel training, or other applicable service indicators. For Capital projects, describe how new or replacement vehicles and/or equipment will improve service efficiency, reliability, wheelchair-accessible vehicle availability, fleet condition, geographic coverage, or service expansion. If replacing vehicles, exp lain the useful life status, maintenance burden, or service reliability issues being addressed. Provide current baseline conditions and projected outcomes (before and after the project), including anticipated changes in s ervice levels, capacity, or performance. Describe the methodologies and procedures your agency will use to monitor performance, evaluate outcomes, and adjust service as needed. Attach supporting documentation as applicable (e.g., fleet inventory, vehicle condition summary, partnership documentation, service data tables, or other relevant materials). Looking at the possible positive impact on our community, specifically with seniors, individuals with disabilities, and veterans, Sea l Beach has large portions of the population that would benefit from continued expansion of our transportation program. Referencing percentages (2024 American Community Survey 5-Year Estimates) the City of Seal Beach has a median age of 61.5 years of age with a total population of 25,242 residents. Of this resident population there are approximately 12,974 resident s that are 60+, which is about 51% of the total city resident population. Additionally, there are approximate ly 19.9% indicating having a disability, which accounts for approximately 5,023 residents. The city veteran population accounts for approximately 7.4% of the total population, which is about 1,867 residents. Without accounting for overlaps, our program has a wide ability to b enefit large portions of our city, or thousands of residents. We will track the number of applicants indicating a disability through the application process. We will continue to utilize our numbering system to identify riders who indicate having a disability on the record of the individual. This has been a steady process internally since June 2025. We will continue to track one-way trips, service hours, and service miles. Our program will continue to have service stop locations including locations for: senior/community centers, shopping needs, nutrition needs, medical purposes, and personal needs. The continued desired outcome is to: “provide safe, reliable, and timely transportation for the seniors and individuals with disabilities of the City of Seal Beach.” With the added rider share and inclusion of a new set of residents in Seal Beach, we have adjusted the way we are monitoring rider share on the Senior Shuttle and Dial-A-Ride Program. We have developed administrative practices to distinguish between our senior riders and those that have disabilities. 2026 OC EMSD Program Project Nomination 18 Service Impact and Performance Measures Continued Click or tap here to enter text. 2026 OC EMSD Program Project Nomination 19 Service Impact and Performance Measures Continued - Tables CAPITAL – Current Fleet Complete Attachment 8 if requesting Vehicles. Include all existing vehicles relevant to the proposed project. Attachment should include information from the following table if applicable (do not fill table here). Attachment 8 included? ☐ Yes ☒ No Year/Model/Make Milage Purchase or Lease Date 12-Month Maintenance Costs Service Hours / Day Service Days / Week Total Miles Traveled / Service Day CAPITAL – Current Equipment Complete Attachment 9 if requesting Equipment. Include all existing equipment relevant to the proposed project. Attachment should include information from the following table if applicable (do not fill table here). Attachment 9 included? ☐ Yes ☒ No Equipment Type Purpose Age (Years) Manual or Automated Replacement Needed (Y/N) Reason for Replacement OPERATING – Performance Measures Complete the table below if requesting Operating Assistance or Mobility Management funding. Provide current baseline values and projected outcomes with funding. Performance Indicator Current (Baseline) Projected with Funding Annual Change One-Way Trips per Day: 65 71 6 Service Hours per Week: 36.42 39.84 3.42 Weekday Miles: 464.50 508.16 43.66 Weekend Miles: N/A N/A N/A Persons Served Annually: 28,480 31,157 2,677 Medical Trips: 1,994 2,181 187 Wheelchair Accessible Vehicle Trips: 120 131 11 Customer Contacts (if MM): N/A N/A N/A Drivers Trained (if applicable): N/A N/A N/A 2026 OC EMSD Program Project Nomination 20 E. Emergency Planning and Preparedness and Project Readiness (5 Points) Describe your agency’s emergency planning and preparedness policies and procedures, including continuity of operations plans and protocols for serving seniors and individuals with disabilities during emergencies. Explain how your agency coordinates w ith the County Office of Emergency Services and/or local jurisdictions, including identification of accessible vehicles or other transportation resources that may be deployed during an emergency. Indicate whether your agency has participated in Countywide or Citywide emergency drills within the past year and describe yo ur role in those exercises. Describe the readiness of the proposed project, including procurement timelines (if applicable), implementation steps, staffing readiness, and any coordination already completed to ensure timely deployment of services or equipment. Attach supporting documentation as applicable (e.g., emergency plans, MOUs, drill participation records, or vehicle availability coordination). Attachment 10 included? ☐ Yes ☒ No Our contracted stakeholders each have their own individual policies and procedures to address emergency planning and preparedness. Our two contacted providers: Transportation Concepts and OCY Management, are required to submit annual training reports, certifications, and testing protocols. Additionally, the City is a member of California Joint Powers Insurance Authority (CJPIA) and collaborates regularly to remain compliant with risk management best practices. The city actively participates in Countywide emergency training provided by the California Governor’s Office of Emergency Services (Cal OES) and the American Red Cross. City staff also participate in training and classes hosted by the Seal Beach Police Department Emergency Management and Marine Safety, either hosting or informational presses (Natural Disaster Drills, Active Shooter, Workplace Violence, Sheltering, First Aid/CPR/AED). In addition, Seal Beach is also supported by inter-agency coordination between the City of Long Beach, the City of Huntington Beach, the City of Los Alamitos, the United States Naval Special Operations Base, and serviced by Orange County Fire Authority for emergency services. 2026 OC EMSD Program Project Nomination 21 Emergency Planning and Preparedness and Project Readiness Continued Click or tap here to enter text. 2026 OC EMSD Program Project Nomination 24 Attachments All attachments must be clearly labeled and correspond to the attachment number listed in this application. Applicants are re sponsible for ensuring all required attachments are complete and included at the time of submittal. Types of Attachments This application includes two types of attachments: 1. Embedded Attachments (Tables Included in attachments) Attachments 4, 5, 8, and 9 include required tables within this document. • Applicants must complete these tables directly in this application. • Do not upload these as separate files. • These sections are considered part of the main application and will be reviewed accordingly . 2. Supporting Attachments (Upload Required) All other attachments must be provided as supporting documentation. • Clearly name each attachment (e.g., “Attachment 2 – Audited Financial Statement”). • Insert each attachment directly after its corresponding attachment divider page in the final PDF. • Each attachment page serves as a cover/title page for the supporting documentation. Required vs. Optional Attachments Applicants are only required to include attachments that apply to their request. • Capital applicants must complete Attachment 4 and include supporting documentation as applicable . • Operating applicants must complete Attachment 5 and include supporting documentation as applicable . • Attachments such as Letters of Support, Agency Overview, and Emergency Plans are optional but encouraged where relevant. Supporting Documentation For attachments requiring documentation (e.g., financial statements, local match, vehicle quotes, service records): • Include all required backup materials following the corresponding attachment page. • Ensure documentation is clear, legible, and relevant to the request. • Multiple documents may be included under a single attachment section. Final Submission Format Applicants must submit one complete PDF document that includes: 1. Completed application form (including all embedded tables). 2. All required supporting attachments inserted in order after each attachment page. Incomplete applications or missing required attachments may not be considered for funding. 2026 EMSD Grant Program Project Nomination i Attachment 1: Agency Overview Supporting Documentation and Service Area Map – Optional Insert your agency’s overview supporting documentation and service area map after this page. 2026 OC EMSD Program Project Nomination ii Attachment 2: Audited Financial Statement and Title VI and ADA Compliance Insert your agency’s audited financial statement and Title VI and ADA compliance documentation after this page. 2026 OC EMSD Program Project Nomination iii Attachment 3: Local Match Source Documentation Insert your agency’s local match documentation after this page. 2026 OC EMSD Program Project Nomination iv Attachment 4: CAPITAL ONLY – Capital Project Detail and Cost-Effectiveness Documentation Applicants requesting Capital funding (Vehicles and/or Equipment) must complete the applicable table(s) below. • Complete Vehicle Table if requesting vehicles • Complete Equipment Table if requesting equipment • Complete both if requesting both Provide sufficient detail to demonstrate cost-effectiveness, useful life, and how the request supports new, expanded, or replacement service. This attachment is required for Capital applications. Add to table(s) as needed. 2026 EMSD Grant Program Project Nomination v Vehicle Request Detail Table Vehicle Type (Year/Make/Model) Quantity Unit Cost ($) Total Cost ($) New / Expansion / Replacement New or Used1 Purchase or Lease2 Zero- Emission (Y/N)3 Useful Life (Years/Miles) Est. Annual Passenger Trips Est. Annual Miles Cost Effectiveness Justification (Y/N)4 1. Used vehicle requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only). 2. Leased vehicle requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only). 3. Zero-emission access demonstration requirements apply (See Part II – Funding Request 6. Supplemental Detail a. For Capital Projects (Vehicles and/or Equipment Only). 4. Include cost effectiveness documentation directly after this page. Equipment Request Detail Table Equipment Type Description / Components Quantity Unit Cost ($) Total Cost ($) New / Expansion / Replacement Useful Life (Years) Cost- Effectiveness Justification (Y/N)5 5. Include cost effectiveness documentation directly after this page. 2026 EMSD Grant Program Project Nomination vi Attachment 5: OPERATING ONLY – Operating Assistance Documentation Detail Applicants requesting Operating Assistance funding must complete the table below to demonstrate that the proposed service is currently active. All applicants requesting Operating Assistance must complete this table and include supporting documentation, as applicable. Insert documentation directly after this attachment page in the final PDF. 2026 EMSD Grant Program Project Nomination vii Operating Assistance Verification Table Requirement Provided (Y/N) Brief Description (if applicable) Service Start Date Y Current 2024 EMSD Grant Agreement ends on June 30, 2027 – per the extension. Operating Schedule (Days/Hours) Y Shuttle: Mon.-Fri., 9:00am-4:00pm Cab: Mon.-Fri., 7:30am-5:00pm Recent Service Logs (last 3 months) Y Ridership Reports from May, June, July 2026 Board-Approved Program Authorization Y Current Agreement AGMT C-5-4014 V in place with 2024 EMSD Grant Budget Documentation Supporting Active Service Y EMSD Invoices for May, June, July 2026 Internal or Third-Party Service Agreement Y Current Agreements with Transportation Concepts and OCY Management LLC Payroll or Invoice Records Supporting Service Delivery Y Provider Invoices for May, June, July 2026 Service Start Date Y Start date of July 1, 2025 Additional Notes (Optional) Click or tap here to enter text. Supporting Documentation Guidance Applicants must provide documentation demonstrating that the service is currently in operation , include directly after this page. Examples include: • Service schedules or program start date records • Recent trip logs or service reports • Board approvals or program authorization documents • Budget or financial records supporting the service • Contracts or agreements (if applicable) • Payroll or invoices tied to service delivery 2026 EMSD Grant Program Project Nomination viii Attachment 6: Operational Policies (Driver Training / Maintenance / Inspections) – Optional Insert your agency’s operational policies documentation after this page. 2026 OC EMSD Program Project Nomination ix Attachment 7: Letters of Support Insert your agency’s letters of support after this page. 2026 OC EMSD Program Project Nomination x Attachment 8: Existing Transportation-Related Service(s) – Vehicles Insert your agency’s local match documentation after this page. 2026 EMSD Grant Program Project Nomination xi Attachment 8: Existing Transportation-Related Service(s) – Vehicles Year/Model/Make Milage Purchase or Lease Date 12-Month Maintenance Costs Service Hours / Day Service Days / Week Total Miles Traveled / Service Day 2017 Ford Elkhart (Shuttle) 155,196 June 2017 N/A 6 5 74 2025 Toyota Sienna (cab - 437) 31,949 Jan. 2026 N/A 9.5 5 18.9 2026 EMSD Grant Program Project Nomination xii Attachment 9: Existing Transportation-Related Service(s) – Equipment Insert your agency’s local match documentation after this page. 2026 EMSD Grant Program Project Nomination xiii Attachment 9: Existing Transportation-Related Service(s) – Equipment Equipment Type Purpose Age (Years) Manual or Automated Replacement Needed (Y/N) Reason for Replacement 2026 EMSD Grant Program Project Nomination xiv Attachment 10: Emergency Planning and Preparedness Supporting Documentation – Optional Insert your agency’s emergency planning and preparedness and supporting documentation after this page. 2026 OC EMSD Program Project Nomination xv Attachment 11: Private Non-profit Agency – Corporation Status Inquiry Documentation Insert your agency’s corporation status inquiry documentation after this page. Applicable to private non-profit organizations only. 2026 OC EMSD Program Project Nomination xvi Attachment 12: Public Agency Eligibility Documentation Insert your agency’s public agency eligibility documentation after this page. Applicable to public agencies only. 2026 OC EMSD Program Project Nomination xvii Attachment 13: Coordinated Plan Population Density Maps: Seniors, Disabled, Veterans Insert supplemental attachments after this page. Add to as needed. City of Seal Beach Community Services and Recreation Department 211 8TH Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1307 Seal Beach Transportation Program Application Enhanced Mobility for Seniors and Adults with Disabilities Requirements for Admission Incomplete applications will NOT be processed • The participant must be a current resident of the City of Seal Beach. • Provide proof of residency: utility bill, home insurance, deed, or acceptable documentation with name and address clearly indicated. • Provide a copy of your personal photo identification card: driver’s license or identification card, or a government issued ID. • Individuals under 60 years of age require a Physician’s Letter submitted with the application documenting self-stated disability. Application Submission: via email to: tmarocco@sealbeachca.gov OR in person or by mail to: City of Seal Beach, 211 8th Street, Seal Beach, CA, 90740 ** Please note: Leisure World residents may provide their Golden Rain Foundation ID in lieu of documentation to prove residency. ** Participant Information First Name: Under 60 Years Old? Yes No Birth Date (MM/DD/YY): Last Name: Gender: Address: Phone: Email: Emergency Contact Information First & Last Name: Relationship: Phone: Email: First & Last Name: Relationship: Phone: Email: Mobility Information Does the participant have any physical or functional limitations, impairment, or restrictions? If yes, please describe: Does the participant require a mobility device or special mobility assistance equipment? Yes No Cane Walker Scooter Wheelchair Other:__________________ Will a personal care attendant or assistant be traveling with The participant? Yes No Will the participant require door-to-door assistance? Yes No Release I hereby wave the right to make any claims against the City of Seal Beach, its officers, agents, employees, and volunteers from any and all claims, damages, liability, bodily injury, death, expenses, and judgments, including attorney fees, expert witness f ess, and court costs in any way arising from my (and personal care attendant) participation from the City of Seal Beach’s Senior Transportation Program. This waiver is given in partial consideration for permission granted by the City of Seal Beach to participate in the Program. I further understand that the City does not provide any form of insurance for program participants (and personal care attendants). I have read and understand this release from liability. My signature verifies all information in this application to be true. Signature: __________________________________________________________ Date: ________________________________________ FOR OFFICIAL CITY USE ONLY SB ID #: Date Assigned: Hours of Operation: Monday—Friday, 7:30 AM—5:00 PM  Call toll free: (877) 224-8294 (24-hours or more in advance).  Provide the operator with your ID number (SBXXXX).  Request “Round Trip” if you need a ride back home.  Provide a pick-up date and time.  Provide a pick-up and drop-off location.  Please note any special accommodations you require to the operator, like assistance to the vehicle or having a mobility device. It is recommended to reserve trips well in advance from the date needed. It is also suggested to provide a conservative pick up time if unsure to prioritize your reservation ahead of “new” requests. *Same day reservations cannot be guaranteed, but may be accommodated based on availability* Seal Beach Transportation Program Dial-A-Ride Service The City of Seal Beach Transportation Program includes our free of cost Dial-A-Ride Cab Service. This ser- vice operates Monday—Friday, providing transit throughout the City of Seal Beach. Cab service, upon request, can accommodate wheelchairs, scooters, other mobility devices. For eligibility of this service, you must be a Seal Beach resident, be 60+ years old, and be pre-registered with the City of Seal Beach with an assigned ID Number (SBXXXX) ready to provide to the driver, to ride. Riders may travel to any location within Seal Beach, and up to three (3) miles outside City limits (within Orange County) - for non-emergency medical or health needs. Users are eligible to travel to the VA Hospital in Long Beach and UCI Health, Los Alamitos (off Katela Ave.) Reserving a Ride Contact Us City of Seal Beach California Yellow Cab Tatiana Marocco, Recreation Specialist Reservations: (877) 224-8294 Email: tmarocco@sealbeachca.gov Phone: (562) 431-2527 ext. 1307 or 1390 Address: 211 8th Street, Seal Beach, CA 90740 The City of Seal Beach Transportation Program includes our free of cost Senior Shuttle Service. This shuttle operates on a fixed route throughout major City stops including; the Seal Beach Pier, Leisure World, the Rossmoor Shopping Center, and the North Seal Beach Community Center. This (twenty) 20 passenger capacity Shuttle can accommodate wheelchairs, scooters, other mobility devices, and has a bike rack that can hold two (2) bikes. For eligibility of this service, you must be a Seal Beach resident, be 60+ years old, and be pre-registered with the City of Seal Beach with an assigned ID Num- ber (SBXXXX) ready to provide to the driver, to ride. ALL passengers MUST sign-in when boarding the shuttle. Can my caregiver ride along? Why do I need to sign-in to ride the shuttle? Yes, each registered user can bring one (1) caregiver. Our Transportation Program receives grant funding to support total cos ts, and riders signing in is a requirement (for reporting purposes) to ensure continued receipt of these dollars. Can I wave the shuttle down if I’m not at a designated pick-up/drop-off location? No, the shuttle will only stop at the designated locations so please plan accordingly. When can I expect the shuttle in Leisure World? The listed time on the schedule is the when the shuttle is expected to be at St. Andrews Gate (the 1st of 4 stops in Leisure World) and riders can expect the shuttle at the other stops a few minutes after the scheduled time. When can I expect the shuttle at the Shops at Rossmoor? The listed time on the schedule is the when the shuttle is expected to be at Ralph’s (the 1st of 4 stops in the shopping center), and riders can expect the shuttle at the other stops minutes after the scheduled time. Why can’t the shuttle take me to a location outside of Seal Beach? The shuttle will only go to the designated locations in the City (fixed route). Is 4:00pm the last pick up or when the service ends? Service ends at 4:00pm, making the 3:00pm loop the final loop. Make sure to plan accordingly. Example: If you are going to Ralph’s and need a return trip, plan on being at the Ralph’s pick-up location no later than 3:40pm for the last trip going back. What if I miss the last pick up? The shuttle service is done at 4:00pm, so you may need to find an alternate ride home, like using the Dial -A-Ride Service if the shuttle is missed. Senior Shuttle Frequently Asked Questions Seal Beach Transportation Program Senior Shuttle Service Registration: To register, please submit a completed Transportation Program Application. This application can be found online at: www.sealbeachca.gov under Senior Services or Forms. You may also pick up the application in-person at City Hall, re- quest receipt by email or physical mail. Completed applications must include photo identification for proof of Seal Beach residency and date of birth (Driver’s License, State or Government issued ID) along with proof of residency (Utility Bill, Deed, etc.). For Leisure World residents only, you may elect to provide your Golden Rain Foundation ID Card for proof of residency in lieu of a document. Completed applications can be delivered in -person at City Hall, mailed, or emailed. City of Seal Beach Leisure World Residents Tatiana Marocco, Recreation Specialist Robann Arshat, Member Resource Liaison Email: tmarocco@sealbeachca.gov Email: rarshat@lwsb.com Phone: (562) 431—2527 ext. 1307 or 1390 Phone: (562) 431-6586 ext. 2317 Address: 211 8th Street, Seal Beach, CA 90740 Member Resources Building to submit your application and ID Leisure World Shops at Rossmoor Ralph’s Target Sprouts NSBC SB Pier Hours of Operation: Monday - Friday, 9:00 AM - 4:00 PM The Senior Shuttle runs each day from 9:00am to 4:00pm. Each day begins and ends at Leisure World. All of the times listed below are approximate. There will be no rides from 12:00pm to 1:00pm for lunch break. The shuttle will finish driving to all designated stops in Leisure World at both 12pm & 4pm to drop off riders only. Leisure World Stops: Shops at Rossmoor Stops: 1. St. Andrews Gate 1. Ralph’s 2. St. Andrews/Golden Rain 2. Target 3. Amphitheater 3. Sprouts 4. Interlachen/Del Monte 4. N. SB Community Center Shuttle Stops & Approximate Pick Up Times Shuttle Stops going toward Pier Shuttle Stops going toward Shops at Rossmoor Shops at Rossmoor Leisure World SB Pier Pavilions Leisure World 9 am 9:15 am 9:20 am 9:25 am 9:40 am 10 am 10:15 am 10:20 am 10:25 am 10:40 am 11 am 11:15 am 11:20 am 11:25 am 11:40 am 12 pm* 1 pm 1:15 pm 1:20 pm 1:25 pm 1:40 pm 2 pm 2:15 pm 2:20 pm 2:25 pm 2:40 pm 3 pm 3:15 pm 3:20 pm 3:25 pm 3:40 pm 4 pm* *12pm & 4pm: LW Drop off Only Amphitheater Interlachen/Del Monte St Andrews/Golden Rain St Andrews Gate Shuttle Stop Scheduled Shuttle Stop Shuttle Route Direction of Travel (northbound) Direction of Travel (southbound) Pavilions E Service Map, Stop Locations, and Route Times City of Seal Beach µ Legend City Boundary 0 5,000 10,0002,500 Feet Source Info: City Boundary layer from Orangey County LAFCO 2015Map by Grant T. (November 2015) City of Seal Beach Transit Complaint Form Department of Recreation and Community Services The Department of Recreation and Community Services is inclusive and accessible; we offer diversity of experience and value environmental stewardship and personal development with efforts to ensure that all programs, services, activities, and benefits are implemented in a non-discrimination manner. Any person who believes that he or she, individually, or as a member of any specific class of persons, has been subjected to discrimination based on race, color, national origin may file a written complaint within 180 days after the date of the alleged discrimination with the City of Seal Beach, the FTA or the Secretary of Transportation. Please provide the following information: Your Name: Phone Number: Street Address: City: State: Zip Code: Person(s) discriminated against (if someone other than complainant): Street Address: City: State: Zip Code: Date of Incident: ____________________________________ Which of the following best describes the reason for the alleged discrimination took place (circle one) • Race • Color • National Origin (Limited English Proficiency) If you are unable or incapable of providing a written statement but wish the City of Seal Beach to investigate alleged discrimination; a verbal complaint of discrimination may be made. Please contact (562) 431-2527 and speak with a City Representative. The complainant will be interviewed by an appropriate official authorized to receive complaints. If necessary, the official will assist you in converting verbal complaints to writing. Translation services will be provided for all complainants, as necessary. All complaints must, however, be signed by the complainant or his/her representative. Please describe the alleged discrimination incident. Provide the names and titles of all employees involved if available. Explain what happened and whom you believe was responsible. Please use the back of this form if additional space is required. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Please mail your complaint form directly to the City of Seal Beach to the following address: City of Seal Beach Department of Recreation and Community Services 211 8th Street Seal Beach, CA 90740 Have you filed a complaint with any other federal, state, or local agency? (Circle one) Yes/No Agency: Contact Person: Street Address: City: State: Zip Code: Agency: Contact Person: Street Address: City: State: Zip Code: I affirm that I have read the above charge and that it is true to the best of my knowledge, information, and belief. __________________________________________________________________________________ Complainant’s Signature Date Leisure World Shops at Rossmoor Ralph’s Target Sprouts NSBC SB Pier Hours of Operation: Monday - Friday, 9:00 AM - 4:00 PM The Senior Shuttle runs each day from 9:00am to 4:00pm. Each day begins and ends at Leisure World. All of the times listed below are approximate. There will be no rides from 12:00pm to 1:00pm for lunch break. The shuttle will finish driving to all designated stops in Leisure World at both 12pm & 4pm to drop off riders only. Leisure World Stops: Shops at Rossmoor Stops: 1. St. Andrews Gate 1. Ralph’s 2. St. Andrews/Golden Rain 2. Target 3. Amphitheater 3. Sprouts 4. Interlachen/Del Monte 4. N. SB Community Center Shuttle Stops & Approximate Pick Up Times Shuttle Stops going toward Pier Shuttle Stops going toward Shops at Rossmoor Shops at Rossmoor Leisure World SB Pier Pavilions Leisure World 9 am 9:15 am 9:20 am 9:25 am 9:40 am 10 am 10:15 am 10:20 am 10:25 am 10:40 am 11 am 11:15 am 11:20 am 11:25 am 11:40 am 12 pm* 1 pm 1:15 pm 1:20 pm 1:25 pm 1:40 pm 2 pm 2:15 pm 2:20 pm 2:25 pm 2:40 pm 3 pm 3:15 pm 3:20 pm 3:25 pm 3:40 pm 4 pm* *12pm & 4pm: LW Drop off Only Amphitheater Interlachen/Del Monte St Andrews/Golden Rain St Andrews Gate Shuttle Stop Scheduled Shuttle Stop Shuttle Route Direction of Travel (northbound) Direction of Travel (southbound) Pavilions E Service Map, Stop Locations, and Route Times Page 1 of 1 CITY HALL 211 EIGHTH STREET SEAL BEACH, CALIFORNIA 90740 (562) 431-2527 • www.sealbeachca.g ov August 12, 2026 Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Subject: Letter of Support for the City of Seal Beach's 2026 Enhance Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program Application Dear OCTA Grant Committee, I am writing on behalf of the City of Seal Beach in support of the City's application for the Enhanced Mobility for Seniors and Individuals with Disabilities Program grant. Seal Beach has a significant portion of seniors that make up our population, which makes our transportation program especially vital in our city. Our senior population utilizes the City’s shuttle and cab services to get around town, go shopping, take care of their nutritional needs, get to medical appointments, or socialize. This program has been instrumental in ensuring that seniors in Seal Beach have access to reliable and convenient transportation. This service has not only enhanced their mobility but also significantly improved their quality of life. The proposed grant will continue the City's efforts to provide efficient and accessible transportation for seniors, with the inclusion of individuals with disabilities. We firmly believe that the City of Seal Beach is a deserving candidate for this grant. Improving the lives of seniors is commendable and aligns with the goals of the OCTA's program. We are confident that the grant will significantly enhance the City's capacity to serve its senior citizens and individuals with disabilities, thereby making a positive difference in their lives. Thank you for considering our application. Sincerely, Lisa Landau Mayor City of Seal Beach CC: City of Seal Beach City Council August 4, 2026 Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Re: Letter of Support for the City of Seal Beach's Grant Application Dear OCTA G rant Committee, I am writing on behalf of Meals on Wheels Orange County, a non-profit organization dedicated to providing free lunch meals to seniors in the City of Seal Beach. We are proud to support the City's application for the Enhanced Mobility for Seniors and Individuals with Disabilities Program grant. Our organization has witnessed firsthand the significant impact of the City's senior transportation system. A large number of seniors who benefit from our program rely on this system to reach us. It has proven to be an essential service, enhancing the mobility of our seniors, and by extension, their quality of life. The proposed grant will undoubtedly bolster the City's efforts to provide efficient and accessible transportation for seniors and individuals with disabilities. This aligns perfectly with our mission at Meals on Wheels Orange County, as it would enable more seniors to access our services and participate in community life. We firmly believe that the City of Seal Beach is a deserving candidate for this grant. Their commitment to improving the lives of seniors and individuals with disabilities is commendable and aligns with the goals of the OCTA's program. Thank you for considering our letter of support. We are confident that the grant will significantly enhance the City's capacity to serve its senior citizens and individuals with disabilities, thereby making a positive difference in their lives. Please feel free to contact Alejandro Lupercio at alupercio@mealsonwheelsoc.org if you require any additional information or have further questions. Sincerely, Alejandro Lupercio Vice President Social Services Meals on Wheels Orange County Direct 714-823-3290 1 Jeffrey J. Mulqueen 13660 Annandale Dr., 21F, Seal Beach, CA 90740 August 14, 2026 Nathan Caukin Recreation Specialist 211 Eighth Street Seal Beach, CA 90740 ncaukin@sealbeachca.gov Dear Mr. Caukin, I am writing this letter of support to help ensure the continuity and any possible expansion of programs supporting accessibility and mobility for seniors and individuals with disabilities who live at Leisure World Seal Beach and in the general population of Seal Beach. Leisure World (LW) Seal Beach is a 55+ community of approximately 9,600 seniors who reside in its 6,608 homes. Our LW population represents approximately one third of the 28,000 total population of Seal Beach and is a substantial share of Seal Beach’s senior population. Disability prevalence rises notably with age, with nearly 44% of adults 65 and older reporting some form of disability, which is significantly higher than the national average for all adults. According to the CDC’s Behavior Risk Factor Surveillance System (BRFSS) data, about 28.7% of U.S. adults report some functional disability, while this rate increases to approximately 44% for adults aged 65 and older. Seniors often experience limitation in mobility as a consequence of the impact of physical and cognitive disabilities, with mobility disabilities being the most common. The prevalence of disabilities further climbs in adults over 75 years of age, where nearly half report at least one disability. These data confirm my daily experiences, observations, and interactions as a resident of Leisure World Seal Beach and in my role as President of Leisure World’s Board of Directors. Seal Beach leverages the Enhanced Mobility Program to provide specialized transportation services that help seniors and individuals with disabilities access essential services, social activities, and healthcare. The Enhanced Mobility of Seniors and Individuals with Disabilities (EMSD) Program in Orange County is based on the federal FTA Section 5310 program, which funds transportation projects aimed at improving mobility for older adults and people with disabilities when regular public 2 transit is unavailable or insufficient. The City of Seal Beach operates a Senior Transportation Services program that consists of two main offerings. The Senior Shuttle Service is a fixed-route, 20 passenger shuttle equipped with wheelchair access. The shuttle runs through key city locations including the Seal Beach Pier, Leisure World, Rossmoor Shopping Center and the North Seal Beach Community Center. It operates Monday through Friday from 9:00 AM to 12:00 PM, and from 1:00 PM to 4:00 PM. The Dial-A-ride Service, provided by California Yellow Cab, is a reservation-based curb- to-curb service for travel within Seal Beach city limits and up to three miles outside for non-emergency medical trips. Accessible destinations include VA Long Beach and UCI Health-Los Alamitos. Hours are Monday through Friday, 7:30 AM to 5:00 PM, with reservations required at least 24 hours in advance. By implementing the EMSD Program, Seal Beach has improved accessibility and mobility for seniors and individuals with disabilities, enabling residents to safety reach healthcare appointments, community centers, grocery stores, and social events. This program embodies the federal and state goals of Section 5310 to reduce transportation barriers, enhance independence, and support quality of life for vulnerable populations. The EMSD Program is a dependable source of transportation for residents at Leisure World whose need for accessibility and mobility grows as they age. Your effort to continue accessibility and mobility supports makes a positive difference for seniors and individuals with disabilities who reside in Seal Beach. Sincerely yours, Jeffrey J. Mulqueen President of the Golden Rain Foundation Aug 18 26,08:46a Anna DerbY -!'re Go tj.:n eg; i:CU!.rlri'.iCF iS e ;' rinPf 'J:,'-,i:ha:rt able :,-r'\:!l : i:ari(Cr'r if i: it;air.j '{,) sgisrr,.J Leisure ',i!ciri: siia.ehcidei's C ri lU'i.rCSil .S lC n-al.i(-, CUr r;C:I 1t:'!Ut ltt? a betler an.: happier piac+, in ',.,,':i;tr ic lr,.,e :;- :li,X: Ji-:: :i;: :i91:', '.lA :).';'lr'j ::52i i,:--;;i',i, ._-: - .. i--r1-r-.--i 562-598-6796 p2 Augusl 17 ,2026 Oran ge Curnty Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Subiect Letter of Support for the City of Seal Beach's 2026 Enhance Mobilily for Seniors and lndividuals with Disabitities (EMSD) Grant Program Application Dear OCTA Grant Committee, I am writing on behalf of the Golden Age Foundation, a non-profit organization that serves the Leisure World commtmity in Seal Beach. lts purpose is to make our community a better and happier place in which to live, and all Golden Age programs are provided free to Leisure World shareholders, as the Foundation ls entirely staffed by volunteers" We stand in support of the City's application for lhe Enhanced Mobility for Seniors and lndividuals with Disabilities P rogram Grant. We know firsthand some of the challenges our community faces with mobility, getting lo medical appointments, shopping for nutritional and home needs, and the fee8ng of being independent. The City's transportation program provides our community with reliable transportation with lhe shutda and cab services year- round. This program is an incredibly valuable resoure,e to our seniors and individuals with disatilities. The proposed grant \^,ill strengthen the City's commitmenl to providing eflicient and accessible transportation for senrors and individuals with disabilities. These efforts align with our commitment to enhancing the quality of life of our residents. We firmly believe that the City of Seal Beach is a deserving candidate for this grant. lrnproving the lives of seniors and individuals with disabilities is an admirable cause and aligns with lhe goals of the OCTAs program. Thank you for considering our letter of support. We are confidenl thal the grant will significanUy enhanc€ the City's capacity to serve its senior citizens and individuals wilh drsabililies, thereby making a positive difference in theh lives. Y' President Goldan Age Foundation i t 1 I t I I I ! I ] i :,'.' ; t', ato ; o e i BC e f a i. or q r,,1riii1'1 1\51- i '.'i..,:.. : ,,. ;r..il it. Y. N O T I C E O F P U B L I C H E A R I N G NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a public hearing on Monday, September 14, 2026, at 7:00 p.m. or soon thereafter in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: Authorization to Source Grant Funding for Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD). The City Council will consider the authorization for Community Services and Recreation to source federal funds under the Orange County Enhanced Mobiity for Seniors and Individuals with Disabilities Grant (formerly FTA Section 5310 Program) administered by the Orange County Transportation Authority (OCTA). Applicant: City of Seal Beach Subject Location: City-wide PUBLIC COMMENT: At the above time and place all interested persons or agencies providing similar services in the geographical area may be heard if so desired. If you wish to submit comments on the Public Hearing item via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos. All email comments the City Clerk receives before the start of the meeting will be posted on the City’s website and distributed to City Council. Email comments received after 5pm will be posted on the City’s website and forwarded to the City Council after the meeting. For more information or assistance with submitting your comments to the City Council, please see the meeting agenda or contact the City Clerk at (562) 431-2527 Ext. 1305 or via email at gharper@sealbeachca.gov. FURTHER INFORMATION: Persons with questions about the EMSD Grant should contact Nathan Caukin at 562-431-2527, ext. 1390 or ncaukin@sealbeachca.gov. Name: Shaun Temple Title: Community Development Director City of Seal Beach Will be Submitted to the SUN Newspaper this 20th day of August 2026 August 20, 2026 Seal Beach Sun Newspaper Attention: Legal Advertising 1500 Pacific Coast Highway Suite G Seal Beach, CA 90740 Public Notice Ordinance 1729 (SB 1485) Ordinance 1730 (SB 1486) Notice of Public Hearing – EMSD Grant (SB 1487) For publication on August 27, 2026, pursuant to the agreement dated May 15, 1989. Please provide one (1) galley proof prior to publication and one (1) proof of publication to the attention of the City Clerk of the City of Seal Beach. Please submit invoices to the City of Seal Beach, attention of the City Clerk. Thank you, Brandon DeCriscio Deputy City Clerk RESOLUTION XXXX A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE APPLICATION FOR AND RECEIPT OF GRANT FUNDS FOR THE 2026 ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES (EMSD) GRANT PROGRAM WHEREAS, the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program call for projects (call) intends to support the needs of seniors beyond traditional public transportation, and for individuals with disabilities beyond that required by the Americans with Disabilities Act (ADA); and, WHEREAS, the EMSD Grant Program offers grant opportunities to non -profit organizations (non-profits) and local public agencies to help meet these needs; and, WHEREAS, the 2026 EMSD call will make up to $5.85 million in local funds available for eligible and high scoring projects. Funding availability is based on the Federal Transit Administration (FTA) Section 5310 Program apportionment to OCTA and is subject to change; and, WHEREAS, all projects proposed and considered for funding are required to be included in the 2024 Humas Services Transportation Coordination Plan (Coordinated Plan). Under FTA guidelines, the Coordinated Plan is required to be updated every four years; and, WHEREAS, the City of Seal Beach, does not have non-profit agencies that are readily available to provide the proposed service; and, WHEREAS, the City of Seal Beach desires to pursue enhancement to the current Senior Transportation Services Program; and, WHEREAS, the City of Seal Beach commits to and agrees to fully support intentions to meet the transportation needs of older adults and people with disabilities when services are unavailable, insufficient, or inappropriate. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. City of Seal Beach staff is directed to submit the grant application package to the Orange County Transit Authority to provide documentation for award in the amount of $240,000 over a 36-month period, to allocate to expansion of transportation services for seniors and individuals with disabilities. SECTION 2. The City Manager of the City of Seal Beach, or designee, is directed to execute, in the name of the City of Seal Beach, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 XXXX on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeti ng held on the 14th day of September 2026. Gloria D. Harper, City Clerk OCTA Human Services Transportation Coordinated Plan November 2024 27 Exclusive Groups Population In poverty, age 65 or older, and a veteran 1,949 With a disability, age 65 or older, and a veteran 22,845 In poverty, with a disability, age 65 or older, and a veteran 1,351 Total unique individuals with one or more focus characteristics 911,154 Total population (all PUMAs in OC) 3,182,954 *All data variables were from ACS 5-Year Estimates PUMS (2021) Older Adults As shown in Figure 2, the population of people ages 65 and older has been steadily increasing in Orange County since 2018. In 2018, there were 440,488 older adults, which has increased to 488,359 in 2022, or approximately 15.5% of Orange County’s population. The growth from 2018 to 2022 shows an increase of nearly 11%. The percent of individuals ages 65 and older throughout Orange County has remained approximately 0.3-0.5% higher than that of the state of California. Figure 2. Orange County Older Adult Population Compared to California, 2018- 2022 OCTA Human Services Transportation Coordinated Plan November 2024 28 Older adults live in higher densities in certain areas of Orange County, including areas with large senior living housing developments. The highest density senior populations tend to be located south of I-5 and north of Highway 55, with one exception being the Laguna Woods and Laguna Hills areas where several large assisted living facilities are located. Figure 3. Senior (65+) Population Density by Census Tract (2022 ACS 5-Year Estimates) OCTA Human Services Transportation Coordinated Plan November 2024 32 Figure 7. People with Disabilities Population Density by Census Tract (2022 ACS 5-Year Estimates) OCTA Human Services Transportation Coordinated Plan November 2024 34 Figure 9. Veteran Population Density by Census Tract (2022 ACS 5-Year Estimates) Agenda Item O AGENDA STAFF REPORT DATE:September 14, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411. BACKGROUND AND ANALYSIS: The 18” diameter LCWA Watermain serves as one of the City's primary transmission facilities and provides critical redundancy for conveying potable water to Old Town and other portions of the service area. Failure of this pipeline could significantly impact the City's ability to maintain reliable water service, fire flow capacity, and operational flexibility during emergency conditions. Given the age and condition of the pipeline, proactive rehabilitation is more cost-effective than continued emergency repairs and reduces the risk of service disruptions. Given the condition of the watermain infrastructure and the frequency of main breaks within this area, the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 (Project), was programmed into the Capital Page 2 2 3 5 6 Improvement Program (CIP) to extend the pipeline’s serviceable life. Relining of the existing watermain was evaluated as the most cost-effective approach for extending the useful life of the facility while minimizing environmental impacts, construction duration, and overall project costs compared to full replacement. With the construction contract now awarded, the total construction-phase budget, including construction support and contingency, is estimated at $3,765,411. The Drinking Water State Revolving Fund (DWSRF) program is administered by the State Water Resources Control Board (Water Board) and provides favorable financial assistance for eligible drinking-water infrastructure projects. The program is intended to support projects that protect public health, improve water-system reliability, and assist water agencies in financing necessary capital improvements. The Water Board approved the Project for low-interest DWSRF financing. Construction Installment Sale Agreement No. D2502060 (Agreement) includes the following principal terms: Financing Term Provisions Initial Amount $3,175,000 Interest Rate 2.1% Repayment Term 30 years Repayment Source Water Enterprise Fund revenues Disbursement Method Reimbursement of eligible project expenditures Repayment Annual interest payments during construction and until one year after project completion; principal and interest payments begin one year after completion. Prepayment Prepayment requires prior written consent from the Water Board. Administrative Service Charge/Drinking Water Small Community Emergency Grant Fund Charge If applicable, charged in lieu of, and not in addition to, the stated interest obligation, as provided in the Agreement. The financing is reimbursement-based. The City will initially pay eligible project invoices and then submit reimbursement requests to the Water Board. Staff will coordinate project expenditures and reimbursement requests to maintain sufficient Water Enterprise Fund cash flow throughout construction. The proposed DWSRF financing would: • Provide a below-market interest rate compared with conventional municipal debt; • Spread project costs over the useful life of the rehabilitated pipeline; • Reduce the immediate use of Water Enterprise Fund reserves; Page 3 2 3 5 6 • Preserve cash for operations, emergencies, and other planned capital improvements; • Support the City's long-term water-system reliability and capital improvement objectives. The financing obligation will be repaid solely from Water Enterprise Fund revenues. No General Fund revenues will be pledged for repayment of the loan. Further, the Water Enterprise Fund will pay for the project and all requirements of the loan agreement (i.e., O&M requirements, monitoring and reporting requirements, etc.) the Water Board has indicated that it expects general funds to be available (but not obligated) to pay for obligations of the agreement unrelated to the loan’s repayment. The Agreement reflects an initial financing amount of $3,175,000 based on the preliminary Project estimates. Following award of the construction contract, the estimated construction-phase budget increased to $3,765,411. Staff therefore recommends authorizing the City Manager, or designee, to submit a Final Budget Approval (FBA) request to increase the available financing by $590,411, for a total amount of $3,765,411. 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 a financing agreement with Water Board will not have a significant effect on the environment. Further, this agreement qualifies for the exemption applicable to government financing mechanisms. The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b) of the CEQA Guidelines because this project is an alteration of a publicly owned utility facility involving negligible expansion of existing use. LEGAL ANALYSIS: The City Attorney and the City’s Financial Advisor have reviewed the Agreement as to form. The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: Subject to Water Board approval of the FBA request, DWSRF financing of up to $3,765,411 would be available for eligible Project costs. The financing is structured as a reimbursement program. Sufficient funds are included in the Fiscal Year 2026-27 Water Capital Improvement Program to cash- Page 4 2 3 5 6 flow project expenditures before reimbursement is received from the Water Board. No additional City appropriations are being requested under this action. Actual debt service will be based on the final amount disbursed and will be incorporated into future Water Enterprise Fund operating budgets in accordance with the repayment schedule. There is no anticipated impact to the General Fund. RECOMMENDATION: That the City Council adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7819 B. Water Board Agreement No. D2502060 RESOLUTION 7819 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO A CONTRUCTION INSTALLMENT SALE AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD TO FINANCE THE LCWA WATERMAIN LINING – TRENCHLESS TECHNOLOGY IMPROVEMENTS PROJECT, CIP WT2103 WHEREAS, the City of Seal Beach desires to rehabilitate and upgrade certain portions of the City’s water pipeline infrastructure; and, WHEREAS, the LCWA Watermain serves as one of the City’s primary water transmission facilities and provides critical redundancy for conveying potable water to Old Town and other portions of the City’s water service area; and, WHEREAS, the LCWA Watermain is prone to watermain breaks due to its age and it is more cost effective to rehabilitate the LCWA Watermain than to continue to rely on emergency repairs to ensure the LCWA Watermain maintains reliable water service; and, WHEREAS, on March 18, 2026, the City solicited bids for a LCWA Watermain infrastructure repair project, the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 (Project); and, WHEREAS, on June 22, 2026, through Resolution 7801, the City awarded a Public Works Agreement to T.E. Roberts, Inc. for the Project and determined the Project was exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1, Subsection (b) because the Project is an alteration of a publicly owned utility facility involving negligible expansion of existing use; and, WHEREAS, the California State Water Resources Control Board (Water Board) has created the Drinking Water State Revolving Fund (DWSRF) to finance and provide loans for infrastructure improvements to support drinking water systems and maintain compliance with Safe Drinking Water Act requirements; and, WHEREAS, public agencies interested in receiving funding through the DWSRF program for drinking water systems infrastructure improvements may award construction contracts prior to executing any finalized financing agreement with the Water Board; and, WHEREAS, on June 27, 2022, the City Council passed Resolution 7307 to authorize City staff to submit an application to the Water Board for a DWSRF loan to provide funding for the Project; and, WHEREAS, City staff and the Water Board have finalized a Construction Installment Sale Agreement, Agreement No. D2502060 (Agreement), included as Exhibit A to this Resolution, to provide financing for the Project in the form of a loan in the amount of $3,175,000; and, WHEREAS, the City desires to increase the loan amount to $3,765,411, subject to approval by the State Water Board; and, WHEREAS, the City desires to authorize the City Manager to enter into the Agreement with the Water Board on behalf of the City and to take any additional actions as necessary to carry out the requirements of the Agreement. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council finds that all recitals set forth above are true and correct, and incorporates them herein by this reference. Section 2 . Approves the Installment Sale Agreement with the Water Board, as set forth in Exhibit A, attached hereto, to provide financing for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103, in the form of a loan in the amount of $3,175,000. Section 3. Approves an adjustment to loan amount if approved by the State Water Board for a total amount of up to $3,765,411, and authorizes revisions to the Construction Installment Sale Agreement to incorporate such adjusted loan amount. Section 4. Authorizes the City Manager to execute the Agreement , Exhibit A, with the State Water Board on behalf of the City and any amendments or extensions thereafter. Section 5. Authorizes the City Manager , or designee, to take all actions necessary to carry out the requirements of the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7819 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026. Gloria D. Harper, City Clerk Exhibit A Construction Installment Sale Agreement DRINKING WATER CITY OF SEAL BEACH AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD CONSTRUCTION INSTALLMENT SALE AGREEMENT PROJECT NO. 3010041-001C LCWA WATERMAIN LINING PROJECT AGREEMENT NO. D2502060 PROJECT FUNDING AMOUNT: $3,175,000 ESTIMATED REASONABLE PROJECT COST: $3,175,000 ELIGIBLE WORK START DATE: AUGUST 16, 2022 ELIGIBLE CONSTRUCTION START DATE: DATE OF EXECUTION OF THIS AGREEMENT COMPLETION OF CONSTRUCTION DATE: DECEMBER 31, 2028 FINAL REIMBURSEMENT REQUEST DATE: JUNE 30, 2029 FINAL PAYMENT DATE: DECEMBER 31, 2058 RECORDS RETENTION END DATE: DECEMBER 31, 2064 THIS PAGE INTENTIONALLY LEFT BLANK City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page i of iv i AGREEMENT ............................................................................................................................................... 1 1. AUTHORITY.......................................................................................................................................1 2. INTENTION........................................................................................................................................1 3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. ................................... 1 4. PARTY CONTACTS ........................................................................................................................... 3 5. DEFINITIONS. .................................................................................................................................... 3 EXHIBIT A – SCOPE OF WORK ................................................................................................................ 10 A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. ........................................ 10 A.2. STANDARD PROJECT REQUIREMENTS. ..................................................................................... 10 A.2.1 Acknowledgements. ................................................................................................................................. 10 A.2.2 Reports ..................................................................................................................................................... 10 A.2.2.1 Progress Reports. ............................................................................................................................. 10 A.2.2.2 Project Completion Report. ............................................................................................................. 11 A.2.2.3 As Needed Reports. ......................................................................................................................... 11 A.2.2.5 DBE Good Faith Efforts and Reports for SRF Projects. .................................................................. 11 A.2.3 Signage. ................................................................................................................................................... 11 A.2.4 Commencement of Operations. ............................................................................................................... 12 A.3 DATES & DELIVERABLES. ............................................................................................................. 12 A.4 SCHEDULE. ..................................................................................................................................... 12 EXHIBIT B – FUNDING TERMS ................................................................................................................. 14 B.1. FUNDING AMOUNTS AND REIMBURSEMENTS ...................................................................... 14 B.1.1 Funding Contingency and Other Sources. ............................................................................................... 14 B.1.2 Estimated Reasonable Cost......................................................................................................................14 B.1.3 Project Funding Amount. ......................................................................................................................... 14 B. 1.5 Budget Costs. ........................................................................................................................................... 14 B.1.6 Contingent Disbursement. ....................................................................................................................... 15 B.1.7 Reimbursement Procedure. ...................................................................................................................... 15 B.1.8 Withholding of Disbursements. ............................................................................................................... 16 B.1.9 Fraud and Misuse of Public Funds; Enforcement. ................................................................................... 17 B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE ............................................. 17 B.2.1 Project Costs. ........................................................................................................................................... 17 B.2.2 Estimated Principal Payment Due. .......................................................................................................... 18 B.2.3 Interest Rate and In-Lieu of Interest Charges. ......................................................................................... 18 B.2.4 [Reserved.] ............................................................................................................................................... 18 B.2.5 Obligation Absolute. ................................................................................................................................ 18 B.2.6 Payment Timing. ...................................................................................................................................... 18 B.2.7 Pledged Revenues. ................................................................................................................................... 19 B.2.7.1 Establishment of Enterprise Fund and Reserve Fund. ......................................................................... 19 B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. ............................................................ 19 B.2.7.3 Application and Purpose of the Enterprise Fund. ................................................................................ 19 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page ii of iv ii B.2.8 No Prepayment........................................................................................................................................20 B.2.9 Reserve Fund. .......................................................................................................................................... 20 B.3 RATES, FEES AND CHARGES. .....................................................................................................20 B.4 ADDITIONAL DEBT.........................................................................................................................20 B.5 NO LIENS. ........................................................................................................................................ 21 EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS .................................................. 22 C.1 REPRESENTATIONS & WARRANTIES. ..................................................................................... 22 C.1.1 Application and General Recipient Commitments. ................................................................................. 22 C.1.2 Authorization and Validity...................................................................................................................... 22 C.1.3 No Violations. .......................................................................................................................................... 22 C.1.4 No Litigation. ........................................................................................................................................... 22 C.1.5 Property Rights and Water Rights. .......................................................................................................... 23 C.1.6 Solvency and Insurance. .......................................................................................................................... 23 C.1.7 Legal Status and Eligibility. ..................................................................................................................... 23 C.1.8 Financial Statements and Continuing Disclosure. ................................................................................... 23 C.1.9 System Obligations .................................................................................................................................. 23 C.1.10 No Other Material Obligations. ............................................................................................................... 23 C.1.11 Compliance with State Water Board Funding Agreements. .................................................................... 23 C.2 DEFAULTS AND REMEDIES ...................................................................................................... 23 C.2.1 Return of Funds; Acceleration; and Additional Payments. ...................................................................... 24 C.2.3 Administrative remedies. ......................................................................................................................... 24 C.2.4 Judicial remedies. .................................................................................................................................... 24 C.2.5 Termination.............................................................................................................................................. 24 C.2.6 Damages for Breach of Tax-Exempt Status. ............................................................................................ 25 C.2.7 Damages for Breach of Federal Conditions. ............................................................................................ 25 C.2.8 Remedies and Limitations. ...................................................................................................................... 25 C.2.9 Non-Waiver. ............................................................................................................................................ 25 C.2.10 Status Quo. ............................................................................................................................................... 25 C.3 STANDARD CONDITIONS .................................................................................................................. 25 C.3.1 Access, Inspection, and Public Records...................................................................................................25 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. ................... 26 C.3.3 Amendment. ............................................................................................................................................ 27 C.3.4 Assignability. ........................................................................................................................................... 27 C.3.5 Audit. ....................................................................................................................................................... 27 C.3.6 Bonding. .................................................................................................................................................. 27 C.3.7 Competitive Bidding ................................................................................................................................ 28 C.3.8 Compliance with Applicable Laws, Rules, and Requirements. ............................................................... 28 C.3.9 Computer Software. ................................................................................................................................. 28 C.3.10 Conflict of Interest. .................................................................................................................................. 28 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project .................. 28 C.3.12 Data Management. ................................................................................................................................... 28 C.3.13 Disputes. .................................................................................................................................................. 28 C.3.15 Environmental Clearance. ........................................................................................................................ 29 C.3.16 Governing Law. ....................................................................................................................................... 29 C.3.17 Income Restrictions. ................................................................................................................................ 29 C.3.18 Indemnification and State Reviews. ........................................................................................................ 29 C.3.19 Independent Actor. .................................................................................................................................. 30 C.3.20 Integration. ............................................................................................................................................... 30 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page iii of iv iii C.3.21 Leveraging Covenants.............................................................................................................................30 C.3.22 No Discrimination. .................................................................................................................................. 31 C.3.23 No Third Party Rights. ............................................................................................................................. 31 C.3.24 No Obligation of the State. ...................................................................................................................... 32 C.3.25 Notice. ...................................................................................................................................................... 32 C.3.26 Operation and Maintenance; Insurance....................................................................................................34 C.3.27 Permits, Subcontracting, and Remedies...................................................................................................35 C.3.28 Professionals. ........................................................................................................................................... 35 C.3.29 Prevailing Wages. .................................................................................................................................... 35 C.3.30 Public Funding. ........................................................................................................................................ 35 C.3.31 Recipient’s Responsibility for Work. ...................................................................................................... 35 C.3.32 Related Litigation. ................................................................................................................................... 36 C.3.33 Rights in Data..........................................................................................................................................36 C.3.34 State Water Board Action; Costs and Attorney Fees. .............................................................................. 36 C.3.35 Timeliness. ............................................................................................................................................... 36 C.3.36 Unenforceable Provision. ......................................................................................................................... 36 C.3.37 Venue. ...................................................................................................................................................... 36 C.3.38 Waiver and Rights of the State Water Board. .......................................................................................... 36 C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS .......................................................... 37 C.4.1 [Reserved.] ............................................................................................................................................... 37 C.4.2 State Cross-Cutters. ................................................................................................................................. 37 C.4.3 Federal Requirements and Cross-Cutters for SRF Funding. .................................................................... 38 EXHIBIT D – SPECIAL CONDITIONS ........................................................................................................ 43 EXHIBIT E – PAYMENT SCHEDULE ......................................................................................................... 44 EXHIBIT F – TAX CERTIFICATE ............................................................................................................... 45 F.1 Purpose. ........................................................................................................................................... 45 F.2 Tax Covenant. .................................................................................................................................. 45 F.3 Governmental Unit. .......................................................................................................................... 45 F.4 Financing of a Capital Project. ......................................................................................................... 45 F.5 Ownership and Operation of Project. ............................................................................................... 45 F.6 Temporary Period. ............................................................................................................................ 45 F.7 Working Capital. ............................................................................................................................... 46 F.8 Expenditure of Proceeds. ................................................................................................................. 46 F.9 Private Use and Private Payments. ................................................................................................. 46 F.10 No Sale, Lease or Private Operation of the Project. .................................................................... 46 F.11 No Disproportionate or Unrelated Use. ........................................................................................ 47 F.12 Management and Service Contracts. ........................................................................................... 47 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page iv of iv iv F.13 No Disposition of Financed Property. ........................................................................................... 47 F.14 Useful Life of Project. ................................................................................................................... 47 F.15 Payments......................................................................................................................................47 F.16 No Other Replacement Proceeds.................................................................................................48 F.17 No Sinking or Pledged Fund. ........................................................................................................ 48 F.18 Reserve Amount. .......................................................................................................................... 48 F.19 Reimbursement Resolution. ......................................................................................................... 48 F.20 Reimbursement Expenditures. ..................................................................................................... 48 F.21 Change in Use of the Project. ....................................................................................................... 48 F.22 Rebate Obligations. ...................................................................................................................... 49 F.23 No Federal Guarantee. ................................................................................................................. 49 F.24 Amendments. ................................................................................................................................ 49 F.25 Reasonable Expectations. ............................................................................................................ 49 F.26 Assignment. .................................................................................................................................. 49 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 1 of 49 SRF 24ix2025 AGREEMENT 1. AUTHORITY. (a) The State Water Resources Control Board (State Water Board) is authorized, and implements its authority, to provide financial assistance under this Agreement pursuant to Section 116760 et seq. of the Health and Safety Code, and Resolution Nos. 2025-0014 and 2024-0029. (b) The Recipient is authorized to enter into this Installment Sale Agreement (Agreement) pursuant to Resolution No. 7307. 2. INTENTION. (a) The Recipient desires to receive financial assistance for and undertake work required for the drinking water construction Project according to the terms and conditions set forth in this Agreement. (b) The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project in the amount set forth in Exhibit B, according to the terms and conditions set forth in this Agreement, with the expectation that the Recipient shall repay all of the financial assistance to the State Water Board. (c) The Recipient intends to evidence its obligation to submit Payments to the State Water Board and secure its obligation with Net Revenues of its water enterprise, as set forth in Exhibit B, according to the terms and conditions set forth in this Agreement. (d) The Recipient intends to certify and evidence its compliance with the Tax Covenants set forth in Exhibit F. 3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties without further action on the part of the Recipient or the State Water Board. (b) Subject to the satisfaction of all conditions precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board. Conditions precedent are not limited to the following: i. The Recipient must deliver to the Division a resolution authorizing this Agreement. ii. The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date. (d) This Agreement includes the following exhibits and attachments thereto: City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 2 of 49 SRF 24ix2025 i. EXHIBIT A – SCOPE OF WORK ii. EXHIBIT B – FUNDING TERMS iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS v. EXHIBIT E – PAYMENT SCHEDULE vi. EXHIBIT F – TAX CERTIFICATE (e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D: i. the Final Plans & Specifications, dated March 17, 2026, which are the basis for the construction contract to be awarded by the Recipient; ii. the Drinking Water System Permit No. 05-08-03P-016, and any amendments thereto; iii. the Recipient’s Reimbursement Resolution No. 7308 dated June 27, 2022; iv. the Recipient’s Tax Questionnaire dated August 16, 2022. v. the federal Davis-Bacon requirements. By accepting this Agreement, the Recipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements for EPA Subrecipients | US EPA (https://www.epa.gov/grants/dbra- requirements-epa-subrecipients). The Recipient shall ensure that the following language is included in all contracts and subcontracts funded under this Agreement: By accepting this contract, the contractor acknowledges and agrees to the terms and conditions provided in the Contract Provisions for Davis-Bacon and Related Acts | US EPA (https://www.epa.gov/grants/contract-provisions-davis-bacon-and- related-acts). (For reference, see also https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/davisbacon.ht ml.) (f) This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 3 of 49 SRF 24ix2025 4. PARTY CONTACTS State Water Board City of Seal Beach Section: Division of Financial Assistance Name: Tatiana Guillen, Project Manager Name: Patrick Gallegos, City Manager Address: 1001 I Street, 16th Floor Address: 211 8th Street City, State, Zip: Sacramento, CA 95814 City, State, Zip: Seal Beach, CA 90740 Phone: (916) 449-5295 Phone: (562) 431-2527 x1308 Email: tatiana.guillen@waterboards.ca.gov DrinkingWaterSRF@waterboards.ca.gov Email: pgallegos@sealbeachca.gov The Recipient may change its contact upon written notice to the Division, which notice shall be accompanied by authorization from the Recipient’s Authorized Representative. The State Water Board will notify the Recipient of any changes to its contact. While the foregoing are contacts for day-to-day communications regarding Project work, the Recipient shall provide official communications and events of Notice as set forth in Exhibit C to the Division’s Deputy Director. 5. DEFINITIONS. Unless otherwise specified, each capitalized term used in this Agreement has the following meaning: “Additional Payments" means the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. “Agreement” means this agreement, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title. "Bank" means the California Infrastructure and Economic Development Bank. “Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be funded with Bond Proceeds. “Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds. "Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Payments paid hereunder. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 4 of 49 SRF 24ix2025 “Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit E. "Code" as used in Exhibit F of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder. "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement. “Cover Page” means the front page of this Agreement. “Days” means calendar days unless otherwise expressly indicated. “Debt Service” means, as of any date, with respect to outstanding System Obligations and, in the case of the additional debt tests in Exhibit B of this Agreement, any System Obligations that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other System Obligations to the State Water Board, calculated with the following assumptions: a. Principal payments (unless a different subdivision of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments; b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation; c. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of SOFR, or its successor index, during the 24 months preceding the date of such calculation; d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement; e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subdivisions (b) or (c) of this definition of Debt Service; f. Payments of principal and interest on a System Obligation are excluded from the calculation of Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such System Obligations; g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years or the Useful Life of the financed asset, and interest may be calculated according to subdivisions (b)-(e) of this definition of Debt Service, as appropriate. “Deputy Director” means the Deputy Director of the Division. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 5 of 49 SRF 24ix2025 “District Office” means District Office of the Division of Drinking Water of the State Water Board. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder. “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder. “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Event of Default” means the occurrence of any of the following events: a) Failure by the Recipient to make any payment required to be paid pursuant to this Agreement, including Payments; b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement. d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if any, in Exhibit B or Exhibit D of this Agreement; e) Failure to operate the System or the Project without the Division’s approval; f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; g) The occurrence of a material breach or event of default under any System Obligation or Material Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption; h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing; i) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or j) Loss of the Recipient’s rights, licenses, permits, or privileges necessary for the operation of the System or the Project, or the occurrence of any material restraint on the Recipient’s enterprise by a government agency or court order. “Final Payment Date” is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified on the Cover Page of this Agreement. “Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this Agreement, after which date, no further Project Funds disbursements may be requested. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 6 of 49 SRF 24ix2025 "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable law. "Force Account" means the use of the Recipient's own employees, equipment, or resources for the Project. “GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. “Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule 15c2-12, any of the events required to be reported with respect to such System Obligation pursuant to Rule 15c2-12(b)(5). “Material Obligation” means an obligation of the Recipient that is material to this transaction, including System Obligations. “Maximum Annual Debt Service” means the maximum amount of Debt Service due on System Obligations in a Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and within the next five years in which Debt Service for any System Obligations will become due. "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year. "Obligation" means the obligation of the Recipient to make Payments (including Additional Payments) as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit B and in the documents thereby incorporated by reference. "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. “Parity Obligation” means a debt obligation of the Recipient on parity with this Obligation The Recipient’s Parity Obligations are these: 2025 Loan, pursuant to Loan Agreement dated as of February 19, 2025, and amended as of July 22, 2026, by and between the City of Seal Beach and Orange County Water District. “Payment” means any payment due to the State Water Board from the Recipient pursuant to this Agreement. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 7 of 49 SRF 24ix2025 "Policy" means the State Water Board's “Policy for Implementing the Drinking Water State Revolving Fund,” as amended from time to time, including the Intended Use Plan in effect as of the execution date of this Agreement. “Project” means the Project financed by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein. "Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first. "Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, and may include capitalized interest. “Project Funds” means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement. “Recipient” means the City of Seal Beach. “Records Retention End Date” means the last date that the Recipient is obligated to maintain records and is set forth on the Cover Page of this Agreement. “Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board. “Reimbursement Resolution” means the Recipient’s reimbursement resolution identified and incorporated by reference in this Agreement. “Reserve Fund” means the reserve fund required pursuant to Exhibit B of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including (i) all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and (ii) all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from a. the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, b. any refundable deposits made to establish credit, and c. advances or contributions in aid of construction. For the avoidance of doubt, refundable deposits and advances or contributions are not included in the definition of Revenues. “Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 8 of 49 SRF 24ix2025 “Senior Obligation” means a debt obligation of the Recipient that is senior to this Obligation. There are no Senior Obligations. “SRF” means the Drinking Water State Revolving Fund. “State” means State of California. “State Water Board” means the State Water Resources Control Board. “Subordinate Obligation” means a debt obligation of the Recipient that is subordinate to this Obligation. There are no Subordinate Obligations. “System” means all drinking water collection, pumping, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the Recipient, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “System Obligation” means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation, any Parity Obligation, any Subordinate Obligation, and such additional obligations as may hereafter be issued in accordance with the provisions of such obligations and this Agreement. “Useful Life” means the economically useful life of the Project beginning at Completion of Construction and is set forth in Exhibit A. “Year” means calendar year unless otherwise expressly indicated. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 9 of 49 SRF 24ix2025 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CITY OF SEAL BEACH By:____________________________________ Name: Patrick Gallegos Title: City Manager Date:__________________________________ STATE WATER RESOURCES CONTROL BOARD: By:____________________________________ Name: Michael Downey Title: Acting Deputy Director Division of Financial Assistance Date:__________________________________ City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 10 of 49 Exhibit A EXHIBIT A – SCOPE OF WORK A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. (a) The Project is the project set forth on the Cover Page of this Agreement. (b) The Useful Life of this Project is at least 30 years. (c) Project Purpose and Description The funding under this Agreement will be used to rehabilitate approximately 4,000 linear feet of leaking pipeline and upgrade existing valves to achieve compliance with California Waterworks Standards. (d) Scope of Work. The Recipient agrees to do the following: The Recipient will rehabilitate approximately 4,000 linear feet of 18-inch diameter waterline. The Recipient will utilize trenchless Cured-In-Place Pipeline technology method, requiring the excavation of access pits for installation and upgrade of two existing valves. A.2. STANDARD PROJECT REQUIREMENTS. A.2.1 Acknowledgements. The Recipient shall include the following acknowledgement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: “Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California’s Drinking Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.” A.2.2 Reports A.2.2.1 Progress Reports. (a) The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. (b) The Recipient must provide a progress report with each reimbursement request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. (c) A progress report must contain the following information: City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 11 of 49 Exhibit A i. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed; ii. A description of compliance with environmental requirements; iii. A listing of change orders including amount, description of work, and change in contract amount and schedule; and iv. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. A.2.2.2 Project Completion Report. (a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following: i. Description of the Project, ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings. A.2.2.3 As Needed Reports. The Recipient must provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. A.2.2.4 [Reserved.] A.2.2.5 [Reserved.] A.2.3 Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and shall maintain the sign in good condition for the duration of the construction period. The sign must include the following disclosure statement and color logos (available from the Division): a. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 12 of 49 Exhibit A b. “Funding for this $3,175,000 LCWA Watermain Lining Project has been provided in full or in part by the Drinking Water State Revolving Fund through an agreement with the State Water Resources Control Board. California’s Drinking Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds.” c. The Project sign may include another agency's required promotional information so long as the above logos and disclosure statement are equally prominent on the sign. The sign shall be prepared in a professional manner. A.2.4 Commencement of Operations. Upon Completion of Construction of the Project, the Recipient must expeditiously initiate Project operations. A.3 DATES & DELIVERABLES. (a) Time is of the essence. (b) The Recipient must expeditiously proceed with and complete construction of the Project. (c) The following dates are established as on the Cover Page of this Agreement: i. Eligible Work Start Date ii. Eligible Construction Start Date iii. Completion of Construction Date iv. Final Reimbursement Request Date v. Records Retention End Date vi. Final Payment Date (d) The Recipient must award the prime construction contract timely. (e) The Recipient agrees to start construction no later than six (6) months after execution of this Agreement. (f) The Recipient must deliver any request for extension of the Completion of Construction date no less than 90 days prior to the Completion of Construction date. (g) The undisbursed balance of this Agreement will be deobligated if the Recipient does not provide its final reimbursement request to the Division on or before the Final Reimbursement Request Date. A.4 SCHEDULE. Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to Project Completion. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final reimbursement request prior to the Final Reimbursement Request Date set forth on the Cover Page. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 13 of 49 Exhibit A ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE DATE ESTIMATED DUE DATE SCOPE OF WORK 1 Completion of Construction December 31, 2028 N/A REPORTING 1 Progress Reports N/A Quarterly 2 Final Project Inspection and Certification N/A Upon completion of the Project 3 Project Completion Report N/A June 30, 2029 4 As Needed Information and Reports N/A As Requested by Division BUDGET COSTS AND REIMBURSEMENT 1 First Reimbursement Request No later than 90 days from Agreement Execution Date N/A 2 Final Budget Approval Package N/A August 31, 2026 3 Reimbursement Requests N/A Quarterly 4 Final Reimbursement Request June 30,2029 N/A City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 14 of 49 Exhibit B EXHIBIT B – FUNDING TERMS B.1. FUNDING AMOUNTS AND REIMBURSEMENTS B.1.1 Funding Contingency and Other Sources. (a) If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. (b) If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's share of Project Costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board to be applied to Payments due hereunder, if any. B.1.2 Estimated Reasonable Cost. The estimated reasonable cost of the total Project, including associated planning and design costs is three million one hundred and seventy-five thousand dollars and no cents ($3,175,000). B.1.3 Project Funding Amount. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement. B.1.4 [Reserved.] B. 1.5 Budget Costs. (a) Estimated budget costs are contained in the Summary Project Cost Table below: The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts. Construction of the Project may be completed in phases with written approval of the Division. If construction proceeds under separate phases, the Recipient must submit a Final Budget Approval package and receive Final Budget Approval from the Division for each phase. ITEM DESCRIPTION TOTAL ESTIMATED COST DWSRFFUNDING AMOUNT A Construction $2,700,000 $2,700,000 B Pre-Purchased Material / Equipment $0 $0 C Real Property or Easement Acquisition $0 $0 D Change Order Contingency $325,000 $325,000 E Force Account $0 $0 F Allowances (Soft Costs) $150,000 $150,000 TOTAL $3,175,000 $3,175,000 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 15 of 49 Exhibit B Upon written request by the Recipient, the Division may adjust the line items of the budget at the time of Division’s Final Budget Approval(s). Upon written request by the Recipient, the Division may also adjust the line items of the budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the budget that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in the budget approved through the Final Budget Approval process must not exceed the Project Funding Amount. The Division may also propose budget adjustments. (b) Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment. B.1.6 Contingent Disbursement. (a) The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. (b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. (c) Construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient for the corresponding costs. (d) No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement. (e) Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement. (f) Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds. (g) The Recipient agrees to ensure that its final reimbursement request is received by the Division no later than the Final Reimbursement Request Date. If the final reimbursement request is not received timely, the undisbursed balance of this Agreement will be deobligated. (h) The Recipient is not entitled to interest earned on undisbursed funds. B.1.7 Reimbursement Procedure. Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows: (a) Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed. To be eligible for reimbursement, Project City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 16 of 49 Exhibit B Costs, including any planning and design allowance costs, must have been incurred in compliance with all applicable requirements, including the state and federal cross-cutting requirements listed in Exhibit C. (b) The Recipient must submit a reimbursement request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late reimbursement requests may not be honored. (c) The Recipient may request reimbursement of eligible construction and equipment costs consistent with budget amounts approved by the Division in the Final Budget Approval. (d) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of reimbursement request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A. (e) The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement request. Supporting documentation (e.g., receipts) must be submitted with each reimbursement request. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed reimbursement request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed. Reimbursement requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division. (f) The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future disbursements. (g) The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable. (h) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (i) No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. Failure to comply with this restriction may result in termination this Agreement, pursuant to Exhibit C. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. as of the date costs are incurred by the Recipient. B.1.8 Withholding of Disbursements. Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events: City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 17 of 49 Exhibit B (a) The Recipient’s failure to maintain reasonable progress on the Project as determined by the Division; (b) Placement on the ballot or passage of an initiative or referendum to repeal or reduce the Recipient’s taxes, assessments, fees, or charges levied for operation of the System or payment of debt service on System Obligations; (c) Commencement of litigation or a judicial or administrative proceeding related to the Project, System, or Revenues that the State Water Board determines may impair the timely satisfaction of Recipient’s obligations under this Agreement; (d) Any investigation by the State Water Board, District Attorney, California State Auditor, Bureau of State Audits, the USEPA Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls; (e) A material adverse change in the condition of the Recipient, the Revenues, or the System, that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement; (f) The Recipient’s material violation of, or threat to materially violate, any term of this Agreement; (g) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents regarding the Project or the System; (h) An event requiring Notice as set forth in Exhibit C; (i) An Event of Default or an event that the Division determines may become an Event of Default. B.1.9 Fraud and Misuse of Public Funds; Enforcement. All requests for reimbursement submitted must be accurate and signed by the Recipient’s Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the repayment of all Project Funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit; refer the matter for appropriate administrative action, including but not limited to the recovery of financial assistance provided and the imposition of civil penalties; and/or refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.) B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE B.2.1 Project Costs. The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs and Additional Payments. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 18 of 49 Exhibit B excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. B.2.2 Estimated Principal Payment Due. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is three million one hundred and seventy-five thousand dollars and no cents ($3,175,000). B.2.3 Interest Rate and In-Lieu of Interest Charges. (a) The Recipient agrees to make all Payments according to the schedule in Exhibit E, and as otherwise set forth herein, at an interest rate of two and ten hundredths percent (2.10%) per annum. (b) Interest will accrue beginning with each disbursement. (c) In lieu of, and not to exceed, interest otherwise due under this Agreement, the Recipient agrees to pay the following charge(s), as further set forth in Exhibit E: an Administrative Service Charge a Drinking Water Small Community Emergency Grant Fund Charge B.2.4 [Reserved.] B.2.5 Obligation Absolute. The obligation of the Recipient to make the Payments and other payments required to be made by it under this Agreement, from the Net Revenues, is absolute and unconditional, and until such time as the Payments and Additional Payments have been paid in full, the Recipient must not discontinue or suspend any Payments or other payments required to be made by it hereunder when due, whether or not the Project, or any related part thereof is operating or operable or has been completed, or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Payments and other payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. B.2.6 Payment Timing. (a) The Recipient must pay interest annually, by December 31st of each year, until one year after Completion of Construction. Beginning no later than one year after Completion of Construction, the Recipient must make annual Payment of the principal of the Project Funds, together with all interest accruing thereon by December 31st. The Recipient must make Payments fully amortizing the total principal of the Project by the Final Payment Date. Payments are based on a standard fully amortized assistance amount with equal annual payments. (b) The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, plus any Charge In Lieu of Interest, less the Payment. Payment calculations will be made beginning one (1) year after Completion of Construction. Exhibit E is a payment schedule based on the provisions of this Exhibit and an estimated disbursement schedule. Actual payments will be based on actual disbursements. (c) Upon Completion of Construction and submission of necessary reports by the Recipient, the Division will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 19 of 49 Exhibit B will prepare any necessary amendments to the payment schedule and send them to the Recipient. The Recipient must make each Payment on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other related costs. For purposes of penalty assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the assistance amount balance, but will be treated as a separate account and obligation of the Recipient. The interest penalty will be assessed from the payment due date. (d) The Recipient is obligated to make all payments required by this Agreement to the State Water Board, notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The Recipient must provide for the punctual payment to the State Water Board of all amounts which become due under this Agreement and which are received from constituents or others in the payment to the Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect such Charge, or to pay over to the State Water Board any money collected on account of such Charge necessary to satisfy any amount due under this Agreement, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the imposition or levying and collection of any of such Charges and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this Agreement. (e) Each Payment must be paid in lawful money of the United States of America by check or other acceptable form of payment set forth at www.waterboards.ca.gov/make_a_payment. The Recipient must pay Payments and Additional Payments from Net Revenues and/or other amounts legally available to the Recipient therefor. B.2.7 Pledged Revenues. B.2.7.1 Establishment of Enterprise Fund and Reserve Fund. In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited when and as received in trust in the Enterprise Fund. As required in this Exhibit, the Recipient must establish and maintain a Reserve Fund. B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund on parity with the Parity Obligations. The Recipient hereby pledges and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to secure the Obligation, including payment of Payments and Additional Payments hereunder. The Enterprise Fund, Net Revenues in the Enterprise Fund, and any Reserve Fund shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Recipient. B.2.7.3 Application and Purpose of the Enterprise Fund. Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with respect to the System Obligations in order of priority. After making all payments City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 20 of 49 Exhibit B hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of the Recipient. B.2.8 No Prepayment. Pursuant to State Water Board’s Debt Management Policy, adopted on October 3, 2017, the Recipient may not prepay any portion of the principal and interest due under this Agreement without the written consent of the Deputy Director of the Division. B.2.9 Reserve Fund. Prior to Completion of Construction, the Recipient must establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one year’s Debt Service on this Obligation. The Recipient must maintain the Reserve Fund throughout the term of this Agreement. The Reserve Fund is subject to lien and pledged as security for this Obligation, and its use is restricted to payment of this Obligation during the term of this Agreement. B.3 RATES, FEES AND CHARGES. (a) The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are equal to the sum of (i) at least 120% of the Maximum Annual Debt Service with respect to all outstanding System Obligations senior to and on parity with the Obligation and (ii) at least 100% of the Maximum Annual Debt Service with respect to all outstanding System Obligations subordinate to the Obligation, so long as System Obligations other than this Obligation are outstanding. Upon defeasance of all System Obligations other than this Obligation, this ratio must be at least 120%, except where System Obligations are defeased pursuant to refunding obligations. (b) The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section. (c) Upon consideration of a voter initiative to reduce Revenues, the Recipient must make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in this Section. The Recipient must make its findings available to the public. The Recipient’s Authorized Representative must request, if necessary, the authorization of the Recipient’s decision-maker or decision-making body to file litigation to challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in this Agreement and its obligation to operate and maintain the Project for its Useful Life. The Recipient must diligently pursue and bear any and all costs related to such challenge. The Recipient must notify and regularly update the State Water Board regarding the status of any such challenge. B.4 ADDITIONAL DEBT (a) The Recipient’s future debt that is secured by Revenues pledged herein may not be senior to this Obligation. (b) The Recipient may issue additional parity or subordinate debt only if all of the following conditions are met: City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 21 of 49 Exhibit B i. No Event of Default (or no event with respect to which notice has been given and which, once all notice of grace periods have passed, would constitute an Event of Default) has occurred and is continuing; ii. Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization fund, if any, meet the ratio for rate covenants set forth in this Exhibit with respect to any outstanding and proposed additional obligations; iii. The Recipient is in compliance with any reserve fund requirement of this Obligation. B.5 NO LIENS. The Recipient must not make any pledge of or place any lien on the Project, System, or Revenues except as otherwise provided or permitted by this Agreement. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 22 of 49 Exhibit C EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS C.1 REPRESENTATIONS & WARRANTIES. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement. C.1.1 Application and General Recipient Commitments. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application a material fact that makes the statements in its application not misleading. The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement. C.1.2 Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. C.1.3 No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient. C.1.4 No Litigation. There are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect, or, if resolved unfavorably to the Recipient, would materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Project. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain the System or any of the real or personal property related to or necessary for the Project. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 23 of 49 Exhibit C C.1.5 Property Rights and Water Rights. The Recipient owns or has sufficient property rights in the Project property for the longer of the Useful Life or the term of this Agreement, either in fee simple or for a term of years that is not subject to third-party revocation during the Useful Life of the Project. The Recipient possesses all water rights necessary for this Project. C.1.6 Solvency and Insurance. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. C.1.7 Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. The Recipient acknowledges that changes to its legal or financial status may affect its eligibility for funding under this Agreement and commits to maintaining its eligibility. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. C.1.8 Financial Statements and Continuing Disclosure. The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any. C.1.9 System Obligations The Recipient has no System Obligations other than those defined in this Agreement. C.1.10 No Other Material Obligations. The Recipient has no Material Obligations. C.1.11 Compliance with State Water Board Funding Agreements. The Recipient represents that it is in compliance with all State Water Board funding agreements to which it is a party. C.2 DEFAULTS AND REMEDIES City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 24 of 49 Exhibit C In addition to any other remedy set forth in this Agreement, the following remedies are available under this Agreement. C.2.1 Return of Funds; Acceleration; and Additional Payments. Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, immediately to do each of the following: i. return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement; ii. accelerate the payment of any principal owed under this Agreement, all of which shall be immediately due and payable; iii. pay interest at the highest legal rate on all of the foregoing; and iv. pay any Additional Payments. C.2.3 Administrative remedies. Whenever the State Water Board determines that the Recipient, the Recipient’s contractor, consultant, employee, agent, assignee, or grantee has violated any requirement or term of the Agreement, the State Water Board may impose civil penalties in accordance with Water Code, section 13497. The State Water Board may impose civil liability administratively against the Recipient or the Recipient’s consultant or contractor or other agent furnishing any information related to funds disbursed or costs claimed for reimbursement if the Recipient or the Recipient’s consultant or contractor or other agent fails to personally attest that the information is true, accurate, and complete the best of one’s knowledge. (Wat. Code, § 13498.) The State Water Board may impose civil liability administratively against any person who makes a misrepresentation in any submittal to the State Water Board, including, but not limited to, an application, report, certification, record, invoice, form, or other document that is submitted to the State Water Board relating to a financial assistance agreement. (Wat. Code, § 13499.) C.2.4 Judicial remedies. Whenever the State Water Board determines that an Event of Default shall have occurred, the State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. Without limiting the generality of the foregoing, the State Water Board may: i. by suit in equity, require the Recipient to account for amounts relating to this Agreement as if the Recipient were the trustee of an express trust; ii. by mandamus or other proceeding, compel the performance by the Recipient and any of its officers, agents, and employees of any duty under the law or of any obligation or covenant under this Agreement, including but not limited to the imposition and collection of rates for the services of the System sufficient to meet all requirements of this Agreement; and iii. take whatever action at law or in equity as may appear necessary or desirable to the State Water Board to collect the Payments then due or thereafter to become due, or to enforce performance of any obligation or covenant of the Recipient under this Agreement. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer. C.2.5 Termination. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 25 of 49 Exhibit C Upon an Event of Default, the State Water Board may terminate this Agreement. Interest shall accrue on all amounts due at the highest legal rate of interest from the date that the State Water Board delivers notice of termination to the Recipient. C.2.6 Damages for Breach of Tax-Exempt Status. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. C.2.7 Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. C.2.8 Remedies and Limitations. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the claims procedures provided to the Recipient under this Agreement. C.2.9 Non-Waiver. Nothing in this Agreement shall affect or impair the Recipient’s Obligation to pay Payments as provided herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. C.2.10 Status Quo. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights and remedies as if no such action had been brought. C.3 STANDARD CONDITIONS C.3.1 Access, Inspection, and Public Records. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 26 of 49 Exhibit C The Recipient must ensure that the State Water Board, the Governor of the State, the USEPA, the USEPA’s Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Agreement. The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated into this Agreement by reference, and all reports, reimbursement requests, and supporting documentation submitted hereunder. C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. (a) The Recipient must maintain project accounts according to GAAP as issued by the Governmental Accounting Standards Board (GASB) or its successor. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. (b) The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient must comply with the provisions and requirements of the federal Single Audit Act (SAA) of 1984, 2 CFR part 200, subpart F, and 2 CFR section 200.302, and updates or revisions thereto, including but not limited to: Maintain an annual (Fiscal Year) accounting system and identify all expenditures of federal financial assistance; Conduct a SAA audit using an independent auditor in those Fiscal Years when expenditures of total federal financial assistance equal or exceed the applicable threshold in 2 CFR section 200.501, and submit the SAA audit to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor’s report(s) or nine (9) months of the end of the audit period; Notify the Division when a SAA audit has been conducted and submitted to the Federal Audit Clearinghouse; Notify and provide the Division with a copy of the SAA audit within thirty (30) days of completion of the audit; Inform the Division of findings and recommendations pertaining to federal financial assistance provided through the State Water Board contained in SAA audits conducted by the Recipient; Initiate corrective actions for audit reports with findings and recommendations that impact federal financial assistance provided through the State Water Board and notify the Division when corrective actions are complete. (c) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must: i. Establish an official file for the Project which adequately documents all significant actions relative to the Project; ii. Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement; iii. Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement; City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 27 of 49 Exhibit C iv. Establish an accounting system which will accurately depict final total costs of the Project, including both direct and Indirect Costs; v. Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and vi. If Force Account is used by the Recipient for any phase of the Project, other than for planning, design, and construction engineering and administration provided for by allowance, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. (d) The Recipient must maintain separate books, records and other material relative to the Project. The Recipient must also retain such books, records, and other material for itself and for each contractor or subcontractor who performed or performs work on this project for a minimum of thirty-six (36) years after Completion of Construction. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the USEPA, the USEPA’s Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement. C.3.3 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee. Requests for amendments must be in writing and directed to the contact listed in Section 4 and to the Division’s Chief of Loans and Grants Administration Section. C.3.4 Assignability. This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment to this Agreement. C.3.5 Audit. (a) The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of state or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must be in the form required by the Division. (b) Audit disallowances must be returned to the State Water Board. C.3.6 Bonding. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 28 of 49 Exhibit C Where contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. C.3.7 Competitive Bidding Recipient must adhere to any applicable state law or local ordinance for competitive bidding and applicable labor laws. C.3.8 Compliance with Applicable Laws, Rules, and Requirements. The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, to the extent applicable, the Recipient must: (a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement; (b) Comply with the Policy; and (c) Comply with and require compliance with the state and federal requirements set forth elsewhere in this Agreement. C.3.9 Computer Software. The Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. C.3.10 Conflict of Interest. The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws. C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due. C.3.12 Data Management. The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems. C.3.13 Disputes. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 29 of 49 Exhibit C (a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. (c) Recipient must continue with the responsibilities under this Agreement during any dispute. (d) This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4. C.3.15 Environmental Clearance. (a) No work that is subject to CEQA or NEPA may proceed under this Agreement unless the State Water Board has provided environmental clearance. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding under this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. (b) If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. C.3.16 Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. C.3.17 Income Restrictions. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement. C.3.18 Indemnification and State Reviews. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 30 of 49 Exhibit C the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System or the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Persons in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Persons to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement. C.3.19 Independent Actor. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. C.3.20 Integration. This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party. C.3.21 Leveraging Covenants. (a) Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will comply with the Tax Covenants set forth in Exhibit F of this Agreement. (a) The Recipient covenants to furnish such financial, operating and other data pertaining to the Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). (b) The Recipient further covenants to provide the State Water Board with copies of all continuing disclosure documents or reports that are disclosed pursuant to (i) the Recipient’s continuing disclosure undertaking or undertakings made in connection with any outstanding System Obligation, (ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information related to an outstanding System Obligation. The Recipient must disclose such documents or City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 31 of 49 Exhibit C reports to the State Water Board at the same time such documents or reports are submitted to any dissemination agent, trustee, nationally recognized municipal securities information repository, the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website or other person or entity. C.3.22 No Discrimination. (a) The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 14000 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. (b) If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. (c) The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). (d) The Recipient’s obligations under this section shall survive the term of this Agreement. (e) During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (f) The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (g) The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (h) The Recipient, its contractors, and subcontractors must comply with all applicable federal civil rights regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech. (Executive Order 13798). (i) The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (j) The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. C.3.23 No Third Party Rights. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 32 of 49 Exhibit C The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. C.3.24 No Obligation of the State. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement. C.3.25 Notice. Upon the occurrence of any of the following events, the Recipient must provide notice as set forth below. (a) Within 24 hours of the following, the Recipient must notify the Division by phone at (916) 327-9978 and by email to TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov and DrinkingWaterSRF@waterboards.ca.gov of: i. The seizure of, or levy on, any Revenues securing this Agreement; ii. Any discovery of any potential tribal cultural resource, archaeological or historical resource, or human remains in the Project area (also notify the Division’s Senior Cultural Resources Officer, at (CulturalResources@waterboards.ca.gov). Should a potential tribal cultural resource or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division. If there are any applicable provisions of a mitigation, monitoring and reporting program adopted for the Project, the Recipient shall comply with such provisions. In the event of the discovery of human remains during construction of the Project, the Recipient shall cease construction and take other action required by any applicable laws, which may include but are not limited to Health and Safety Code, section 7050.5 and Public Resources Code, section 5097.98. (b) Within five (5) business days, the Recipient must notify the Division by phone at (916) 327-9978; by email to Lance.Reese@waterboards.ca.gov TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov, and DrinkingWaterSRF@waterboards.ca.gov; and by mail to the contact address set forth in Section 4 of this Agreement of the occurrence of any of the following events: i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing; ii. Change of ownership of the Project or the System or change of management or service contracts, if any, for operation of the System; iii. Loss, theft, damage, or impairment to Project, the Revenues or the System; iv. Failure to meet any debt service coverage test in Exhibit B of this Agreement; v. Draws on the Reserve Fund; vi. Listed Events and Events of Default, except as otherwise set forth in this section; vii. Failure to observe or perform any covenant or comply with any condition in this Agreement; viii. An offer from a public entity to purchase the Project or the System or any portion thereof, or any of the real or personal property related to or necessary for the Project; City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 33 of 49 Exhibit C ix. A proceeding or action by a public entity to acquire the Project or the System by power of eminent domain; x. Incurrence of a System Obligation or other Material Obligation by the Recipient; or xi. A default, event of acceleration, termination event, modification of terms, or other similar event under the terms of a System Obligation or other Material Obligation of the Recipient, any of which reflect financial difficulties. (c) Within ten (10) business days, the Recipient must notify the Division by phone at (916) 327-9978, by email to TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov and DrinkingWaterSRF@waterboards.ca.gov, and by mail to the contact address set forth in Section 4 of this Agreement of the following events: i. Material defaults on Material Obligations, other than this Obligation; ii. Unscheduled draws on material debt service reserves or credit enhancements, reflecting financial difficulties; iii. Substitution of credit or liquidity providers, if any or their failure to perform; iv. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity to operate the System or the Recipient’s continued existence, or any judgment or court order relating to such litigation that has a significant effect on the Project or the System; v. Circulation of a petition to repeal, reduce, or otherwise challenge the Recipient’s rates for services of the System; vi. Consideration of dissolution, or disincorporation, or any other event that could materially impair the Revenues; vii. Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; viii. Rating changes on outstanding System Obligations, if any; ix. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board; or x. Any investigation by the District Attorney, California State Auditor, Bureau of State Audits, USEPA’s Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls; (d) The Recipient must notify the Division promptly by phone at (916) 327-9978, by email to TatianaGuillen@waterboards.ca.gov, James.Garcia@waterboards.ca.gov and DrinkingWaterSRF@waterboards.ca.gov, and by mail to the contact address set forth in Section 4 of this Agreement of any of the following events: i. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors; ii. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change; iii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 34 of 49 Exhibit C iv. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; v. Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act; vi. Any Project monitoring, demonstration, or other implementation activities required in Exhibit A or Exhibit D of this Agreement, if any; vii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state and federal representatives with at least ten (10) working days’ notice to the Division; viii. Any allegation of research misconduct involving research activities that are supported in whole or in part with USEPA funds under this Project, as required by Exhibit C.4.3(xxvii); ix. Any events requiring notice to the Division pursuant to the provisions of this Agreement; x. Completion of Construction of the Project, and actual Project Completion; xi. The award of the prime construction contract for the Project; xii. Initiation of construction of the Project. C.3.26 Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System during the Useful Life of the Project in accordance with all applicable state and federal laws, rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System must be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, the Recipient must provide additional funds to restore or replace the damaged portions of the System. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 35 of 49 Exhibit C insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project. C.3.27 Permits, Subcontracting, and Remedies. Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be submitted to the Division before any construction begins. The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml C.3.28 Professionals. The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. C.3.29 Prevailing Wages. The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met. In addition, the Recipient agrees to comply with the Davis-Bacon provisions incorporated by reference in Section 3 of this Agreement. C.3.30 Public Funding. This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. C.3.31 Recipient’s Responsibility for Work. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 36 of 49 Exhibit C The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work. C.3.32 Related Litigation. Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the disbursed funds plus interest in the event that Recipient does not complete the project. C.3.33 Rights in Data. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. C.3.34 State Water Board Action; Costs and Attorney Fees. Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees. C.3.35 Timeliness. Time is of the essence in this Agreement. C.3.36 Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. C.3.37 Venue. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California. C.3.38 Waiver and Rights of the State Water Board. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 37 of 49 Exhibit C Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS C.4.1 [Reserved.] C.4.2 State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following with respect to all Project Costs for the term of this Agreement: i. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. ii. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations. iii. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103. iv. Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. v. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527. vi. Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.). vii. Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code. viii. Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. ix. Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852. x. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503. xi. The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code. xii. Regulations in Division 4 of Title 22 of the California Code of Regulations, including but not limited to California Waterworks Standards in Chapter 16, and Lead and Copper regulations in Chapter 17.5. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 38 of 49 Exhibit C C.4.3 Federal Requirements and Cross-Cutters for SRF Funding. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions with respect to all Project Costs for the term of this Agreement and for the Useful Life of the Project: i. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. ii. [Reserved.] iii. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 3 of this Agreement in all construction contracts and subcontracts. iv. The Recipient must comply with the signage requirements set forth in Exhibit A. v. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice. vi. The Recipient shall comply with applicable USEPA general terms and conditions found at: EPA General Terms and Conditions effective October 1, 2024 or later. vii. No Recipient may receive funding under this Agreement unless it has provided its Unique Entity Identifier, assigned by the System for Award Management, to the State Water Board. viii. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 39 of 49 Exhibit C ix. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs. x. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement. xi. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at https://www.nist.gov/iedison and shall notify the Division when an invention report, patent report, or utilization report is filed. xii. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A. xiii. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. xiv. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing. xv. The Recipient certifies to the best of its knowledge and belief that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks reimbursements under this Agreement. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 40 of 49 Exhibit C xvi. The Recipient must comply with the following federal non-discrimination requirements: a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities. c. The Age Discrimination Act of 1975, which prohibits age discrimination. d. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex. e. 40 CFR Part 7, as it relates to the foregoing. xvii. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises. xviii. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: sam.gov xix. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105. xx. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. For purposes of this subsection, a connection is defined as a dedicated persistent interface between a USEPA information technology system and an external information technology system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the Recipient's connections as defined above do not go through the Environmental Information Exchange Network or USEPA's Central Data Exchange, the Recipient agrees to contact the USEPA Project Officer and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet USEPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the Recipient into systems operated and used by USEPA's regulatory programs for the submission of reporting and/or compliance data. xxi. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov. i. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. ii. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 41 of 49 Exhibit C iii. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with USEPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct. iv. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, USEPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa- scientific-integrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the USEPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in USEPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors. v. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156). Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. vi. The Recipient certifies that no Project Funds will be used on: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications or video surveillance equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); b. Telecommunications or video surveillance services produced by such entities or using such equipment; c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the 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 government of a covered foreign country; or d. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216. vii. The Recipient agrees to ensure that if the Project includes lead service line replacement, each lead service line replaced using Project Funds must be replaced in its entirety, unless the remaining portion of that service line has already been replaced or is concurrently being replaced with another funding source. viii. The Recipient agrees to comply with all applicable federal environmental cross-cutters, including the following: City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 42 of 49 Exhibit C a. Archeological and Historic Preservation Act (16 U.S.C. § 469; 54 U.S.C. §§ 312501- 312508) b. Clean Air Act (42 U.S.C. § 7401) c. Coastal Barriers Resources Act (16 U.S.C. § 3501 et seq.) d. Coastal Zone Management Act (16 U.S.C. § 1451 et seq.) e. Endangered Species Act (16 U.S.C. § 1531 et seq.) f. Farmland Protection Policy Act (7 U.S.C. § 4201 et seq.) g. Floodplain Management [Executive Order 11988 (1977), as amended by Executive Order No. 12148 (1979)] h. Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.) i. National Historic Preservation Act (54 U.S.C. §§ 300101 et seq.) j. Sole Source Aquifer, section 1424(e) of Safe Drinking Water Act, 42 U.S.C. 300h- 3(e) k. Wetlands Protection – Executive Order No. 11990 (1977), as amended by Executive Order No. 12608 (1997) l. Wild and Scenic Rivers Act (16 U.S.C. § 1271 et seq.) City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 43 of 49 Exhibit D EXHIBIT D – SPECIAL CONDITIONS D.1 ENVIRONMENTAL 1. Per informal consultation between the State Water Board and the Juaneno Band of Mission Indians Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of California Tribal Council, the Recipient shall implement the following measures: a. The Recipient shall allow the Juaneno Band of Mission Indians Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of California Tribal Council (the Tribes) to monitor all ground disturbing activities. b. The Recipient shall notify the Tribes a minimum of two weeks prior to the commencement of any ground disturbing activities so they can arrange to have the monitors present. The on-site monitoring shall end when the ground disturbing activities are complete or the Tribal representatives/monitors in agreement have indicated that monitoring is no longer necessary. 2. The Recipient shall make no changes to the Project, construction area, or special conditions, without obtaining the appropriate and necessary prior approval(s) from the State Water Board. 3. The Recipient shall provide notice to the DWSRF Program at DrinkingWaterSRF@waterboards.ca.gov or (916) 327-9978 within 24 hours of the discovery of any potential tribal cultural resource and/or archaeological or historical resource and shall notify the Division promptly upon the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. For additional requirements, please refer to Exhibit C of this Agreement. REPORTING TO THE STATE WATER BOARD 1. In the Recipient’s Progress Reports and the Project Completion Report, submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with all environmental measures identified in this Exhibit D, with separate sections clearly labeled with section titles, discussing the status of Recipient’s compliance with: a. Informal consultation with the Juaneno Band of Mission Indians Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of California Tribal Council, which includes the following: • The Recipient shall allow the Juaneno Band of Mission Indians Acjachemen Nation - Belardes and the Gabrielino Tongva Indians of California Tribal Council (the Tribes) to monitor all ground disturbing activities. • The Recipient shall notify the Tribes a minimum of two weeks prior to the commencement of any ground disturbing activities so they can arrange to have the monitors present. The on-site monitoring shall end when the ground disturbing activities are complete or the Tribal representatives/monitors in agreement have indicated that monitoring is no longer necessary. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 44 of 49 Exhibit E D.2 RUSSIAN SANCTIONS Executive Order N-6-22 — Russian Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board. The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia’s actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia- Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and- country-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement. For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia’s actions in Ukraine, including but not limited to: 1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia; 2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and 3. Direct support to the government and people of Ukraine. EXHIBIT E – PAYMENT SCHEDULE See the attached preliminary Payment Schedule. The final Payment Schedule will be forwarded to the Recipient after all disbursements have been paid and construction of the Project has been completed. California DWSRF Payment Schedule Project No. 3010041-001C - Seal Beach, City of Agreement: - based on Actual + Projected Disbursements LCWA Watermain Lining Project Interest rate:2.10000% Principal is paid over:30 Years Ref Num Due Date Date Received Principal Payment Interest Rate% Interest Payment Total P and I Payment Total Payment Ending Balance CPI Interest 1 12/31/2029 0.00 2.100 170,889.55 170,889.55 170,889.55 3,175,000.00 0.00 2 12/31/2030 81,665.55 2.100 66,675.00 148,340.55 148,340.55 3,093,334.45 0.00 3 12/31/2031 83,380.53 2.100 64,960.02 148,340.55 148,340.55 3,009,953.92 0.00 4 12/31/2032 85,131.52 2.100 63,209.03 148,340.55 148,340.55 2,924,822.40 0.00 5 12/31/2033 86,919.28 2.100 61,421.27 148,340.55 148,340.55 2,837,903.12 0.00 6 12/31/2034 88,744.58 2.100 59,595.97 148,340.55 148,340.55 2,749,158.54 0.00 7 12/31/2035 90,608.22 2.100 57,732.33 148,340.55 148,340.55 2,658,550.32 0.00 8 12/31/2036 92,510.99 2.100 55,829.56 148,340.55 148,340.55 2,566,039.33 0.00 9 12/31/2037 94,453.72 2.100 53,886.83 148,340.55 148,340.55 2,471,585.61 0.00 10 12/31/2038 96,437.25 2.100 51,903.30 148,340.55 148,340.55 2,375,148.36 0.00 11 12/31/2039 98,462.43 2.100 49,878.12 148,340.55 148,340.55 2,276,685.93 0.00 12 12/31/2040 100,530.15 2.100 47,810.40 148,340.55 148,340.55 2,176,155.78 0.00 13 12/31/2041 102,641.28 2.100 45,699.27 148,340.55 148,340.55 2,073,514.50 0.00 14 12/31/2042 104,796.75 2.100 43,543.80 148,340.55 148,340.55 1,968,717.75 0.00 15 12/31/2043 106,997.48 2.100 41,343.07 148,340.55 148,340.55 1,861,720.27 0.00 16 12/31/2044 109,244.42 2.100 39,096.13 148,340.55 148,340.55 1,752,475.85 0.00 17 12/31/2045 111,538.56 2.100 36,801.99 148,340.55 148,340.55 1,640,937.29 0.00 18 12/31/2046 113,880.87 2.100 34,459.68 148,340.55 148,340.55 1,527,056.42 0.00 19 12/31/2047 116,272.37 2.100 32,068.18 148,340.55 148,340.55 1,410,784.05 0.00 20 12/31/2048 118,714.08 2.100 29,626.47 148,340.55 148,340.55 1,292,069.97 0.00 21 12/31/2049 121,207.08 2.100 27,133.47 148,340.55 148,340.55 1,170,862.89 0.00 22 12/31/2050 123,752.43 2.100 24,588.12 148,340.55 148,340.55 1,047,110.46 0.00 23 12/31/2051 126,351.23 2.100 21,989.32 148,340.55 148,340.55 920,759.23 0.00 24 12/31/2052 129,004.61 2.100 19,335.94 148,340.55 148,340.55 791,754.62 0.00 25 12/31/2053 131,713.70 2.100 16,626.85 148,340.55 148,340.55 660,040.92 0.00 26 12/31/2054 134,479.69 2.100 13,860.86 148,340.55 148,340.55 525,561.23 0.00 27 12/31/2055 137,303.76 2.100 11,036.79 148,340.55 148,340.55 388,257.47 0.00 28 12/31/2056 140,187.14 2.100 8,153.41 148,340.55 148,340.55 248,070.33 0.00 29 12/31/2057 143,131.07 2.100 5,209.48 148,340.55 148,340.55 104,939.26 0.00 30 12/31/2058 104,939.26 2.100 2,203.72 107,142.98 107,142.98 0.00 0.00 3,175,000.00 1,256,567.93 4,431,567.93 4,431,567.93 0.00 Page 1 of 1 4/14/2026 City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 45 of 49 Exhibit F EXHIBIT F – TAX CERTIFICATE F.1 Purpose. The purpose of this Exhibit F is to establish the reasonable expectations of the Recipient regarding the Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections 103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations. This Exhibit F sets forth certain facts, estimates and circumstances which form the basis for the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section 148 of the Code or “private activity bonds” under Section 141 of the Code. F.2 Tax Covenant. The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable control to be taken, or fail to take any action within its reasonable control, with respect to the Project which would result in the loss of the exclusion of interest on the Bonds from gross income for federal income tax purposes under Section 103 of the Code. F.3 Governmental Unit. The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or any agency or instrumentality thereof. F.4 Financing of a Capital Project. The Recipient will use the Project Funds to finance capital expenditures it has incurred or will incur for the construction, reconstruction, installation or acquisition of the Project in accordance with the terms of this Agreement. Such expenditures shall not have previously been financed with the proceeds of any other issue of indebtedness except for interim financing by the Recipient, the date of maturity, prepayment or redemption of which is within thirty (30) days of the date of disbursement of Project Funds under this Agreement. All Project Funds shall be allocated to expenditures by the Recipient within thirty (30) days of the date of disbursement, including (if at all) Project Funds allocated to repay interim financing of the Recipient. For purposes of this Section F.4, “interim financing” means notes, commercial paper, loans, lines of credit and other forms of short-term borrowing. F.5 Ownership and Operation of Project. The Recipient exclusively owns and, except as provided in Section F.12 hereof, operates the Project. F.6 Temporary Period. The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 46 of 49 Exhibit F of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will proceed with due diligence. F.7 Working Capital. No operational expenditures of the Recipient or any related entity are being, have been or will be financed or refinanced with Project Funds. F.8 Expenditure of Proceeds. The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i) Reimbursement Expenditures (as defined in Section F.20 below), (ii) Preliminary Expenditures (as defined in Section F.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of the Bond Funded Portion of the Project Funds. F.9 Private Use and Private Payments. No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any activities that constitute a Private Use (as defined below). No portion of the principal of or interest with respect to the Payments will be secured by any interest in property (whether or not the Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be derived from payments in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions or by any local Governmental Unit and use as a member of the general public will be disregarded in determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits is generally not use on the same basis as the general public. Arrangements providing for use that is available to the general public at no charge or on the basis of rates that are generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates apply to different classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is prohibited by federal law from paying the generally applicable rates, and the rates established are as comparable as reasonably possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general public use if the term of the use under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the compensation for the use under the arrangement is redetermined at generally applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the same or similar arrangements is predominantly by natural persons who are not engaged in a trade or business. F.10 No Sale, Lease or Private Operation of the Project. The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the Obligation. Except as permitted under Section F.12 hereof, the Recipient will not enter any contract or City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 47 of 49 Exhibit F arrangement or cause or permit any contract or arrangement to be entered with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. F.11 No Disproportionate or Unrelated Use. No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is unrelated or disproportionate to the governmental use of the Project Funds. F.12 Management and Service Contracts. The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other arrangement with any persons or entities engaged in a trade or business (other than Governmental Units) that involve the management or operation of property or the provision of services at or with respect to the Project that does not comply with the standards of the Treasury Regulations, or Revenue Procedure 2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement or arrangement with any person or entity that is not a Governmental Unit for the management of property or the provision of services at or with respect to the Project, while the Obligation (including any obligation or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with respect to any contract, agreement or arrangement that does not constitute “private business use” of the Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001- 2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18, 2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13, with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or (c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond Funded Portion of the Project Funds or the Project by a non-Governmental Unit of more than the amount of such non-qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and local government bonds the interest on which is excluded from gross income under Section 103 of the Code (“Nationally-Recognized Bond Counsel”), that such contract, agreement or arrangement will not adversely affect the exclusion of the interest on the Obligation from gross income for federal income taxation purposes. F.13 No Disposition of Financed Property. As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the Project, in whole or in part, prior to the final maturity date of the Obligation. F.14 Useful Life of Project. As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project, commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth in Exhibit A hereto. F.15 Payments. Payments generally are expected to be derived from assessments, taxes, fees, charges or other current Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt service fund to pay Payments (whether or not deposited to a fund or account established by the Recipient) will be disbursed to pay Payments within thirteen months of the initial date of accumulation or City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 48 of 49 Exhibit F deposit. Any such fund used for the payment of Payments will be depleted once a year except for a reasonable carryover amount not exceeding the greater of earnings on such fund or one-twelfth of the Payments in either case for the immediately preceding year. F.16 No Other Replacement Proceeds. The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be used to acquire securities, obligations or other investment property reasonably expected to produce a yield that is materially higher than the yield on the Bonds. F.17 No Sinking or Pledged Fund. Except as set forth in Section F.18 below, the Recipient will not create or establish any sinking fund or pledged fund which will be used to pay Payments on the Obligation within the meaning of Section 1.148- 1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the Obligation before the Obligation has been fully retired which may be used to pay the Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield on the Bonds. F.18 Reserve Amount. The State Water Board requires that the Recipient maintain and fund a separate account in an amount equal to one (1) year of debt service with respect to the Obligation (the “Reserve Amount”) as set forth in Exhibit B. The Recipient represents that the Reserve Amount is and will be available to pay debt service with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of the Recipient and does not include any proceeds of any obligations the interest on which is excluded from gross income for federal income tax purposes or investment earnings thereon. The aggregate of the Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125 percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably required reserve fund. F.19 Reimbursement Resolution. The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference. F.20 Reimbursement Expenditures. Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a “preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering, surveying, soil testing and similar costs incurred prior to the commencement of construction or rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds. F.21 Change in Use of the Project. City of Seal Beach Agreement No.: D2502060 Project No.: 3010041-001C Page 49 of 49 Exhibit F The Recipient reasonably expects to use all of the Bond Funded Portion of the Project Funds and the Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally- Recognized Bond Counsel to the effect that such use of the Bond Funded Portion of the Project Funds will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code, the Recipient will use the Bond Funded Portion of the Project Funds and the Project solely as set forth in this Agreement. F.22 Rebate Obligations. If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section 1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section 148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury Regulations at such time, including the payment of any rebate amount calculated by the State Water Board or the Bank. F.23 No Federal Guarantee. The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code, taking into account various exceptions including any guarantee related to investments during an initial temporary period until needed for the governmental purpose of the Bonds, investments as part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund, investments in bonds issued by the United States Treasury, investments in refunding escrow funds or certain other investments permitted under the Treasury Regulations. F.24 Amendments. The provisions in this Exhibit may be amended, modified or supplemented at any time to reflect changes in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of Nationally-Recognized Bond Counsel to the effect that such amendment, modification or supplement will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code. F.25 Reasonable Expectations. The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts and estimates as set forth in the tax covenants in this Exhibit, the expectations of the Recipient as set forth in this Exhibit are reasonable. The Recipient is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any representation made in the provisions in this Exhibit. F.26 Assignment. The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement and the right to make all related waivers and agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to perform all other related acts which are necessary and appropriate under this Agreement, if any, and the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions and indemnification under each Obligation). LCWA Watermain Lining (CIP WT2103) DWSRF Loan Agreement CITY OF SEAL BEACH September 14, 2026 WHAT TO EXPECT •Project Recap •DWSRF Loan & Key Terms •Project Budget & Loan Amount PROJECT OVERVIEW •Rehabilitates an aging 18-inch transmission main through the Los Cerritos Wetlands that provides critical system redundancy and has a history of main breaks. •Uses trenchless relining technology to minimize disturbance within an environmentally sensitive and culturally significant area. •Construction coordinated with the concurrent LCWA wetlands restoration project. •Construction contract awarded to T.E. Roberts, Inc. on June 22, 2026. •Pre-mobilization, submittals, and permitting underway; Fall 2026 mobilization. PROJECT LOCATION TIMELINE Preliminary design started in 2020 Geotechnical CDP started in 2021 Environmental Document + Permitting started in 2022. CDP issued in 2025 SRF Loan application started in 2022. Rate approval in 2025. NTP in 2026 Updated design in 2026 for construction March 18 to May 21, 2026 Public Bidding Period June 2026 Bid Review + Council Award July 2026 Submittals & Permitting Late Early Fall Mobilization 70 Working Days We Are Here: SRF Financing Agreement •Initial Application: 2022 •Administered By: State Water Resources Control Board •Purpose: Favorable financing for eligible drinking-water infrastructure •Agreement: No. D2502060 DWSRF FINANCING AGREEMENT Financing Term Provisions Initial Amount $3,175,000 Interest Rate 2.1% Repayment Term 30 years Repayment Source Water Enterprise Fund revenues Disbursement Method Reimbursement of eligible project expenditures Repayment Annual interest payments during construction and until one year after project completion; principal and interest payments begin one year after completion. Prepayment Prepayment requires prior written consent from the Water Board. Administrative Service Charge/Drinking Water Small Community Emergency Grant Fund Charge If applicable, charged in lieu of, and not in addition to, the stated interest obligation, as provided in the Agreement. PROJECT BUDGET & FUNDING Description Amount CONSTRUCTION COST Construction Support $234,976 Construction + Contingency 3,530,435 TOTAL Construction Cost $3,765,411 LOAN AGREEMENT Loan Agreement $3,175,000 Final Budget Approval (FBA) Request $590,411 TOTAL Not-to-Exceed Financing $3,765,411 RECOMMENDATIONS 1.Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2.Approving an increase to the loan amount up to $3,765,411 if approved by the Water Board; and, 3.Authorizing the City Manager to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase the total financing amount to $3,765,411. THANK YOU!