Cities Index.
Agenda packet

Seal Beach City Council
June 12, 2023

Document
Agenda packet
Meeting
June 12, 2023
Body
Seal Beach City Council
Pages
9
Original file
48.4 MB
Text extracted from the city's file for reading and search. Open the original on sealbeach.primegov.com. That file is the official record.

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, June 12, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

THOMAS MOORE
MAYOR
Second District

SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District

JOE KALMICK
COUNCIL MEMBER
First District

LISA LANDAU
COUNCIL MEMBER
Third District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for the rebroadcast of meetings.    The meetings are also available on demand on the City’s website (starting 2012).

In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

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
• Lions Club Donation to the Seal Beach Lifeguards for Funds Raised at the Duck Drop and Horseshoe Competition
• National Beach Safety Week Proclamation – May 22-29, 2023 • Recognition of Former Public Works Executive Assistant Elizabeth Camarena
• Retirement Recognition of Marine Safety Lieutenant Chris Pierce

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

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

Supplemental Question from Councilmember Steele
Supplemental Public Comment from Matthew Terry
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

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

COUNCIL ITEMS
A. Amendment to the City Council Rules of Procedures Adding City Council Norms and City Council and City Manager Commitments - That City Council adopt Resolution 7411 to amend the City Council’s Rules of Procedures (Council Policy 100-3) by adding a new Section, City Council Norms and City Council and City Manager Commitments, and other minor (numerical) changes.

B. Consideration of Mayor Moore’s Request to Establish an Ad Hoc Parking Committee to Review the City’s Parking Management Program and Evaluate and Advise on a Proposed Paid Parking Program for the Main Street Area - That the City Council consider the request of Mayor Moore to establish an Ad Hoc Parking Committee and appoint two (2) Council Members and two (2) Police Department Staff Liaisons to review the City’s Parking Management Program and advise on a proposed paid parking program for the Main Street area.

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.

C. Approval of the May 22, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on May 22, 2023.

D. Demands on City Treasury (Fiscal Year 2023) June 12, 2023 - Ratification.

E. Second Reading and Adoption of Ordinance 1705 - That the City Council waive full reading, read by title only, and adopt Ordinance 1705 titled "An Ordinance of the City of Seal Beach City Council Renewing Ordinance 1694 and Approving the Seal Beach Police Department’s Updated Military Equipment Use Policy.”
F. Professional Services Agreement with Transtech Engineers, Inc. - That the City Council adopt Resolution 7412: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $420,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement.

G. Professional Services Agreement with Holistic System Integration Solutions for Information Technology Services - That the City Council adopt Resolution 7413: 1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $45,760; and, 2. Authorizing the City Manager to execute the Agreement.

H. Approving Submittal of FY 2023-2024 Measure M2 Eligibility Package and its Components - That the City Council adopt Resolution 7414: 1.

Concerning the Status and Update of the Circulation Element, Local Signal Synchronization Plan and Mitigation Fee Program for the City of Seal Beach; and, 2. Adopt the seven-year Measure M2 Capital Improvement Program (CIP) for Fiscal Years 2023-2024 through 2029-2030; and, 3. Direct the City Manager to file the adopted Resolution, Capital Improvement Program and the Measure M2 eligibility documents with Orange County Transportation Authority (OCTA) in compliance with the requirements of OCTA.

I. Ratifying Expenditures Related to the Facility Lease to Beach House at the River, LLC - That the City Council adopt Resolution 7415: 1. Ratifying additional expenditures made by the City related to the Facility Lease with Beach House at the River, LLC in the amount of $59,171.36; and, 2.

Allocating $30,000 to CIP BG1808 for continued obligations contested under Facility Lease with Beach House at the River, LLC; and, 3. Approving Budget Amendment #BA 23-12-01 in the amount of $90,000.

J. Awarding and Authorizing Execution of a Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial Planning Services - That the City Council adopt Resolution 7416: 1. Awarding a Professional Services Agreement to Raftelis Financial Consultants, Inc. in a not-to-exceed amount of $82,415 to provide Water and Wastewater Financial Planning Services; 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 $5,000 in connection with the Project.

K. Accepting Grant Funds and Authorizing Execution of an Agreement with the U.S. Department of Transportation Federal Highway Administration Office of Safety for Participation in the Safe Streets and Roads for All (SS4A) Grant Funding Program - That the City Council adopt Resolution 7417 accepting an award of grant funds and authorizing the City Manager to execute an agreement with the U.S. Department of Transportation (USDOT) Federal Highway Administration (FHWA) Office of Safety for participation in the Safe Streets and Roads for All (SS4A) Grant Funding Program for the City of Seal Beach Safety Action Plan.

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

NEW BUSINESS
L. Purchase and Installation of a New Voice Over Internet Protocol (VoIP) Telephone System for all City Facilities - That the City Council adopt Resolution 7418: 1. Awarding and authorizing the City Manager to execute Agreements for the procurement, installation and implementation of a new Voice over Internet Protocol (VoIP) Telephone System for all City facilities in a not-to exceed amount of $71,660.14 for the initial term as follows: a) Awarding and authorizing a Professional Service Agreement with ICS Intelesys, Inc. (“Intelesys”) for the installation, integration, and implementation of a new citywide telecommunication (“Unified Communications as a Service,” or “UCaaS”) system with an initial term of one (1) year in a not-to exceed amount of $13,500; and, b) Awarding and authorizing a Telecommunications Agreement with GoTo Communications, Inc. (“GoTo”), for the provision of equipment, telecommunications services, software, and software as a service for a new citywide telecommunication system with an initial term of one (1) year in a not-to exceed amount of $58,160.14; and, 2. Authorizing the City Manager to extend services in a not-to exceed amount of $116,883.84 for up to four (4), additional one-year extensions, as follows: a) Extending the Professional Services Agreement with Intelesys, Inc. for up to four (4), additional one-year terms at no cost to the City; and, b) Extending the Telecommunications Agreement with GoTo for up to four (4), additional oneyear terms, for a not-to exceed amount of $29,220.96 per year; and, 3.

Authorizing the City of Seal Beach to become a member of The Interlocal Purchasing System (TIPS) at no cost to the City and piggyback from a Cooperative Purchasing Agreement between Region 8 Education Services Center, Pittsburg, Texas and TIPS, (TIPS Contract #221003) to facilitate the provision of monthly VoIP telephone system services at a lower rate only available to TIPS members; and, 4. Authorizing the City Manager to approve additional work requests in connection with the project in a not-to-exceed amount of $10,000 for unforeseen project costs; and, 5. Authorizing the City Manager and City Attorney to make minor, non-monetary revisions to the GoTo Agreement, as needed; and, 6. Rejecting all other proposals.

ADJOURNMENT
Adjourn the City Council to Monday, June 26, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

Elizabeth Camarena
Executive Assistant
Public Works
x
Over 15 Years of Service
to the City of Seal Beach

CHRIS PIERCE

MARINE SAFETY

LIEUTENANT
33Years of Service to the City of Seal Beach
1 Gloria Harper
Subject: FW: Questions
-----Original Message-----
From: Jill Ingram <[email protected]>
Sent: Monday, June 12, 2023 9:59 AM
Cc: Executive Team <[email protected]>; Dana Engstrom <[email protected]> Subject: RE: Questions
BCC: CITY COUNCIL
Please see response below to Nathan Steele's question regarding the Warrant Listing on tonight's agenda.

As always, please let me know if you have any additional questions. Also, please let me know ASAP if you plan to pull any Consent Calendar items so that staff and the Clerk's Office are prepared for a staff presentation tonight.

See you tonight,
Jill
Jill R. Ingram, ICMA-CM
City Manager
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1300

-----Original Message-----
From: Nathan Steele <[email protected]>
Sent: Saturday, June 10, 2023 1:02 PM
To: Jill Ingram <[email protected]>
Subject: Questions
Question from Warrants
Items:
0010332. “Abandoned Vault”
This payment is to Valverde Construction, Inc. and this payment was for work to replace the water meter and vault that serves the northerly side of the Naval Weapons Station. liVr. , , !
4t' ' 1‘
7, ' f14
ftlt ..

I
4 1 .
1 1
7 411111P• WAS r
0,.
1 4.
mi
y

0....
8 I
1 4' '-• - L t
1 ---- "' \ ' ; 1111111111111111111' i
o---r0
lirlai: i. , 44 ''. 1;71%rn''•71141 /-•'- ,. , ." • ../. Iti,".*:

44. A -
vt:,•- .--.--7::*`•:-:44./,... lie 4 __ 11% 0,... -.:. •-• PA( - • 14- - ad, 1 S,_•=11. w.„, I 1‘..• ilr - - 41111/
MI
41 k - hr.: ,
N..,
5140600„.
1111111
1".• -.--
5 .' :'.';- • _ „...

Agenda Item A

AGENDA STAFF REPORT
DATE: June 12, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Amendment to the City Council Rules of Procedures Adding City Council Norms and City Council and City
Manager Commitments
________________________________________________________________ SUMMARY OF REQUEST:

That City Council adopt Resolution 7411 to amend the City Council’s Rules of Procedures (Council Policy 100-3) by adding a new Section, City Council Norms and City Council and City Manager Commitments, and other minor (numerical) changes.

BACKGROUND AND ANALYSIS:

City Council Policy 100-3 was adopted on November 9, 2009, by the City Council to define the roles, responsibilities, and expectations of the Council and staff. The policy was amended on December 9, 2013, and July 28, 2014, respectively. A copy of the current Council’s Rules of Procedure (Council Policy 100-3) is attached for reference. (Attachment B)
At the April 4, 2023, Special Meeting of the City Council – Strategic Planning Workshop, an overview of Section 10(C) and 10(D) of the current Council’s Rules of Procedure (Council Policy 100-3) was presented and reviewed in detail, followed by Council discussion to implement the newly stated City Council Norms and City Council and City Manager Commitments. There was consensus from the Mayor and City Council to amend the Council’s Rules of Procedure (Council Policy 100- 3) by adding City Council Norms and City Council and City Manager Commitments, and other minor (numerical) changes (Attachment C).

The addition of the City Council Norms and City Council and City Manager Commitments will be identified as SECTION 11. CITY COUNCIL NORMS AND CITY COUNCIL AND CITY MANAGER COMMITMENTS: Section 11(A) CITY COUNCIL NORMS and SECTION 11(B) CITY COUNCIL AND CITY MANAGER COMMITMENTS. While SECTION 11 is currently identified as ISSUANCE, it will be amended and identified as SECTION 12. ISSUANCE. (Attachment D)

Page 2 ends

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

There was consensus by the Council at the Strategic Plan Workshop on April 4, 2023, to update the Council’s Rules of Procedures (Council Policy 100-3) to include the newly stated City Council Norms and City Council and City Manager Commitments.

RECOMMENDATION:

That City Council adopt Resolution 7411 to amend the City Council’s Rules of Procedures (Council Policy 100-3) by adding a new Section, City Council Norms and City Council and City Manager Commitments, and other minor (numerical) changes.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7411
B. Council Policy (100-3) Current
C. Strategic Plan Workshop (04042023) – Council Agreed upon Norms D. Council Policy (100-3) Proposed
RESOLUTION 7411

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AMENDING THE COUNCIL RULES OF PROCEDURE (COUNCIL
POLICY 100-03) BY ADDING CITY COUNCIL NORMS AND CITY

COUNCIL AND CITY MANAGER COMMITMENTS
WHEREAS, The City Council desires to amend City Council Policy 100-03 to add a new Section, City Council Norms and City Council and City Manager Commitments.

WHEREAS, At the April 4, 2023, Special Meeting of the City Council – Strategic Planning Workshop, there was consensus from the Mayor and City Council to add a new Section, Council Norms and City Council and City Manager Commitments to the current City Council Policy.

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

Section 1. The City Council hereby amends Council Policy 100-03 adding the City Council Norms and City Council and City Manager Commitments to be identified as SECTION 11. CITY COUNCIL NORMS AND CITY COUNCIL AND CITY MANAGER COMMITMENTS: Section 11(A) CITY COUNCIL NORMS and SECTION 11(B) CITY COUNCIL AND CITY MANAGER COMMITMENTS. While SECTION 11 is currently identified as ISSUANCE, it will be amended and identified as SECTION 12. ISSUANCE.

Section 2. Except as expressly amended by this Resolution, Council Policy 100-03 shall remain in full force and effect.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on this 12th day of June, 2023 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

Thomas Moore, 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 7411 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 June, 2023.

Gloria D. Harper, City Clerk
1 of 11
(100-03)

CITY OF SEAL BEACH
Council Policy

SUBJECT

COUNCIL RULES OF PROCEDURE

SECTION
100
INDEX NO.
03 CURRENT

REVISION
Res #6495

REVISION
DATES
07/28/14

COUNCIL

APPROVAL
Res #5919
11/09/09
CITY

MANAGER
approval
N/A

1. SCOPE
The successful operation of a municipality requires that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization. These standards will promote communication, understanding and trust among members of the City Council, the public and City staff concerning their roles, responsibilities and expectations, and public participation in the process.

2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council/staff interaction and procedure for orderly conduct of City Council meetings, special meetings, and study sessions. Due to the informal nature of workshops, study sessions and joint meetings, the presiding officer may deviate from these rules, provided all deviations comply with the Brown Act.

The establishment and periodic review of these City Council rules will help protect free speech and civil discourse and facilitate the orderly, efficient conduct of productive, issue-based City Council meetings.

3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of the City Council and Redevelopment Agency. Unless otherwise stated, reference to the City Council shall also include the Redevelopment Agency.

When these rules refer to the Mayor and Council Members, the term shall also include Chair and Members of the Redevelopment Agency. Any act that the Mayor is authorized to perform may be performed by the Mayor Pro Tem in the Mayor’s absence, or by the Vice Chair of the Redevelopment Agency in the Chair’s absence.

City Council Meetings shall be conducted according to Article IV of the City Charter, provisions of the Government Code that pertain to holding meetings in public (Section 54950 - 54963; the Brown Act), and Robert’s Rules of Order, 2 of 11
(100-03)
Newly Revised, if the Charter, the Brown Act or these Rules do not address a subject.

4. ORDER OF AGENDA
A. Matters shall be heard in the order printed on the City Council agenda. However, with Council approval, if several community members are present to speak on that specific agenda item or if the Council otherwise determines that it is in the public interest to change the order of the agenda, the Council may hear agenda items out of their prescribed order on the printed agenda. The appropriate time to rearrange the order of the agenda is while considering the approval of the agenda.

B. At the time the Council considers approval of the agenda, the Council may approve a request by the City Manager to change the agenda.

C. Consent Calendar. During consideration of approval of the agenda:

1. A Council Member may remove items listed on the Consent Calendar for individual consideration.

2. Upon request by the City Manager, City Attorney or member of the public, the presiding officer may remove items listed on the Consent Calendar for individual consideration.

D. At anytime during a council meeting, any Council Member may request an item be placed on a council agenda within two regular Council meetings. In addition, the Mayor may place items on the next council agenda at any time that complies with the Brown Act posting of agenda requirements. Notwithstanding the foregoing, neither the Mayor nor any other Council Member may place on a council agenda the performance evaluation of any officer of the City (as that term is defined in Section 700 of the City Charter) unless requested at a Council meeting and having the concurrence of at least two other Council Members. All agenda matters including ordinances, resolutions and contract documents shall, before presentation to the Council, be 1) examined and approved as to form and legality by the City Attorney and 2) examined and approved for administration by the City Manager (or in his/her absence, his/her designee).

E. Reading of Minutes. Unless a member of the Council requests a reading of the minutes, the minutes may be approved without reading if the City Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the Council. 3 of 11
(100-03)

5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government business at open and public meetings, except in certain limited situations as authorized by California State law, for those matters properly considered within a closed session meeting. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report from the Bureau of State Audits.

B. Rule of Confidentiality. The Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties. Council Members shall keep all written materials and verbal information properly provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, or, as appropriate, the City Attorney and/or the City Manager, except where authorized by a majority of the City Council.

C. The Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the Council, City Attorney, and City Manager shall adhere to a strict policy of confidentiality of closed sessions.

D. Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session unless the Council authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury.

E. Closed session business shall be described on the public agenda.

Public comment on closed session items shall be allowed before convening the closed session. After a closed session, the Council shall convene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions all to be consistent with the requirements of the Brown Act.

6. CITY COUNCIL MEETING RULES OF ORDER
A. Robert’s Rules of Order, Newly Revised shall govern the proceedings of the Council in all instances not addressed by the City Charter, Brown Act or these Council Rules of Conduct.
4 of 11
(100-03)
B. Rules of Debate.

1. Presiding officer may engage in discussion and Council votes. The presiding officer (Mayor) may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason for his/her acting as the presiding officer.

2. Getting the Floor -- Improper References shall be avoided.

Every person desiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.

3. Interruptions. Once recognized, a speaker shall not be interrupted unless it is to call him/her to order, or as otherwise provided in these rules. If a speaker is called to order, he/she shall stop speaking until the question of order is determined, and, if in order, shall be permitted to proceed.

4. Motion to reconsider. Other than with respect to adoption of resolutions of final actions in quasi-judicial proceedings, a Council Member may move to reconsider action taken by the Council only on the date action was taken or at the next subsequent meeting. This motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motion or while a member has the floor; it is debatable. Nothing in these rules prevents a Council Member from making or remaking the same motion or any other motion at a subsequent meeting of the Council.

5. Remarks of Council Member - When Entered in Minutes. A Council Member may request, through the presiding officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes.

6. Limitation of Debate. No Council Member shall be allowed to speak more than once upon a particular subject until each Council Member desiring to do so have spoken.

7. Each Council Member shall limit his/her comments to 15 minutes on each item on the agenda.

7. RULES OF DECORUM
A. Remarks during Council meetings. No person shall make slanderous, libelous, personal or profane remarks, disrupt the conduct of the meeting, or make threats against any person or the public order. 5 of 11
(100-03)
B. The presiding officer shall use his/her discretion to enforce these rules. Council Members and staff shall be polite. Even under tense situations, all speakers shall refrain from the use of profanity, impolite or disrespectful remarks and offensive gestures, either towards a Council Member, staff or the public.

C. Public remarks.

1. The City encourages the public to participate in every public meeting conducted by the City. Any member of the public may directly address the Council on any item of interest to the public, or any item on the agenda, during the portion of the agenda entitled, “Oral Communications.” In addition, any member of the public may provide testimony at any public hearing.

Consistent with the City’s established policy, all comments shall be civil.

Pursuant to the Brown Act, the Council cannot take action on or discuss any item not appearing on the posted agenda.

2. Each person desiring to address the Council shall approach the podium and when recognized by the presiding officer shall step to the microphone, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than 5 minutes. In certain matters, the presiding officer may limit remarks to 3 minutes. In order to effectively enforce the time limit, the Mayor Pro Tem shall monitor the time for each speaker and inform the Council when the time limitation has been reached. The presiding officer shall strictly enforce the time limit in order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business. Individual speakers may not use the allocation of other persons. Individual speakers may not speak twice on the same agenda item. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the speaker may speak without the permission of and through the presiding officer.

Each person will be allowed to present information to the City Council. Any printed information is optional and shall be given to the City Clerk and shall consist of at least 15 copies for the City Council, City Staff, and public. The person can present a powerpoint presentation, during “Oral Communications”, if the presentation is provided to the City Clerk in advance, by noon on the Friday before a City Council meeting. Any presentation will not exceed the 5 minute time limit. (revised 07/11/11)

3. Speakers shall refrain from attacking the character of any person. The presiding officer, subject to appeal to the Council, shall be the judge of whether speakers are impugning character. (See: Rules Of Decorum - Section 7 E.2.)
6 of 11
(100-03)

4. The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations.

5. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, any group of persons wishing to address the Council on the same subject matter is encouraged to choose a spokesperson to address the Council.

D. Relevancy. At public hearings, speakers shall confine their remarks to those that are relevant to the subject of the hearing. The presiding officer, subject to appeal to the Council, shall be the judge of relevancy.

E. Members of the Audience.

1. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council Chambers by the Sergeant at Arms.

2. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the Council may find critical, unpleasant, or even offensive. The Brown Act states that the Council “shall not prohibit public criticism of the policies, procedures, programs or services of the City or the acts or omission of the City Council.” However, the Brown Act also provides that nothing in such provision “shall confer any privilege or protection for expression beyond that otherwise provided by law.” Moreover, the Brown Act also recognizes it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures, and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits.

F. City Council Remarks.

1. Council Members shall address the public and staff in a courteous manner. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer.

Council Members shall not leave their seats during the meeting without first obtaining the permission of the presiding officer.
7 of 11
(100-03)

2. Each individual Council Member shall respect the
interpersonal style and individual points of view of the other Council Members and shall respect each other’s right to disagree. All Council Members shall exhibit a high degree of decorum and courtesy during the City Council meetings, towards other Council Members, the public, and City staff.

3. Council Members may discuss non-agenda items under any of the following exceptions. Council Members may briefly respond to statements made or questions posed by persons once the presiding officer closes Oral Communications. In addition, on his/her own initiative or in response to questions posed by the public, a Council Member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities. Furthermore, the Council may provide a reference to staff or other resources for factual information, request that staff report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.

4. Council Members shall not make hostile remarks. Council Members shall not engage in debate with a member of the public at a Council meeting. If a speaker from the public attacks a Council Member, the presiding officer may ask the staff for input, if appropriate. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of the public input, the presiding officer shall then afford each Council Member the opportunity to briefly respond.

5. Council Members shall keep open minds on all issues prior to deliberation immediately prior to a vote. Council Members shall base their decisions in quasi-judicial matters upon the evidence, including testimony presented at the public hearing.

6. There shall be no “grandstanding” on any issue. In this context, “grandstanding” means the misuse of the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. “Grandstanding” includes: personally attacking another Council Member, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view unrelated to the issue before the Council solely for the purpose of playing to the audience; using the dais for non-City business; addressing the media for political purposes rather than addressing the Council as a body; or purposely misstating the facts of an issue for political purposes.

7. During deliberation on any issue, each Council Member has the right to express his/her opinions as to the issue, and be a passionate advocate for a position or point of view. However, City policy is established by the majority and not by any individual Council Member. Council Members who are in the majority shall respect the right of the minority to express disagreement with the majority. Once the decision is reached, Council Members who are in the minority on an issue shall respect the authority of the majority. 8 of 11
(100-03)

8. A Council Member shall retain all of his/her rights and privileges of the dais.

G. Comments regarding City employees. Council Members shall not make comments regarding City personnel matters. Any concerns by a Council Member about the performance of a City employee should be discussed privately with the City Manager. Council Members shall refrain from engaging in personal attacks on staff at any time.

H. Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council.

Members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.

I. Enforcement of Decorum. The Chief of Police, or such member of the police department as he/she may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A Council Member may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to do so.

J. Violation of the Rules of Decorum. Upon violation of the rules of decorum, the established procedure to enforce the rules shall be as follows:

1. Warning. Any person making slanderous, libelous, personal or profane remarks or who becomes boisterous during a City Council meeting shall be called to order by the presiding officer. The presiding officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the presiding officer, the person persists in violating the rules, the presiding officer shall order a recess. Any representative of law enforcement who is present at the meeting when any violations occur shall be authorized to warn the person that his/her conduct is violating the rules and that he/she is requested to cease such conduct. If upon resumption of the meeting the violation persists, the presiding officer shall order another recess, whereupon the presiding officer shall have the authority to ask the law enforcement personnel to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403.

2. Motion to Enforce. If the presiding officer fails to enforce the rules of decorum set forth herein, any Council Member may move to require the presiding officer to do so, and an affirmative vote of a majority of the Council shall require the presiding officer to do so. If the presiding officer fails to carry out the wishes of the majority of the Council in this matter, the majority may designate another Council Member to act as presiding officer for the limited purpose of enforcing the rules of decorum established herein. 9 of 11
(100-03)

3. Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session.

Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session pursuant to the Government Code Section 54957.9. Nothing in this section shall prohibit the Council from readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

4. Violation of the California Penal Code. Any person who, without authority of law, willfully disturbs or breaks up any meeting, is guilty of a misdemeanor and may be prosecuted under Penal Code Section 403 for disturbing a public meeting.

8. VOTING
A. Failure to Vote. Every Council Member present will cast a vote unless he/she disqualifies himself/herself by reason of conflict of interest.

1. In the event of a conflict of interest due to a financial interest in the decision, a councilmember must: (i) identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar.

2. In addition to a conflict due to financial interest, there are other reasons to abstain, including the following: the Council Member does not wish his/her position to become known, he/she has no preference of position on the issue, has a common law conflict of interest, or is not in a position to vote in favor or against a matter due to absence.

3. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect as though no vote were cast in result of the vote when counted. The recorded and published vote, however, shall show the abstention.

B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

C. Changing Vote. A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.
10 of 11
(100-03)

9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting.

B. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting.

C. Waiver of Time Limit. The Council may waive these time limits by majority vote.

10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach operates under the Council-Manager form of government; Article VI of the City Charter defines the duties of the City Manager. Section 406 of the City Charter says that neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her duties.

B. The Council is the City’s policy-making body and the City Manager administers the Council’s policies. The Council holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and control by the City Manager.

C. Except for purposes of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinate of the City Manager, either publicly or privately.

D. Council Member Requests (revised 12/09/13)

1. All Council Member requests for written reports or research shall be addressed to the City Manager. The City Manager shall inform all Council Members that a Council Member has made such a request. Any Council Member may request a copy of any written material provided to the requesting Council Member.

2. If the City Manager determines that responding to a Council Member’s request for a report or research: (1) is outside the scope of the Council’s previously stated policies, goals, or objectives; and (2) would require more than 4 hours of staff time for a response, the City Manager may place the 11 of 11
(100-03)
item on a future Council Agenda for further direction from the entire Council.

3. Council Members should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If a Council Member has questions, needs clarification, or needs additional material, he or she shall advise the City Manager as early as possible before a City Council meeting so the staff can meet his or her needs.

4. Council Members may contact the City Attorney at any time and ask questions and make inquiries. However, individual Council Members may not direct the City Attorney to perform research or perform legal services without the City Council, as a body, first providing that direction at a City Council meeting.

E. City Council agenda reports should be provided to the City Council as early as possible before a meeting but no later than the Friday before that City Council meeting.

F. Staff reports shall give professional input on the issue, including areas of potential controversy and concern, shall try to present all sides of an issue, and shall recommend areas for discussion and decision by the City Council. Once a decision is made by the Council, it shall be fully supported, accepted and implemented by staff.

G. Any project requested by an individual Council Member must be authorized by the City Manager. If the City Manager deems the project to be outside the bounds of direction or policy from the Council given at a Council meeting, the Council Member making the request may bring the request to the full City Council. Staff responses to requests for written information from one Council Member shall be copied to all Council Members.

H. An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e .g., a special task force)

11. ISSUANCE
Approved by City Council November 9, 2009 by Resolution No. 5919.

Modified by City Council:

July 11, 2011 by Resolution No. 6160;
December 9, 2013 by Resolution No. 6422;
July 28, 2014 by Resolution No. 6495

1 of 13
(100-03)

CITY OF SEAL BEACH
Council Policy

SUBJECT COUNCIL RULES OF PROCEDURE

SECTION
100
INDEX NO.
03 CURRENT

REVISION
Res #6495
7411

REVISION
DATES
07/28/14
06/12/23

COUNCIL

APPROVAL
Res #5919
11/09/09
CITY

MANAGER
approval
N/A

1. SCOPE
The successful operation of a municipality requires that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization. These standards will promote communication, understanding and trust among members of the City Council, the public and City staff concerning their roles, responsibilities and expectations, and public participation in the process.

2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council/staff interaction and procedure for orderly conduct of City Council meetings, special meetings, and study sessions.

Due to the informal nature of workshops, study sessions and joint meetings, the presiding officer may deviate from these rules, provided all deviations comply with the Brown Act.

The establishment and periodic review of these City Council rules will help protect free speech and civil discourse and facilitate the orderly, efficient conduct of productive, issue-based City Council meetings.

3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of the City Council and Redevelopment Agency. Unless otherwise stated, reference to the City Council shall also include the Redevelopment Agency. When these rules refer to the Mayor and Council Members, the term shall also include Chair and Members of the Redevelopment Agency. Any act that the Mayor is authorized to perform 2 of 13
(100-03)
may be performed by the Mayor Pro Tem in the Mayor’s absence, or by the Vice Chair of the Redevelopment Agency in the Chair’s absence.

City Council Meetings shall be conducted according to Article IV of the City Charter, provisions of the Government Code that pertain to holding meetings in public (Section 54950 - 54963; the Brown Act), and Robert’s Rules of Order, Newly Revised, if the Charter, the Brown Act, or these Rules do not address a subject.

4. ORDER OF AGENDA

A. Matters shall be heard in the order printed on the City Council agenda.

However, with Council approval, if several community members are present to speak on that specific agenda item or if the Council otherwise determines that it is in the public interest to change the order of the agenda, the Council may hear agenda items out of their prescribed order on the printed agenda. The appropriate time to rearrange the order of the agenda is while considering the approval of the agenda.

B. At the time the Council considers approval of the agenda, the Council may approve a request by the City Manager to change the agenda.

C. Consent Calendar. During consideration of approval of the agenda:

1. A Council Member may remove items listed on the Consent Calendar for individual consideration.

2. Upon request by the City Manager, City Attorney or member of the public, the presiding officer may remove items listed on the Consent Calendar for individual consideration.

D. At any time during a council meeting, any Council Member may request an item be placed on a council agenda within two regular Council meetings. In addition, the Mayor may place items on the next council agenda at any time that complies with the Brown Act posting of agenda requirements. All agenda matters including ordinances, resolutions and contract documents shall, before presentation to the Council, be 1) examined and approved as to form and legality by the City Attorney and 2) examined and approved for administration by the City Manager (or in his/her absence, his/her designee).

E. Reading of Minutes. Unless a member of the Council requests a reading of the minutes, the minutes may be approved without reading if the City Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the Council. 3 of 13
(100-03)

5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government business at open and public meetings, except in certain limited situations as authorized by California State law, for those matters properly considered within a closed session meeting. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report from the Bureau of State Audits.

B. Rule of Confidentiality. The Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties. Council Members shall keep all written materials and verbal information properly provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, or, as appropriate, the City Attorney and/or the City Manager, except where authorized by a majority of the City Council.

C. The Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the Council, City Attorney, and City Manager shall adhere to a strict policy of confidentiality of closed sessions.

D. Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, documents, or votes made in a closed session unless the Council authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury.

E. Closed session business shall be described on the public agenda.

Public comment on closed session items shall be allowed before convening the closed session. After a closed session, the Council shall convene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions all to be consistent with the requirements of the Brown Act.

6. CITY COUNCIL MEETING RULES OF ORDER
4 of 13
(100-03)
A. Robert’s Rules of Order, Newly Revised, shall govern the proceedings of the Council in all instances not addressed by the City Charter, Brown Act, or these Council Rules of Conduct.

B. Rules of Debate.

1. Presiding officer may engage in discussion and Council votes.

The presiding officer (Mayor) may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason for his/her acting as the presiding officer.

2. Getting the Floor -- Improper References shall be avoided. Every person desiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.

3. Interruptions. Once recognized, a speaker shall not be interrupted unless it is to call him/her to order, or as otherwise provided in these rules. If a speaker is called to order, he/she shall stop speaking until the question of order is determined, and, if in order, shall be permitted to proceed.

4. Motion to reconsider. Other than with respect to adoption of resolutions of final actions in quasi-judicial proceedings, a Council Member may move to reconsider action taken by the Council only on the date action was taken or at the next subsequent meeting. This motion must be made by one of the prevailing sides, but may be seconded by any member, and may be made at any time and have precedence over all other motion or while a member has the floor; it is debatable. Nothing in these rules prevents a Council Member from making or remaking the same motion or any other motion at a subsequent meeting of the Council.

5. Remarks of Council Member - When Entered in Minutes. A Council Member may request, through the presiding officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes.

6. Limitation of Debate. No Council Member shall be allowed to speak more than once upon a particular subject until each Council Member desiring to do so has spoken.

7. Each Council Member shall limit his/her comments to 15 minutes on each item on the agenda.
5 of 13
(100-03)

7. RULES OF DECORUM
A. Remarks during Council meetings. No person shall make slanderous, libelous, personal, or profane remarks, disrupt the conduct of the meeting, or make threats against any person or the public order.

B. The presiding officer shall use his/her discretion to enforce these rules.

Council Members and staff shall be polite. Even under tense situations, all speakers shall refrain from the use of profanity, impolite or disrespectful remarks and offensive gestures, either towards a Council Member, staff, or the public.

C. Public remarks.

1. The City encourages the public to participate in every public meeting conducted by the City. Any member of the public may directly address the Council on any item of interest to the public, or any item on the agenda, during the portion of the agenda entitled, “Oral Communications.” In addition, any member of the public may provide testimony at any public hearing. Consistent with the City’s established policy, all comments shall be civil. Pursuant to the Brown Act, the Council cannot take action on or discuss any item not appearing on the posted agenda.

2. Each person desiring to address the Council shall approach the podium and when recognized by the presiding officer shall step to the microphone, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than 5 minutes. In certain matters, the presiding officer may limit remarks to 3 minutes.

In order to effectively enforce the time limit, the Mayor Pro Tem shall monitor the time for each speaker and inform the Council when the time limit has been reached.

The presiding officer shall strictly enforce the time limit in order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business. Individual speakers may not use the allocation of other persons. Individual speakers may not speak twice on the same agenda item.

All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the speaker may speak without the permission of and through the presiding officer.

3. Each person will be allowed to present information to the City Council. Any printed information is optional and shall be given to the City Clerk and shall consist of at least 15 copies for the City Council, City Staff, and public.

The person can present a PowerPoint presentation, during “Oral Communications”, if the presentation is provided to the City Clerk in advance, by noon on the Friday 6 of 13
(100-03)
before a City Council meeting. Any presentation will not exceed the 5 minute time limit. (revised 07/11/11)

4. Speakers shall refrain from attacking the character of any person.

The presiding officer, subject to appeal to the Council, shall be the judge of whether speakers are impugning character. (See: Rules Of Decorum - Section 7 E.2.)

5. The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations.

6. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, any group of persons wishing to address the Council on the same subject matter is encouraged to choose a spokesperson to address the Council.

D. Relevancy. At public hearings, speakers shall confine their remarks to those that are relevant to the subject of the hearing. The presiding officer, subject to appeal to the Council, shall be the judge of relevancy.

E. Members of the Audience.

1. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council Chambers by the Sergeant at Arms.

2. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the Council may find critical, unpleasant, or even offensive. The Brown Act states that the Council “shall not prohibit public criticism of the policies, procedures, programs or services of the City or the acts or omission of the City Council.” However, the Brown Act also provides that nothing in such provision “shall confer any privilege or protection for expression beyond that otherwise provided by law.” Moreover, the Brown Act also recognizes it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures, and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits.

7 of 13
(100-03)
F. City Council Remarks.

1. Council Members shall address the public and staff in a courteous manner. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer. Council Members shall not leave their seats during the meeting without first obtaining the permission of the presiding officer.

2. Each individual Council Member shall respect
the interpersonal style and individual points of view of the other Council Members and shall respect each other’s right to disagree. All Council Members shall exhibit a high degree of decorum and courtesy during the City Council meetings, towards other Council Members, the public, and City staff.

3. Council Members may discuss non-agenda items under any of the following exceptions. Council Members may briefly respond to statements made or questions posed by persons once the presiding officer closes Oral Communications. In addition, on his/her own initiative or in response to questions posed by the public, a Council Member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities.

Furthermore, the Council may provide a reference to staff or other resources for factual information, request that staff report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.

4. Council Members shall not make hostile remarks. Council Members shall not engage in debate with a member of the public at a Council meeting. If a speaker from the public attacks a Council Member, the presiding officer may ask the staff for input, if appropriate. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of the public input, the presiding officer shall then afford each Council Member the opportunity to briefly respond.

5. Council Members shall keep open minds on all issues prior to deliberation immediately prior to a vote. Council Members shall base their decisions in quasi-judicial matters upon the evidence, including testimony presented at the public hearing.

6. There shall be no “grandstanding” on any issue. In this context, “grandstanding” means the misuse of the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. “Grandstanding” includes: personally attacking another Council Member, staff or 8 of 13
(100-03)
member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view unrelated to the issue before the Council solely for the purpose of playing to the audience; using the dais for nonCity business; addressing the media for political purposes rather than addressing the Council as a body; or purposely misstating the facts of an issue for political purposes.

7. During deliberation on any issue, each Council Member has the right to express his/her opinions as to the issue and be a passionate advocate for a position or point of view. However, City policy is established by the majority and not by any individual Council Member. Council Members, who are in the majority, shall respect the right of the minority to express disagreement with the majority.

Once the decision is reached, Council Members who are in the minority on an issue shall respect the authority of the majority.

8. A Council Member shall retain all of his/her rights and privileges of the dais.

G. Comments regarding City employees. Council Members shall not make comments regarding City personnel matters. Any concerns by a Council Member about the performance of a City employee should be discussed privately with the City Manager. Council Members shall refrain from engaging in personal attacks on staff at any time.

H. Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council.

Members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.

I. Enforcement of Decorum. The Chief of Police, or such member of the police department as he/she may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A Council Member may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to do so.

J. Violation of the Rules of Decorum. Upon violation of the rules of decorum, the established procedure to enforce the rules shall be as follows:

1. Warning. Any person making slanderous, libelous, personal, or profane remarks or who becomes boisterous during a City Council meeting shall be called to order by the presiding officer. The presiding officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a 9 of 13
(100-03)
request from the presiding officer, the person persists in violating the rules, the presiding officer shall order a recess. Any representative of law enforcement who is present at the meeting when any violations occur shall be authorized to warn the person that his/her conduct is violating the rules and that he/she is requested to cease such conduct. If upon resumption of the meeting the violation persists, the presiding officer shall order another recess, whereupon the presiding officer shall have the authority to ask the law enforcement personnel to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403.

2. Motion to Enforce. If the presiding officer fails to enforce the rules of decorum set forth herein, any Council Member may move to require the presiding officer to do so, and an affirmative vote of a majority of the Council shall require the presiding officer to do so. If the presiding officer fails to carry out the wishes of the majority of the Council in this matter, the majority may designate another Council Member to act as presiding officer for the limited purpose of enforcing the rules of decorum established herein.

3. Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session.

Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session pursuant to the Government Code Section 54957.9. Nothing in this section shall prohibit the Council from readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

4. Violation of the California Penal Code. Any person who, without authority of law, willfully disturbs or breaks up any meeting, is guilty of a misdemeanor and may be prosecuted under Penal Code Section 403 for disturbing a public meeting.

8. VOTING
A. Failure to Vote. Every Council Member present will cast a vote unless he/she disqualifies himself/herself by reason of conflict of interest.

1. In the event of a conflict of interest due to a financial interest in the decision, a councilmember must: (i) identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that 10 of 13
(100-03)
disclosure of the exact street address of a residence is not required); and, (ii) publicly state his or her recusal from the matter; and, (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar.

2. In addition to a conflict due to financial interest, there are other reasons to abstain, including the following: the Council Member does not wish his/her position to become known, he/she has no preference of position on the issue, has a common law conflict of interest, or is not in a position to vote in favor or against a matter due to absence.

3. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect as though no vote were cast in result of the vote when counted. The recorded and published vote, however, shall show the abstention.

B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

C. Changing Vote. A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.

9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting.

B. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting.

C. Waiver of Time Limit. The Council may waive these time limits by majority vote.

10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach operates under the Council-Manager form of government; Article VI of the City Charter defines the duties of the City Manager. Section 406 of the City Charter 11 of 13
(100-03)
says that neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her duties.

B. The Council is the City’s policy-making body, and the City Manager administers the Council’s policies. The Council holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction.

The practices of each department are subject to review and control by the City Manager.

C. Except for purposes of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinate of the City Manager, either publicly or privately.

D. Council Member Requests (revised 12/09/13)

1. All Council Member requests for written reports or research shall be addressed to the City Manager. The City Manager shall inform all Council Members that a Council Member has made such a request. Any Council Member may request a copy of any written material provided to the requesting Council Member.

2. If the City Manager determines that responding to a Council Member’s request for a report or research: (1) is outside the scope of the Council’s previously stated policies, goals, or objectives; and (2) would require more than 4 hours of staff time for a response, the City Manager may place the item on a future Council Agenda for further direction from the entire Council.

3. Council Members should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If a Council Member has questions, needs clarification, or needs additional material, he or she shall advise the City Manager as early as possible before a City Council meeting so the staff can meet his or her needs.

4. Council Members may contact the City Attorney at any time and ask questions and make inquiries. However, individual Council Members may not direct the City Attorney to perform research or perform legal services without the City Council, as a body, first providing that direction at a City Council meeting.

E. City Council agenda reports should be provided to the City Council as early as possible before a meeting but no later than the Friday before that City Council meeting.
12 of 13
(100-03)
F. Staff reports shall give professional input on the issue, including areas of potential controversy and concern, shall try to present all sides of an issue, and shall recommend areas for discussion and decision by the City Council. Once a decision is made by the Council, it shall be fully supported, accepted, and implemented by staff.

G. Any project requested by an individual Council Member must be authorized by the City Manager. If the City Manager deems the project to be outside the bounds of direction or policy from the Council given at a Council meeting, the Council Member making the request may bring the request to the full City Council. Staff responses to requests for written information from one Council Member shall be copied to all Council Members.

H. An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e .g., a special task force).

11. CITY COUNCIL NORMS AND CITY COUNCIL AND CITY MANAGER

COMMITMENTS
A. CITY COUNCIL NORMS

1. Maintain a citywide perspective, while being mindful of our districts.

2. Move from “I” to “We,” and from campaigning to governing.

3. Work together as a body, modeling teamwork and civility for our community.

4. Assume good intent.

5. Disagree agreeably and professionally.

6. Utilize long range plans to provide big picture context that is realistic and achievable.

7. Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.

8. Demonstrate respect, consideration, and courtesy to all.

9. Share information and avoid surprises.
13 of 13
(100-03)

10. Keep confidential things confidential, e.g., Closed Session meetings.

11. Respect the Council/Manager form of government and the roles of each party.

12. Communicate concerns about staff to the City Manager; do not criticize staff in public.

B. CITY COUNCIL AND CITY MANAGER COMMITMENTS

1. Agree to follow our agreed upon norms and protocols.

2. Agree to respect each other’s roles.

3. Each person shall contribute to the “care and feeding” of the partnership.

4. Respect the chain of command and use established processes.

11. 12. ISSUANCE
Approved by City Council November 09, 2009 by Resolution No. 5919.

Modified by City Council:

July 11, 2011 by Resolution No. 6160
December 9, 2013 by Resolution No. 6422
July 28, 2014 by Resolution No. 6495
June 12, 2023 by Resolution XXXX
Agenda Item B

AGENDA STAFF REPORT
DATE: June 12, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Consideration of Mayor Moore’s Request to Establish an Ad Hoc Parking Committee to Review the City’s Parking
Management Program and Evaluate and Advise on a
Proposed Paid Parking Program for the Main Street Area
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council consider the request of Mayor Moore to establish an Ad Hoc Parking Committee and appoint two (2) Council Members and two (2) Police Department Staff Liaisons to review the City’s Parking Management Program and advise on a proposed paid parking program for the Main Street area.

BACKGROUND AND ANALYSIS:

At the request of Mayor Moore this item is being agenized to consider the establishment of an Ad Hoc Parking Committee to analyze the proposed paid parking program for the Main Street area.

At the May 22, 2023, City Council meeting, Julie Dixon, President and Founder of Dixon Resources Unlimited, provided a detailed update on the Parking Management Program for the City of Seal Beach. The Parking Management Program Update provided an analysis of the parking program. At this meeting, City Council provided direction to staff to begin Town Hall meetings and outreach efforts related to the parking program and to provide public education related to the concept of paid parking on Main Street.

Staff recommends that if an Ad Hoc committee is established, the Ad Hoc committee should include two (2) Council Members and two (2) Police Department Staff Liaisons to engage in focused discussion on the proposed paid parking program for the Main Street area.

Page 2 ends

ENVIRONMENTAL IMPACT:

This item does not have an environmental impact.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council consider the request of Mayor Moore to establish an Ad Hoc Parking Committee and appoint two (2) Council Members and two (2) Police Department Staff Liaisons to review the City’s Parking Management Program and advise on a proposed paid parking program for the Main Street area.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria Harper, City Clerk Jill R. Ingram, City Manager
Agenda Item C

AGENDA STAFF REPORT
DATE: June 12, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the May 22, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on May 22, 2023.

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.

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on May 22, 2023.

Page 2 ends

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 – Regular Session, May 22, 2023
Seal Beach, California
May 22, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber.

Boy Scout Pack 667 lead the Pledge of Allegiance.

ROLL CALL

Present: Mayor Moore
Council Members: Kalmick, Landau, Steele, Sustarsic

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief, Marine Safety Department Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Craig Covey, Division 1 Chief Orange County Fire Authority Mike Ezroj, Police Captain
Nicholas Nicholas, Police Captain
Julia Clasby, Police Lieutenant
Ben Jaipream, Police Corporal
Alayna Hoang, Finance Manager
Tracey Yonemura, Management Analyst
Jennifer Robles, Management Analyst
Lauren Barich, Management Analyst
David Spitz, Associate Engineer
Tim Kelsey, Recreation Manager
Alex Nishimura, Police Officer
Shaheen Shaheen, Police Officer
Kathryne Cho, Deputy Public Works Director/City Engineer James Sonderegger, Former City Manager’s Office Intern
Jeremy Jenks, Marine Safety Officer

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Nine (9) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Mayor Pro Tem Sustarsic moved, second by Council Member Steele, to approve the agenda.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
• Leisure World Centenarian Presentation – Recognizing and Honoring World War II Veteran Alfred Arrieta
• Introduction of New Full-Time Employees and Recognition of Former Intern James Sonderegger
• National Public Works Week – May 21 – May 27, 2023
• Parking Management Plan Update
o Mayor Moore asked for Council to consider delaying the town hall meetings for a year, however, there was no Council consensus to delay the town hall meetings.
• Statement of Investment Policy – City’s Financial Advisor (PFM)

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speaker: Stephanie Wade, Kane Derm, and Kory DeLeon. Mayor Moore closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli indicated he had no items to report.

CITY MANAGER REPORT
City Manager Ingram reported she attended the Be More Healthy Expo emphasizing how awesome it was that free health screenings were made available to the entire community and thanked Diana Bean and the Chamber of Commerce for a wonderful event.

Additionally, she reported that the Executive Team along with Council Members Landau and Steele attended an infrastructure tour that included a tour of the West End Pump Station, McGaugh Pool, Lampson Well, Beverly Manor Pump Station, and Pump Station #35 in Old Town.

City Manager Ingram thanked Director of Public Works Iris Lee for conducting a walkthrough tour of the Traffic Management Center with all five Council members. Lastly, she reported that the entire City participated in the County-wide Tsunami tabletop emergency exercise held on May 17, 2023. She acknowledged Emergency Services Coordinator, Sergeant Brian Gray for the incredible amount of work he does on behalf of the Seal Beach community to ensure that we are properly prepared for an emergency.

COUNCIL COMMENTS
Council Member Landau reported her attendance at the Seal Beach Chamber Breakfast, the infrastructure tour, the Traffic Management Center walk-through, Lions Club Rubber Duck Drop, and a Marine Safety horseshoe tournament with proceeds to benefit the Lifeguard Department. She invited the community to join her at the Submarine Memorial Site on Seal Beach Boulevard at 11am on Memorial Day to honor the brave men and women who have served our country. Additionally, she noted there will also be a Memorial Day tribute at Eisenhower Park at 1pm.

Mayor Pro Tem Sustarsic reported her attendance at the Tsunami Table-Top Exercise “Next Wave,” thanking the Police Department for coordinating the exercise and the Traffic Management Center tour thanking Director Iris Lee for conducting the tour. Additionally, she attended the Airport Land Use Committee meeting and the Be More Healthy Expo.

She wished the Public Works department a wonderful Public Works Week noting how much she appreciates them and also wished the City Clerk’s office a happy Municipal City Clerks Week the week prior, noting she wished she was able to attend one of the daily events taking place at the City Clerk’s office. Lastly, she thanked the Finance department for all their hard work in preparing the Budget that is before the Council for adoption tonight.

Council Member Kalmick reported that he attended an Elected Officials Summit coordinated by California Joint Powers Insurance Authority, and he and Council Member Steele were invited to attend a three (3) day water tour to the Colorado River to learn about where the City’s water comes from beginning at the Hoover Dam.

Council Member Steele further discussed the water tour he attended with Council Member Kalmick, noting he really enjoyed it. Additionally, he attended the Orange County Vector Control District meeting where they approved the adoption of their Budget, a Leisure World Women’s Auxiliary (VFW) meeting – an organization that raises money for Veteran causes, a Golden Rain Foundation Board meeting, the beginning of the Tsunami Table-Top Exercise, the Traffic Management Center tour, the City infrastructure tour, and the City Selection Committee meeting where he indicated he was selected to be a member of the Senior Citizen Advisory Commission. Lastly, he helped staff distribute iPads to Leisure World that were awarded to the City through a grant from the County of Orange.

Mayor Moore reported that he attended the Lions Club Rubber Duck Drop event where over 800 ducks were released to support the Lifeguards, attended the Traffic Management Center tour, and also the Be More Healthy Expo. Lastly, he helped staff with the distribution of iPads to Leisure World that were awarded to the City from the County through a grant.

COUNCIL ITEMS
There were no Council items.

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Special Budget Workshops for the General Fund held on May 1, 2023, the Capital Improvement Projects held on May 2, 2023, and the minutes of the Closed Session and Regular City Council meetings held on May 8, 2023.

B. Demands on City Treasury (Fiscal Year 2023) May 22, 2023 - Ratification.

C. Monthly Investment Report – April 30, 2023 - Receive and file.

D. Second Reading and Adoption of Ordinance 1704 - That the City Council waive full reading, read by title only, and adopt Ordinance 1704 titled "An Ordinance of the City of Seal Beach adding Chapter 7.65 (Operation of Regulated Mobility Devices) to the Seal Beach Municipal Code to regulate the use of mobility devices in the City and finding the Ordinance to be exempt from review under the California Environmental Quality Act.” E. Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7402: 1.

Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2.

Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

F. Awarding and Authorizing Execution of a Professional Services Agreement with Interwest Consulting Group, Inc. for On-Call Reimbursable Permit Review and Plan Check Services - That the City Council adopt Resolution 7403: 1. Awarding a three-year Professional Services Agreement to Interwest Consulting Group, Inc. for Reimbursable Permit Review and Plan Check Services in a not-to-exceed amount of $80,000 per year and a total not-to exceed amount of $240,000 for the original term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $80,000 per additional term.

G. Renewal of Agreement for Prosecution Services with Orange County District Attorney (OCDA) - That the City Council adopt Resolution 7404 approving the renewal of an existing Agreement with Orange County District Attorney (OCDA) for prosecution of Seal Beach Municipal Code violations. This Agreement shall continue in full force and effect for a five-year period commencing July 1, 2023, terminating on June 30, 2028.

H. Approve the Fiscal Year 2022-23 Year-End Budget Amendment 23-11-01 - That the City Council adopt Resolution 7405 to approve Fiscal Year 2022-23 Budget Amendment BA 23-11-01 for various Special Fund amendments.

I. Fiscal Year 2023-24 Statement of Investment Policy and Delegation of Authority - That the City Council adopt Resolution 7406 approving the Fiscal Year 2023-24 Statement of Investment Policy and Delegation of Authority to the Director of Finance/Treasurer.

J. Training Partnership with Rancho Santiago Community College District (RSCCD) - That the City Council adopt Resolution 7407 approving a contract for a partnership in training Beach Lifeguards between the City of Seal Beach and Rancho Santiago Community College District (RSCCD).

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

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

PUBLIC HEARING
K. Annual Military Equipment Report and First Reading of Ordinance 1705 Renewing Ordinance 1694 and Approving Seal Beach Police Department’s Updated Policy 706 - That the City Council take the following actions: 1. Receive and file the Seal Beach Police Department’s 2022 Annual Military Equipment Report; and, 2. Introduce, waive full reading and read by title only, Ordinance 1705, to renew Ordinance 1694 and to approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706.

Police Lieutenant Julia Clasby provided a comprehensive background on the staff report and addressed questions from Council Members.

Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing.

Council Member Steele moved, second by Council Member Landau to 1. Receive and file the Seal Beach Police Department’s 2022 Annual Military Equipment Report; and, 2.

Introduce, waive full reading and read by title only, Ordinance 1705, to renew Ordinance 1694 and to approve the updated Seal Beach Police Department’s Military Equipment Use Policy – Policy 706.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
L. Street Lighting Assessment District No. 1 - That the City Council adopt Resolution 7408 confirming the diagram, assessment, and levying assessments for the Seal Beach Street Lighting Assessment District No.1 (District) for Fiscal Year 2023-2024.

Director of Finance Arenado provided a comprehensive background on the staff report.

Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing.

Council Member Landau moved, second by Mayor Pro Tem Sustarsic to adopt Resolution 7408 confirming the diagram, assessment, and levying assessments for the Seal Beach Street Lighting Assessment District No.1 (District) for Fiscal Year 2023-2024.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
M. Adopt the Fiscal Year 2023-24 Operating and Capital Improvement Budget, Set the Appropriations Limit for Fiscal Year 2023-24, and Authorize the Use of the Cost Recovery Schedule for Use in Fiscal Year 2023-24 - That the City Council hold a public hearing and then adopt Resolution 7409: 1. Adopting the Fiscal Year 2023-24 Operating and Capital Improvement Budget and authorizing actions in furtherance thereof; and, 2.

Setting the Appropriations Limit for Fiscal Year 2023-24; and, 3. Authorizing the use of the Cost Recovery Schedule in Fiscal Year 2023-24.

Director of Finance Barbara Arenado provided a comprehensive background on the staff report and addressed questions from Council Members.

Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing.

Council Members provided feedback and thanked staff for their hard work in preparing the Budget.

Council Member Kalmick moved, second by Council Member Steele to adopt Resolution 7409: 1. Adopting the Fiscal Year 2023-24 Operating and Capital Improvement Budget and authorizing actions in furtherance thereof; and, 2. Setting the Appropriations Limit for Fiscal Year 2023-24; and, 3. Authorizing
the use of the Cost Recovery Schedule in Fiscal Year 2023-24.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

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

NEW BUSINESS
N. Rescinding Level 2 Water Supply Shortage - That the City Council adopt Resolution 7410: 1. Rescinding Resolution 7139 declaring a Level 2 Water Supply Shortage; and, 2.

Reducing a Level 2 Water Supply Shortage to a Level 0 Water Supply Shortage.

Management Analyst Sean Sabo provided a comprehensive background on the staff report and addressed questions from Council Members.

Council Member Steele moved, second by Mayor Pro Tem Sustarsic to adopt Resolution 7410: 1. Rescinding Resolution 7139 declaring a Level 2 Water Supply Shortage; and, 2.

Reducing a Level 2 Water Supply Shortage to a Level 0 Water Supply Shortage.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Moore adjourned the City Council at 9:56 p.m. to Monday, June 12, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: June 12, 2023
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 1705
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council waive full reading, read by title only, and adopt Ordinance 1705 titled "An Ordinance of the City of Seal Beach City Council Renewing Ordinance 1694 and Approving the Seal Beach Police Department’s Updated Military Equipment Use Policy.”
BACKGROUND AND ANALYSIS:

At its meeting on May 22, 2023, the City Council approved the introduction of Ordinance 1705 of the City of Seal Beach City Council renewing Ordinance 1694 and approving the Seal Beach Police Department’s updated Military Equipment Use Policy. This item is to conduct a second reading and adopt Ordinance 1705 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, the Ordinance will be published within fifteen (15) days after adoption.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

Page 2 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council waive full reading, read by title only, and adopt Ordinance 1705 titled "An Ordinance of the City of Seal Beach City Council Renewing Ordinance 1694 and Approving the Seal Beach Police Department’s Updated Military Equipment Use Policy.”
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. Ordinance 1705
ORDINANCE 1705

AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL RENEWING
ORDINANCE 1694 AND APPROVING THE SEAL BEACH POLICE
DEPARTMENT’S UPDATED MILITARY EQUIPMENT USE POLICY

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

SECTION 1. Findings. On May 22, 2023, the City Council considered the adoption of this Ordinance at a public meeting, and on the basis of the record thereof finds the following facts to be true:

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), relating to the use of military equipment by law enforcement agencies.

B. AB 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of “military equipment,” as defined by Government Code section 7070(c).

C. Government Code section 7071(a) requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public meeting concerning the military equipment at issue.

D. Government Code section 7071(d) requires the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified findings.

E. On April 25, 2022, City Council adopted its military equipment use ordinance, Ordinance No. 1694, approving the Seal Beach Police Department’s Military Equipment Use Policy – Policy 706 and Military Equipment Use Inventory.

F. The Seal Beach Police Department currently possesses equipment that qualifies under the definition of “military equipment” in Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents.

G. In accordance with Government Code Section 7071(e)(1), a law enforcement agency seeking to continue the use of any military equipment must annually commence the governing body renewal process for the military equipment use ordinance adopted by the governing body.

H. In accordance with Government Code Section 7072(a), the Seal Beach Police Department submitted an annual report for each type of military equipment approved and has posted a copy of the annual report on the Seal Beach Police Department’s website.

I. The Seal Beach Police Department seeks to add different types and modify existing quantities of military equipment as identified in the Seal Beach Police Department’s Policy 706 and Military Equipment Use Inventory, for the purpose of protecting the safety of officers, residents and visitors in the City of Seal Beach.

J. This ordinance was introduced to the City Council at the public meeting held on May 22, 2023, at which time the public had the opportunity to comment on this ordinance and the renewal of the military equipment use ordinance, military equipment use policy, and military equipment use inventory list.

K. The Seal Beach Police Department Policy 706 complies with the requirements of California Government Code section 7070, subdivision (d).

SECTION 2. Determinations
Based on the findings above, in addition to information provided to the City Council at the public meeting and in the Staff Report, the City Council determines as follows:

1. The military equipment identified in Seal Beach Police Department Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Seal Beach Police Department Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Seal Beach Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. Pursuant to Government Code Section 7071, the City Council hereby renews its military equipment use ordinance, Ordinance No. 1694, and approves and adopts the updated military equipment use policy, Seal Beach Policy Department Policy 706, as set forth in the attached Exhibit A and incorporated by this reference.

SECTION 3. Severability.

If any sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

SECTION 4. Effective Date.

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

SECTION 5. Certification
The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on May 22, 2023.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of June, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
___________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1705 was introduced for first reading at a regular meeting held on the 22nd day of May, 2023, and was passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of June, 2023, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.

Gloria D. Harper, City Clerk
Agenda Item F

AGENDA STAFF REPORT
DATE: June 12, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Transtech Engineers, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7412:

1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $420,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

Transtech Engineers, Inc. (Transtech) has served within the Building Division in a variety of roles since 2017. Currently, the company provides Building Official, Building Inspector, Permit Technician, and building plan check services, which constitutes all core Building Division services. The staff they provide to the City is extremely professional, and the service level has been excellent particularly through the challenges of the last few years. The depth of their team provides stability and assurances that Seal Beach will have a trained and staffed Building Permit Counter, daily inspections, and several points of contact in emergencies that require a Building Official.

Based on review of the Community Development Department as a whole and the work plan for the year, staff recommends engaging Transtech for Building Division services for the 2023-2024 Fiscal Year. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2024, and authorizes $420,000 to cover staffing costs, as well as 65 percent of plan check review fees for plan check services, which is consistent with the current contract.

Page 2 ends

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this amendment to the Professional Services Agreement with Transtech Engineers, Inc. will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The Professional Services Agreement will approve an expenditure of up to $420,000 from Account 101-300-0031-51280 for staffing services. This amount represents a cost savings of about 10 percent compared to employee costs to staff the Division. In addition, the City will pay 65 percent of designated plan check fees for building plan check services. These costs were included in the adopted Fiscal Year 2023-24 Budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7412:

1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $420,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and,

2. Authorizing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7412
B. Professional Services Agreement with Transtech Engineers, Inc.

RESOLUTION 7412

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC.

WHEREAS, the City of Seal Beach (City) has relied upon professional service firms for technical expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and
WHEREAS, the City previously entered into an agreement with Transtech Engineers Inc. (Consultant) to provide Building Division professional services, including Building Official, Plan Checker, Building Inspector, Permit Technician, and other technical and staffing services for the Community Development Department as needed, and, WHEREAS, Consultant has proven to be a reliable, dependable, and competitively priced company who has provided staff competent and capable of serving temporary planning staffing needs of the City; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant for Building Division staffing services in an amount not to exceed $420,000, and for Plan Check Services to authorize payment of not more than 65 percent of plan review fees collected per the City’s fee schedule, as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement dated June 12, 2023 with Transtech Engineers, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for on-going Building Division professional services related to (i) duties conducted by a Building Official, Building Inspector, and Permit Technician, in an amount not to exceed $420,000 and (ii) for Plan Check Services the City shall pay not more than 65 percent of plan check review fees collected per the City’s fee schedule to cover services related to building plan check for the period of one year, commencing July 1, 2023 and ending June 30, 2024.

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

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of June, 2023 by the following vote:

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

Thomas Moore, 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 7412 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 June, 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Building Division Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
N]^h Jgd[Zhh^dcVa MZgk^XZ ;\gZZbZci (qi]Z ;\gZZbZcir) ^h bVYZ Vh d[ June 12, 2023 (the q?[[ZXi^kZ >ViZr)* Wn VcY WZilZZc Transtech Engineers, Inc. (q=dchjaiVcir)* a California corporation, VcY i]Z =^in d[ MZVa <ZVX] (q=^inr)* V =Va^[dgc^V X]VgiZg X^in* (XdaaZXi^kZan* qi]Z JVgi^Zhr),

RECITALS
A.

B.

City desires certain professional building and safety services.

Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0.

C. Consultant represents that the principal members of its firm are qualified building and safety professionals and are fully qualified to perform the services contemplated by this Agreement by virtue of the experience, 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 qMZgk^XZhr) hZi forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and =dchjaiVcish hiV[[* ^[ Vcn* id Yd VcY eZg[dgb i]Z MZgkices in a skillful, competent, VcY egd[Zhh^dcVa bVccZg* VcY =dchjaiVci VcY =dchjaiVcish hiV[[* h]Vaa eZg[dgb i]Z Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance o[ =dchjaiVcish ldg` 2 of 19
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 July 1, 2023 and shall remain in full force and effect until June 30, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 4VUZ\S[JU[`Z 4VTWNUZJ[RVU

3.1. City will pay Consultant for Services performed in accordance with the hourly rates shown in the fee schedule set forth in the Scope of Services Exhibit A and the Standard Hourly Rates set forth on Exhibit B, but in no event will the City pay more than the following during the term of this Agreement: (i) for Building Division personnel services, including Building Official/Plan Checker, Building Inspector, and Permit Technician, the City shall not pay more than a total sum of $420,000 (four hundred and twenty thousand dollars) during the term of this Agreement; and (ii) for Plan Check Services, the City shall not pay more than 65% d[ i]Z eaVc gZk^Zl [ZZh XdaaZXiZY eZg i]Z =^insh [ZZ hX]ZYjaZ, Cc i]Z ZkZci d[ Vcn conflict or inconsistency between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other hand, the terms of this section shall prevail.

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

Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B.

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 3 of 19
each day in the period. City will pay Consultant within 30 days of receiving =dchjaiVcish ^ckd^XZ, 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-]djg cdi^XZ [gdb =^in* =dchjaiVci h]Vaa Vaadl =^in dg =^insh V\Zcih dg gZegZhZciVi^kZh id ^cheZXi Vi =dchjaiVcish d[[^XZh Yjg^c\ gZVhdcVWaZ business hours all records, invoices, time cards, cost control sheets and other records maintained by ConsuliVci ^c XdccZXi^dc l^i] i]^h ;\gZZbZci, =^insh g^\]ih under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

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

5.2. This Agreement may be terminated by City upon 1. YVnhs cdi^XZ id 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. N]Z =^in GVcV\Zg ^h i]Z =^insh gZegZhZciVi^kZ [dg ejgedhZh d[ i]^h Agreement.

6.2. Ayla Jefferson is the Consultant's primary representative for purposes of this Agreement. Ayla Jefferson 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
4 of 19
To Consultant: Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
Attn: Ayla Jefferson

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

8.0 Permits and Licenses
Consultant VcY Vaa d[ =dchjaiVcish ZbeadnZZh VcY di]Zg eZghdccZa 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 Wn =dchjaiVcish ZbeadnZZh dg di]Zg personnel under =dchjaiVcish supervision. Consultant will determine the means, methods, and details Wn l]^X] =dchjaiVcish 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 d[ =dchjaiVcish ZbeadnZZh VcY di]Zg 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 ConsuaiVcish eZghdccZa h]Vaa not supervise any of =^insh employees9 VcY =^insh ZbeadnZZh h]Vaa cdi supervise =dchjaiVcish personnel. =dchjaiVcish eZghdccZa h]Vaa cdi lZVg dg Y^heaVn Vcn =^in jc^[dgb* badge, identification number, or other information identifying such individual as an employee of City9 VcY =dchjaiVcish eZghdccZa h]Vaa cdi jhZ Vcn =^in Z-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 hjX] kZ]^XaZh* Zfj^ebZci VcY hjeea^Zh Vh =dchjaiVcish eZghdccZa gZfj^gZ id perform any of the Services required by this Agreement. Consultant shall perform all Services off of =^in egZb^hZh Vi adXVi^dch d[ =dchjaiVcish X]d^XZ* ZmXZei (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 =dchjaiVcish eZghdccZa id gZXZ^kZ egd_ZXih [gdb =^in* gZk^Zl eaVch dc [^aZ Vi =^in* pick up or deliver Vcn ldg` egdYjXi gZaViZY id =dchjaiVcish eZg[dgbVcXZ d[ 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 5 of 19
computer available to Consultant from time to time for Consultantsh eZghdccZa 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 id =dchjaiVcish personnel in connection with their performance of any Services under this Agreement and as required by law.

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

9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to =dchjaiVcish eZghdccZa egVXi^XZh. 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 Vcn Vbdjci YjZ id =^in [gdb =dchjaiVci Vh V gZhjai d[ =dchjaiVcish [V^ajgZ id promptly pay to City any reimbursement or indemnification arising under this Section. N]^h Yjin d[ ^cYZbc^[^XVi^dc ^h ^c VYY^i^dc id =dchjaiVcish Yjin id Yefend, indemnify and hold harmless as set forth in any other provision of this Agreement. =dchjaiVcish ^cYZbc^[^XVi^dch VcY dWa^\Vi^dch jcYZg i]^h MZXi^dc 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 Xdbea^VcXZ l^i] i]Z JjWa^X ?beadnZZhs LZi^gZbZci FVl (qJ?LFr), commencing at Government Code § 20000, as amended by the JjWa^X ?beadnZZhs JZcsion RZ[dgb ;Xi d[ 0./1 (qJ?JL;r)*, VcY the regulations of PERS. Without limitation to 6 of 19
the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to =dchjaiVcish k^daVi^dc d[ Vny provisions of this Section 10.0. This duty of ^cYZbc^[^XVi^dc ^h ^c VYY^i^dc id =dchjaiVcish Yjin id YZ[ZcY* ^cYZbc^[n VcY ]daY harmless as set forth in any other provision of this Agreement. =dchjaiVcish indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.
((&' 4VUNQLMU[QISQ[_

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (XdaaZXi^kZan q>ViV & >dXjbZcihr) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be Xdch^YZgZY qkdajciVgn*r erovided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by =dchjaiVci, BdlZkZg* =^insh g^\]i id gZk^Zl Vcn hjX] gZhedchZ YdZh cdi ^bean dg mean the right by City to control, direct or rewrite the response. 7 of 19

11.3. =dchjaiVcish XdkZcVcis under this Section shall survive the termination or expiration of this Agreement.
()&' @^UMYZPQW!VN!5VK\TMU[Z!IUL!GVYR!AYVL\K[!

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 h]Vaa WZ Xdch^YZgZY qldg`h bVYZ [dg ]^gZ*r VcY Vaa Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

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

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless [gdb Vcn adhh* XaV^b dg a^VW^a^in ^c Vcn lVn gZaViZY id V XaV^b i]Vi =^insh jhZ d[ Vcn 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 8 of 19
performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
(*&' D\JKVU[YIK[VYZ
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.
(+&' AYVPQJQ[QVU!2OIQUZ[!2ZZQOUTMU[!VY!5MSMOI[QVU
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without =^insh eg^dg lg^iiZc XdchZci, 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 MZXi^dc* qassignmentr VcY qYZaZ\Vi^dcr bZVch Vcn hVaZ* \^[i* eaZY\Z* hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under i]^h ;\gZZbZci* l]^X]ZkZg dXXjgh aViZg, =^insh g^\]ih jcYZg i]^h MZXi^dc /5.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
9 of 19
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Insurance

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

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

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

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage.

Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Qdg`Zghs =dbeZchVi^dc Insurance in the amount required by law; and ?beadnZgsh F^VW^a^in8 $/*...*... eZg VXX^YZci VcY ^c i]Z V\\gZ\ViZ [dg bodily injury or disease.

17.2.4. Professional Liability (or Errors and Omissions) Liability within minimum limits of $1,000,000 per claim/aggregate. If V qXaV^bh bVYZr eda^Xn is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
10 of 19

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

17.4. Additional Insured.

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

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

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

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

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

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

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

17.9. Waiver of Subrogation. Each insurance policy required by this ;\gZZbZci h]Vaa ZmegZhhan lV^kZ i]Z ^chjgZgsh g^\]i d[ hjWgd\Vi^dc V\V^chi =^in VcY its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the iZgb d[ i]^h ;\gZZbZci* dg ^c i]Z ZkZci Vcn d[ =dchjaiVcish eda^X^Zh Yd cdi Xdbean 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 nd Yjin id* iV`Z dji i]Z cZXZhhVgn ^chjgVcXZ VcY eVn* Vi =dchjaiVcish expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with =^insh L^h` GVcV\Zg, 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. 12 of 19

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by =dchjaiVci h]Vaa cdi WZ XdchigjZY Vh V a^b^iVi^dc d[ =dchjaiVcish a^VW^a^in dg Vh [jaa eZg[dgbVcXZ d[ =dchjaiVcish Yjin io indemnify City under Section 18.0.

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

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

18.1. Indemnities.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its ;ULMTUQNQKI[QVU$!9VSL!9IYTSMZZ$!IUL!5\[_![V!5MNMUL
sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent XdcigVXidgh ^c i]Z gdaZ d[ =^in d[[^X^Vah (XdaaZXi^kZan qCcYZbc^iZZhr in this Section

18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all cdchZfjZci^Va YVbV\Zh (XdaaZXi^kZan qLiabilitiesr)* 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 i]Z CcYZbc^iZZhs VXi^kZ dg eVhh^kZ cZ\a^\ence, 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 l^i] XdjchZa d[ i]Z CcYZbc^iZZhs X]d^XZ* VcY h]Vaa eVn Vaa Xdhih VcY ZmeZchZh* ^cXajY^c\ Vaa ViidgcZnhs [ZZh VcY ZmeZgihs Xdhih VXijVaan ^cXjggZY ^c connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.
13 of 19

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant 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 id Vg^hZ dji d[* eZgiV^c id* dg gZaViZ id i]Z VXih dg db^hh^dch d[ =dchjaiVcish subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any ent^in dg ^cY^k^YjVa i]Vi =dchjaiVcish hjWXdcigVXidg h]Vaa WZVg i]Z aZ\Va a^VW^a^in i]ZgZd[) ^c i]Z eZg[dgbVcXZ d[ i]^h ;\gZZbZci* ^cXajY^c\ i]Z CcYZbc^iZZhs VXi^kZ dg passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Qdg`Zghs =dbeZchVi^dc ;Xih Not Limiting, =dchjaiVcish indemnification obligations under this Section, or any other provision of this ;\gZZbZci* h]Vaa cdi WZ a^b^iZY Wn i]Z egdk^h^dch d[ Vcn ldg`Zghs Xdmpensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

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

18.5. Survival of Terms. =dchjaiVcish indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.
(0&' ?VU%5QZKYQTQUI[QVU!6X\IS!6TWSV_TMU[!@WWVY[\UQ[_
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 14 of 19
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. )'&' =IJVY!4MY[QNQKI[QVU
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 ^chjgZY V\V^chi a^VW^a^in [dg Qdg`Zghs =dbeZchVi^dc dg id jcYZgiV`Z hZa[-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. )(&' AYM]IQSQUO!GIOM!IUL!AI_YVSS!CMKVYLZ
To the extent that this Agreement calls for services that, in whole or in part, Xdchi^ijiZ qejWa^X ldg`hr Vh YZ[^cZY ^c i]Z =Va^[dgc^V FVWdg =dYZ* =dchjaiVci shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
))&' 6U[QYM!2OYMMTMU[
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.
)*&' DM]MYIJQSQ[_
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. )+&' 8V]MYUQUO!=I^!IUL!FMU\M
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. ),&' ?V!EPQYL!AIY[_!3MUMNQKQIYQMZ
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 15 of 19
deemed to have any rights hereunder against either party by virtue of this Agreement.
)-&' GIQ]MY
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.
).&' AYVPQJQ[ML!;U[MYMZ[Z1!4VUNSQK[!VN!;U[MYMZ[

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

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

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

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if 16 of 19
such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for XdbeZchVi^dc id =dchjaiVci [dg Vcni]^c\ YdcZ* [jgc^h]ZY dg gZaVi^c\ id =dchjaiVcish ldg` dg hZgk^XZh, ;XXZeiVcXZ d[ eVnbZci h]Vaa WZ Vcn cZ\di^Vi^dc d[ =^insh X]ZX` or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall XdggZXi* Vi ^ih ZmeZchZ* Vaa Zggdgh ^c i]Z ldg` l]^X] bVn WZ Y^hXadhZY Yjg^c\ =^insh gZk^Zl d[ =dchjaiVcish gZedgi dg plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for eVnbZci d[ =dchjaiVcish Services beyond the current fiscal year, this Agreement h]Vaa XdkZg eVnbZci [dg =dchjaiVcish Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. =^insh Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for =dchjaiVcish egdeZg eZg[dgbVcXZ d[ i]Z MZgk^XZh gZfj^gZY jcYZg i]^h ;\gZZbZci, 17 of 19

31.2. =dchjaiVcish =ddeZgVi^dc. In the event any claim or action is brought V\V^chi =^in gZaVi^c\ id =dchjaiVcish eZg[dgbVcXZ d[ MZgk^XZh gZcYZgZY jcYZg i]^h Agreement, Consultant shall render any reasonable assistance that City requires.

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

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party Vaa d[ ^ih ViidgcZnhs [ZZh VcY di]Zg Xdhih ^cXjggZY ^c XdccZXi^dc therewith.

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

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
18 of 19

EXHIBIT A
Scope of Services
May 17, 2023
Alexa Smittle
Director of Community Development
City of Seal Beach
211 Eighth Street,
Seal Beach, CA 90740
Ms. Smittle,
We are pleased to give this contract renewal proposal for the fiscal year 23-24 to provide Building and Safety Staff Services and Plan Review Services.

Transtech is serving the City Building Division since July 2016. Per the current contract Plan review services are provided at 65% of the plan review fees collected per the City fee schedule and staff services are provided per the attached special hourly rates as per the attached Exhibit A. Any additional services requested by the City may be provided per the Standard Hourly Rates as per the attached Exhibit B.

It is our understanding that during the 23-24 fiscal year, 1 full time permit technician, 1 full time building inspector and as needed Building Official, as needed Building supervisor, as needed additional permit technician and as needed additional building inspector will be provided based on the workload increases. The cost estimate for staff services based on the above staffing level and for as need staff services would be $420,000 and plan review services will be at 65% of the City Plan Review fees.

The hourly rates of the services are automatically increased by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Feel free to contact me if you have any further questions on the matter.

Ayla Jefferson, CBO, CSP
13367 Benson Ave.

Chino | CA 91710
P (909) 595-8599 ext.123
F (909) 595-8863
E [email protected]
W www.transtech.org
13367 Benson Avenue | Chino CA 91710 | T 909 595 8599 | F 909 595 8863 | Transtech.org ENC: Adjusted Rates, Exhibit A and B, Transtech SOQ
BLS CONSUMER PRICE INDEX– FEBRUARY 2023
Exhibit A & B to attach to the Contract
Current Rates
TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES
Effective June 30, 2023
Adjusted as per Los Angeles-Riverside-Orange County Consumer Price IndexAll Urban Consumers (“CPI-U”) Special Rates for City of Seal Beach
Classification
Building Official
Building Inspector
Permit Technician
$118
$81
$75
Reimbursable direct expenses are billed at cost plus 10% for administration fee.

The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Plan Checks 65% of Plan Check Fees
Where fees are waived, or reduced plan review shall be $118/hr.

CPI-U FEBRUARY 2022 7.40%
Proposed Rates
TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES
Effective June 30, 2024
Adjusted as per Los Angeles-Riverside-Orange County Consumer Price IndexAll Urban Consumers (“CPI-U”) Special Rates for City of Seal Beach
Classification
Building Official
Supervisor
Building Inspector
Permit Technician
Administrative
$124
$89
$85
$79
$62
Reimbursable direct expenses are billed at cost plus 10% for administration fee.

The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Plan Checks 65% of Plan Check Fees
Where fees are waived, or reduced plan
review shall be per hour $124
CPI-U FEBRUARY 2023 5.10%
2 3

EXHIBIT A

SCOPE OF SERVICES
Transtech will provide BUILDING AND SAFETY SERVICES, PLAN CHECK, BUILDING OFFICIAL, PERMIT TECHNICIAN AND INSPECTOR per the following special rates to the City:

Building Official/Plan Checker $124/hr., 4 to 8 hrs. a week Building Inspector
Permit Technician
Building Supervisor
Plan Checks
$85/hr., 40 hrs. a week
$79/hr., 40 hrs. a week and additional 8 hrs. biweekly
$89/hr., 9 to 14 hrs. a week
65% of the plan check fees per City Fee Schedule
Where fees are waived, or reduced plan review shall be $124/hr.

The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Any other services that may be requested by the City will be provided based on the specific scope of work and fees to be established per Transtech’s current standard hourly rates in Exhibit B.
4 EXHIBIT B
TRANSTECH ENGINEERS, INC.

S C H E D U L E O F H O U R L Y R A T E S
E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 4

ENGINEERING CONSTRUCTION MANAGEMENT
Field Technician $84 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$95 Labor Compliance Analyst $147
$152
$147
$142
$152
$163
$184
-
-
-
-
-
-
-
$152
$163
$158
$152
$163
$184
$200
Engineering Technician
Assistant CAD Drafter
Senior CAD Drafter
Associate Designer
$95 $105
$121
$137
$152
$168
$200
$126
$158
$221
$110
$158
$168
$184
$105
$158
$184
$205
$205
$226
$189
$205
$226
Funds Coordinator
$105
$121
$137
$152
$189
$116
$142
$200
$100
$147
$158
$168
$95
Office Engineer
Construction Inspector
Senior Construction Inspector
Construction Manager
Resident Engineer
Senior Designer
Design Project Manager
Assistant Engineer PUBLIC WORKS INSPECTION
Associate / Staff Engineer
Senior Civil Engineer
Traffic Analyst Technician
Associate Traffic Analyst
Senior Traffic Analyst
Public Works Inspector $142
$152
$163
-
-
-
$152
$163
$173
Senior Public Works Inspector
Supervising PWInspector

SURVEY AND MAPPING
Survey Analyst $147
$152
$347
$184
$210
-
-
-
-
-
$152
$158
$357
$194
$221
Professional Transportation Planner
Traffic Engineer Technician
Associate/Staff Traffic Engineer
Traffic Engineer
Senior Survey Analyst
2-Man Survey Crew
Survey & Mapping Specialist
Licensed Land Surveyor
$142
$168
$184
$184
$205
$168
$189
$205
Senior Traffic Engineer
Project Manager

FUNDING & GRANT WRITING
Funds Analyst $147
$152
$168
$189
-
-
-
-
$152
$163
$179
$200
Senior Project Manager
Deputy City Engineer
City Engineer
Senior Funds Analyst
Grant Writer
Funds & Grant Project Manager
Principal Engineer PLANNING
BUILDING & SAFETY Community Development Technician
Planning Technician
Assistant Planner
$79
$89
-
-
-
-
-
-
$89
Permit Technician $74 -
-
-
-
-
-
-
-
$84 $100
$121
$142
$168
$189
Plan Check Technician/Analyst/Supervisor
Building Inspector
$105
$126
$131
$142
$158
$158
$168
$126
$131
$142
$158
$168
$168
$179
$100
$121
$142
$168
Associate Planner
Senior Inspector Senior Planner
Plans Examiner/Checker
Plan Check Engineer
Deputy Building Official
Building Official
Planning Manager

ADMINISTRATIVE STAFF
Administrative/Clerical
Project Accountant
$68
$79
-
-
$79
$89
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
5 STATEMENT OF QUALIFICATIONS
TRANSTECH Engineers, Inc.

Transtech.org
855.595.2495 (toll-free)
About Transtech Video Highlight: CLICK HERE
STATEMENT OF QUALIFICATIONS 1
About Transtech Video Highlight: CLICK HERE

TRANSTECH
Company Profile:

Established in 1989, Transtech Engineers, Inc. (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for over 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including building official, plan checkers, inspectors, engineers, project managers, designers, construction managers, traffic and transportation analysts, technicians, admin support personnel.

Service Capabilities:

Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Civil Engineering, • Labor Compliance
• Staff Augmentation • Planning Support
• CIP Program Management • Traffic and Transportation Planning and Engineering • Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Engineering
• Emergency, Support Services
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
Currently, we are providing municipal, services to approximately 70 agencies, including Building and Safety Services to several agencies:

City of Temple City City of Alhambra
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 2
 Building
Review, Inspection, Permit Technician
City of Commerce
& Safety Services: Building Official, Plan  Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of South El Monte
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
 Building
Review, Inspection, Permit Tech
City of Big Bear Lake
Building & Safety Services: Building Plan Review
City of Maywood
& Safety Services: Building Official, Plan  Building & Safety Services: Building Official, Plan Review, As-needed Inspection, As-Needed Permit Technician
City of West Covina
  City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW PC, Fed Proj Management
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
Building & Safety Services: Building Inspection, Permit Technician

 City of Rosemead
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Chino
CIP Management Services: Transtech is City’s Contract
CIP Manager for major Public Works Projects
City of Ontario
CIP Management Services: Transtech is City’s Contract
CIP Manager for major Public Works Projects
City of Monterey Park



City of Pico Rivera
 City Engineering and CIP Management Services: City
 City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
Building & Safety Services: Building Official, plan check and as-needed inspection
Engineer and CIP Management.

City of Bell
Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of Cudahy


 CIP Management and Engineering Services: Traffic Eng, Bear Valley Community Services District Design, CIP and Construction Management, PW Insp,  District Engineering Services/CIP Management: Fed Proj Management Engineering Support, Traffic Engineering, CIP  Building & Safety Services: Plan Review.

Management City of Hawaiian Gardens
City of South Pasadena
Building Safety Services: Building Official, Plan
Review, Inspection, Permit Tech
City of Seal Beach
Building Safety Services: Building Official, Plan
Review, As-needed Inspection
City of Azusa
Building & Safety Services: Building Official, Building Plan Review, As-needed Insp
San Manuel Indian Reservation
Building Safety Services: Building Official, Plan
Review, Inspection
San Manuel Casino
Building Safety Services: Building Official, Plan
Review, Inspection
City of Norwalk
 Building and Safety Services: Building Official, Plan  & Review, Inspection, Permit Technician
City of Downey

County of Riverside
Building & Safety Services: Plan Review, Inspection
 &
 Building & Safety Services: Plan Review, Inspection
San Bernardino County Housing Authority
  On-call Services: As-Needed Support
City of San Bernardino
 On-call Services: Traffic Engineering, Constr.
 & Management
City of Moreno Valley
 Building & Safety Services: Plan Review, Inspection
City of El Monte
On-call Services:

Engineering,
 &
 Engineering Support, Traffic
Construction Management,
 Building & Safety Services: Plan Review Development/Public Works Plan Check, Map and Plan City of Placentia Check
 On-call PM/CM and Development/PW Plan Check: Oncall services County of Los Angeles
Building & Safety Services: Plan Review, Inspection
City of San Marino
City Traffic Engineering Services: City Traffic Engineering City of Hermosa Beach

City of San Clemente
 On-call Services: Development/Public Works Plan
Check

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 3
City of Rialto  Plan Check Services: Dev Plan Check
 On-call Services: PW Inspection and Permit Tech City of Banning City of Culver City  Public Works Plan Check: PW Plan Check and Pw  On-call Engineering Services: Eng Services
City of Santa Ana
On-call Services: Eng and Tech Support Services
City of Chino Hills
On-call Services: Engineering
City of Anaheim
Engineering Services: Engineering Services
City of Pasadena
On-call Engineering Services: Engineering Services
City of Yorba Linda
Traffic Engineering Services: On-call Traffic Engineering City of Rancho Palos Verdes
Inspection
Riverside County Economic Development Agency
On-call Services: Eng, Building Evaluations, & Surveying City of Lancaster
Traffic Engineering Services: On-call City Traffic
Engineering
City of Palm Desert
City Traffic Engineering Services: City Traffic Engineering City of Irwindale
 
 



 On-call Services:

Inspection Services
City of Lynwood
Construction Management and



CIP Project Management: CIP/Fed Proj Management
Building & Safety Services: Plan Review, Inspection.
 On-call Services: Engineering, CIP and Construction
Management.

Experience with CALTRANS:

Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements.

Experience in Federally and State Funded Projects and LAPM:

We have extensive experience in the management and administration of federally funded projects. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM).

Experience in Grants:

Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities.

Large pool of well experienced in-house staff readily available:

Transtech has a large pool of well experienced in-house staff readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.

Expedited/Off-Business Hours/Weekend Services:

If the City receives a request from applicants for expedited and/or during off business hours and weekends inspection services, Transtech staff will provide additional resources to accommodate such a request.

Community Involvement:

Supporting civic and community activities demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client cities, we have a proven record of active engagement in City and Community events. This could include involvement or presence at City programs or events, supporting local businesses through the chamber, youth events, hosting workshops, sports, scholarship opportunities, community service, managing homelessness challenges, public safety, crime prevention, or any other community benefit that the City wishes us to be a part of. Our goal is not just to serve as an engineering consultant which is what we are best at, but also in being an active partner with our clients, to further enhance the City’s reputation as an ideal community to live, invest, work, and play in.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 4

EXPERIENCE IN DIVERSE TYPES OF PROJECTS
Transtech has ex experience in providing services for diverse types of projects for several agencies:
•
•
•
•
Parks and Playgrounds
Recreation Facilities
Community Centers
Parking Facilities
•
•
•
•
Street Rehabilitation and Improvement
Traffic Signal and Street Lighting
Water, Drainage, Sewer Improvements
Bridges
•
•
•
•
Police Facilities
Libraries
City Halls
Fire Stations
Following are few Sample Projects Representative of Transtech’s Experience in Plan Check, Map Check, Inspection:

Agency: CITY OF WEST COVINA
Project: Vincent Residential Development (Valuation $32 m).

This development includes 119-unit residential homes.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF WEST COVINA
Project: West Cameron Residential Development (Valuation $20 m). This development includes 84-unit residential homes.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums and 4 single family homes.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m).

This development includes 13 buildings with 70 residential units.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 5
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development
(Valuation $20 m). This development includes one-story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation
oncology department and infusion department.

Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.

Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.

Agency: SAN MANUEL BAND OF MISSION INDIANS TRIBE AND
CASINO
Project: Casino Expansion/Development (Valuation $700 m):

This project involves Casino’s expansion program, which includes casino renovation, new hotel, entertainment
center, parking structure, pedestrian bridges, alignment of entry and exit roads, and various other improvements.

Transtech provided following services:
• Building Plan Check and Inspection.
• Fire Plan Check.

Transtech serves as the Tribe’s and Casino’s (they are 2 sperate entities) Contract Building Official, Plan Checker, Inspector and Fire Marshall.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 6
Sample Projects Representative of Transtech’s Experience in Construction Management, CIP Management, Inspection:

Washington Boulevard Widening and Reconstruction Project ($30M): Transtech provided CM/CI/Resident Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps. The project was federally funded and was managed in compliance with Caltrans Local Assistance Procedures Manual.

The project was also a Caltrans Oversight Project.

AWARD: This project was recognized as one of the projects of the year as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects.

Rosemead Boulevard Improvements Project ($20M): Located in the City of Temple City, this was a Federally Funded project.

Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. The project included protected bike lanes, widening and
reconstruction of 2 miles of roadway (including approx. 6,000 tons rubberized AC overlay).

Rte 71/Mission Bl Grade Separation Project ($40M): This project was a Federally Funded project located the City of Pomona and included construction of a bridge/grade separation. Transtech provided construction management, resident engineer,
inspection, labor compliance and office engineer services.

Caltrans was the oversight Agency.

Cactus Avenue and Nason Street Improvements and 135’ Span Bridge Project ($21M): This project was part of the State Local Partnership Program SLPP Grant in the City of Moreno Valley ($21M). Transtech provided construction management, resident engineer, inspection, and office engineer services.

AWARD: This project was recognized with a project achievement award by the Construction Management Association of America (CMAA) for Construction Management Services under the Public Works Category for $11M-$50M ranged projects.

Bogert Trail Bridge Widening Project ($5M): Located in the City of Palm Springs, this project was a Federally Funded project.

Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. The project involved bridge widening, retrofit, and beautification elements.

City of Ontario, C Block Parking Structure (DB, Design-Build Project, Project Value: $15M): This project is being delivered under DB delivery method. Transtech is the City’s Owner’s
Representative/Program Manager. Transtech also prepared DB Pre-Qualification and RFP Packages, (as a reference, please click HERE to review the DB Pre-Qualification and RFP Packages prepared by Transtech).

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 7
City of Whittier, Uptown Parking Structure (DBB, Design-Bid-Build Project, Project Value: $12M): The project involved construction of a 4 story, 450 stall parking structure, and includes elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels.. The project was delivered as DBB.

Transtech served as Construction Manager. This project is located in Whittier.

City of Alhambra Civic Center Library Project ($25M): Transtech provided plan check, inspection, construction management, and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage.

Renaissance Plaza ($15M): This project was located in the City of Alhambra and included a parking structure, 10 plex movie theater, retail, and plaza. Transtech served as the City’s Building Official, Plan Checker and Inspector for this project including construction manager of the parking structure, public plaza, and other improvements.

Rosewood Community Center ($25M): Transtech was retained by the City of Commerce to take over the management of this multimillion-dollar facility which was 2 years behind schedule.

Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the move-in process, and 2 months after, the facility was opened for public use.

Garfield Avenue Parking Structure ($8.5M): This project included a 5-story level, 600 space parking structure as part of the Alhambra Redevelopment Agency and Downtown
Redevelopment. Transtech provided plan check, inspection, construction management and owner representative services.

Riverside County Transportation Commission, Corona Main Street Metrolink Parking Structure and Pedestrian Bridge (25M): This project is in Corona and included 6 level, approximately 1,000 space parking structure, and a pedestrian bridge over railroad tracks. Transtech provided inspection and construction
management services for the construction of this federally funded project.

City of San Bernardino Santa Fe Depot/Metrolink Parking Structure and Historic Santa Fe Depot Renovation Project ($25M): This project included The Parking Structure involved the construction of a 3-level parking structure for 350 cars. Historic Santa Fe Depot Renovation involved renovation for adoptive reuse of 60,000 sf historical Santa Fe Train Depot.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 8
Citywide Parks Improvement Project ($2.5M): This project included installation of park equipment (playground, picnic shelters, benches), construction of ADA improvements, and various PCC improvements at 13 parks in the City of Monterey Park. Transtech provided CIP project management which included bid package preparation, project management and coordination.

Salt Lake Park Splash Pad Project ($1M): This project was located at Salt Lake Park in the City of Huntington Park. Transtech provided construction management, resident engineer, inspection, and office engineer services.

Cascades Waterfall Renovation Project ($600K): This project included the renovation of the Cascades Waterfall landmark in Monterey Park, which included lighting, plastering of the fountain, painting, ADA improvements, PCC walkway improvements, and landscaping. Transtech provided CIP project management which included bid package preparation, project management and coordination.

Lugo Park, Soccer Field and Park Improvements Project ($1.6M):

This project was partially funded through CDBG funds in the City of Cudahy. Transtech prepared the PS&E as well as provided construction management and inspection services for a
regulation soccer field with artificial turf on existing baseball field, DG walking path, landscaping, parking lot expansion, concrete plaza, lighting, drainage, bathroom, and concession stand ADA improvements.

Garvey Ranch Basketball Court Improvements ($200K): This project included construction of new PCC basketball court installation, striping, basketball hoops, fence, and PCC walkway in Monterey Park. Transtech provided bid package preparation, project management and coordination.

Sample Projects Representative of Transtech’s Experience in Civil Engineering:
•
•
•
•
2016, 2017, 2018, 2019, 2020, 2021, 2022 Annual City-wide Street Rehabilitation Project, City of Commerce: Prepared Design/PS&E as well as provided construction management and inspection services. Cost: $20m. 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 Annual City-wide Street Rehabilitation Project, City of Temple City:

Prepared Design/PS&E as well as provided construction management and inspection services. Cost: $10m. 2019, 2020, 2021, 2022 Annual City-wide Street Rehabilitation Project, City of West Covina: Prepared Design/PS&E as well as provided construction management and inspection services. Cost: $3m.

Water Improvement Project, Location 2, Nicolet St., Cottonwood Rd., George St., 12th St., 114th St., City of Banning:

The project involved installation of new 8” and 12” D.I. watermain, water service laterals, fire hydrant, water meters and other miscellaneous improvements. Cost: $1.5m.
• Agnes Ave Water and Sewer Improvements, City of Lynwood: The project involved installation of waterline, sewer line, and street rehabilitation, AC reconstruction, concrete improvements. Completed: 2021. Cost: $3m.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 9
•
•
•
CSUSB (Cal State SB University) San Bernardino Campus Access Road: Prepared PS&E and provided construction administration for the project. Improvements included approximately 1-mile street, water, landscape, grading, drainage, street lighting and various other improvements. Cost $5m.

City of San Bernardino Campus Parkway Roadway Design: Prepared PS&E as well as provided construction management and inspection services for the project. Improvements included street, water, sewer, storm drain, landscape, street lighting, traffic signal, and signing and striping. Cost $6m.

Alameda Corridor Agency East (ACE) Rail Grade Crossing Jumpstart Improvement Project: Prepared PS&E for Federally Funded Jump Start Improvement Package #1-Rail Grade Crossing Improvements for Alameda Corridor Agency East (ACE). Project involved 6 agencies and 14 locations in Los Angeles County. Work involved roadway realignment and reconstruction, signalization, traffic control, and construction phasing as well as related improvements such as storm drain, water, sewer landscaping, underground utilities, etc. Cost $8m. •
•
Shandin Hills Specific Plan: Provided planning engineering services for the preparation of the Specific Plan and Tentative Map. The project is a proposed 240-acre 1049 dwelling unit community in the City of San Bernardino.

Drafted the Specific Plan and prepared the master tentative map.

Arrowhead Springs Specific Plan (including annexation into the City): Approximately 4,000-acre site at the foothills of San Bernardino Mountains, and includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation, and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area. •
•
•
Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan (Devore area in San Bernardino): Drainage, Sewer and Water Master Plan: Approximately 500-acre area for future 1,100-unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development.

University of California, Riverside, West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these improvements could be phased to accommodate proposed campus growth, for an area of 236.8 acres to support approximately 5 million gross square feet of academic, research, support, and student housing facilities.

City of San Bernardino Water Projects: Design and construction management of 3500 feet of 20 to 36-inch ductile iron water transmission main in the City of San Bernardino for the development of University Park. Design of over 10,000 feet of 8 thru 12-inch DIP water main for water distribution. Structural arch design for road crossing over the Dept of Water Resources 109-inch Santa Ana pipeline.
•
•
City of Riverside Water Projects: Water distribution analysis and computer modeling for University of California Riverside West Campus expansion infrastructure project.

Eastside Water Treatment Facility (EWTF) Phase 2 Expansion, City of Chino: The project involved the expansion of the treatment capacity at the EWTF from 3,500 gallons per minute (gpm) to 7,000 gpm which includes pre-filters, Granular Activated Carbon (GAC) vessels, and an ion exchange system, construction of dual brine pipelines. Construction is in progress, scheduled to be completed in late 2022. Cost: $20m. • Brewster Ave Water and Sewer Improvements, City of Lynwood: The project involved installation of waterline, sewer line, and street rehabilitation, AC reconstruction, concrete improvements. Completed: 2021. Cost: $1.5m.

Sample Projects Representative of Transtech’s Experience in Traffic Engineering:

In addition to providing many diversified services to approximately 70 agencies, we are also providing Traffic Engineering and Transportation Planning Services, including serving as Contract City Traffic Engineer for several agencies:





City of Commerce - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official City of Temple City - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official City of South El Monte - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official City of West Covina - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official City of Alhambra - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 10








City of Big Bear Lake - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official City of Rosemead - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer
City of Maywood - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer
City of San Marino - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Traffic Engineer
City of Cudahy - Services Provided: Traffic Engineering and Transportation Planning Services; CIP Services; Building & Safety Plan Check Services
City of Monterey Park - Services Provided: Traffic Engineering and Transportation Planning Services; CIP Services; Building & Safety Services
City of Norwalk - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; Building & Safety Services
City of San Bernardino - Services Provided: As-needed Traffic Engineering and Transportation Planning Services Sample Projects Representative of Transtech’s Experience in Grants and Funding:

Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. Just recently, our firm obtained approximately $80m in funding from METRO for 710 North Corridor Mobility Improvements Projects under Round 2 applications, including $9m for Monterey Park, $27m for Rosemead, and $76m for Alhambra. We also obtained approximately $150m under Round 1 projects for our client cities. Additionally, after funds are awarded to a client, our experienced staff provides assistance to ensure compliance with applicable funding program requirements, including preparing necessary clearance approvals (environmental, utilities, ROW), processing E-76 authorizations, and managing project.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 11

STAFF GENERAL QUALIFICATIONS AND LICENSES
Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.

One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities.

We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.

Engineering Licenses and Certificates of the Firm and Staff Members in Diversified Fields:

Several of our engineers are licensed as Professional Engineers by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). Our staff professional licenses, registrations and certifications include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
PE (Licensed Civil Engineer
TE (Licensed Traffic Engineer)
PLS (Licensed Land Surveyor)
QSD (Construction General Permit Qualified SWPPP Practitioner) QSP (Construction General Permit Qualified SWPPP Developer) QISP (Industrial General Permit Qualified Industrial Stormwater Practitioner) PMP (Professional Transportation Planner)
RSP (Registered Safety Professional)
CASp (Certified Access Specialist)
PMP (Certified Project Management Professional)
CPSWQ (Certified Professional in Storm Water Quality
CPESC (Certified Professional in Erosion and Sediment Control) LEED AP (Professional with specialty credential with knowledge in green building practices Registered Construction Inspector by American Construction Inspectors Association Certified International Municipal Signal Association “IMSA” level III Technician Building and Safety ICC Certifications:

We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. Following are various ICC certifications held by various staff members:

Building Official Certifications:
 Certified Master Code
Professional
 Building Code Official
 Building Official
Inspection Certifications: Additional Inspection Certifications:
 IAPMO Plumbing, Mechanical
Inspector
 Fire Code Inspector
 Fire Inspector II
 Combination Inspector
 Commercial Building Inspector
 Residential Building Inspector
 Accessibility Inspector
 Commercial Energy Conservation
Inspector
 Electrical Inspector
 Commercial Electrical Inspector
 Residential Electrical Inspector
 Residential Energy Conservation
Inspector
 Residential Building Inspector
 Residential Mechanical Inspector
 Mechanical Inspector
 California UST Inspector
Plan Check Certifications:
 Residential Building Plans
Examiner
 Commercial Building Plans
Examiner
 California Building Plans
Examiner
 Certified Sustainability
Professional
Permit Technician Certification:
 Permit Technician
CACEO Certified Code Enforcement
Officer
California State Fire Marshall
Certifications: Certified EMT1 (AED
 CalGreen Plans Examiner  Commercial Mechanical Inspector Certification), Driver Operator 1A, Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 12
 Accessibility Plans Examiner
 Commercial Energy
 Plumbing Inspector
 CalGreen Inspector
 Building Inspector CBC
 Building Inspector UBC
 Plumbing Inspector UPC
 California Building Inspector
 California Commercial Plumbing
Inspector
Driver Operator 1B, Driver Operator,
Command 1A, 1B, 2A, Firefighter 1, 2,
Hazardous Materials First Responder,
Instructor 1A, 1B, Investigation, 1A,
Management, 1, Prevention, 1A, 1B,
1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290,
S-130, S-190, PC832 with Firearms. Fire
control 3, S-230 S-231 S-215, Fire Safety
Officer
Conservation Plans Examiner
 Residential Plans Examiner
 Mechanical Plans Examiner
 Plumbing Plans Examiner
 Electrical Plans Examiner
State of California Safety
Assessment Program:
 California Residential Mechanical
Inspector



CalOES SAP Evaluator  California Residential Mechanical Inspector
FEMA: IS 100, 200, 241, 242, 275, 700,
288, 800, 08-A, 1900
Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).

In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.

Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety:
•
•
Chair; ICC Sustainability Membership Council
Chair; ICC LA Basin Chapter Inspection
Committee
•
•
ICC Los Angeles Basin Chapter Board of Directors
ICC Building Officials Membership Governing
Council
•
•
•
Commissioner; ICC Codes & Standards Council
Commissioner; CALBO Green Committee
Commissioner; ICC/CALBO CA Exam
Committee
Commissioner; CALBO
Outreach/Communications Committee
•
•
•
•
•
ICC Code Development Committee Vice Chair
ICC Technology/Web Advisory Group
IAS Accreditation Committee
ICC LA Chapter Accessibility Committee
Commissioner; CALBO State Licensing Boards
Committee
•
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 13

KEY STAFF RESUMES
AHMAD ANSARI, PE, Sr. Engineer
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer
• City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.

He has managed CIP Programs and Public Works Operations, and served as the responsible in charge of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering
• Private Development/Entitlement process review and approval • Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals, signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
JOHN OSKOUI, PE, Sr. Engineer
Education
• MS, Structural Engineering, Cal-State Fullerton
• BS Civil Engineering, University of North Carolina
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Oskoui, has over 35 years of past experience in City and County Public Works and has worked at several public agencies in Southern California:
• City of Downey – Assistant City Manager and Public Works Director • Anaheim Union HS District – Director of Planning, Design and Construction • Advanced Applied Engineering – Vice President of City Services • Long Beach Unified School District – Director of Maintenance and Work Control • City of Lynwood – Engineer/Assistant PW Dir/Director of Facilities At Transtech. Mr. Oskoui serves as one of the Sr. Staff members in Transtech’s Municipal Services Team and manages various Capital Improvements Projects.

Mr. Oskoui has a broad knowledge of local government operations, including implementation of broad policy goals and strategic programs, and development and implementation of innovative and efficient service delivery models, He has successfully administered and managed complex construction programs including utilization of alternative project delivery methods. Mr. Oskoui is well versed in public outreach and interaction with citizenry groups, committees and stakeholders. Mr. Oskoui has excellent working relationship and rapport with regional and sub-regional governmental/regulatory agencies.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 14
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects.

His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction.

ALI CAYIR, PE, Sr. Engineer
Education
• BS Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
• Licensed Contractor A, B
Highlights
Mr. Cayir has over 35 years of experience. He served as Principal Program and Project Manager for a wide variety of projects. He has participated in a wide variety of multidisciplinary development teams responsible for projects that include:
• Public Facilities(Vertical Construction)
• Public Works and Infrastructure
• Parks
• Transportation and Parking Related Facilities
• Parking Structures
• Commercial and Retail Developments
• Industrial Development
• Residential and Mixed Use Development
Mr. Cayir has extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM), and served as Resident Engineer on several Federally Funded Projects.

Mr. Cayir also served as contract City Engineer and Interim Public Works Director for many municipalities in Southern California. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer
Education
• BS in Engineering
Registrations/Certifications
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 15
• RE Academy, Caltrans
• Water Pollution Control Compliance on Construction Sites for RE, Caltrans • Construction Program Management Workshop, FHWA
• Field Office Procedures Course, Caltrans
• California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans Highlights
Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr.

Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

Mr. Ackerman’s experience also includes working at Caltrans and other agencies:
o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review and Plan Check, Design and Project Management. • City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal services contract and later as City Engineer and Interim Director of Public Works under the City.

OKAN DEMIRCI, PE, QSD, QSP, MBA, Principal CIP/Contract Manager Education
• BS in Engineering
Registrations/Certifications
• Registered Civil Engineer
• Caltrans Resident Engineer Academy
Highlights
Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr. Demirci works as CIP Program Manager at various Transtech’s Contract Cities and manages various capital improvement programs including state and federal funded programs.

Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction Manager on various projects (including federal and state funded projects). He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Examples of his project experience includes:
• City of Chino, CIP Program Manager
• City of South El Monte, CIP Program Manager
• City of Monterey Park, CIP Program Manager
• City of Commerce, CIP Program Manager
• City of Temple City, CIP Program Manager
• City of Cudahy, CIP Program Manager
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 16
MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Mostahkami has over 35 years of experience. His experience includes working for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of:
• Downey, PW Director
• South Gate, PW Director, City Engineer,
• Arcadia, Civil Engineer.

JANA ROBBINS, PTP, RSP, Sr. Transportation Planner (Service Group Lead) Education
• BA, Cal Poly Pomona
Registrations/Certifications
• Licensed Professional Transportation Planner
Highlights
Ms. Robbins has over 25 years of experience. She serves as one of Transtech representatives at various Cities, prepares traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, parking studies, responds to requests from Public and City Officials and attends Traffic Commission, Planning Commission, City Council Meetings as well as Design Review Board meetings. On behalf of client Cities, reviews traffic impact studies and parking analysis submitted by developers and represents contract Cities at Commission meetings when these projects are reviewed. She works directly with staff in the departments of public works, planning, engineering, and community development at each client city. She attends community forums and neighborhood block meetings to discuss and answer questions about current and future traffic conditions. She prepares traffic impact studies for development projects in Southern California, which involves the coordination with developers, as well as local and regional agencies.

BAHMAN JANKA, TE, Sr. Traffic Engineer
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.

He has served as City Traffic Engineer and Transportation Director for public agencies, including:
• City of Pasadena, California: Transportation Administrator • City of Santa Clarita, California: City Traffic Engineer • City of Fremont, California: Associate Transportation Engineer • City of Palo Alto, California: Associate Transportation Engineer • Entranco Engineers, Bellevue, Washington: Transportation Engineer.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 17
NORMAN CAESAR M. BACULINAO, PE, TE, Sr. Traffic Engineer Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil and Traffic Engineer
Highlights
Mr. Baculinao has 30 years of experience in Traffic Engineering. He has strong Traffic Signal System Operation experience, including Traffic Management Centers or TMC. He is technology oriented and has extensive working knowledge of new (Intelligent Transportation System) ITS standards, the System Engineering Process; Traffic Signal System Integration, Video Detection, CCTV systems, twisted pair communication system, fiber optic cables, Ethernet, Light Emitting Diode (LED) signals, Red Light Camera Systems, etc.

His experience includes:
• County of Ventura, California: Traffic Engineering Manager • City of Pasadena, California: Traffic Engineering Manager • City of Santa Clarita, California: Associate Traffic Engineer • City of Stockton, California: Assistant Traffic Engineer • City of Roseville, California: Assistant Traffic Engineer DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.

AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector
Education
• Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, Belgium Registrations/Certifications
• ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner, California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 18
Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician
• IAPMO Plumbing, Mechanical Inspector
Highlights
Ms. Jefferson has over 25 years of experience in private and governmental sector. She has extensive experience in managing building and safety departments of different municipalities under Transtech contracts. She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities.

BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education
• AS, Architecture - East Los Angeles College; BA, University of La Verne Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Building Inspector Highlights
Mr. Dorman has over 30 years of experience in Building and Safety. He serves as Building Official/Plan Checker/Inspector at various Transtech contract cities. He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. Prior to joining Transtech, he has served in various capacities, including as Building Official/Code Administrator for the City of Pasadena.

MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner and Inspector Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II • ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the International Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 19
governmental agencies.

JEFFREY KAO, PE, CBO, CASp, Sr. Engineer
Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.

ALI F. ZAGHARI, PE, PMP, Sr. Engineer
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Zaghari has over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans).

His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director (DDD) for Traffic Operations at Caltrans District 7 in Los Angeles. As a member of District 7 Executive Team, Mr. Zaghari was responsible for policy, development and implementation of the traffic operations assets and the safe mobility of all users of the State Highway System (SHS) consisting of approximately 1500 center miles of freeways and conventional highways in Los Angeles and Ventura counties. He managed an operating budget of approximately $70M encompassing both operations management and capital outlay support needs. The organization under his leadership included critical functions such as Intelligent Transportation Systems (ITS), Traffic Design, District Traffic Manager (DTM), Corridor Management, System Performance, and Encroachment Permits.

ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer, QSD, QSP, CPSWQ, CPESC, LEED AP Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 20
• City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer • City of Westminster - PW Department, Associate Civil Engineer/Development Engineer • City of La Habra - PW Department, Assistant Civil Engineer.

Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC) Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures on the role of government in Green Building and on the US Green Building Program, LEED.
• USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan.

CRAIG M. WHEELER, Sr. Construction Manager/Inspector
Education
• BA
Registrations/Certifications
• NASSCO-Certified Inspector (Pipeline, Lateral and Manhole Assessments) • Licensed A General Eng. Contractor
Highlights
Mr. Wheeler has more than 30 years of experience in engineering and construction in both the public and private sectors. He has provided project management and inspection services on a wide variety of public works projects. His experience includes pavement rehab, ADA, sidewalk, curb&gutter, grading, wet and dry utilities, roadway reconstruction and resurfacing, bridge construction and rehabilitation, water and sewer lines, RCP or RCB storm drains, pump stations, booster pump stations, street lights, traffic signals-new and upgrade/modifications, parks, parking lots, structures and other related types of projects. As a project manager and construction inspector, Mr. Wheeler’s responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the City project manager, providing recommendations and responses for contractor RFIs, assisting with submittal and shop drawing reviews, tracking quantities, and conducting progress payment reviews. He has inspected projects that are funded with State and Federal Funds and is familiar Caltrans LAPM for Contract Administration.

Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on-site CM Support:
• 2019 Residential and Arterial Pavement Improvement, I-159/I-139; City of Torrance • Public Works Inspection (Staff Augmentation); City of Newport Beach • Alicia Parkway Rehabilitation; City of Aliso Viejo
• FY 2017-18 Street Rehabilitation; City of La Habra Heights • Beltway Operational Improvements; Caltrans | Bakersfield • University Drive Widening (Campus to MacArthur); City of Irvine • The Tracks at Brea – Segment No. 4; City of Brea
• CDBG Asphalt Repairs and Asphalt Overlays FY 2017; City of Mission Viejo • Annual Pavement Preservation Program FY 2018-19 and 2015-16; City of Yorba Linda • FY 2015-2016 Annual Citywide Sidewalk Repairs; City of Santa Monica • Manhattan Beach Water Line and Street Improvements; City of Manhattan Beach • Harbor Boulevard Median and LS Improvements; City of Costa Mesa • Citywide Sewer Repairs; City of West Hollywood
• Emergency Storm Drain Repair; City of Torrance
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 21
• Concrete Repair Program, Phase VI (CDBG); City of West Hollywood • Bedford Canyon Road Realignment; City of Corona
• Ontario Avenue Median Improvements; City of Corona
• SR-60/Market Street Improvements; City of Riverside
• Rimpau Park; City of Corona
• LAX Terminal Fuel Access Transmission Line Installation and Taxiway Paving Improvements JEFFREY HIRSH, Sr. Construction Manager/Inspector
Education
• SDSU, College Level Classes
Registrations/Certifications
• Cal OSHA 10 hour construction certified
• Construction Site Storm Water Training
Highlights
Jeffrey Hirsh has approximately 25 years of experience in general engineering/public works and building construction projects. He has worked in the capacity of foreman, site superintendent and project manager. In these capacities, he has been involved in a wide variety of private and public works construction projects in Type A (General Engineering) and Type B (Building) construction. He has knowledge of standards and procedures for public agencies, including the Green Book, Caltrans, and has extensive experience in traffic control, safety and OSHA compliance requirements. Mr. Hirsh also has experience in inspecting federally funded projects to ensure compliance with the Caltrans LAPM.

Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on-site CM Support:
• Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce
• Temple City Bl. HSIP Project, Traffic Signal Imp and Pavement Rehab (Federally Funded), City of Temple City
• Eastern Avenue Street Rehab Project, City of Commerce • City-Wide Annual Street Rehab Project, City of Commerce • La Ballona Safe Routes to School Improvements (Federally Funded), City of Culver City • Traffic Signal Left Turn Phasing Project (Federally Funded), City of Culver City • Uptown Parking Structure, City of Whittier
• Garvey Park Facility Improvements
• Lugo Park Artificial Turf Soccer-Field and Park Project in the City of Cudahy • Metrolink Station Improvements, City of Commerce
Jeffrey’s prior experience includes:
• 2013-214, PSBI Parking Structure Construction: Sr. Superintendent. • 1995-2013, Harwood Homes, Inc. Managed 35 Development Projects • 1992-1995, Overland Company: Site Superintendent – SFR Tract Home Development • 1985-1992, Cambridge Development: Site Superintendent/Assistant Superintendent CRAIG MELICHER, PE, Sr. VP, QC/QA, Training, Code Interpretation Support Education
• BS in Civil Engineering
• Various Construction Management Classes at UCLA, including:
o Legal Aspects of Construction Management
o Primavera based Construction Scheduling Software
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 22
Registrations/Certifications
• State of California Registered Civil Engineer
Highlights
• Served as City Engineer and Building Official for 6 Cities. • Experience in working with State Architect’s Office.
• Diversified experience in both Type A (General Engineering) and Type B (Building) projects.

Mr. Melicher has 35 years of experience in as Building Official, City Engineer and Construction Manager. Under Transtech’s Municipal Service Contracts, he served at approximately 10 Cities in various capacities, such as Contract Building Official, Deputy Building Official, Plan Checker, Inspector, City Engineer and CIP Manager. He successfully implemented the transition of City Engineering and/or Building Department Services for a number of local agencies in California.

He has extensive experience in construction, California Building Codes, building and safety plan check and inspection, code interpretations, and resolving code related construction and plan check problems on a broad range of residential, commercial and public works capital improvement projects. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

MELISSA DEMIRCI, RSP, Municipal Services Contract Management Education
• BS in Civil Engineering
Registrations/Certifications
• Road Safety Professional
Highlights
Mrs. Demirci has over 12 years of experience in Municipal Services in City & Traffic Engineering as well as Building Services. She serves as Project Manager as one of Transtech’s representative for Municipal Services at various Cities. She has her BS Degree in Civil Engineering from Cal Poly Pomona. She has experience in serving as a Traffic & Transportation Analyst, Project Manager, Associate Engineer, Transportation Grant Writer. She has her BS Degree in Civil Engineering from Cal Poly Pomona. Melissa Demirci serves as one of Transtech’s representative for Traffic Engineering Services at various Cities. Ms. Demirci also has extensive experience in Transportation Planning. She has prepared several transportation related grant applications and helped facilitate over $20 million in funding for clients’ public works and transportation improvement projects. Her prior experience includes working at the City of Los Angeles, Mayor’s Office Energy and Environment Team while completing her civil engineering degree at Cal Poly Pomona.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 23

SERVICE APPROACH

CIP PROJECT DELIVERY AND SERVICE APPROACH
Structured Approach:

We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with an efficient and quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.

The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner. A project specific approach will be provided for each assigned project and will become part of the specific contract for the specific project.
• Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive handson knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget.
•
•
Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner.

Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.
• Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files. •
•
•
Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities.

Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final reimbursement documentation, follow-up on the reimbursements, and final funds balance report.

Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy.
•
•
Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration.

Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform.

Contract Administration Approach (Caltrans LAPM):

For construction contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of managing federally funded projects. Generally, whenever the local agency is unable to produce requested data or information, it is assumed by reviewing personnel that the required actions were either never performed or not properly recorded. Organized project files can minimize these negative assumptions.

Organization and content of the project file is one indicator of effective and efficient management of the project by the resident engineer. LAPM has been prepared to aid California local agencies scope, organize, design, construct and maintain their public transportation facilities when they seek Federal Highway Administration (FHWA) funded federal-aid or state funding. This manual describes the processes, procedures, documents, authorizations, approvals and certifications, which are required in order to receive federal-aid and/or state funds for many types of local transportation projects.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS
Schedule Approach:
25 Transtech has a proven track record for completing projects on time. As part of our role as Project Managers is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline schedule, which identifies the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.

Project Control Systems:

Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.

With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence.

During the course of a project, project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and pre-construction stages.

The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation.

Our staff has experience will all of the major document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program.

That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system.

Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.

Issues Tracking System:

An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status.

Key components of effective issue tracking are:
•
•
•
Date the issue was identified. This is important to document when the issue was first identified and how long an issue is open. Issues that have long resolution times could be further investigated by performing a root cause analysis.

Description. A thorough description of the issue along with potential impacts to a project should be noted.

Including pictures or video along with pertinent annotations is vital to provide a visual reference to the issue documentation.

Issue Priority. When multiple issues need attention setting a priority of Low, Normal, or High will accurately present the hierarchy of which issues are most critical to impacting project success or need immediate resolution due to safety issues.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 26
•
•
•
Responsible Party. By assigning the person(s) responsible for resolving the issue (e.g., in the issue tracking system) provides accountability. The transparency of an issue tracking system allows for the responsible parties to be held accountable for completing tasks and keeping the project moving forward.

Due Date. The issue tracking system should provide the ability to set reminders for those tasks to ensure that due dates do not get missed which could jeopardize project closure dates. Setting reminders of due dates ensure that no tasks slip through the cracks!
Status. The visibility of issue status is essential for all project stakeholders to know if any progress is being made. If there are bottlenecks or further approvals needed, it is important that these items be documented and a plan of action created to resolve the issue.

Main benefits of an effective issues tracking system are:

Lesser chance of delays; Enhanced operation visibility; accountability; Prevents misunderstanding; Faster formulation of contingency plans; Improved accountability. • More informed decision-making; Improved
Quality Assurance Program:

During construction, an effective Quality Assurance Program will ensure the materials and workmanship incorporated into project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a Quality Assurance Program are:
•
•
Acceptance program
Independent assurance program.

Typical Quality Assurance/Quality Control Measures:

We believe that quality control is the setting of minimum standards and/or quality requirements for the specific project. Quality assurance is the means by which the quality control measures will be monitored and/or enforced. We also believe that quality control and quality assurance measures need to be developed jointly with the client. To effectively establish quality control measures, we must understand the County’s specific expectations and/or level of desired quality for the specific project. Once the expectations have been defined, and the quality control measures established, the quality assurance measures can be established. A significant part of establishing the quality assurance measures includes the timing of the measure. QC/QA can only be effective when the measures are applied and/or evaluated in a timely manner.

Depending on a project’s size, complexity and the owner’s requirements, Quality Management may include various elements:

1. Program Elements
o
o
o
o
o
o
o
o
Policy and Procedures
Goals and Objectives
General Quality Management
Roles and Responsibilities
Approvals and Reviews
Document Control
Process Improvement
Project-Specific Quality Management Plan

2. Preconstruction (some activities may not apply)
o
o
Review of Plans and Specifications
Quality standards
.
.
.

Review Requirements
Clarify Any Ambiguity
Samples or Mockups
o
o
o
Constructability Reviews
Documenting Existing Conditions
Material Management
o Subcontractor factors
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 27
o Testing

3. Construction Operations
o
o
o
o
o
Zero Defect Program
Quality Assurance Administration
Roles and Responsibilities
Inspection and Testing Plan
Quality Assurance(QA) Process

4. Closeout
o Closeout Procedures
. As Builts
. Punch List Work Management
o Systems Turnover Process
.
.
.
.
.

Startup
Testing of Systems
Training of Personnel
Documentation
O&M Manuals
o
o
Final Acceptance
Postconstruction, Warranties, Warranty Management
Value Engineering:

Depending on a project’s size, complexity and the owner’s requirements, Value Engineering may also be considered. The Value Engineering may consist of a systematic process of review and analysis of the project during the concept and design phases, by a multi-disciplined team of persons not involved in the project, may include recommendations such as:
•
•
•
•
To improve the value and quality of the project.

To provide the needed functions safely, reliably, and at the lowest overall cost.

To reduce the time to complete the project.

To combine or eliminate otherwise inefficient use of costly parts of the original proposed design for the project.

Methods/Procedures for Developing /Publishing Project Status Reports/Records:

Project status reporting is another area where the solution should be tailored to the size and scope of the project being managed and the actual reporting product anticipated by the City.

In addition to the size and scope of the project, the actual point in time of the project matters. For example, project status reporting for a design building project that is currently preparing bridging documents will be significantly different from the report that would be prepared once construction has commenced.

For smaller projects, it may be as simple as copying County staff when progress meetings are conducted.

Typical progress meetings include schedule information (usually in the form of a 3-week look ahead), an RFI Log, a Submittal Log, a ‘Ball-in-Court List, a list of Field Directives (direction to perform changed work.), a list of Change Order Requests, and a list of approved Contract Change Orders.

On larger projects this information may be condensed down to any format desired by the City. This type of progress reporting may also need to be prepared in different formats depending on the stakeholder that is being informed. More formal reports also often include photos of significant elements of the construction.

In addition, budget information and cash flow information may be desired for certain stakeholders, but not necessarily for others.

Also, daily reports documenting the work in progress is one of the important documents. The daily reports may be written by the construction inspector, construction manager, project manager, etc., as project and staffing needs dictate.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS
Coordination with City:
28 Key project team members will attend periodic project progress meetings with City staff throughout the project duration. We will maintain and establish and maintain a close working relationship with City staff. We will manage assigned projects, carefully control costs and resources, and complete assigned work on schedule. We will provide progress reports to the City at regular intervals.

Expediting Projects:

Transtech understands the importance of being able to expedite tasks, when requested, by the City.

Transtech has sufficient staff and resources to expedite projects.

Expedited/Off-Business Hours/Weekend Services:

If the City receives a request from applicants for expedited plan check services, Transtech staff will provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends.

BUILDING & SAFETY SERVICE APPROACH
Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, costeffective, and timely manner:
 Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.


Our services are founded on the principles of Total Quality Management for Total Customer Care.

We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.


We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.

Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that. 

This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.

Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.
 To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 29



Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.

Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.

All telephone calls or e-mails received are returned within the same working day, or the following day.

We take pride in our “Same Day Response” motto.


Responsiveness is an integral part of Transtech’s “customer friendly” service approach.

We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.
 Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services.

Plan Check Processing:

When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment.

Plan Check Coordination:
• Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks.
• Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process.

Especially, when the applicant is a homeowner trying to improve his/her property, this policy often demonstrates early on that the City really is here to help.

Approach to Meeting with Applicants:

Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants.

Expedited/Off-Business Hours/Weekend Services:

If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends.

Quick Turn Around and Expedited Service:

Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals.

Weekend, Holiday & Atter Work Inspection:

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 30
Transtech is readily available and has the resources to provide weekend, holiday, and after-work hour inspections as requested by the City Manager or designee.

Emergency Response:

In the event of a local or regional emergency or disaster, our staff will be accessible to provide Building and Safety services as directed by the City. All of our building officials and inspectors have gone through extensive training to be SAP Evaluator and registered with the State of California Safety Assessment Program.

Readily Available Staff:

Transtech has a large pool of well experienced in-house staff readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.

Other Services:

Transtech is a full-service municipal consulting firm that currently provides a variety of different city services for public agencies. We understand that Transtech would be responsible for all correspondence related to activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform investigations, provide problem-solving methods for unique or challenging plan check or code interpretation issues, provide report writing and policy & procedure recommendations, and attend City Council and Commission meetings as requested by the City Manager or designee.

Electronic Plan Check:
• Transtech provides Electronic Plan Check.
• Sample of one of our electronic plan check portals:

West Covina
https://gopost-transtech.eplansoftreview.com/#/login?portal=westcovinabldg Virtual Counter:
•
•
We offer virtual meetings with plan checkers.

Sample of one of our virtual plan check counter appointment calendar:

South Pasadena Virtual Plan checker
https://outlook.office365.com/owa/calendar/[email protected]/bookings/ Sample Electronic Plan Checks:


Following pages include sample snap shots of various types of electronic plan checks.

Also, links for each plan check is provided to review full plan check documents.

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 31
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 32
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 33
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 34

REFERENCES
Client Name: City of West Covina (Year started and completed: 2019 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contact: David Carmany, City Manager; T: 626-939-8401 E: [email protected] Client Name: City of South El Monte (Year started and completed: 2018 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contact: Rene Salas, Assistant City Manager; T: 626-579-6540, Ext. 3040; E: [email protected] Client Name: City of Commerce (Year started and completed: 2003 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contacts: Jose Vilko Domic, Assistant City Manager; T: 323-722-4805; E: [email protected] Client Name: City of Temple City (Year started and completed: 2012 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contact: Bryan Cook, City Manager; T: 626-285-2171; E: [email protected] Client Name: City of Alhambra (Year started and completed: 1993 – Ongoing Service) • Services Provided: Services Provided: City Engineer, Traffic Engineer, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician • Contact: Marc Castagnola, Dev Services Director, T: 626-570-5041; E: [email protected] Client Name: City of Monterey Park (Year started and completed: 2013 – Ongoing Service) • Services Provided: Engineering, Traffic Engineering, CIP Management, Design, Construction Management, Inspection, Federally Funded Project Management, Building Official, As-needed Plan Review, Inspection, Permit Technician
• Contact: Ron Bow, City Manager, 626-307-1255; E: [email protected] Client Name: City of Ontario (Year started and completed: 2019 – Ongoing Service) • Services Provided: Management of CIP and Staff Augmentation Services • Contact: Tito Haes, Public Works Director, T: 909-365-2625; E: [email protected] Client Name: City of Chino (Year started and completed: 2018 – Ongoing Service) • Services Provided: Management of CIP and Staff Augmentation Services • Contact: Amer Jakher, PE, Public Works Director, T: 909-334-3265; E: [email protected] Following are few reference letters from our clients:

Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 35
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 36
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 37
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 38
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 39
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 40
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 41
Transtech Engineers, Inc.

STATEMENT OF QUALIFICATIONS 42
Transtech Engineers, Inc.

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services i]Vi* ^c l]daZ dg ^c eVgi* Xdchi^ijiZ qejWa^X ldg`hr Vh defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California FVWdg =dYZ (q=]VeiZg /r), @jgi]Zg* =dchjaiVci VX`cdlaZY\Zh i]Vi i]^h ;\gZZbZci ^h subject to (a) Chapter 1 and (b) the rules and regulations established by the Department d[ CcYjhig^Va LZaVi^dch (q>CLr) ^beaZbZci^c\ hjX] hiVijiZh, N]ZgZ[dgZ* Vh id i]dhZ MZgk^XZh i]Vi VgZ qejWa^X ldg`hr* =dchjaiVci h]Vaa Xdbean l^i] VcY WZ WdjcY Wn Vaa i]Z iZgbh* gjaZh 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. JjghjVci id FVWdg =dYZ MZXi^dc /55/,2* =dchjaiVcish MZgk^XZh VgZ hjW_ZXi id 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. =dchjaiVci VX`cdlaZY\Zh i]Vi Z^\]i ]djgh aVWdg Xdchi^ijiZh V aZ\Va YVnsh ldg`, 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:
qC Vb VlVgZ d[ i]Z egdk^h^dch d[ MZXi^dc 15.. d[ i]Z FVWdg =dYZ l]^X] gZfj^gZ ZkZgn ZbeadnZg id WZ ^chjgZY V\V^chi a^VW^a^in [dg ldg`Zghs XdbeZchVi^dc dg id undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the ldg` d[ i]^h XdcigVXi,r

12. For every subcontractor who will perform work on the project, Consultant shall be responsiWaZ [dg hjX] hjWXdcigVXidgsh Xdbea^VcXZ l^i] =]VeiZg / VcY FVWdg =dYZ MZXi^dch 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 hjWXdcigVXidgsh Xdbea^VcXZ* ^cXajY^c\ l^i]dji a^b^iVi^dc* XdcYjXi^c\ V eZg^dY^X gZk^Zl d[ 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 VcY YZ[ZcY (Vi =dchjaiVcish ZmeZchZ l^i] XdjchZa gZVhdcVWan VXXZeiVWaZ id =^in) =^in* ^ih 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 d[ Vaa XdchZfjZci^Va YVbV\Zh* ViidgcZnhs [ZZh* VcY di]Zg gZaViZd costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Agenda Item G

AGENDA STAFF REPORT
DATE: June 12, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Holistic System Integration Solutions for Information Technology Services ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7413:

1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $45,760; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

In February 2021, the City procured Tyler Technologies’ Energov Land Management Software System to centralize its building, planning, engineering and code enforcement activities. Purchase of the software is aligned with the City Council’s 2021 strategic objective for Community Development to identify process improvements and advance customer service capabilities.

The City contracted with Holistic System Integration Solutions (Holistic) in 2021 to provide the necessary support to this effort. Implementation of the Energov system is a complex endeavor, and Tyler Technologies does not provide full support for the transition. Data conversion, preparation and integration of technologies such as the Environmental Systems Research Institute (ESRI) mapping program and Blue Beam plan review, rigorous testing, and some coding are the responsibilities of the City. Holistic has been instrumental in moving the Energov transition forward, and continued services are needed to support this priority, with an updated go-live date in January 2024.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this amendment to the Professional Services Agreement

Page 2 ends

with Holistic System Integration Solutions will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The Professional Services Agreement will approve an expenditure of up to $45,760 from Account 103-300-0231-51302, Building Technology. This fund is comprised of building permit fee revenue set aside specifically for technology-related needs, and this planned expenditure is included in the City’s Fiscal Year 2023-24 Adopted Budget.

STRATEGIC PLAN:

Implementation of a software solution for Community Development was identified as a 2021 City Council priority.

RECOMMENDATION:

That the City Council adopt Resolution 7413:

1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $45,760; and,

2. Authorizing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7413
B. Professional Services Agreement with Holistic System Integration Solutions RESOLUTION 7413

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT NO. 1 TO

THE PROFESSIONAL SERVICES AGREEMENT WITH

HOLISTIC SYSTEM INTEGRATION SOLUTIONS
WHEREAS, The City of Seal Beach (City) is implementing a new land management software system and requires expert information technology assistance; and, WHEREAS, the City has contracted with Holistic System Integration Solutions to assist in the software implementation; and,
WHEREAS, Consultant is a highly qualified consulting firm, specializing in information technology support and will serve the needs of the City; and, WHEREAS, City and Consultant wish to enter into a Professional Services Agreement to achieve implementation of the land management software system.

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

Section 1. The City Council hereby approves the Professional Services Agreement with Holistic System Integration Solutions in the amount of $45,760 as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full.

Section 2. The Council hereby directs the City Manager to execute the Amendment on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of June, 2023 by the following vote:

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

Thomas Moore, 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 7413 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 June, 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Temporary Software Implementation Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Holistic System Integration Solutions
P.O. Box 6313
La Quinta, CA 92248
760-861-6532
This Professional Service Agreement (“the Agreement”) is made as of June 12, 2023 (the “Effective Date”), by and between Holistic System Integration Solutions (“Consultant”), a sole proprietorship, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
2 of 19

RECITALS
A. City desires certain information technology professional services.

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

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 Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

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

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

2.0 Term

2.1. The term of this Agreement shall commence on July 1, 2023 and shall remain in full force and effect until June 30, 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 A for the Services but in no event will the City pay more than the total not-to-exceed amount of $45,760 (forty-five thousand, seven hundred and sixty dollars) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving 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.
4 of 19

5.0 Termination

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

5.2. This Agreement 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. Angelica Zarco is the Consultant's primary representative for purposes of this Agreement. Angelica Zarco 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: Holistic System Integration Solutions
P.O. Box 6313
La Quinta, CA 92248
Attn: Angelica Zarco

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

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

9.4. Consultant shall 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.
7 of 19

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, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided 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 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, 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 outlined by CAL OSHA and other applicable state and federal laws. City may 10 of 19
issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

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

17.0 Insurance

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

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

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

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

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , within minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.
11 of 19

17.2.5. Cyber Security & Privacy Liability Insurance. Service Provider shall procure and maintain Cyber Security and Privacy Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 general aggregate which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
c. Liability arising from the failure of technology products (software) required under the contract for Service Provider to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

If coverage is maintained on a claims-made basis, Service Provider shall maintain such coverage for an additional period of three (3) years following termination of the contract. Required Endorsements – a 30-day notice of cancellation.

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

17.4. Additional Insured.

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. 12 of 19

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

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

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected 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;

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

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

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the 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. 13 of 19

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

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on 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.

17.12. 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 18.0.

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

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

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.
14 of 19

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “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 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.

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

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities 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 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.

18.3. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this 15 of 19
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.

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

18.5. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant 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, agephysical 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.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor 16 of 19
Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

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

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

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

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

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

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or 17 of 19
which would conflict in any manner with the performance of the Services.

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

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

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

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

29.0 Corrections
18 of 19
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

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

31.0 Mutual Cooperation

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

31.2. 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.

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

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

34.0 Exhibits
19 of 19
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

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

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: ________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Holistic Systems
Integration Solutions, a Sole
Proprietorship
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.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Angelica Zarco President
City of Seal Beach Master Template Approved: 7/27/22
7688251

EXHIBIT A
Consultant’s Proposal

Page 1 ends
← All documents from this meeting