Agenda packet — Seal Beach City Council, September 12, 2022 (part 1 of 3)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, September 12, 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
• CalPERS Update
• National Fentanyl Prevention and Awareness Month – Project Eli • 2022 Hunger Action Month Proclamation
• National Preparedness Month 2022

PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

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

Supplemental Communications from Council Member Moore
Supplemental Communications from Council Member Sustarsic Supplemental Communications from City Manager Ingram (DeBrief) CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

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

COUNCIL ITEMS – None

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

A. Approval of the August 8, 2022 and August 29, 2022 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 8, 2022 as well as the August 29, 2022 Special City Council meeting minutes.

B. Demands on City Treasury (Fiscal Year 2023) September 12, 2022 - Ratification.

C. Monthly Investment Report – July 31, 2022 - Receive and file.

D. Second Reading and Adoption of Ordinance 1696 - That the City Council adopt Ordinance 1696 titled "An Ordinance of the City of Seal Beach amending Title 11 of the Seal Beach Municipal Code to allow projections into side yard setbacks in the Residential Low Density (RLD-9) Zone District along the “Gold Coast” area of Ocean Avenue and finding the Ordinance to be exempt from the California Environmental Quality Act.”
E. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2021 Urban Area Security Initiative (UASI) - That the City Council adopt Resolution 7326 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2021 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and subgranted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.

F. Awarding and Authorizing Execution of a Professional Services Agreement with Z&K Consultants, Inc. for the Tennis and Pickleball Center Improvement Project (CIP BG2105) – Construction Management and Inspection Services - That the City Council adopt Resolution 7327: 1.

Awarding a Professional Services Agreement to Z&K Consultants, Inc. in a not-to-exceed amount of $220,971.50 to provide construction management and inspection services for the Tennis and Pickleball Center Improvement Project (CIP BG2105); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project; and, 4. Rejecting all other proposals.

G. Approving a Limited Term Partial Basin Equity Assessment Exemption Agreement with Orange County Water District for the Lampson Well Treatment System (CIP WT1902) - That the City Council adopt Resolution 7328: 1. Approving a Limited Term Partial Basin Equity Assessment Exemption Agreement with the Orange County Water District for the Lampson Well Treatment System (CIP WT1902); and, 2. Authorizing and directing the City Manager to execute the Agreement.

H. Approving and Authorizing Amendment No. 2 to Professional Services Agreement with Richard C. Slade & Associates, LLC for the Beverly Manor Well Rehabilitation, CIP WT0904 - That the City Council adopt Resolution 7329: 1. Approving Amendment No. 2 to the Professional Services Agreement with Richard C. Slade & Associates, LLC (RCS) for additional hydrogeological services during construction of the Project, as set forth in Exhibit A-2 to Amendment No. 2, and extending the term of the Agreement to and including midnight on June 30, 2024; and, 2. Increasing RCS’ compensation by $43,202 for the additional hydrological services during construction, as set forth in Exhibit A-2 to Amendment No. 2 and a revised not-to-exceed total amount of $71,635 for all services and additional services under the Agreement, Amendment No. 1 and Amendment No. 2; and, 3.

Authorizing the City Manager to execute Amendment No. 2; and, 4.

Authorizing the City Manager to execute Agreement amendments for additional work requests in the cumulative not-to-exceed amount of $10,000 in connection with the Project.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
I. Update City Cost Recovery Schedule - That the City Council adopt Resolution 7330 updating and establishing user and regulatory fees, charges, rates, and fines.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
J. Discussion of Options Related to Extension of the Parklet Program - That the City Council discuss options and provide direction to staff.

ADJOURNMENT
Adjourn the City Council to Monday, September 26, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.
1 Annual Valuation Report Update - 6.30.21
City of Seal Beach
September 12, 2022
Kerry Worgan FSA, FCIA
Supervising Pension Actuary, CalPERS
2 Valuation Changes – June 30, 2021
3 Review of Valuation Report and Actuarial Office (ACTO) Update Valuation Changes at 6.30.21
• Risk Mitigation Policy → Triggered by 21.3% return
• Discount Rate 7.00% → 6.80%
• New Experience Study – Nov/2021
– Analysis of recent demographic experience
– Salary Growth 2.75% → 2.80%
– Inflation 2.50% → 2.30%
– Mortality – Generational Mortality adopted
4 Funded Status – June 30, 2021
5 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status
• Present Value of Projected Benefits – current value of all future expected benefits
• Accrued Liability (AL) – current value of accrued benefits • Market Value of Assets (MVA)– current value of plan assets • Funded Ratio – MVA divided by AL
6 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Misc. Classic Plan
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $55,996,186 $58,423,684

2. Entry Age Accrued Liability (AL) 50,298,164 52,417,209

3. Plan’s Market Value of Assets (MVA) 34,740,880 40,825,463

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 15,557,284 11,591,746

5. Funded Ratio [(3) / (2)] 69.1% 77.9%
7 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Misc. PEPRA Plan
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $3,259,730 $4,769,836

2. Entry Age Accrued Liability (AL) 902,162 1,241,454

3. Plan’s Market Value of Assets (MVA) 813,735 1,290,730

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 88,427 (49,276)

5. Funded Ratio [(3) / (2)] 90.2% 104.0%
8 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Safety Classic Plan
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $101,199,686 $106,850,521

2. Entry Age Accrued Liability (AL) 87,289,227 92,322,148

3. Plan’s Market Value of Assets (MVA) 60,381,462 72,112,105

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 26,907,765 20,210,043

5. Funded Ratio [(3) / (2)] 69.2% 78.1%
9 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Safety Fire (Inactive)
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $8,715,372 $8,539,530

2. Entry Age Accrued Liability (AL) 8,715,372 8,539,530

3. Plan’s Market Value of Assets (MVA) 5,321,466 5,823,331

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 3,393,906 2,716,199

5. Funded Ratio [(3) / (2)] 61.1% 68.2%
10 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Safety Police PEPRA Plan
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $4,212,058 $5,391,104

2. Entry Age Accrued Liability (AL) 546,307 875,354

3. Plan’s Market Value of Assets (MVA) 509,859 936,262

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 36,448 (60,908)

5. Funded Ratio [(3) / (2)] 93.3% 107.0%
11 Review of Valuation Report and Actuarial Office (ACTO) Update Funded Status – Other Safety PEPRA Plan
Plan’s Funded Status
June 30, 2020 June 30, 2021

1. Present Value of Projected Benefits (PVB) $428,643 $509,826

2. Entry Age Accrued Liability (AL) 87,462 126,628

3. Plan’s Market Value of Assets (MVA) 79,807 133,414

4. Unfunded Accrued Liability (UAL) [(2) - (3)] 7,655 (6,786)

5. Funded Ratio [(3) / (2)] 91.2% 105.4%
12 Required Contributions – June 30, 2021
13 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions
• Normal Cost – Cost of service earned in the coming year – Provided as dollar amount and Level percent of pay
– Fluctuates due to assumption changes and changes in
aggregate entry age of active members
• Payment on Amortization Bases
– Unfunded Liability = Accrued Liability (AL) – Assets (A) – Pay down Unfunded Liability to get back to 100% funded 14 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Misc. Classic Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 17.24% 18.76%
Surcharge for Class 1 Benefits2
a) FAC 1 0.55% 0.63%
b) PRSA 0.74% 0.79%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 18.53% 20.18%
Formula's Expected Employee Contribution Rate 6.92% 6.92% Employer Normal Cost Rate 11.61% 13.26% Unfunded Liability Payment $1,231,492 $1,196,039 15 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Misc. PEPRA Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 14.22% 15.43%
Surcharge for Class 1 Benefits2
a) PRSA 0.79% 0.82%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 15.01% 16.25%
Plan's Employee Contribution Rate 7.25% 8.25%
Employer Normal Cost Rate 7.76% 8.00% Unfunded Liability Payment $6,957 $0 16 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Safety Classic Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 31.46% 34.64%
Surcharge for Class 1 Benefits2
a) FAC 1 1.28% 1.46%
b) PRSA 1.89% 1.98%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 34.63% 38.08%
Formula's Expected Employee Contribution Rate 8.99% 8.99% Employer Normal Cost Rate 25.64% 29.09% Unfunded Liability Payment $2,129,133 $2,100,852 17 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Safety Fire Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 0.00% 0.00%
Surcharge for Class 1 Benefits2
None 0.00% 0.00%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 0.00% 0.00%
Formula's Expected Employee Contribution Rate 0.00% 0.00% Employer Normal Cost Rate 0.00% 0.00% Unfunded Liability Payment $398,468 11 yrs $404,972 7 yrs 18 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Police PEPRA Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 25.78% 27.29%
Surcharge for Class 1 Benefits2
a) PRSA 1.63% 1.71%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 27.41% 29.00%
Plan's Employee Contribution Rate 13.75% 14.50%
Employer Normal Cost Rate 13.66% 14.50% Unfunded Liability Payment $3,275 $0 19 Review of Valuation Report and Actuarial Office (ACTO) Update Required Contributions – Other Safety PEPRA Plan
Fiscal Year Fiscal Year
2022-23 2023-24
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 25.78% 27.29%
Surcharge for Class 1 Benefits2
a) PRSA 1.63% 1.71%
Phase out of Normal Cost Difference30.00% 0.00%
Plan’s Total Normal Cost 27.41% 29.00%
Plan's Employee Contribution Rate 13.75% 14.50%
Employer Normal Cost Rate 13.66% 14.50% Unfunded Liability Payment $1,504 $0 20 Review of Valuation Report and Actuarial Office (ACTO) Update Accelerated Funding
• Multiple ways to do it
– Fresh start over a reduced period
– Additional Discretionary Payment (ADP) on an ad hoc basis – Pension Obligation Bond (POB) to pay off UAL
– Section 115 Trust
• Ad hoc basis – Employer Option
– Short-term Savings : Apply to Shortest Base
– Long-term Savings : Apply to Longest Base
– Flexible
21 Review of Valuation Report and Actuarial Office (ACTO) Update Accelerated Funding
• Fresh Start
– Must pay off bases faster than existing schedule
– Creates new higher Minimum UAL payment
– Significant long-term savings
– Inflexible
22 Review of Valuation Report and Actuarial Office (ACTO) Update Accelerated Funding
• Discuss with your CalPERS Actuary
– they will explain options and show financial impacts
• Help us Understand your Goals
• CalPERS will prepare paperwork and payment
instructions
– need Payment Amount & Payment Date
• New Amortization schedules show up in next valuation
report
23 Path Forward – Beyond June 30, 2021
24 Review of Valuation Report and Actuarial Office (ACTO) Update Path Forward – Miscellaneous Plans
25 Review of Valuation Report and Actuarial Office (ACTO) Update Path Forward – Safety Plans
26 Review of Valuation Report and Actuarial Office (ACTO) Update Questions?

1 Gloria Harper
From: Jill Ingram
Sent: Friday, September 09, 2022 5:47 PM
Cc: Executive Team; 'Craig Steele'; Dana Engstrom
Subject: Re: fee increases
Attachments: image005.png; image006.png; COS Fee Changes More than 10 Percent.pdf BCC: CITY COUNCIL
Please see attached in response to Councilman Moore’s request below regarding the public hearing - Item I (Update of City Cost Recovery Schedule).

As always, please call if you have any additional questions or would like to discuss. This item is a public hearing and staff and our consultant will be making a presentation.

Thank you,
Jill
Jill R. Ingram, City Manager

CITY OF SEAL BEACH
211 8th Street
Seal Beach, CA. 90740
(562) 431-2527 ext. 1300
Begin forwarded message:

From: Thomas Moore <[email protected]>
Date: September 8, 2022 at 4:52:09 PM PDT
To: Jill Ingram <[email protected]>
Subject: fee increases

Could we get a list of any fees increased over 10% as part of the item Monday on fee increases?
Thanks!
-Tom

Thank you,
Tom
Thomas Moore
City Council Member, District 2
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x1502
2 Civility Principles:

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6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For Information about Seal Beach, please see our city
website: www.sealbeachca.gov
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Identification of Fees Proposed to Increase by More than 10% Notes for Reviewer:

Fees Proposed to Increase by More than 10% are highlighted in Yellow.

A rationale for all proposed changes of more than 10% is included for each change.

Fee Description Page
UTILITY BILLING FEES 1
SEWER AND WATER FEES 3
POLICE DEPARTMENT FEES 4
ANIMAL CONTROL FEES 6
PARKING FEES, RATES, AND CHARGES 8
PARKING VIOLATION FINES AND FEES 9
RECREATION FEES 11
JUNIOR LIFEGUARD AND AQUATICS FEES 18
SPECIAL EVENT FEES 20
FILMING AND PHOTOGRAPHY FEES 21
ADMINISTRATIVE FEES 22
City of Seal Beach
Illustration of Proposed Changes
City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - UTILITY BILLING FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 1 Water - New Customer Application $22 $37 $35 $13 59% Align charge to cost of service for utility account setup. One time charge.
2 Late Payment Penalty for Water Bills Paid After 35 Days 10% of Total Water Bill
10% of Total
Water Bill
$0 0%
3 Door Tag Fee (applicable after door has been tagged twice in a twelve month period, i.e., commences at third tag)
$30 $125 $30 each $0 0% [a]
4 Water Turn Off/Turn On
a) Service Charge (before 5:00 p.m.)
i) Low Income $50 $143 $54 $4 8% [b]
ii) All Others $119 $143 $125 $6 5%
b) Service Charge (after 5:00 p.m.)
i) Low Income $150 $318 $163 $13 8% [b]
ii) All Others $238 $318 $275 $37 16% Only applies to "after hours" requests. 2- hr minimum for staff time.
5 Water Tampering
a) Meter Pull
i) 1" < $119 $125 $125 $6 5% [c]
ii) 1.5" - 2" $238 $250 $250 $12 5% [c]
iii) 3" $714 $750 $750 $36 5% [c]
iv) > 4" $952 $1,000 $1,000 $48 5% [c]
b) Meter Re-Install
i) 1" < Actual Cost $250, plus actual
cost of meter
$250, plus actual
cost of meter
[c]
ii) > 1" Actual Cost T&M, plus actual
cost of meter
T&M, plus actual
cost of meter
[c]
c) Lock Off $85 $125 $125 $40 47% [c]
d) Replacement of Cut Off Lock $85 $125 $125 $40 47% [c] 6 Emergency Call Out T&M w/ $250
minimum
$300 $150 per hour; 2
hr. minimum
n/a
7 Water Conservation Enforcement for Second Violation
During a Water Conservation Phase
15% of Violator's
Water Bill
15% of Violator's
Water Bill
$0 0%
8 Rates for Services Not Specified in this Schedule
a) Utility Billing Personnel varies $110 $110 per hour
b) Utility Maintenance Personnel
i) Regular varies $125 $125 per hour
ii) Overtime varies $150 $150 per hour; 2-hr
min.

Activity Description
Align to cost of service for staff time
associated with dealing with customer noncompliance.
1 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - UTILITY BILLING FEES
Activity Description Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note [a] Additionally, such customer that is assessed the tag charge may be required to pay a deposit equal to 1.5 times the highest water bill in the last twelve month period. [b] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150). These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021. [c] Fees listed are based on the estimated number of hours required to perform a standard service request and the typical cost of materials required to perform the requested service. For service requests that are anticipated to require efforts or materials, in excess of those typically required, the Department reserves the right to bill the service recipient, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. 2 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - SEWER AND WATER FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 1 Meter Test
a) 3/4" - 1" Meter $102 $393 $250 each $148 145% [a]
b) 1/5" - 2" Meter $102 $518 $350 each $248 243% [a]
2 Utilities Field Inspection (e.g. sewer connection / water service and connection)
a) Typical Single Family Residential Review
i) Regular T & M - varies $184 $184 per inspection [b]
ii) Overtime T & M - varies $221 $221 per hr.; 2 hr.
minimum
[b]
b) All Others T & M - varies varies T&M w/ Deposit [b]
3 Water and/or Sewer Connection Materials Actual Cost
+ 20% Admin Fee
varies Actual Cost
+ 20% Admin Fee
[a] Test amount refundable if meter is found to be defective. [b] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application.

Activity Description
High cost of service. Continue to target
less than full cost recovery. Fully
refundable if meter is found to be
defective. Proposed fees in-line with
amounts charged by other regional
agencies.
3 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - POLICE FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note Alarm System Application
1 The following will be charged for alarm system applications (July 1st - June 30th)

a) Indirect Alarm – Business Permit $43 $113 $45 $2 4%
b) Indirect Alarm – Resident Permit $33 $113 $34 $1 4%
2 False Alarm – penalties will be assessed in the event of the following

a) 1st and 2nd false alarms calls No Charge $390 No Charge $0 0% b) 3rd false alarm call $124 $195 $129 $5 4%
c) 4th false alarm call $182 $195 $189 $7 4%
d) 5th false alarm call $289 $195 $300 $11 4%
e) 6 or more false alarm calls $405 $195 $421 each $16 4% Traffic Collision Reports
3 The following fees will be charged for copies of all
investigative reports performed on traffic collisions

a) Non-resident $52 $57 $55 $3 6%
b) Resident $22 $57 $25 $3 14%
c) Miscellaneous Police Reports (Resident) $22 $57 $25 $3 14% Other
4 Citation Sign-off $21 $49 $20 per sign-off ($1) -5%
5 Repo Receipt (CGC 41612) $15 $15 per receipt $0 0% [a] 6 Fingerprint Cards
a) City $47 $57 $49 $2 4%
b) Department of Justice $32 $32 $0 0% [a]
c) FBI, if applicable $17 $17 $0 0% [a]
7 Passport (Clearance Letter) $45 $57 $47 $2 4%
8 Photographs
a) Digital reprints or digitally scanned photos $47 $57 $55 $8 17% $8 increase. Align fees to cost of service. b) Digital audio file reproduction $47 $57 $55 $8 17%
c) Video file reproduction $47 $57 $55 $8 17%
d) Reprints of 35 mm photos $47 $57 $55 $8 17%
Activity Description
$3 increase. Continue to target less than
full cost recovery for residents.
4 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - POLICE FEES
Activity Description Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 9 Vehicle Storage (No checks accepted)
a) Signed vehicle storage release form $120 $252 $140 per copy $20 17% $20 increase. Incremental adjustment.

Continue to recover less than full cost of
service.
b) Signed vehicle impound release and administrative
overhead associated with a 30 day impound
$220 $252 $240 per copy $20 9%
10 Firearm Storage $125 $125 annual $0 0%
11 Blood Collection Cost Recovery Actual Cost Actual Cost $0 12 Day Witness Fee Deposit (Subpoena Fee)
a) Peace Officer $275 $275 $0 0% [a]
b) City Employees $275 $275 $0 0% [a]
13 Evidence Collection Cost Recovery $30 plus Actual
Cost
$30 plus Actual
Cost
$0
[a] Amounts shown are intended to mirror fees authorized by other agencies. If there is a discrepancy between amounts shown in this schedule and amounts authorized by other agencies (e.g., DOJ, FBI, State of California), amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 5 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - ANIMAL CONTROL FEES
Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note

DOG LICENSE
1 Dog License
a) Non-Senior Citizen Rate
i) unaltered $103 $108 $5 5%
ii) altered $31 $36 $5 16% $5 increase to recover new vendor charge. b) Senior Citizen Rate
i) unaltered $49 $54 $5 9%
ii) altered $15 $18 $3 21% $3 increase. Increase to recover share of new vendor charge. Discounted rate for seniors.

IMPOUND FEES
2 Licensed Dogs
a) 1st Impound $33 $50 $17 52%
b) 2nd Impound $33 $75 $42 127%
c) 3rd Impound $33 $100 $67 203%
d) Female Dog In Season n/a Add $25 to base fee varies
3 Unlicensed Dogs
a) 1st Impound $33 $75 $42 127%
b) 2nd Impound $33 $100 $67 203%
c) 3rd Impound $33 $125 $92 279%
d) Female Dog In Season n/a Add $25 to base fee varies
4 Dangerous Animal
a) 1st Impound $33 $100 $67 203%
b) 2nd Impound $33 $125 $92 279%
c) 3rd Impound $33 $150 $117 355%
d) Female Dog In Season n/a Add $25 to base fee varies

BOARD AND CARE FEES
5 Board and Care $11 - $16 / day $20 per day varies 25% - 80% Align to increases in services and supplies costs.

Animal cost recovery is less than 20%
[a]
6 Veterinary Services
a) Rabies Vaccination Actual Cost Actual Cost
b) Relative Value unit Actual Cost Actual Cost
c) Other procedures (x-ray, lab, etc.) Actual Cost Actual Cost d) Medical or surgical care Actual Cost Actual Cost
e) Euthanasia (request by owner) $31 plus Actual Cost Actual Cost Activity Description
Fees only apply for impounded animals. Fees are
proposed to scale to encourage responsible
animal ownership. Animal control cost recovery is
less than 20%.
6 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - ANIMAL CONTROL FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 7 Dog Park
a) Non-resident use – annual
i) unaltered $41 $50 $9 22%
ii) altered $21 $25 $4 19%
b) Fine for Violation of Dog Park Rules varies $50 varies 8 Non-domestic Animal Permit $62 $110 $48 77% Recover costs associated with review of requests for keeping of non-domestic animals.
[a] Board and care fees shall also apply for any animals quarantined at City facilities or contracted City facilities (i.e., non-home quarantines).

Fee only applies to non-resident use. Animal
control cost recovery is less than 20%.
7 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - PARKING FEES, RATES, AND CHARGES Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note Beach Parking Services (pay and display of pay by plate) 1 Beach parking lots daily rates
a) Automobiles/motorcycles (under 20 ft.) $2 per hour;
$10 maximum per
day
$2 per hour;
$10 maximum per
day
$0 0%
b) Rates for automobiles/motorcycles parking after 6:00 p.m. $4 $4 $0 0% 2 Annual parking passes, for day use only, entitles the holder to daily parking in any beach lot and valid 12 months from date of purchase

a) Seal Beach residents $117 $117 $0 0%
b) Non-residents $180 $180 $0 0%
c) Resident senior citizen with annual gross income less than $35,000 annual beach pass
$70 $70 $0 0%
d) Non-resident senior citizen with annual gross income less than $35,000 annual beach pass
$108 $108 $0 0%
3 Disabled parking see note [a] see note [a] $0 0% [a]
Miscellaneous Rate Information
4 Miscellaneous Rate Information
a) The City Manager is authorized to charge amounts less than the rates specified, for certain days or certain times of day, if he or she determines that a lower rate is appropriate.

b) Beach rates may fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed $36 per vehicle per space. $33 $36 per space $3 9%
c) Use and fees for beach parking for special events are subject to arrangements through Community Services.

d) Electric Vehicle charging station $3.44 $3.44 per hour $0 0% 5 Metered City Municipal Lots (pay and display or pay by plate) $1 $1 per hour $0 0% Parking Permits [b]
6 The following rates are charged for annual parking permits a) Resident $20 $20 $0 0%
b) Guest (limit 2 per residence) $30 $30 $0 0%
c) Business (Merchant) $50 $50 $0 0%
d) Contractor $60 $60 $0 0%
e) Oil Platform Worker/Sub-Contractor (Overnight Parking) $300 $300 per month $0 0% Activity Description
[a] any disabled person displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the 1st, 8th, and 10th Street ocean-front Municipal Parking Lots without being required to pay parking fees. The vehicles must be parked in the marked Handicapped Parking stalls (unless all stalls are full at the time of entry into the lot). The disabled parking exemption is only for vehicles under 20 ft. in length and does not cover trailers, campers, and/or fifth wheelers attached to the vehicle. If more than one (1) parking space is used the regular daily beach user charge must be paid for the 2nd space used.
[b] Resident Permits are issued each year (November 1st through October 31st) and are not prorated. Merchant Permits are issued each fiscal year (July 1st to June 30th) and not prorated. 8 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - PARKING VIOLATIONS
# Code Description Current Fine Proposed Fine Fine Change Fee Change % Rationale for Change In Excess of 10% Note 1 8.15.100 SBMC Surfside - Fire Hydrant $52 $54 $2 4%
2 8.15.080 SBMC Parking in Alley $52 $54 $2 4%
3 8.15.105 SBMC Expired Meter $52 $54 $2 4%
4 8.15.010 SBMC Parkway Violation $52 $54 $2 4%
5 8.15.010 SBMC Red Curb/Sign Violation $52 $54 $2 4%
6 8.15.010 SBMC Traffic Hazard $52 $54 $2 4%
7 8.15.010 SBMC Traffic Hazard Private/Public Property $52 $54 $2 4% 8 8.15.010 SBMC Blocking Entrance to Garage $52 $54 $2 4% 9 8.15.010 SBMC Street Sweeping $52 $54 $2 4%
10 8.15.010 (d) SBMC Parked Over White Line - Surfside $52 $54 $2 4% 11 8.15.020 SBMC Failure to Park in Marked Stall $52 $54 $2 4% 12 8.15.025 SBMC 72 Hour Parking Violation $52 $54 $2 4% 13 8.15.030 SBMC Repairing Vehicle on Street $52 $54 $2 4% 14 8.15.105 SBMC Parking/Driving on Private Property $52 $54 $2 4% 15 8.15.050 SBMC Parking in Violation of Special Event Signs $52 $54 $2 4% 16 8.15.055 SBMC Green Curb $52 $54 $2 4%
17 8.15.055 SBMC One Hour Parking Violation $52 $54 $2 4% 18 8.15.055 SBMC Two Hour Parking Violation $52 $54 $2 4% 19 8.15.115 SBMC Diagonal Parking / Not in Lines $52 $54 $2 4% 20 8.15.115 SBMC Diagonal Parking / 6" from Curb $52 $54 $2 4% 21 8.15.065 SBMC Parking on City Property $52 $54 $2 4% 22 8.15.065 SBMC City Property / Loading / Unloading Zone $52 $54 $2 4% 23 8.15.065 SBMC City Property / Permit Required - Riviera $52 $54 $2 4% 24 8.15.105 SBMC Excessive Vehicle Length $52 $54 $2 4% 25 8.15.085 SBMC Parking an Oversize Vehicle $52 $54 $2 4% 26 8.15.085 SBMC Parking an Unattached Trailer $52 $54 $2 4% 27 8.15.090 SBMC Illegal Commercial Vehicle Parking $82 $85 $3 4% 28 8.20.010 (b-c) SBMC Parking Without Paying (Beach Lots) $52 $54 $2 4% 29 21113 (a) CVC On School Grounds, Obey Signs $52 $54 $2 4% 30 21211 (a) CVC Parking in a Bike Lane $52 $54 $2 4%
31 22500.1 CVC Parking in a Fire Lane $52 $54 $2 4%
32 22500 (a) CVC Parking in an Intersection $52 $54 $2 4% 33 22500 (b) CVC Parking in a Crosswalk $52 $54 $2 4%
34 22500 (e) CVC Parking Across a Driveway $52 $54 $2 4% 35 22500 (f) CVC Parking on a Sidewalk $52 $54 $2 4%
9 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - PARKING VIOLATIONS
# Code Description Current Fine Proposed Fine Fine Change Fee Change % Rationale for Change In Excess of 10% Note 36 22500 (h) CVC Double Parking $52 $54 $2 4%
37 22500 (i) CVC Parking in a Bus Stop $336 $349 $13 4% 38 22500 (k) CVC Parking on a Bridge $52 $54 $2 4%
39 22502 (a) CVC Parking More than 18" from Curb $52 $54 $2 4% 40 22505 (b) CVC Illegal Parking on State Highway $52 $54 $2 4% 41 22507.8(a) CVC Handicap Parking Violation $336 $349 $13 4% 42 22507.8 (c) CVC Obstructing Disabled Parking Spot $336 $349 $13 4% 43 22514 CVC Fire Hydrant Violation $82 $85 $3 4%
44 22515 (a) CVC Leaving Vehicle with Engine Running $52 $54 $2 4% 45 22522 CVC Illegal Parking at Access Ramp $336 $349 $13 4% 46 22523 CVC Abandoned Vehicle $124 $129 $5 4%
47 27155 CVC No Gas Cap $52 * $54 * $2 * 4%
48 4000 (a) CVC Expired Registration $82 * $85 * $3 * 4% 49 4462 (b) CVC Display False Registration $124 $129 $5 4% 50 4464 CVC Altered Plate $82 $85 $3 4%
51 5200 CVC Missing Plate $52 * $54 * $2 * 4%
52 5201 (e) CVC Plate Obstructed $52 * $54 * $2 * 4%
53 5204 (a) CVC Missing Registration Tab $52 * $54 * $2 * 4% 54 26708 (a) CVC Obstructed View thru Windshield $52 $54 $2 4% 55 26710 CVC Defective Windshield $42 * $44 * $2 * 4%
56 27465 (b) CVC Unsafe Tires $42 * $44 * $2 * 4%
57 Late Payment Penalty $28 $28 $0 0%
58 Court Fees Per Citation $12 $12 $0 0% [a]
59 Parking Violation Corrected Citation
a) Handicap Corrected Violation (CVC 40226) $25 $25 $0 0% [a] b) All Others $10 $10 $0 0% [b]
* Reduced to $10 with proof of correction 21 days.
[b] Per equipment violation.
[a] Amounts shown are intended to mirror fees authorized by other agencies, and/or California Vehicle Code. If there is a discrepancy between amounts shown in this schedule and amounts authorized by Court, or State of California, amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 10 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note A. Community Center Facilities
1 Non-Profit / Resident Meetings of Civic or Service
Organizations
a) Up to Two Meetings Per Month $155 $161 annual fee $6 4% b) Each Additional Meeting $13 $14 per hour $1 8%
2 Resident Activities
a) Large Room $36 $37 per hour $1 3%
b) Small Room $26 $27 per hour $1 4%
c) Cleaning $75-$150 $100 - $300 based on usage varies 33% - 100% Based on anticipated increase in contract service costs.
d) Staff $20-$40 $30 per hour, per staff person varies -25% - 50% Establish fixed amount instead of range for ease of administration.
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
3 Non-Resident Activities
a) Large Room $57 $59 per hour $2 4%
b) Small Room $41 $43 per hour $2 5%
c) Cleaning $75-$150 $100 - $300 based on usage varies 33% - 100% Based on anticipated increase in contract service costs.
d) Staff $20-$40 $30 per hour, per staff person varies -25% - 50% Establish fixed amount instead of range for ease of administration and forecasting.
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
4 Commercial or Profit Making Activities
a) Large Room $113 $117 per hour $4 4%
b) Small Room $57 $59 per hour $2 4%
c) Cleaning $150 $100 - $300 based on usage varies -33% - 100% Based on anticipated increase in contract service costs.
d) Staff $20-$40 $20-$40 per hour, per staff person varies 0% e) Security Deposit $250 or $500 $250 or $500 $0 [a]
5 Liability / Special Event Insurance Proof of Certificate of Insurance with City
as Additional Insured
Proof of Certificate of
Insurance with City
as Additional Insured
n/a
Activity Description
11 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note B. Senior Center and Fire Station 48 Community Room
1 Recreation Sponsored or Co-Sponsored Activity/Meeting No Charge No Charge $0 0% 2 Resident Non-Fund Raising Activities of Civic or Service Organizations
$155 $161 annual fee $6 4%
3 Resident Fund Raising Activities of Civic or Service
Organizations
a) Rental Rate $36 $37 per hour $1 3%
b) Cleaning Charge $75-$150 $100 - $300 based on usage varies 33% - 100% Based on anticipated increase in contract service costs.
4 Non-Resident Non-Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $49 $51 per hour $2 4%
b) Cleaning Charge $50-$150 $100 - $300 based on usage varies 100% Based on anticipated increase in contract service costs.
5 Non-Resident Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $57 $59 per hour $2 4%
b) Cleaning Charge $75-$150 $100 - $300 based on usage varies 33% - 100% Based on anticipated increase in contract service costs.
6 Additional Fees
a) Key Deposit $100 $100 $0
b) Alcoholic Beverages Served at Non-City Functions $35 $35 Additional $0 0% c) Liability / Special Event Insurance Proof of Certificate of Insurance with City
as Additional Insured
Proof of Certificate of
Insurance with City
as Additional Insured
n/a
12 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note C. Recreation Program See Note See Note n/a [b]
D. Reserved Use of Municipal Athletic Facilities
1 All Community Parks, No Use of Lights
a) Youth Resident Groups with Non-Profit Status $16 $17 per hour $1 6% b) Youth Non-Resident Groups $26 $27 per hour $1 4%
c) Adult Resident Groups $36 $37 per hour $1 3%
d) Adult Non-Resident Groups $46 $47 per hour $1 2%
e) Business Use $88 $94 per hour $6 7%
2 All Community Parks, Including Use of Lights
a) Youth Resident Groups with Non-Profit Status $36 $37 per hour $1 3% b) Youth Non-Resident Groups $46 $47 per hour $1 2%
c) Adult Resident Groups $57 $57 per hour $0 0%
d) Adult Non-Resident Groups $67 $67 per hour $0 0%
e) Business Use $114 $124 per hour $10 9%
3 Maintenance of Zoeter Ball Diamond $46 $48 per day, per field $2 4% 4 Rental of Bases $27 $28 per day, $125 min. deposit $1 4% 5 Gymnasium
a) Youth Resident Groups with Non-Profit Status $17 $18 per hour $1 6% b) Youth Non-Resident Groups with Non-Profit Status $29 $30 per hour $1 3% c) Youth Resident Groups for Private Use $29 $30 per hour $1 3% d) Adult Resident Groups $39 $40 per hour $1 3%
e) Adult Non-Resident Groups $57 $59 per hour $2 4%
f) Business Use $67 $70 per hour $3 4%
6 Heather and Marina Tennis Courts
a) Youth Resident Groups $17 $17 per hour $17
b) Youth Non-Resident Groups $22 $22 per hour $22
c) Adult Resident Groups $33 $33 per hour $33
d) Adult Non-Resident Groups $38 $38 per hour $38
e) Business Use $67 $67 per hour $67
13 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 6 Outdoor Basketball Courts
a) Youth Resident Groups with Non-Profit Status $13 $13 per hour $0 0% b) Youth Non-Resident Groups $17 $18 per hour $1 6%
c) Adult Resident Groups $27 $26 per hour ($1) -4%
d) Adult Non-Resident Groups $37 $31 per hour ($6) -16% e) Business Use $64 $62 per hour ($2) -3%
7 Beach Volleyball Courts
a) Youth Resident Groups with Non-Profit Status $12 $13 per hour $1 8% b) Youth Non-Resident Groups $15 $18 per hour $3 20% $3 increase. Aligning to charge for other outdoor uses.
c) Adult Resident Groups $25 $26 per hour $1 4%
d) Adult Non-Resident Groups $30 $31 per hour $1 3%
e) Business Use $60 $62 per hour $2 3%
E. Edison Community Garden $75 $80 per year, per plot $5 7% 14 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note F. Tennis Center
1 Tennis Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0 0%
b) Single Membership
i) Per Month $110 $110 $0 0%
ii) Annual $1,210 $1,210 $0 0%
c) Couple Membership
i) Per Month $130 $130 $0 0%
ii) Annual $1,430 $1,430 $0 0%
d) Family Membership
i) Per Month $140 $140 $0 0%
ii) Annual $1,540 $1,540 $0 0%
e) Junior Membership
i) Per Month $60 $60 $0 0%
ii) Annual $660 $660 $0 0%
2 Tennis Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0 0%
b) Single Membership
i) Per Month $110 $132 $22 20%
ii) Annual $1,210 $1,452 $242 20%
c) Couple Membership
i) Per Month $130 $156 $26 20%
ii) Annual $1,430 $1,716 $286 20%
d) Family Membership
i) Per Month $140 $168 $28 20%
ii) Annual $1,540 $1,848 $308 20%
e) Junior Membership
i) Per Month $60 $72 $12 20%
ii) Annual $660 $792 $132 20%
Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.

Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.

Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.
15 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 3 Pickleball Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0 0%
b) Single Membership
i) Per Month $45 $55 $10 22%
ii) Annual $495 $605 $110 22%
c) Couple Membership
i) Per Month $65 $65 $0 0%
ii) Annual $715 $715 $0 0%
d) Family Membership
i) Per Month n/a $70 n/a
ii) Annual n/a $770 n/a
e) Junior Membership
i) Per Month n/a $30 n/a
ii) Annual n/a $330 n/a
4 Pickleball Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0 0%
b) Single Membership
i) Per Month $45 $66 $21 47%
ii) Annual $495 $726 $231 47%
c) Couple Membership
i) Per Month $65 $78 $13 20%
ii) Annual $715 $858 $143 20%
d) Family Membership
i) Per Month n/a $84 n/a
ii) Annual n/a $924 n/a
e) Junior Membership
i) Per Month n/a $36 n/a
ii) Annual n/a $396 n/a
Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.

Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.

Adjust to align pickleball membership rates to
50% of tennis membership rates.
16 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note 5 Pickleball Non-Member Daily Drop-In Fee $3 $5 per person per day $2 67% $2 increase. 6 Tennis Guest Fee / Daily Drop-In Fee
a) With Member (once per month) $13 $13 Once per month $0 0% b) During General Public Hours $10 $10 per person per day $0 0% 7 Court Rental Fee
a) 12 p.m. - 5 p.m. $12 $12 per hour per court $0 0%
b) 5 p.m. - 9:30 p.m. $15 $15 per hour per court $0 0%
c) Business or Non-Resident Use $12 - $15 $30 per hour per court n/a 100% - 150% Establish premium for commercial or nonresident rental. 8 Ball Machine Rental
a) Member $10 $10 per hour $0 0%
b) Non-Member $20 $20 per hour $0 0%
c) Junior Use $8 $8 per hour $0 0%
9 Fitness Membership
a) One Time Admin Sign-Up Fee $55 $55 $0 0%
b) Resident Membership
i) Per Month $25 $25 $0 0%
ii) Annual $275 $275 $0 0%
c) Non-Resident Membership
i) Per Month $25 $30 $5 20%
ii) Annual $275 $330 $55 20%
[a] Rentals of 75 people or more, or having alcohol present, require two staff members to be present and a security deposit of $500. Rentals with less than 75 people and without alcohol require a security deposit of $250. [b] Fees shall be based on type of program, number of participants and instructors, officials, etc. required in the program; and shall be based on full cost recovery where feasible including administrative costs.

Note: Special event charges are imposed by the management and are not governed in this Cost resolution.

Establish non-resident rate. Non-resident rate
will be 20% higher than resident rate.
17 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - JUNIOR LIFEGUARD AND AQUATICS FEES Current Fee Proposed Fee Charge Basis Change Fee Change % Rationale for Change In Excess of 10% Note Junior Lifeguard Program
1 Resident
a) First child $575 $635 $60 10%
b) Second and subsequent sibling $550 $610 per child $60 11% 2 Non-resident
a) First child $600 $685 $85 14%
b) Second and subsequent sibling $575 $660 per child $85 15% 3 City of Seal Beach Employee (Dependent) 50% Discount 50% Discount 4 City of Seal Beach Employee, Junior Lifeguard Instructor (Dependent)
Free Free 0%
5 Preparation swim class $150 $175 $25 17% Increased personnel costs for seasonal workers. 6 Conditioning swim class $150 $175 $25 17% Increased personnel costs for seasonal workers. 7 Last Chance swim class $75 $100 $25 33% Increased personnel costs for seasonal workers.

Activity Description
Increased personnel costs for seasonal workers;
increased services and supplies costs associated
with program (e.g., new backpack now provided
to participants. Program is operating at capacity.
18 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - JUNIOR LIFEGUARD AND AQUATICS FEES Activity Description Current Fee Proposed Fee Charge Basis Change Fee Change % Rationale for Change In Excess of 10% Note Swimming Pool
1 Recreation and Family Swim Summer Pass (Up to 6 People) a) Resident $30 $30 per family $0 0%
b) Non-Resident $60 $60 per family $0 0%
2 Lap Swim
a) 16 Swim Pass
i) Youth $40 $40 per pass $0 0%
ii) All Others $80 $80 per pass $0 0%
b) 34 Swim Pass $136 $136 per pass $0 0%
c) Annual Swim Pass $300 $300 per pass $0 0%
d) Lost Pass Replacement $10 $10 per pass $0 0%
3 Swim Instruction
a) Resident $75 $75 $0 0%
b) Non-Resident $100 $100 $0 0%
c) Competitive Instruction Pool Use $55 $55 per hour $0 0% 4 Weekend Pool Party Rentals (2-hour supervised rental) a) Resident - 40 participants or less $220 $220 $0 0%
b) Non-Resident - 40 participants or less $240 $240 $0 0% 5 Aquatics Class $155 $175 $20 13% Increased personnel costs for seasonal workers. 6 Liability / Special Event Insurance Proof of Certificate of Insurance with City as
Additional Insured
Proof of Certificate of
Insurance with City as
Additional Insured
n/a
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. 19 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - SPECIAL EVENT FEES
Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note Special Activity Request Application
1 Weddings and wedding receptions, memorial services, and other group activities involving 25 persons or more (including, but not limited to, City Hall Courtyard and public beach) - outdoor ceremonies are subject to City scheduling
a) Resident $134 $147 per hour $13 10%
b) Non-Resident $268 $295 per hour $27 10%
c) Commercial $438 $482 per hour $44 10%
2 Banner Placement Activities Actual Costs
plus $100 deposit
Actual Costs
plus $110 deposit
$10 10%
3 Booth space for special events sponsored by the Community Services Department
a) Non-Profit Group $57 $63 $6 10%
b) For-Profit Group $113 $124 $11 10%
4 Special Event Public Noticing $108 $119 $11 10%
5 Special Event Reserved Parking Fee
a) September 16th through May 14th $25 $28 per space $3 10% b) May 15th through September 15th $33 $36 per space $3 10% Other
6 Street Closure (Refundable Guaranty) $750 minimum
deposit
See note
$825 minimum
deposit
See note
$75 [a]
7 Park Damage (Refundable Guaranty) $750 minimum
deposit
See note
$825 minimum
deposit
See note
$75 [b]
8 Special Events
a) Power Turn On for Special Events $60 $66 $6 10%
b) Pier Restroom Cleaning (each occurrence) $100 $110 $10 10% c) Building Facility Cleaning (each occurrence) $100 $110 $10 10% d) Street Sweeping (after Special Events 2 hr. minimum) $210 $231 $21 10% [a] Deposit is for each block of street closed to cover clean up and/or damage costs. Unused deposit amount is refundable. [b] Deposit is for use of parks or beach for special events. Larger deposits may be conditioned depending upon the size and the scope of the event. Unused deposit amount is refundable.

Activity Description
Incremental adjustments proposed for special
event, and commercial film/photography
permitting.
20 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - FILMING AND PHOTOGRAPHY FEES Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note A. Commercial Still Photography
1 Permit Application
a) Student (need instructor verification) $25 $28 $3 10% b) Professional Commercial Film and/or Video Production $75 $83 $8 10% 2 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 per fiscal year $0 0%
3 Location Fee - General $125 $138 per day $13 10%
B. Motion Picture, Including Video
4 Permit Application
a) Student (need instructor verification) $100 $110 $10 10% b) Professional Commercial Film and/or Video Production $175 $193 $18 10% 5 Expedited Film Permit $350 $385 $35 10%
6 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 per fiscal year $0 0%
7 Use of City Property - In Addition to General Location [a] a) Beach, Pier, and/or Park Area $350 $385 $35 10%
b) Lifeguard Station - Interior $215 $237 $22 10%
c) City Hall $215 $237 $22 10%
d) City Jail $525 $578 $53 10%
e) Deposit for staff time and/or property damage) $500 $550 minimum deposit amount
$50 10% [b]
8 Use of City Personnel Reimbursed at FullyBurdened Hourly RateReimbursed at FullyBurdened Hourly Rate$0 9 Use of City Equipment and Vehicles Reimbursed at Market Rental Rates
Reimbursed at Market
Rental Rates
$0
10 Use of City Parking Lots
a) September 16th through May 14th $25 $28 per space $3 10% b) May 15th through September 15th $33 $36 per space $3 10% [a] Use of other City property will be charged applicable fees identified elsewhere in this schedule or by determination of the City Manager's Office. [b] Deposit will be determined based upon the scope of the production and will be inclusive of set-up and striking.

Activity Description
Incremental adjustments proposed for
special event, and commercial
film/photography permitting.
21 City of Seal Beach

BEFORE AND AFTER ILLUSTRATION - ADMINISTRATIVE FEES
Current Fee Proposed Fee Charge Basis Fee Change Fee Change % Rationale for Change In Excess of 10% Note A. Documents
1 Copy Charge
a) 8.5" x 11" $0.25 $0.25 per page $0.00 0%
b) 8.5" x 14" and 11" x 17" $0.50 $0.50 per page $0.00 0% c) Color Copies $0.50 $0.50 per page $0.00 0%
2 Preparation of Electronic Media $8 $8 per USB $0 0%
3 Preparation of Custom Reports Actual Hourly Cost Actual Hourly Cost per request $0 0% 4 Municipal Code, Master Plans, Budget Reports, Etc. Actual Cost Available Online $0 0% 5 Economic Interest Disclosure and Campaign Statements $0.10 $0.10 per page $0.00 0% [a] 6 Candidate Filing Fee $25 $25 $0 0% [b]
7 Notice of Intent to Circulate Petition $200 $200 $0 0% [c] 8 Certified Copy of City Document $8 $8 $0 0%
9 Residency Verification $8 $8 $0 0%
10 Credit Card Processing Fee 3% 3% Percent of fees paid by credit card
$0 0%
11 Postage Actual Cost Actual Cost per request $0 0% [d] B. Returned Items
1 Returned Items / Non-Sufficient Funds Transactions / Etc. $25 for first; $35 each additional
$25 for first; $35 each
additional
$0 0%
C. Infraction / Administrative Penalties
1 Infraction Penalty - In a 12 month time period
a) First Offense $500 $500 $0 0%
b) Second Offense $750 $750 $0 0%
c) Third Offense $1,000 $1,000 $0 0%
2 Administrative Penalty - In a 12 month time period
a) First Offense $100 $100 $0 0%
b) Second Offense $200 $200 $0 0%
c) Third Offense $500 $500 $0 0%
3 Administrative Hearing Deposit $1,500 $1,500 $0 0%
[a] Government Code Section 81008.
[b] Elections Code Section 10228. Fee is non-refundable. [c] Elections Code Section 9202. Fee is refundable.
[d] All mail requests shall have the cost of postage added to the charge set forth.

Activity Description
22 Questions for September 12, 2022, City Council Meeting Sustarsic Warrants:
# 1693 8/8/22 Quinn Power Systems $ 12,555.93
Inspect & Repair Engine not starting
Which vehicle was this for?
This item is to repair our Adolfo Lopez Sewer Lift Station generator. # 1731 8/18/22 Hadronex Inc $ 18,534.00
Renewal: Smart Rain Continued rain data
What was this for?
This invoice is for our annual SmartCover subscription. The SmartCovers are installed at selected sewer manholes to detect flow levels and notifies the City if it surpasses a set detection limit. # 1757 8/25/22 Parkeon Inc $ 59,314.50
S4 Plus Meter/ Stealth Tch S4
What was this for?
On May 23rd the City Council approved a professional services agreement with Parkeon for replacement of single space meters with pay stations for a contract amount not-to-exceed $99,115.00. This will eliminate 72 single space meters and replace them with six (6) pay This will also upgrade the pay stations in the 1st, 8th, and 10th Street beach parking lots. Maintenance of the single space meters is increasing as the technology becomes outdated. Fewer machines is fewer machines to maintain and fix when problems occur. This is a projected long-term savings of $20,104.83, as a result of moving from the single space meters to pay stations. For clarity, Flowbird and Parkeon are the same company. # 24482 8/18/22 Ortco, Inc $ 20,555.00
Marina Park Equipment Replacement
Which equipment was replaced?
This is for the replacement of Marina Park play surfacing. In addition, new stairs and barricade bars were replaced from the existing play equipment.
# 24707 9/1/22 City of Seal Beach $133,525.82
Cycle 9/6/21 to 8/19/22
and Cycle 10/16/22 to 8/19/22
What is this for?
The higher consumption spike was due to a leak at Arbor Park, which has now been repaired
Item F. What kinds of public outreach will Z&K perform? A pre-construction meeting with residents to discuss the start and completion dates of the project, and construction activities that may affect them? Which residents and businesses in the vicinity would be included, in terms of distance from the SBTPC?
I appreciate the offer of a 24-hour hotline and email address. Depending on hours of construction work, locations of access needed to the SBTPC and parking of construction vehicles, residents of the Old Ranch Townhomes and Aster and Bluebell Streets will be impacted.

Local resident, business, and Tennis and Pickleball Center user notification prior to the commencement of construction and throughout the entire process.

Weekly Newsletter including construction activities performed the week prior. o Weekly updates will be published on City website via project specific page.

Conduct/facilitate public outreach workshops as needed
Tropical
Cyclone Kay
Debrief
September 12, 2022
National Weather
Service
• Heavy rain developing Friday, and
continuing into Saturday
• Strong east winds develop on
Friday and peak in afternoon,
continuing into Saturday
• Urban flooding potential
Notification & Communication
• City Press Release
• City of Seal Beach Website
• Police PIO Press Coordination
• OCFA PIO Coordination
• Three (3) electronic warning signboards
• Nixel (text 888777 w/zip code 90740)
• Seal Beach Police Department Social Media
• Seal Beach Lifeguard Social Media
• Continuous Watch Commander Storm Directives
Storm Preparation
• OCFA/City Berm Construction
• Storm Water Pump Deployment
• Sandbag Filling Stations
• Beach & Parking Lot Closures
• Catch Basin Cleaning
• West End Pump Station
• Beach Trash Receptacles
Collection
• Authorized Extra Police Patrolling
• Authorized Stand-By Staff for
Emergency Deployment
Storm Impacts
• First sign of rain - Friday
afternoon
• 0.2 – 0.5” rain
• Tidal conditions were higher
due to low offshore pressure
• Flooding in beach areas
• Debris wash-up
• No reported property damage
• No reported tree damage or
down wires
• No reported injury or deaths
After Effects & CleanUp
• Boardwalk, Streets, Bike Trail and
Parking Lots Cleaning
• Beach Debris Removal and
Grooming
• Pump Removal
• Catch Basin & Pump Station
Clearing
• Trash Receptacle Reinstatement
Agenda Item A

AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the August 8, 2022 and August 29, 2022 City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 8, 2022 as well as the August 29, 2022 Special City Council meeting minutes.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

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

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 8, 2022 as well as the August 29, 2022 Special City Council meeting minutes.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Closed Session, August 8, 2022
B. Minutes – Regular Session, August 8, 2022
C. Minutes – Special City Council Meeting, August 29, 2022 Seal Beach, California
August 8, 2022
The City Council met in Closed Session at 5:30 p.m. in the teleconference.

ROLL CALL

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

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance
Gloria Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.

CLOSED SESSION
A. Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) City of Seal Beach v. California Resources Corporation, et al. Orange County Superior Court Case No. 37-2021-00023791-CU-MC-CTL
B. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Employee Organization(s): Orange County Employees Association Seal Beach Supervisors & Professionals Association

ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 6:59 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Joe Kalmick, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
August 8, 2022
The City Council met in regular session at 7:07 p.m. via teleconference.

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
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Acting Director of Public Works
Gloria Harper, City Clerk
Jennifer Robles, Management Analyst
Lauren Barich, Management Analyst
Ron Roberts, Orange County Fire Authority
Mayor Kalmick announced that Council Member Sustarsic requested that the City Council continue Item E – “Consideration by the City Council of a Resolution Finding that the Housing Element is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Adopted Housing Element is Inconsistent with the 2017 Airport Environs Land Use Plan.” Mayor Kalmick opened the public hearing and continued the item to a Special meeting to be held on August 29, 2022.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that four (4) supplemental items were received after the posting of the agenda that were distributed to the City Council and made available to the public.

Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to approve the agenda.

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

PRESENTATIONS / RECOGNITIONS
• Run Seal Beach Recognition of Winners:
o Rachelle Lee-Warner – 10K Female
o Dan Lasker – 10K Male
o Mya Lugo – 5K Female
o Gabriel Velasco – 5K Male
• Introduction of New Employees
o Conner Cassotta, Maintenance Aide
o Jason Vo, Office Specialist
o Michael McDonald, Police Services Manager
o TJ Blackledge, Senior Community Services Officer
o Justin Boice, Senior Community Services Officer
o Joshua Ang, Recreation Specialist
o Anthony Nguyen, Community Services Coordinator

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Stephanie Wade. Mayor Kalmick then closed oral communications.

City Clerk Harper announced that seventeen emailed comments were received after the posting of the agenda that were distributed to the City Council and made available to the public.

CITY ATTORNEY REPORT
City Attorney Steele indicated that all Council Members met in Closed Session to discuss the two items on the posted agenda and took no reportable action.

CITY MANAGER REPORT
City Manager Ingram highlighted several community events and the staff members who dedicated a significant amount of time and energy to support those event, and in many cases, above and beyond staff’s normal work schedules to ensure the success of the events.

The highlighted events included the Tennis and Pickleball Center Open House, the Summer Kick-Off event at Edison Park, Spikeball at the Beach, the Fish Fry, Summer Concert Series, Leisure World Health Expo, Parks Make Life Better Month, the Junior Lifeguard Barbecue, National Night Out at the Seal Beach Police Department, Edison Community Garden Clean-Up and Barbecue, and the Summer Send-Off at Heather Park.

COUNCIL COMMENTS
Council Member Sustarsic noted that she attended the National Night Out event at the Police Department, the Summer Send-Off at Heather Park, Edison Park Garden CleanUp, and Barbecue. She thanked staff for all the wonderful events.

Council Member Moore reported that he attended the Leisure World Health Expo, two Leisure World meetings related to mandated water restrictions, National Night Out at the Police Department, and the Edison Garden Clean-Up and Barbecue. He thanked staff for coordinating the events.

Council Member Massa-Lavitt noted that she attended the Leisure World Health Expo and thanked staff for their support with the event. She indicated that Orange County Vector Control gave notice to the directors that spraying would take place in Santa Ana due to the 80’s mosquito infestation. She concluded that the 80’s mosquitos are prevalent this year.

Mayor Pro Tem Varipapa reported that he attended the National Night Out event at the Police Department with his family and had a great time. He thanked staff for a wonderful event.

Mayor Kalmick indicated that he attended the National Night Out event at the Police Department and gave kudos to staff for a wonderful event. He noted that he attended the grand opening of the new City of Hope facility in Irvine with other Orange County mayors.

He also noted how fortunate we are to have a City of Hope facility here in Orange County.

He mentioned that they were breaking ground for the new $1 billion hospital that will be built next door to the City of Hope. Additionally, he indicated that he attended an Orange County Fire Authority meeting, and also noted that the City is embarking on an endeavor to curtail the pigeons in the hot spots throughout town.

COUNCIL ITEMS
There were no Council items.

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

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

B. Demands on City Treasury (Fiscal Year 2023) August 8, 2022 - Ratification.

C. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council, and City Boards and Commissions will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees and continue to review this matter periodically.

D. Authorizing Expenditures with EXP U.S. Services, Inc. for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), Pursuant to an On-Call Professional Services Agreement - That the City Council adopt Resolution 7323: 1. Authorizing the City Manager to approve expenditures in the not-to-exceed amount of $85,813 to EXP U.S. Services, Inc. for professional engineering design services for the Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301), pursuant to an On-Call Professional Services Agreement dated July 22, 2019; and, 2.

Authorizing the City Manager to approve additional work requests, in the notto-exceed amount of $10,000.

City Clerk Harper took a roll call vote to approve the consent calendar items.

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

PUBLIC HEARING
E. Consideration by the City Council of Resolution Finding that the Housing Element is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Adopted Housing Element is Inconsistent with the 2017 Airport Environs Land Use Plan - That the City Council: 1. Conduct the public hearing; and, 2. Adopt Resolution 7324 Finding that the Adopted Seal Beach General Plan 2021-2029 Housing Element (6 Cycle) is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Housing Element is Inconsistent with the 2017 Joint
Forces Training Base Los Alamitos Airport Environs Land Use Plan.

This item was continued to a Special City Council meeting to be held on August 29, 2022 at 7:00 pm.

F. Zone Text Amendment in the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue - That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve a Zone Text Amendment for the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue; and, 2. Introduce, waive full reading, and read by title only Ordinance 1696, an Ordinance amending the City of Seal Beach Municipal Code by revising Subsection D (Minimum Front and Interior Side Yards) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11.

Community Development Director Smittle provided a comprehensive background of the staff report. Council Members provided comments and questions were addressed.

City Attorney clarified that language should be “legal non-conforming” rather than using the term “grandfathered”, as properties referenced were legal when built but do not now conform to the code.

Mayor Kalmick opened the public hearing. Speakers: Michael Bixler, Jim Freimuth, Pete Polis, and Sally Bixler. Mayor Kalmick closed the public hearing.

Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt , to approve a Zone Text Amendment for the Residential Low Density (RLD-9) Zone District along the "Gold Coast" Area of Ocean Avenue; and, introduce, waive full reading, and read by title only Ordinance 1696, an Ordinance amending the City of Seal Beach Municipal Code by revising Subsection D (Minimum Front and Interior Side Yards) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11.

City Clerk Harper took a roll call vote to approve Item F.

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

UNFINISHED/CONTINUED BUSINESS
G. Repeal of Local Residential Eviction Moratorium - That the City Council adopt Ordinance 1697-U Repealing Ordinance 1683-U, which will repeal the City’s local moratorium on residential evictions relating to financial hardships caused by the COVID-19 pandemic.

City Attorney Steele provided a comprehensive background of the staff report. There were no Council Member questions.

Council Member Massa-Lavitt moved, second by Mayor Kalmick, to adopt Ordinance 1697-U Repealing Ordinance 1683-U, which will repeal the City’s local moratorium on residential evictions relating to financial hardships caused by the COVID-19 pandemic.

City Clerk Harper took a roll call vote to approve Item G.

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

NEW BUSINESS
H. Seal Beach Historic Resources Foundation Funding Request - That the City Council adopt Resolution 7325 Approving a funding allocation in the amount of $10,000 to the Seal Beach Historic Resources Foundation from the General Fund.

Management Analyst Barich and Seal Beach Historic Resources Foundation (SBHRF) Foundation President Deb Machen discussed the Seal Beach Historic Resources Foundation’s mission and vision. A video was shown where each of the Directors introduced themselves and made the request for funding. There were no Council Member questions.

Council Member Moore moved, second by Mayor Pro Tem Varipapa, to adopt Resolution 7325 Approving a funding allocation in the amount of $10,000 to the Seal Beach Historic Resources Foundation from the General Fund.

City Clerk Harper took a roll call vote to approve Item H.

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

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting in memory of Bill Ayres, long-time Seal Beach resident and founder of the Seal Beach 5K/10K at 9:07 p.m., to a Special City Council meeting on Monday, August 29, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

The August 22, 2022 City Council meeting has been cancelled. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Seal Beach, California
August 29, 2022
The City Council met for a Special City Council meeting at 7:00 p.m. via teleconference.

ROLL CALL

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

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: None. Mayor Kalmick then closed oral communications.

PUBLIC HEARING
Continued from the August 8, 2022 regular City Council meeting.

A. Consideration by the City Council of Resolution Finding that the Housing Element is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Adopted Housing Element is Inconsistent with the 2017 Airport Environs Land Use Plan - That the City Council: 1. Conduct the public hearing; and, 2. Adopt Resolution 7324 Finding that the General Plan 2021- 2029 Housing Element is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Adopted Housing Element is Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.

Community Development Director Smittle provided a comprehensive background on the staff report. Council Members provided comments and questions were addressed.

City Clerk Harper announced that one (1) supplemental communication and ten emailed comments from the August 8, 2022 were included in the agenda packet, and five (5) emailed comments were received after posting of the agenda that were distributed to the City Council and made available to the public.

Mayor Kalmick reopened the public hearing. Speakers: Stephanie Wade and Patty Campbell. Mayor Kalmick closed the public hearing.

Mayor Kalmick reopened the public hearing to allow Nicole Manzo to speak as she was experiencing technical difficulties during the public comment portion of the meeting.

Mayor Kalmick closed the public hearing.

Council Member Sustarsic provided a statement in opposition to the item addressing her concerns.

Council Members provided additional comments.

Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to adopt Resolution 7324 finding that the General Plan 2021-2029 Housing Element is Consistent with the Purposes of the State Aeronautics Act and Overruling the Orange County Airport Land Use Commission’s Determination that the Adopted Housing Element is Inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.

City Clerk Harper took a roll call vote to approve Item A.

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

ADJOURNMENT
Mayor Kalmick adjourned the Special City Council meeting at 8:21 p.m. to Monday, September 12, 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: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1696
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1696 titled "An Ordinance of the City of Seal Beach amending Title 11 of the Seal Beach Municipal Code to allow projections into side yard setbacks in the Residential Low Density (RLD-9) Zone District along the “Gold Coast” area of Ocean Avenue and finding the Ordinance to be exempt from the California Environmental Quality Act.”
BACKGROUND AND ANALYSIS:

At its meeting on August 8, 2022, the City Council approved the introduction of Ordinance 1696 of the City of Seal Beach amending Title 11 of the Seal Beach Municipal Code to allow projections into side yard setbacks in the Residential Low Density (RLD-9) Zone District along the “Gold Coast” area of Ocean Avenue and finding the Ordinance to be exempt from the California Environmental Quality Act.

This item is to approve the second reading and adoption of Ordinance 1696 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414 and Water Code Section 376, the Ordinance will be published within fifteen days after adoption.

ENVIRONMENTAL IMPACT:

The proposed Ordinance adopting the Zone Text Amendment consists of only minor revisions and clarification to existing regulations and specifications related thereto in one residential zone of the City to ensure consistency and eliminate internal conflict between existing provisions. Therefore, the proposed action is exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3), and Section 15301 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Page 2 ends

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the ordinance 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:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Ordinance 1696
1 ORDINANCE 1696

AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL

CODE TO ALLOW PROJECTIONS INTO SIDE YARD
SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD-9)
ZONE DISTRICT ALONG THE “GOLD COAST” AREA OF

OCEAN AVENUE AND FINDING THE ORDINANCE TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Seal Beach Municipal Code Section 11.2.05.015.I.1 (Projections Into Yards – Architectural Features) sets forth standards for projection of architectural features into setbacks on residential properties and limits the length they can project/encroach into side setbacks. Based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.2.05.015.I.1 as it pertains to the Gold Coast area along Ocean Avenue in the City of Seal Beach.

Section 2. Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that:

A. On July 18, 2022, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 22-11, recommending approval of the Ordinance by the City Council.

C. The City Council, at a regular meeting, considered the Ordinance on August 8, 2022, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 3. California Environmental Quality Act Exemption. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment clarifies and eliminates inconsistencies with respect to existing development standards for the projection of certain architectural features on certain 2 residentially-zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. The amendment, therefore, is exempt from the requirements of CEQA under Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy:

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water.

Section 5. Subsection D (Minimum Front and Interior Side Yards) of Section

11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:
“D. Minimum Front and Interior Side Yards.

1. RLD-9 District—Front Yard. In the RLD-9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the RLD9 District area along Ocean Avenue between First Street and Eighth Street, which is not allowed side entry garages.

2. RLD-9 District—Interior Side Yard. In the RLD-9 District the minimum interior side yard is 5 feet except for the RLD-9 District area along Ocean Avenue between First Street and Eighth Street (Gold Coast), which requires a minimum interior side yard of either 10% of lot width or 3 feet, whichever is greater. The RLD-9 District area in Surfside Colony is regulated by Table 11.2.05.015.A.1.

3. RHD-20 District—Properties Abutting Seal Way. In the RHD-20 District the minimum front yard for properties abutting Seal Way is 0 (zero) feet.” Section 6. Subparagraph 1 (Projections Into Yards – Architectural Features) of Subsection I (Projections) of Section 11.2.05.015 (Development Standards) of Chapter

11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows:
“I. Projections. Projections are permitted subject to the following standards:
3 1. Projections Into Yards—Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 2 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. On lots in the RLD-9 District area along Ocean Avenue, between First Street and Eighth Street (Gold Coast), architectural features may project not more than two feet into the required side yards; provided the side yards shall not be reduced to less than two feet in width beginning above the first story and in no case less than 8 feet above grade.

2. Projections Into Yards—Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line.
a. Low-level wooden decks. Low-level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD-9 District—Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the secondfloor level (from street). Above the second-floor level, eaves may project a maximum of 5 feet over the rear yard.

3. Projections—RLD-15 District. Refer to Section 11.2.05.010.E: RLD-15 District Development Standards, Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3, for allowable projections in the RLD-15 District.

4. Projections—RHD-20 District. For lots less than 50 feet in width in the RHD-20 District the projections allowed in subsections 1 through 2, above, may project not more than 2 feet into the required side yard, provided that the required interior side yard shall not be reduced to less than 2 feet in width.” Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance or a summary as required by law.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 8th day of August, 2022.
4 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 2022.

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 Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 8th day of August, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the 12th day of September, 2022.

Gloria D. Harper, City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for
Reimbursement of Training Costs for Fiscal Year 2021
Urban Area Security Initiative (UASI)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7326 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2021 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.

BACKGROUND AND ANALYSIS:

The Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI). The City of Seal Beach is located in the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California. The City must enter into agreement with the City of Anaheim, which is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the transfer of Homeland Security Grant funds. The program requires the City Council adopt a resolution authorizing the City Manager to execute documents in order to obtain the grant funds.

ENVIRONMENTAL IMPACT:

This action is not subject to review under the California Environmental Quality Act.

Page 2 ends

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The City of Seal Beach may receive UASI grant funds in the form of training, equipment or support. There is no designated funding allotment at this time.

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:

SUBMITTED BY: NOTED AND APPROVED:

Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Police Lieutenant Nick Nicholas
ATTACHMENTS:

A. Resolution 7326
B. Agreement to Transfer Property or Funds for FY2021 UASI Grant Program Purposes
C. FY2021 Grant Assurances

Page 3 ends

D. Certification Regarding Debarment, Suspension and Other Responsibility Matters
E. Certificate Regarding Lobbying
RESOLUTION 7326

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SUB-AWARD AGREEMENT BETWEEN THE
CITIES OF SEAL BEACH AND ANAHEIM FOR THE FY 2021

URBAN AREAS SECURITY INITIATIVE HOMELAND SECURITY

GRANT PROGRAM
WHEREAS, the Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI); and,
WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California.

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

Section 1. The City Council approves the Agreement for transfer or purchase of equipment and services or for reimbursement of training costs for FY 2021 UASI Grant Program Purposes.

Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement and any other documents necessary to receive and use the grant funds.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 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 7326 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of September, 2022.

Gloria D. Harper, City Clerk

AGREEMENT
SUB-RECIPIENT: Clry OF SEAL BEACH
City Contract Number
I

INTRODUCTION
lt

TERM AND SERVICES TO BE PROVIDED
IV

STANDARD PROVISIONS
Paqe
11 5101 . Parties to the Agreement
$102. Representatives of the Parties and Service of Notices $103. lndependent Party
$104. Conditions Precedent to Execution of this Agreement 6 |.,i
7 7
$201 . Time of Performance
$202. Use ofGrant Funds
ilt

PAYMENT
$301 . Payment of Grant Funds and Method of Payment
8 8
s401.
s402.
s403.
s404.
s405.

Construction of Provisions and Titles Herein
Applicable Law, lnterpretation and Enforcement
lntegrated Agreement
Excusable Delays
Breach
Prohibition Against Assignment or Delegation s40
s40
6 7. Permits
$408. Bonds
12 12
12 12
13 13
13 13
Section Description

TABLE OF CONTENTS
s4
s4
s4
s4
s4
s4
s4

TABLE OF CONTENTS

09. lndemnification

10. Conflict of lnterest
1 1 . Restriction on Disclosures

12. Statutes and Regulations Applicable to All Grant Contracts

13. Federal, State, and Local Taxes

14. lnventions, Patents and Copyrights

15. MBEMBE
$501. Defaults
$502. Amendments
V

ENTIRE AGREEMENT
$601. Complete Agreement
$602. Number of Pages and Attachments
Execution (Signature) Page

EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Paqe
13 13
15 15
zo
26 28
29 29
30 30
31 DEFAULTS, SUSPENSION, TERMINATION. AND AMENDMENTS
CaIOES FY2O21 Grant Assurances
Certification Regarding Debarment, Suspension and Other Responsibility Matters
Certifi cation Regarding Lobbying
Section Description
Agreement Number

AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR

FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY2021 URBAN AREAS SECUR|TY tNtTtATtVE (UAS|)

BETWEEN

THE CITY OF SANTA ANA
ANDCIry OF SEAL BEACH
THIS AGREEMENT is made and entered into this/fday of 2OQ by and between the CITY OF CITY OF SANTA ANA, a municipal co
CITY OF SEAL BEACH (the "SUB-RECIPIENT" or "Contracto

WITNESSETH
ratton (the "ClTY"), and
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2021 Urban Areas Security lnitiative, has applied for, received and accepted a grant entitled "FY 2021 Urban Areas Security lnitiative" from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant"), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at:

California Office of Emergency Services "FY2021 Homeland Security Grant Program:

California Supplement to Federal Program Guidance and Application Kif' https://www.caloes. ca qov/wp-contenVupload s/G ra nts/DocurLen!s/ FY-202'1-HSGP-StateSupplement. pdf copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant ffice.

WHEREAS, this financial assistance is administered by the clTY oF SANTA ANA (,clTY") and is overseen by the california Governor',s office of Emergency services ("CaloES"); and
WHEREAS,thisfinancialassistanceisbeingprovidedtoaddressthe.unique "qripr"niLriining,
planning, and exercise needs.of large urban areas' and to assist them i;il[i"g';" enhlnced an-d sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS,theAnaheim/SantaAnaUrbanArea("ASAUA")consistsof34citiesin 4 U.S. Department of Homeland Security "Fiscal Year 2021 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)"
https://www.fema.qov/sites/defaulUfiles/documents/FEMA FY2021-HSGP-NOFO 02- 19-21 .pdf
Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, lrvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management ("OGM") awarded a FY2021 UASI Grant of $5,113,750 ("Grant Funds") to the CITY OF SANTA ANA, as a Core City, for use in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and the Santa Ana Police Department, Emergency Management Director ("UASl Grant Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2021 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to Clry OF SEAL BEACH ("SUB-RECIPIENT") and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement.

NOW, THEREFORE, IT IS MUTUALLYAGREEDAS FOLLOWS
5 $101 . Parties to the Aqreement
The parties to this Agreement are:

A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA92702: and
B. CITY OF SEAL BEACH, a municipal corporation, 211 8th Street, Seal Beach, CA 90740
$102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
'1
. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement:

Richard Weber, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA92702
Phone: (714) 245-8730
[email protected]

2. The representative of clrY oF SEAL EEACH shall be:

Name: ft\4sP t-' G<./,!-{+tt
Title:cHLLF oF PoL$-e
Sub Recipient Name: LT' r't '
rt tt Ho tB
Sub Recipient Address: qtI to*t- bctt 62.

City SAAu- Bott State: cA Zip: 1o7'/o
Phone 6Z 7? 1- loo il(o
E-mail: Nrr Sa thrlg @ g6At- bE oll cA.6o1t
Formal notices, demands and communications to be given hereunder by ;[hfi;y ;hutt ne maoe in writing and mav be effected bv personal i"iir"w "i ov registered or certified mail, postage prepaid' return receipt 6 B
I. INTRODUCTION
SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUBRECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB-RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA.
$'104. Conditions Precedent to Execution of This Aqreement SUB-RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless othenirrise exempted.

A. Standard Assurances (Grant Assurances) in accordance with section 4124 ot this Agreement attached hereto as Exhibit A and made part hereof.

B. Certifications Regarding lneligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof.

C. Certifications and Disclosures Regarding Lobbying in accordance with Section 412C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-REClplENT. 7 requested and shall be deemed communicated as of the date of mailing.

C. lf the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change.
$103. lndependent Partv
II. TERM AND SERVICES TO BE PROVIDED
$201 . Time of Performance
The term of this Agreement shall commence on 91112021 and end on 313112024 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein.
$202. Use ofGrant Funds
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUBRECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. ln addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY. lf additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided.

B. SUB-RECIPIENT shall provide any reports requested bythe CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.

C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2021 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."
D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purcha
https://www.fema.
sed pursuant to this Agreement and is located at
qov/authorized-eouipmenLlist and incorporated to this
Agreement by reference.

Anaheim/Santa Ana Grant
guidance any equiPment ac
mandatory regulations and
A copy of the AEL shall be retained in the
Office. Unless otherwise stated in program
quired pursuant to this Agreement shall meet all
/or DHS-adopted standards to be eligible for
purchase using grant funds.

Any equipment acquired or obtained with Grant Funds:
l.ShallbemadeavailableundertheCaliforniaDisasterandCivilDefense ' na"ii", Mutual Aid Agreement in consultation with. representatives_oJ_th-e various fire, emergency medical, hazardous materials response seruces' 8 and law enforcement agencies within the jurisdiction of the applicant;

2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard ldentification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans;

3. Shall be made available pursuant to applicable terms of the Caiifornia Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;

4. Shall be subject to the requirements of Title 2 CFR Part 200.31 3 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed ordoes not lose lts identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more.

5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whetheror not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency.

7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) tl'r9 sgyrce of funding for the property (including FA|N); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federar participation in the project costs for the Federai award under which the property was acquired, (h) location, and (i) use and condition of Equipment, and (i) ultimate disposition data including ihe date of dislo^sjrland sare price of the property. Records must be retainld p*sri"t to 2 CFR Part 200.313.

B. All equipment obtained
.
under this Agreement shail have an ASAUA identification decal affixed to it, and, whe-n practical, shall be affixed *nlie-ii is readily visible.

9. A physicar inventory of .the Equipment shall be taken and the results reconciled with the Equipment records ,t ieasi once every two years. 9 lnventory shall also be taken prior to any UASI, State or Federal monitor visits.

11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements.

12. SUB-RECIPIENT shall contact the ASAUA Grant Office priorto initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken.

E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above. All training expenses must be pre-authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at httos://cdp.dhs.qov/.

F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above.

Detailed Homeland Security Exercise and Evaluation Program Guidance is available at
oreoaredness/exercis
httos://www.fema.oov/eme roencv-manaoers/nationales/hse G. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above.

H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above.
10 10. SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. $30'1 . Pavment of Grant Funds and Method of Pavment
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services ortraining to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. lf additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and itwill be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above.

B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB-RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Santa Ana UASI Grant Office. For equipment for which SUB-RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUBRECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CaIOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted invoices.
c. Payment of final invoice shalr be withheld by the clry until the sUBRECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement.

D. lt is understood that the clry makes no commitment to fund this Agreement beyond the terms set forth herein.

E' Funding_for arr periods of this Agreement is subject to the continuino avairabiritv to the CITY of federat funds for this progrim. Tne Rgreeme-.t ;ry ;; terminated immediatery upon written notice to SUB-RECTiIENT;f a ro;s;; reduction of federal grant funds. ll
III. PAYMENT
s401 . Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. lf there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. $402. Applicable Law, lnterpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY.
lf any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
$403. lnteqrated Aqreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. $404. Excusable Delavs
ln the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the iault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension' Circumstancesdeemedtobebeyondthecontrolofthepartieshereundershall include, but not be limited to, acts bf God or of the public enemy; insurrection; acts of the iederal covernment'or any unit of State or Local Government in either sovereign or contraCtual capacity; flres; floods; epidemics;,quarantine restrictions; itrikes,-freight embargoes or delays in transportation; to the extent that tney are not causeO'Uy tne pa"rty s willful oi negligent acts or omissions and to the extent that they are beyond the party's reasonable control'
12 IV. STANDARDPROVISIONS
$405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. s406. Prohibition Aqainst Assiqnment or Deleqation
SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. 5407. Permits
SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents. $408. Bonds
SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland securityfunds. SUB-RECIPIENT must provide a copy of performance bond to ClTy no later than the time of reimbursement.
$409. lndemnification
To the fullest extent of the law, SUB-RECIpIENT agrees to indemnify, defend, and hold harmless the City of Santa Ana, its -officers, agents,
'
representatives and designated volunteers from and against "rftoy""", -any and ali cliims, demands, defense costs, or riabirity of any kind or nature arising out of or resurting flom, oq any way connected with suB-R-ECrprENT'S acts, err6rs oiorisrion, in the performance of SUB-RECTPTENT'S seryices or use of grant funds under the terms of this Agreement. $410. Conflict of lnterest
A. SUB-RECTPTENT covenants that none of its directors, officers, emproyees, or agents sha, participate. in serecting, or administiaang iny Jr#Jntr."t supported (in whole or in part) by F-ederal funds where" "r",n
p""on i. ,
l3
director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
'1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code 987100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. 1 C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or peisons who are otherwise in a position to benefit from the actions of any officer, emploYee, or agent).

D. The suB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor.

E.PriortoobtainingtheClTY,sapprova|ofanysubcontract,theSUB. - RECIPIENT shall disclose to the clTY any relationship, flnancial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or "rpfoy"".
or their immediate family with the proposed subcontractor and its officers, directors or emPloYees.
14 The SUB-RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT' and "sub subcontractor" for "Subcontractor".
s411 Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.).
$412. Statutes and Requlations Applicable To All Grant Contracts A. Compliance with Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. suB-REclplENT shall be liable to the Grantor for any funds the Grantor determines suB-REclplENT used in violationof these Grant Assurances. SUB-RECIpIENT shall indemnifyand hold harmless the clrY for any sums the Grantor determines suB- REclplENT used in violation of the Grant Assurances.

B. suB-REcIPIENT shall conplywith all applicable requirements of state, federal, county and SUB-RECIpIENT laws, executive orders, regulations, progir; ;ni administrative requiremenG, poricies and any other requirements g'od;ng ini, Agreement. suB-RECTpTENT shail compry with staie and fedJrar ra*s'rno regulations pg,lgin'1 19 _laU9r, wages, 'hours, and otner conditions oi employment. SUB-RECTPTENT shail compry with new, amended, or revised laws, regurations, and/or procedures tnai ipprv to the performan." "i ti. Agreement. These requirements include, Out aie not limited to:

Budq 'l . Office of Manaqement and
l5
et (OMB) Circu lars
F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest.

G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The SUB-RECIPIENT covenants that no member, officer or employee of SUBRECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Parl 2O0 (Uniform Administrative, Cost Pdnciples, and Audit Requirements for Federal Awards).

2. Sinole Audit Act
lf Federal funds are used in the performance of this Agreement, SUBRECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2021 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program"; Grant ldentification Number 2020- 0095; and identify the City of Santa Ana as the Pass-Through.

3. False Claims Act
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract.

4. Records Maintenance
Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement.

Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records.

Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY' The Contractor agrees to provide Clry 0F SEAL BEACH'
theFEMAAdministrator,theComptrollerGeneraloftheUnitedStates,or any of their authorized representatives access to any books' documents' ;$; and records of the contractor which are direcfly pertinent to this contract for the purposes of making audits, examinations' excerpts' and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce UV-"nv a"rn. ,ih"tro"u", or to copy excerpts and transcriptions as reasonablY needed.
16 The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

5. Subcontracts and Procurement
SUB-RECIPIENT shall comply with the federal and SUB- RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rentalor lease agreements, third party agreements, consultant service contracts and construction subcontracts.

SUB-RECIPIENT shallensure thatthe terms of thisAgreementwith the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the f n f nds to he subcontractor. The SUB-RECIPIENT shall
withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
a. Recovered Materials
SUB-RECIPIENT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
lnformation about this requirement, along with the list of EpA-designated items, is available at EPA's Comprehensive procurement Guidelines webpage https://www.e a.qov/s mm/comprehensive- procurementquid eline-coo-o roqram.

The
.

Contractor_also agrees _to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

Domestic Preference for procurements
SUB-RECIPIENT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or. ,.e oi looOs, products, oi materiars produced in the United states. This includJs, but is not rimited to iron, aluminum, steel, cement, and other ,rnri".lrr"O products. t7
b
ln compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the CITY OF SEAL BEACH and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

For purposes of this clause:

Produced in the United Stales means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

SUB-RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.1. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title lX of the Education Amendments of 1972, as amended (20 U.S.C.SS1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act ol 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. $$6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) $$523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. SS290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. 553601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance' 7 Eoual Emolovment Opportunitv
Theregulationat4lC.F'R.S6O-1.4(b)requires,exceptasotherwise provide-d or exempted in 41 C,F.R. Part 60, the insertion of the following iontract clause: ,,buring the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant toi erploytent because of race, color, religion' sex' sexual orientation' ;";;i;rtity,-* nuiion"f origin' The contraclorwill take affirmative action to ensure that applicants are-emptoyeO' and that employees are treated 18 6. Civil Riqhts
during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor wilr comply with ail provisions of Executive order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulation( and orders of the Secretary of Labor, or pursuant theieto, anO viilt permii access to his books, records, and accounts by the administ"ii"g .!";"y and the Secretary of Labor for purposes oi irri"lig"tion to ascertain compliance with such rules, regulaiions, anO oraers. -'
(7) ln the event of the contractor's noncompriance with the nondiscrimination l9
clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
lf applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. S 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.

9. Copeland "Anti-Kickback" Act.

Contractor. The contractorshall complywith 18 U.S.C. S 874,40 U.S.C. S 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. $ 5.12.

10. Contract Work Hours and Safety S ndards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of
'laborers
or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanicreceivescompensationataratenotlessthanoneandone-half timesthebasicrateofpayforallhoursworkedinexcessoffortyhoursin such workweek.
(2') Violation; liabitity for unpaid wages; liquidated *y?Se? ln the event.of l-r{V ,ilfrt.n of the clause set forti in paragraph (b)(1) of this section the coitractor anO any subcontractor responsible therefor shall be liable for the ;il;d ;.s;a. tn adoition' such contiactor and subcontractor shall be liable to in" U.it"O States (in the case of work done under contract for the District of Columbia or a territory, to sucn District orto such territory)' for liquidated 20 8. Davis-Bacon Act
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Clry OF SEAL BEACH shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (bX2) of this section.
(4) Subcontracfs. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (bX1) through (4) of this section. 1 1 . Environmental Standards
a. Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuantto the Clean AirAct, as amended, 42 U.S.C. $ 7401 et seg.
b
The contractor agrees to report each violation to the ClTy OF SEAL BEACH and understands and agrees that the Ctry OF SEAL BEACH will, in turn, report each violation as required to assure notification to the I:9:11 ar:rgency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $1 50,000 financeO in wnote'oi in part with federal assistance provided by FEMA.

Federal Water pollution Control Act (33 USC 1251)
2t
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. S '1251 etseq.

The contractor agrees to report each violation to the CITY OF SEAL BEACH and understands and agrees that the CITY OF SEAL BEACH lvill, in turn, report each violation as required to assure notification to the CITY OF SEAL BEACH, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
1 2. Telecommunications
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or seryices have the meaning as defined in FEMA Policy 405-143-1 , Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (lnterim), as used in this clause- (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. S 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, lrom obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management AgencY to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommuniiations equipment or services as a substantial or essential component of any'system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any ' ' equipment, system, or service that uses covered
teiecommunications equipment or services as a substantial or essentialcomponentof'anysystem'orascriticaltechnologyofany system;
22 (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1 ) This clause does not prohibit contractors from providing- (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (li) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or othenvise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that i. Are not used as a substantial or essential component of any system; and
ii. Are nof used as critical technology of any system.
( ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or
services.
(d) Re porti ng req u i re me nt.
(1) ln the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by i subcontractor at any tier or by any other source, the contractor s-ha report the information in paragraph (d)(2) of this clause to the recipient o.r subrecipient, unress ersewheie in this contract are established procedures for reporting the information. (2) The contractor sharr report the foilowing information pursuant to paragraph (d)(,1) of this ctause:
(i) Within one business day fro
notification: The contract
23 m the date of such identification or
number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (dX2Xi) of this clause: Any further available information about mitigation actions undertaken or
recommended. ln addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracfs. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

C. Statutes and Regulations Applicable To This Particular Grant SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
1 . Title 2 Code of Federal Regulations (CFR) Part 200 ; EO 1 237 2; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants-and Training, FY 2020 Homeland Security Granl Program -Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the california Emergency services Act, Government code chapter 7 of Division 1 of Title 2, $ 8607.1(e) and CCR Title 19, SS 2445-2448' Provisions of 44 CFR applicable to grants and cooperative agreements, Including part 1g, Administrative Review Procedures; Part 20, criminal Justice lnformation Systems; Parl 22, Confidentiality of lde-ntifiable Research and Statisticai lnformation; Part 23, Criminal lntelligence Systems Operating Policies; F"tt SO, lntergovernmental Review of Department of Justice programs and Activiiies; pirt ss, Nondiscrimination on the Basis of Oitroifity ii State "nJ f-ot"i Government Services; Part 38' Equal Treatment of raitn-oised organizations; part 42, Nondiscrimination/Equal "rnpioy."nt
Opportuniti"s P"oticies and Procedures: Part 61 ' Procedures 24 for lmplementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Patr70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with lnstitutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government Wide Requirements for a Drug Free Workplace (grants).

2. Travel Expenses
SUB-RECIPIENT as provided herein may be compensated for SUBRECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and perdiem, unless otherwise expressed. Travel including in-State and oulof- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office.

SUB-RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT'S travel policies and procedures. lf SUB-RECIPIENT does not have established travel policies and procedures, SUB-RECIPIENT'S reimbursement rates shall not exceed the amounts established under 5 U.S.C 5701-1 1 , ("Travel and Subsistence Expenses; Mileage Allowances"), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)).

3. Debarment a Suspension
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. S 180.995) or its affiliates (defined at 2 C.F.R. S 180.905) are exctuded (defined at 2 C.F.R. g 180.940) or disqualified (defined at 2 C.F.R. S 180.93S).

The contractor must comply with 2 C.F.R. part 180, subpart C and 2 C.F.R.

Part 3000, subpart c, and must incrude a requirement to compry with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by crry oF SEAL BEAOH. lf it is later determined that the contractor oio not compty witn z C.F.R, Part 180, subpart C and 2 C.F.R. part 3000, subpart C, in additio; t; remedies available to Ctry OF SEAL BEACH, the federal gor"rnr"r,t ;"y pursue avairabre remedies, incruding but not limited to su-spension anali debarment.

The bidder or proposer agrees to comply with the requirements of 2 c. F. R. part 180, subpart C and 2 C.F.R. part SOOO, suUpirt CJrnif" this offer is valid and throughout the period of any contract th;t ilt;;i;e irom tnis offer. The bidder 25 or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. S 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are foruvarded from tier to tier up to the recipient who in turn will foruuard the certification(s) to the federal awarding agency.

5. Noncompliance
SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB-RECIPIENT to CITY of any unlaMul expenditures. $413. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee.
s414. lnventions, Patents and Copyriqhts
A. Reportino Procedure for lnventions
lf any project produces any invention or discovery (lnvention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB-RECIPIENT shall report the fact and disclose the Inirention promptly and fully to the CITY. The CITY shall report the fact and disclose the lnvention to the Grantor. Unless there is a prior agreement oetween tne clTY and the Grantor, the Grantor shall determine whether to seek [iotection on the lnvention. The Grantor shall determine how the rights in the ,lnvention,includingrightsunderanypatentissuedthereon,willbeallocated "nJiOrini.t"r"d
ii orler to protect t-he public interest consistent with the policy -Pii;y; ,
;b"died in the Federal Acquisition Regulations svstem' wJticl 1s t"il;; Ch. 1B of title 35 U.S'C. Sections 200, et seq' (Pub' L' 95-51.7' Pub' i. ilnro, a, CFR part 401); Presidential Memorandum on Government Patent F;ii;y il'th" Heads of tne Executive Departments and Agencies' dated ziahsiSel; and Executive OGr tz5g1, 4l1OtB7 ' 52 FR 13414' 3 CFR' 1987 Corp., p. ZZO (as amended by Execu-tive Order 12618'
i;i;.iidi ,;rid'48661 , 3 clH, igaz conlp', p' 262) ..SUB-RECTPTENT herebv
;ffi;;il oe uorno uyine Foritv, and will tontractuallv require its personnel to 26 4. Bvrd Anti-Lobbyinq Amendment
be bound by the Policy.

B. Riqhts to U lnventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any lnvention developed under this Agreement.

C. Copyrioht Policv
Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. lf the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy. 1 4. License and Delivery of Works Subject to Copyright and Data Rights. The Contractor grants to the CITY OF SEAL BEACH, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the CtW OF SEAL SfeiH or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shalr include any work subject to copyright under 17 U.S.C. S 1O2,for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, ,iOeoi, mot-ion pictures or other audiovisuar works, lound and/or'video recoroings, anJ architecturar works. Uoon or^pjlo_rg the compretion of this contrici, the contractor wiil deriver io the crry oF .EAL eiA6Fil"t, first produced in the performance of this contract and data required by the contiact but not first ppglgqd_in the performance of this contiact in formats acceptable by the CITY OF SEAL BEACH.

D. Riqhts to Data
The Grantor and the crry sha, have unrimited rights or copyright ricense to any 27 data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.4O1 . Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C.

Section 4O1 or 4O2, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27 .404('f)(2) instead of unlimited rights. (48 CFR 27.404(a)).

E. Obliqations Bindinq on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.

F. No Obliqation by Federal Government
The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors.
28 $415. Minoritv. Women. And Other Business Enterorise Outreach Proqram

DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
$501 . Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
s502 Amend ments
Any change in the terms of this Agreement, including changes in the services to be performed by SUB-RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUBRECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.

SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement.
29 VI

ENTIREAGREEMENT
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
$602. Number of Paqes and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty-one (31 ) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties.
30 $601 . Complete Aqreement
lN WITNESS WHEREOF, the City and CITY OF SEAL BEACH have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.

ATTEST: CITY OF SANTA ANA, a municipal Corporation
of the State of Califomia
By By:

Kristine Ridge
City Manager
RECOIMIIENDED FOR APPROVAL: SUB-RECIPIENT

CITY OF SEAL B
DU
By:

DaMd Valentin
Chief of Police
printed Name tr\ evt? l. 6op9 Plrr
Title ( $ r l!-f of ?o vE:etu

AP DASTO RM APPROVE
By: B
Clerk of the Council
Tamara Bogosian
Senior Assistant City Attorney Printed Name f<l 5f"_L
A
Title +, /Y ,7
3I

EXHIBIT A
,.:^lia^--:^ l'l^..^-^^-r
-
/^tr3:^^ ^J E----^--., o--.:^^- vr L' 'rEr vE' 'wy FY2021 Grant Assurances (All HSGP Applicants)
As the duly authorized representative ofthe Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants [r/anual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations \\r.r .^.,,. vPUdtv5 clrr l5suEu lry ure \-,rIlr.c ur rvrdlrdgelli(rllt drru ouugtr( t!./tvrD,/ clllu uall uE tuuliu at http://www.whitehouse. gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant wil! obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, cr authcrizeC body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and cornpletion of the project described in this application; and
(e) Cfficial executing this agreement is authoi'ized by- the Applicant.

This Proof of Authority must be maintained on file and readily available upon request' ,.,,,r,N-

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) lf any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. S 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant ce(ifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state Initials
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. SS 1501- 1508 and SS 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

P
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otheruise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
(a) Title Vl of the Civil Rights Act of 1964 (Public Law (P.1.) 88-352 and 42 U.S.C. S 2000d et. seq.)which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title lX of the Education Amendments of 1972, (20 U.S.C. SS 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. $ 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. SS 12101- 12213),which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. SS 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. SS 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. S 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part"l00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevatorsl- be designed and constructed with certain accessible features (See 24 C.F.R. $ 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 1 1375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code $ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
tnitial

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-discrimination, including:
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) California's Fair Employment and Housing Act (FEHA) (California Government Code SS12940, 12545, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. S 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
(a) California Environmental Quality Act (CEQA) (California Public Resources Code SS 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, gg 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. g 1251 et seq.), which estabtishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. S 7401 ) which regulates air emissions from stationary and mobile sources;
(e) lnstitution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 9i-190); the Council on Environmental euatity Regulations for lmplementing the Procedural provisions of NEpA; and Executive order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
f) Evaluation of flood hazards in floodplains in accordance with Executive order 11 988; g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procureme nt and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water pollution Control Act Executive Order 1 1990 which requires preservation of weflands (i) The Safe Drinking Water Act of 1974, (P.1. 93-s23); (j) The Endangered Species Act of 1973, (P.1. 93-205);
Initial

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:

The Applicant shall not be: '1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to S 1330'l of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

10. Gonflict of lnterest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C SS 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards o6ligating $25,000 or more in federal funds and (b) executive compensation data for firsltier subiwaras. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the nonjederal entity at 2 C.F.R. irart 25 Financial Assistance Use of Universal ldentifier and Central Coniractor Registration and 2 C.F.R. Paft 17O Reporting Subaward and Executive Compensation lnformation.
1 3. Whistleblower Protec{ions
TheApplicantalsomustcomplywithstatuloryreq^uirementsforwhistleblowerprotectionSatl0 u.s.cib zaos, 41 U.S.C. 5 +ziz, and 1 o u.s.c. s 2324, 41 U'S C s 4304 and $ 4310' Initials
(k) Assurance of project consistency with the approved state management program developed underthe Coastal Zone Management Acl of 1972 (16 U.S.C. SS1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) lmplementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. SS7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. S 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
ln accordance with 2 C.F.R. S 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. $ 3'145 and 18 U.S.C. $ 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. $ 201 et al.)as they apply to employees of institutes of higher learning (lHE), hospitals and other non-profit organizations.
1 6. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code $$ 3700 et seq.

17. Property-Related
lf applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles ll and lll of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced orwhose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all inlerests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. $ 470), Executive Order 1 1593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. g469a-1 et seq.); and (e) Comply with the Lead-Based Paint poisoning prevention Act (42 U.S.C. g 483.1 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. certifications Applicable only to Federally-Funded construction projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the.use of, or change the terms of the real property ti e or other interest in the site and facilities without peimission and instructions fiom ine awarding agency. Will record the federal awarding agency directives and will include a covenant Initial

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(9) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. $ 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5.

These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of lnformation Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of lnformation Act (FOIA), 5 U.S.C. S 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21 . Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that poect activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally ldentifiable lnformation (Pll) DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect Pll are required to have a publically-avallable privacy policy that describes standards on the usage and maintenance of irtt tney tollect. Recipients may also find the DHS Privacy lmpact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Gopyright
All recifrents must affix the applicable copyright notices of 17 U.S.C. gg 40'l or 402 and an a"t no*t"Og"r"nt of U.S. Government sponiorship (including the award number) to any work first produced under federal financial assistance awards' Init
HOMELAND SECURITY GRANT PROGRAM (HSGP) _

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.

Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. S 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly Angl;s6 Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. S 41102) for international air transportation of people and prope(y to the extent that such service is available, in accordance with the lnternational Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. S 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of 1990
ln accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. g 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and lntellectual Property Rights
Unless othenvise provided by law, recipients are subject to the Bayh-Dole Act, pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. g 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of iights to inventions and patents resulting from financial assistance awards located at 37 C-.F.R. part 401 and the standard patent rights clause located at 37 C.F.R. S 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that qrgl!9 gmeISency communication equipment and its related activities must c6mpty with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Initials

33. Terrorist Financing
All recipients must comply with Executive Ordet 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient lntegrity and Performance lf the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient lntegrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Ini als

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to lntercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. $$'175-'175c.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021 ,Version 1 1.4, hereby incorporated by reference, which can be found at: httos://www. d hs.qov/oublication/fv1 5-dhs-standard{erms-and-conditions.

Subrecipient
Signature of
( 1 . |..rE a h r.! .'c l4r ur-5
Authorized Agen
Pt+rLrP L. &o^rsH,+rr
Title: CN&C? oP fov,>cC Date: 07'lo '2o22
Initials

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Printed Name of Authorized Agent:

EXHIBIT B

CERTIFICATION REGARDING OEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals:
(a) Are not presently debaned, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal depadment or agency;
(b) Have not within a three-year period preceding this application been convicted ofor had a civil j udgrnent rendered against them for commission of fraud or a criminal offense in cormection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State o; local) with commission ofany of these offenses enumerated in paragraph (l) (b) ofthis certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and B. Where the applicant is unable to certifi to any of the statements in this certification' he or she shall attach an explanation to this application'
Address q/l SeAt- bofl OL -
Authorized Agent SiPature
PtlsL.IEP L.Go^rs flAh. 9€lt- 156,aclt, cA 7o7'/ o
Printed or TyPed Name
L*r
App ed beI d th certifi h ch they uired licants should refer to the ctt to etennlue e catIon to I are req to attes1 ppIlcant shou Id alSO rev Iew instructions for cert Ification Included lll the regulations before fo des for I irh fi 1 t under compIet1ng thi S form Slgnature of this mr pro C omp lance certl CA 10n requlremen s th 1 bI CFR N Restrict Govemment tde and Suspens lon e app Ical c co enng Ions ()n The ificati hall be treated I representa I I fact hich reliance (N()nprocurement) cert on s AS rnaIena IOn o upon il I be placed hen the Agency dc1eIIrunes to a ard the covered transact on or cooperati ve agreement Tirle
ef o f fuu.re'c
regulations
the
Debarment
a

INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the departmenl or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns lhat its certification was erroneous, when submitted or has become erroneous by reason of changed circumslances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primarycovered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order '12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaclion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modiflcation, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered lransaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency bywhich it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded Procurement or Non Procurement Proqrams

8. Nothing contained in the foregoing shall be conslrued to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed thal which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered lransaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from particapation in this tl.ansaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andTor debarment.

I
1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

2. lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts undergrants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. ln addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

AGREEMENT NUMBER:
c e'r I oF 5e'*'- 6frk ti

CONTRACTOFYBORROWERYAGENCY
l!i'lu,t ? L. 041$ePCC, ctls.ef f fouaetzNAME AND TITLE OF AUTHORIZED REPRESENTATIVE os- o'

SIG DATE
EXHIB]T C

CERTIFICATION REGARDTNG LOBBYING
Certification for Contracts. Grants. Loans and Coooerative Aoreements The undersigned certifies, to the best of his or her knowledge and belief, that:

Agenda Item F

AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Professional Services Agreement with Z&K Consultants, Inc. for the
Tennis and Pickleball Center Improvement Project (CIP
BG2105) – Construction Management and Inspection
Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7327:

1. Awarding a Professional Services Agreement to Z&K Consultants, Inc. in a not-to-exceed amount of $220,971.50 to provide construction management and inspection services for the Tennis and Pickleball Center Improvement Project (CIP BG2105); and,

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

3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project; and,

4. Rejecting all other proposals.

BACKGROUND AND ANALYSIS:

On December 13, 2021, the City Council reviewed the Tennis and Pickleball Center Improvement Project (Project) conceptual design plans and approved $2,600,000 for the design, construction management, construction, and inspection costs. The Project team moved forward with the design process while incorporating multiple stakeholders’ comments.

The Project is nearing design completion. Given the Project’s complexity, it is customary to retain a construction manager at this point to allow them to become familiarized with the Project and provide a constructability review. It is also recommended that the construction management and inspection services be

Page 2 ends

coordinated to provide the best construction oversight. Accordingly, staff solicited for proposals and received five (5) proposals.

An evaluation panel comprised of Public Works staff interviewed three (3) potential consultants to assess their relevant experience, availability, familiarity with the Project, understanding and approach, amongst other factors. Staff recommends selecting Z&K Consultants, Inc. (Z&K) as the most qualified consultant to provide construction management and inspection services.

Z&K is familiar with the Project site, scope of work, challenges, and needs. Thomas Dawson, Senior Building/Construction Inspector at Z&K, brings over 28 years of experience providing construction oversight and previously served as the building official for the County of Orange. Zach Faqih, Senior Construction Manager at Z&K, brings a strong background of over 32 years of experience in construction management and was the building official for the City of Yorba Linda for over 15 years.

Z&K’s proposal is in a not-to-exceed amount of $220,971.50, which includes both construction management and inspection services for the construction duration. A separate inspector is being proposed, versus utilizing Public Works’ existing contract inspector, to provide construction oversight that this Project will require.

The scope of work generally includes:
• Constructability review
• Construction oversight and contract enforcement
• Documented inspection services
• Material and testing services
• Project coordination and public outreach
• Project close-out
Given the Projects’ complexity and importance to the City’s public facility, staff recommends authorizing the City Manager to approve additional work requests up to $10,000 to avoid delay in resolving any unforeseen urgent issues.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Z&K will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

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LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

Costs associated with Z&K’s agreement will be expensed from the Tennis and Pickleball Center Improvement Project (BG2105) Project account. Sufficient funding for the construction management and inspection services has been budgeted. No budget amendment is being requested at this time.

CIP Project Amount
Construction Management & Inspection Services $ 220,971.50 Contingency $ 10,000
Total $ 230,971.50
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 7327:

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

3. Authorizing the City Manager to approve additional work requests up to the total amount of $10,000 in connection with the Project; and,

4. Rejecting all other proposals.

Page 4 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee,
Acting Director of Public Works
Jill R. Ingram, City Manager
Prepared by: Denice Bailey, Assistant Engineer
ATTACHMENTS:

A. Resolution 7327
B. Agreement with Z&K Consultants, Inc.

RESOLUTION 7327

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH Z&K CONSULTANTS, INC. TO PROVIDE

CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE TENNIS AND PICKLEBALL CENTER
IMPROVEMENT PROJECT (CIP BG2105)
WHEREAS, the 2011 Citywide Facility Condition Assessment Report identified the Tennis Center facility to be in poor condition; and,
WHEREAS, the City desires to effectively use the Tennis and Pickleball Center facility space to provide for the community and the end users; and, WHEREAS, on December 13, 2021, the Tennis and Pickleball Center Improvement Project (Project) Conceptual Design Plans were presented to City Council for feedback and the City Council provided feedback with respect to the Conceptual Design Plans; and,
WHEREAS, on December 13, 2021, Budget Amendment 22-06-03 was approved allocating $2,600,000 for the Project; and,
WHEREAS, on January 24, 2022, City Council awarded a Professional Services Agreement to Gillis + Panichapan Architects, Inc., in a not-to-exceed amount of $234,900 to provide professional design services for the Tennis and Pickleball Center Improvement Project; and,
WHEREAS, the City desires to retain a consultant to provide construction management and inspection services for the Project; and,
WHEREAS, the City solicited proposals for construction and management services for the Project, and the City received a proposal from Z&K Consultants, Inc. and is qualified to provide professional construction management and inspection services for the Project.

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

Section 1. The City Council hereby awards a Professional Services Agreement (“Agreement”) to Z&K Consultants, Inc. in a not-to-exceed amount of $220,971.50 to provide construction management and inspection services for the Tennis and Pickleball Center Improvement Project.

Section 2. The City Council hereby authorizes the City Manager to approve additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of $10,000.

Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the Z&K Consultants, Inc. proposal dated August 17, 2022.

Section 4. The City Council hereby rejects all other proposals.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 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 7327 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of September, 2022.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Tennis Center Improvement Project (BG2105)
Construction Management and Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Z&K Consultants, Inc.
22295 Jessamine Way
Corona, CA 92883
(951) 310-7470
This Professional Services Agreement (“the Agreement”) is made as of September 12, 2022 (the “Effective Date”), by and between Z&K Consultants, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional construction management and inspection services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on July 14, 2022, titled “Tennis Center Improvement Project (BG2105) – Construction Management & Inspection Services,” and Addendum 1 dated July 26, 2022 (collectively “RFP”). Consultant submitted a proposal dated August 10, 2022, and subsequently revised on August 17, 2022, in response to the RFP.

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

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

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

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the Request for Proposals, attached hereto as Exhibit B and incorporated herein by this reference. To the extent that there is any conflict between Exhibit B and this Agreement, this Agreement shall control.

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

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

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, 3 of 19
and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

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

2.0 Term

2.1. The term of this Agreement shall commence on September 12, 2022 and shall remain in full force and effect until December 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $220,971.50 (Two Hundred Twenty Thousand Nine Hundred Seventy-One dollars and 50/100) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
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5.0 Termination

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

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide 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. Crystal Fraire is the Consultant's primary representative for purposes of this Agreement. Crystal Fraire shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Z&K Consultants, Inc.
22295 Jessamine Way
Corona, CA 92883
Attn: Crystal Fraire

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 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

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

9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
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10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section

10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, notes, discussion, materials, or other information, records and documents of any kind (collectively “Data & Documents”) developed, prepared or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, directors, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City.

Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

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

11.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 8 of 19

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

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

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant 9 of 19
shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

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

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

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

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 10 of 19
outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

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

17.0 Familiarity with Work
By executing this Agreement, Consultant 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.

18.0 Insurance

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

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

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

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..
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17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

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

18.4. Additional Insured.

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

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

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

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

18.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents 12 of 19
serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

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

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

18.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

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

18.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified 13 of 19
copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

18.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 19.0.

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

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

17.0. 19.0 Indemnification, Hold Harmless, and Duty to Defend

19.1. Indemnities.

19.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and 14 of 19
experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

19.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

19.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

19.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

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

19.5. Survival of Terms. Consultant’s indemnifications and obligations under this Section 19.0 shall survive the expiration or termination of this Agreement.

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

21.0 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.

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, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit A, attached hereto and incorporated by reference herein.

23.0 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.

24.0 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.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this 16 of 19
Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

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

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

28.0 Prohibited Interests; Conflict of Interest

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

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

28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
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28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

29.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

30.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

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

32.0 Mutual Cooperation
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32.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

32.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

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

34.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

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

36.0 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.

37.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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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
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: Z&K Consultants, Inc.,
a California corporation
By: __________________________
Name:

Its:

By: __________________________
Name:

Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
Vice President
Zack Faqih
Karen Faqih
Secretary

EXHIBIT A OF PSA
Terms for Compliance with California Labor Law
Requirements

EXHIBIT A

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

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

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

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

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

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

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

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

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

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

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

EXHIBIT B OF PSA
Consultant’s Proposal

REQUEST FOR PROPOSALS (RFP)
TENNIS CENTER IMPROVEMENT PROJECT (BG2105) –

CONSTRCTION MANAGEMENT & INSPECTION SERVICES
August 10, 2022
August 10, 2022
Denice Bailey, Project Manager
City of Seal Beach, Public Works Department
11 Eighth Street, Seal Beach, CA 90740
Subject: Request for Proposals (RFP) for Tennis Center Improvement Project (BG2105) – Construction Management & Inspection Services
Dear Ms. Bailey,
Z&K Consultants, Inc. (Z&K) proudly presents our proposal to the City of Seal Beach to provide Construction Management and Inspection Services for the Tennis Center Improvement Project.

Z&K is a certified Women’s Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Construction Inspection, Construction Management, Plan Review, Project Management, Staff Augmentation, and other Engineering Services. The Z&K Team has held many professional construction management and inspection services contracts for local agencies and is committed to the success of the City’s project.

Z&K is proposing the same team that successfully delivered numerous building and facility improvement projects, including Converse Consultants as a subconsultant providing Material Testing Services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. We understand the vital importance of community outreach in keeping councilmembers and the community informed with accurate project schedules and detailed outreach efforts. Z&K may provide weekly project newsletters of critical construction activities completed each week and the scheduled activities to be completed the week after. Z&K is proud to provide site walks with City staff and elected officials at any time throughout the project as directed by the City PM to discuss project progress and schedule.

Our proposed Senior Construction Manager/Project Manager, Zack Faqih, PE, MSCE, CBO, ICC Certified, and our Senior Building/Construction Inspector, Tom Dawson, CBO, ICC Certified, are thoroughly familiar with the project and have performed a site visit and preliminary constructability review of the project plans and specs. Our team has prepared a comprehensive risk matrix for this Project. Mr. Faqih, PE, QSD/P, MSCE, CBO will personally lead the Z&K Team as the Senior Construction Manager/Project Manager. Mr.

Faqih has a strong team of high-quality senior individuals to perform the tasks outlined in this RFP. Our key team members have over 25 years of specialized experience in these Services for public agencies and have 100% commitment to the City’s Project.

Zack Faqih, PE, MSCE, CBO, QSD/P, ICC Certified and Tom Dawson, CBO, ICC Certified are vastly experienced with the 2019 California Building Code and are ICC certified in all building trades. They are both certified building officials and certified structural, mechanical, electrical, and plumbing inspectors. Both Mr. Faqih and Mr. Dawson have extensive experience working for Public Agencies for and have both served as Deputy Building Officials. They are accustomed to working with government agencies and have first-hand understanding of public agency procedures and policies.

We have created a unique staffing plan to meet the City’s needs and expectations for this Project. Our proposed team members have prior experience with numerous similar projects and are recognized as experts in Construction Management and Inspection Services and will provide “turn-key” Services for the City. The Z&K team knows the importance of providing qualified and experienced personnel that arrive on-site properly equipped and have the necessary safety and technical training to start work with no learning curve.

We maintain an extensive history of working with various local agencies. Throughout the completion of many projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers, and contractors. We have successfully delivered projects in a timely and cost-effective manner and have acquired a keen understanding of agency requirements.

Our team prepared a risk management log, identifying various critical elements of this project that will be of top priority for Z&K’s proposed personnel. We understand that Project features include locker room with amenities including showers, restrooms, day-use lockers, and changing space; a kitchen to serve daily users and/or warming/catering area for events; a sliding glass door system; energyefficient mechanical, electrical, and plumbing equipment; upgrading the court light to LED lighting; new LED lights to courts without lighting; renovated multi-purpose building; and demolition of the existing locker room.

I will serve as the primary contact person for the full duration of the contract, and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and correct. We acknowledge that Addendum No. 1 was issued on July 26, 2022. Z&K does not have any exceptions and commits to accept the terms and conditions to the language in the RFQ documents. We look forward to the successful completion of the City of Seal Beach’s upcoming project.

Sincerely,
Crystal Fraire, PE,
President | Z&K Consultants, Inc.
473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
The proposed Z&K Team
are experts of Facility /
Building Improvement
Projects. Z&K has
successfully delivered
over 17 similar Projects
within the last 5 years, including the following
agencies:

City of Tustin
City of Costa Mesa
City of South Gate
City of Lynwood
City of La Quinta
City of Lake Forest
City of San
Bernardino
Our in-house architects
and structural and MEP
designers will also
perform a full
constructability review
(in addition to our CM
team) and are a strong
resource for our CM
team.

Page 1 of 25 ends

Table of Contents
Cover Letter ...................................................................................................................................................... 1 Table of Contents .............................................................................................................................................. 2 Company Qualifications................................................................................................................................ 3 Local Staffing List .............................................................................................................................................. 7 Understanding /Approach .............................................................................................................................. 12 References ...................................................................................................................................................... 21 Fee & Cost Proposal ................................................................................................. Separate Sealed Envelope Exceptions ....................................................................................................................................................... 22 Business Entity ................................................................................................................................................ 22 Contract Signatures ........................................................................................................................................ 22 Appendix A. Example Documents ................................................................................................................... 23

Page 2 of 25 ends

COMPANY QUALIFICATIONS

FIRM BACKGROUND
The proposed Z&K Team are experts of Facility/Building Improvement Projects. Z&K has successfully delivered over 17 similar projects within the last 5 years, including the following Cities: Tustin, Costa Mesa, South Gate, Lynwood, La Quinta, Lake Forest, and San Bernardino. Z&K Consultants Inc. (Z&K) is a leading provider of Project Management, Construction Management and Construction Inspection services. We are a full-service civil engineering firm specializing in professional engineering services ranging from project management, construction management, construction inspection, design, labor compliance, structural engineering, plan review, staff augmentation, and other professional engineering consulting services. Z&K is in a strong financial position and does not have any conditions that may impede our firm’s ability to provide the services requested in this proposal.

Our proposed team members are licensed Professional Engineers, certified Building Officials, and Certified structural/mechanical/electrical/ and plumbing inspectors. Our A-team beings the unique background required to ensure the successful completion of this project: extensive experience in both buildings and tenant improvements and park improvement projects. Z&K has exceptional experience providing Construction Management and Inspection services of projects for Southern California municipal agencies in the following project types/features:
locker rooms with amenities, kitchen renovations, sliding glass door systems, energy-efficient mechanical, electrical, and plumbing equipment, LED lighting, multi-purpose building renovations, and demolition.

Our firm is very experienced providing project management services. Our proposed PM, Brittany Duhn, PE has provided project management for Cities and managed over 12 projects at a time providing staff augmentation and has managed over 50 city projects. She is an expert at technical review of buildings and tenant improvement projects and park and facility projects.

She is known to push projects through, provide comprehensive constructability and cost savings options, and provide excellent final plans and specifications for bidding and construction. She is very thorough and ensures that the project plans and specifications are clear and inclusive, and do not leave gray areas for contractors to exploit.

Z&K commits to providing our best project management, construction management and inspection services for timely and successful project completion. Our Team has extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. Our key project team members have served public agencies in various capacities, are accustomed to working with government agencies. Our qualified team will provide turn-key services, be the single point of contact, and responsible party representing the City. We will dedicate the necessary resources to complete each assignment on time and within budget. Our key personnel will be assigned to the project for the entire duration and will not be removed or replaced without concurrence from the City.

Z&K is proud of our reputation for having seasoned construction management, project management, and inspection personnel and of the industry’s recognition of our ability to deliver improvement projects ahead-of-schedule, under budget, without claims, and with outstanding customer service for the local community. Our Team has strong construction knowledge and background in construction of municipal public works projects, can provide leadership to the entire design and construction team, are able to work in close partnership with City staff and are able to oversee, manage, and control schedules and costs during all phases of the project.

Z&K takes a proactive approach to Quality Assurance and Quality Control. We believe that no project is too small for quality and that everyone is responsible for quality. It is our goal to deliver a well-constructed project that will meet the City’s expectations of quality and functionality. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality and maximize the value of the City’s project.

Z&K Consultants Inc. Business Information
Legal Name Z&K Consultants, Inc.

Certifications DBE, SBE, WBE
Business Entity California C Corporation
DIR Registration No. 1000029878
Zack Faqih, PE, QSD/P, MSCE,
CBO and Tom Dawson, CBO,
ICC Certified are vastly
experienced with the California
Building Code and are ICC
certified in all building trades.

Both Zack and Tom have
extensive experience working
for Public Agencies for over half
of their careers. Zack and Tom
have held Deputy Building
Official titles for various Public
Agencies. They are
accustomed to working with
government agencies and have
first-hand understanding of
public agency issues,
procedures and policies.

Z&K has extensive experience providing Construction Management and Inspection Services on similar projects to the City’s Project. Over the last 5 years, the Z&K team has provided these Services for the following similar contracts and projects, including:

Jack Hammett Sports Complex Improvement Project (City of Costa Mesa) Arbor Mini Parks Improvement Project (City of Lake Forest) Vintage & Sundowner Parks Improvement Project (City of Lake Forest) Borrego Overlook, Regency, and Rancho Serrano Parks Improvement Project (City of Lake Forest) Hollydale Community Park Improvements Project (City of South Gate) Veterans Sports Park at Tustin Legacy (City of Tustin)
Yvonne Burke – John Ham Park Community Center (City of Lynwood) Silverrock Park Venue Site (City of La Quinta) Seccombe Lake Park and Perris Hills Park (City of San Bernardino) Splash Pads for Four (4) Parks (City of San Bernardino) Playground Equipment Replacement for Six (6) Parks (City of San Bernardino) Perris Hills Park Improvements (City of San Bernardino) Our team is an expert of
managing concurrent use of
buildings and facilities by the community while construction is taking place. Our team has
developed and employed
maintenance and use of facility
operation procedures.

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FIRM EXPERIENCE
CITY OF TUSTIN | VETERANS SPORTS PARK AT TUSTIN LEGACY
Z&K Consultants provided Project Management,
Construction Management and Construction
Inspection Services as a subconsultant for the City of
Tustin’s Veterans Sports Park at Tustin Legacy. This park is the City of Tustin’s largest park carved from 31.5-
acres. This project was 100% locally funded, utilizing
several funding sources. The construction for the
Veterans Sports Park consisted of demolition, grading,
storm drain, water, reclaimed water, and sanitary sewer installation. The sports park contained a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park included a passive recreation area, fitness stations, concession/restroom/storage buildings, a veteran’s memorial feature, skate plaza, a parking lot, and a children’s play environment.

Additional relevant park features included LED lighting installation, retaining walls, synthetic turf, outlet structures, outdoor seating areas, ADA compliant ramps and concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects.

CITY OF COSTA MESA | JACK HAMMETT SPORTS COMPLEX IMPROVEMENT PROJECT The Z&K Team provided Construction Management and Inspection services for the City of Costa Mesa’s Jack Hammett Sports Complex Improvement Project. Relevant improvements within the project included sports field construction, synthetic turf installation, concrete improvements, parking lot improvements including increase of parking and improved circulation, ADA improvements, electrical runs to the pull boxes for storage buildings within the complex, construction of retaining walls, block wall fencing, replacement of lighting system, irrigation improvements, landscaping, rough and precise grading, foundation improvements, construction and installation of two new storage buildings, and all electrical and mechanical work within the buildings. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities.

Our Projects include the following technical similarities to the City’s Tennis Court Improvement Project:
ü Irrigation System
ü Concrete Improvements
ü Storm Drain Construction
ü Landscaping & Irrigation
ü Grading
ü Erosion Control
ü Synthetic Turf Installation
ü Block Wall Fencing
ü Building Construction
ü Stud Wall Construction
ü Construction Management
ü Construction Inspection
ü Contract Administration
ü Labor Compliance
ü Geotechnical Testing
ü Utility Coordination/Relocation
ü Labor Compliance
ü Public Outreach
ü Retaining Walls
ü Synthetic Turf
ü Community Park Projects
ü Locker Room Amenities
ü Kitchen Upgrades
ü Energy-Efficient mechanical,
electrical, and plumbing
equipment
ü LED Lighting Systems
ü Demolition
ü Tennis Court Improvements
ü Pickleball Improvements
Z&K has successfully
delivered over 17
facility and building
improvement
projects serving in a
similar capacity over
the past 5 years.

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CITY OF LAKE FOREST | ARBOR MINI PARKS, VINTAGE AND SUNDOWNER PARKS, BORREGO OVERLOOK, REGENCY, AND RANCHO SERRANO PARKS (SIX (6) PARK IMPROVEMENT PROJECTS) Z&K Consultants provided Construction Management, Construction Inspection, and Contract administration for the Arbor Mini Parks and Neighborhood Park Renovations, which includes Borrego Overlook, Regency, Rancho Serrano, Sundowner, and Vintage Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Z&K is managing and coordination all aspects of the project, performing pre-construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities.

CITY OF SOUTH GATE | HOLLYDALE COMMUNITY PARK IMPROVEMENTS PROJECT The Z&K Team provided Project Management, Construction Management and Inspection services for the City of Couth Gate’s Hollydale Community Improvement Project. The project involves the renovation of Hollydale Community Park which is located at 12119 Industrial Avenue, in the City of South Gate. The Project improvements include a new community center, new lighting and electrical systems, concrete improvements, stormwater chambers, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, block wall fence, construction of a new 1,675 SF community building and other miscellaneous work. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. Z Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects and assisted the City with bidding, bid analysis, and award.

CITY OF LYNWOOD | YVONNE BURKE – JOHN HAM PARK COMMUNITY CENTER Z&K Consultants provided Project Management, Construction Management and Inspection Services for this new 8,645 SF community center and park. The project included building improvements, such as a kitchen, multipurpose rooms, administration offices, restrooms, game room, concession room, as well as improvements to the park, such as landscaping, irrigation, retaining walls, block wall fencing, site lighting, concrete walkways, water features, outdoor exercise stations, a natural grass baseball field, outdoor basketball court, covered picnic and barbecue areas, playground equipment, public restrooms, a ¾ mile ADA accessible walkway, outlet structures, and paving improvements. The building utilized a dual plumbed system and the site used reclaimed water for irrigation. The project required close coordination with SCE, Region Water Quality Control Board, and Los Angeles County Department of Public Health. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects.

CITY OF SAN BERNARDINO | PLAYGROUND EQUIPMENT REPLACEMENT FOR SIX PARKS The Z&K Team provided Project Management, Construction Management and Inspection services for this project, which consisted of park improvements to six (6) community parks in the City of San Bernardino. Parks that received improvements included Jack Reilly Park, Encanto Park, Gutierrez Park, Colony Park, Delmann Heights Park, and La Plaza Park. Z&K oversaw the replacement of playground and exercise equipment, installation of block wall fencing, grading, irrigation and landscaping improvements, construction of a basketball courts and other sports fields, installation of barbecue and picnic areas, ADA accessible curb ramps and walkways, storm drain construction, and various concrete improvements. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, monthly accounting of construction costs, reviewed shop drawings, processed submittals and requests for information, performed labor

Page 5 of 25 ends

compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies.

CITY OF SAN BERNARDINO | SECCOMBE LAKE PARK AND PERRIS HILLS PARK The Z&K Team provided Construction Management and Inspection services for this project, which involved improvements to Seccombe Lake Park and Perris Hills Park in the City of San Bernardino. Z&K personnel performed constructability reviews of the project plans and specifications prior to the bid release. The project included grading, fencing, new CMU restroom buildings, and ADA parking space construction. The project also included landscaping and irrigation improvements, ADA sidewalk improvements, installation of playground and exercise equipment, installation of horseshoe pits, improvements to a baseball diamond, playground areas, picnic and barbecue areas, and installation of several benches. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities.

CITY OF LA QUINTA | SILVERROCK PARK VENUE SITE
Z&K provided Project Management, Construction Management and Inspection Services for this Project, which sits on 14 acres with approximately eight (8) acres of walking paths, turf, and landscaping. Construction work included precise grading, hardscape, landscaping and irrigation, stream and lake construction, furnishing and installation of lighting, decomposed granite parking lot construction, concrete ADA parking space construction, concrete and decomposed walkways, construction of a stage, installation of playground equipment, picnic and BBQ areas, park lighting, construction of an outdoor theater with seating area.

The Project included traffic control, dust control, SWPPP, 6” PCC paving, 6” concrete vertical curb, 4” concrete rolled curb, over 70,000 SF of decomposed stabilized granite, concrete cross gutter, parking lot signage and striping, ADA curb ramps, ADA parking stalls, fire line, water line, headwalls, and rip rap, drinking fountains, parking lot lighting, and landscaping. Z&K personnel provided full time construction management and inspection services to ensure compliance with the contract documents, evaluated the Contractor’s daily performance, coordinated and conducted pre-construction meeting, regularly scheduled construction progress meetings, tracking and reviewing RFIs and submittals, ensuring contractor’s compliance with public right-of-way, performing utility coordination, monitoring compliance with BMPs, assisting with community outreach efforts, and coordinated completion of final punch-list items, project close-out, and final inspection and walkthrough. Z&K provided a full comprehensive constructability review performed by the CM team and our in-house designers and architects.

CITY OF SAN BERNARDINO | SPLASH PADS FOR FOUR PARKS
The Z&K Team provided Project Management, Construction Management and Inspection for this series of park improvement projects, which involved splash pad installation for four (4) parks; Tom Minor Park, Wildwood Park, Lytle Creek Park, and Anne Shirrels Park. Z&K oversaw the installation of splash pad and playground equipment, irrigation and landscaping improvements, grading, concrete improvements, ADA accessible ramps, improvements to lighting and electrical systems, and construction of block wall fencing.

In addition to providing constructability review during the pre-construction phase, Z&K coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities.

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LOCAL STAFFING LIST

ORGANIZATIONAL CHART
Z&K has carefully selected this "A-Team" and has committed our most qualified staff for the duration of the contract. Our proposed Z&K team includes the following subconsultant, with whom we’ve worked together on numerous projects and share great synergy:
» Converse Consultants: Materials Testing Services
Our proposed team members have extensive experience in Construction Management and Inspection of building and facility improvement projects. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using highly qualified multi-disciplined personnel, we can provide a cost of service well under industry standard.

As-Needed inspectors are included for work outside of normal working hours to accommodate construction and operational needs.

SUBCONSULTANTS | CONVERSE CONSULTANTS
In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employeeowned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the Division of the State Architect (DSA), California Department of Transportation (Caltrans), US Army Corps of Engineers, American Association of State Highway and Transportation Officials (AASHTO), and the Cement and Concrete Reference Laboratory (CCRL). A registered civil engineer supervises each lab to ensure all of our equipment is calibrated regularly, and quality control is available 24/7.

Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with staff and outside agencies.

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Seal Beach City CouncilSeptember 12, 2022

Seal Beach City Council
September 12, 2022