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HomeMy WebLinkAboutCC AG PKT 2011-02-14 #F AGENDA STAFF REPORT DATE: February 14, 2011 TO: Honorable Mayor and City Council THRU: Patrick Importuna, City Manager FROM: Robbeyn Bird, CPA Director of Administrative Services /City Treasurer SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL FOR A COST ALLOCATION PLAN AND COMPREHENSIVE USER FEE STUDY REQUEST FOR PROPOSAL SUMMARY OF REQUEST: The proposed City Council action will authorize staff to initiate the Request for Proposal (RFP) process to solicit bids for the preparation of a full cost allocation plan and comprehensive user fee study. BACKGROUND: The City of Seal Beach generates approximately $2.6 million in user fees and charges annually derived from a variety of services providing a specific benefit to the user. Best Practices in the Government Sector recommend that fees and charges be evaluated and, if necessary, adjusted annually to ensure that they generate sufficient revenues to meet service delivery costs. The user fee study needs to be done to ascertain that the fee structure remains consistent and closely aligned with the cost of providing certain services. The studies generally provide a defensible methodology for determining the actual cost of providing eligible City services such that the desired level of cost recovery and /or General Fund subsidy can be ascertained and potential "new" fees and charges can be evaluated. FINANCIAL IMPACT: There is no financial impact at this time. Staff estimates the possible cost of this work could be in the range of $40,000 to $100,000 depending upon the level of interest by potential vendors and the final terms of a contract. The fiscal year 2011 budget does not contain an appropriation for this project. Therefore, a Agenda Item F Page 2 budget adjustment will be brought forward when a contract is actually awarded to a vendor. ANALYSIS: Staff has conducted research to determine the most recent preparation of a full cost allocation plan and a comprehensive fee study and was unable to determine that these studies have ever been completed. Normally, such a study would be completed every 5 -7 years as a matter of routine. However, due to the poor economic times and budget constraints of late, no study has been done recently. Staff would like to determine whether this is an appropriate time to perform this update. There is no specified time in which this must occur nor is it required to conduct a comprehensive study for this purpose. In addition, as part of the annual audit process, the City's auditor's, Mayer Hoffman McCann P.C., have recommended that the City adopt a formal written cost allocation plan to support charging overhead costs to various funds to reimburse the General Fund. The comprehensive fee study is necessary to determine today's true cost to provide various services, to achieve desired levels of cost recovery, and to enable the City Council to make an informed decision when adopting a new fee schedule. RECOMMENDATION: Staff recommends that the City Council authorize staff to release the request for proposal for a cost allocation plan and a comprehensive fee study. SUBMITTED BY: NOTED AND APPROVED: po, Robrd, - atrick P. Importun of Administrative Services City Manager Attachments: A. Request for Proposal • CITY OF SEAL BEACH REQUEST FOR PROPOSALS For FULL COST ALLOCATION PLAN AND COMPREHENSIVE FEE STUDY February 14, 2011 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 BACKGROUND 2 3.0 SCOPE OF SERVICES 2 3.1 Cost Allocation Plan 3 3.2 Fee Study 3 3.3 Other Tasks 5 4.0 PROPOSAL REQUIREMENTS 5 4.1 Form of Proposal 5 4.1.1 Title Page and Table of Contents 5 4.1.2 Transmittal Letter 5 4.1.3 Technical Information 5 4.1.4 Appendices or Exhibits 5 4.1.5 Proposed Costs 6 4.2 Technical Information 6 4.2.1 Firm Qualifications and Experience 6 4.2.2 Staff Qualifications and Experience 6 4.2.3 Similar Projects with Other Government Entities 7 4.2.4 Project Approach 7 4.2.5 Independence 7 4.3 Proposed Costs 8 4.3.1 Rates for Additional Professional Services 8 4.3.2 Manner of Payment 8 5.0 SUBMITTAL REQUIREMENTS 8 6.0 EVALUATION AND SELECTION PROCESS 9 7.0 EVALUATION CRITERIA 9 8.0 GENERAL CONDITIONS 10 8.1 Public Records 11 8.2 Right to Cancel 11 8.3 Additional Information 11 8.4 Conflict of Interest 11 8.5 Insurance Requirements 11 EXHIBIT 'A': Current Fee Schedules EXHIBIT 'B': Sample Agreement CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 1. Introduction The City of Seal Beach, hereinafter referred to as "City ", is seeking proposals from qualified firms to perform a Full Cost Allocation Plan and Comprehensive Fee Study. The selected consultant will perform the services under the general direction of Robbeyn Bird, Director of Administrative Services for the City of Seal Beach. It is anticipated that the term of the agreement shall commence upon execution of the Agreement and shall remain in full force and effect and ongoing until June 30, 2012, or Project Completion, unless sooner terminated pursuant to the provisions of the Agreement. The City Manager or his designee is authorized to extend this Agreement for up to one year and approve line item adjustments to the Agreement's program budget as long as such amendments are upon the same terms and conditions as specified herein. To be considered for this contract, your firm must meet the qualifications and satisfy the requirements as stated in the Request for Proposal (RFP). Time Schedule: The following is the City's tentative schedule for the selection of a qualified firm: 1. Request for Proposal mailed: February 15, 2011 2. Deadline for submitting RFP: March 25, 2011 no later than 5:00 PM 3. Staff's review of proposals: Week of March 28, 2011 4. Interview of top firms (optional): Week of April 11, 2011 5. Anticipated award of contract: May 09, 2011 Council Meeting Proposals must be clearly identified "RFP: Full Cost Allocation Plan and Comprehensive Fee Study" and submitted to: City of Seal Beach City Clerk's Office 211 Eighth Street Seal Beach, CA. 90740 Any inquiries concerning this RFP must be submitted in writing to Robbeyn Bird, Director of Administrative Services, at 211 Eighth Street Seal Beach CA 90740; rbird @ci.seal - beach.ca.us or facsimile: (562) 493 -9857. Contact with City personnel other than who's listed above regarding this RFP may be grounds for elimination from the selection process. Sincerely, Robbeyn Bird CITY OF Seal Beach Director of Administrative Services CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 2. BACKGROUND The City of Seal Beach, incorporated in 1915, encompasses 11.5 square miles, and serves 26,010 residents. Seal Beach is a Charter City operating under a Council - Manager form of government and provides a range of municipal services that include Public and Marine safety, street and storm drain maintenance, planning, community development, park and landscape maintenance, water and sewer and recreation programs. Contracted services include fire, city attorney, building inspection and code enforcement. Trash collection services are provided through a franchise agreement with Briggeman Disposal. The City's total operating budget for fiscal year 2010 -11 is $18.4 million, and the capital budget totals $4.4 million. The General Fund operating budget of $11.8 million supports the main operations of the City including public safety, public works, recreation and community services and general administration. Building plan review, building permit and inspection services are provided through contracts with Charles Abbot Associates Corporation. Other special revenue funds include various federal, state and local grants and subventions such as Gas Tax, Measure M, Community Development Block Grant, Redevelopment Agency, Air Quality Improvement and Street Lighting Districts A comprehensive fee study has not been completed in recent years, and while staff has calculated a citywide overhead rate, the City has never completed a cost allocation study. 3. SCOPE OF SERVICES The purpose of this project is to ensure that the City of Seal Beach is utilizing comprehensive overhead rates and accurately accounting for the true cost of providing various services within City operations. There are four main goals for this project. • Complete a full cost allocation plan • Determine what it costs the City to provide various services. • Decide whether or not those costs are reasonable. • Compare those costs of providing services to current cost recovery levels. • Implement fee changes necessary to achieve desired level of cost recovery. With these goals in mind, the project shall include but is not necessarily limited to the following tasks. If Consultant believes additional tasks are advisable, that should be clearly identified in the proposal. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 3.1 Cost Allocation Plan 1. Conduct a kick off meeting to acquaint staff with the process and the importance of staff input during the interviews. 2. Conduct interviews with selected individuals in each department to assess the departmental overhead components. 3. Determine each staff position's direct costs, fringe benefits, and overhead rate. 4. Develop an overhead rate for each department. 5. Develop a methodology by which staff is able to update the study for subsequent fiscal years and provide a model to accomplish the update. Complete any necessary training for staff to use the model. 6. Upon completion of the work, submit a draft report for staff review. 7. Meet with staff to review questions, corrections, adjustments and suggestions. 8. Complete final report based on incorporation of staff input. 9. Present results to City Council at a regular meeting and incorporate, as needed, any Council recommendations. 10. Prepare final report. 3.2 Fee Study 1. Incorporate the results of the cost allocation plan to complete a comprehensive review of all City of Seal Beach fees including development. Current fee schedules are attached to this Request for Proposal as Exhibit 'A'. 2. Conduct a kick off meeting for staff explaining the process and the information the consultant will be gathering. This meeting can be combined with the cost allocation plan kick off meeting. 3. Meet with selected staff individually as needed. 4. Analyze potential new user fees and recommend areas to be included in the study. 5. Identify the costs of providing the current services in accordance with existing laws, statutes, rules and regulations governing the collection of fees and charges by public entities including, but not limited to, Proposition 218. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 6. Identify and classify all fees currently being charged by the City. 7. Compile data to develop total costs reasonably associated with each fee. 8. Compare service costs with existing recovery levels. 9. Compare existing and proposed fees in key benchmark areas with those charged by other agencies in Orange County as well as comparable cities outside the County. 10. Recommend appropriate fees based on the firm's analysis including the appropriate subsidy percentage for those fees where full cost recovery is unrealistic. 11. Prepare a report identifying each service, the full cost and recommended cost and current cost recovery levels. Details should include the direct cost, indirect cost, and the overhead cost for each service. 12. Prepare a draft fee schedule for the City of Seal Beach 13. Meet with staff to review the recommended fees and incorporate necessary changes 14. Present the fee schedule and methodology to the City Council at a regular meeting and, as needed, incorporate any changes as a result of that meeting. 15. Prepare the final report to include the following: a. Describes key results and findings b. Describes each service c. Identifies its cost, key cost components and current cost recovery d. Recommends new fees based on the analysis and the City's cost recovery goals e. Assesses the reasonableness of City costs f. Compares current and recommended fees with benchmark fee areas in identified agencies g. The City currently contracts for plan review, building permits and inspection services. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study i. Review the reasonableness and justification for the fee structure paid to the contract building services firm. ii. Recommend the methodology for setting the rates. iii. Report findings and make recommendations 3.3 Optional Tasks 1. Provide a computer model and methodology allowing City staff to update the study in subsequent years or as significant changes are made to the components of the rates and fees. 2. Provide on -site training for the use of the model. 4. PROPOSAL REQUIREMENTS Consultant shall be a recognized administrator of Full Cost Allocation Plan and Comprehensive Fee Study, with good professional standing and repute, licensed to do such business in the State of California and City of Seal Beach and have at least five (5) years experience in cost allocation plans and fee study programs for local municipalities. 4.1 Form of Proposal Five (5) copies, two -sided wherever feasible, plus original (total 6) of the Proposal are required upon submittal and should include the following sections: 4.1.1 Title Page and Table of Contents Title page should include the request for proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. 4.1.2 Transmittal Letter A signed letter of transmittal briefly stating the Proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes it to be the most qualified to perform the project. 4.1.3 Technical Information The technical proposal should follow the order set forth in 4.2 below. There should be no dollar units or total costs included in the technical proposal section. 4.1.4 Appendices or Exhibits Include as needed. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 4.1.5 Proposed Costs Include a specific "not to exceed" fixed fee including associated costs (e.g. printing costs, travel, etc.). 4.2 Technical lnformation This section should demonstrate the qualifications, competence, capacity and resources of the firm seeking to perform a full cost allocation plan and comprehensive fee study for the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The information provided should demonstrate the qualifications of the firm and of the particular staff to be assigned to this project. It should also specify methodologies and approach that will meet the request for proposals' requirements. Cost information should be included in the Cost Proposal as defined in Section 4.3. While additional data may be presented, the following items must be included: 4.2.1 Firm Qualifications and Experience State the size of your firm, the location and size of the office from which the work on this project is to be performed and the number and nature of the professional staff to be employed with this project. Include information about the level and types of training provided to each level of staff that is proposed for this project. Additionally, information should be given about the resources of the firm as they relate to the ability to train staff and provide interpretations of standards and policies. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal consultant should be noted, if applicable. 4.2.2 Staff Qualifications and Experience Provide the names, title and qualifications (resumes) of the proposed project manager and support staff and subcontractors who will be conducting the work on this assignment, including their experience and projects in which they had "hands on" responsibility and length of time with the firm. The project manager will be expected to be fully involved and conversant in the details of the project on a day to -day basis. Describe the organization structure of staff members and sub consultants (if any). CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 4.2.3 Similar Projects with Other Government Entities A list of client references and an outline of any experience the Proposer has had in performing similar services for other governmental organizations, or any other organization. In addition to a list of client references along with a resume of the Proposers experience in municipal projects including the name, address and telephone number of client references that may be contacted, and a brief description of each project explaining the service performed. 4.2.4 Project Approach The proposal should set forth a summarized work plan, including the following information on the project approach: • Analysis of the various methodologies, including discussion of the advantages and disadvantages of the consulting firm's approach. • Proposed segmentation of the project. • Estimated amount of time City staff may expect to devote to this project, specified by task (i.e., data gathering, review, meetings, etc.). • Clearly defined schedule of project analysis plan and completion dates and level of consultant staff and number of hours to be assigned to each proposed segment of the project. • Identify and describe any anticipated potential analysis problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City. • Describe record - keeping procedures to be utilized for all aspects of data collection, analysis and final report preparation. 4.2.5 Independence Proposer to list and describe the firm's professional relationships involving the City or any of its component units /agencies, for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed project. In addition, the firms shall give the City written notice of any professional relationships entered into during the period of this agreement. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study 4.3 Proposed Costs Proposer must submit a specific "not to exceed" fixed fee including associated costs (e.g. printing costs, travel, etc.). A requested payment schedule should accompany the work schedule. Each phase of work should have an itemized budget including labor costs and expenses for each piece of work. The proposal should include staff hourly rates. The total all- inclusive maximum price is to contain all direct and indirect costs including all out -of- pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. 4.3.1 Rates for Additional Professional Services Informal advice and consultation not requiring significant research or a formal report shall be included in the Total All- Inclusive Maximum Price. However, if it should become necessary for the City to request the consultant to render additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this project, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Hourly rates for any such additional work agreed to between the City and the firm should be set forth in the cost proposal. 4.3.2 Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the project and out -of- pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not Tess than a calendar month. The final ten percent (10 %) of the Total All - Inclusive Maximum Price will be paid upon delivery of the firm's final reports. 5. Submittal Requirements • Sealed proposals must be received at the Office of the City Clerk, City of Seal Beach, 211 Eighth Street CA 90740, no later than 5:00 PM on March 25, 2011. The City reserves the right to reject any and all submittals that do not respond to all requests in this RFP. Proposals submitted by facsimile are not acceptable and will not be considered. • FIVE (5) copies PLUS ORIGINAL (TOTAL 6) of the proposal are required upon submittal. • The proposal should provide a straight - forward, concise description of the Proposer's capabilities to satisfy the requirements of the request for proposals. • The proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study o Each proposal submitted must be in a sealed envelope bearing on the outside: o Name of Proposer o RFP Title o Package Number (1 of , 2 of _ , etc.) Failure to comply with the requirements of the RFP may result in disqualification. Proposals and /or modifications received subsequent to the hour and date specified above will not be considered. 6.0 EVALUATION AND SELECTION PROCESS Proposals submitted will be evaluated by a committee based on the information submitted in the proposals. Cost, while a consideration, will not be the overriding factor. The selection process will involve the evaluation of submitted proposals for compliance with the requirement of the RFP and on the basis of the established selection criteria. Candidates must initially represent themselves solely by their written proposals. Those firms considered most qualified to provide the required services may be invited for an interview by a selection panel. Finalists will be allowed up to one hour to make a presentation and to answer questions for the selection committee. It is expected that key members of the project team will be present for the presentation /interview process. The selection panel will recommend a firm to the City Council for contract award. Upon approval of the City Council a Professional Services Agreement for Full Cost Allocation Plan and Comprehensive Fee Study shall be executed in a form substantially the same as the City's standard professional services agreement attached hereto as Exhibit 'B'. 7.0 EVALUATION CRITERIA Selection of a qualified firm for this assignment shall be based on the following criteria (presented randomly without regard to order of importance): o Thoroughness and understanding of the tasks to be completed. • Comprehensiveness of the description of the tasks proposed and the completion process. • Background and experience in organizational analysis evaluation. o Staff expertise and overall experience of personnel assigned to the work. • Time required to accomplish the requested services. • Responsiveness to requirements of the project. CITY OF SEAL BEACH REQUEST FOR PROPOSAL Full Cost Allocation Plan and Comprehensive Fee Study • Recent public sector experience, preferably in a municipal setting, conducting similar studies. • Cost The award of the contract will not be based solely on the lowest fee proposed, but on the combination of all the above factors. 8.0 General Conditions This Request for Proposal (RFP) does not commit the City of Seal Beach to award a contract, to defray any costs incurred in the preparation of a proposal, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received in response to this request, to negotiate with any qualified source, or cancel in whole or in part this RFP if it is in the best interest of the City to do so. The City reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether or not that proposal was selected. Subsequent to contract negotiations, prospective consultant may be required to submit revisions to their proposals. All firms submitting a proposal should note that the execution of any contract pursuant to this RFP is dependent upon the recommendation of the City selection committee and the approval of the Seal Beach City Council. 8.1 Public Records All proposals submitted and information included therein shall become the property of the City of Seal Beach and public records, and as such may be subject to public review. 8.2 Right to Cancel The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP including but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises the RFP, all Proposers will be notified in writing by the City. 8.3 Additional Information The City reserves the right to request additional information and/or clarification from any or all Proposers to this RFP. 8.4 Conflict of Interest The City complies with all California statutes and regulations related to conflicts of interest. 8.5 Insurance Requirements The City requires consultants doing business with it to obtain insurance as shown in the standard Professional Services Agreement. The required insurance certificates must comply with all requirements of the standards as shown in the Professional Services Agreement and must be provided (original copy) within fifteen (15) days of notice of selection and prior to the commencement of the Work. Exhibit "A" CITY OF SEAL BEACH California —1, SEA/ 14% � • 11Pel `ii he * t V C; 4 °Waft r a CC 4 ZE l t b 4 1%1 st 27,\S '4% ... FEE SCHEDULE (Resolution Number 5898) 2009/2010 Available on -line — www.ci.seal-beach.ca.us 07/13/09 CITY OF SEAL BEACH TABLE OF CONTENTS 2009/2010 FEES SCHEDULE SECTION 1. ADMINISTRATION FEES 1 A. Documents B. Returned Check Fee C. Infraction /Administrative Penalty Fees SECTION 2. BUILDING FEES 2 A. Laserfiche /Microfilming Fee B. Building Permit Fees C. Construction Excise Tax D. Environmental Reserve Tax E. Non - Subdivision Park & Recreation Fees SECTION 3. PLANNING FEES 11 A. Filing Fees B. Environmental Fees C. Transportation Facilities & Programs Development Fees D. Transportation Facilities & Programs Development Application Fees E. Main Street Specific Plan Zone In -Lieu Parking Fees SECTION 4. POLICE FEES 14 A. Alarm System Application Fees B. Animal Control Fees C. Beach Parking Services D. Citation Sign -off E. Fingerprint Cards F. Parking Stickers G. Passport H. Photographs I. Traffic Collision Reports J. Vehicle Storage K. Massage Technician Permit Background Check L. Parking Violation Fees M. Firearm Safe Keeping Storage N. Booking Fee 07/13/09 SECTION 5. PUBLIC WORKS FEES 18 A. Blueprinting and /or Plots B. Subdivision Plan Check C. Final Filing Map D. Plan Check and Review E. General Construction Permits F. Sewer Utility Services G. Water Utility Services H. Transportation Permits I. CaII Outs J. Multiplier K. Miscellaneous SECTION 6. RECREATION FEES 26 A. Community Center Facilities B. Senior Center Rental Fees C. Swimming Pool Fees D. Recreation Program Fees E. Fees for Use of Municipal Athletic Facilities F. Edison Community Garden Fees G. Tennis Center Fees /Rates H. Special Activity Request Application Fees SECTION 7. FILMING FEES AND CHARGES 33 A. Commercial Still Photography B. Motion Picture including Video C. _Use of City Property D. Use of City Personnel E. Use of City Equipment and Vehicle F. Use of City Parking Lots SECTION 8. WATER USE /BILLING FEES 33 SECTION 9. UNSPECIFIED FEES 34 SECTION 10. FINGERPRINT CHARGES 34 SECTION 11. BUSINESS LICENSE TAX AND PERMITS 34 SECTION 12. LIFEGUARD FEES 36 SECTION 13. STATEMENT OF RESOLUTION 36 SECTION 14. EFFECTIVE DATE 37 07/13/09 RESOLUTION NUMBER 5898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING RESOLUTION NUMBERS 5783, 5800, AND 5863 WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for municipal services; and WHEREAS, the City Council has determined that the fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and WHEREAS, the City Council has determined that fees, rates, and charges for municipal services do not cover the actual costs under the current fee schedules; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Seal Beach hereby establishes the amount of certain fees, rates and charges, and restates that amount of other fees, rates, charges and taxes as currently set forth in Resolution Numbers 5783, 5800, and 5863, as follows: SECTION 1. ADMINISTRATIVE FEES A. Documents The following fees are established to reimburse the City for costs relative to filling public requests for copies of non - confidential records; codes, brochures, booklets and patent materials not marked for general distribution. Photocopies of individual pages of Ordinances, Resolutions, Contracts, Agreements, and any of the documents listed in this section and any other documents, publications and reports not listed. 1. Copy charge a. 81/2" x 11" $.25 per page b. Larger than 8 '/" x 11" $.50 per page 2. Facsimile or Telecopy Charge $1.00 per page 3. Preparation of Compact Disc $5.00 per copy 4. City Charter $10.50 5. Municipal Code Titles 1 -9 $100.00 Individual Code Sections $.35 per page 6. Development Code - Titles 10, 12 and Chapter 28 $75.00 Individual Code Sections $.35 per page 7. General Plan: Complete $65.00 8. Ordinances, Resolutions, Contracts, Agreements Copy charge $.25 per page 9. Minutes: Regular basis $50.00 (annually with self - addressed stamped envelopes) 10. Agendas: Regular basis $25.00 (annually with self - addressed stamped envelopes) 11. Economic Interest Disclosure and Campaign Statements (As required by State Law) $.10 per page 12. Election Documents $.25 per page 13. Candidates Filing Fee (non - refundable) $25.00 Postage: All mail requests shall have the cost of postage added to the fees set forth, with the exception of copies of minutes and agendas. B. Returned Check Fee Any person issuing a bank draft, note or check that is returned by a financial institution due to insufficient funds or a closed account or is otherwise dishonored, shall be charged the sum of $25.00 for processing each such checks. Said amount shall be included in the total sum of all bills, charges, or fees otherwise due and owing to the City. C. Infraction /Administrative Penalty Fees 1. Infraction Penalty - in a 12 month time period: First Offense $500.00 Second Offense $750.00 Third Offense $1,000.00 2. Administrative Penalty - in a 12 month time period: First Offense $100.00 Second Offense $200.00 Third Offense $500.00 SECTION 2. BUILDING FEES A. Laserfiche /Microfilming Fee 1. For each sheet up to 8'/2" x 11" in size (At time of permit issuance) $.75 per sheet 2. For each sheet larger than 8'/" x 11" in size $1.50 per sheet 3. Copy of microfilmed documents $.25 per page B. Building Permit Fees 1. Building Permit fees based on valuation shall be collected according to the following schedule: Resolution No. 5898 Fee Schedule 2009 -2010 2 of 37 Table A Total Valuation Fee $1.00 to $500.00 Fee of 10% of the permit valuation. $501.00 to $2,000.00 Fee of $81.65 for the first $500.00 plus $3.05 for each additional $100.00 or fraction thereof, to and including $2000.00. $2001.00 to $25,000.00 Fee of $127.40 for the first $2,000.00 plus $14.50 for each additional $1,000.00 or fraction hereof, to and including $25,000.00. $25,001.00 to $50,000.00 Fee of $449.40 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 Fee of $701.90 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 Fee of $1,051.90 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000.000.00 Fee of $3,291.90 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000.000.00 $1,000,000.00 and up Fee of $5,666.90 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof Resolution No. 5898 Fee Schedule 2009 -2010 3 of 37 2. Building valuation data sheet shall be used in conjunction with the fee schedule established in Section 2.B.1. The source of that sheet shall be the most current Building Valuation Data printed in the Building Safety Journal, which is a bi- monthly publication by the International Code Council, 900 Montclair Road, Birmingham, AL 35213 -1206. 3. General Plan and Geographic Information System Update - Surcharge of $.0015 x value of building levied with building permit. 4. Miscellaneous Valuation Table a. Pool Fee 1) Swimming Pool $3,000.00 + $13.50 per sq. ft. + $550.00 for heater 2) Spa $1,400.00 + $11.25 per sq. ft. + $550.00 for heater b. Patio Fee 1) Open $11.25 per sq. ft. 2) Screened $22.50 per sq. ft. c. Fences & Block Walls $22.50 linear ft. d. Signs 1) Free Standing $33.75 per sq. ft. (each face) + $300.00 2) Wall Signs $22.50 per sq. ft. e. Roofing 1) Composition & Gravel $101.25 per sq. ft. 2) Composition Shingles $101.25 per sq. ft. 3) Wood Shingles $146.25 per sq. ft. 4) Wood Shakes $207.50 per sq. ft. 5) Clay Tile $270.00 per sq. ft. Plan Check Fees a. Plan check fee - valuation exceeds $1,000.00 and a plan is required: 65% of the building permit fee b. Plan check fee - mechanical electrical or plumbing when a plan or other data is required to be submitted for such work 65% of the total permit fee (excluding initial permit fee) c. Expedited Plan Check Fee ... 50% of standard plan check fee Exception: The expedited plan check fee shall be waived by the Building Official in the case of reconstruction due to a disaster - related occurrence. 5. Miscellaneous Fees a. Swimming Pool Fee Table A, Based on Valuation b. Spa Fee Table A, Based on Valuation *Public Works Bond for Damages to Public Improvements $385.00 *Public Works Street Permit/Rubbish Container $25.00 Resolution No. 5898 Fee Schedule 2009 -2010 4 of 37 c. Patio Fee Table A, Based on Valuation d. Fences and Block Walls Table A, Based on Valuation e. Sign Fee Table A, Based on Valuation f. Roofing Fee Table A, Based on Valuation g. Sandblasting $.06 per sq. ft. of wall face surface h. Tent Fee: Up to 1,000 sq. ft. $38.00 Each additional 1,000 sq. ft. of fraction thereof $12.75 i. Renewal of Expired Permits - a fee of one -half the total amount for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided that such suspension or abandonment has not exceeded one full year, in which case a full fee shall be required. j. Temporary Certificate of Occupancy $64.00 k. Demolition Permit Fee Table A, Contract price for demolition work I. Moving Permit Fee Table A, Valuation based on contract price (Special investigative fee required) m. Contractor Business License Fee $207.00 n. Deputy Inspector Contractor Business License Fee .... $16.00 o. Standard Residential Photo - Voltaic Installation fee no fee 6. Special Service Fees a. Special Investigative Fee — charged for a special inspection by a City Building Inspector Affected Floor Area Fee 0 -2,500 sq. ft. $190.00 2,501 -5,000 sq. ft $380.00 5,001 -7,500 sq. ft $575.00 7,501- 10,000 sq. ft $765.00 Each additional 10,000 sq. ft. or fraction thereof $200.00 b. Non - Business Hour Inspections — for inspections requested by a permittee to be made outside of normal business hours: Minimum charge of one hour $60.00 plus all other fees c. Excessive Inspections — for inspections determined by the Building Official to be excessive and beyond at least one re- inspection of an item of work caused by faulty workmanship or work not ready for inspection at time of request: Per inspection $50.00 1) Additional Plan Check Review by changes, additions or revisions to approved plans: Minimum charge of one hour $50.00 Resolution No. 5898 Fee Schedule 2009 -2010 5of37 e. Inspection for any change of occupancy classification, use ' type (as indicated in Table 5a of the Uniform Building Code) or certification of compliance with Building Codes and ordinances not otherwise provided for above: Per inspection $100.00 2) Inspections for which no fee is specifically indicated: Minimum charge for one -half hour $40.00 7. Electrical Code Fees a. Permit in conjunction with others $22.00 each b. Electrical Permit Only for electrical permits not obtained in conjunction with other types of permits: Minimum fee $22.75 3) Electrical Services: Each service switch 300 volts or Tess $.018 /amp. Each service switch 301 to 600 volts $.05 /amp. Each service switch over 600 volts $.090 /amp. d. Electrical systems in new structures or building additions — the following fees shall apply to electrical systems contained within or on any new structure, including new additions to existing structures: 1) $ .00640 Der sq. ft: a) Warehouse — that part which is over 5,000 sq. ft. b) Storage garages where no repair work is done c) Aircraft hangers where no repair work is done 2) $ .01375 per sq. ft: a) Residential accessory buildings attached or detached, such as garages, carports, sheds, etc. b) Garages and carports for motels, hotels and commercial parking. c) Warehouses up to and including 5,000 sq. ft. d) All other occupancies not listed, area that is over 5,000 sq. ft. 3) $.028 per sq. ft: for all other occupancies not listed up to and including 5,000 sq. ft. 4) $.0028 per sq. ft: for temporary wiring during construction. 4) Temporary Service 1) Temporary for construction service, including poles or pedestals $17.00 each 2) Approval for temporary use of permanent service equipment prior to completion of structure or final ' inspection $17.00 each Resolution No. 5898 Fee Schedule 2009 -2010 6of37 3) Additional supporting poles $5.00 each 4) Temporary service for decorative lighting, Christmas sales lot, etc. $9.00 each f. Miscellaneous 1) Area lighting standards up to and including 10 on a site $5.00 each Over 10 on a site $2.50 each 2) Private residential swimming pools including supply wiring, lights, motors and bonding $34.00 each 3) Commercial swimming pools $68.00 4) Inspection for reinstallation of idle meter (removed by Utility Company) $12.75 each g. Illuminated Signs, New, Relocated or Altered: Square Feet Fee Up to and including 5 $12.75 Over 5, not over 25 $15.25 Over 25, not over 50 $20.50 Over 50, not over 100 $28.00 Over 100, not over 20 $30.50 Over 200, not over 300 $38.25 Over 300 $.125 per sq. ft. h. Overhead Line Construction: Poles and anchors: $5.00 each i. Alternate Fee Schedule: 1) Alterations, additions and new construction where no structural work is being done or where it is impractical to use a square footage schedule; convert to units as follows, charging $3.80 each unit 2) For each 5 outlets or fraction thereof where current is used or controlled: charged —1 unit 3) For each 5 lighting fixtures or fraction thereof where current is used or controlled: charged —1 unit 4) For multi - assembly (festoon type plug mold etc.): Each 20 feet or fraction thereof 1 unit 5) Power Apparatus: For equipment rated in horsepower (HP), kilowatts (KW), or kilovolt- amperes (KVA), the fee for each motor, transformer, and /or appliance shall be: Unit Fee 0 to 1 $3.85 Over 1 and not over 10 $8.50 Over 10 and not over 50 $17.00 Over 50 and not over 100 $34.00 Over 100, each $51.00 Resolution No. 5898 Fee Schedule 2009 -2010 7of37 *NOTE: 1) For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the fee. 2) These fees include all switches, circuit breakers, contractors, relays and other directly related control equipment. 6) Other Inspections and Fees: 1) Inspections outside of normal business hours Section 2.B.7 2) Re- inspection Section 2.B.7 3) Additional Plan Check Review Section 2.B.5 4) Miscellaneous apparatus, conduits, and conductors for electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $12.50 8. Plumbing Code Fees a. Permit in conjunction with others $22.00 each b. Plumbing Permit Only - for plumbing permits are not obtained in conjunction with other types of permits Minimum fee $22.75 c. Miscellaneous Services: 1) Plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and back flow protection) $7.00 each 2) Building sewer and trailer park sewer: $15.00 each 3) Rainwater system - per drain (inside building) $7.00 each 4) Cesspool (where permitted): $25.00 each 5) Private sewage disposal system: $40.00 each 6) Water heater and /or vent: $7.00 each 7) Gas piping system of 1 to 5 outlets: $5.00 each 8) Additional gas piping system per outlet $1.25 each 9) Industrial waste pre- treatment interceptor, including its trap and vent, except kitchen type grease interceptors functioning as fixture traps $7.00 each 10) Water piping and /or water treating equipment - installation, alteration or repair: $7.00 each 11) Drainage, vent repair or alteration of piping: $7.00 each 12) Lawn sprinkler system or any one meter including back flow protection devices: $7.00 each 13) Atmospheric type not included in Item 11: a) 1 to 5 $7.00 b) 6 or more $1.00 • Resolution No. 5898 Fee Schedule 2009 -2010 8of37 14) Back flow protective devices other than atmospheric type vacuum breakers: a) 2 inch diameter or Tess $7.00 b) Over 2 inch diameter $15.00 15) Gray water system: $40.00 each 16) Reclaimed water system initial installation and testing: $30.00 per hour 17) Reclaimed water system annual cross - connection testing (excluding initial test): $30.00 per hour d. Other Inspection and Fees: 1) For inspection outside of normal business hour Section 2.B.7 2) For re- inspection Section 2.B.7 3) For additional plan review Section 2.B.7 e. Sewer connection permit fee up to $25.00 9. Mechanical Code Fees a. Permit in conjunction with others $22.00 b. Mechanical permit only - for mechanical permits not obtained in conjunction with other types of permits: Minimum fee $22.75 c. Miscellaneous Services: 1) Forced air or gravity -type furnace or burner, including ducts and vents attached to such appliance - each installation or relocation: To and including 100,000 BTU /H $13.25 Over 100,000 BTU /H $16.25 2) Floor furnace, including wall heater or floor- mounted unit heater- each installation or relocation $13.25 3) Suspended heater, recessed wall heater or floor mounted unit heater - each installation, relocation or replacement $13.25 4) Appliance vent installed and not included in an appliance permit — each installation, relocation or replacement $6.50 5) Heating appliance, refrigeration unit, cooling unit, absorption unit — each repair, alteration or addition — to and including 100,000 BTU /H $12.25 6) Boiler or compressor to and including three horsepower, or absorption system to and including 100,000 BTU /H: Installation or relocation $13.25 7) Boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 BTU /H and including 500,000 BTU /H: Installation or relocation $24.25 Resolution No. 5898 Fee Schedule 2009 -2010 9 of 37 8) Boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 BTU /H to and including 1,000,000 BTU /H: Installation or relocation $33.25 9) Boiler or compressor over 30 horsepower to and including 50 horsepower, or each absorption over 1,000,000 BTU /H to and including 1,750,000 BTU /H: Installation or relocation $49.50 10) Boiler or refrigerator compressor over 50 horsepower, or each absorption system over 1,750,000 BTU /H: Installation or relocation $82.75 11) Air - handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto: Each $9.50 *NOTE: This fee shall not apply to an air - handling unit that is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this Resolution. 12) For each air handling unit over 10,000 CFM: Each $16.15 13) For each evaporative cooler other than portable type: Each $9.50 14) For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit: Each $9.50 15) For each ventilation fan connected to a single duct: Each $6.50 16) For the installation or relocation of each domestic type incinerator: Each $16.25 17) For the installation of each hood that is served by mechanical exhaust, including ducts for such hood: Each $9.50 18) For the installation or relocation of each commercial or industrial type incinerator: Each $66.50 19) For each appliance or piece of equipment regulated by the Uniform Building Code but not classified in other appliance categories or for which no other fee is listed in this Code: Each $9.50 20) Duct extensions, other than those attached: Each $5.00 21) Permit fees for fuel -gas piping shall be as follows when Chapter 22 of the Uniform Building Code is applicable: Resolution No. 5898 Fee Schedule 2009 -2010 10of37 a) For each gas piping system of 1 to 4 outlets $5.50 b) For each gas - piping system of 5 or more outlets: Per outlet $1.00 d. Other Inspection Fees: 1) After normal hour inspection Section 2.B.7 2) Re- inspection Section 2.B.7 3) Additional Plan Reviews Section 2.B.5 10. Refunds: If construction has not commenced, a refund of 80% of the permit will be returned when permits are cancelled at the request of the permittee. No permit fee will be refunded for any permit that has expired. No refund will be made of the plan check fee when the plan check service has been performed. A refund of 80% of the plan check fee will be returned if the plan check service has not been performed. C. Construction Excise Tax 1. Rates: a. Residential Units: Type Fee Single Family $85.00 Duplex (each) $85.00 Apartment (each) $62.50 Bachelor (each) $62.50 Mobile Home Space (each) $51.00 b. Commercial - per square foot $.05 c. Industrial - per square foot $.05 2. Delinquency Charge 25% of tax plus interest cost of 1.00% per month. D. Environmental Reserve Tax — For new residential living unit construction 1. Conforming unit — first three floors $.15 per sq. ft 2. Non - conforming unit — first three floors $.35 per sq. ft E. Non - Subdivision Park and Recreation Fees 1. Single - Family Dwelling - A fee of $10,000 is imposed upon the construction and occupancy of each single - family dwelling, which results in a net increase to the City's housing stock. Said fee is imposed to offset impacts to the City's existing park and recreation facilities caused by the additional single- family dwelling. 2. Other Residential uses - A fee of $5,000 is imposed upon the construction and occupancy of each residential dwelling unit, other than a single - family dwelling, which results in a net increase in the City's housing stock. Said fee is imposed to offset impacts to the Resolution No. 5898 Fee Schedule 2009 -2010 11 of 37 City's existing park and recreation facilities causes by the additional dwelling unit. SECTION 3. PLANNING FEES The following fees are charged to individuals submitting the described requests to the City Development Services Department. Payment in full is required before issuance of necessary Grading, Building, Plumbing, Electrical, Mechanical or any other appropriate permit. A. Filing Fees 1. Conditional Use Permit Actual Processing Costs - $750.00 deposit 2. Variance Actual Processing Costs - $750.00 deposit 3. Zone Change Actual Processing Costs - $2,000.00 deposit 4. General Plan Amendment Actual Processing Costs - $2,000.00 deposit 5. Planned Unit Development Actual Processing Costs - $2,000.00 deposit 6. Minor Site Review Actual Processing Costs - $150.00 deposit 7. Major Site Plan Review Actual Processing Costs - $750.00 deposit 8. Concept Approval (Coastal) Actual Processing Costs - $100.00 deposit 9. Specific Plan Actual Processing Costs - $10,000.00 deposit 10 Appeal - Non - Public Hearing Matters Actual Processing Costs - $100.00 deposit 11. Appeal - Public Hearing Actual Processing Costs - $750.00 deposit 12. Pre - Application Conference Actual Processing Costs - $100.00 deposit 13. Property Profile Actual Processing Costs - $75.00 deposit 14. Planning Commission Interpretation Actual Processing Costs - $200.00 deposit 15. Sober Living Investigation Fee Actual Processing Costs - $500.00 deposit 16. Tentative /Final Parcel Map Actual Processing Costs - $750.00 deposit 17. Tentative /Final Tract Map Actual Processing Costs - $ 2,000.00 deposit 18. Special Events: a. 1 event per application $150.00 b. 2 events per application $225.00 c. 3 - 4 events per application $325.00 d. 5 - 6 events per application $425.00 B. Environmental Fees 1. Minor Environmental Assessment (Determination) Actual Processing Costs - $50.00 deposit 2. Major Environmental Assessment (Initial Study) Actual Processing Costs - $500.00 deposit 3. Negative Declaration Actual Processing Costs - $2,500.00 deposit 4. Environmental Impact Report Actual Processing Costs - $15,000.000 deposit plus 10% to Fire Department Resolution No. 5898 Fee Schedule 2009 -2010 12of37 C. Transportation Facilities and Programs Development Fees Land Use Type Fee /Unit Shopping Center (up to 175,000 sq. ft.) $12.15 per sq. ft. of gross leasable area Shopping Center (over 175,000 sq. ft.) $3.77 per sq. ft. of gross leasable area General Office Building $4.12 per sq. ft. of gross leasable area Quality Restaurant $9.33 per sq. ft. of gross floor area Hotel $860.67 per room or suite Single Family Detached Housing $1,452.21 per dwelling unit Multi Family Attached Housing (Apartment) $952.99 per dwelling unit Multi Family Attached Housing (Condominium) $783.00 per dwelling unit City Park $4,754.82 per acre Other Land Use Types $1,547.46 per PM peak hour trip generated D. Transportation Facilities and Programs Development Application Fee Land Use Type Fee /Unit Shopping Center (up to 175,000 sq. ft.) $1.81 per sq. ft.of gross leasable area Shopping Center (over 175,000 sq. ft.) $.55 per sq. ft. of gross leasable area General Office Building $.59 per sq. ft. of gross leasable area Quality Restaurant $1.39 per sq. ft. of gross floor area Hotel $121.51 per room or suite Single Family Detached Housing $216.62 per dwelling unit Multi Family Attached Housing (Apartment) $142.02 per dwelling unit Multi Family Attached Housing (Condominium) $118.58 per dwelling unit City Park $706.21 per acre Other Land Use Types $215.21 per PM peak hour trip generated E. Main Street Specific Plan Zone In - Lieu Parking Fees The following per space in -lieu parking fee is hereby established for uses on commercially zoned parcels located within the Main Street Specific Plan Zone: 1. A $3,500.00 fee per deficient space for all such uses established on or after September 1, 1996. Such fee shall be calculated by multiplying the number of parking spaces required, for the use that is not provided either on -site or within 300 feet of the parcel on which the use is situated, by $3,500.00. 2. An annual fee of $100.00 per deficient space for all such uses established prior to September 1, 1996 which are currently operating under an existing land -use entitlement wherein as a condition of approval the applicant agreed to participate in the City's in lieu parking program, except for those uses governed by Section 3 hereinafter. Such annual fee shall be calculated by multiplying the number of parking spaces required, for the use that Resolution No. 5898 Fee Schedule 2009 -2010 13 of 37 is not provided either on -site or within 300 feet of the parcel on which the use is situated, by $100.00. 3. For all such uses established prior to September 1, 1996 pursuant to a development agreement wherein the applicant agreed to participate in the City's in lieu parking program, the fee per deficient space shall be a specified in the applicable development agreement for the subject property. SECTION 4. POLICE FEES A. Alarm System Application Fees The following will be charged for alarm system applications (July 1 - June 30): 1. Indirect Alarm - Business Permit $35.00 2. Indirect Alarm - Resident Permit $25.00 3. False Alarm - penalties will be assessed in the event of the following: Per Call Fee 1st and 2nd false alarms No Charge 3rd false alarm $50.00 4th false alarm $75.00 5th false alarm $125.00 6 or more false alarms $175.00 each B. Animal Control Fees 1. Animal licenses pursuant to Section 7.05.040.A of the Code: a. Dog unaltered $65.00; altered $12.00 b. Sr. Citizen Discount 50% 2. Impound of small animals (cats, dogs, etc.): Seal Beach Animal Care Center a. Impound Fee $25.00 b. Daily Care and Feed $5.00 3. Quarantine of small animals: a. Impound Fee $45.00 b. Daily Care and Feed $10.00 4. Quarantine on owner's property $25.00 5. Veterinary Services: a. Rabies Vaccination Actual Cost b. Relative Value unit Actual Cost c. Other procedures (x -ray, lab, etc.) Actual Cost d. Medical or surgical care Actual Cost ' e. Euthanasia (request by owner) $25.00 plus actual cost 6. Dog Park Fees: a. Non - resident use — annual fee — altered dog $12.00 b. Non - resident use — annual fee — unaltered dog $27.00 c. Failure to lock gate $50.00 d. Exceeding 3 dog limit in park — per additional dog $25.00 Resolution No. 5898 Fee Schedule 2009 -2010 14 of 37 e. Attack/bite or attempt on any person or dog $30.00 f. Vicious animal by definition $50.00 g. A quarantined animal $75.00 h. Failure to remove feces $25.00 7. Non - domestic Animal: a. Permit $45.00 C. Beach Parking Services 1. Beach parking lots daily rates: a. Automobiles /motorcycles $6.00 b. Buses, motor homes, and other vehicles Over 25 Feet $6.00 per space used c. Rates for automobiles /motorcycles parking after 6:00 p.m $2.00 d. Rates for vehicles over 25 feet, parking after 6:00 p.m $2.00 per space used 2. Annual parking passes, for day use only, entitles the holder to daily parking in any beach lot and valid twelve months from date of purchase: a. Seal Beach residents $100.00 b. Non - residents $150.00 c. Non - resident senior citizen with annual gross income less than $30,000 annual beach pass $75.00 d. Resident senior citizen with annual gross income less than $30,000 annual beach pass $60.00 *Senior Citizens must provide proof of annual income. *NOTE: The annual beach - parking pass does not include buses, motor homes, and vehicles over 25 feet in length. The passes do not cover trailers attached to vehicles. 3. Disabled parking - any disabled person or disabled veteran displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the 1st, 8th and 10th Street ocean -front Municipal Parking Lots without being required to pay parking fees. The disabled parking exemption is only for vehicles under 25 feet in length and does not cover trailers, campers and or fifth wheelers attached to the vehicle. If more than one parking space is used the regular daily beach use charge must be paid for the second space used. 4. Miscellaneous Rate Information: a. The City Manager is authorized to charge amounts less than the rates specified, for certain days or certain times of day, if he or she determines that a lower rate is appropriate. Resolution No. 5898 Fee Schedule 2009 -2010 15 of 37 b. Beach rates may fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed $6.00 per automobile. c. Use and fees for beach parking for special events are subject to arrangements through AMPCO parking. D. Citation Sign -off A fee of $10.00 will be charged for each citation sign -off E. Fingerprint Cards 1. Resident $10.00 2. Non - resident $20.00 F. Parking Stickers The following fees are charged for annual parking permits: 1. Resident $10.00 2. Guest $14.00 3. Business $40.00 *NOTE: Permits are issued each fiscal year (July 1st through June 30th) and are not prorated. G. Passport A $20.00 fee will be charged for the preparation of a letter attesting to an individual's lack of criminal contact with the Seal Beach Police Department ' that will be used to obtain a passport. • H. Photographs 1. Digital reprints or digitally scanned photos $40.00 2. Digital audio file reproduction $40.00 3. Video file reproduction $40.00 4. Reprints of 35 mm photos $25.00 plus actual costs I. Traffic Collision Reports The following fees will be charged for copies of all investigative reports performed on traffic collisions: 1. Non - resident $40.00 2. Resident $10.00 3. Miscellaneous Police Reports $10.00 J. Vehicle Storage 1. Copy of signed vehicle storage release form $80.00 2. Copy of signed vehicle impound release and administrative overhead associated with a 30 day impound $180.00 Resolution No. 5898 Fee Schedule 2009 -2010 16of37 K. Massage Technician Permit Background Check An application fee of $500.00 will be charged for the investigation and report required for a massage technician permit. L. Parking Violation Fees SBMC Number Fee 8.15.080 Parking in alley $40.00 8.15.105 Expired meter $40.00 8.15.010 Parkway violation $40.00 8.15.010 Red curb /sign violation $40.00 8.15.010 Traffic hazard $40.00 8.15.010 Traffic hazard on private /public property $40.00 8.15.010 Blocking entrance to garage $40.00 8.15.010 Street sweeping violation $40.00 8.15.020 Failure to park in marked stall $40.00 8.15.025 72 hour parking violation $40.00 8.15.030 Parking with for sale sign $40.00 8.10.105 Repairing vehicle on street $40.00 8.15.050 Parking /driving on private property $40.00 8.15.055 Parking in violation of special event sign $40.00 8.15.055 Green curb violation $40.00 8.15.055 One hour violation $40.00 8.15.055 Two hour violation $40.00 8.15.115 Diagonal parking /not in lines $40.00 8.15.115 Diagonal parking /over 6" from curb $40.00 8.15.065 Parking on city property violation $40.00 8.15.075 Parking in a loading zone $40.00 8.15.105 Excessive vehicle length $40.00 8.20.010 Parking in a lot without paying $40.00 8.15.085 Parking an oversize vehicle $40.00 8.15.085 Parking an unattached trailer $40.00 8.15.090 Illegal commercial vehicle parking $60.00 CVC Number 21113(a) On school grounds, obey signs $40.00 21211(a) Parking in a bike lane $40.00 22500.1 Parking in a fire lane $65.00 22500(a) Parking in an intersection $40.00 22500(b) Parking in a crosswalk $40.00 22500(e) Parking across a driveway $40.00 22500(f) Parking on a sidewalk $40.00 22500(h) Double parking $40.00 22500(k) Parking on a bridge $40.00 22502(a) Parking more than 18" from curb $40.00 22505(b) Illegal parking on a state highway $40.00 22514 Fire hydrant violation $65.00 Resolution No. 5898 Fee Schedule 2009 -2010 17of37 22515(a) Leaving vehicle with engine running $40.00 22522 Illegal parking at access ramp $40.00 M. Firearm Safe Keeping Storage $65.00 per 6 months N. Booking Fee $254.00 SECTION 5. PUBLIC WORKS FEES A. Blueprinting and /or Plots 1. Bluelines or plots: a. For first sheet $5.00 b. Additional sheets up to maximum of 5 $2.00 per sheet *NOTE: All other reproductions are paid for directly by applicant through City's bonded blueprinter. 2. Color Plots $8.00 per sheet B. Subdivision Plan Check 1. Tentative Map - Deposit $600 minimum *NOTE: If additional lots are added, the deposit shall be increased by $50.00 for the first five parcels, lots or units and $20.00 for each additional after the first five. If a revised map is substituted for an approved or conditionally approved map, the deposit shall be increased for processing the revised maps. 2. Tentative Map — Time and Materials Actual Processing Costs *NOTE: Following staff review, the City may require an additional cash deposit estimated by the City Engineer or Development Services Director to sufficiently cover the actual cost of any private consulting firm used by the City in the technical review of the tentative map submittals or in preparation of the EIR. C. Final Filing Map 1. Final Subdivision Map Filing $175.00 *NOTE: The Orange County Surveyor's Office will also require a fee deposit in an amount established by that office to cover the costs of the boundary check of the final map. 2. Final Map Plan Check $600.00 minimum deposit plus $50.00 per parcel, lot or unit plus time and materials 3. Final Map Construction Minimum deposit determined by Engineering division by estimating 5% of construction costs plus time and materials Resolution No. 5898 Fee Schedule 2009 -2010 18of37 *NOTE: The deposit shall cover all actual costs for plan check, construction engineering, management and inspection for all required public improvements by City and/or private consulting firms. All deposits must be paid before the City Council approves the final map. All actual costs must be paid before acceptance of the public improvement and release of the subdivision bonds. 4. Lot Line Adjustment: a. For each lot line adjustment $150.00 b. For each Certificate of Compliance $150.00 c. Map checking $350.00 (minimum deposit plus time and materials) d. Appeal of denial within 15 days of date of mailing of notice of action by City $100.00 5. Parcel Map Waiver: a. Certificate of Compliance $200.00 (plus all required tentative map fees) b. Minimum deposit for review and plan check, and accompanying materials by City, City Attorney and /or private consulting firms $500.00 plus time and materials D. Plan Check and Review 1. Type A Initial Development Review $85.00 (per review plus time and materials) *NOTE: Minimum deposit to cover costs to review property for conformance to non - subdivision development standards for the construction of public improvements for one single - family residence. 2. Type B Initial Development Review $300.00 (per review plus time and materials) *NOTE: Minimum deposit to cover costs to review traffic, public works improvements and /or utility modifications on property other than single- family residence. 3. Utility Company Plan Checks $1,500.00 (minimum deposit plus time and materials) *NOTE: Any plan check necessary for a utility will be billed on a time and material basis. The minimum total deposit will be maintained in an account to cover costs of any work performed during the year. 4. Type A Grading /Drainage Plan Check $700.00 (per review plus time and materials) *NOTE: Minimum deposit to cover cost of reviewing plans, geo- technical, hydrology, and hydraulics for construction of one new single family residential home. Additional Resolution No. 5898 Fee Schedule 2009 -2010 19of37 deposits are required for applicant changes, revisions, additions to the plans or if more than 3 plan checks am necessary. 5. Type B Grading /Drainage Plan Check Minimum deposit* (plus time and materials) *NOTE: Minimum deposit to cover cost of reviewing plans, geo- technical, hydrology, and hydraulics for all other types of construction that require a grading permit. Additional deposits are required for applicant changes, revisions, additions to the plans or if more than *Minimum deposit shall be established by Engineering based upon size and scope of project. 6. Plan Check for Public and Utility Improvements for New Developments Minimum deposit* (plus time and materials) *NOTE: For other than one Single Family Residential, plan checks will be billed on a time and material. *A minimum deposit will be collected from the developer in advance of any work performed and shall be established by Engineering based upon size and scope of project. 7. Plan Research $250.00 (per application plus time and materials) *NOTE: Minimum deposit to cover costs for expedited research of utility plans for commercial developments. 8. Traffic Plan Review $150.00 (per application plus time and materials, including 1 -hour minimum plan check) 9. Geologic Investigation for Grading Time and materials (deposit determined by Engineering Division) E. General Construction Permits 1. Permit Issuance Fee $20.00 each 2. Construction Parking Permit $10.00 per day per space for parking in public right of way 3. Street Obstruction $45.00 each application for placement of dumpster and storage in public right of way for a period of not more than 45 days 4. Class A Public Works /Encroachment Permit Costs and Plan Check $120.00 minimum deposit per application plus time and materials *NOTE: Minimum deposit to cover costs for only sidewalk, curb and gutter, driveway approach, curb cores, dirt excavations in parkways, street cuts less than 20 square feet. Valuation of all work performed shall not exceed $5,000.00 as determined by the Engineering Division. A cash deposit will be collected as determined by Engineering for the approximate value of the work as guaranty that the work is performed properly. Resolution No. 5898 Fee Schedule 2009 -2010 20 of 37 5. Class B Public Works /Encroachment Permit Costs and Plan Check $500.00 per application plus time and materials *NOTE: Minimum deposit includes any non -class A encroachment, others not listed in another classification, plan review, etc. A cash deposit will be collected as determined by Engineering Division for the approximate value as guaranty that the work is performed. 6. Inspection for Public Works Improvements for New Developments Minimum deposit (plus time and materials) *NOTE: For other than one single - family residence, inspection will be billed on a time and material basis. A minimum deposit will be collected from the developer in advance of any work performed and shall be established by Engineering based upon size and scope of project. 7. Water Quality /Pollution Prevention Inspection $150.00 minimum deposit per application plus time and materials 8. Grading Permit Inspection Type A $150.00 minimum deposit per application plus time and materials *NOTE: Minimum deposit to cover costs of inspection for one single - family residence in accordance with grading plan. 9. Grading Permit Inspection Type B Minimum deposit plus time and materials *NOTE: For other than one single - family residence, inspection will be billed on a time and material basis. A minimum deposit will be collected from the developer in advance of any work performed and shall be established by Engineering based upon size and scope of project. 10. Grading and Site Clean -up Deposit $1,750.00 minimum deposit to cover possible damage to public improvements, use of City resources for enforcement of Water and Air Quality Issues and to ensure proper completion of the required work *NOTE: Greater deposits for larger developments may be required as determined by Engineering. 11. Utility Permits $1,500.00 minimum deposit plus time and materials for each occurrence in public right of way *NOTE: Any work done by a Utility will be billed on a time and material basis. The minimum total deposit will be maintained in an account to cover costs of any work performed during the year. Additional deposits may be required depending upon the size and scope of the work. Resolution No. 5898 Fee Schedule 2009 -2010 21 of 37 12. Non - Standard Improvement $220.00 filing fee *NOTE: If permit is approved, applicant shall also obtain a Class A public work permit. 13. Monitoring Well (Inspection Deposit) $160.00 minimum deposit per location plus time and materials for each occurrence in public right of way 14. • Soil Boring (Inspection Deposit) $160.00 minimum deposit plus time and materials for each occurrence in public right of way 15. Banner Permit (Inspection Deposit) $40.00 fee *NOTE: Deposit does not include installation. Applicant must hire a licensed contractor to install the banner upon issuance of the permit and signing of the agreement. 16. Construction Scaffolding /Fencing.. $45.00 fee each 25 ft. of location 17. Street Tree Removal Application $90.00 filing fee 18. Street Tree Trimming (Inspection Deposit) $75.00 minimum (plus time and materials for each occurrence in public right of way) 19. Street Closure Permit (Inspection Deposit) $110.00 minimum (plus time and materials for each occurrence in public right of way) *NOTE: Applicants will need to hire their own traffic control contractor to supply and place barricades as well as post for no parking for street closures. City barricades may be used only upon written permission from the Public Works Department in specific instances. Barricades would be rented at current market rates (usually $3.00 per barricade per day.) There will also be replacement charge for each non - retumed or damaged barricade ($55.00). For any street closure at a signalized intersection or that directly affects traffic on an arterial roadway, a traffic plan review will be required. 20. Street Closure (Refundable Guaranty) $750.00 minimum deposit (for each block of street closed to cover clean up and /or damage costs) 21. City Crew Charge $250.00 minimum charge (for any work performed by City crews) 22. Park Damage (Refundable Guaranty) $750.00 minimum deposit (for use of parks or beach for special events. Larger deposits may be conditioned depending upon the size and the scope of the event) 23. Crane Permit (Inspection Deposit) $110.00 minimum deposit (plus time and materials for each occurrence in public right of way) 24. Batching /Mixing (Inspection and Guaranty) $110.00 inspection deposit (and $500.00 minimum refundable deposit to cover possible damage to public improvements and necessary clean up to comply with clean water regulations) Resolution No. 5898 Fee Schedule 2009 -2010 22 of 37 F. Sewer Utility Services 1. Inspection for Sewer Works for New Developments Minimum deposit (plus time and materials) *NOTE: For other than one single - family residence, inspection will be billed on a time and material basis. A minimum deposit will be collected from the developer in advance of any work performed and shall be established by Engineering based upon size and scope of project. 2. Sewer Service Connection Inspection $200.00 minimum deposit per application plus time and materials 3. Sewer Service Connection Charge - "Buy In" Fees are calculated using the value of the existing system that is not subject to replacement through the existing Capital Improvement Project (CIP) program and the total annual water use by sewer system customers in billing units. Beginning July 1, 2002 and every July 1 thereafter, the fee will automatically increase by an amount calculated using the following formula - multiply the most recent fee in effect by the percentage increase over the previous 12 months immediately preceding the most recent publication of the Engineering News Record of Construction Cost Index existing on July 1 of the year of the increase. The previous ENR Construction Cost Index was 8293. The ENR Construction Cost Index for June 2009 is 8578. Fees shall not decrease below the level of rates existing on July 1, 2002. Water Service Size Residential Commercial, Industrial, Gov't 5/8 ", 3/4" $1,417.00 $1,516.00 1" $1,835.00 $2,948.00 1.5" $3,418.00 $3,879.00 2" $5,129.00 $15,919.00 3" $39,890.00 $44,198.00 4" $61,609.00 $74,323.00 6" N/A $113,145.00 8" N/A $450,150.00 4. Fats, Oils & Grease (FOG) Wastewater Discharge Permits a. Permit issuance fee $50.00 each b. Grease control device lid inspection fee $30.00 each c. Best Management Practices (BMP) program inspection fee $40.00 each visit (2 /year for FSE's with grease control devices) (4 /year for FSE's without grease control devices) d. Grease Disposal Mitigation/Waiver Fee Each $500.00 annually (Sewer cleaning fee) Resolution No. 5898 Fee Schedule 2009 -2010 23 of 37 e. Non - compliance BMP inspection return fee $40.00 each visit f. Non - compliance sewer cleaning fee $180.00 per hour g. Non - compliance sewer video inspection fee $300.00 per hour *NOTE: Any cost increases to the City, additional services, and materials provided by the City, not listed above such as spill response or additional sewer main line cleaning due to accumulation of FOG will be billed directly to the responsible party for actual costs incurred on a time and material basis. Any delinquencies, penalties, appeals, hearings, suspensions, revocations, violations, and enforcements are established by the FOG Ordinance. FSE's requesting a permit within a calendar year shall have the fees pro-rated on a month end basis. G. Water Utility Services 1. Water Service Connection Inspection $200.00 minimum deposit (per application plus time and materials) 2. Water Service Connection Materials Actual cost (of any required materials and miscellaneous equipment for meter plus 20% administration) 3. Water Works Inspection for New Developments minimum deposit plus time and materials *NOTE: For other than one single - family residence, inspection will be billed on a time and material basis. A minimum deposit will be collected from the developer in advance of any work performed and established by Engineering based upon size and scope of project 4. Meter Testing Deposit $100.00 per test (refundable if meter is inaccurate) 5. Hydrant Water Meter Installation $125.00 (to cover cost for labor, materials and equipment per each move or location) 6. Hydrant Water Meter Deposit $600.00 minimum deposit *NOTE: Water shall be billed against deposit. If cash balance drops below $500.00, an additional deposit will be required. 7. Fire Hydrant Flow Test $250.00 minimum deposit (per each application plus time and materials) 8. New Water Service Connection Charge - "Buy In" For services that have never been connected or paid into the system, fees are calculated using the value of the existing system that is not subject to replacement through the existing Capital Improvement Project (CIP) program and the total annual water use by system customers in billing units. Beginning July 1, 2002 and every July '1 thereafter, the fee will automatically increase by an amount calculated using the following formula - multiply the most Resolution No. 5898 Fee Schedule 2009 -2010 24 of 37 recent fee in effect by the percentage increase over the previous 12 months immediately preceding the most recent publication of the Engineering News Record of Construction Cost Index existing on July 1 of the year of the increase. The previous ENR Construction Cost Index was 8293. The ENR Construction Cost Index for June 2009 is 8578. Fees shall not decrease below the level of rates existing on July 1, 2002. Water Service Size Residential Commercial. Industrial. Gov't 5/8 ", 3/4" $3,136.00 $3,632.00 1" $3,873.00 $6,960.00 1.5" $8,053.00 $9,065.00 2" $11,372.00 $37,329.00 3" $90,892.00 $97,883.00 4" $126,660.00 $126,660.00 6" $209,746.00 $209,746.00 Greater than 6" Connection charges shall be determined by the City Engineer and approved by Council at the time of development or request. H. Transportation Permits ....A fee of $16.00 per application will be charged for oversize load permits I. Cali Outs — for all departments For emergency or after hour call outs for public right of way or utility work performed due to action of responsible party, a $250.00 minimum plus time and materials will be charged. J. Multiplier A 20% multiplier will be used when calculating costs to cover administrative overhead for Public Works staff. K. Miscellaneous 1. Hourly Rate for Development & Other Projects: a. City Forrester /Arborist $80.00 per hour b. City Traffic Engineer (Reg.) $175.00 per hour c. Utilities Engineer (Reg.) $170.00 per hour d. Development Coordinator (Reg.) $165.00 per hour e. Project Inspector $125.00 per hour f. Construction Engineer (Reg.) $145.00 per hour 2. City Engineer Variance Fee $475.00 *NOTE: All minimum deposits established above must be paid at the time of submittal of applications. The deposits shall cover the actual cost including but not limited to review, plan check, administration, coordination and construction administration, inspection and engineering by City, private consulting firms and/or outside Resolution No. 5898 Fee Schedule 2009 -2010 25 of 37 contractors. Additional deposits will be collected if initial deposits are insufficient to cover actual costs. Any excess deposits over minimum amount will be returned to the applicant. Plan Check deposits for water, sewer, street, utility company work with pipeline/conduit lengths greater than 250', traffic signals, etc. are estimated per the following: $720.00 (8 hrs) for the first two sheets (includes general note/title sheet) and $270.00 (3 hrs) for each additional sheet. Plans must be 24" by 36" (22" by 34 ") and 1" = 40' scale without exception. Plan Check for Traffic Control on Arterials/Intersections is estimated on $270.00 (3 hrs) per sheet. There will be additional deposits required after the third review and each plan revision after approval of the plans by the City Engineer. 3. Publications: a. Public Works Standard Conditions of Approval for Vesting Tentative and Tentative Subdivision Maps $3.00 /book b. Standard Plans for Water Facilities $3.00 /book c. Standard Plans for Sewer Facilities $3.00 /book d. Design Criteria for Sewer Facilities $3.00/book e. Standard Plans for Streets $3.00 /book f. Grading and Stormwater Pollution Prevention Implementation Manual $5.00 /book g. 5 -Year Capital Improvement Program $8.00 /book 4. Special Events Fees: a. Power Turn On for Special Events (each location) .... $30.00 b. Pier Restroom Cleaning (each occurrence) $50.00 c. Building Facility Cleaning (each occurrence) $50.00 d. Street Sweeping (after Special Events 2 hr /min).... $150.00 5. Newsracks: a. Newsrack Permit Fee — Non -Lottery Locations $71.00 b. Newsrack Permit Fee — Lottery Locations $110.00 c. Newsrack Summarily Impound Fee $120.00 d. Newsrack Non - Summarily Impound Fee $61.00 e. Newsrack Non - Summarily Impound Fee after Required $100.00 SECTION 6. RECREATION FEES A. Community Center Facilities Resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. Youth resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach or having students attending a school within the Los Alamitos Unified School District system. Youth groups are also defined as being groups with all persons being age 18 and under. The following group categories are listed in order of priority use. Resolution No. 5898 Fee Schedule 2009 -2010 26 of 37 1. Recreation sponsored or co- sponsored activities /meetings: No rental fee a. Key Deposit $100.00 b. Staff Fee $15.00 per hour 2. Resident non - fundraising meetings of civic or service organizations Annual cleaning fee $100.00 3. Resident activities /special events of civic or service organizations: a. Large Room Fee $ 30.00 per hour b. Small Room Fee $20.00 per hour c. Cleaning Fee $50.00 to 150.00 based on usage d. Key Deposit $100.00 e. Staff Fee $15.00 per hour 4. Resident fundraising activities of civic or service organizations: a. Large Room Fee $25.00 per hour b. Small Room Fee $15.00 per hour c. Cleaning Fee $50.00 to 150.00 based on usage d. Key Deposit $100.00 e. Staff Fee $15.00 per hour 5. Non - resident, non - fundraising activities of civic or service organizations: a. Large Room Fee $45.00 per hour b. Small Room Fee $30.00 per hour c. Cleaning fee $50.00 to 150.00 based on usage d. Key Deposit $100.00 e. Staff Fee $15.00 per hour 6. Non •resident activities: a. Large Room Fee $50.00 per hour b. Small Room Fee $35.00 per hour c. Cleaning fee $50.00 to 150.00 based on usage d. Key Deposit $100.00 e. Staff Fee $15.00 per hour 7. Commercial or profit- making activities: a. Large Room Fee $100.00 per hour b. Small Room Fee $50.00 per hour c. Cleaning fee $150.00 d. Key Deposit $100.00 e. Staff Fee $15.00 per hour 8. Weddings and Wedding Receptions - Resident $600.00 for 6 hours a. Cleaning fee $150.00 b. Staff Fee $15.00 per hour 9. Weddings and Wedding Receptions - Non- Resident$750.00 for 6 hours a. Cleaning fee $250.00 b. Staff Fee $15.00 per hour 10.Alcoholic beverages served at non -city functions $30.00 per hour 11. Use of Kitchen during meeting or event $50.00 to 100.00 (based on usage) Resolution No. 5898 Fee Schedule 2009 -2010 27 of 37 12. Liability /special event insurance Actual cost (or proof "of certificate insurance with City additionally insured) B. Senior Center Rental Fees To qualify for use of the Senior Center facility on a regular reservation basis, a group must have 60% of its membership age 55 years or older. Resident groups shall be those groups having at least 60% of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. Any requests for waiver of fees by a group will require City Council approval. The following group categories are listed in order of priority use. 1. Recreation sponsored or co- sponsored activities /meeting No rental fee a. Key Deposit $100.00 2. Resident non - fundraising activities of civic or service organizations: a. Annual cleaning fee $100.00 b. Key Deposit $100.00 3. Resident fundraising activities of civic or service organizations: a. Per hour $25.00 b. Cleaning fee $50.00 to $150.00 based on usage c. Key Deposit $100.00 4. Non - resident non - fundraising activities of civic or service organizations: a. Per hour $45.00 b. Cleaning fee $50.00 to $150.00 based on usage c. Key Deposit $100.00 5. Non - resident fundraising activities of civic or service organizations: a. Per hour $50.00 b. Cleaning fee $50.00 to $150.00 based on usage c. Key Deposit $100.00 6. Alcoholic beverages served at non -city functions $30.00 additional 7. Kitchen Use Fee $50.00 to $100.00 based on usage 8. Liability /special event insurance...Actual cost or proof of certificate of insurance with City additionally insured. C. Swimming Pool Fees Resident groups shall be those groups having at least 60% of their active membership residing within the City of Seal Beach. Resident groups have preference over non - resident groups. The following group categories are listed in order of priority use. 1. Recreation swim: a. Children 17 years of age and under $2.00 per person per session b. Adults 18 years of age and over $2.50 per person per session 2. Family swim (maximum of 4 in family) $10.00 per family Resolution No. 5898 Fee Schedule 2009 -2010 28 of 37 3. Adult Swim Admission by swim pass...$2.50 per person per session 4. Swim Instruction: a. Resident fees $40.00 b. Non - resident fee $60.00 c. Competitive Swim Instruction $25.00 per hour (entitles members of the Seal Beach Swim Team to participate in scheduled competitive workouts) 5. Group rentals: The pool is available for two hour supervised pool parties at the following rental rates: a. Resident rental - 20 participants or less $150.00 An additional $15.00 per hour is charged for parties with over 20 swimmers plus $50.00 to $100.00 cleaning deposit b. Non - resident rental - 20 participants or less $180.00 An additional $15.00 per hour is charged for parties with over 20 swimmers plus $50.00 to $100.00 cleaning deposit 6. Use of the Swimming Pool by Commercial Users: Should the pool become available for rental by commercial users providing instruction in SCUBA diving or similar instruction, the City shall receive an amount equal to 20% of the gross receipts of said user, providing that in no case shall the fee be less than $80.00 per hour with a minimum of $200 security deposit. 7. Liability /special event insurance Actual cost (or proof of certificate of insurance — City additionally insured) D. Recreation Program Fees The Recreation and Community Services Director shall establish fees for the various recreation programs. These fees shall be based on type of program, number of participants and instructors, officials, etc., required in the program and shall be based on full cost recovery where feasible, including cost of administrative services. E. Fees for Use of Municipal Athletic Facilities The following rates shall be in effect for all reservations made through the Recreation Office. Youth Resident Groups are defined as a group having 60% of its membership residing in Seal Beach or having a student attending a Los Alamitos Unified School District. Youth Resident Groups are defined as persons age 18 and under. The following group categories are listed in order of priority use. 1. All community parks: a. Youth resident groups $5.00 per hour b. Youth non - resident groups $20.00 per hour c. Adult resident groups $20.00 per hour d. Adult non - resident groups $40.00 per hour e. Business Use $80.00 per hour Resolution No. 5898 Fee Schedule 2009 -2010 29 of 37 2. Bluebell lights and field: a. Youth resident groups $20.00 per hour b. Youth non - resident groups $30.00 per hour c. Adult resident groups $30.00 per hour d. Adult non - resident groups $50.00 per hour e. Business Use $80.00 per hour 3. Edison softball diamond (no lights): a. Youth resident groups $5.00 per hour b. Youth non - resident groups $20.00 per hour c. Adult resident groups $20.00 per hour d. Adult non - resident groups $40.00 per hour e. Business Use $80.00 per hour 4. Zoeter softball diamond (no lights): a. Youth resident groups $5.00 per hour b. Youth non - resident groups $20.00 per hour c. Adult resident groups $25.00 per hour d. Adult non - resident groups $40.00 per hour e. Business Use $80.00 per hour 5. Zoeter softball diamond (with lights) /premier diamond: a. Youth resident groups $30.00 per hour b. Youth non - resident groups $40.00 per hour c. Adult resident groups $50.00 per hour d. Adult non - resident groups $60.00 per hour e. Business Use $100.00 per hour 6. Maintenance of Edison, College Park or Zoeter ball diamond $40.00 a day per field 7. Rental of Bases $25.00 per day - $125.00 minimum deposit 8. Gymnasium - minimum usage of 2 consecutive hours: a. Youth resident groups with non - profit status $15.00 per hour b. Youth non - resident groups with non - profit status $25.00 per hour c. Youth resident groups for private use $25.00 per hour d. Adult resident groups $35.00 per hour e. Adult non - resident groups $50.00 per hour f. Business Use $60.00 per hour g. Use of gym over 2 hour minimum 1) Youth $10.00 per hour 2) Adult $20.00 per hour 3) Business $30.00 per hour 9. Heather and Marina Tennis Courts: a. Youth resident groups $15.00 per hour b. Youth non - resident groups $20.00 per hour c. Adult resident groups $30.00 per hour d. Adult non - resident groups $35.00 per hour Resolution No. 5898 Fee Schedule 2009 -2010 30 of 37 *NOTE: Business use is not permitted at these locations. 10. Liability /special event insurance Actual cost (or proof of certificate of insurance with City additionally insured) 11. Annual Maintenance Fee for organized youth or adult groups $100.00 F. Edison Community Garden Fees To qualify for the use of an Edison Garden one must be able to prove that he /she is a resident in the City of Seal Beach. If a gardener moves out of the City of Seal Beach, he /she must relinquish his /her plot by harvest end. Rental of a garden plot is for one calendar year. Applications must be returned with payment to the Recreation and Community Services office prior to January 16th of each year in order to be renewed. After the renewal deadline, any remaining plots will be assigned to those on the waiting list. Rental of Garden plots $.08 per square foot G. Tennis Center Fees /Rates The City of Seal Beach Tennis Center provides a wide range of amenities which include a pro shop, fitness center, locker rooms, and the following services: 1. Single membership $95.00 per month / $1,045.00 annually 2. Couple membership $115.00 per month / $1,265.00 annually 3. Family membership $125.00 per month / $1,375.00 annually 4. Junior membership $50.00 per month / $550.00 annually with a $125.00 one time administration fee 5. Fitness membership $20.00 per month / $220.00 annually with a $50.00 one time administration fee 6. Guest fee with member $10.00 (once per month) 7. Guest fee during general public hours $7.00 per day 8. Court fee $10.00 per hour per court during the hours of 12:00 p.m. to 5:00 p.m. 9. Court fee $12.00 per hour per court during the hours of 5:00 p.m. to 9:30 p.m. 10. Ball machine $16.00 per hour $8.00 per hour for members *N ote: Seal Beach residents save $2.00 per hour per court and Junior rates are $5.00 per hour per court (17 years and under) - adult rates apply if junior and adult play together. (Please note that special event charges are imposed by the management and are not governed in this fee resolution.) Resolution No. 5898 Fee Schedule 2009 -2010 31 of 37 H. Special Activity Request Application Fees All Special Activity Request Applications shall be accompanied with the appropriate application fee deposit as set forth below. The application fee shall be the full cost of all appropriate department review and approval. A reconciliation form shall be provided to the applicant with an invoice for additional payment or a refund of excess deposit, and all appropriate funds due to City or applicant shall be cleared before a Special Activity - Request Permit is issued. 1. Recreation sponsored or so- sponsored activities No deposit required 2. Resident non - fundraising activities of civic or service organizations No deposit required 3. Resident activities $25.00 minimum deposit 4. Non - resident, non - fundraising activities of civic or service organizations $75.00 minimum deposit 5. Non - resident activities $60.00 minimum deposit 6. Commercial or profit- making activities $140.00 minimum deposit 7. Weddings and wedding receptions, memorial services, and other group activities involving 25 persons or more (including City Hall Courtyard and public beach) - outdoor ceremonies are subject to City scheduling: a. Resident -1 to 2 hours $100.00 b. Resident - 2 to 4 hours $250.00 c. Non - resident - 1 to 2 hours $200.00 d. Non - resident - 2 to 4 hours $350.00 8. Alcoholic beverages served at non -city functions...$40.00 additional 9. Banner Placement Activities Actual costs plus $100.00 deposit 10. Booth space for special events sponsored by the Recreation Department: a. Non - Profit Group $50.00 b. For - Profit Group $100.00 *NOTE: Application fees for certain charitable events, banner placement requests, etc. may be waived upon determination by Recreation and Community Services Director or designee. SECTION 7. FILMING CHARGES & FEES A. Commercial Still Photography: 1. Annual permit application fee $50.00 2. Business license $207.00 3. Location fee - general $100.00 per day B. Motion Picture including Video: 1. Permit application fee $150.00 2. Business license $207.00 Resolution No. 5898 Fee Schedule 2009 -2010 32of37 3. Location fee - general $400.00 per day C. Use of City Property — in addition to general location fee: 1. Beach, Pier and Park Area $300.00 per day 2. Lifeguard Station - interior $200.00 per day 3. City Hall $200.00 per day *NOTE: Use of other city property will be charged per fees identified elsewhere in this Resolution or by determination of the City Manager's Office. D. Use of Personnel 1. City Personnel Reimbursed at time and half 2. Police Personnel $64.25 per person (per hour /4 hour minimum) 3. Lifeguard Personnel $40.00 per person (per hour/ 4 hour minimum) E. Use of City Equipment and Vehicle Market rental rates F. Use of City Parking Lots: 1. Winter period (September 16 thru May 14) . $12.00 per space 2. Summer period (May 15 thru September 15) $18.00 per space *NOTE: Use and fees for beach parking lots subject to arrangements through Ampco Parking. SECTION 8. WATER USE /BILLING FEES 1. Water Turn -On Fee for new customers $20.00 2. Late Payment: Penalty for water bills paid after 35 days 10% of total water bill 3. Water Turn -On Fee due to water being turned off for non - payment of bill $75.00 ** *after hour turn on fee (after 5:00 pm) is $150.00 4. Water Turn -On Fee for after hours Section 5.1— fees for call -outs *NOTE: After a customer's door is tagged more than two times for failure to pay water bill, a $30.00 fee will be added to the customer's water bill for each time door is tagged. Resolution No. 5898 Fee Schedule 2009 -2010 33 of 37 SECTION 9. UNSPECIFIED FEES Whenever fees are charged for services provided by the City and no method for the calculation is specified through this Resolution, other City Council resolutions, the Code of the City of Seal Beach, or other state or federal rulings, the fees shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, material and equipment costs and the cost of overhead at 32.40% percent of the total. SECTION 10. FINGERPRINT FEES The charge for taking fingerprints is $76.00. This fee covers the cost of what the Department of Justice charges for processing the fingerprints. SECTION 11. BUSINESS LICENSE TAX & PERMITS *NOTE: Per the City Municipal Code section 5.10.030 the business license tax amount for all businesses other than those based on gross receipt taxes, shall be adjusted annually on July 1st of each year in accordance with the increase in the Consumer Price Index. Business license tax (Base Tax) for all businesses except the businesses listed below is $207.00: 1. Advertising services, amusement parks, entertainment cafes, live or stuffed animal, fish and retile shows; Commission merchants or brokers; tattooing business license tax is $414.00 2. Aircraft for hire $207.00 for one aircraft; $40.00 for each additional aircraft 3. Beach umbrella and equipment rental stands $207.00 for first stand or place $40.00 for each additional stand or place 4. Billiards and bowling alleys $207.00 and $20.00 /unit (alley or table) if more than 10 units 5. Boat rental $207.00 for each boat less than 25 ft. in length, plus $17.00 per foot for each boat exceeding 25 ft. in length 6. Bottled water sales, excluding eating establishment, confectionery stores or similar businesses $207.00 for the first delivery vehicle and $50.00 for each additional delivery vehicle 7. Boxing matches (professional contest or exhibition) $2,070.00 8. Carnivals and fairs, excluding those operated by nonprofit organizations for charitable purposes $12.00 per day per each game, exhibition, show, recreational device, or booth including concession. 9. Circus $1,450.00 for the first day and $828.00 for each day thereafter Resolution No. 5898 Fee Schedule 2009 -2010 34of37 10. Fortune telling, physic reading... $1,555.00 for first year of operation and $1,036.00 for each year thereafter 11. Grocery bus $2,072.00 12. Herb doctors $311.00 plus $40.00 for each additional partner 13. Milk distribution $207.00 for first delivery vehicle and $20.00 for each additional delivery vehicle 14. Money lenders $311.00 15. Motion picture, production or photoplay filming $10.00 per day; except persons with a fixed place of business in the City - If fixed place of business is in the City the tax rate is $311.00 16 Peddlers and itinerant vendors: For sale of foodstuffs $207.00 which includes the use of one vehicle plus $120.00 for each additional vehicle For sale of medicine $1,242.00 All others unless otherwise required to be licenses is $207.00 which includes the use of one vehicle plus $207.00 for each additional vehicle. 17. Sanitariums, including rest home, convalescent home or home for the aged which provide care for more than 3 persons at one time $207.00 plus $4.00 for each patient in excess of 3, based on the average number of patients per day, computed monthly. 18. Selling club plans, including sale of membership in any club or cooperative association and sale of discount coupon books $829.00 19. Soliciting, canvassing or taking orders for goods or advertising, excluding representatives of an established or fixed place of business in the City who submits an affidavit to the collector not less than 48 hours before such solicitation is $414.00 plus $20.00 per day. 20. Vehicles for hire: Seating less than 16 people $207.00 per vehicle Seating more than 16 people $248.00 per vehicle • Designed or used primarily for transportation of property where available for lease or rental without the driver $104.00 for the first vehicle plus $40.00 for each additional vehicle Ambulances or invalid coaches $104.00 for first vehicle plus $40.00 for each additional vehicle Motor scooters $207.00 for first scooter and $8.00 for each additional scooter in excess of 5 scooters 21. New and used car sales, such license also authorized the holder to repair such vehicles and sell motor vehicle parts and accessories $311.00 Resolution No. 5898 Fee Schedule 2009 -2010 35 of 37 22. Vending machines: Merchandise dispensing $40.00 per machine Jukebox, amusement, electronic games and pinball machines $60.00 per machine Photographic and voice recording machine $207.00 plus $40.00 for each additional machine after the first 5 machines 23. Wrestling $1,242.00 24. Country Club golf courses ... $0.40 per $1,000 of total gross receipts 25. Manufacturing, including every person, firm, corporation, firm or partnership, manufacturing, processing, fabricating, designing, engineering and product, commodity, airplane, ship, selling any such product at wholesale or to jobbers, or selling any such product at retail, or selling any such product at retail, or selling any such product at both wholesale and at retail, or any and every person contracting for or agreeing to manufacture, process, fabricate, design or engineer product, commodity, airplane, ship, machine, vehicle, instrumentality, tool or other thing for fee, charge, valuable consideration or otherwise agreed upon sum of money $0.40 per $1,000 of total gross receipts Senior Citizen exception: All persons 65 and over engaged in any home occupation shall pay an annual flat rate tax of $57.00, provided that the annual income derived from such home occupation does not exceed $10,000.00 in any calendar year. In order to qualify for this reduced rate, licensees shall submit a copy of his or her most recent tax retum to substantiate that the annual income derived from the home occupation does not exceed $10,000.00 per year 26. Massage permit establishment permit $103.00 27. Massage Technician permit $103.00 SECTION 12. LIFEGUARD FEES 1. Junior Lifeguard program fees Resident $460.00 Non - resident $470.00 2. Surf Class $175.00 SECTION 13. STATEMENT OF RESOLUTIONS Each and every provision of Resolution Number 5783, 5800, and 5863 of the City Council of the City of Seal Beach that establishes a rate or amount for a fee or charge that differs from the rate or amount for that fee or charge as stated in this Resolution is hereby superseded. The restatement of this Resolution of existing rates and amounts for previously imposed taxes, fees and charges is for the purpose of administrative convenience and is not intended, and shall not be Resolution No. 5898 Fee Schedule 2009 -2010 36 of 37 construed, as the imposition, extension, or increase of any such tax, fee or charge. SECTION 14. EFFECTIVE DATE This Resolution shall be effective upon adoption except for any agreements, contracts, plans and specifications submitted to the City prior to the date of adoption. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a meeting held on the 13th day of July , 2009 by the following vote: AYES: COUNCILMEMBERS Antos. Levitt. Miller. Shanks. Sloan NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None /s/ Gordon A. Shanks Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5898 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 13th day of July , 2009. /s/ Linda Devine City Clerk Resolution No. 5898 Fee Schedule 2009 -2010 37 of 37 Exhibit "B" PROFESSIONAL SERVICES AGREEMENT Between SEAL ; 1 ' fie` • R City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 [Consultant's Name] [Consultant's Address] [Consultant's Phone Number] This Professional Service Agreement ( "the Agreement ") is made as of - , 2011 (the "Effective Date "), by and between ( "Consultant "), a , and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 10 S7296- 0001 \1236808v1.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. 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 ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. 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. 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 payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of years unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit _ for Services but in no event will the City pay more than $ . Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit 2 of 10 S7296 -0001 \1236808v1.doc 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 two 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 Tess than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. ' is the Consultant's primary representative for purposes of this Agreement. 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: 3 of 10 S7296-0001V1 236808v1.doc To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Attn: • 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing 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 shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless 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 Consultant's personnel practices. 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. 9.0 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. 4 of 10 S7296 -0001 \1236808v1.doc 10.0 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. 11.0 Insurance 11.1. 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. 11.2. 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); and, if required by the City, (3) Professional Liability. 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; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. 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 suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain 5 of 10 S7296-0001\1 236808v1.doc 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. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self - insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitiees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against lndemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, 6 of 10 S7296-0001 S7296-0001\1 2 368 08 v 1. d o c officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 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. 14.0 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. 15.0 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. 16.0 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. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. • 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 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, 7 of 10 S7296- 000111236808v1.doc privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. 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. 20.2. 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. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 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. 8 of 10 S7296 -0001 \1236808v1.doc 22.0 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. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT By: By: David Carmany, City Manager _ Name: Attest: Its: . -- By: By: Linda Devine, City Clerk _ Name: Approved as to Form: Its: By: Quinn Barrow, City Attorney 9 of 10 S7296 -0001 \1236808v1.doc