A G E N D A
MEETING OF THE CITY COUNCIL
Monday, May 23, 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
• Monthly Seal Beach Historical Resources Foundation Update • Retirement Recognition for Dispatcher Cheryl Austin
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.
Email Comment from Nick Massetti
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
A. City Council Resolution Supporting the “CARE Court” Program and Pending Legislation - That the City Council adopt Resolution 7293 in support of the pending legislation (SB 1338) “CARE Court”, which would get people with mental health and substance use disorders the support they need.
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
B. Approval of the May 9, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on May 9, 2022.
C. Demands on City Treasury (Fiscal Year 2022) May 23, 2022 - Ratification.
D. Approve Amendments to the Classification Plan and Designate the Pay Grade and Status of Four Planning Positions - That the City Council: 1. Adopt Resolution 7280; and, 2. Authorize the City Manager to implement changes to the job classifications and salary schedules.
E. Amendment No. 1 to Professional Services Agreement with Parkeon, Inc. for Replacement of IPS Single Space Parking Meters with Flowbird Pay Stations and the Upgrade of the Beach Lot Pay Stations - That the City Council adopt Resolution 7281: 1. Approving Amendment No. 1 to the Professional Services Agreement with Parkeon, Inc. for (a) replacing the IPS single space parking meters with one Flowbird pay station, technology and services at each of the three beach parking lots located in the Main Street/Old Town Area for the not-to-exceed amount of $31,300, and (b) to upgrade the touchscreens for the six Strada pay stations at the beach parking lots for the not-to-exceed amount of $22,500, for the revised total contract not-to-exceed amount of $99,115; and, 2. Authoring and directing the City Manager to execute Amendment No. 1.
F. Approving the Submittal of Application(s) for the SB 1383 Local Assistance Grant Program through the State of California Department of Resources Recycling and Recovery (CalRecycle) and Authorizing the City Manager to Execute All Grant Documents - That the City Council adopt Resolution 7282: 1.
Authorizing the City Manager or their designee to submit application(s) for all SB 1383 Local Assistance Grant Programs through CalRecycle for which the City of Seal Beach is eligible; and, 2. Authorizing the City Manager or their designee to execute all documents necessary to secure and implement the grant(s) and all grant-related reports to CalRecycle; and 3. Providing that these authorizations are effective for five (5) years from the date of adoption of this resolution.
G. Approving and Authorizing Amendment No. 1 to the Professional Maintenance Services Agreement with ACCO Engineered Systems, Inc., for HVAC Maintenance and Repair Services - That the City Council adopt Resolution 7283: 1. Approving Amendment No. 1 to the professional maintenance services agreement dated July 26, 2021 with ACCO Engineered Systems, Inc. to authorize additional HVAC maintenance and repair services, and increase compensation by $25,000 for the additional services for a revised total contract not-to-exceed amount of $85,598.58; and, 2. Authorizing the City Manager to execute Amendment No. 1.
H. Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7284: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.
I. Application for the Environmental Cleanup Program Tier 1 Fiscal Year 2022-2023 Grant - That the City Council adopt Resolution 7285 authorizing an application for grant funds under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program Tier 1 Fiscal Year 2022-2023.
J. Adopt 2022 Pavement Management Plan - That the City Council approve Resolution 7286 adopting the 2022 Pavement Management Plan Report.
K. Intergovernmental Support Agreement with the Naval Weapons Station Seal Beach to Provide Beach Clean-Up and Grooming Services (IGSA Number = N61065-2021-IGSA-0001) - That the City Council adopt Resolution 7287: 1. Approving an Intergovernmental Support Agreement with the Naval Weapons Station Seal Beach to provide beach clean-up and grooming services for a one-year term, with nine (9) optional one-year term extensions, in a notto-exceed amount of $45,000 per year, plus a not-to-exceed ten (10) percent administrative fee; and, 2. Authorizing the City Manager to execute the Intergovernmental Support Agreement on behalf of the City.
L. Awarding and Authorizing Execution of a Professional Services Agreement with Downstream Services, Inc. forthe SCADA System Antenna Pole Installation, CIP WT1801 - That the City Council adopt Resolution 7288: 1.
Approving the plans, specifications, and contract documents for the SCADA System Antenna Pole Installation, CIP WT1801; and, 2. Approving and awarding a professional services agreement to Downstream Services, Inc. in the amount of $133,671; and, 3. Authorizing the City Manager to execute a professional services agreement with Downstream Services, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $10,000 and inspection services up to $5,000, in connection with the Project, in the cumulative not-toexceed amount of $15,000.
M. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. for Bolsa Chica Water Well Improvements, CIP WT1603 - That the City Council adopt Resolution 7289 : 1. Approving Amendment No. 1 to the Professional Services Agreement dated February 24, 2020 between the City of Seal Beach and Tetra Tech, Inc. to authorize additional services, increase consultant’s compensation by $48,000 for a revised total agreement not-to-exceed amount of $326,000, and extend the contract term to and including May 1, 2023; and, 2. Authorizing the City Manager to execute Amendment No. 1.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
N. Conduct Public Hearing for 2020 Water Shortage Contingency Plan, and Introduction of Water Shortage Contingency Response Ordinance - That the City Council: 1. Open and conduct a public hearing to receive input regarding the 2020 Water Shortage Contingency Plan; and, 2. Adopt Resolution 7290 approving the 2020 Water Shortage Contingency Plan, amended May 2022; and, 3. Introduce, waive full reading, and read by title only Ordinance 1695, an Ordinance of the City of Seal Beach amending the Seal Beach Municipal Code by Revising and Supplement the City’s Water Conservation Provisions.
O. Street Lighting Assessment District No. 1 - That the City Council adopt Resolution 7291 confirming the diagram, assessment, and levying assessments for the Seal Beach Street Lighting Assessment District No.1 (District) for Fiscal Year 2022-2023.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
P. Animal Control Services Recommendation for the City of Seal Beach - That the City Council adopt Resolution 7292: 1. Approving the creation of an Animal Control Services function within the City of Seal Beach; and, 2. Authorizing the City Manager to execute agreements associated with the creation of a City of Seal Beach Animal Control Services function.
ADJOURNMENT
Adjourn the City Council to Monday, June 13, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.
Seal Beach
Historic Resources Foundation
MISSION
TO COLLECT, PRESERVE, PROMOTE, SHARE, AND CELEBRATE
THE HISTORIC RESOURCES AND CULTURAL HERITAGE OF SEAL BEACH
AS WELL AS ENSURE ITS PRESERVATION FOR PRESENT AND FUTURE GENERATIONS
THROUGH EDUCATIONAL AND COMMUNITY BENEFIT PROGRAMS
VISION
TO INSPIRE PRIDE, EXCITEMENT, AND PASSION
FOR THE HISTORY AND SPIRIT OF SEAL BEACH WITHIN THE COMMUNITY
THROUGH ACQUIRING AND SHARING KNOWLEDGE
IN A RELEVANT, ACCESSIBLE, AND INCLUSIVE MANNER
May 23, 2022 Update
Background
• Created by Council as an
independent non-profit
organization intended to
hold and maintain historic
resources for the benefit of
the community
• Held initial meetings
• Adopted bylaws
• Selected officers
• Adopted mission and
vision statements
2 nd Annual Bathing Suit Fashion Parade – 1918
Progress Since
April 25, 2022 Update
GOAL 1:
Complete Paperwork
Jewel City Cafe – 1918
I. IRS
✓ EIN received
✓ Form 1023-EZ submitted
to apply for 501(c)(3)
status
II. CA Secretary of State
✓ Account holder
transferred from City
Clerk to President
✓ Statement of Information
submitted
GOAL 2:
Establish Accounts
Deb Machen Signing Paperwork – 2022
I. Bank
✓ Opened account at Chase
Bank
II. Document Storage
✓ Created a Dropbox
III. Foundation Email
✓ Created
[email protected]
NEXT STEPS
“The Derby” Roller-Coaster – 1920s?
I. Create a Budget
I. Submit a funding
request to the city at
a later date
II. Close Out Initial
Projects
I. Receive non-profit
status from IRS
II. Build a website
Next Board Meeting:
Tuesday, May 24th
5pm
Senior Center
Thank you!
Lauren Barich
Management Analyst
Office of the City Manager
[email protected]
Deb Machen
President
Seal Beach Historic
Resources Foundation
[email protected]
Agenda Item A
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: City Council Resolution Supporting the “CARE Court” Program and Pending Legislation
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7293 in support of the pending legislation (SB 1338) “CARE Court”, which would get people with mental health and substance use disorders the support they need.
BACKGROUND AND ANALYSIS:
The Community Assistance, Recovery and Empowerment (CARE) Court is a new State-level proposal to get people with mental health and substance use disorders the support and care they need. CARE Court is aimed at helping the thousands of Californians who are suffering from untreated schizophrenia spectrum or psychotic disorders that too often lead to homelessness, incarceration, institutionalization, or premature death. The State of California is taking a new approach to act early and get people the support they need and address underlying needs, without taking away people’s rights. CARE Court includes accountability on the individual and on local governments with court orders for services.
In March, California Governor Newsom unveiled the CARE Court framework, and engaged the public and stakeholders in community roundtables across the state and listening sessions with diverse stakeholders. Legislation was introduced by Senator Umberg, Orange County and Senator Eggman, San Joaquin County (SB 1338). Legislative hearings which started in April, will continue to engage the public, including people living with mental illness, families, local government, community behavioral health care providers, first responders, judges, and more, and further develop CARE Court. In order to meet the urgent needs for care and housing we see in our communities, families, and streets, CARE Court must be enacted by July 1, and local partners can begin implementation in the following months.
Behavioral health is now funded by the State at a record $11.6 billion each year, which is up nearly 70% from $6.7 billion eight years ago. Funding comes from five
major sources, including Prop 63 Mental Health Services Act, Medi-Cal and nonMedical Behavioral Health, and Realignment in 1991 and 2011. Housing and homelessness investments totaled $12 billion in last year’s State budget. An additional $2 billion is proposed this year, with $1.5 billion focused on Behavioral Health Bridge Housing that will be prioritized to serve people in CARE Court. The Governor’s May Revision to the Budget will include costs for the new Care Court process, including judges and appointed counsel.
CARE Court connects a person struggling with untreated mental illness – and often also substance use challenges – with a court-ordered Care Plan for up to 24 months. Each plan is managed by a care team in the community and can include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan. The client-centered approach also includes a public defender and supporter to help make self-directed care decisions in addition to their full clinical team, as well as opportunities for early engagement and settlement agreements for treatment plans.
CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings.
It's a long-term strategy to positively impact the individual in care and the community around them. The plan advances an upstream diversion from more restrictive conservatorships or incarceration.
The CARE Court response can be initiated by family, county and community-based social services, behavioral health providers, or first responders. Individuals exiting a short-term involuntary hospital hold or a misdemeanor arrest may be especially good candidates for CARE Court. The Care Plan can be ordered for up to 12 months, with periodic review hearings and subsequent renewal for up to another 12 months.
CARE Court is based on accountability for all. Participants who do not successfully complete Care Plans may, under current law, be hospitalized or referred to conservatorship - with a new presumption that no suitable alternatives to community care are available. All counties across the state will participate in CARE Court under the proposal. If local governments do not meet their specified duties under court-ordered Care Plans, the court will have the ability to order sanctions and, in extreme cases, appoint a receiver to ensure services are provided.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact related to 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.
RECOMMENDATION:
That the City Council adopt Resolution 7293 in support of the pending legislation (SB 1338) “Care Court”, which would get people with mental health & substance use disorders the support they need.
SUBMITTED BY: NOTED AND APPROVED:
Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Captain Michael Henderson
ATTACHMENTS:
A. Resolution 7293
B. CARE Court Frequently Asked Questions
C. Public Community Behavioral Health Funding 4.20.22
D. 2022 Point In Time Count Summary
RESOLUTION 7293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH SUPPORTING SB-1338, COMMUNITY
ASSISTANCE, RECOVERY, AND EMPOWERMENT
(CARE) COURT PROGRAM
WHEREAS the 2022 Point-in-Time Count of the City of Seal Beach (the "City") showed that the City is impacted by homelessness; and WHEREAS The City Council recognizes that mental health and substance abuse are associated with homelessness, and;
WHEREAS The City of Seal Beach supports initiatives and legislation intended to address the pervasive problem of homelessness with bold and creative solutions, and;
WHEREAS addressing t h e challenges o f homelessness results in significant costs to the residents of the City; and
WHEREAS mental illness and drug addiction are root causes for many experiencing homelessness, and until the challenges of mental illness and drug addiction of those experience homelessness are addressed, homelessness will remain a challenge for the City and other communities in California; and
WHEREAS Governor Gavin Newsom has presented legislation that will address mental illness and drug use-the legislation is referred to as SB1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program ("SB-1338"), which will serve as an important tool to help in the City's effort to help secure permanent housing for those experiencing homelessness.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEAL BEACH AS FOLLOWS:
1. The above recitals are true and correct and are the findings of the City Council.
2. The City Council hereby supports S B -1338, and authorizes staff and individual City Council Members to support SB-1338 on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on this 23rd 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 7293 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022.
Gloria D. Harper, City Clerk
Frequently Asked Questions
I. Care Plan
1. The CARE plan definition says it is an individualized plan, created by respondent, supporter, their counsel, and county BH. Why then are we allowing the courts to order the plan modified “to better meet the needs of the parties?” What parties? How do the courts know what is better for the respondent? Assisted Outpatient Therapy (AOT)explicitly prohibits a court from ordering any services that are not in the written plan submitted by the licensed mental health treatment provider.
Would this go against the respondent’s advance directive? The CARE plan is an individualized, clinically appropriate range of behavioral health related services and supports provided by a county behavioral health agency, including, but not limited to, clinical care, stabilization medications, and a housing plan, pursuant to Welfare and Insitutions Code section 5982.
The Court may determine that the CARE plan does not include all required elements to address the behavioral health needs of the respondent. Sec 5976 clarifies that modifications to the CARE Plan to better meet the needs of the parties must be within the scope of county behavioral health services.
If the CARE participant has an existing psychiatric advance directive in place, it will be considered. It is far more likely that the participant will work with the supporter, the behavioral health team and others, if desired, to develop a psychiatric advance directive prior to CARE Court graduation.
2. In the CARE plan definition, should there be a more robust menu of services, like in Welfare and Insitutions Code section 5348 for AOT?
The CARE plan is an individualized, clinically appropriate range of behavioral health related services and supports provided by a county behavioral health agency, including, but not limited to, clinical care, stabilization medications, and a housing plan, pursuant to Section 5982. Though not required, counties are encouraged to employ medically necessary, evidence-based practices and promising practices supported with community-defined evidence, which may include assertive community treatment, peer support services, and psychoeducation.
3. Under the CARE plan (see Welfare and Insitutions Code section 5982 (b) (2)) it talks about medication being prescribed by a licensed behavioral health care provider. Not all licensed providers can prescribe medication. Do we need a clarification that this does not expand scope?
It is not our intention to expand scope of practice and that can be clarified.
II. Eligibility Criteria
1. One of the criteria for CARE is that the respondent “currently lacks medical decision-making capacity.” However, this proposal allows for an affirmation or affidavit by a BH professional who had examined the respondent within three months and states it applies to a respondent who meets or is likely to meet the diagnostic criteria. How does a three-month old examination qualify as “current?” Also, does not “likely to meet” contradict “current?”
The affidavit submitted in the petition must be within 90 days, but as Welfare and Insitutions Code section 5977 (d) stipulates there is an evaluation review hearing where the court reviews the clinical evaluation conducted by county behavioral health as well as any other evidence from all interested individuals, including, but not limited to, evidence from the petitioner, the county behavioral health agency, the respondent, and the supporter. If the court finds that the evaluation and other evidence demonstrate clear and convincing evidence that the respondent meets the CARE criteria, the court is required to order the county behavioral health agency, the respondent, the respondent’s counsel and supporter to jointly develop a CARE plan.
2. Why can only one previous 14-day involuntary hold for intensive treatment within the last 90 days qualify you for CARE?
Welfare and Insitutions Code section 5972 outlines the criteria for when the court may order a respondent to participate in CARE proceedings if the court finds, by clear and convincing evidence.
1. The person is 18 years of age or older.
2. The person has a diagnosis of schizophrenia spectrum or other psychotic disorder, as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders.
3. The person is not clinically stabilized in on-going treatment with the county behavioral health agency.
4. The person currently lacks medical decision-making capacity.
Sections 5973 and 5974 outline who can submit a petition and what kind of information and evidence it must include. All petitions must include facts that support the petitioner’s belief that the respondent meets the CARE criteria, including identification of the county behavioral health agency with responsibility for providing care to the respondent, if known. In addition, the petitioner must provide either an affidavit as described in section 5972 OR evidence that the respondent was detained for intensive treatment pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Part 1 within the previous 90 days.
As summarized in the question above, a full evaluation review hearing, including a clinical evaluation, as well as hearing other evidence, must be conducted prior to the court issuing an order for a CARE plan to be developed, unless stipulated to by the parties.
The language, as currently drafted, should be amended for clarity.
3. Why is a court allowed to refer a person to CARE who is the subject of AOT or conservatorship proceedings? Shouldn’t that be the decision of a treating mental health professional—to determine which program is the most clinically appropriate for the person?
We would envision county behavioral health or the individual and their Counsel advising the judge in AOT or LPS conservatorship proceedings on the appropriateness of referral to CARE Court.
4. Is “Schizophrenia spectrum or other psychotic disorders” too narrow? Do you see “other specified psychotic disorder “and “unspecified psychotic disorder” as opening this up? More generally, what is the population we are talking about here?
A diagnosis within the disorder class of schizophrenia spectrum or other psychotic disorders is one of the four criteria for CARE Court outlined in Welfare and Insitutions Code section 5972. CARE Court is specifically designed to target psychotic disorders that interfere with a person’s ability to understand reality or make rational decisions due to symptoms of hallucinations, delusions and disorganized thinking, which are the characteristic symptoms of Schizophrenia and Schizoaffective disorders. Like other brain diseases such as neurocognitive diseases (dementias), this category of disease can interfere with an individual’s medical decision-making capacity, and that is the focus of CARE Court. By including “other psychotic disorders” in the qualifying diagnoses, the program is inclusive of other individuals experiencing psychotic symptoms who may not have received a formal diagnosis of schizophrenia but who lack medical decision-making capacity due to psychotic symptoms.
CARE Court focuses on diseases that impact insight and decision making to avoid conflating these illnesses with other illnesses that may impact functioning but do not interfere with an individual’s ability to make medical decisions for themselves. Those served by CARE Court are most likely to benefit from antipsychotic medications to reduce the symptoms of hallucinations, delusions, and disorganization that cause impaired insight and judgment in individuals living with Schizophrenia spectrum and other psychotic disorders.
5. Is this intended for persons who currently lack decision-making capacity, or for persons who are experiencing mental illness but have not yet reached incapacity/are coming off a hold and have stabilized? If it is the former, how can the person meaningfully participate in a settlement agreement/help devise a care plan/give legal consent to a settlement as contemplated by the language? If it is the latter, what is the basis for mandating a person’s participation, unless it is provided as a diversion option for persons charged with a misdemeanor? Medical decision-making capacity is one of the four criteria outlined in Welfare and Insitutions Code section 5972. Medical decision-making capacity is a functional assessment regarding a particular decision that evaluates four key components: an ability to express a treatment choice, an ability to express an understanding of causal relationships and outcome probabilities, an ability to appreciate the nature of the illness, treatment options and likely individualized direct outcomes, and an ability to rationally discuss the risks and benefits of treatment options and the reasoning behind a choice.
CARE Court is intended for individuals who lack medical decision-making capacity because their illness is untreated or undertreated, and therefore may require a court ordered CARE plan to secure that treatment, but who can still be supported in making choices about aspects of their care such as preferred medications, psychosocial interventions, and housing environment and who can still regain decision-making capacity through that care.
Medical decision-making capacity is distinct from the LPS criteria for a psychiatric hold in which the individual must be a danger to self, danger to others, or be gravely disabled.
6. If the petitioner is the family member, what evidence does the petitioner need to provide or present to demonstrate prima facie evidence that the respondent lacks medical decision capacity? Alternatively, is it the goal to provide that if you have been subject of a 5250, you are deemed to have lacked medical decision-making authority?
The criteria for CARE Court participation is outlined in section 5972, including facts (f) and evidence (g). For the petition, the petitioner can provide as evidence (g) either the affirmation or affidavit of a qualified behavioral health professional or that respondent has been subject to a hold for intensive treatment pursuant to 5250. Through the evaluation review hearings, the individual still would be evaluated to determine if they lack medical decision-making capacity, unless the parties stipulate otherwise.
7. Is there a way to allow persons who believe they need mental health services to opt in on a more voluntary basis? For example, persons who are coming out of 5150/5250/5270 holds or conservatorships and who want wraparound services? The legislation does not provide for a self-petition process—but this is something that should be considered. With regard to it being on a voluntary basis, the CARE Court settlement agreement process creates a pathway for those who are subject to a petition to enter treatment and services that the county behavioral health agency provides, without a court order. In addition, individuals and counties notified of a petition for CARE Court can directly engage in a treatment plan, and then at the Initial Hearing may be found not to meet the criteria for CARE Court due to current provision of and engagement in treatment.
III. Court Process
1. On the court process, the initial CARE hearing is required no later than 14 days from the date of the petition being filed. In AOT, the requirement is within 5 days.
Why are we almost tripling the timeframe for this proposal when we are dealing with the most severely mentally ill—given also that, the CARE process allows for various 14-day extensions before the 1-yr clock even starts? The timing is a result of one of the key differences between AOT and CARE Court – individuals can file directly with the court. To elaborate, in AOT only a county can file and it often takes a county weeks, and sometimes months, to investigate, offer services, and examine the individual before a petition for AOT is filed, so the short time frame between the AOT petition and the first hearing is appropriate. In CARE court, the petition can be filed by a range of designated people, so the petition needs some time for review by the court and for engagement of the parties before proceeding to the Initial Hearing. In CARE Court, the steps of engagement and evaluation happen after petition, through notice and engagement of county behavioral health, the respondent, counsel, and supporter, which occurs within 5 days of petition; the Initial hearing, within 14 days of petition; and the subsequent Case Management conference hearing.
2. If the respondent stabilizes at any point throughout the process of the petition, does the petition end? Likewise, if at any time during the 1-yr CARE treatment plan the respondent stabilizes, can they petition to have the court-ordered treatment end?
The CARE plan will continue for up to one year to support long term stability of the participant and to provide sufficient time for the CARE plan goals to be realized and a graduation plan to be completed. The respondent may propose modifications to the plan and an earlier graduation.
3. For IST misdemeanants who otherwise are not eligible for mental health diversion, would it make more sense to mirror the new care court referral to what currently exists in the law for AOT or conservatorship referral? These provisions should be consistent.
4. Would there need to be a Riese hearing on capacity or is that wrapped up in the “Evaluation hearing?”
There is no Riese hearing as part of CARE Court because no medications are forcibly administered. Additionally, CARE Court does not allow for a psychiatric hold where Riese hearings typically take place.
5. The timeframe for the process—stretching over many weeks—suggests there is no imminent destabilization or need for care, as compared to AOT/5150, which happens much more quickly. If the goal is to bring in destabilized persons, should the timeline be tightened up ?
As discussed above, the timing of the CARE court process is more lengthy than the AOT court process because we are allowing a direct petition to the court to begin court supervision of services earlier. That said, alternative timeframes can be considered.
6. Should a CARE plan be specifically mentioned within a settlement agreement under section 5977 (c)?
Yes. The settlement agreement should at a minimum include the required Care plan elements.
7. If an agreement is made under section 5977 (c) (3) are we basically skipping down to (f)? Does that need to be explicit?
We anticipate clarifying that the matter can be terminated after the 60 day hearing if both parties are participating in the settlement agreement.
8. Are there going to be hearsay issues given the People v. Sanchez (2016) ruling? We would imagine that People v. Sanchez would limit an expert witness’s use of hearsay in their testimony– as it has in LPS and AOT.
9. Is there a risk of abuse if a person can be brought in with just a petition and prima facie evidence of eligibility, especially because non-experts are permitted to file the petition? AOT requires a concerned person to go through the county and the county decides whether to bring the petition, does this provide better protections?
The petition requires both facts which support the petitioner’s belief that the person who is the subject of the petition meets each criteria and supporting evidence, through either an affidavit from a qualified mental health professional that the person meets, or is likely to meet, the criteria or evidence that the person who is the subject of the petition had a section 5250 hold within the last 90 days.
The petition shall be signed under the penalty of perjury. The court may dismiss a case with prejudice if finds that the filing was not in good faith.
10. There is no clinical evaluation until after the target of the petition is in the system and has been required to try to reach a settlement agreement. Should there be an evaluation earlier? How can there be a settlement agreement without an evaluation?
If the subject of the petition does not believe they meet the CARE Court criteria they may decline their option of entering into the settlement agreement and move to the evaluation.
11. Welfare and Insitutions Code section 5976 states that the target of the petition is entitled to counsel, but does not specify that counsel must be provided if they cannot afford it, as with LPS proceedings. Is the intent to provide counsel? Yes. Section 5977 requires the court to appoint counsel in all cases, not based on whether the individual can afford counsel.
12. How does the settlement agreement work? Is it essentially a voluntary CARE court treatment plan? Could this be made clearer?
The settlement agreement is a treatment plan entered into by both the respondent and county behavioral health with court supervision, but not court orders.
13. Should the court order the settlement negotiations and the development of a treatment plan to run simultaneously? There seems to be a lot of time before the health department is figuring out what the target of the petition needs, or even before there’s an evaluation.
County behavioral health should begin engaging the subject of the petition as early as possible to offer treatment, including upon receipt of notice of a petition.
If an individual is clinically stabilized in on-going treatment with the county behavioral health agency, the parties may no longer meet the criteria for CARE Court and the case may be dismissed at the Initial hearing; or they may more promptly enter into a settlement agreement at the Case Management Conference hearing.
14. The timeline for an adopted CARE plan is a status conference at 60 days after implementation, plus regular conferences set at least every 180 days. In a yearlong plan, this means the default is only two status conferences; should there be greater court oversight?
The goal is to limit court involvement if the individual is doing well in the community and the county is providing services– which is why deference has been given to the court. That said, language should be added that clearly lays out how a hearing can be requested in between status conferences.
15. The bill requires notice to be provided to the respondent’s counsel. How will the family member know who is the respondent’s counsel?
The court will be appointing counsel in every case–likely the public defender in the vast majority of counties. Information on service requirements, including addresses for the entities to be served, will need to be included in the court’s self-help center.
16. Should we require the Judicial Council to develop forms – specifically for a petitioner who is a family member – to make it easier for them to know how to do this?
Yes–the intent is to have the Judicial Council develop accessible forms.
IV. Psychiatric Advance Directive
1. How are Psychiatric Advance Directives currently working in practice? Consenting to care ahead of time that you may refuse in the moment is very different from the inverse, which is more common for advance directives. Any info from the MHSOAC on their pilot?
U.S. Centers for Medicare and Medicaid Services clarified over 15 years ago that Psychiatric Advance Directives (PAD)s should be part of psychiatric care but only 27 states have enacted laws and policies recognizing PADS. Advance directives are commonly used for physical health conditions and efforts have been underway for over a decade to increase their use for psychiatric conditions. The National Resource Center on Psychiatric Advance Directives (NRC) provides the following definition, “PADS are relatively new legal instruments that may be used to document a competent person’s specific instructions or preferences regarding future mental health treatment. Psychiatric advance directives are used to plan for the possibility that someone may lose the capacity to give or withhold informed consent to treatment during acute episodes of psychiatric illness”.
PADs can help expand the use of Supportive Decision Making tools. PADs are not intended to be used to require on-going medication or involuntary inpatient care. A PAD allows a person in a mental health crisis to retain their decisionmaking capacity by choosing supporters to help advocate for their choices.
While California may not yet have specific legal statute regarding PADs there are efforts underway to develop what will work best for California. The Mental Health Services Oversight and Accountability Commission has a learning collaborative with several counties to study and develop standardized templates, training, technology and potentially enabling legislation to support accessibility and sustainability of PADs. The administration looks forward to further engaging in these efforts.
V. Respondent Placement and Housing
1. This proposal is silent, as is AOT, on this point, but where is the respondent throughout this whole process? Are they being held? Are they at an inpatient facility? Are they released? Provided with housing?
CARE Court does not include any locked or custodial commitments. Instead, it is an outpatient model that seeks to support housing stability. For participants who are unhoused, counties may utilize local, state, federal and other housing and homelessness funding to serve CARE participants. Additionally, the proposed $1.5 billion for Behavioral Health Bridge Housing funding would be prioritized to serve CARE Court participants per Sec 5983 (b).
2. Article Five requires the care plan to include a Housing Plan, with language specifying it includes the needs of the respondent and the resources considered in support of an appropriate placement. It goes on to say counties may offer appropriate housing placements in the region as “early as is feasible in the engagement process.” Does the respondent continue to remain unhoused as they move through the Care COURT process depending on the resources available and the county’s ability to identify an appropriate housing option? Could the respondent complete the care court process without their housing needs ever being met if there was a “housing plan” in place but not an actual placement made?
In the 2021 Budget Act, the state made a $12 billion investment to prevent and end homelessness which included funding to create new community based residential settings and long-term stable housing for people with severe behavioral health conditions. While CARE Court does not create a right to housing, the legislation recognizes the importance of housing in finding stability and staying connected to treatment. To this end, the Governor’s proposed 2022- 2023 budget includes $1.5 billion to support Behavioral Health Bridge Housing, which would fund clinically enhanced bridge housing settings that would be prioritized to serve CARE Court participants, per Sec 5983 (b).
3. Regarding the housing plan, what is a “region?” Counties are being permitted to offer appropriate housing placements “in the region.” Does that mean that someone from Sacramento County may be placed as far east as Lake Tahoe? Individuals who are served by CARE Court will have diverse housing needs on a continuum ranging from clinically enhanced interim or bridge housing, licensed adult and senior care settings, supportive housing, to housing with family and friends. Housing placement should meet the individual needs of the CARE Court participant, including their geographic preferences to the extent possible. In order to support on-going connection to treatment, identifying housing that is near to treatment and other community resources will support the success of the participant. Particularly in rural areas of the state, the most appropriate and near placements may be in the region, but not the county.
4. If courts are not required to order and counties are not being required to provide housing, doesn’t that negate this whole CARE proposal? Isn’t the purpose to ensure a respondent has a care plan, a supporter, and appropriate housing? While CARE Court does not provide a right to housing, the 2021 Budget Act made a $12 billion investment to prevent and end homelessness which included funding to create new community based residential settings and long-term stable housing for people with severe behavioral health conditions. In addition, the Governor’s proposed 2022- 2023 budget includes $1.5 billion to support Behavioral Health Bridge Housing, which would fund clinically enhanced bridge housing settings that would be prioritized to serve CARE Court participants, per Sec 5983 (b).
5. Does this structure mean the individual has to comply with stabilization medication and specialty mental health treatment to access housing? If so, how does this align with housing first principles as currently defined and practiced? CARE Court holds the county and the individual accountable to a CARE plan and supports connection to housing as described above. Counties may leverage local, state, federal, and philanthropic resources to support housing placements for CARE Court participants. Nothing in the statute makes housing contingent on CARE Court participation.
6. Does it change the prioritization of limited housing resources available? Would someone be more likely to access housing if they go through CARE Court than other county/city/continuum of care processes?
The Governor’s proposed 2022- 2023 budget includes $1.5 billion to support Behavioral Health Bridge Housing, which would fund clinically enhanced bridge housing settings that would be prioritized to serve CARE Court participants per Sec 5983 (b). This is the only fund source that would statutorily require prioritization of CARE Court participants, though other funds sources for housing are available to serve this population and may also be prioritized at the local level as applicable.
7. If someone does to access housing early on in the CARE court process but then struggle with their treatment plan and fall of their medication, do they lose their housing?
Nothing in the statute makes housing contingent on CARE Court participation.
VI. Post -Hearing Process
1. What happens when a respondent has had two consecutive CARE episodes and they still have not improved? Likewise, if at any time during the first or second year the treating mental health provider does not believe the respondent will improve, what happens?
CARE is a new approach and is designed to provide meaningful connection to treatment and services for up to 24 months. If, at any time during the proceedings, the court determines by a preponderance of evidence that the respondent is not participating in CARE proceedings, after the respondent receives notice, or is not adhering to their CARE plan, the court may terminate the respondent’s participation in the CARE program. The court may utilize existing legal authority pursuant to Article 4 (commencing with Section 5200) of Chapter 2 of Part 1, to ensure the respondent’s safety. The subsequent proceedings may use the CARE proceedings as a rebuttable presumption that no suitable community alternatives are available to treat the individual.
2. What happens if after one year (or even two years), a respondent improves and is doing well, but they know that without CARE they will not be able to maintain stability, even with targeted outpatient treatment?
Upon successful completion and graduation by the Court, the participant remains eligible for ongoing treatment, supportive services, and housing in the community to support long term recovery. A PAD can remain in place for any future crises.
3. At the 11-month review – what does “successfully completed participation” mean?
This is an evidentiary status hearing. The CARE participant, supporter, counsel, and county behavioral health agency can present evidence, and the court will hear recommendations from the county behavioral health agency. The participant may request graduation or reappointment to CARE court process. If the respondent requests to be graduated from, or times out of, the CARE court process, the court will officially graduate the respondent and terminate its jurisdiction with a graduation plan which successfully completes participation.
4. Where is the authority to reappoint for an additional year if someone is unsuccessful?
A clear standard as to when the program can be extended needs to be added to the language.
5. Should CARE court be limited to the one year, not extended, unless the person chooses to do so voluntarily after successful completion? If they do not succeed at the one year or fail earlier, they would be returned to criminal court for continued proceedings. Rationale is because under regular diversion a misdemeanant’s term in a program is a maximum of one year and similarly if a person serves a term in custody the max is anywhere from 6 months to a year.
Since this would be attached to a criminal case, the maximum terms should be the same.
CARE Court should allow for an additional 12 months. This issue may be addressed by terminating the criminal case once the individual is accepted into the program– as is currently done for AOT.
6. What happens if a person is complying with treatment but is not showing progress or considered “successful?”
We consider participation in treatment success. To the extent that the individual has a subsequent mental health crisis, a PAD may be relied upon, or the court may utilize existing legal authority pursuant to Article 4 (commencing with Section 5200) of Chapter 2 of Part 1, to ensure the respondent’s safety.
7. What is the plan for someone who has not complied with a CARE plan but has not destabilized to the point of needing 5150 care, and who did not participate as part of a diversionary program? Is there a basis for imposing consequences? CARE Court does not create new standards or change existing legal authority pursuant to Article 4 (commencing with Section 5200) of Chapter 2 of Part 1. The county should continue to engage any patients who are terminated from CARE Court and are not subject to existing legal authority.
8. What happens if a CARE court participant moves jurisdictions, or becomes homeless? Is there a possibility of allowing a court to order housing, if the lack thereof is what has kept the person from stabilizing in the past? WIC 5982 outlines that counties may offer appropriate housing placements in the region as early as feasible in the engagement process but, as currently drafted, does not allow the court to order housing or to require the county to provide housing.
If a person moves jurisdictions, existing rules for behavioral health services continuity should apply.
VII. Support Person
1. Will the supporters be trained in engaging with people with MH/SUD conditions? Likewise, if a respondent decides on a supporter not provided by the Dept of Aging, shouldn’t that supporter receive some kind of training if they will be guiding the respondent through court proceedings, meetings, etc.? Is the Dept of Aging the correct entity to train supporters?
Supporters will be trained in strategies to engage individuals with severe mental illness. A key department responsibility will be to effectively train supporters on supported decision making with individuals who have behavioral health conditions and on the use of psychiatric advance directives. As Welfare and Institutions code 5980 describes this training will be developed with input from peers, family members, disability groups, providers, and other relevant stakeholders.
Self-direction is a critical element of CARE. Welfare and Institutions code 5980(c) explains that if a respondent chooses their own supporter, that person may serve as a supporter without compensation. Volunteer supporters will be provided with required, accessible training that includes, at a minimum, a description of their role, expectations, and conflicts of interest. Respondent may also choose not to have a supporter.
With a focus on individual empowerment and access to services in the home and community, California Department of Aging (CDA) has long focused on personcentered advocacy and support programs for older and disabled adults, including the Long-Term Care Ombudsmen program for residents of nursing homes and assisted living facilities, the Friendship Line for behavioral health support, and, more recently, the Office of the Patient Representative that represents the wishes of incapacitated individuals in long-term care facilities. In July, subject to final budget approval of the Governor’s January budget proposal, CDA will be hiring a Conservator/Public Guardian liaison that will work with local Public Guardian/Public Conservator offices to help strengthen probate conservatorships for adults with diminished capacity to make financial and personal care decisions.
The supporter program compliments CDA’s focus on advocacy and empowerment of older and disabled adults.
2. If the supporter is required to assist the respondent with understanding the entire CARE process, shouldn’t the supporter be required to attend court proceedings rather than just being allowed to attend?
The supporter should attend and that clarification in the language would be helpful
3. Why the Department of Aging? Would the office of patient’s rights in DHCS make more sense? Will CDA decide the contract specifications if the role is contracted out? Is a competitive process envisioned?
As stated above, CDA has expertise in managing person-centered advocacy and support programs with expert community-based organizations that effectively serve vulnerable older and disabled adults, including preserving the rights of unrepresented and vulnerable people. They are the appropriate entity to develop and administer a State Supported Decision Making program, in partnership with expert community-based organizations. The Office of Patients’ Rights within DHCS has the responsibility to ensure that mental health laws, regulations, and policies for the rights of mental health service recipients are observed in licensed mental health facilities.
As Welfare and Institutions code 5980 outlines CDA may enter into a technical assistance and training agreement to provide trainings either directly to supporters or to the contracted entities who will be responsible for hiring and matching supporters to respondents. CDA will seek stakeholder input on contract specifications and contract award criteria. The Supporter program contracts shall include labor standards.
4. If supporters are being bound to “existing obligations and prohibitions,” who is ensuring that a supporter not trained/provided by Dept of Aging knows all this? As the program is developed, that will be incorporated into the training envisioned for volunteer Supporters.
5. For the supporter, if someone does volunteer, should there be some written commitment to serve in this role like in 5350(e) (2)?
As the program is developed, that will be incorporated into the training envisioned for volunteer Supporters.
6. Who sets the qualifications and compensation? Who is the employer? What about possible conflict of interest?
Welfare and Institutions Code section 5980 outlines that CDA will develop the Supporter program and will do so with support and input from peers, family members, disability groups, providers, and other relevant stakeholders. CDA intends to contract with community-based organizations at the state, regional or local level who will serve as the employer of the supporters. CDA will be responsible for addressing any potential conflicts of interest for CDA funded supporters or contracted entities.
7. The language allows contracted entities to “match” the supporter and has the court appointing a supporter within 5 days of filing. Does CDA or the contractor provide name(s) to the court or to the respondent first? Does the respondent have a choice?
Self-direction and choice are critical elements of CARE Court. Reasonable and feasible strategies will be employed to provide Supporter choice to the respondent, recognizing limitations due to the immediate need to have a supporter available in the 5-day period and in every county in California.
Respondents can also decline a supporter.
VIII. Evaluation and Accountability
1. Like we are seeing with LPS, we need specific and robust reporting requirements, should those be included here for technical assistance piece.
A robust data collection, evaluation, and accountability framework will be added to the legislation. This will include demographic data to mitigate against and remedy racial, ethnic, and other inequities in behavioral health and housing.
April 20, 2022
Funding Backgrounder:
California’s Behavioral Health Approach and Funding
CARE (Community Assistance, Recovery, and Empowerment) Court is a new process to assist people living with under or untreated schizophrenia spectrum or other psychotic disorders who lack medical decision-making capacity, many of whom are unhoused. CARE Court empowers Californians in crisis to access the care, treatment, and housing plan they need in their community. It includes accountability for both individuals and local governments with court orders for needed services.
Counties can tap into multiple funding sources to provide the court ordered care and treatment. *Counties received Medi-Cal behavioral health funding for all years reflected. Estimates are included for 2014-15 and 2022-23 to provide an overall view of growth in this funding over the period reflected. *Data between 2014-15 and 2020-21 represent actuals, except 2014-15 Medi-Cal Behavioral Health costs, which are an estimate. Data for 2021-22 and 2022-23 are estimates.
*Medi-Cal non-specialty mental health managed care state costs of $406 million in 2014-15 and $529.1 million in 2022-23 are not included in this graph. Also, not included in the graph are Medi-Cal carved-out psychotropic medications. For reference, psychotropic medications were estimated to be $1.1 billion in 2017-18. Additionally, No Place Like Home Program actual expenditures of $590 million in 2018-19 and $622 million in 2019-20, and estimated expenditures of $202 million in 2021-22 and $400 million in 2022-23 are not included in this graph. Not all Non-Medi-Cal Behavioral Health (Federal Block Grants) are available to counties.
The below represents many of the recent investments designed to support the public community behavioral health system, however the list is not exhaustive (amounts reflected in the graph above are denoted with an asterisk*):
Housing and Homelessness
CARE Court builds on significant new investments, including Governor Newsom’s $14 billion multi-year investment to provide 55,000 new housing units and treatment slots. The Governor’s approach focuses on quickly rehousing unsheltered individuals with behavioral health issues, all while new units come online, while also transforming Medi-Cal to provide more behavioral health services to people struggling the most. Part of the $14 billion investment reflects the following:
• Behavioral Health Continuum Infrastructure Program: $2.2 billion to support competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets or to invest in mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources.
• Community Care Expansion Program: $805 million for acquisition, construction, and rehabilitation to preserve and expand adult and senior care facilities that serve SSI/SSP and Cash Assistance Program for Immigrants. This program supports seniors and adults who are at risk of or experiencing homelessness, including those who have behavioral health conditions. It expands the state’s housing and care continuum, facilitating better treatment outcomes and preventing the cycle of homelessness or unnecessary institutionalization. • Behavioral Health Bridge Housing Program: $1.5 billion to address the immediate housing and treatment needs of people experiencing unsheltered homelessness with serious behavioral health conditions by providing time-limited operational supports in various bridge housing settings, including existing assisted living settings.
Children and Youth
• Children and Youth Behavioral Health Initiative: $4.7 billion (including $480.5 million in the Behavioral Health Continuum Infrastructure Program, described above, targeted to individuals 25 years of age and younger) to help transform the state’s behavioral health system into an innovative ecosystem in which all children and youth 25 years of age and younger, regardless of payer, are screened, supported, and served for emerging and existing behavioral health needs.
Behavioral Health Workforce
• Care Economy Workforce: $1.7 billion for Care Economy Workforce investments, including funding to recruit and train 25,000 new community health workers as well as additional psychiatric providers.
• *Peer Support: $31.3 million federal funds to add peer support specialist services as a covered Medi-Cal benefit in the public behavioral health delivery system.
Substance Use Disorder
• Opioid Settlements Funds: $86 million to support opioid abatement programs, including, but not limited to, distribution of naloxone to homeless service providers, operation of a web-based statewide addiction treatment locator platform, support of vocational rehabilitation employment services, provider training on opioid treatment, and education and outreach campaigns.
Behavioral Health Crisis Continuum
• *Behavioral Health Crisis Continuum: $20 million one-time federal funds in 2021-22 to expand capacity to the 13 accredited crisis call centers in California. In 2022, the California Health and Human Services Agency is starting a planning process to develop a clear strategy for how all the components of the behavioral health crisis continuum interact, including connections between prevention efforts like hotlines and peer support services, 9-8-8 mental health crisis call centers, and mobile crisis response at the local level. • *Medi-Cal Mobile Crisis Benefit: $1.4 billion to add qualifying community-based mobile crisis intervention services as a Medi-Cal covered benefit available to eligible Medi-Cal beneficiaries exclusively through the Medi-Cal behavioral health delivery system. Qualifying communitybased mobile crisis intervention services will be available 24 hours a day, 7 days a week, and provided by a multidisciplinary mobile crisis team to Medi-Cal beneficiaries in the community.
Agenda Item B
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Dana Engstrom, Deputy City Clerk
SUBJECT: Approval of the May 9, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on May 9, 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.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on May 9, 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
May 9, 2022
The City Council met in regular session at 7:01 p.m. in the City Council Chambers. Mayor Pro Tem Varipapa 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
Nicholas Nicholas, Police Lieutenant
Antonino Giordano, Maintenance Worker
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Deputy City Clerk Engstrom read into the record that three (3) emailed comments were received regarding various agenda items and one (1) PowerPoint was received after the posting of the agenda that were distributed to City Council and made available to the public.
Council Member Sustarsic moved, second by Council Member Moore, to approve the agenda.
AYES: Kalmick, Moore, Sustarsic, Varipapa, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
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
PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Kori DeLeon and Joyce RossParque. 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 Moore attended the Seal Beach Classic Car Show and noted that City staff, the Police Department, Leos and Lions, and the Seal Beach Chamber of Commerce all worked well together.
Council Member Sustarsic attended the Seal Beach Classic Car Show noting it was well attended. Additionally, she attended a Regional Military Affairs Committee meeting at the Joint Forces Training Base.
Council Member Massa-Lavitt indicated that the Orange County Sanitation District is offering a virtual tour - registration is available on their website. She also discussed her attendance at the Southern California Association of Governments (SCAG) conference.
Mayor Pro Tem Varipapa indicated he attended Coffee with a Cop and the Classic Car Show and thanked all those that helped coordinate both events.
Mayor Kalmick indicated he attended Coffee with a Cop and noted how great it is to see the interaction between the residents and our police officers. He attended the 54th Annual Graduation of the Orange County Fire Authority Academy resulting in the hiring of thirtyone (31) new firefighters. Additionally, he attended the Southern California Association of Governments (SCAG) conference as a regional board member. Lastly, he noted that the Beach House at River’s End is under construction.
COUNCIL ITEMS
There were no council items.
CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa, to approve the recommended actions on the consent calendar.
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
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
There were no new business items.
ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 7:47 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 D
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Director of Community Development
SUBJECT: Approve Amendments to the Classification Plan and Designate the Pay Grade and Status of Four Planning Positions
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council:
1. Adopt Resolution 7280; and,
2. Authorize the City Manager to implement changes to the job classifications and salary schedules.
BACKGROUND AND ANALYSIS:
The City of Seal Beach’s Planning Division currently consists of two classifications and positions, an Assistant Planner and a Senior Planner. In a larger organization, a planning division would have a broader spectrum of classifications to accommodate both the needs of the department as well as employee development and advancement. Though terms may vary slightly between cities, a sample “planning series” would commonly include Planning Technician, Assistant Planner, Associate Planner, Senior Planner, and Planning Manager.
As it is currently set up, the City’s planning division offers little flexibility or mobility for planning employees supporting the division. Historically, this has resulted in employees leaving the City in order to advance their careers, often taking with them years of community-based knowledge. The implementation of a planning series will allow for greater flexibility to hire for positions that will best serve the needs of the Department, within the confines of the budget. Additionally, it will allow for employee development within the Department. This is particularly important between the two existing positions, as the gap between an Assistant Planner and a Senior Planner can be quite broad.
An Assistant Planner is typically a limited-experienced position, while a Senior Planner will have substantive experience with complex entitlements, project management, and public engagement. Thus, after a couple years of experience,
an Assistant Planner is likely qualified to be an Associate Planner, but currently has no ability to advance without leaving the City since the City currently has no classification for Associate Planner. With this in mind and following the appointment of a new Community Development Director, internal research was initiated last year to analyze classification and compensation for a planning series of four positions: Assistant Planner, Associate Planner, Senior Planner, and Planning Manager. The key findings were as follows.
The City has several “manager” classifications including Finance Manager, Recreation Manager, and Administrative Manager. Currently, the Senior Planner position is internally aligned with these classifications on the current salary schedule, but without a title designating the job as a management position. In other words, the position is asked to do the work of a manager and compensated appropriately, however is not given a title comparable to peers in other cities, which may negatively impact recruitment efforts. The existing Assistant Planner position is compensated at levels similar to associate planners at other jurisdictions. Therefore, the existing Assistant Planner compensation would be shifted to the Associate Planner position, and the Assistant Planner position would be reclassed at a lower compensation level.
Based on research performed, the classification and compensation structure shown in the following table is being recommended. The existing Senior Planner classification would convert to a Planning Manager in compensable alignment with other manager classifications, and a lower compensation for the Senior Planner is proposed, which is at or about labor market average. Similarly, a new bridge classification of Associate Planner would be created at or about labor market average, and a lower compensation level established for the Assistant Planner. The variance between position compensation would be approximately 10 percent. This action will also designate two new position grades within the existing salary schedule, with the Assistant Planner position designated at Grade 24, Associate Planner at Grade 28, Senior Planner at Grade 29, and Planning Manager at Grade 36. Job descriptions, compensation research, and the existing salary schedule are included in Attachments 2, 3, and 4. These changes were discussed with the bargaining unit prior to placement on the agenda.
Position Salary Maximum Proposed Maximum
Assistant Planner $9,052.75 $8,229.72
Associate Planner N/A $9,052.75
Senior Planner $11,029.89 $9,958.03
Planning Manager N/A $11,029.89
The City has one existing Assistant Planner position, that has been filled by a planner with several years of experience, including three years with the City. Due to the limited number of people in the division, and because the existing Senior Planner position has been vacant (currently being backfilled by contract staff), this position has increased in responsibility. In keeping with the proposed job descriptions and compensation, this position is proposed to be reclassed to associate planner.
Though these proposed changes will add additional classifications within the planning division, the planning division will remain supported by two employees, and budgeted only for those two positions. The additional classifications support the City’s desire to retain and develop current staff while also retaining the ability to fill a role based on the City’s current needs. A similar staffing model exists within the Public Works Department in which currently there is an Assistant Engineer, Associate Engineer, and Deputy Director of Public Works/City Engineer.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item. The proposed action is exempt from the California Environmental Quality Act (“CEQA”) because it is not a project pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to a specific project which may result in a potentially significant impact on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
None at this time. The proposed modifications can be accommodated within the existing budget.
RECOMMENDATION:
That the City Council:
1. Adopt Resolution 7280; and,
2. Authorize the City Manager to implement changes to the job classifications and salary schedules.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community Development
Director
Jill R. Ingram, City
Manager
Attachments:
A. Resolution 7280
B. Job Descriptions
C. Comparable Compensation Study
D. Salary Schedule with Proposed Revisions
RESOLUTION 7280
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN
AND DESIGNATING THE PAY GRADES AND STATUSES OF
FOUR PLANNING POSITIONS
WHEREAS, amending the classification plan regarding the titles and classifications of Assistant Planner and Senior Planner classifications is warranted to accurately reflect the current duties and responsibilities; and, WHEREAS, the Associate Planner and Planning Manager classifications are hereby added to the classification plan; and,
WHEREAS, the cost of the proposed amendments and additions are included in the FY 2022/2023 budget.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The classifications of Assistant Planner and Senior Planner are hereby amended to reflect reporting requirements necessitated by this change in classification title and responsibilities. Copies of the class specifications are attached hereto.
Section 2. The classifications of Associate Planner and Planning Manager are hereby added to the classification plan. Copies of the class specifications are attached hereto.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd 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 7280 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022.
Gloria D. Harper, City Clerk
______________________________________________________________________
ASSISTANT PLANNER
FLSA: NON-EXEMPT
DEFINITION:
Under direct or general supervision, performs various professional field and office planning work related to current and advance planning, including review of development and land use applications, zoning, site plans, and environmental documents; provides project management and administration; completes technical assessments and prepares written project analyses; provides professional advice and assistance to the public on planning, community development, zoning, permits, and environmental review; provides professional staff assistance to the department management, other City departments, and the public in areas of expertise; performs a variety of studies and prepares and presents staff reports; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED:
Receives direct or general supervision from the Senior Planner or Planning Manager, and Director of Community Development. Exercises no supervision of staff.
CLASS CHARACTERISTICS:
This is the first experienced-level class in the professional planning series. Initially under close supervision, incumbents with basic planning experience perform professional and technical planning work in current, advance, and/or environmental planning activities. As experience is gained, assignments become more varied and are performed with greater independence.
Positions at this level usually perform most of the duties required of the positions at the Associate level, but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods. Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are explained in detail as they arise.
EXAMPLES OF TYPICAL JOB FUNCTIONS (ILLUSTRATIVE ONLY):
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Reviews routine to complex commercial, industrial, and residential development proposals, plans, and applications for issuance of zoning clearance and for compliance with appropriate codes, ordinances, standards, laws, rules, regulations, and policies. • Reviews permit applications and building plans for completeness and compliance with current City codes and regulations; provides interpretations of the California Environmental Quality Act (CEQA), Subdivision Map Act, and local environmental City of Seal Beach
211 8th St.
Seal Beach, CA 90740
562-431-2527
guidelines; identifies corrective actions to be taken by owners; conducts follow-up and recheck and approves or denies submittals. • Assists the public at the front counter and on the phone, answering questions and providing information regarding zoning, land use, development standards, approved development proposals, and the City’s entitlement process; performs plan check functions for various projects; receives and reviews applications for building permits for completeness; receives and records zoning and code compliance complaints, establishes appropriate files, performs inspections of document violations, coordinates actions with those of other agencies, and implements appropriate procedures to correct or resolve each complaint and violation.
• Serves as project manager on planning and development projects, which includes application and plan review, coordination with project applicants and other City departments, preparation and posting of legal notices, background research, environmental review, preparation of staff reports, scheduling meetings and hearings, and monitoring of project implementation to verify substantial conformance with approved plans, conditions, and mitigation measures; suggests revisions to site plans and architecture; inspects project development sites.
• Compiles information for a variety of studies and reports; researches, analyzes, and interprets social, economic, population, and land use data and trends; researches and reviews previous entitlements and City records; develops recommendations and prepares written reports on various planning matters and the City’s General Plan; participates in the implementation and administration of the City’s General Plan and development regulations.
• Prepares and presents staff reports for the department and City management, City Council, Planning Commission, Environmental Quality Control Board, Historic Preservation Committee and various other committees and advisory boards as directed; prepares research, reports, maps, and conducts briefings and meetings. • Confers with and advises architects, builders, contractors, engineers, and the general public regarding City development policies and standards; provides and clarifies information relative to land use, zoning, code interpretation, general plan compliance, signage, and other issues.
• Researches and assists in preparing ordinances for review. • Participates in coordinating City planning and development related activities with other City departments and with outside agencies.
• Refers to and applies numerous documents including the General Plan, California Environmental Quality Act, Subdivision Map Act, Coastal Act, Municipal Code, specific plans, historical preservation guidelines, County tax assessor’s maps and records, building and architecture plans, etc.
• Attends meetings, conferences, workshops, and training sessions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of urban planning and other types of public services as they relate to the area of assignment.
• Performs other duties as assigned.
QUALIFICATIONS:
Knowledge of:
• Modern principles and practices of technical and legal issues of urban and regional planning, zoning, urban economics, demographics, and environmental planning and program management.
• Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Geographic, socio-economic, transportation, political, and other elements related to city planning.
• Comprehensive plans and current planning processes and the development process. • General concepts of site planning, architecture, landscaping, grading, drainage, and traffic and transportation engineering as they relate to the process of urban planning. • Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. • Researching and reporting methods, techniques, and procedures. • Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
• Modern office practices, methods, and computer equipment and applications related to the work.
• English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational and regulatory organizations, and with property owners, developers, contractors, and the public. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
Ability to:
• Interpret planning and zoning programs to the general public; identify and respond to issues and concerns of the public, City Council, and other boards and commissions. • Read plans and specifications and make effective site visits. • Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
• Conduct routine research projects, evaluate alternatives, and make sound recommendations.
• Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.
• Read and understand technical drawings and specifications. • Perform mathematical and planning computations with precision. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various business, professional, and regulatory organizations and individuals.
• Coordinate assigned activities with other City departments and agencies as required. • Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
• Establish and maintain a variety of filing, record-keeping, and tracking systems. • Make sound, independent decisions within established policy and procedural guidelines. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Operate office equipment and computer applications related to the work. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
EDUCATION AND EXPERIENCE:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration, or a related field.
• One (1) year of professional experience in planning, zoning and related community development activities.
LICENSES AND CERTIFICATIONS:
• Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
PHYSICAL DEMANDS:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
ENVIRONMENTAL ELEMENTS:
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. ______________________________________________________________________
ASSOCIATE PLANNER
FLSA: EXEMPT
DEFINITION:
Under direct or general supervision, performs various professional field and office planning work related to current and advance planning, including review of development and land use applications, zoning, site plans, and environmental documents; provides project management and administration; completes technical assessments and prepares written project analyses; provides professional advice and assistance to the public on planning, community development, zoning, permits, and environmental review; provides complex professional staff assistance to the department management, other City departments, and the public in areas of expertise; performs a variety of studies and prepares and presents staff reports; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED:
Receives direct or general supervision from the Senior Planner or Planning Manager, and Director of Community Development. May exercise limited technical and functional direction over and provide training to lower-level staff.
CLASS CHARACTERISTICS:
This is the full journey-level class in the professional planning series. Incumbents are expected to perform the full range of professional and technical planning work in current, advance, and/or environmental planning activities and daily departmental operations, in addition to providing project management and administration. Positions at this level are distinguished from the Assistant level by the performance of the full range of duties as assigned, working independently, and exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from the Senior Planner in that the latter is the advanced journey-level class in the series and is responsible for organizing, assigning, and reviewing the work of departmental and/or contract staff in addition to performing the more complex planning and project management activities.
Positions in the professional planner class series are normally filled by advancement from the Assistant level requiring at least two (2) additional years of experience and after gaining the knowledge, skill, and experience which meet the qualifications for, and after demonstrating the ability to perform the work, of the higher-level class.
EXAMPLES OF TYPICAL JOB FUNCTIONS (ILLUSTRATIVE ONLY):
City of Seal Beach
211 8th St.
Seal Beach, CA 90740
562-431-2527
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Reviews routine to complex commercial, industrial, and residential development proposals, plans, and applications for issuance of zoning clearance and for compliance with appropriate codes, ordinances, standards, laws, rules, regulations, and policies. • Reviews permit applications and building plans for completeness and compliance with current City codes and regulations; provides interpretations of the California Environmental Quality Act (CEQA), Subdivision Map Act, and local environmental guidelines; identifies corrective actions to be taken by owners; conducts follow-up and recheck and approves or denies submittals. • Reviews and signs off on plans submitted for building plan check and permits. • Assists the public at the front counter and on the phone, answering questions and providing information regarding zoning, land use, development standards, approved development proposals, and the City’s entitlement process; performs plan check functions for various projects; receives and reviews applications for building permits for completeness; receives and records zoning and code compliance complaints, establishes appropriate files, performs inspections of document violations, coordinates actions with those of other agencies, and implements appropriate procedures to correct or resolve each complaint and violation.
• Serves as project manager on planning and development projects, which includes application and plan review, coordination with project applicants and other City departments, preparation and posting of legal notices, background research, environmental review, preparation of staff reports, scheduling meetings and hearings, and monitoring of project implementation to verify substantial conformance with approved plans, conditions, and mitigation measures; suggests revisions to site plans and architecture; inspects project development sites.
• Compiles information for a variety of studies and reports; researches, analyzes, and interprets social, economic, population, and land use data and trends; researches and reviews previous entitlements and City records; develops recommendations and prepares written reports on various planning matters and the City’s General Plan; participates in the implementation and administration of the City’s General Plan and development regulations.
• Researches, collects, records, analyzes, interprets, and summarizes statistical and demographic information.
• Prepares and presents staff reports for the department and City management, City Council, Planning Commission, Environmental Quality Control Board, Historic Preservation Committee and various other committees and advisory boards as directed; prepares research, reports, maps, and conducts briefings and meetings. • Confers with and advises architects, builders, contractors, engineers, and the general public regarding City development policies and standards; provides and clarifies information relative to land use, zoning, code interpretation, general plan compliance, signage, and other issues.
• Researches and assists in preparing ordinances for review. • Participates in coordinating City planning and development related activities with other City departments and with outside agencies.
• Refers to and applies numerous documents including the General Plan, California Environmental Quality Act, Subdivision Map Act, Coastal Act, Municipal Code, specific plans, historical preservation guidelines, County tax assessor’s maps and records, building and architecture plans, etc.
• Attends meetings, conferences, workshops, and training sessions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of urban planning and other types of public services as they relate to the area of assignment.
• Performs other duties as assigned.
QUALIFICATIONS:
Knowledge of:
• Modern principles and practices of technical and legal issues of urban and regional planning, zoning, urban economics, demographics, and environmental planning and program management.
• Geographic, socio-economic, transportation, political, and other elements related to city planning.
• Comprehensive plans and current planning processes and the development process. • Site planning and architectural design principles.
• General concepts of architecture, landscaping, grading, drainage, and traffic and transportation engineering as they relate to the process of urban planning. • Operational characteristics, services, and activities of a comprehensive environmental planning program.
• Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. • Project management and contract administration principles and techniques. • Researching and reporting methods, techniques, and procedures. • Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
• Modern office practices, methods, and computer equipment and applications related to the work.
• Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Principles of advanced mathematics and their application to planning work. • Methods and techniques of effective technical report preparation and presentation. • English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational and regulatory organizations, and with property owners, developers, contractors, and the public. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
Ability to:
• Interpret planning and zoning programs to the general public; identify and respond to issues and concerns of the public, City Council, and other boards and commissions. • Read plans and specifications and make effective site visits. • Assess, monitor, and report environmental impact on and of various City programs and services.
• Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
• Conduct routine research projects, evaluate alternatives, and make sound recommendations.
• Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.
• Read and understand technical drawings and specifications. • Perform mathematical and planning computations with precision. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various business, professional, and regulatory organizations and individuals.
• Coordinate assigned activities with other City departments and agencies as required. • Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
• Establish and maintain a variety of filing, record-keeping, and tracking systems. • Make sound, independent decisions within established policy and procedural guidelines. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Operate office equipment and computer applications related to the work. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
EDUCATION ANAD EXPERIENCE:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration, or a related field.
• At least three (3) years of professional experience in planning, zoning and related community development activities, or two (2) years of experience as an Assistant Planner at the City of Seal Beach.
LICENSES AND CERTIFICATIONS:
• Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
PHYSICAL DEMANDS:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
ENVIRONMENTAL ELEMENTS:
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. ______________________________________________________________________
SENIOR PLANNER
FLSA: EXEMPT
DEFINITION:
Under general direction, administers complex current and advance planning activities, including serving as project manager for complex development applications and special projects; administers specified activities in such areas as zoning, advance planning, and environmental impact studies, protection, and compliance, as well as the capital improvement program (CIP); provides technical direction to lower-level staff; provides information and assistance to property owners, developers, contractors, and the public; provides complex professional assistance to the Director of Community Development and Community Services, Planning Commission, City Council, and others in areas of expertise; oversees, reviews, and performs a variety of studies and prepares and presents staff reports; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED:
Receives general direction from the Director of Community Development and Community Services. Exercises direct and general supervision over assigned staff.
CLASS CHARACTERISTICS:
This is the advanced journey-level class in the professional planning series with responsibilities spanning the entire spectrum of the planning function, with a primary emphasis on current and advance planning and environmental impact, protection, and compliance issues. Successful performance of the work requires a broad professional background as well as skill in coordinating assigned work with that of other City departments and public agencies. Responsibilities may include assisting with performing day-to-day administrative functions of the department. This class is distinguished from the Planning Manager in that the latter would exercise greater managerial authority within the department as a whole.
EXAMPLES OF TYPICAL JOB FUNCTIONS (ILLUSTRATIVE ONLY):
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, organizes, and oversees the daily functions, operations, and activities of several community development programs, including current planning, long range planning, zoning, compliance, and capital improvement.
• Participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs and the department; recommends within departmental policy, appropriate service levels; recommends and administers policies and procedures.
City of Seal Beach
211 8th St.
Seal Beach, CA 90740
562-431-2527
• Participates in the selection, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
• Serves as project manager for multiple complex current and/or long-range planning projects and special planning studies, including in-depth application and plan review, coordination with applicants to obtain additional information and project changes, preparing legal notices, posting notices on sites, background research, preparing staff reports, attending public hearings and making presentations, monitoring implementation measures and conditions of approval, checking submittals for building plan check, and inspecting development and capital improvement sites at the beginning and upon completion of the project; reviews project applications and plans submitted for Planning Commission and City Council considerations at public hearings. • Interprets and applies Federal, State, and local laws, rules, and regulations to ensure that public and private projects are in compliance, including the California Environmental Quality Act (CEQA), Subdivision Map Act, Coastal Act, Municipal Code, and the General Plan.
• Interacts and communicates with a variety of individuals and groups at the public service counter, in the field, over the telephone, at public hearings, and in discussion forums, including other City departments and public agencies, elected and appointed City officials, developers, consultants, architects, engineers, attorneys, appraisers, real estate agents, property owners, and the general public for the purpose of obtaining or providing information, coordinating activities, processing projects, negotiating plan changes, and formulating recommendations.
• Conducts site and policy background research to obtain information for the preparation of staff reports, correspondence, memoranda, policy documents, procedure documents, and presentations to supervisory, inter-departmental staff, or governing bodies; reads, interprets, analyzes, and explains a wide variety of technical documents, studies, and practices related to traffic, noise, plant and animal resources, archaeological resources, paleontological resources, cultural resources, geotechnics, water quality, air quality, and legislation that may impact the City’s planning projects. • Manages and oversees the work of professional and technical consultants to ensure adherence to City standards and legal provisions; ensures that deliverables are submitted on time and budget and that progress and payment requests are consistent with City policy and contract provisions.
• Prepares grant proposals for long-term planning projects from a variety of outside agencies and organizations.
• Conducts plan check of building permit-level plan submittals associated with complex projects to verify compliance with project approvals and zoning requirements; conducts over-the-counter plan check of less complex development proposals and land uses; approves minor development plans.
• Coordinates project reviews by other City departments and outside agencies and consultants.
• Evaluates the conclusions of initial studies, mitigated negative declarations, environmental impact reports, and uses the evaluation to formulate a recommendation on projects; monitors project compliance with environmental document mitigation measures and conditions of approval.
• Performs specialized planning functions such as environmental review. • Conducts and supervises planning studies in the community; gathers data for implementing or evaluating current and advance planning projects; makes recommendations.
• Makes recommendations for amendments and updates to the Municipal Code as necessary and appropriate; participates in and makes recommendations regarding policy development and implementation; observes, identifies, and responds to policy and procedure-related questions and concerns; communicates observed deficiencies to management and formulates alternatives for resolution; participates in creating new policies and procedures.
• Represents the City and presents oral reports at public meetings and hearings as necessary.
• Provides staff support to a variety of boards and commissions including the Planning Commission, Environmental Quality Control Board, and Historic Preservation Committee; attends and participates in professional groups and committees; provides technical and professional support to departmental management staff and other City departments and the public; advises other departments regarding planning and/or environmental review requirements, budgets, and timelines to facilitate adequate project planning. • Performs other duties as assigned.
QUALIFICATIONS:
Knowledge of:
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, project management, and supervision of staff. • Modern principles, practices, and technical and legal issues of urban and regional planning, zoning, urban economics, demographics, and environmental planning and program management.
• Geographic, socio-economic, transportation, political, environmental, and other elements related to city planning.
• Comprehensive plans and current planning processes and the development process. • Site planning and architectural design principles.
• General concepts of architecture, landscaping, grading, drainage, traffic, and transportation engineering as they relate to the process of urban planning. • Operational characteristics, services, and activities of a comprehensive environmental planning program.
• Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. • Project management and contract administration principles and techniques. • Basic principles and practices of budget administration. • Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. • Research and reporting methods, techniques, and procedures. • Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
• Modern office practices, methods, and computer equipment and applications, including computer hardware and software necessary for graphic presentation, mapping, and database management.
• Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Principles of advanced mathematics and their application to planning work. • Methods and techniques of effective technical report preparation and presentation. • English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational and regulatory organizations, and with property owners, developers, contractors, and the public. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
Ability to:
• Recommend and implement goals, objectives, and practices for providing effective and efficient services.
• Plan, organize, schedule, assign, review, and evaluate the work of and train staff. • Interpret and explain planning and zoning programs to the general public; identify and respond to issues and concerns of the public, City Council, and other boards and commissions.
• Read plans and specifications and make effective site visits. • Assess, monitor, and report environmental impact on and of various City programs and services.
• Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
• Conduct complex research projects, evaluate alternatives, and make sound recommendations.
• Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures, and City planning policies and procedures.
• Read and understand technical drawings and specifications. • Perform mathematical and planning computations with precision. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and individuals.
• Coordinate assigned activities with other City departments and agencies as required. • Direct the work of contract consultants.
• Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
• Establish and maintain a variety of filing, record-keeping, and tracking systems. • Make sound, independent decisions within established policy and procedural guidelines. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Operate office equipment including computer applications related to the work. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
EDUCATION AND EXPERIENCE:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration, or a related field.
• Five (5) years of increasingly responsible professional experience in planning, zoning and related community development activities.
LICENSES AND CERTIFICATIONS:
• Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
PHYSICAL DEMANDS:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
ENVIRONMENTAL ELEMENTS:
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. ______________________________________________________________________
PLANNING MANAGER
FLSA: EXEMPT
DEFINITION:
Under general direction, oversees operations of the Planning Division and has supervisorial role within the Community Development Department; administers complex current and advance planning activities, including serving as project manager for complex development applications and special projects; administers specified activities in such areas as zoning, advance planning, and environmental impact studies, protection, and compliance, as well as the capital improvement program (CIP); provides technical direction and mentoring to Community Development staff; provides information and assistance to property owners, developers, contractors, and the public; provides complex professional assistance to the Director of Community Development, Planning Commission, City Council, and others in areas of expertise; oversees, reviews, and performs a variety of studies and prepares and presents staff reports; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED:
Receives general direction from the Director of Community Development. Exercises direct and general supervision over Community Development staff and is responsible for the overall management of the Planning Division.
CLASS CHARACTERISTICS:
This is the management-level class in the professional planning series with responsibilities spanning the entire spectrum of the planning function, with a primary emphasis on current and advance planning and environmental impact, protection, and compliance issues. Successful performance of the work requires a broad professional background as well as skill in coordinating assigned work with that of other City departments and public agencies. Responsibilities are wideranging and may include assisting with administrative functions of the department, as well as planning-related activities. This class is distinguished from Director of Community Development in that the latter is a department head class that has overall responsibility for all department functions and for developing, implementing, and interpreting public policy.
EXAMPLES OF TYPICAL JOB FUNCTIONS (ILLUSTRATIVE ONLY):
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Plans, organizes, and oversees the daily functions, operations, and activities of several community development programs, including current planning, long range planning, zoning, and compliance.
City of Seal Beach
211 8th St.
Seal Beach, CA 90740
562-431-2527
• Participates in the development and implementation of goals, objectives, policies, and priorities for assigned programs and the department; recommends within departmental policy, appropriate service levels; recommends and administers policies and procedures. • Participates in the selection, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
• Serves as project manager for multiple complex current and/or long-range planning projects and special planning studies, including in-depth application and plan review, coordination with applicants to obtain additional information and project changes, preparing legal notices, posting notices on sites, background research, preparing staff reports, attending public hearings and making presentations, monitoring implementation measures and conditions of approval, checking submittals for building plan check, and inspecting development and capital improvement sites at the beginning and upon completion of the project; reviews project applications and plans submitted for Planning Commission and City Council considerations at public hearings. • Interprets and applies Federal, State, and local laws, rules, and regulations to ensure that public and private projects are in compliance, including the California Environmental Quality Act (CEQA), Subdivision Map Act, Coastal Act, Municipal Code, and the General Plan.
• Interacts and communicates with a variety of individuals and groups at the public service counter, in the field, over the telephone, at public hearings, and in discussion forums, including other City departments and public agencies, elected and appointed City officials, developers, consultants, architects, engineers, attorneys, appraisers, real estate agents, property owners, and the general public for the purpose of obtaining or providing information, coordinating activities, processing projects, negotiating plan changes, and formulating recommendations.
• Conducts site and policy background research to obtain information for the preparation of staff reports, correspondence, memoranda, policy documents, procedure documents, and presentations to supervisory, inter-departmental staff, or governing bodies; reads, interprets, analyzes, and explains a wide variety of technical documents, studies, and practices related to traffic, noise, plant and animal resources, archaeological resources, paleontological resources, cultural resources, geotechnics, water quality, air quality, and legislation that may impact the City’s planning projects. • Manages and oversees the work of professional and technical consultants to ensure adherence to City standards and legal provisions; ensures that deliverables are submitted on time and budget and that progress and payment requests are consistent with City policy and contract provisions.
• Prepares grant proposals for long-term planning projects from a variety of outside agencies and organizations.
• Conducts plan check of building permit-level plan submittals associated with complex projects to verify compliance with project approvals and zoning requirements; conducts over-the-counter plan check of less complex development proposals and land uses; approves minor development plans.
• Coordinates project reviews by other City departments and outside agencies and consultants.
• Evaluates the conclusions of initial studies, mitigated negative declarations, environmental impact reports, and uses the evaluation to formulate a recommendation on projects; monitors project compliance with environmental document mitigation measures and conditions of approval.
• Performs specialized planning functions such as environmental review. • Conducts and supervises planning studies in the community; gathers data for implementing or evaluating current and advance planning projects; makes recommendations.
• Makes recommendations for amendments and updates to the Municipal Code as necessary and appropriate; participates in and makes recommendations regarding policy development and implementation; observes, identifies, and responds to policy and procedure-related questions and concerns; communicates observed deficiencies to management and formulates alternatives for resolution; participates in creating new policies and procedures.
• Represents the City and presents oral reports at public meetings and hearings as necessary.
• Provides staff support to a variety of boards and commissions including the Planning Commission, Environmental Quality Control Board, and Historic Preservation Committee; attends and participates in professional groups and committees; provides technical and professional support to departmental management staff and other City departments and the public; advises other departments regarding planning and/or environmental review requirements, budgets, and timelines to facilitate adequate project planning. • Performs other duties as assigned.
QUALIFICATIONS:
Knowledge of:
• Administrative principles and practices, including goal setting, program development, implementation, and evaluation, project management, and supervision of staff. • Modern principles, practices, and technical and legal issues of urban and regional planning, zoning, urban economics, demographics, and environmental planning and program management.
• Geographic, socio-economic, transportation, political, environmental, and other elements related to city planning.
• Comprehensive plans and current planning processes and the development process. • Site planning and architectural design principles.
• General concepts of architecture, landscaping, grading, drainage, traffic, and transportation engineering as they relate to the process of urban planning. • Operational characteristics, services, and activities of a comprehensive environmental planning program.
• Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. • Project management and contract administration principles and techniques. • Basic principles and practices of budget administration. • Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. • Research and reporting methods, techniques, and procedures. • Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
• Modern office practices, methods, and computer equipment and applications, including computer hardware and software necessary for graphic presentation, mapping, and database management.
• Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Principles of advanced mathematics and their application to planning work. • Methods and techniques of effective technical report preparation and presentation. • English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational and regulatory organizations, and with property owners, developers, contractors, and the public. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
Ability to:
• Recommend and implement goals, objectives, and practices for providing effective and efficient services.
• Plan, organize, schedule, assign, review, and evaluate the work of and train staff. • Interpret and explain planning and zoning programs to the general public; identify and respond to issues and concerns of the public, City Council, and other boards and commissions.
• Read plans and specifications and make effective site visits. • Assess, monitor, and report environmental impact on and of various City programs and services.
• Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
• Conduct complex research projects, evaluate alternatives, and make sound recommendations.
• Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures, and City planning policies and procedures.
• Read and understand technical drawings and specifications. • Perform mathematical and planning computations with precision. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and individuals.
• Coordinate assigned activities with other City departments and agencies as required. • Direct the work of contract consultants.
• Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
• Establish and maintain a variety of filing, record-keeping, and tracking systems. • Make sound, independent decisions within established policy and procedural guidelines. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Operate office equipment including computer applications related to the work. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
EDUCATION AND EXPERIENCE:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration, or a related field.
• Minimum of seven (7) years of increasingly responsible professional experience in planning, zoning and related community development activities.
LICENSES AND CERTIFICATIONS:
• Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
PHYSICAL DEMANDS:
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.
Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
ENVIRONMENTAL ELEMENTS:
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Municipality Comparable Match MIN MAX
City of Buena Park Assistant Planner $5,167 $6,549
City of Costa Mesa Assistant Planner $4,541 $6,085
City of Cypress Assistant Planner $5,835 $7,094
City of El Segundo Assistant Planner $5,960 $7,244
City of Fountain Valley Assistant Planner $5,698 $6,926 City of Hermosa Beach Assistant Planner $5,729 $6,964
City of Huntington Beach Assistant Planner $5,968 $7,393 City of Laguna Beach Assistant Planner $5,796 $8,153
City of Manhattan Beach Assistant Planner $6,125 $7,817 City of Newport Beach Planner, Assistant $5,642 $7,946
City of Redondo Beach Assistant Planner $5,582 $7,212
City of San Clemente Assistant Planner $5,984 $7,274
CITY OF SEAL BEACH Assistant Planner $7,448 $9,053
Labor Market Mean $5,806 $7,221
Market Variance from Seal Beach 28.29% 25.36%
Seal Beach Ranking 1 1
Number of Comparators 13 13
High $7,448 $9,053
Median $5,796 $7,244
Low $4,541 $6,085
Notes:
* An total of (12) municipalites were surveyed for this study. Listed in Alpha-Order. * A total of (12) comparable matches were identified for the Assistant Planner classification. * Labor market mean data consisted of (12) comparator matches. Excluding the City of Seal Beach. * Labor market median & ranking data consisted of (13) comparator matches. Including the City of Seal Beach.
ASSISTANT PLANNER
Base Salary Compensation Study
Data Effective as of 8/2021
Municipality Comparable Match MIN MAX
City of Buena Park Associate Planner $6,110 $7,745
City of Costa Mesa Associate Planner $5,325 $7,137
City of Cypress Associate Planner $6,717 $8,161
City of El Segundo Not Comparalbe (Do Not Have) N/C N/C City of Fountain Valley Not Comparalbe (Do Not Have) N/C N/C City of Hermosa Beach Associate Planner $6,873 $8,355
City of Huntington Beach Associate Planner $7,107 $8,804 City of Laguna Beach Associate Planner $6,368 $8,963
City of Manhattan Beach Associate Planner $7,093 $9,052 City of Newport Beach Planner, Associate $6,219 $8,750
City of Redondo Beach Associate Planner $6,439 $8,316
City of San Clemente Associate Planner $6,759 $8,215
Labor Market Mean $6,501 $8,350
Number of Comparators 10 10
High $7,107 $9,052
Median $6,578 $8,336
Low $5,325 $7,137
Notes:
* The City of Seal Beach currently does not have Associate Planner classificationin in the planning job series. * An total of (10) municipalites were surveyed for this study. Listed in Alpha-Order. * A total of (10) comparable matches were identified for the Associate Planner classification. * Labor market mean data consisted of (10) comparator matches. * Labor market median data consisted of (10) comparator matches.
ASSOCIATE PLANNER
Base Salary Compensation Study
Data Effective as of 8/2021
Municipality Comparable Match MIN MAX
City of Buena Park Senior Planner $6,718 $8,533
City of Costa Mesa Senior Planner $6,246 $8,370
City of Cypress Not Comparable (Do Not Have) N/C N/C
City of El Segundo Not Comparable (Principal Planner) N/C N/C City of Fountain Valley Senior Planner $8,143 $9,898
City of Hermosa Beach Not Comparable (Do Not Have) N/C N/C City of Huntington Beach Senior Planner $8,292 $10,272
City of Laguna Beach Senior Planner $7,006 $9,861
City of Manhattan Beach Senior Planner $8,568 $11,241
City of Newport Beach Planner, Senior $7,481 $10,517
City of Redondo Beach Senior Planner $6,734 $8,702
City of San Clemente Senior Planner $7,824 $9,511
CITY OF SEAL BEACH Senior Planner $9,074 $11,030
Labor Market Mean $7,446 $9,656
Market Variance from Seal Beach 21.87% 14.23%
Seal Beal Ranking 1 2
Number of Comparators 9 9
High $9,074 $9,880
Median $7,653 $9,880
Low $6,246 $8,370
Notes:
* An total of (9) municipalites were surveyed for this study. Listed in Alpha-Order. * A total of (9) comparable matches were identified for the Senior Planner classification. * Labor market mean data consisted of (9) comparator matches. Excluding the City of Seal Beach. * Labor market median & ranking data consisted of (10) comparator matches. Including the City of Seal Beach.
SENIOR PLANNER
Base Salary Compensation Study
Data Effective as of 8/2021
Municipality Comparable Match MIN MAX
City of Buena Park Planning Manager $8,334 $10,092
City of Costa Mesa Principal Planner $7,006 $9,388
City of Cypress City Planner (Not Comparable) N/C N/C
City of El Segundo Planning Manager $11,236 $13,484
City of Fountain Valley Planner $9,143 $11,277
City of Hermosa Beach Planning Manager $8,696 $10,570
City of Huntington Beach Planning Manager $9,632 $11,932 City of Laguna Beach Principal Planner $7,544 $10,614
City of Manhattan Beach Planning Manager $10,471 $13,739 City of Newport Beach Planning Manager $10,553 $12,827
City of Redondo Beach Planning Manager $7,582 $9,844
City of San Clemente Principal Planner $9,284 $11,284
CITY OF SEAL BEACH Senior Planner $9,074 $11,030
Labor Market Mean $9,044 $11,368
Market Variance from Seal Beach 0.33% -2.98%
Seal Beach Ranking 7 7
Number of Comparators 11 11
High $11,236 $13,739
Median $9,109 $11,154
Low $7,006 $9,388
Notes:
* An total of (12) municipalites were surveyed for this study. Listed in Alpha-Order. * A total of (11) comparable matches were identified for a prospective Planning Manager classifiation. * Labor market mean data consisted of (11) comparator matches. Excluding the City of Seal Beach. * Labor market median & ranking data consisted of (12) comparator matches. Including the City of Seal Beach.
PLANNING MANAGER
Base Salary Compensation Study
Data Effective as of 8/2021
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2
3 4
5 6
7 8 Community Services Officer $4,545.12 $4,772.38 $5,011.00 $5,261.55 $5,524.63 8 Maintenance Worker $4,545.12 $4,772.38 $5,011.00 $5,261.55 $5,524.63 8 Recreation Specialist $4,545.12 $4,772.38 $5,011.00 $5,261.55 $5,524.63 9 Accounting Technician $4,658.75 $4,891.69 $5,136.28 $5,393.09 $5,662.75 10 11 Senior Building Technician $4,894.60 $5,139.33 $5,396.30 $5,666.12 $5,949.42 12 Mechanic $5,016.97 $5,267.82 $5,531.21 $5,807.77 $6,098.16 12 Senior Community Services Officer $5,016.97 $5,267.82 $5,531.21 $5,807.77 $6,098.16 12 Senior Maintenance Worker $5,016.97 $5,267.82 $5,531.21 $5,807.77 $6,098.16 12 Water Operator $5,016.97 $5,267.82 $5,531.21 $5,807.77 $6,098.16 13 Executive Assistant $5,142.39 $5,399.51 $5,669.49 $5,952.96 $6,250.61 13 Senior Accounting Technician $5,142.39 $5,399.51 $5,669.49 $5,952.96 $6,250.61 14 Community Services Coordinator $5,270.95 $5,534.50 $5,811.22 $6,101.79 $6,406.88 15 Code Enforcement Officer $5,402.72 $5,672.86 $5,956.50 $6,254.33 $6,567.04 15 Police Recruit $5,402.72 $5,672.86 $5,956.50 $6,254.33 $6,567.04 16 Senior Water Operator $5,537.79 $5,814.68 $6,105.42 $6,410.69 $6,731.22 17 18 Deputy City Clerk $5,818.15 $6,109.05 $6,414.50 $6,735.23 $7,071.99 18 Lead Community Services Officer $5,818.15 $6,109.05 $6,414.50 $6,735.23 $7,071.99 18 Police Civilian Investigator $5,818.15 $6,109.05 $6,414.50 $6,735.23 $7,071.99 19 Building Inspector $5,963.60 $6,261.78 $6,574.87 $6,903.61 $7,248.79 19 Electrician $5,963.60 $6,261.78 $6,574.87 $6,903.61 $7,248.79 20 Fleet Maintenance Program Manager $6,112.69 $6,418.32 $6,739.24 $7,076.20 $7,430.01 21 22
23 Marine Safety Officer $6,666.02 $6,999.32 $7,349.29 $7,716.75 $8,102.59 24 Assistant Planner $6,770.61 $7,109.14 $7,464.60 $7,837.83 $8,229.72 25 Accountant $6,915.95 $7,261.74 $7,624.83 $8,006.07 $8,406.38 25 Maintenance Services Supervisor $6,915.95 $7,261.74 $7,624.83 $8,006.07 $8,406.38 25 Water Services Supervisor $6,915.95 $7,261.74 $7,624.83 $8,006.07 $8,406.38 26 Management Analyst $7,088.84 $7,443.29 $7,815.45 $8,206.22 $8,616.54 26 Financial Analyst $7,088.84 $7,443.29 $7,815.45 $8,206.22 $8,616.54 27 Police Officer $8,258.29 $8,671.21 $9,104.77 $9,560.01 $10,038.01 28 Assistant Engineer $7,447.72 $7,820.10 $8,211.11 $8,621.66 $9,052.75 28 Assistant Planner $7,447.72 $7,820.10 $8,211.11 $8,621.66 $9,052.75 28 Associate Planner $7,447.72 $7,820.10 $8,211.11 $8,621.66 $9,052.75 28 Police Records Supervisor $7,404.58 $7,774.81 $8,163.55 $8,571.73 $9,000.32 29 29 Police Corporal $8,676.37 $9,110.19 $9,565.70 $10,043.98 $10,546.18 30 Senior Planner $8,192.50 $8,602.12 $9,032.23 $9,483.84 $9,958.03 31 Marine Safety Lieutenant $8,121.90 $8,528.00 $8,954.40 $9,402.12 $9,872.22 32 33
34 35
36 Administrative Manager $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 36 Associate Engineer $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 36 Finance Manager $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 36 Recreation Manager $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 36 Senior Planner $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 36 Planning Manager $9,074.32 $9,528.04 $10,004.44 $10,504.66 $11,029.89 37 Police Sergeant $10,571.31 $11,099.88 $11,654.87 $12,237.61 $12,849.50 37A Police Lieutenant $10,835.59 $11,377.37 $11,946.24 $12,543.56 $13,170.73 38 Building Official $9,533.71 $10,010.40 $10,510.92 $11,036.46 $11,588.29 38 City Clerk $9,357.70 $9,825.58 $10,316.86 $10,832.70 $11,374.33 39 Marine Safety Chief $9,591.63 $10,071.21 $10,574.77 $11,103.51 $11,658.69 39 Deputy Director of Public Works/Maintenance and Utilities$9,772.05 $10,260.65 $10,574.77 $11,103.51 $11,658.69 40 41
42 43
44 Police Captain $12,565.97 $13,194.27 $13,853.98 $14,546.68 $15,274.01 45 46
47 Deputy Director of Public Works/City Engineer $11,906.30 $12,501.61 $13,126.69 $13,783.02 $14,472.17 48 49
50 51 Director of Finance/City Treasurer $12,899.68 $13,544.67 $14,221.89 $14,932.99 $15,679.64 52 Director of Community Development $12,899.68 $13,544.67 $14,221.89 $14,932.99 $15,679.64 52 53
54 55 Director of Public Works $14,238.83 $14,950.77 $15,698.31 $16,483.23 $17,307.39 56 57 Assistant City Manager $14,753.13 $15,490.78 $16,265.32 $17,078.59 $17,932.52 58 59 Chief of Police $15,717.00 $16,502.86 $17,328.00 $18,194.40 $19,104.12 60 61
62 63
64 65 City Manager $251,820.01 Flat Rate
With Proposed Modifications
Regular Employees Pay Struture
City of Seal Beach
Agenda Item E
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Amendment No. 1 to Professional Services Agreement with Parkeon, Inc. for Replacement of IPS Single Space Parking Meters with Flowbird Pay Stations and the Upgrade of the Beach Lot Pay Stations
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7281:
1. Approving Amendment No. 1 to the Professional Services Agreement with Parkeon, Inc. for (a) replacing the IPS single space parking meters with one Flowbird pay station, technology and services at each of the three beach parking lots located in the Main Street/Old Town Area for the not-to-exceed amount of $31,300, and (b) to upgrade the touchscreens for the six Strada pay stations at the beach parking lots for the not-to-exceed amount of $22,500, for the revised total contract not-to-exceed amount of $99,115; and,
2. Authoring and directing the City Manager to execute Amendment No. 1.
BACKGROUND AND ANALYSIS:
The City of Seal Beach currently has a total of three (3) metered parking lots located in the Main Street/Old Town area, and these lots have a total of seventyfour (74) single space parking meters. Due to unforeseen circumstances, the locking devices for these meters have been compromised, resulting in the need to replace the locking devices to secure the funds located within each meter.
As a result, staff secured bids to replace the locks for the single space meters, at a cost of $13,200.08. The estimated annual operating cost is $9,800.95.
While looking to resolve the issue, City staff enlisted the assistance of our parking consultant, Dixon Resources, who was able to provide an alternative and longterm cost saving proposal from Parkeon, Inc. This proposal recommends the use
of Flowbird Pay Stations in each meter lot. The cost of the pay stations is $31,300, with an estimated operating cost of $2,160. The projected annual cost is as follows:
Total Estimated Equipment and Operating Cost - Year 1
IPS Flowbird
$23,001.03 $33,460
Total Estimated Equipment and Operating Cost - Years 1-2 IPS Flowbird
$32,801.98 $35,620
Total Estimated Equipment and Operating Cost - Years 1,2,3 IPS Flowbird
$42,602.93 $37,780
Total Estimated Equipment and Operating Cost - Years 1,2,3,4 IPS Flowbird
$52,403.88 $39,940
Total Estimated Equipment and Operating Cost - Years 1,2,3,4,5 IPS Flowbird
$62,204.83 $42,100
This is a projected long-term savings of $20,104.83, as a result of moving from the single space meters to pay stations. Additionally, visitors/guests will still have the option to use mobile payment, as posted in each lot, via the passport application.
The Flowbird pay stations utilize a two-way wireless connection that allows for realtime communication on transactions, alerts, and alarms to the back-office parking management system. Staff will be able to utilize an alarm system to monitor access to each pay station, which is not an option with single space meters.
Additionally, staff is also recommending that the six (6) Strada Pay Stations at the beach parking lots receive updated touch screens. The total cost for this upgrade would be $3,750 for each station, totaling $22,500.
The City currently has a professional services agreement with Parkeon, Inc. for parking payment machines, technologies and services for operation of the pay meters and pay stations. The technology solutions provided by the Flowbird pay stations will create a unified solution, which will streamline operations, enhance the customer experience, and reduce the equipment footprint. Due to the uniformity of technology and services, Amendment No. 1 to the Agreement with Parkeon, Inc. is exempt from competitive bidding requirements pursuant to Seal Beach Municipal Code Section Municipal Code (SBMC) Section 3.20.025(B), and under the professional services exemption of SBMC Section 3.20.025(C).
ENVIRONMENTAL IMPACT:
The proposed Amendment is exempt from the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Sections 15301 and/or 15305, because it provides services to replace existing services and will not cause any change or adverse impact on the environment; and because pursuant to CEQA Guidelines Section 15061(b)(3) it can be seen with certainty that there is no possibility that the services will have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The total cost for this project, which was provided by Dixon Resources from Parkeon Inc.:
- Four (4) Flowbird Pay Stations $31,300
- Six (6) Updated Strada Touch Screen upgrades $22,500
Totaling: $53,800
There is sufficient funding in the current fiscal year budget for this expense, account 101-210-0025-51280.
The existing Agreement with Parkeon was for $45,315. Amendment No. 1 will result in the total compensation to increase by $53,800, for a new total not-toexceed amount of $99,115.
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.
RECOMMENDATION:
That the City Council adopt Resolution 7281:
1. Approving Amendment No. 1 to the Professional Services Agreement with Parkeon, Inc. for (a) replacing the IPS single space parking meters with one Flowbird pay station, technology and services at each of the three beach parking lots located in the Main Street/Old Town Area for
the not-to-exceed amount of $31,300, and (b) to upgrade the touchscreens for the six Strada pay stations at the beach parking lots for the not-to-exceed amount of $22,500, for the revised total contract not-to-exceed amount of $99,115; and,
2. Authoring and directing the City Manager to execute Amendment No. 1.
SUBMITTED BY: NOTED AND APPROVED:
Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Captain Michael Henderson
ATTACHMENTS:
A. Resolution 7281
B. Professional Services Agreement with Parkeon Inc.
C. Amendment No. 1 to Professional Services Agreement with Parkeon Inc. and Proposal from Parkeon, Inc.
D. IPS / Flowbird Cost Comparison
RESOLUTION 7281
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE REMOVAL OF SINGLE SPACE PARKING METERS FOR THE
INSTALATION OF PAY STATIONS IN THE METER LOTS
WHEREAS, the City of Seal Beach (“City”) previously entered into a professional services agreement with Parkeon, Inc., (“Consultant”) for parking payment machines, technologies and services for operation of pay meters and pay stations at parking lots in the City for the total not-to-exceed cost of $45,315 (the “Agreement”); and
WHEREAS, pursuant to the Seal Beach City Charter, and Seal Beach Municipal Code (“SBMC”) Chapter 3.20 establish a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and
WHEREAS, SBMC Section 3.20.025(B) provides for an exemption from competitive bidding requirements for purchases of a commodity that can be obtained only from one vendor; and SBMC Section 3.20.0265(C) provides an exemption from competitive bidding for purchases of professional services; and WHEREAS, the need has arisen for the City to replace the single parking meters in the four parking lots located in the Main Street/Old Town Area and to upgrade the touch screens on the existing Strada pay stations at the beach parking lots, due to outdated equipment and technology; and
WHEREAS, City and Consultant wish to amend the Agreement by Amendment No. 1 for Consultant to replace the existing single parking meters in the four parking lots located in the Main Street/Old Town Area with four Flowbird pay stations at a not-to-exceed cost of $31,300; and to upgrade the six touch screens on the existing Strada pay stations at the beach parking lots for the notto-exceed cost of $22,500; and WHEREAS, the Flowbird pay stations are similar to those found in the beach lots, the yearly cost for the single space parking meters is higher than that of the pay stations, there is less maintenance needed for the pay stations, and the tracking of parking and payments is more conducive for city staff; and WHEREAS, replacing the existing single space parking meters with Flowbird pay stations at the four parking lots located in the Main Street/Old Town Area and upgrading the touch screens of the existing Strada pay stations will allow the City to have multiply pay stations for the municipal meter parking lots, rather than a single space parking meter, with uniformity of technology and services.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 1 to the Professional Services Agreement with Parkeon, Inc., as set forth in Exhibit “A”, attached hereto by this reference as though set forth in full, (a) to replace the IPS single space parking meters with one Flowbird pay station, technology and services at each of the four parking lots located in the Main Street/Old Town Area for the not-toexceed amount of $31,300, and (b) to upgrade the six Strada pay stations at the three beach parking lots for the not-to-exceed amount of $22,500, for a revised total contract not-to-exceed amount of $99,115.
Section 2. The City Council hereby directs the City Manager to execute Amendment No. 1 on behalf of the City.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd 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
APPROVED AS TO FORM:
___________________________
Craig A. Steele, City Attorney
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 7281 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022.
Gloria D. Harper, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
9 Parkeon Inc.
40 Twosome Drive, Suite 7
Moorestown, NJ 08057
856. 234. 8000
This Professional Service Agreement ( "the Agreement ") is made as of February 12, 2018 ( the " Effective Date "), by and between Parkeon Inc. ( " Consultant'), a corporation and the City of Seal Beach ( " City "), a California charter city, ( collectively, " the Parties ").
S7296- 0001 \ 2153208v1. 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, Parkeon' s proposal to the Invitation to Bid - City of Seal Beach, 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 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
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of _ 5_ years unless previously terminated as provided by this Agreement.
3. 0 Consultant' s Compensation
City will pay Consultant in accordance with the rates shown on the fee schedule set forth below but in no event will the City pay more than $ 45,315. This is exclusive of the ongoing, monthly fees. Any additional work authorized by the 2of11
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City pursuant to Section 1. 4 will be compensated in accordance with the fee schedule set forth in Exhibit —A—.
The City agrees to pay Consultant the following per desired Pay Stations features and Models:
3% of the transaction value + 15 cents per transaction for consultant holding the merchant account of record as described in 4. 1 below. 5895: Strada Rapide, accepting coins, cards, M1000 with contactless payment
6975: StradaPAL Rapide: accepting coins, card, M100 with contactles:
1700 added to base price of $5895 for BNA
528 added to base price of $5895 for contactless
5405 base price for cashless model
Note PAL = 7" full color screen adds $ 1, 080 to BNA and cashless Prices set forth in the Pricing Schedule exhibit A and in this agreement are exclusive of sales, use and other taxes. If client claims exemption from Federal Excise, State and Local Taxes, it must provide tax exemption certificates to the Contractor.
Risk of loss of any goods hereunder shall not pass to the Client until the Client actually accepts and takes possession of the goods at the point or points of delivery. Title shall pass upon payment in full for goods.
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 undisputed amounts of Consultant' s invoice 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. In case Parkeon is Merchant of Record, Parkeon will send the City a check for collected revenues by the 15t' day of the following month. The amount will be calculated based on the revenue as reported in the my Parkfolio back office net of 3% transaction costs and the agreed fee of 15 cents per transaction.
4. 3. Upon 48 -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 3of11
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records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 3 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 less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 30 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. Lauri Keller 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:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Parkeon
40 Twosome Drive Suite 7
Moorestown NJ 08057
Attn: Ron Kroes
Chief Financial Officer
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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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.
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 5of11
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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.
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 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. 6of11
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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 " Indemnitees ") 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 Indemnitees, 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, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.
With the exception of third party claims, neither party shall be liable to the other party for consequential ( which shall be deemed to include but not be limited to lost parking revenue), incidental, exemplary or special damages of any nature and under any legal theory. Contractor' s total liability to Client in connection with or as arising under this Agreement shall be limited to 25% of the total price set forth in the Pricing Schedule. This paragraph shall survive termination of this Agreement.
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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, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
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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.
22. 0 Exhibits
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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
LA
Attest:
M
Ingram, City
n L. Roberts, Ci
Approved as to Form:
By:
rai A. Steele, City Attorney
CONSULT T
By:
Nam6- Ron Kroes
N
Its:
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2- / 20/ 2A
Chief Financial Officer
i
EXHIBIT A: SEE EXHIBIT A: PARKEON PROPOSAL
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PARKE ®n
Solutions for Smart Cities
Price Proposal
Oate: 11/ 13/ 17
Client: Cityof Seal Beach, CA
Project; Paid Parking Technology
Contact: Lauri Keller, Vice: President of Sales - West Coast, 619 - 994 -6232, Ikeller @parkeon. com Multi - 5 ace' Meters and Associate& Back- Office: l' - Price comments
Stiada Pay Station $ 5, 895 / unit
includes:
Custom configuration ( Pay by Plate, Pay & Display,
or Pay by Space)
Solar or AC Power
4G cellular modem
Monochrome display 7" full Color Display option add: 51, 080 / meter Capacitive keyboard
EMV Certified Card Reader [. mastless antenna option add: $ 528 / meter Motorized Coin Selector with coin escrow
Graphical Printer
Electronic collection vault lock
Mechanical maintenance door lock
One Cain Canister Additional coin canister: $265 per canister Additional coin canisters will be needed for proper collection rotation One Year Warranty Extended warranty: $ 325 per metes per year Shipping
Installation
Training
Parkeon Back -Office Management Suite 45 /meter / month Includes:
Price Comments
Access to Smartfolio and Analytics
Omsite Maintenance 135 / hour plus travel & expense
Reporting of all financial and maintenance
Annual Preventive Maintenance
information
maintenance alarms alerts sent to cell phones
Credit card gateway Additional fees apply for EMV chip card processing ($ 2 / meter /month for Elavan; $ 4 /meter /month for other processors)
Wireless communication fee,
Comments
Access t0 rate editor to modify / download rate`
30 / sign Recommendation is 2 per meter
Optional Back -Office Features
24" x18 Hand with coin sign 50 / sign
Validation Codes System 5 / meter / month
10' sign post
City News Feature 3 / meter /month
Citation Payment At the Meter 5 / meter / m04 May reauhCmtegration with vour, citaton twerm, ement provider On- vte3ervices,( 0pUOnal)_ , u . -'' —
Price Comments
Omsite Maintenance 135 / hour plus travel & expense
Annual Preventive Maintenance 175 / meter plus travel & expense Price Comments
12" X18" Pay Here sign 30 / sign Recommendation is 2 per meter 24" x18 Hand with coin sign 50 / sign Recommendation is3' per meter 10' sign post 60 /post Recommendation is 3 per meter
Installation of signage & posts 150 /post
Pricing Proposal Page 2 of 3
pAaKEOn
Solutions for Smart Cities
Recommended Spare Parts & Supplies
Reference Description
Recommended
Quantity
Based on 6 Pay
Stations List Price
Discounted Price if
purchased at time
of meter
procurement
ELP1000009195 Main Board - NEOPS 1 1, 877 1, 502
ELP1000013194 Monochrome Display Screen 1 619 495
ELM7000019017 Upper front fitted with enhanced keyboard 1 541 433 400770311 4A Slow Blow Fuse ( Pack of 10) 1 11 9
ELM1000008737 Thermal Printer 1 950 760
126094 Programmed Coin Selector (.05, . 10.. 25, 1. 00) 1 948 758 ELM1000001431 NEOPS Datapack 1 125 100
ELP1000024095 M 1000 Card Reader 1 1, 800 1, 440
CAR1000025154 4G Modem 1 950 760
CAT1000018056 Modem Antenna 1 74 59
404001714 Relay board 1 83 66
125277 Escrow 1 256 205
143430 Equipped Rack 1 846 677
148117 Reinforced Display Glass and Gasket 1 47 38
148107 Tanfi Glass and Gasket 1 34 27
ELM1000010471 Electronic Lock Kit 1 1, 258 1, 006
404002394 Solar Charger Board 1 139 111
ELM1000016807 Integrated Solar Module ( 5 Watts) 1 668 534 ELP1000017093 Interface Board ( Connector Board) 1 137 110 404402613 Cable for Solar Power Supply 1 49 39
Reference Color Screen Units Only
Recommended
Quantity
Based on 6 Pay
Stations Unit Price
Discounted Price if
purchased at time
of meter
procurement
MEC1000018070 Upper front fitted with enhanced keyboard ( for 7" display) 1 530 424 MEC1000019038 7" screen module guard glass 1 97 78
ELM1000019264 7" color screen module 1 1, 032 826
CAR1000018359 Three - channel charger board for extended solar power 1 139 111 ELM1000017902 Integrated Solar Module - 16. 5 Watts 1 1, 113 690 Reference Consumables
Recommended
Quantity
Based on 6 Pay
Stations 1 Unit Price
Discounted Price if
purchased at time
of meter
1 procurement
TICKETS / BLNK/ SNGL Standard ticket roll ( Qty 100 or more) 100 36 29 400600403 12V 27AH Rechargeable Battery 1 190 152
CAT1000018180
12V 42AH Rechargeable Battery ( only needed for color
screen units 1 297 238
CAT100003452 Kleeneo preventative maintenance cleaning kit 6 66 53 Pricing Proposal Page 3 of 3
1 PAQKeon
City of Seal Beach
PARKEON Services and
Level II Support Agreement
Revision History
04 02/ 25/ 2014 L. DEPERROIS Additional services
Reference document
Proposal for Invitation to Bid
City of Seat
Beach
INVITATION
TO BID
PAID
PARKING
PARKEON INC., e0 TWOSOME Mfl - UNIT 7, MOORESTOWN NJ 08057 USA PARKEON monetary AM wn50eMW Coeement PARKEON wmten.... I nevare, PM, to eleeee of any pee hereof
TABLE OF CONTENTS
1. PARTIES TO AGREEMENT 1 PERIOD OF PERFORMANCE 4
2. SCOPE OF SERVICES TO BE PERFORMED BY PARKEON 5
3. PAYMENT TERMS
6 4. GENERAL TERMS AND CONDITIONS 7
4. 1. PARKEON DELIVERY OF SERVICES UNDER AGREEMENT 7
4.2. CUSTOMER PARTICIPATION
4.3. ADDITIONAL WORK
7 6
4.4. FEES- INVOICING AND PAYMENT OBLIGATIONS 9
4.5. TERMINATION
10 4.6. INTELLECTUAL PROPERTY 11
4.7. PROPRIETARY AND CONFIDENTIAL INFORMATION 12
4.8. LIABILITY AND WARRANTY
13 4. 9. EXTENSION OF TIME FOR FORCE MAJEURE 15
4. 10. GOVERNING LAW AND JURISDICTION 15
4. 11. CONTRACT DOCUMENTS 15 4. 12. NOTICES
16 4. 13. GENERAL
17 PARKEON INC., 40 TMSOME DRIVE - UNIT 7, MOORESTOWN NJ 00057 USA PARKEONgoNMM. N. Mda. Wd. umeIII PARKEONwn"¢. . nS. I. q.,. PnollOmleaS Olany Na hemol
1. PARTIES TO AGREEMENT / PERIOD OF PERFORMANCE
1. 1 This Agreement, dated as of [February 12, 2018], is made by and between PARKEON Inc. ( 'Parkeon') a corporation organized and existing under the laws of the State of Delaware, having an office at 40 Twosome Drive, Suite 7, Moorestown, NJ 08057, USA and [ Parkeon] (' City of Seal Beach" or' Customer').
Individually referred to as the ' Party', collectively to as the ' Parties".)
1. 2
Parkeon is to provide the services listed below to the Customer upon the terms and conditions stated herein commencing [ February 12, 20181 for an initial period of twelve ( 12) months (the "Initial Period'). At the end of the Initial Period, the Agreement shall be automatically renewed for the following twelve ( 12) month period ( the ' Automatic Renewal Period') upon the same terms and conditions unless ( i) one Party gives written notice of non - renewal to the other party or (ii) Parkeon advises Customer of a price increase, at least sixty ( 60) calendar days prior to the antl of the Initial Period.
1. 3
After the Initial Period of the agreement, each Renewal Period may be subject to a cost increase. Fees will be increased proportionate to the current CPI and market costs for communications on the renewal date of this Agreement.
1. 4
Failure of the Parties to agree to new pricing within sixty ( 60) calendar days prior to the end of the Initial Period and/ or any subsequent Renewal Period will entitle Parkeon to terminate the Agreement.
PI3IKEO INC., 40T 80MEDRIVE - UNIT 7, M00R STOWNNJ08057, USA PARKEONM gaMwnWenlialdmumeM. PARKEON MMIenwnaera noueW Inorlo release of any pan hereof PARKEON INC., 40 TWOSOME DRIVE UNIT J. MOORESTOWN NJ 00057 USA PARKEONprepdelaryaMtenfidemial d. inoem PARKEON wnlan Wnsem mqui, 4 pror to please of any pan hereof i
The following services (the ' Services") will be provided by Parkeon under this Agreement.
SERVICE LIST PRICE
xf-] [ Pay- By- Platel Work Spaces
Adion required
Terminal OW- W -Order
COrlmuniCahone Problems
Maintenance Pedomnm
Conwmables
Cash Colledions
Cash- In- Temlinals
Parking Aunmy
Ticket Sales Analysis
Transactions by Payment 5 StradaPAL Rapids Models
Pay -By -Space 45 per 1 StradaPAL BNA Models
machine per Type of machine]
Enfimament web site
month Number of units: 16]
ErlfOroament
Standard Work Spaces
Transadans Conbd Maintenance COIMdions
Customer Telephone Support
x Software Customization
TaMf Editor F
0 All machines
Downloadm 18 per machine Number of units: 6
PARKEON INC., 40 TWOSOME DRIVE UNIT J. MOORESTOWN NJ 00057 USA PARKEONprepdelaryaMtenfidemial d. inoem PARKEON wnlan Wnsem mqui, 4 pror to please of any pan hereof i
D BASED SERVICES — none apply LIST PRICE
PER MONTH TERMINALS
Validation codes
per machine
Number of units:
Extend by Text
per machine Number of units:
CBORD
per machine
Number of units:
CITY NEWS
per machine
Number of units:
Whoosh
Refertot Qs&wwOyCu>Xam&) per transaction Number of units:
0 [Monthly, billing
0 30 Day Payment Terms from receipt Of inwice
45/ meter /mo.
PMKEON INC., 40 TYgeOME Mil - UNIT T MOOREeTOM NJ Oe57. USA PMKEON gpdMary nd wn0enal - M PMEON wM n mnseM " Wre0 Mcir to - W. . 1 airy pen ha - M
4. GENERAL TERMS AND CONDITIONS
4. 1. PARKEON DELIVERY OF SERVICES UNDER AGREEMENT
4. 1. 1 Parkeon will provide Level II Remote Technical Support when Customer consistent with Level I training and diagnosis/ Service materials is not able to adequately service the Multi -space meters,
4. 1. 2 Parkeon will provide the Services with care and skill consistent with applicable industry standards.
4. 1. 3 Parkeon will maintain a properly staffed Level 11 Remote Call-in Service operation to assist Customer with the full range of diagnostics and repairs activities. Support will be available during Parkeon' s regular business hours (Monday- Friday 8:00am /8:00pm EST) excluding holidays.
4.1. 4 Parkeon will maintain a log of all Service incidents which will document the service problem, and relevant hardware / network environment as applicable and contact information. This log will be available to Customer upon reasonable request.
4.1. 6 Parkeon will take all technical and commercially reasonable measures to provide a resolution within four (4) business hours of receipt of Customer' s request for assistance.
4. 1. 6 Parkeon will escalate back office support requests to Level III if, within four (4) business hours, a resolution is not implemented.
4. 1. 7 Parkeon will convene regular Service review meetings with Customer to review Service history.
4. 1. 8 Parkeon will guard and maintain the Confidentiality of all, logins, passwords and personal identification provided in Connection with the Services against unauthorized use of the Services.
4. 1. 9 Parkeon will be entitled to subcontract in part or whole performance of the Services to be provided under this Agreement with prior written consent of Customer, such written Consent not being unreasonably withheld.
4.2 CUSTOMER PARTICIPATION
4.2. 1 Customer is responsible for Level I Technical Service and maintenance for all machines as specified in Appendix C.
4.2.2 Prior to requesting Level II support services, Customer will have attempted to service the Multi -space meters, Consistent with Level I training and diagnosis/Service materials and encountered issues that it Cannot resolve.
4. 2.3 Customer will submit all requests into Parkeon' s Technical Support using the contact method speed in Appendix A and provide all necessary information to permit Parkeon to perform the required services.
Customer will update Parkeon in writing of any changes to such information ( especially any change of address) and be available to work with the Parkeon' s support resource assigned to the support request.
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4.2.4 Customer will maintain a local supply of spare parts sufficient to meet the desired repair timelines. The standard Return of Materials Authorization procedure is attached in Aooendix B.
4.2. 5 Customer will protect technical information and know -how from unnecessary disclosure, maintain the confidentiality of all logins, passwords and personal identification used in connection with the Services and generally safeguard such information to ensure that there is no unauthorized use of the Services 4L3. ADDITIONAL WORK
The following Services are not within the scope of this Agreement. Upon request, Parkeon will provide to Customer a technical and Cost proposal to provide related requested additional services (' Additional Work'). Prior to performance, Customer shall authorize in writing the scope of such Additional Work and Compensation payable to Parkeon for the full performance of the Additional Work.
4.3. 1 Evaluation or Procurement of new software or hardware.
4. 3.2 Evaluation or approval of new software or hardware for use by the Customer in Conjunction with Parkeon products or Services including Customer and third party systems.
4. 3.3 Deployment of a new software release at the machine.
4.3.4 Tariff or parameters changes.
4. 3.5 Additional training for Customer technicians with respect to basic maintenance, troubleshooting, repairs, component replacement and operations such as programming and inventory.
4. 3.6 Providing of a qualified technician, on mutual agreed upon date and duration to perform On -Site Level ll support or remedial maintenance. At least two ( 2) weeks advance notice is required to ensure that Level II on -site support. To insure Parkeon' s proposal properly addresses Customer' s needs, Parkeon requests that Customer identify at the time of the request the issues that need to be addressed during the on -site visit and have available the necessary spare parts and consumables needed to restore the Multi -space meter up to Parkeon specification.
4.3. 7 Assistance with Parkfolio back office or Multi -space meters usage when unsupported or non- standard hardware or software has resulted in unexpected behavior of otherwise reliable systems.
4. 3.8 Adaptive maintenance: Defined as activities relating to upgrades or conversions of Parkfolio back office application, the Multi -space meters or its associated operating environment, in which the Parkeon products are functioning.
4. 3.9 Modifications, updates or enhancements to original application required or desirable on account of changes in Customer' s organization or business needs ( such as a reorganization or change in the business practice) that may make the current specification obsolete..
4. 3. 10 Re- training of staff and any additional new hire training after initial training.
4. 3.11 Removal, reinstallation or relocation of the Multi -space meters.
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In consideration for receiving the Services and /or Additional Work, Customer shall pay to Parkeon the fees as set forth in the Article 2 Scope of Services above or agreed to pursuant to Article 4. 3 above, as follows:
4.4. 1 Parkeon will invoice the Customer as set forth in Article 3 above which invoice is due and payable within thirty ( 30) days of receipt.
4.4. 2 In the event that there is an increase in the number of units being provided under this Agreement, then a Service charge based on the monthly per machine charge in effect at the time of installation shall be added to Customers invoice.
4. 4.3 Absent prior notification to and approval of the Customer, the total amount payable to Parkeon under this Agreement for the Initial twelve ( 12) month Period of the Agreement, plus any subsequent Renewal Periods of twelve ( 12) months, shall not exceed ( 33,249" per twelve month period. This amount will be increased accordingly upon article 4. 4.2. This amount is excluding any applicable taxes relating to the base Service provided under the terms of this Agreement.
4. 4.4 To the extent that a disagreement arises in connection with the sum due and owing under the Agreement, Customer agrees to pay the undisputed amount of the invoice within the contractual deadline set forth in the
4.4. 1 above.
4.4. 5 If amounts due and owing Parkeon remain unpaid for sixty ( 60) calendar days from the due date, Parkeon shall be entitled to terminate the Agreement with immediate effect by serving written notice to the Customer.
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4.3. TERMINATION
4.5. 1 Termination for Non - Appropriation of Fund . This Agreement shall terminate without penalty at such time as appropriated funds are not available to satisfy the obligations of Customer hereunder. The failure of Customer to make an appropriation in any given year shall not be deemed a breach of this Agreement, nor give nse to any cause of action by Parkeon for legal or equitable relief. Customer shall provide Parkeon written notice sixty ( 60) calendar days prior to such non - appropriation termination and shall pay to Parkeon all sums due and owing under the Agreement as of the date the non - appropriation termination becomes effective.
4. 5. 2 Termination for Convenience. Notwithstanding any other provision of this Agreement, Customer may terminate this Agreement ( in whole or in pan) without cause sixty ( 60) days following delivery of a written Notice of Termination to Parkeon.
4. 5. 2. 1 Upon receipt of a Notice of Termination, and except as otherwise agreed between Parkeon and Customer, Parkeon shall immediately proceed with the following actions:
4.5.2. 1. 1 Stop work as specified in the Notice
4.5. 2. 1. 2 Place no further orders for materials, services, or facilities, except as necessary to complete any part of the Agreement not subject to termination.
4.5.2. 1. 3 Cancel all cancelable orders and terminate all subcontracts to the extent they relate to the Work terminated
4. 5. 2. 1. 4 Assign to Customer, and deliver to the work site, any non - cancelable orders for material and equipment that is not capable of use except in the performance of this Agreement.
4. 5.2. 1. 5 Take all reasonable measures to mitigate Customer' s liability under this section.
4. 5.2. 1. 6 Complete performance of non - terminated work
4. 5.2. 2
Upon termination of the Agreement without cause, Customer shall immediately pay Parkeon all amounts due and owing under the Agreement up to the date of termination, all non-cancelable costs for material and equipment that cannot be used other than in connection with this Agreement, and ten 10 %) percent of the difference between the Total Agreement Price and all payments due to Parkeon prior to termination of the Agreement.
4. 5.3 Other Termination Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may:
4.5. 3. 1 Terminate the Agreement in the event of a material breach of this Agreement which is not remedied within thirty ( 30) calendar days of notification to the other Party in writing to remedy such breach which notification will set forth in reasonable detail the nature of the alleged breach; PARKEON INC., 40 NgSpAE MIVE - UNIT T, MLbRESTOWN NJ 08057, USA PARKEON gophydaf and confidential dowmelll. PARKEON added .. t required prim In release of any part hereof
4. 5, 3. 2
Immediately upon ( i) appointment of a receiver or administrator over the other Party or its assets or if the other Party is subject to bankruptcy, liquidation or any analogous proceedings under laws of any competent jurisdiction or ( ii) the other Party suspends or ceases, or threatens to suspend or cease, to Perform all or a substantial part of its Work under this Agreement;
4. 5. 3. 3
Upon the occurrence of a Force Majeure event ( a circumstance not within the control of the Affected Party) but only If and to the extent that such circumstance despite the exercise of reasonable diligence cannot be prevented, avoided or substantially mitigated by the Party and such circumstance materially and adversely affects that Party' s ability to perform its obligations under this Agreement for an uninterrupted period of no less than three ( 3) months. In such event, the Affected Party shall promptly notified the Other Party of its intention to terminate the Agreement which termination shall have full force and effect three ( 3) business days after receipt of notice. Neither Party will be liable to the Other Party for damages.
4. 5. 4 Upon termination of the Agreement by Customer for any reason under 4. 5.3, Parkeon shall be paid any amounts owed under the Agreement up to the date of termination.
4. 5.5 Parkeon shall not by reason of the termination of this Agreement be liable to Customer or be subject to consequential, incidental, indirect or special damages or for costs associated with substituted performance.
0.6. INTELLECTUAL PROPERTY
4.61 Customer agrees that all Intellectual Property Rights, Confidential know- how, tools, methods, skills, trade secrets, graphics, logos and trade names used by Parkeon in performing its obligations under this Agreement (' Intellectual Property Rights') are, and will remain, the property of Parkeon ( or the third -party who has granted Parkeon the right to use such rights) and nothing in this Agreement or Parkeon' s performance under this Agreement will be deemed to transfer to Customer any such Intellectual Property Rights of Parkeon or any third -party.
4. 6.2 Customer acknowledges that the name' PARKEON' and any other trademark, brand name, trade name and logotype associated with the Products or services of Padceon ( hereinafter referred to as ' PARKEON Trademarks) whether or not registered, are and shall remain the property of the owner of the Trademarks, being Parkeon or one of its affiliates, and that Customer has no right, title or interest in PARKEON Trademarks during the term of this Agreement or thereafter except as provided otherwise herein.
4.6. 3 The Parties both agree that except as otherwise provided herein, neither Party shall utilize the intellectual property rights of the other.
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4. 6.4 Parkeon shall indemnify, defend or, at its option, settle any claim or action brought against Customer alleging that the use of the Services as provided under the Agreement and as used within the scope of the Services granted to Customer, infringes the Intellectual Property Rights of a third - party, provided that (i) this infringement claim is not attributable ( a) to a use other than in accordance with this Agreement regardless of whether the use is in combination with any service( s) not furnished by Parkeon, or ( b) to the use of a non - current release of the Software and that ( ii) Customer gives reasonable notice and cooperation to Parkeon in connection with the defense of such claim, makes no admission or settlement in respect of such claim and that Parkeon directs and controls such defense.
4.6. 5 Software licensing: Parkeon will provide Customer a license to use Pay Station software and Parkfolio back office. Parkeon does not provide software or licensing for software being used with Parkeon products that is not part of the Parkeon Pay Station, Parkfolio back office, or other Parkeon products provided by Parkeon to Customer under this Agreement. Customer shall provide such software and licensing as needed, LT. PROPRIETARY AND CONFIDENTIAL INFORMATION
4. 7. 1 Proprietary Information ( hereafter " Proprietary Information") means object code, source code and any benchmark tests for the Services, pricing and other information Identified as proprietary, but excludes: ( a) information made available to the general public without restriction by the disclosing Party or by an authorized third -party, ( b) information known to the receiving Party independent of disclosures by the disclosing Party, ( c) information independently developed by the receiving Party without access to or use of the disclosing Party' s Proprietary Information, or ( d) information related to the Agreement that the receiving Party may be required to disclose pursuant to the applicable Freedom of Information statutes or pursuant to subpoena or other lawful process initiated by a governmental authority or by the disclosing Party, provided that the receiving Party notifies the disclosing Party of the lawful process to allow the disclosing Party to appear before the governmental authority and protect its interests, and such disclosure complies with applicable law.
4. 7. 2 Confidential Information ( hereafter " Confidential Information ") means non- discosable data, but shall exclude (a) information known to the receiving Party independent of disclosures by the disclosing Party, ( b) information independently developed by the receiving Party without access to or use of the disclosing Party' s confidential information, or ( c) Information related to the Agreement that the receiving Party is required to disclose pursuant to applicable Freedom of Information statutes or pursuant to subpoena or other lawful process initiated by a governmental authority or by the disclosing Party, provided that the receiving Party notifies the disclosing Party of the lawful process in a timely manner to allow the disclosing Party to appear before the governmental authority and protect its interests, and such disclosure complies with applicable law.
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4.7. 3 The Parties shall use reasonable efforts to protect each others Proprietary and Confidential Information from disclosure. Neither Party is entitled to disclose the other Party' s Confidenfial or Proprietary Information without prior written consent of the other Party, which may be withheld in the other Party' s sole and absolute discretion. Provided the other Party' s prior written consent has been obtained, the Party requesting consent may disclose in confidence the other Party' s Confidential or Proprietary Information on a need -to -know basis to such Party' s contractors and subcontractors as have executed a non - disclosure agreement, and the Party making that disclosure shall be responsible for that Person's Compliance with these restrictions on disclosure and use.
4.7. 4 Upon termination of this Agreement, the Parties shall securely dispose of all information received and shall make no further use of it. The termination shall not serve to release any Party from its obligations regarding confidentiality under this article which shall remain in force for a period of two ( 2) years after the date of termination.
4.7. 5 As a municipal corporation, Customer may have an obligation to disclose public records pursuant to applicable Freedom of Information statutes. To avoid disclosure of Parkeon Proprietary Information, any documents that contain trade secrets will be clearly marked " Proprietary" prior to submission to Customer.
Upon citizen request for disclosure of Proprietary Information pursuant to the applicable statues, sufficient notice shall be provided to Parkeon to permit Parkeon to contest such disclosure.
41. 8. LIABILITY AND
4.8. 1 This clause sets out the liability of Parkeon in its entirety ( including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to Customer in respect of any claims relating to ( 1) Parkeon' s performance of the Agreement ( ii) any breach of this Agreement ( iii) any use made by the Customer of the Services, or (iv) any representation, statement or act or omission ( including negligence) of Parkeon arising under or in connection with this Agreement.
4.8.2 Notwithstanding any other provision of this Agreement to the contrary or rule of law or statute, in no event shall Parkeon be liable to Customer for ( i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or ( ii) loss of profits, business, Contracts, business opportunities, income, or anticipated savings; or ( iii) damage to reputation or ( iv) loss or Corruption of data or information; or ( v) 4' any degradation which occurs in relation to the network or associated software or hardware of the Customer as a result of the performance of the Services.
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4.8. 3 Parkeon Multi -space meters communicate through public cellular communication networks. Parkeon shall not be liable to Customer for any loss, costs, damages, charges or expenses arising from failures, defects or limitations of the cellular communication network or any product or service supplied by a third -party in connection with the cellular communication network. The cellular providers may experience capacity, interference, equipment and other problems, may make unannounced changes to their Services which impact communications; may limit, restrict or end the Services. Parkeon' s sole obligation under this Agreement in connection with the cellular communication network is to treat communications problems that impact Multi -space meters performance as a pdonty issue and work with the cellular provider to expeditiously resolve the problem.
4. 8. 4 Data is saved in accordance with current date protection and back up standards. However, complete security cannot be guaranteed. In the event of data loss or data errors, Parkeon shall not be held liable unless the data loss or data error was solely the direct result of gross negligence on the part of Parkeon.
4.8. 5 Parkeon shall have no liability to Customer for malfunction of third -party systems, acts or omissions of a third -party, infiltration or disruption of Parkeon services by a third -party by any means, including without limitation, DDOS attacks, software viruses, Trojan horses, worms, time bombs or any software programs or technology designed to disrupt or delay the Parkeon' s services.
4. 8.6 Parkeon' s maximum aggregate total liability for damages arising out of or relating to this Agreement, exclusive of claims by third- parties, shall not exceed an amount equivalent to twenty- five ( 25 %) percent of the remaining contract value in the year in which the damages occurred.
4.8.7 Parkeon makes no warranty express or implied that all security threats, breaches and vulnerabilities will be detected and/or avoided. Parkeon may be required to reduce or suspend Services for limited periods to enable technical or maintenance operations to be conducted or upgraded or as the result of an imminent threat of material harm. Parkeon will use best efforts to minimize inconvenience to the Customer caused by such reduction or temporary suspension of Services.
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4.9. EXTENSION OR TIME FOR FORCE MAJEURE
4.9. 1 In the event of a Force Majeure incident which does not result in termination of the Agreement per Article
4. 5. 3. 3 above, the end date of this Agreement shall be extended by the period of time that such circumstance materially and adversely impaired or prevented a Party' s ability to perform its obligations under this Agreement ( the " Affected Period "). Immediately upon termination of the Affected Period, the Affected Party shall resume performance. The Parry seeking to obtain a Force Majeure extension of time must immediately notify the other Parry in writing of the nature, details and anticipated effect and duration of the Force Majeure incident.
4.10. GOVERNING LAW AND JURISDICTION
4. 10. 1 This Agreement made in two original counterparts in the English language shall be governed by and construed in accordance with the laws of the State of California or Municipality.
4. 102 All disputes or claims arising under or in connection with this Agreement shall, in the first instance, be subject to amicable resolution by the Parties. In the event the dispute or claim cannot satisfactorily be resolved amicably, the Parties agree to submit such disputes or claim to binding arbitration. Arbitration shall be held in Orange County, California. The commercial arbitration rules of the American Arbitration Association shall apply. Any judgment, decision, or award by the arbitrators shall be final and binding on the Parties and may be enforced in any court having jurisdiction over a Party against whom any such judgment, decision, or award is to be enforced. The Parties shall bear their own costs and expenses including attorney' s fees) for any arbitration, unless otherwise directed by the arbitrator.
4.N. CONTRACT DOCUMENTS
4. 11. 1 The contract documents which govern the dealings between the Parties are as follows, listed by order of precedence :
Changes, modifications, amendments and extension of this Agreement The Agreement including its Appendices,
Parkeon' s Response to Invitation to Bid dated November 13, 2017 Customer's Request for Proposal or Information for Bidders October 27, 2017 issued as amended.
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4. 12. 1 Addresses may be changed by either Party from time to time and shall be notified to the other Party. All notices and other communication hereunder shall be deemed to have been given as of the date of delivery by hand, or five ( 5) working days after posting when mailed by registered or certified mail, postage prepaid, or twenty -four (24) hours after dispatch if sent by facsimile during business hours of the receiving Parry.
Refusal to accept delivery has the same effect as receipt.
4. 12. 2 Notices or other communications to either Party shall be made in writing and addressed to the relevant Party at its address as stated below:
CITY OF SEAL BEACH.
211 8th Street
Seal Beach, CA 90740
USA
Attn: Jill R. Ingram, City Manager
PARKEON, INC.
40 Twosome Drive, Unit M7
Moorestown, NJ 08057
USA
Attn: Mr. Lionel Deperrois
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GENERAL
4. 13. 1 This Agreement including appendices and changes, modifications, amendments and extension thereto represents the entire agreement between the Parties.
4. 13. 2 This Agreement supersedes and cancels all other agreements, written or oral, between the Parties relating to the Services.
4. 13. 3 The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective or the length of time for which such failure shall continue, shall not be a waiver of that Party' s Tight to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation of this Agreement.
No waiver or consent shall be effective unless in writing and signed by the Party against whom such waiver or consent is asserted.
4. 13. 4 The terms and conditions of this Agreement shall be binding only upon written agreement signed by the duly qualified representatives of each Party.
4. 13.5 The Parties may amend or modify this Agreement at any time, provided that such amendment( s) or modifications) make specific reference to this Agreement, and are executed in writing by a duly authorized representative of both Parties. Such amendment(s) or modification( s) shall not invalidate this Agreement, nor relieve or release the Parties from their obligations under this Agreement.
4. 13. 8 Neither Party shall be bound by any condition, definition, guarantee or representation other than those set forth in this Agreement.
4. 117 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer and employee between the Parties. Parkeon shall at all times remain an independent contractor with respect to the Services to be performed under this Agreement. The Customer shall not be obligated to provide workers' compensation insurance, health or accident insurance to cover Parkeon for any type of loss which might result to Parkeon or its employees, in connection with the performance of the Services set forth in this Agreement. The Customer shall not pay any contribution to Social Security, unemployment insurance, federal or state withholding taxes, nor provide any other Contributions or benefits which might otherwise be expected in an employer - employee relationship, it being specifically agreed that Parkeon is not an employee of the Customer.
4. 13.8 Provided the other Party's prior written consent has been obtained, each Party shall have the right to make reference to the name, trademarks and logo of the other Party (provided that such reference shall not refer to the Content of this Agreement) in any marketing literature, on all websites, on any media and any Commercial documents and brochures of the other Party.
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4.13.8 The Party representatives who execute this Agreement hereby represent and warrant that they have full and complete authority to act on behalf of Parkeon and Customer, respectively, and that their signatures below, the terms and provisions hereof, constitute valid and enforceable obligations of each.
4. 13. 10 In the event any portion of this agreement is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of the Agreement, as if such invalid or unconstitutional provision was not originally a part of the Agreement.
IN WITNESS WHEREOF, THE DULY AUTHORIZED REPRESENTATIVES OF THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Approved as to Legality and Form:
For City For PARKEON
Date: _/_/ Date:
Name: Jill R. Ingram as Name: Lionel
DEPtN Tide: City Manager Title: Chief Operar for
PAR N
Signature: Signature: jib
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APPENDIX A
LEVEL II REMOTE TECHNICAL SUPPORT
Parkeon will provide Level II Remote Technical Support between the hours of 8:OOAM and 8: OOPM EST Monday through Friday excluding company holidays. The primary method of contacting Parkeon is via email:
pa rkf olio _SLipport@moorestown. parkeon. com
A request number will be generated and can be referred to in correspondence and discussions to the issue.
In a situation where Level I Service is exhausted and is of an urgent nature you may contact Parkeon Level II Remote Technical Support via telephone at
Toll free: 1 ( 800) 732 - 6868 x 244.
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APPENDIX B
PARKEON RETURN MATERIALS AUTHORIZATION (' RMA')
Sa IesAdmin @moorestown. parkeon. com
Phone: Please call 1$ 00 - 732 -6868 x 245
Hours of operation: Monday — Friday: 8: 00 AM — 5: 00 PM Eastern Standard Time All requests for parts, machine changes and miscellaneous sales should be directed to the above contact point.
For parts being returned for repair or replacement a Return Material Authorization ( RMA) is required PRIOR to the physical return of the product:
1. Parkeon will issue an RMA number and provide shipping instructions.
2. Customer will ship the defective parts back to Parkeon and clearly mark the outside of the carton or the shipping label with the RMA number. Each assigned RMA is limited to 20 individual items.
3. Customer agrees to property wrap each defective part and package them securely within a box to assure no further damage will occur to these parts.
4. Customer is responsible for freight charges on items being returned to Parkeon. Parkeon is responsible for standard ground freight charges of replacements.
5. Once Parkeon has received the defective parts, replacement parts will be shipped within 72 hours via two 2) business - dsy delivery if parts are covered under standard warranty, If parts are covered under a Parkeon Service Contract, replacement parts will be shipped within 24 hours via two (2) business -day delivery
6. Parkeon will cross reference all parts against its warranty /contract database and determine if the part is Covered. Customer will be notified if parts are not covered under warranty and will be advised of available options by the Sales Administration Dept.
7. Customer is responsible for testing of parts before returning. Parkeon will inspect and test parts to determine reason for return. If any parts are determined to be functional with no problem found or found functional after a standard cleaning procedure, Customer will be charged $ 175. 00 dollars per unit for Preventative Maintenance charge to clean and restock.
8. Customer is responsible for all replacement charges for parts out of warranty or not covered under contract.
9. Customer is responsible for all expedited shipping charges.
10. Customer should ship all return parts to Parkeon and reorder on a regular weekly basis in order to provide a smooth flow of replacement parts and eliminate the need for expedited requests. Bulk RMAs (> 20 items) or multiple RMAs per week will result in processing and handling delays.
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APPENDIX C
LEVEL I TECHNICAL SERVICE AND MAINTENANCE
Customer is responsible, through its trained staff, for performing Level I Technical service and maintenance for all Pay Stations covered through this Agreement, as follows.
Technical Services
1. Open Pay Station and remove and /or replace internal components as necessary.
2. Execute self- diagnostic and other repair processes, as shown in service training and described in the Service Guide and other documentation provided in conjunction with and at the time of training.
3. Install programming changes to the Pay Station using the maintenance procedures that are available at the maintenance keyboard on the Pay Station and explained during Level I service training.
4. Maintain a log of repair activities performed by the technicians, which will be available for reference purposes during a call to Level II Technical Support.
5. Ensure that the staff servicing Parkeon's Pay Stations have successfully completed the full training program provided by Parkeon and maintain the certification level of all staff who service the Pay Stations or operate ParkFolio back office software system.
6. Complete all prescribed Level I diagnostics and repair steps prior to escalating a service issue to Level II support.
7. Ensure that only trained Level I service staff initiate support requests to the Level II helpdesk.
B. Use its own qualified IT resource to provide desktop client server, network, and infrastructure services necessary to maintain the proper functioning of the ParkFolio system.
9. Provide all information required to open a support request with Parkeon Level II Service and be available to work with the Parkeon support resource assigned to the support request.
10. Timely complete the recommended Pay Station preventative maintenance process to maximize useful life of the parts within the Pay Station.
11. Maintain the concrete mounting pad and mounting hardware per installation specifications.
12. Maintain all electrical installation accessories other than those that form an integral part of the Pay Stations as well as electrical connections to the Pay Stations
13 Maintain a supply of locally- available parts sufficient to meet desired repair timelines. These parts will be supplied to Parkeon as needed for Level II On - Site Operation.
14. Maintain a log of all parts replacements which will be made available to Parkeon upon demand.
15. Archive data and historical analysis for data older than 90 days.
PARKEON INC.. 40 TWOSOME DRIVE UNIT7. 110100RESTOWNNJ08057. 1. 45A PARKEON propnMary and confidential document . PARKEONwdlbncpn". iMpdIXt. mW apf. Oypdh ... f Parkfollo Services
1. Maintain desktop and file server computers, LAN connections, Internet connections and other aspects of the operating environment in a manner that allows the operation of and compatibility with the Parkfolio software.
2. Require all staff using Parkfolio to have successfully completed the full Parkfolio training program as provided by Parkeon.
3. Design, customize and generate reports using data in Parkfolio.
4. Complete all prescribed Level I diagnosis and repair steps prior to escalating issues for Level ( Obtain appropriate Information Technology or Information Services resources to provide server, network, frewall, and infrastructure support services, including Web server, authentication software, WebObjects' Monitor, software installation, application installation on production servers, database connections, and database changes.
5. Provide all information required to open a support request for Parkeon Level II support and be available to work with Parkeon support resource assigned to the support request.
PARKEON INC ., 40 TWOSOME DRIVE - UNIT 1. MOOR£ STOWN W 0509, USA PARKEON propnaary and con ( 4¢ nllaldocument. PARKEONW nc9n] MIaqu1redpllorN. 1. W. MWh~ N
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CERTIFICATE OF LIABILITY INSURANCE
F DATE(MWDD YYY)
OZ211201B
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Aon Risk Services Northeast, Inc.
New York NY Office
CONTACT NAME:
INC. No. Ext) C8ti6) 783 -] 122 FAX No.: ( 800) 363 - 0105 EaMIL ADDRESS: 199 water Street
New York NY 10038 - 3551 USA
INSURER( S) AFFORDING COVERAGE NAICA
8th Street
Beach CA 90740 USA
INSURED INSURERA: The Travelers Indemnity Co of CT 25682 Parkeon, Inc. INSURER B: ACE Property & Casualty Insurance Co. 20699 40 Twosome Dr. Unit 7
Moorestown NJ 08057 USA INSURER C: ACE American Insurance Company 22667 INSURER D:
INSURER E:
PREMISnce
1, 000, 000
INSURER F:
MED EX ( Any Me on) 10, 000
COVERAGES CERTIFICATE NUMBER: 570070253594 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested Lift TYPE OF INSURANCE INSD WVO POLICY NUMBER MMIppIYYYY MMIDD LIMITS C
COMMERCIAL GENERILL LIABILTEY
211 Seal 8th Beach Street CA 90740 USA
OGLG EACH O 1, 000, 000
CLAIMS - MADE X OCCUR PREMISnce
1, 000, 000
MED EX ( AnyMe on) 10, 000
PERSORY 1, 000, 000
GENT AGGREGATE LIMFAPPLIES PER: GENERE 1, 000, 000
POLICY
PRO
LOC
JECT PRODUP AGO 1, 000, 000
OTHER:
A AUTOMOBILE LIABILITY BA- 1F74188A 11/ 17/ 2017 11/ 17/ 2018 COMBINED SINGLE LIMIT Ea ecdeent
1, 000, 000
BODILY INJURY ( Per person) ANYAUTO
BODILY INJURY( Peracddmna OWNED SCHEDULED
AUTOS ONLY AUTOS
HIREDAUTOS NON - OWNED
ONLY AUTOS ONLY PROPERTY Pera¢ slent) genl AGE
Comp / Coll Oeducable 1, 000
B X UMBRELLALIAB OCCUR XDOG24997194 01/ 01/ 2018 01/ 01/ 2019 EACH OCCURRENCE 10, 000, 000 EXCESS LIAR CLAIMS4AADE AGGREGATE 10, 000, 000
DED I % RETENTION S10, 000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
YIN
ANY PROPRIETOR I PARTNER I EXECUTIVE
OFFICEWMEMBER ENCLUOEU9 NIA
PER OT H.
STATUTE ER
E. L. EACH ACCIDENT
Mandatory N NH) E. L. DISEASE - EA EMPLOYEE
II y dascaae order
DESCRIPTION OF OPERATIONS 0ebw E. L. DISEASE POLICY LNIR DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attacked If more+, ao Is required) Separation of insureds / severability of interest is included in the General Liability policy. City, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary & Non - Contributory to other insurance available to City, its directors, officials, officers, employees, agents and volunteers, but only in accordance with the policy' s provisions. we may Cancel this General Liability and Automobile Liability policies by mailing or delivering to the first Named Insured written notice of cancellation at least 30 days before the effective date of cancellation i9 we Cancel for any other reason.
CERTIFICATE HOLDER CANCELLATION
1988 - 2015 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD a
Ocv
a
2 NamCrvrOCrN
2OA0U
Urd
0 N
0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Seal Beach AUTHORIZED REPRESENTATIVE
Attn: City Manager
211Seal Beach 8th Street CA 90740 USA F• /
a // SIP sLCm Ca ssei
1988 - 2015 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD a
Ocv
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2 aNCrNOCrmv
OA20U
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0 N
0 SUMMARY OF EQUIPTMENT COSTS
IPS Flowbird
Quantity of Units 74 4
Base Cost (IPS Lock Assemblies/Flowbird Pay Station) $118.92 $7,825.00 Total Cost of Units $8,800.08 $31,300.00
Keys $200.00 N/A
Labor/Installation $4,200.00 Included
Total Equipment & Installation Costs $13,200.08 $31,300.00 MONTHLY OPERATING COSTS - 2021
IPS* Flowbird
Cost per Unit $5.75 $45
Credit Card Transaction Fee (per Transaction) $0.13 $0
Month IPS** Flowbird
January $573.83 $180.00
February $699.93 $180.00
March $774.29 $180.00
April $810.30 $180.00
May $887.26 $180.00
June $906.11 $180.00
July $966.56 $180.00
August $915.47 $180.00
September $845.27 $180.00
October $788.33 $180.00
November** (Projected based on 2021 average # of transations) $816.80 $180.00 December** (Projected based on 2021 average # of transations) $816.80 $180.00 Estimated Annual Total $9,800.95 $2,160.00
PROJECTED ANNUAL COSTS***
IPS Flowbird
Total Estimated Equipment and Operating Cost - Year 1 $23,001.03 $33,460.00 Total Estimated Equipment and Operating Cost - Years 1&2 $32,801.98 $35,620.00 Agenda Item F
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approving the Submittal of Application(s) for the SB 1383 Local Assistance Grant Program through the State of
California Department of Resources Recycling and
Recovery (CalRecycle) and Authorizing the City Manager to Execute All Grant Documents
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7282:
1. Authorizing the City Manager or their designee to submit application(s) for all SB 1383 Local Assistance Grant Programs through CalRecycle for which the City of Seal Beach is eligible; and,
2. Authorizing the City Manager or their designee to execute all documents necessary to secure and implement the grant(s) and all grant-related reports to CalRecycle; and
3. Providing that these authorizations are effective for five (5) years from the date of adoption of this resolution.
BACKGROUND AND ANALYSIS:
As part of a statewide effort to reduce emissions of short-lived climate pollutants (SLCP), Governor Brown set statewide methane reduction targets in 2016. Senate Bill 1383 (SB 1383) requires the Department of Resources Recycling and Recovery (CalRecycle) to reduce organic waste disposal in landfills and increase edible food recovery, among other provisions. Specific goals of SB 1383 include:
1. Reduce organic waste disposal by 50 percent of the 2014 level by 2020;
2. Reduce organic waste disposal by 75 percent of the 2014 level by 2025; and
3. Recover 20 percent of currently disposed of edible food for human consumption through food recovery services by 2025.
SB 1383 regulations created Chapter 12 of Title 14, Division 7 of the California Code of Regulations (CCR) and amended portions of regulations of Title 14 CCR and Title 27 CCR. These regulations require a variety of programmatic and policyrelated requirements related to the collection of organics, edible food recovery, compliance tracking, and enforcement.
On December 13, 2021, the Council approved the introduction of Ordinance 1692 to update the Seal Beach Municipal Code to implement the requirements of SB 1383. Ordinance 1692 was passed, approved, and adopted by the Council on January 24, 2022.
In January 2022, CalRecycle announced the availability of the SB 1383 Local Assistance Grant Program, which is intended to provide jurisdictions with a onetime grant. All jurisdictions are eligible to receive a minimum of $20,000, and additional money will be distributed based on population to jurisdictions with approved applications.
CalRecycle anticipates granting the City of Seal Beach $33,080 in funds expendable over two (2) years. Eligible expenses under the SB 1383 Local Assistance Grant Program include the following:
Capacity Planning
Collection
Edible Food Recovery
Education and Outreach
Enforcement and Inspection
Program Evaluation/Gap Analysis
Recordkeeping
Staff anticipates the majority of SB 1383 grant funds will be used for edible food recovery efforts, distribution of supplies, outreach and public education to ensure Seal Beach residents and businesses are fully equipped and prepared to comply with the law by 2024.
Resolution 7282 approves the submittal of applications to CalRecycle for all grants for which the city is eligible and authorizes the City Manager, or their designee, to submit all related documents. The authorizations are effective for five (5) years from the date of adoption.
ENVIRONMENTAL IMPACT:
This item is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because approval of a grant application is not a “project” within the meaning of CEQA and CEQA Guidelines Sections 15061(b)(3) and 15378(b)(4) and (5) because it does not involve any commitment to a specific project which could result in a potentially
significant physical impact on the environment; and, constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
LEGAL ANALYSIS:
The City Attorney has approved the resolution and amendment as to form.
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.
RECOMMENDATION:
That the City Council adopt Resolution 7282:
1. Authorizing the City Manager or their designee to submit application(s) for all SB 1383 Local Assistance Grant Programs through CalRecycle for which the City of Seal Beach is eligible; and,
2. Authorizing the City Manager or their designee to execute all documents necessary to secure and implement the grant(s) and all grant-related reports to CalRecycle; and
3. Providing that these authorizations are effective for five (5) years from the date of adoption of this resolution.
SUBMITTED BY: NOTED AND APPROVED:
Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
Prepared by: Lauren Barich, Management Analyst
ATTACHMENTS:
A. Resolution 7282
RESOLUTION 7282
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING APPLICATION(S) FOR
ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF
SEAL BEACH IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and, WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby authorizes the City Manager, or their designee, to submit application(s) to CalRecycle for all grants for which the City of Seal Beach is eligible; and
Section 2. The City Manager, or their designee, is hereby authorized and empowered to execute in the name of the City of Seal Beach all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
Section 3. These authorizations are effective for five (5) years from the date of adoption of this resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd 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 7282 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022.
Gloria D. Harper, City Clerk
Agenda Item G
AGENDA STAFF REPORT
DATE: May 23, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to the Professional Maintenance Services Agreement with ACCO
Engineered Systems, Inc., for HVAC Maintenance and
Repair Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7283:
1. Approving Amendment No. 1 to the professional maintenance services agreement dated July 26, 2021 with ACCO Engineered Systems, Inc. to authorize additional HVAC maintenance and repair services, and increase compensation by $25,000 for the additional services for a revised total contract not-to-exceed amount of $85,598.58; and,
2. Authorizing the City Manager to execute Amendment No. 1.
BACKGROUND AND ANALYSIS:
The City owns and maintains ten (10) facilities with HVAC systems, which includes City Hall, community centers, and utility support facilities. The HVAC systems provide proper heating and cooling for staff and visitors. Maintenance of these systems are usually performed by licensed contractors having the appropriate certification and expertise.
On July 26, 2021, the City Council adopted Resolution 7176 awarding a professional maintenance services agreement to ACCO Engineered Systems, Inc. (ACCO) for HVAC maintenance and repair services. Their general scope of work included routine preventative maintenance and a $15,000 allowance for unexpected repair work.
As the Police Department’s HVAC system is heavily utilized, services a larger area, and is of age, more unexpected repairs were encountered. This includes motor and capacitor replacements, refrigerant recharges and repairs at the evidence freezer and server room. ACCO submitted a cost proposal in the amount of
$25,000. As the repair allowance has been depleted, additional funds are required to make the Police Department HVAC system repairs. As such, staff recommends approval of Amendment No. 1, amending ACCO’s total not-to-exceed contract amount to $85,598.58 for the term.
It should be noted that this is the first contract maintenance year where more repair services are not uncommon. It is expected that the number of unexpected repairs should decrease in subsequent years with proper routine maintenance that is now in place.
ENVIRONMENTAL IMPACT:
This item is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(b) and (d) (Existing Facilities) of the state CEQA Guidelines because it would involve ongoing maintenance and repair of existing mechanical equipment involving no expansion of use.
Environmental impacts associated with each task order will be assessed under a separate effort.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
Additional services provided under this Amendment No. 1 will be expensed from the Police Department HQ Building/Site Upgrades account (BG2103).
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.
RECOMMENDATION:
That the City Council adopt Resolution 7283:
1. Approving Amendment No. 1 to the professional maintenance services agreement dated July 26, 2021 with ACCO Engineered Systems, Inc. to authorize additional HVAC maintenance and repair services, and increase compensation by $25,000 for the additional services for a revised total contract not-to-exceed amount of $85,598.58; and,
2. Authorizing the City Manager to execute Amendment No. 1.
SUBMITTED BY: NOTED AND APPROVED:
Steve Myrter
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:
A. Resolution 7283
B. Agreement with ACCO Engineered Systems, Inc.
C. Amendment No. 1 with ACCO Engineered Systems, Inc.
RESOLUTION 7283
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
MAINTENANCE SERVICES AGREEMENT WITH ACCO
ENGINEERED SYSTEMS, INC. FOR HVAC MAINTENANCE
AND REPAIR SERVICES
WHEREAS, on July 26, 2021, City Council adopted Resolution 7176 approving a Professional Maintenance Services Agreement (Agreement) with ACCO Engineered Systems, Inc. (ACCO) for HVAC Maintenance and Repair Services in the amount of $60,598.58 for the original term; and,
WHEREAS, the City desires to amend the Agreement with ACCO to provide additional HVAC maintenance and repair services, and increase ACCO’s compensation for such additional services by $25,000, for a revised total contract amount of $85,598.58.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No.1 dated May 23, 2022 to the Agreement dated July 26, 2021, between the City of Seal Beach and ACCO Engineered Systems, Inc. for additional HVAC maintenance and repair service, and increase ACCO’s compensation by $25,000 for the additional services, for a revised total contract not-to-exceed amount of $85,598.58.
Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd 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 7283 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of May, 2022.
Gloria D. Harper, City Clerk
PROFESSIONAL MAINTENANCE SERVICES
AGREEMENT
for
HVAC Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 ACCO Engineered Systems, Inc.
2201 Park Place, Suite #400
EI Segundo, CA 90245
424) 201- 0153
This Professional Maintenance Services Agreement (" the Agreement") is made as of July 26, 2021 ( the " Effective Date"), by and between ACCO Engineered Systems, Inc.
Contractor"), a California corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").
RECITALS
A. City desires certain HVAC maintenance services including regularly scheduled preventative maintenance, related repairs, and on- call emergency and unexpected maintenance tasks.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( D), City solicited proposals for such services through The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01 -062718 - AES.
C. Pursuant to The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01- 062718 -AES, Contractor submitted a proposal to the City for regularly scheduled HVAC preventative maintenance, related repairs, and on- call emergency and unexpected maintenance tasks, dated June 18, 2021, in the amount of $ 60, 598. 58 (" Accepted Proposal" hereinafter), attached hereto as Exhibit A and incorporated herein by reference, which constitutes the lowest acceptable bid. The Accepted Proposal contains, among other things, provisions defining the scope of services.
D. City desires to engage Contractor as an independent contractor to provide HVAC maintenance and repair services in the manner set forth herein and more fully described in Section 1. 0.
E. Contractor represents that the principal members of its firm are qualified California licensed contractors ( License # 120696, DIR # 1000000546) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope of Services
1. 1. Contractor shall provide those HVAC maintenance, related repairs, and on- call emergency and unexpected maintenance tasks ( collectively Services") set forth in the Contractor' s Proposal (" Accepted Proposal", Exhibit A), Sourcewell Indefinite Quantity Construction agreement ( Exhibit B), and Labor Code requirements ( Exhibit C), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control. 2 of 20
1. 2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.
1. 4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor' s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor' s work by the City shall not operate as a release of Contractor from such standard of care and workmanship.
2. 0 Term
2. 1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of one ( 1) year (" Original Term") and shall expire at midnight on July 26, 2022, unless sooner terminated or extended as provided by this Agreement.
2. 2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to four ( 4) additional terms of one year each (" extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 26, 2022 through and including July 26, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 26, 2023 through and including July 26, 2024, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the third extension shall have a term extending from July 26, 2024 through and including July 26, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the fourth extension shall be from July 26, 2025 through and including July 26, 2026, unless sooner terminated pursuant to this Agreement.
Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor' s authorized representatives.
3 of 20
3. 0 Contractor' s Compensation
3. 1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $60, 598. 58 Sixty Thousand Five Hundred Ninety Eight and 58/ 100 dollars) for the Original Term.
3. 2. In the event that City elects to extend the Original Term in accordance with Section 2. 2 of this Agreement, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services, subject to the following:
3. 2. 1 The rates set forth in Exhibit A may be adjusted for each one- year renewal term. Not later than one ( 1) month prior to the expiration of the Original Term or any one-year extension, Contractor may request hourly rate and/ or unit price increases for each extension that shall not exceed the rate of change of the lesser of either ( a) the most recent Sourcewell Annual Renewal and Modification of Agreement or ( b) five percent ( 5%) of the total contract price set forth in Section 3. 1.
3. 3. Contractor will not be compensated for any work performed not authorized by City and specified in Section 1. 0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A and/ or any modified rates agreed to by City pursuant to Section 3. 2. 1 for any extension.
4. 0 Method of Payment
Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.
4 of 20
5. 0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
5. 3. In the event of termination, City shall compensate Contractor for all services satisfactorily performed up to the date of termination. City shall not be obligated to Contractor for services performed after the date of termination.
Contractor shall deliver all records, equipment and materials ( to the extent equipment and/ or materials are owned by City), finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation related to the performance of this Agreement to City within three ( 3) business days of the date of expiration or termination of this Agreement. Neither party shall have any other claim against the other party by reason of such expiration or termination.
6. 0 Party Representatives
6. 1. The City Manager is the City' s representative for purposes of this Agreement.
6. 2. Andy Lufkin is the Contractor' s primary representative for purposes of this Agreement. Andy Lufkin shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor 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
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To Contractor: ACCO Engineered Systems, Inc.
2201 Park Place, Suite 400
EI Segundo, CA 90245
Attn: Andy Lufkin
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Licenses
Contractor represents and agrees that all personnel engaged by Contractor in performing the Services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor further represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide notice to the City Manager. Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency
9. 0 Independent Contractor
9. 1. Contractor 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 Contractor or by Contractor' s employees or other personnel under Contractor' s supervision. Contractor will determine the means, methods, and details by which Contractor' s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9. 2. All of Contractor' s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor' s exclusive direction and control. Contractor and Contractor' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Contractor' s personnel. Contractor' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City, and Contractor' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services 6 of 20
under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor' s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor' s choice, except as otherwise may from time to time be necessary in order for Contractor' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor' s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9. 3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9. 4. In addition to all other provisions of this Agreement, Contractor 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 Contractor' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. This duty shall survive the expiration or termination of this Agreement.
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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. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
10. 2. Indemnification. In addition to all other provisions of this Agreement, Contractor shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor' s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. This duty shall survive the expiration or termination of this Agreement.
11. 0 Confidentiality
11. 1. Contractor covenants that all data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, information, materials or other documents and records of any kind developed or prepared by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/ or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.
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11. 2. Contractor shall promptly notify City should Contractor, its directors, 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 Services performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
11. 3. Contractor' s covenants under this Section shall survive the expiration or termination of this Agreement.
12. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.
13. 0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights, or delegate any duties or interest in this Agreement, either in whole or in part, without the prior written consent of City. Any purported assignment or delegation without City' s consent shall be void and without effect.
14. 0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts, data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media files, computer files, electronic files and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be maintained in accordance with applicable law ( including but expressly not limited to, the Labor Code with respect to prevailing wages) and generally accepted accounting principles and shall be clearly identified and readily accessible. Upon 24- hour notice from City, Contractor shall allow City or City' s agents or representatives to inspect at Contractor' s offices during regular business hours, all such records, and to examine and audit the same and to make copies and transcripts as City deems necessary, and to inspect and audit all work, proceedings, activities and all other 9 of 20
matters related to this Agreement. Contractor shall retain all such records, with supporting documents for at least three ( 3) years after expiration of this Agreement, termination of this Agreement, or final payment under this Agreement, whichever occurs later. City' s rights under this Section 14. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
15.0 Ownership of Documents and Work Product
15. 1. All reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, or information, materials or other documents developed or prepared by Contractor and/ or required to be furnished to City in connection with this Agreement shall become City' s property, and City may use all or any portion thereof submitted by Contractor as City deems appropriate. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data that are not otherwise vested in City pursuant to the preceding sentence.
15. 2. Upon completion of the Services, or in the event of expiration or termination of this Agreement, Contractor shall deliver to City all original records and other deliverables related to this Agreement without additional cost or expense to City. If Contractor prepared any records on a computer, Contractor shall provide City with said records both in a printed format and in an electronic format that is acceptable to City. Such records shall become City' s sole property and may be used, reused or otherwise disposed of by City without Contractor' s permission.
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. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
17. 0 Familiarity with Work
By executing this Agreement, Contractor represents that it has: ( a) thoroughly investigated and considered the scope of services to be performed; ( b) carefully considered how the Services should be performed; and ( c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
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18. 0 Insurance
18. 1. General Requirement. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section.
18. 2. Minimum Scope of Insurance Coverage. Contractor shall, at its expense, procure, maintain and keep in full force and effect for the term 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 by Contractor, and its directors, officers, agents, representatives, employees, and subcontractors. Coverage shall be at least as broad as the latest version of the following:
18. 2. 1. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 0001, with 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.
18. 2. 2. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto), including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $ 2, 000,000 per accident for bodily injury and property damage.
18. 2. 3. Workers' Compensation and Employer' s Liability coverages. Contractor shall maintain Workers' Compensation in the amount required by law, and Employer' s Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease.
18. 3. Cancellation or Modification to Coverages. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to contain the following provisions:
18. 3. 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;
18. 3. 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 elected and appointed officials, officers, 11 of 20
employees, agents, volunteers, and those or agents serving as independent contractors in the role of City officials;
18. 3. 3. Coverage shall be primary insurance as respects City, its officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor' s insurance and shall not be called upon to contribute with it;
18. 3. 4. Tor general liability insurance, that City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and for automobile liability, that City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible.
18. 4. 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 officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. A severability of interests provision must apply for all additional insureds ensuring that Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer' s limits of liability. The policy( ies) shall not contain any cross-liability exclusions.
18. 5. Deductibles and Self-insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor 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 agents serving as independent contractors in the role of City officials; or ( 2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
18. 6. Acceptability of Insurers. Insurance shall be placed with insurers with a current A. M. Best' s rating no less than A:VIII, licensed to do business in California, and satisfactory to City.
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18. 7. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall be endorsed to waive the insurer' s right of subrogation against City and its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery and all rights of subrogation against City .
18. 8. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor' s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor' s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
18. 9. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements evidencing and effecting the coverages required by this Agreement on forms satisfactory to 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. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor 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. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
18. 10. Enforcement of Contract Provisions ( Non -Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
18. 11. Subcontractors. Contractor 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. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation on Contractor' s liability or full performance of Contractor' s duty to indemnify City under any provision of this Agreement.
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18. 13. Additional Insurance/ Broader Coverage. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
19. 0 Indemnification, Hold Harmless, and Duty to Defend
19. 1. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Agreement) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, protests, stop notices, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (individually a " Claim" and collectively " Claims"), in law or equity, whether actual, alleged or threatened, in any manner which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its owners, directors, officers, agents, servants, employees, subcontractors, materialmen, suppliers, consultants, contractors, or subcontractors, or their owners, directors, officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
19. 2. Bid Protests. In addition to all other obligations under this Section, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest or any other challenge or protest to City' s purchasing procedures.
19. 3. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that this Agreement is subject to Civil Code Section 2782( a) or City' s 14 of 20
active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
19. 4. Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor' s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to the City any reimbursement or indemnification arising under this Section.
19. 5. Public Safety. Contractor shall perform all Services in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Services by Contractor or its directors, officers, employees, agents or subcontractors.
19. 6. Subcontractor indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 19. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims 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.
19.7. Workers' Compensation Acts Not Limiting. Contractor' s indemnification obligations under this Section or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to City and all other Indemnitees.
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19. 8. Insurance Requirements Not Limiting. Contractor's indemnification obligations set forth in this Section 19. 0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement, or by any insurance proceeds, if any, received by Contractor or Indemnitees, and this Section 19.0 shall apply to all Claims regardless of whether any insurance policies are applicable.
19. 9. Survival of Terms. Contractor' s covenants under this Section 19. 0 shall survive the expiration or termination of this Agreement. City may offset aaainst the amount of any fees due to Contractor under this Aareement any mount due to City -from Contractor as a result of Contractor' s failure to oromotly pay to City any reimbursement or indemnification arisina under this Section
20. 0 Equal Opportunity and Nondiscrimination
20. 1. Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate, harass or retaliate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, physical disability, mental disability, medical condition, genetic information, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any other basis protected by federal, state or local laws, including but is not limited to, in all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
20. 2. Contractor warrants that in providing the Services, Contractor shall not discriminate, harass or retaliate against any customer, patron, client, or other member of the public because of race, religion, color, national origin, handicap, physical disability, mental disability, medical condition, genetic information, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any or other basis protected by federal, state or local laws.
21. 0 Workers' Compensation Certification
Labor code Sections 1860 and 3700 provide that every employer is required to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code. In accordance with those statutes, by signing this Agreement, Contractor certifies as follows:
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract."
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22.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.
23. 0 Warranty
Contractor warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages, occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor' s performance under this Agreement.
24. 0 Non -Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
25. 0 Time of 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 may not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
26. 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.
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27. 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.
28. 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. This Agreement is made, entered into, and executed in Orange County, California, and any action filed in any court or administrative agency for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court or administrative agency in Orange County, California.
29.0 No Third Party Rights
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 as a result of this Agreement.
30. 0 Waiver
The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
31. 0 Prohibited Interests; Conflict of Interest
31. 1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 18 of 20
31. 2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
31. 3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this Section.
32. 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, experts' fees, and other costs incurred in connection therewith, in addition to any other relief to which the party may be entitled.
33. 0 Interpretation
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
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.
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35. 0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
36.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH CONTRACTOR: ACCO Engineered
n r\ Systems, Inc., a California corporation
By' Al M.Aw I By
R—Ingram' Ci y M n er : Name:
Its:
f,
1r:,. 1 _ YiIN/ 1JF y.
Attest:
qcD
t1 ` ame:
Assistant Secretary
Glofia D. Harper, Cit
Please note, two signatures required
for cmme) ratinns minwant to r`nlifnmin
Corporations Code Section 313 from
Approve? as For each of the following categories: ( i) the chairperson of the board, the president
or any vice president, and ( ii) the
By: secretary, any assistant secretary, the
raig A. Steele, City Attorney chief financial officer or any assistant treasurer of such corporation.)
20 of 20
EXHIBIT A
Contractor' s Proposal
GORDIAN@
Work Order Signature Document
EZIQC Contract No.: CA -REN -SCR -M01 -062718 -AES
ElNew Work Order Modify an Existing Work Order
Work Order Number.: 092636. 00 Work Order Date: 06/ 18/ 2021 Work Order Title: Seal Beach - HVAC Preventative Maintenance Owner Name: SOCAL REN - City of Seal Beach Contractor Name: ACCO Engineered Systems Contact: Iris Lee Contact: Andy Lufkin
Phone: ( 562) 431- 2527 Phone: 424- 201- 0153
Work to be Performed
Work to be performed as per the Final Detailed Scope of Worts Attached and as per the terms and conditions of EZIQC Contract No CA -REN -SCR -M01 -062718 -AES.
Brief Work Order Description:
City of Seal Beach - HVAC Preventative Maintenance
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: X
Will not I
Work Order Firm Fixed Price: $ 60, 598. 58
Owner Purchase Order Number:
Approvals
Owner Date Contractor Hugh Palmer Date
Assistant Secretary
n f oIgrwwre uocumenc
6/ 1812021
Detailed Scope of Work
To: Andy Lufkin
ACCO Engineered Systems
2201 Park Place, Suite # 400
EI Segundo, CA 90245
424- 201- 0153
Date Printed: June 18, 2021
GORDIAN@
From: Iris Lee
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
562) 431- 2527
Work Order Number: 092636. 00
Work Order Title: Seal Beach - HVAC Preventative Maintenance Brief Scope: City of Seal Beach - HVAC Preventative Maintenance Preliminary FIRevised Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
City of Seal beach - HVAC Preventative Maintenance
See attached detailed scope of work.
Prevailing wage rates apply.
Subject to the
Contractor
Owner
cope or wank
Contract CAREN -SCR -M01. 062718 -AES.
Hugh Palmer
Assistant Secretary
711 / 2e2 t
Date
Date