Agenda packet — Seal Beach City Council, May 9, 2022

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, May 9, 2022 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

JOE KALMICK
MAYOR
First District

MIKE VARIPAPA

MAYOR PRO TEM
Third District

THOMAS MOORE

COUNCIL MEMBER
Second District

SCHELLY SUSTARSIC

COUNCIL MEMBER
Fourth District

SANDRA MASSA-LAVITT

COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law.

Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Mental Health Awareness Month
• National Police Week – May 11-17, 2022
• Public Works Week – May 15-21, 2022
• Orange County Housing Finance Trust Presentation

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law.

Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.

Supplemental Questions from Council Member Sustarsic
CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS – None

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

A. Approval of the April 25, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on April 25, 2022.

B. Demands on City Treasury (Fiscal Year 2022) May 9, 2022 - Ratification.

C. Professional Services Agreement with Complete Paperless Solutions, LLC - That the City Council adopt Resolution 7279: 1. Approving a Professional Services Agreement with Complete Paperless Solutions, LLC, for $73,800 authorizing Complete Paperless Solutions, LLC to provide professional services digitizing Community Development and Public Works paper records; and,

2. Authorizing and directing the City Manager to execute the Agreement

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS- None

ADJOURNMENT
Adjourn the City Council to Monday, May 23, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

SEAL BEACH

CITY COUNCIL PRESENTATION
MAY 9, 2022
www.ochft.org
WHAT IS A HOUSING TRUST?
Funding source to finance the preservation and production of affordable housing.

Established by state, city, or county gov’ts as a Joint Powers Authority.

Funding sources include state and federal money, private donations, developer fees, general funds, etc.

ORANGE COUNTY HOUSING

FINANCE TRUST - OVERVIEW
2017 UCI Study – Cost of
Homelessness
2018 County Funding
Strategy
AB 448 created OCHFT in
March 2019.

Joint Powers Authority
(JPA) formed: County of
Orange and majority of
cities in the county.

Mission: Strengthen communities by
financing development of affordable
housing for homeless and low-income
individuals and families.

Vision: Contribute to the construction of
2,700 permanent supportive housing units
and contribute to additional affordable
housing by 2025.

AFFORDABLE VS. SUPPORTIVE HOUSING ?
Direct
access to
housing
Robust
services
Voluntary
services
Targets the
most
vulnerable
Embraces
harmreduction
Lease

ACCOMPLISHMENTS
• 23 cities and the County
• 5-year strategic plan, updated annually
• Secured $36 million in funding of which $20 million has been awarded
• 13 projects totaling 901 affordable & PSH housing units • Working on new funding
• Website with administrative and project related
information – www.ochft.org
• Outreach to developers, cities, service providers
DEVELOPMENT TRACKING – WWW.OCHFT.ORG

ANNUAL FUNDING SOURCES
• Administrative Funding
• County of Orange General Fund
• Local Housing Trust Fund (LHTF)
Program
• Regional Early Action Planning
(REAP) Grant
• City Member Contributions
• Capital Funding
• County of Orange General Fund
• Mental Health Services Act
(MHSA)
• State Local Housing Trust Fund
(LHTF) Program
• State General Fund Grant

CITY BENEFITS
• The Trust provides gap funding for development of both affordable and supportive housing for populations that
already exist within the community.
• The Trust helps finance development that contributes
towards the Regional Housing Needs Assessment
(RHNA).
• City membership supports the Trust efforts to bring
new State and Federal dollars into Orange County.
• The Trust is a regional collaborative that works with other entities involved in affordable and supportive
housing in the region.
• The Trust implements the deployment of funds and
compliance requirements of funds thus reducing city
staff workload.

COL-LAB-O-RA-TION
/KƏˌLABƏˈRĀSH(Ə)N/
“The process of two or more entities working together to complete a task or achieve a goal.”

CONTACT

INFORMATION
To subscribe and receive
news, announcements,
NOFA’s, Board Meeting
information, map of PSH
Developments in OC - go to
www.ochft.org
Manager - Adam Eliason
909.706.7193 -
[email protected]
Empowered By
April 20, 2022
Alex Smittle
Community Development Director
City of Seal Beach
Department of Community Development
211 8th Street
Seal Beach, CA 90740
RE: Support for Orange County Housing Finance Trust
United to End Homelessness writes today to express our support for the City of Seal Beach joining the Orange County Housing Finance Trust.

We are encouraged that the City of Seal Beach will be hearing a presentation from staff of the Orange County Housing Finance Trust (OCHFT) next month. For Orange County to obtain state and federal funds sufficient for the development of affordable housing, we need every Orange County city to join the OCHFT. By demonstrating universal support from Orange County cities, we expand funding opportunities for affordable and permanent supportive housing to help end our county's homelessness crisis.

The Orange County Housing Finance Trust, approved by the Orange County Board of Supervisors on March 12, 2019, is a joint powers authority addressing the scarcity of affordable and supportive housing in Orange County.

United to End Homelessness has been an influential voice in advocating for housing as the solution to end homelessness, and OCUW has always supported and maintained that affordable, stable housing is the building block to success.

Thank you for your consideration. We hope when the opportunity arises, you will vote to join the OCHFT.

We are grateful to you for your leadership in improving lives in our community.

Sincerely,
Lawrence R. Armstrong Becks Heyhoe
Chair, U2EH Leadership Council Executive Director, United to End Homelessness April 20, 2022
Alex Smittle
Community Development Director
City of Seal Beach
Department of Community Development
211 8th Street
Seal Beach, CA 90740
RE: Support for Orange County Housing Finance Trust
Orange County United Way (OCUW) writes today to express our support for the City of Seal Beach joining the Orange County Housing Finance Trust.

In 2018, OCUW launched United to End Homelessness, a powerful collaboration among Orange County’s top business, philanthropic, government, faith-based, and non-profit leaders committed to ending homelessness and ensuring housing and services are available for every individual who may need them. United to End Homelessness has been an influential voice in advocating for housing as the solution to end homelessness, and OCUW has always supported and maintained that affordable, stable housing is the building block to success.

Thank you for your consideration. We hope when the opportunity arises, you will vote to join the OCHFT. We are grateful to you for your leadership in improving lives in our community.

Sincerely,
Susan B. Parks
President & CEO

Agenda Item A

AGENDA STAFF REPORT
DATE: May 9, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Dana Engstrom, Deputy City Clerk
SUBJECT: Approval of the April 25, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on April 25, 2022.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on April 25, 2022.

SUBMITTED BY: NOTED AND APPROVED:

Dana Engstrom Jill R. Ingram
Dana Engstrom, Deputy City
Clerk
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Minutes
Seal Beach, California
April 25, 2022
The City Council met in regular session at 7:04 p.m. in the City Council Chambers.

Council Member Moore led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa- Lavitt

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Sherry Johnson, Interim Director of Finance/City Treasurer Iris Lee, Deputy Director Public Works/City Engineer
Dana Engstrom, Deputy City Clerk
Ron Roberts, Orange County Fire Authority
Jennifer Robles, Management Analyst
Lauren Barich, Management Analyst

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Deputy City Clerk Engstrom read into the record that two (2) emailed comments were received regarding various agenda items and three (3) PowerPoints were received after the posting of the agenda that were distributed to City Council and made available to the public.

Council Member Moore moved, second by Council Member Sustarsic, to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Varipapa, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
 Leisure World Centenarians Recognition
 Monthly Seal Beach Historic Resources Foundation Update  Donate Life Proclamation and Presentation by Emily Earhart  Professional Municipal Clerks Week, May 1 – 7, 2022

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Arnold Ciceroni, Matt Filler, Nick Massetti, Michelle Gallahair, Katia Reimer, Marilyn Ciceroni, John Gill, John Kochevar, Nimesh Udani, Ray Ybabin, Megan Schones, Brenda Danielson, and one anonymous speaker. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele had no items to report.

CITY MANAGER REPORT
City Manager Ingram had no items to report.

COUNCIL COMMENTS
Council Member Massa-Lavitt had no items to report.

Mayor Pro Tem Varipapa indicated he attended the active shooter training at McGaugh Elementary School explaining how intense and real it felt and noting how wonderful the exercise was and thanked the Police Department.

Council Member Sustarsic attended the College Park East Spring Fling noting it was a great day. Additionally, she indicated she attended the virtual West Orange County Water District Board meeting.

Council Member Moore thanked Associate Engineer David Spitz for addressing the OCTA issue regarding a detour in College Park West. He indicated he attended the Centenarian event and looks forward to the upcoming Car Show on Saturday, April 30th.

Mayor Kalmick indicated he attended a League of California Cities meeting where they discussed the Housing Element noting all cities are experiencing the same challenges.

He announced that April 27th at 5pm he will be joined by Mayor Pro Tem Varipapa at Coffee with a Cop at Eisenhower Park with the Seal Beach Police Department.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
Council Member Sustarsic moved, second by Council Moore, to approve the recommended actions on the consent calendar.

A. Approval of the April 11, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on April 11, 2022.

B. Demands on City Treasury (Fiscal Year 2022) April 25, 2022 - Ratification.

C. Monthly Investment Report – March 31, 2022 - Receive and File.

D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

E. Second Reading and Adoption of Ordinance 1694 - That the City Council adopt Ordinance 1694 titled "An Ordinance of the Seal Beach City Council Establishing a Military Equipment Use Policy.”
F. Approving and Authorizing a Professional Services Agreement with Griffin Structures, Inc. for the Community Pool, CIP BG0904 - That the City Council adopt Resolution 7274: 1. Approving and awarding a professional services agreement with Griffin Structures, Inc. in a not-to-exceed amount of $58,700 to provide professional program management and design services for the Community Pool, CIP BG0904; and,

2. Authorizing and directing the City Manager to execute the Agreement.

G. Awarding and Authorizing Execution of a Public Works Expenditure with Valverde Construction, Inc. for the Rehabilitation of the College Park West Meter Vault - That the City Council adopt Resolution 7275: 1. Approving a purchase order for the Valverde Construction, Inc.; and, 2. Approving a public works purchase order to an existing on-call maintenance agreement to Valverde Construction, Inc., in the amount of $62,272.14; and, 3. Authorizing the City Manager to execute a Public Works purchase order to Valverde Construction, Inc. for the purchase and installation of two (2) meters, four (4) valves, two (2) vault lids, and piping.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ITEMS REMOVED FROM CONSENT CALENDAR
There were no items removed from the consent calendar.

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
H. Street Lighting Assessment District - That the City Council adopt: 1. Resolution 7276, initiating the annual levy of the street lighting assessment; and, 2. Resolution 7277, setting the date for the public hearing for May 23, 2022; and, 3. Resolution 7278, approving the Engineer's Report no increase in assessments are projected for Fiscal Year 2022-2023.

Interim Finance Director Johnson provided a comprehensive background of the staff report. Council Members provided comments and questions were addressed by Tony Thrasher with Willdan.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to adopt: 1.

Resolution 7276, initiating the annual levy of the street lighting assessment; and, 2.

Resolution 7277, setting the date for the public hearing for May 23, 2022; and, 3.

Resolution 7278, approving the Engineer's Report no increase in assessments are projected for Fiscal Year 2022-2023.

AYES: Kalmick, Moore, Massa-Lavitt, Varipapa, Sustarsic NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:38 p.m., to Monday, May 23, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary. ______________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: May 9, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Complete Paperless Solutions, LLC
___________________________________________________________ _____ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7279:

1. Approving a Professional Services Agreement with Complete Paperless Solutions, LLC, for $73,800 authorizing Complete Paperless Solutions, LLC to provide professional services digitizing Community Development and Public Works paper records; and,

2. Authorizing and directing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

The primary function of the Community Development Department is oversight of development within Seal Beach. The first part of this process is ensuring compliance with the Zoning Code, to make sure what is proposed to be built is allowed. The second part is review of plans and inspection of construction itself, ensuring that development occurs not only to local code standards but State building codes for safety purposes and compliance with relevant laws. Similarly, the Public Works Department oversees a subset of the plan check process for development projects and prepares the City’s capital improvement program projects that are generally plotted on large-format plan sheets. Taken together, these functions have historically relied on large volumes of paper plans, sent back and forth between applicants, consultants, and staff. Ultimately, approved plan sets are stamped and retained according to the City’s records retention policy.

Records retention is intended to be completed digitally, utilizing the City’s document management system, Laserfiche. Over the years, efforts have been made to digitize historical building records for safe and efficient storage in Laserfiche; unfortunately, digitization stopped roughly a decade ago, and paper plans have been accumulating. At this time, hundreds of records are stored offsite, and others remain at City Hall, unorganized and difficult to retrieve. Requests for building records are by far the most common public record requests the City receives.

In order to address the issue, and allow staff to more quickly and efficiently respond to public records requests, staff solicited three quotes for service, which included retrieval and scanning of paper plans, and formatting the digital records for integration into the Laserfiche system. Complete Paperless Solutions, Inc. who is currently the City’s Laserfiche retailer, was able to provide the lowest quote for service at $57,979.80 for Community Development and $10,000 for Public Works, which also requires digitalization services for a smaller number of documents.

Once approved, it is estimated that the process will take approximately 6 months to complete, working in batches until all identified records are integrated into Laserfiche.

ENVIRONMENTAL IMPACT:

The proposed Agreement is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Approval of the professional services agreement will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The contract amendment will approve an expenditure of up to $63,800 in professional services from Account 103-300-0231-51300, which includes the Community Development quote of $57,979.80 plus a 10 percent contingency. The remaining $10,000 will be funded from 103-500-0242-51300 for Public Works related services. Adequate funds are available in the adopted budget.

STRATEGIC PLAN:

This project is not related to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7279:

2. Authorizing and directing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Jill R. Ingram, City Manager
Director of Community Development
ATTACHMENTS:

A. Resolution 7279
B. Professional Services Agreement with Complete Paperless Solutions, LLC RESOLUTION 7279

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

THE PROFESSIONAL SERVICES AGREEMENT WITH COMPLETE

PAPERLESS SOLUTIONS, LLC
WHEREAS, the City of Seal Beach (City) desires consultant services to digitize paper records related to development within Seal Beach; and
WHEREAS, Complete Paperless Solutions, LLC (Consultant) has demonstrated experience with digital services including scanning and integration into the City’s document management system; and
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and
WHEREAS, City and Consultant wish to enter into the Agreement for the term of one year, and a not-to-exceed contract amount $73,800, as provided herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the Professional Services Agreement with Complete Paperless Solutions, LLC as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for a one-year term and a total not-to-exceed contract amount of $73,800.

Section 2. The Council hereby directs the City Manager to execute the Professional Services Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of May, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7279 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of May, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Document Digitizing Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Complete Paperless Solutions, LLC
5130 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
(866) 661-2425
This Profesg]cbU` LYfj]WY 9[fYYaYbh 'ph\Y 9[fYYaYbhq( ]g aUXY Ug cZ May 9, 2022 (the p>ZZYWh]jY =UhYq() Vm UbX VYhkYYb Complete Paperless Solutions, LLC 'p<cbgi`hUbhq() a California limited liability company, UbX h\Y <]hm cZ LYU` ;YUW\ 'p<]hmq() U <U`]Zcfb]U charter W]hm) 'Wc``YWh]jY`m) ph\Y IUfh]Ygq(+
2 of 19

RECITALS
A. City desires certain professional document digitizing services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide services.

C. Consultant represents that the principal members of its firm are qualified document imaging professionals and are fully qualified to perform the digital transformation professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively pLYfj]WYgq( gYh forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and <cbgi`hUbhrg ghUZZ) ]Z Ubm) hc Xc UbX dYfZcfa h\Y LYrvices in a skillful, competent, UbX dfcZYgg]cbU` aUbbYf) UbX <cbgi`hUbh UbX <cbgi`hUbhrg ghUZZ) g\U`` dYfZcfa the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance cZ <cbgi`hUbhrg 3 of 19
work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence on May 9, 2022 and shall remain in full force and effect until December 31, 2022, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultan_f^ 5ZX[QY^M_UZY

3.1. City will pay Consultant in accordance with service quote set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $73,800 (Seventy-Three Thousand, eight hundred dollars) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving <cbgi`hUbhrg ]bjc]WY+ 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, Consultanh g\U`` U``ck <]hm cf <]hmrg agents or representatives to ]bgdYWh Uh <cbgi`hUbhrg cZZ]WYg Xif]b[ feasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. <]hmrg f][\hg under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
4 of 19

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement mUm VY hYfa]bUhYX Vm <]hm idcb .- XUmgr bch]WY hc 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. M\Y <]hm FUbU[Yf ]g h\Y <]hmrg fYdfYgYbhUh]jY Zcf difdcgYg cZ h\]g Agreement.

6.2. Claude Schott is the Consultant's primary representative for purposes of this Agreement. Claude Schott shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Complete Paperless Solutions, LLC
5130 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
Attn: Claude Schott

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
5 of 19

8.0 Permits and Licenses
Consultant UbX U`` cZ <cbgi`hUbhrg Yad`cmYYg UbX ch\er personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or Vm <cbgi`hUbhrg Yad`cmYYg cf ch\Yf personnel under Ccbgi`hUbhrg supervision. Consultant will determine the means, methods, and details Vm k\]W\ <cbgi`hUbhrg employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All cZ <cbgi`hUbhrg Yad`cmYYg UbX ch\Yf personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. <cbgi`hUbh UbX <cbgi`hUbhrg dYfgcbbY` g\U`` not supervise any of <]hmrg employees8 UbX <]hmrg Yad`cmYYg g\U`` bch supervise <cbgi`hUbhrg personnel. <cbgi`hUbhrg dYfgcbbY` g\U`` bot wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City8 UbX <cbgi`hUbhrg dYfgcbbY` g\U`` bch igY Ubm <]hm Y-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and YldYbgY giW\ jY\]W`Yg) Yei]daYbh UbX gidd`]Yg Ug <cbgi`hUbhrg dYfgcbbY` require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Congi`hUbhrg W\c]WY) except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consi`hUbhrg dYfgcbbel to receive projects from City, review plans on file at City, pick up or deliver any work product related to <cbgi`hUbhrg dYfZcfaUbWY cZ any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultantrg dYfgcbbY` to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due hc <cbgi`hUbhrg personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 6 of 19
retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System 'pI>KLq( as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to ConsulhUbhrg dYfgcbbY` dfUWh]WYg. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this AgrYYaYbh Ubm Uacibh XiY hc <]hm Zfca <cbgi`hUbh Ug U fYgi`h cZ <cbgi`hUbhrg failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition hc <cbgi`hUbhrg Xihm hc defend, indemnify and hold harmless as set forth in any other provision of this Agreement. <cbgi`hUbhrg ]bXYab]Z]WUh]cbg UbX cV`][Uh]cbg ibXYf h\]g LYWh]cb shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall UggifY Wcad`]UbWY k]h\ h\Y IiV`]W >ad`cmYYgr KYh]fYaYbh EUk 'pI>KEq(, commencing at Government Code § 20000, as amended by the Public >ad`cmYYgr IYbg]cb Keform Act cZ /-.0 'pI>IK9q()+ UbX the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify 7 of 19
and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to <cbgi`hUbhrg j]c`Uh]cb cZ Uny provisions of this Section 10.0. This duty of indemnification is in addition to Cobgi`hUbhrg Xihm hc XYZYbX) ]bXYab]Zm UbX \c`X harmless as set forth in any other provision of this Agreement. <cbgi`hUbhrg indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information 'Wc``YWh]jY`m p=UhU & =cWiaYbhgq( developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered pjc`ibhUfm)q dfovided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided Vm <cbgi`hUbh+ AckYjYf) <]hmrg f][\h hc review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. <cbgi`hUbhrg WcjYbUbhs under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. 8 of 19
All Data & Documents g\U`` VY Wcbg]XYfYX pkcf_g aUXY Zcf \]fY)q Ubd all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a W`U]a h\Uh <]hmrg igY cZ Ubm cZ h\Y Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
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No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without <]hmrg prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this LYWh]cb) passignmentq UbX pXY`Y[Uh]cbq aYUbg Uby sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreemebh) k\]W\YjYf cWWifg `UhYf+ <]hmrg f][\hs under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Pcf_Yfgr <cadYbgUh]cb Insurance in the amount required Vm `Uk8 UbX >ad`cmYfrg E]UV]`]hm7 $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , within minimum limits of $1,000,000 per claim/aggregate. If U pW`U]ag aUXYq policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 12 of 19

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the ]bgifYfrg f][\h cZ giVfc[Uh]cb U[U]bgh <]hm and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any oZ <cbgi`hUbhrg dc`]W]Ys do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at <cbgi`hUbhrg expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on Z]`Y k]h\ <]hmrg K]g_ FUbU[Yf+ All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as U `]a]hUh]cb cZ <cbgi`hUbhrg `]UV]`]hm cr as full performance of <cbgi`hUbhrg Xihm ho indemnify City under Section 18.0. 13 of 19

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independebh WcbhfUWhcfg ]b h\Y fc`Y cZ <]hm cZZ]W]U`g 'Wc``YWh]jY`m pBbXYab]hYYgq in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages 'Wc``YWh]jY`m pLiabilitiesq() ]b `Uk cf Yquity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance cZ h\]g 9[fYYaYbh) ]bW`iX]b[ h\Y BbXYab]hYYgr UWh]jY cf dUgg]jY bY[`igence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the BbXYab]hYYgr W\c]WY) UbX g\U`` dUm U`` Wcghg UbX YldYbgYg) ]bW`iX]b[ U`` UhhcfbYmgr ZYYg UbX YldYfhgr Wcghg UWhiU``m ]bWiffYX ]b WcbbYWh]cb k]h\ giW\ XYZYbgY+ <cbgi`hUbh g\U`` reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant 14 of 19
fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of <cbgi`hUbhrg giVWcbhfUWhcf) ]hg cZZ]WYfg) U[Ybhg) gYfjUbhg) Yad`cmYYg) subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individua` h\Uh <cbgi`hUbhrg giVWcbhfUWhcf g\U`` bear the legal liability thereof) in the performance of this Agreement, including the BbXYab]hYYgr UWh]jY cf dUgg]jY bY[`][YbWY) YlWYdh Zcf <`U]ag cf =UaU[Yg Uf]g]b[ from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Pcf_Yfgr <cadYbgUh]cb 9Whg Not Limiting+ <cbgi`hUbhrg indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any wcf_Yfgr Wcmpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.5. Survival of Terms. <cbgi`hUbhrg indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 15 of 19

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be ]bgifYX U[U]bgh `]UV]`]hm Zcf Pcf_Yfgr <cadYbgUh]cb cf hc ibXYfhU_Y gY`Z-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, Wcbgh]hihY pdiV`]W kcf_gq Ug XYfined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
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No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for 17 of 19
compensation to Consultant for anything done, furnished or relating to <cbgi`hUbhrg kcf_ cf gYfj]WYg+ 9WWYdhUbWY cZ dUmaYbh g\U`` VY Ubm bY[ch]Uh]cb of Citmrg W\YW_ cf h\Y ZU]`ifY hc aU_Y U kf]hhen extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during Cihmrg fYj]Yk cZ <cbgi`hUbhrg fYdcfh cf plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for dUmaYbh cZ <cbgi`hUbhrg Services beyond the current fiscal year, this Agreement shall cover payment for Ccbgi`hUbhrg Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. <]hmrg <ccdYfUh]cb. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for <cbgi`hUbhrg dfcdYf dYfZcfaUbWY cZ h\Y LYfj]WYg fYei]fYX ibXYf h\]g 9[fYYaYbh+

31.2. <cbgi`hUbhrg Cooperation. In the event any claim or action is brought against C]hm fY`Uh]b[ hc <cbgi`hUbhrg dYfZcfaUbWY cZ LYfj]WYg fYbXYfYX under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be 18 of 19
construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from thY `cg]b[ dUfhm U`` cZ ]hg UhhcfbYmgr ZYYs and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

EXHIBIT A
Consultantrs Proposal
Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions
Complete Paperless Solutions
5130 E La Palma Av. Ste 206
Anaheim, CA 92807
(866)661-2425
[email protected]
Quote

ADDRESS
Alexa Smittle
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740 USA
QUOTE # 2400
DATE 04/01/2022

DATE ACTIVITY QTY RATE AMOUNT
Document Scanning Services Flat Rate
Project Quote Scope of Work : Office Project
Misc Rolled Plans + (4) Large Boxes Plans
(50 Rolls of 25 ea) + (6) File Transfer Boxes
(10"H x 12"W x 16"D) @50% Large Format
containing an estimated 10,800 Large, 3,000
Small records stapled every 3-5 pages.
totaling an estimated 13,800 images
Scanning Svs
Records Pickup Freight Service - per
1 100.00 100.00
Scanning Svs
Engineering Records Boxing Service
(Remove Records From Client File Cabinet
Shelf Floor etc Manifest and MAP Box
12wX12hx36L)
15 20.00 300.00
Scanning Svs
Standard Document Preparation (Remove
folder tabs ,post-its, staples, unfold, tape etc.)
18,800 0.10 1,880.00
Scanning Svs
Document Scanning Service Standard Letter
Size 8.5X11 Paper (High Resolution Bi-Tonal
300DPI duplex)
3,000 0.10 300.00
Scanning Svs
Scanning Service Large Format Paper (High
Resolution Bi-Tonal 300DPI duplex)
15,800 0.95 15,010.00
Scanning Svs
Per Image Small Format Advance Scanner
Setting
3,000 0.05 150.00
Scanning Svs
Record Segmenting: Split and create
electronic file by Plan File Folder
100 0.05 5.00
Scanning Svs
Quality Control Service (Human review of
each image to ensure optimal quality and
15,800 0.05 790.00
Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions

DATE ACTIVITY QTY RATE AMOUNT
legibility re-scan as needed)
Scanning Svs
Electronic Image Enhancement (enhance
every document irrespective of color, size,
contrast, to increase consistent, high quality
images.)
15,800 0.01 158.00
Scanning Svs
Index Name Each Plan File ( <=2 indexing
fields example: "Street Number Name.pdf" or
"PROJ - Project Name Number.pdf" from Title
Block )
100 0.05 5.00
Scanning Svs
Laserfiche ingestion - per
1 450.00 450.00
Scope of Work (Not Included unless specified): *Shredding, Retrieval Services, return-delivery, Re-file, Storage after complete 30 Days = $1 box per month - **heavy staples, poor quality paper etc. increase level of effort add cost a representative 1 box sample is required to lockprice quoted.

Please allow at a minimum a plus10% increase of the quote based of the estimate.

SUBTOTAL 19,148.00
DISCOUNT 15% -2,872.20
TAX 0.00
TOTAL $16,275.80
Accepted By Accepted Date
Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions
Complete Paperless Solutions
5130 E La Palma Av. Ste 206
Anaheim, CA 92807
(866)661-2425
[email protected]
Quote

ADDRESS
Alexa Smittle
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740 USA
QUOTE # 2401
DATE 04/01/2022

DATE ACTIVITY QTY RATE AMOUNT
Document Scanning Services Flat Rate
Project Quote Scope of Work : Offsite
Container
(14) Bags Plans (26 Rolls of 25 ea) + (4)
Large Boxes Plans (50 Rolls of 25 ea) + (9)
File Transfer Boxes (10"H x 12"W x 16"D)
@50% Large Format containing an estimated
44,000 Large, 35,000 Small records stapled
every 3-5 pages. totaling an estimated
79,0000 images
Scanning Svs
Records Pickup Freight Service - per
1 100.00 100.00
Scanning Svs
Engineering Records Boxing Service
(Remove Records From Client File Cabinet
Shelf Floor etc Manifest and MAP Box
12wX12hx36L)
30 20.00 600.00
Scanning Svs
Document Preparation (Remove folder
tabs,post-its, staples, unfold, tape etc.)
79,000 0.07 5,530.00
Scanning Svs
Document Scanning Service Standard Letter
Size 8.5X11 Paper (High Resolution Bi-Tonal
300DPI duplex)
35,000 0.10 3,500.00
Scanning Svs
Document Scanning Service Large Format
Paper (High Resolution Bi-Tonal 300DPI
duplex)
44,000 0.80 35,200.00
Scanning Svs
Per Image Small Format Advance Scanner
Setting
79,000 0.025 1,975.00
Scanning Svs
Record Segmentting: Split and create
500 0.05 25.00
Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions

DATE ACTIVITY QTY RATE AMOUNT
electronic file by Plan File Folder
Scanning Svs
Quality Control Service (Human review of
each image to ensure optimal quality and
legibility re-scan as needed)
79,000 0.05 3,950.00
Scanning Svs
Electronic Image Enhancement (enhance
every document irrespective of color, size,
contrast, to increase consistent, high quality
images.)
79,000 0.01 790.00
Scanning Svs
Index Name Each Plan File ( <=2 indexing
fields example: "Street Number Name.pdf" or
"PROJ - Project Name Number.pdf" from Title
Block )
200 0.05 10.00
Scanning Svs
Laserfiche ingestion - per
1 450.00 450.00
Scope of Work (Not Included unless specified): *Shredding, Retrieval Services, return-delivery, Re-file, Storage after complete 30 Days = $1 box per month - **heavy staples, poor quality paper etc. increase level of effort add cost a representative 1 box sample is required to lock price quoted.

Please allow at a minimum a plus10% increase of the quote based of the estimate.

SUBTOTAL 52,130.00
DISCOUNT 20% -10,426.00
TAX 0.00
TOTAL $41,704.00
Accepted By Accepted Date
City of Seal Beach
Public Works
Document Imaging Services Proposal
April 2022
Project Approach
This proposal serves as documentation of the work to be performed by Complete Paperless Solutions (CPS) to assist the City of Seal Beach’s Planning Department in the implementation and execution of scanning their large format Mylars.

Project Objectives:
• Scan the Public Works Department’s large format drawings/plans • Provide quality imaged documents, titled, indexed, and organized in Laserfiche • Return Mylar Maps back in the hanging container order Project Scope:
• Scan the Mylars
• Prep work will be done for the removal of staples
• The files will be titled: TBD
• Six template fields: Project Title, Project Number, Plan Type, Location, Date and Designer • Estimated volume: 7,000
Methodology:
• CPS will take custody of the plans
• The plans will be scanned in high resolution grayscale or color • Standard quality control will be performed
Deliverables:
• Output will be in TIFF format
• Scanned images will be delivered upon the completion of each batch • Invoices will be prepared for payment upon delivery of each batch • Ingestion into Laserfiche will be performed by CPS
Complete Paperless Solutions City of Seal Beach - Scanning Project Pricing
Boxing: $20 per box (around 30)
Plans: $0.95 per map
Pick up/Delivery: $100.00 per trip
Prep: $0.1 per map
Indexing: 2 first are included - $0.1 per additional index Ingestion: $450.00 per
Approval
City of Seal Beach and Complete Paperless Solutions agree to commit the resources of each organization necessary to assure the successful completion of the scanning project. Complete Paperless Solutions acknowledges that all confidential information disclosed by the City of Seal Beach will be held in strict confidence.

City of Seal Beach Complete Paperless Solutions
Name: _________________________________ Name: _________________________________ Title: ___________________________________ Title: __________________________________ Date: ___________________________________ Date: __________________________________ Signature: Signature:
________________________________________ _______________________________________

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in wholY cf ]b dUfh) Wcbgh]hihY pdiV`]W kcf_gq as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the <U`]Zcfb]U EUVcf <cXY 'p<\UdhYf .q(+ ?ifh\Yf) <cbgi`hUbh UW_bck`YX[Yg h\Uh h\]g Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by h\Y =YdUfhaYbh cZ BbXighf]U` KY`Uh]cbg 'p=BKq( ]ad`YaYbh]b[ giW\ ghUhihYg+ M\YfYZcfY) Ug hc h\cgY LYfj]WYg h\Uh UfY pdiV`]W kcf_gq) <cbgi`hUbh g\U`` Wcad`m k]h\ UbX VY VcibX Vm all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultabhrg Lervices are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. <cbgi`hUbh UW_bck`YX[Yg h\Uh Y][\h \cifg `UVcf Wcbgh]hihYg U `Y[U` XUmrg kcf_+ Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
pB Ua UkUfY cZ h\Y dfcj]g]cbg cZ LYWh]cb 04-- cZ h\Y EUVcf <cXY k\]W\ fYei]fY YjYfm Yad`cmYf hc VY ]bgifYX U[U]bgh `]UV]`]hm Zcf kcf_Yfgr compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before WcaaYbW]b[ h\Y dYfZcfaUbWY cZ h\Y kcf_ cZ h\]g WcbhfUWh+q

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontfUWhcfrg Wcad`]UbWY k]h\ <\UdhYf . UbX EUVcf <cXY Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure giVWcbhfUWhcfrg Wcad`]UbWY) ]bW`iX]b[ k]h\cih `]a]hUh]cb) WcbXiWh]b[ U dYf]cdic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless UbX XYZYbX 'Uh <cbgi`hUbhrg YldYbgY k]h\ WcibgY` fYUgcbUV`m UWWYdhUV`Y hc <]hm( <]hm) ]hg officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment cZ U`` WcbgYeiYbh]U` XUaU[Yg) UhhcfbYmgr Zees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Seal Beach City CouncilMay 9, 2022

Seal Beach City Council
May 9, 2022