Agenda packet — Seal Beach City Council, June 26, 2023 (part 1 of 3)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, June 26, 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
• Seal Beach Animal Control Program Update and Implementation • Water Safety Presentation by Orange County Fire Authority Division 1 Chief Craig Covey
• Life Saving Award Recognition for Tom Quinn

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 Communications from Mayor Moore
Supplemental Communicatons from Mayor Pro Tem Sustarsic Supplemental Communicatons from Council Member Steele
Emailed Comments from Elizabeth Kane
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. Consideration of Mayor Moore’s Request to Establish a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council consider the request of Mayor Moore to establish a Citizen-Council Parking Advisory AdHoc Committee to review the City’s Parking Management Program to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.

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

B. Approval of the June 12, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 12, 2023.

C. Demands on City Treasury (Fiscal Year 2023) June 26, 2023 - Ratification.

D. Monthly Investment Report – May 31, 2023 - Receive and file.

E. Amendment to Professional Services Agreement with Hodge and Associates - That the City Council adopt Resolution 7419 approving Amendment No. 2 to the Professional Services Agreement with Hodge and Associates extending the term until December 31, 2023.

F. Approving Amendment No. 4 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority and Budget Amendment 23-12-02 for the OCTA I-405 Improvement Project (CIP ST1809) - That the City Council adopt Resolution 7420: 1. Approving Amendment No. 4 to Cooperative Agreement No. C-6-1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022, and Amendment No. 3 dated April 25, 2023 with Orange County Transportation Authority; and, 2. Authorizing the City Manager to execute Amendment No. 4 to Cooperative Agreement No C-6-1126; and, 3.

Approving Budget Amendment 23-12-02 recognizing $200,000 from Orange County Transportation Authority for the I-405 Freeway Improvement Project.

G. Approval of Contract for Acceptance and Use of Permanent Local Housing Allocation Funds to Assist the Leisure World Bathroom Accessibility Program - That the City Council adopt Resolution 7421: 1.

Authorizing the City Manager to enter into a contractual agreement with the County of Orange to receive $76,396 in Permanent Local Housing Allocation (PLHA) funds for the Leisure World Bathroom Accessibility Program; and, 2.

Approving Budget Amendment No. 23-12-03 in the amount of $76,396.

H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with NV5, Inc. to Provide Temporary Staffing Assistance Services - That the City Council adopt Resolution 7422: 1.

Approving Amendment No. 1 to the Professional Services Agreement with NV5, Inc. dated February 13, 2023, for additional temporary staffing assistance services, as set forth in Exhibit A-1 to Amendment No. 1, and increasing compensation by $50,000 for a revised not-to-exceed amount of $150,000; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

I. Amendment to the Professional Services Agreement with Complete Paperless Solutions - That the City Council adopt Resolution 7423 approving Amendment No. 2 to the Professional Services Agreement with Complete Paperless Solutions for document digitizing services, extending the term to end June 30, 2024.

J. Job Specifications Amendment (Senior Community Services Officer) - That the City Council adopt Resolution 7424 approving an amendment to the job specification standards for full-time Senior Community Services Officer (SCSO). Specifically, the amendment would modify the two-year experience requirement to one year preferred, to fill immediate vacancies and to create a hiring list for foreseeable vacancies and add requirements relating to animal control services.

K. Wetlands and Wildlife Care Center Contract - That the City Council adopt Resolution 7425 approving and authorizing the City Manager to execute the Agreement with the Wetlands and Wildlife Care Center to provide animal shelter services for wildlife animals located within the City of Seal Beach for a two-year term at the not-to-exceed rate of $500 per month for the original term, and providing the City with the option to extend the original term by up to three one-year extensions for the not-to-exceed amount of $500 per month for each extension.

L. Approval of Animal Shelter Services Agreement with Westminster Adoption Group and Services (“WAGS”) Contract and Termination of Animal Shelter Operation Agreement with Friends of Seal Beach Animal Care Center Inc. - That the City Council adopt Resolution 7426: 1. Approving and authorizing the City Manager to execute the Agreement with the Westminster Adoption Group and Services (“WAGS”) to provide animal control and shelter services for the City of Seal Beach for a two-year term; with the option to extend the Agreement for up to three additional one-year terms, for basic animal shelter services at the not-to-exceed amount of $72,000 for the first year; for basic animal shelter services for each subsequent year for the not-to-exceed amount of $72,000 as adjusted by the lesser of inflation or 3% for each additional year; and for additional services for specified emergency medical care and a TNR Program as elected by the City at the not-to-exceed total amount of $5,000 per year; and allowing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and, 2.

Terminating the 2004 Agreement for Animal Shelter Operation between the Friends of Seal Beach Animal Care Center, Inc. (“SBACC”) and the City on condition that SBACC continue to provide animal shelter services for the general public at the subject property in accordance with the 2004 Purchase and Sale Agreement; and authorizing the City Manager to notify SBACC of the termination of the Agreement; and, 3. Authorizing the City Manager to execute all other necessary agreements and documents for SBACC’s continued provision of animal shelter services for the general public at the subject property, in accordance with the 2004 Purchase and Sale Agreement.

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

ADJOURNMENT
Adjourn the City Council to Monday, July 24, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary. Please note, the July 10, 2023 City Council meeting has been cancelled.

CITY OF SEAL BEACH

ANIMAL CONTROL

SERVICES
➢ HISTORICAL

PERSPECTIVE
➢ LONG BEACH

CONTRACT
➢ CITY COUNCIL

DIRECTIVE

FINANCIAL
Proposed
FY23/24
Budget

PROGRAM COMPONENTS
MAINTAINING HEALTH AND SAFETY
INVESTIGATION AND ENFORCEMENT
EDUCATION AND OUTREACH
SICK AND INJURED ANIMALS
LICENSING

STEPS FOR

IMPLEMENTATION
▪Training
▪Field Training
▪Shelter Providers
▪Wildlife Providers
▪Emergency Vet Care
▪Licensing
▪Messaging

TRAINING
Animal Behavior and Handling
Animal Laws and Regulations
Animal Investigation and Enforcement
Animal Education and Outreach

FIELD TRAINING

SHELTER PROVIDERS

WILDLIFE

PROVIDERS

EMERGENCY

VET CARE

EQUIPMENT

LICENSING
•
•
•
•

ENFORCEMENT POSTURE

EDUCATION OUTREACH WARNINGS

MUNICIPAL

CODE FLEXIBILITY ENFORCEMENT

MESSAGING
•
•
•
•

IMPLEMENTATION
QUESTIONS?
Water Safety
Craig Covey – Division Chief
OCFA Division 1
What is Drowning?
What is Drowning?
The process of respiratory impairment
from submersion or immersion in liquid.
- World Health Organization
Drowning Outcomes:
• Fatal
• Non-fatal
Drowning Risk Factors
• Gender
• Ethnicity
• Age
• Lack of Supervision
• Lack of Barriers
• Swimming Ability
• Special Needs
Did You Know?
In 2022, the total number of
drownings in Orange County was 111
Age Factor:
• 0-4 years old = 35 incidents
• 35-64 yrs old = 26 incidents
• 65 and older = 15 incidents
Drowning is the leading cause of accidental death for children under the age of 5.

Children can drown in as little as two inches of water! Orange County Statistics
Orange County Statistics
29%
28%
33%
10%
2022 OC Drownings
Ocean / Bay = 31
Backyard Pool / Spa = 31
Community Pool / Spa = 36
Bathtub = 11
2022 Drowning Factors:
• Lapse in supervision
• Lack of Barriers
• Medical Issues
• Intoxication
Time is Important

TIME ACTION
20 Seconds Child can become fully submerged in water
30 Seconds Infant can lose consciousness
60 Seconds Adult can become fully submerged in water
2 Minutes Child can lose consciousness
5 Minutes Brain can suffer irreparable damage
10 Minutes Brain death can occur
If a child is missing, always check the water first!
ABCs of Water Safety
Active Adult Supervision
Children are within eyesight and reach of the person responsible for their safety.

Assign a “Water Watcher”
• Sober adult
• Able to swim
• Watches the water at all times
• Avoids social activities, phone
calls, reading, cooking, and any
other distractions
• Rotate every 15-20 mins if possible According to the CDC, 88% of children who drown are under some form of “supervision”
Barriers
• Isolate pool/spa from home and play
areas
• Install multiple barriers for protection
such as safety covers, self-closing
fences, self-latching gates, gate
alarms, door alarms, and motiondetection devices
• Maintain and check regularly
• New Technology 2017 Pool Safety Act now
requires 2 of 7 safety features
Classes
• Learn to swim
• Recreational vs.

Survival Lessons
• Teach and enforce
pool safety rules
• Learn CPR/AED
• Take a first aid class
• Learn and practice
rescue techniques
Pool Safety
• Most drownings in children ages 1-4 are occur in pools • 69% of drownings of children under the age of 5, they were not expected to be in or near the water • 80% of child drownings, the child was last seen safe in the home 5 minutes prior to being found in the pool • 66% of clinicians don’t know that
drowning deaths are more common than
toxic ingestions or firearms
There is NO such thing as a SAFE pool
Drain Safety
•Keep children away to avoid entrapment
and entanglement – hair, jewelry, clothing
•Keep long hair tied back and remove
dangling earrings/necklaces
•Install compliant safety drain covers
•Install automatic shut-off pump systems
•Know where the pool and spa pump switch
is and how to turn it on and off Photo courtesy of How Stuff Works Flotation Devices
Life vests are recommended for anyone
who cannot swim or is not a strong
swimmer.
• U.S. Coast Guard approved
• Specific to age and weight
• Comfortably snug
• Zippers vs Buckles
In open water, life vests are for
everyone!
Flotation devices are not a
substitute for active adult
supervision!
Additional Water Sources
Bathtubs Open Water Boating
Drowning Myths
Drowning is silent
Children and adults drown without a sound

MYTH REALITY
If a person is drowning: If a person is drowning:

They will be screaming for help They will be gasping to breathe Their arms will be underwater moving
to try and keep afloat
Their arms will be up and waving
They will be bobbing in the water with
their head tilted back and mouth at
water level
They will be splashing in the water
Top 10 Water Safety Tips

1. Don’t just bring a life vest, wear it

2. Know before you go

3. Stay dry when waves are high

4. Steer clear of the pier

5. Swim near a watchful adult

6. Don’t fight the current

7. Yell for help while you still can

8. Flip, float and follow

9. Save yourself first

10.Be a water watcher
Remember…
Water is the great equalizer…..it does not discriminate Drowning is FAST
Drowning is SILENT
Drowning is PREVENTABLE
Just because you can SWIM, doesn’t mean you can’t SINK
Public Safety Message
For more information,
visit ocfa.org or call 714-573-6200
Never swim alone and
always watch the water!
Water Safety
Craig Covey – Division Chief
OCFA Division 1
What is Drowning?
What is Drowning?
The process of respiratory impairment
from submersion or immersion in liquid.
- World Health Organization
Drowning Outcomes:
• Fatal
• Non-fatal
Drowning Risk Factors
• Gender
• Ethnicity
• Age
• Lack of Supervision
• Lack of Barriers
• Swimming Ability
• Special Needs
Did You Know?
In 2022, the total number of
drownings in Orange County was 111
Age Factor:
• 0-4 years old = 35 incidents
• 35-64 yrs old = 26 incidents
• 65 and older = 15 incidents
Drowning is the leading cause of accidental death for children under the age of 5.

MYTH REALITY
If a person is drowning: If a person is drowning:

1. Don’t just bring a life vest, wear it

2. Know before you go

3. Stay dry when waves are high

4. Steer clear of the pier

5. Swim near a watchful adult

6. Don’t fight the current

7. Yell for help while you still can

8. Flip, float and follow

9. Save yourself first

MYTH REALITY
If a person is drowning: If a person is drowning:

1. Don’t just bring a life vest, wear it

2. Know before you go

3. Stay dry when waves are high

4. Steer clear of the pier

5. Swim near a watchful adult

6. Don’t fight the current

7. Yell for help while you still can

8. Flip, float and follow

9. Save yourself first

MYTH REALITY
If a person is drowning: If a person is drowning:

1. Don’t just bring a life vest, wear it

2. Know before you go

3. Stay dry when waves are high

4. Steer clear of the pier

5. Swim near a watchful adult

6. Don’t fight the current

7. Yell for help while you still can

8. Flip, float and follow

9. Save yourself first

MYTH REALITY
If a person is drowning: If a person is drowning:

1. Don’t just bring a life vest, wear it

2. Know before you go

3. Stay dry when waves are high

4. Steer clear of the pier

5. Swim near a watchful adult

6. Don’t fight the current

7. Yell for help while you still can

8. Flip, float and follow

9. Save yourself first

10.Be a water watcher
Remember…
Water is the great equalizer…..it does not discriminate Drowning is FAST
Drowning is SILENT
Drowning is PREVENTABLE
Just because you can SWIM, doesn’t mean you can’t SINK
Public Safety Message
For more information,
visit ocfa.org or call 714-573-6200
Never swim alone and
always watch the water!
CC Questions 6/26/2023
I see Raftelis provides consulting on utilities. Can you describe what they do more specifically? Raftelis provided Rate Model Assistance to determine the financial health of the City’s water system. This review is what triggered the PSA with Raftelis (approved by Council on 6/12/23) to provide Water and Wastewater Financial Planning Services (2023 water/sewer rate studies).

For both Pennypacker and Fattal, the City contracts with individual instructors to provide contract classes to the public that take place in recreation facilities. Through the individual contract instructor agreements, the City collects 100% of all class fees from the participants and pays the instructor 70% of the total fees minus an administrative fee of $10 per registration. Each of these line items on the warrant represents the instructor’s percentage payment. It is also important to note that these payments represent summer programing, which is the busiest for the department and has the highest registration numbers.

Questions for June 26, 2023, City Council meeting Sustarsic Warrants:
#26937 6/9/23 Richard C. Slade & Associates LLC $ 4,998.39 Geologists
What is this for?
This invoice is related to the Beverly Manor Well Pump Rehabilitation Project. Richard C. Slade is providing Hydrogeological Services, which includes preliminary well evaluation and preparation of the technical specifications for the project.
#2563 6/9/23 MWDOC $11,822.64
Water deliveries 4/2023
Every month, City imports less than 1% of water to keep our import water lines fresh. Otherwise, the water would become stagnant. The “Capacity Charge” and “Readiness To Serve” charge are recurring charges to maintain this connection.

A recent response to a Sun News Inquiry by Patrick Gallegos seemed to indicate that we are pumping most/all water from the groundwater basin presently and for the remainder of the year. Was Seal Beach importing water earlier in the year?
The City has not imported water in 2023 (outside of the water imported to keep our lines fresh - less than 1%, as noted above). The City imported water from June 2022 to early September 2022. 1 Gloria Harper
Subject: FW: Questions
-----Original Message-----
From: Nathan Steele <[email protected]>
Sent: Saturday, June 24, 2023 6:55 PM
To: Jill Ingram <[email protected]>
Subject: Questions
A couple of items:
001783. Lightbox Parent, LP. “GovClarity”
Los Alamitos Unified School District invoices. (2)
One on One Basketball Clinic
For Lightbox Parent, LP. GovClarity number 26925 in the amount of $18,900:

The Lightbox/GovCarity warrant covers the annual subscription cost for the City’s GIS system (software as a service).

For Los Alamitos Unified School District Invoice number 26973:
$6,278.47 for reimbursement for the electricity payment at the McGaugh pool $27,001.15 for reimbursement of the quarterly gas payment at the McGaugh pool For One on One Basketball, Inc. Invoice Number 26979 in the amount of $2,840.50:

The City contracts with individual instructors to provide contract classes to the public that take place in City recreation facilities. Through the individual contract instructor agreements the City collects 100% of all class fees from the participants and pays the instructor 70% of the total fees minus an administrative fee of $10 per registration. Each of these line items on the warrant represents the instructor’s percentage payment. It is also important to note that these payments represent summer programing, which is the busiest for the department and has the highest registration numbers.
1 Gloria Harper
Subject: FW: Questions
-----Original Message-----
From: Nathan Steele <[email protected]>
Sent: Saturday, June 24, 2023 6:55 PM
To: Jill Ingram <[email protected]>
Subject: Questions
A couple of items:
001783. Lightbox Parent, LP. “GovClarity”
Los Alamitos Unified School District invoices. (2)
One on One Basketball Clinic
For Lightbox Parent, LP. GovClarity number 26925 in the amount of $18,900:

The Lightbox/GovCarity warrant covers the annual subscription cost for the City’s GIS system (software as a service).

The City contracts with individual instructors to provide contract classes to the public that take place in City recreation facilities. Through the individual contract instructor agreements the City collects 100% of all class fees from the participants and pays the instructor 70% of the total fees minus an administrative fee of $10 per registration. Each of these line items on the warrant represents the instructor’s percentage payment. It is also important to note that these payments represent summer programing, which is the busiest for the department and has the highest registration numbers.
1 Gloria Harper
From: Elizabeth Kane <[email protected]>
Sent: Monday, June 26, 2023 10:59 AM
To: Gloria Harper; Joe Kalmick; Thomas Moore
Cc: Elizabeth Kane; Marc Loopesko
Subject: No More Parking Commissions, Committees, Panels, ....

I want to voice my opinion against the City Council even considering a (yet another) Parking Commission/Committee/ Advisory group. I don't care what you call it, I have lived here for over 26 years and we have wasted time at least four (4) prior instances that I can recall on this issue.

I think you should go back and review what came out of the last review and get on with it! I realize that it is a hotbed issue. Always has been, always will be, but if it needs to be done, delaying your decision to try and defray the public is not the answer.

Please do not do this yet again! There has been more than enough time, effort and money spent on this over the years for you all to act on accordingly.

Just for the record, I am in favor of bringing us into the 21st Century and having paid parking on Main Street. There is no other beach community on the West Coast that allows what we do to go on. Visitors expect it, and locals need to adjust their thinking of entitlement.

Thank you
Elizabeth Kane
244 7th Street
562-493-1015

COUNCIL ITEMS
A. Consideration of Mayor Moore’s Request to Establish a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council consider the request of Mayor Moore to establish a Citizen-Council Parking Advisory AdHoc Committee to review the City’s Parking Management Program to engage
in focused discussion, and to review, analyze and recommend options for improvements to the parking program.

Agenda Item A

AGENDA STAFF REPORT
DATE: June 26, 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 a Citizen-Council Parking Advisory Ad-Hoc Committee
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council consider the request of Mayor Moore to establish a CitizenCouncil Parking Advisory Ad-Hoc Committee to review the City’s Parking Management Program to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.

BACKGROUND AND ANALYSIS:

At the June 12, 2023 City Council meeting, Mayor Moore agendized a Council Item to consider the establishment of an Ad-Hoc Parking Committee and the appointment of two (2) Council Members to review the City’s Parking Management Program and advise on changes to the parking program.

Following discussion of this item, with no action being taken by the Council, and at the request of Mayor Moore, staff was directed to agendize a Council Item to consider the establishment of a Citizen-Council Parking Advisory Ad-Hoc Committee to analyze potential changes to the parking program.

The purpose and goal of the Committee would be to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.

Following Council discussion, if there is consensus to establish a Citizen-Council Parking Advisory Ad-Hoc Committee, staff will agendize an item for establishment of the Committee at the July 24, 2023 Council meeting.

ENVIRONMENTAL IMPACT:

This item does not have an environmental impact.

Page 2 ends

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 a CitizenCouncil Parking Advisory Ad-Hoc Committee to review the City’s Parking Management Program and to engage in focused discussion, and to review, analyze and recommend options for improvements to the parking program.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Suggested Composition of Parking Committee & Goals for the Committee 1) 2 council members (Tom Moore/ Joe Kalmick)
2) City Manager or her designee(s).
3) 1 seal beach chamber member (someone who owns a business on Main Street and would be selected by the Chamber before August 1st)
4) 5 residents (one person chosen by each council member) – Must be Seal Beach resident and apply to City Clerk
The Brown Act permits these meetings to be open to the public and other council members can sit in and listen.

Goal for the Committee 3 months after Committee is formed 1) Recommendation on how the 2 Townhall meetings will be conducted 2) Look at Parking on Main street and provide an opinion to Council 3) Provide any other ideas/recommendations to improve parking in Seal Beach -- Shops at Rossmoor; parking signs; consistency and provide guidance to council Agenda Item B

AGENDA STAFF REPORT
DATE: June 26, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the June 12, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on June 12, 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 June 12, 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, June 12, 2023
Seal Beach, California
June 12, 2023
The City Council met in regular session at 7:02 p.m. in the City Council Chamber. Mayor Pro Tem Sustarsic led 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
Dana Engstrom, Deputy City Clerk
Craig Covey, Division 1 Chief Orange County Fire Authority Chris Hendrix, Police Lieutenant
Jennifer Robles, Management Analyst
Lauren Barich, Management Analyst
Kevin Edwards, Management Analyst
Nick Bolin, Marine Safety Lieutenant
Tim Kelsey, Recreation Manager
Kathryne Cho, Deputy Public Works Director/City Engineer

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Two (2) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Council Member Kalmick 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
• 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

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speaker: Amanda Bernadino, Kane Derm, Dawn Southern, Matthew Terry, and Rosie Ritchie. Mayor Moore closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli indicated he had no items to report; however, in response to a public comment made, he noted that the City Attorney for the Beach House has his contact information, and he is available to discuss bathroom maintenance at any time.

CITY MANAGER REPORT
City Manager Ingram thanked the Council for attending the Marine Safety Department’s Badge Pinning Ceremony, noting that there was standing room only. She also indicated that she attended a Naval Weapons Station meeting with Commanding Officer Captain Jessica O’Brien and Public Information Officer Gregg Smith along with Council Member Landau and Council Member Kalmick. She noted some of updates for the benefit of the public including: the status of the Navy Pier Ammunition Project, the Pier Area Revitalization Project, reopening of Barney’s Beach following the completion of some construction in the area, Surfside Beach Replenishment Project, the Environmental Clean-up Project, Summer Exercises, and noted that the public will be notified about the loud noises as a result of the exercises, the Agreement between the Navy and Orange County Fire Authority, an Agreement between the Navy and the Seal Beach Police Department, and the discussion about the Seal Beach Housing Element.

Additionally, she informed the Council that the City will be working on two (2) Grand Jury reports that are often time-consuming and that there is a 90-day deadline to respond to the requests with findings and recommendations.

Lastly, she reported on some agenda items that will be brought to City Council within the next couple of months, including an Animal Services Control Presentation, Animal Control Services Agreements, the Chevron Station Project at Pacific Coast Highway and 13th Street, the Housing Element, Zoning Code Update, an Accessory Dwelling Unit ordinance revision to meet State Code, and the adoption of the Local Coastal Plan.

COUNCIL COMMENTS
Council Member Landau expressed her concerns about the Beach House restroom situation. She reported her attendance at the Submarine - Tolling of the Boats Ceremony, the Lion’s Club Memorial Celebration at Eisenhower Park, the meeting with the Navy as City Manager Ingram indicated above, the California Joint Power Insurance Authority Newly Elected Officials Conference, and the Marine Safety Badge Pinning Ceremony.

She congratulated Marine Safety Lieutenant Nick Bolin and Marine Safety Officer Jeremy Jenks on their promotions.

Mayor Pro Tem Sustarsic reported her attendance at the Submarine - Tolling of the Boats Ceremony, Good Morning Los Alamitos event, the Recreation and Parks Commission meeting, the Navy Restoration Advisory Board meeting, a College Park Neighborhood Association meeting, an Orange County Sanitation District Operation Committee meeting, and the Marine Safety Badge Pinning Ceremony. Additionally, she thanked the Seal Beach Lifeguards for all they do to keep the community safe as we head into the busy summer months.

Council Member Kalmick reported that he attended the Navy meetings as mentioned by City Manager Ingram noting that this has been the most interactive relationship the City has had with the Navy since his time on the City Council and that he appreciates that the Navy wants to engage with the City. Additionally, he reported his attendance at an Orange County Fire Authority board meeting, indicating that he received good news about their Fiscal Year 2026-27 budget and that the City could potentially see some reductions in the cost of our contract.

Council Member Steele reported that he attended a Golden Rain Foundation meeting and noted that a meeting would be held tomorrow regarding the consolidation of committees.

Additionally, he indicated that he attended the Orange County Library Advisory Board meeting and attended the two-day California Joint Powers Insurance Authority Newly Elected Officials Conference.

Mayor Moore reported that he attended the Lions Club Memorial Ceremony at Eisenhower Park, the Submarine - Tolling of the Boats Ceremony, the Marine Safety Badge Pinning Ceremony, and the Los Alamitos High School Graduation Ceremony and noted that there was a 100% graduation rate this year.

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.

City Clerk Harper provided a comprehensive background on the staff report and City Attorney Ghirelli addressed questions from Council Members.

Council Member Landau moved, second by Mayor Moore to 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.

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

City Clerk Harper provided a comprehensive background on the staff report and City Attorney Ghirelli addressed Council Member questions.

After Council discussion, no action was taken on this item. Staff was directed to bring back a discussion item to determine if there would be Council consensus to consider Mayor Moore’s request to establish a Council-Citizens Parking Advisory Committee.

CONSENT CALENDAR
Mayor Pro Tem Sustarsic moved, second by Mayor Moore, to approve the recommended actions on the consent calendar.

Council Member Landau abstained from voting on Item I due to a potential conflict of interest.

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.

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: Landau (Item I only)
Motion carried

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

PUBLIC HEARING
There were no public hearing items.

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

NEW BUSINESS
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 oneyear terms at no cost to the City; and, b) Extending the Telecommunications Agreement with GoTo for up to four (4), additional one year 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.

Assistant City Manager Gallegos, Management Analyst Kevin Edwards, Management Analyst Jennifer Robles, and Intelesys President Rick Balzer provided a comprehensive background on the staff report and addressed questions from Council Members.

Council Member Steele moved, second by Mayor Moore to 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 one year 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-toexceed 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.

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

ADJOURNMENT
Mayor Moore adjourned the City Council meeting at 8:42 p.m. to Monday, June 26, 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 26, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment to Professional Services Agreement with Hodge and Associates
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7419 approving Amendment No. 2 to the Professional Services Agreement with Hodge and Associates extending the term until December 31, 2023.

BACKGROUND AND ANALYSIS:

In January 2022, the City entered into a Professional Services Agreement with Hodge and Associates to conduct an environmental analysis pursuant to the California Environmental Quality Act (CEQA) for a proposed project located at 1300 Pacific Coast Highway. While the majority of the work has been completed, additional time is needed to finish this project. Staff is requesting the Council extend the contract by six months, to expire December 31, 2023. No additional funding is requested, and all costs associated with this Agreement have been funded by the project applicant.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been approved 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 adopt Resolution 7419 approving Amendment No. 2 to the Professional Services Agreement with Hodge and Associates extending the term until December 31, 2023.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7419
B. Amendment No. 2 to the Professional Services Agreement with Hodge and Associates
C. Professional Services Agreement with Hodge and Associates RESOLUTION 7419

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT NO. 2 TO

THE PROFESSIONAL SERVICES AGREEMENT WITH

HODGE AND ASSOCIATES
WHEREAS, The City of Seal Beach (City) has determined that additional time is needed to complete a Negative Declaration in accordance with the California Environmental Quality Act (CEQA) evaluating a development project located at 1300 Pacific Coast Highway; and,
WHEREAS, Consultant is a highly qualified consulting firm, specializing in environmental planning and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to extend the Term of the Agreement to December 31, 2023, as provided herein.

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

Section 1. The City Council hereby approves to amend the Professional Services Agreement with Hodge and Associates as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, extending the end of the term from June 30, 2023 to December 31, 2023.

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 26th 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 7419 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of June, 2023
Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 2
for
Environmental Consulting Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Hodge & Associates
Environmental and Land Use Planning
3987 Missouri Flat Road, Suite 340, PMB 237
Placerville, CA 95667
This Amendment No. 2, dated June 26, 2023, amends that certain agreement (Agreement) made as of January 18, 2022 and amended as of January 9, 2023 by and between the City of Seal Beach (City), a California charter city, and Hodge & Associates (Consultant).
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RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides environmental consulting services related to a development project application.

B. City and Consultant wish to amend the Agreement for Consultant to extend services through December 31, 2023.

AMENDMENT NO.

NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows:

The term of this Agreement shall commence January
18, 2022 and shall remain in full force and effect until December 31, 2023, unless sooner terminated as
provided in Section 5.0 of this Agreement.

Section 2.

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 2, dated June 26, 2023, as if all of those terms are fully set forth therein.

Section 3. Except as expressly modified or supplemented by this Amendment No. , all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 2 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 2 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2.

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: Hodge and Associates
By: __________________________
Name:William E. Hodge
Its: Owner/Principal

PROFESSIONAL SERVICES AGREEMENT
for
Environmental Consulting Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Hodge & Associates
Environmental and Land Use Planning
1112 Wendy Big Bear City, CA 92315
P. O. Box 529, Fawnskin, CA 92333.
949) 614-6645
r
This Professional Service Agreement ( the "Agreement") is made as of January 18, 2022 the " Effective Date"), by and between Hodge and Associates, (" Consultant"), and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional environmental consulting services for preparation of an Initial Study and related environmental documents in accordance with the California Environmental Quality Act ( CEQA) to evaluate potential environmental effects of a development project located at 1300 Pacific Coast Highway and 328 13th Street, including a proposed amendment to the General Plan Land Use Designation from residential to commercial of a parcel at 328 13th Street, demolition of an existing service station and removal of underground storage tanks, and construction of a new service station and new storage tanks on the subject real property, as described below.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20. 025(C), City desires to engage Consultant to provide professional environmental consulting 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 fully qualified by virtue of their training, experience, and expertise to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant shall provide those environmental consulting services collectively " Services") for preparation of an Initial Study and related CEQA documentation as set forth in Consultant' s Proposal dated November 4, 2021, 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 2 of 23
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 accordance with such professional standards, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care.

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 in an amount not to exceed fifteen percent ( 15%) of the contract price set forth in Section 3. 1. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term
The term of this Agreement shall commence January 18, 2022 and shall remain in full force and effect until December 31, 2022, unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rate and fees shown on the fee schedule set forth on page 3 of Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not -to -exceed amount of $ 23, 850 ( twenty- three thousand eight hundred fifty dollars) for the Term, except as otherwise authorized pursuant to Section 3. 2 hereunder.

3. 2. Any additional work authorized by the City pursuant to Section 1. 6 will be compensated in accordance with the fee schedule set forth in Exhibit A.

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.
3 of 23

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.

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 reasonably 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. William E. Hodge is the Consultant' s primary representative for purposes of this Agreement. William E. Hodge 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: Hodge and Associates
P. O. Box 529
Fawnskin, CA 92333
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949) 614-6645
Attn: William E. Hodge

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 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, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant' s 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 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 as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer 5 of 23
available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 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.

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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, 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 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 Consultant' s violation of any provisions of this Section 9. 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. 6 of 23

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.

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. 7 of 23

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

12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a 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 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 8 of 23
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 13. 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 local, state and federal laws, industry safety orders and/ or health orders. Consultant' s obligations shall include but are not limited to, the requirement to comply with all applicable COVID- 19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/ or health orders issued by the County of Orange, City of Seal Beach, and/ or any other federal, state or local agency with jurisdiction over the City and/ or Consultant, during Consultant' s performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.

Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17. 0 Insurance

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

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

17. 2. 1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17. 2. 2. Automobile Liability Insurance: Consultant shall maintain limits no less than $ 1, 000, 000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto);

17. 2. 3. 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.

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

17. 4. Additional Insured.
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17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17. 4. 2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17. 4. 3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.

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

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

17. 7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 23

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 Subroqation. 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.

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. 12 of 23

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. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless 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 attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, 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 design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code § 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault. .

18. 2. Other Indemnitees.

18. 2. 1. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and payment of all consequential damages ( collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent caused by the acts or omissions of Consultant, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their 13 of 23
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 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, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. 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. 2. 2. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.

18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

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

18. 5. 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 14 of 23
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. 6. Survival of Terms. Consultant' s covenants under this Section 18. 0 shall survive the expiration or termination of this Agreement.

19. 0 Non -Discrimination and Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.

Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

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
If this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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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 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. 16 of 23

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, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection

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
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
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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, each party in such litigation shall bear its own attorneys' fees and other costs incurred in connection therewith.

34. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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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
LM
Attes
Approved as to Form:

By: _ ZA. teele, City Attorney
CONSULTANT:: Hodge and Associates
By: 464&=(;.- 75kcp
Name:William E. Hodge if
Its: Owner/ Principal
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.)
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EXHIBIT A
CONSULTANT' S PROPOSAL DATED NOVEMBER 4, 2021
Attached)
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HODGE & ASSOCIATES
Environmental and Land Use Planning
P. O. Box 529, Fawnskin, CA 92333
November 4, 2021
Mr, Art Bashmakian, AICP:
c/ o City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
SUBJECT: Proposed Replacement Service Station and Convenience Store at 1300 Pacific Coast Highway in the City of Seal Beach — Proposal for Environmental ( CEQA) Consultant Services.

Dear Mr. Bashmakian:

Hodge & Associates is pleased to submit to you this proposal for environmental consultant services for the above referenced project. Hodge & Associates provides professional planning services that emphasize personalized project management, quality work, and completion of work within an aggressive time frame and project budget.

Hodge & Associates possesses extensive experience in managing a wide variety of environmental and planning projects. Examples of our past work include a broad range of environmental documents on projects ranging from residential and commercial to public facilities and transportation projects. Our Statement of Qualifications is on file at the City. I have attached our current schedule of fees to this proposal. The following describes our understanding ofthe proposed project:

Proposed Project
The project consists of the demolition of an existing gas station at 1300 Pacific Coast Highway, including five gas pumps, a kiosk and two subsidiary structures. The existing underground storage tanks would be removed and any soil contamination would be remediated. The project also includes construction of a new gas station on the property with three replacement gas pumps, new underground storage tanks, and a 1, 200 square foot convenience store on an adjacent parcel. The project would include an amendment to change the General Plan Land Use Designation of the adjacent parcel at 328 13` h Street from residential to commercial to accommodate the new gas station.

Mr. Art Bashmakian
November 4, 2021
Page Two
This proposal assumes the project will comply with the California Environmental Quality Act with a determination that an Initial Study and a Mitigated Negative Declaration MND) will be prepared and processed for the project. The proposal contemplates the following environmental consultant services to be provided:

Proiect Scope
The following identifies the project scope of services to be provided by Hodge & Associates:

Preparation of an Initial Study/Mitigated Negative Declaration ( in Compliance with the California Environmental Quality Act — CEQA CEQA Guidelines) — Preliminary analysis, research and IS/ MND preparation.

Preparation of air quality, greenhouse gas and noise analysis by Giroux & Associates.

Consultation with City staff
Submittal of Draft IS/ MND to the State Clearinghouse and to the California Department of Fish & Wildlife specifically to request no effect determination.

Preparation of CEQA Public Notices ( includes CEQA notice and Notice of Determination)
Filing/Posting of Public Notices ( City Clerk & County Clerk) Preparation of Response to Comments ( assumes minimal public comments)
N
Posting of Notice of Determination following Public Hearings ( Does not include State Fish and Wildlife fee ifrequired).

Attendance at meetings with City staff (up to two meetings) Attendance at one ( 1) Public Hearing.

The CEQA document will address all topical areas with particular attention to aesthetics lighting, if proposed), air quality/ greenhouse gas, biological ( trees) resources, cultural resources, and land use. The analysis will rely upon project data and property information provided by the City and the applicant as well as the technical studies prepared as indicated in this proposal.

Technical Studies
This proposal includes preparation of technical studies for air quality, greenhouse gases and noise. All other studies and information that may be required will be provided to us for our use in preparation of the CEQA documentation ( i. e. traffic, geology, hydrology, lighting plan/photometric info, cultural, phase one, etc.). The following is a summary of the technical expertise that would be retained by Hodge & Associates:

Mr. Art Bashmakian
November 4, 2021
Page Three
Air Quality, Greenhouse Gases and Noise Assessments — Giroux & Associates will prepare an air quality study, greenhouse gases and noise analysis for the proposed project in compliance with State of California CEQA requirements. Giroux has extensive experience preparing air quality and noise assessments and has prepared studies for numerous projects located in Orange County, including Seal Beach.

Schedule
We are available to commence work immediately upon written authorization from you to proceed. The draft Initial Study/ Mitigated Negative Declaration would be prepared within three ( 3) weeks of receipt of technical studies required to complete the CEQA document. The air quality, greenhouse gas and noise studies should be completed within three ( 3) weeks of receipt of the project description approved by the City staff. The ability to meet this schedule will depend on response to requests for information and/ or material ( completion of technical studies). The CEQA ( IS/ MND) is subject to a minimum 30 -day public review period prior to project approval due to submission to the State Office of Planning and Research ( OPR).

Cost Estimate
Hodge & Associates proposal is for time and materials in accordance with the Schedule of Fees and general conditions of an executed project agreement. Reimbursable expenses such as printing, graphics, word processing, deliveries and auto mileage are billed at cost.

Our hourly billing rate for preparation and processing of the CEQA documentation is 145. 00 per hour. Our estimate for the total cost of services presented in this proposal is a not -to -exceed amount of 23 850. 00. This total amount includes our services in addition to $ 6, 850.00 in direct expenses ( technical studies) and estimated reimbursable expenses, such as printing and word processing. All invoices are to be paid within 30 - days of the invoice date.

Our scope of services and budget presented herein is valid until Februaryl, 2022. Please call me at ( 949) 614- 6645 if you have any questions and/ or would like to meet with me regarding this proposal. Should you concur with this proposal, our authorization to proceed as of a date certain can be memorialized by your direction and confirmation through e- mail to proceed with the project as directed by the City of Seal Beach.

Please call me at ( 949) 614- 6645 if you have any questions regarding this proposal.

Sincerely,
William E. Hodge

HODGE AND ASSOCIATES
Schedule of fees attached

HODGE & ASSOCIATES

SCHEDULE OF FEES & GENERAL CONDITIONS
2021
Billing rates are subject to revision effective January 1 of each year Staff Hourly Rates
Cheryle Hodge, CEO $ 165. 00
William Hodge, President $ 145. 00
Associate Planner $ 130. 00
Assistant Planner $ 120. 00
Graphics $ 80. 00
Word Processing/ Document Production $ 75. 00

GENERAL CONDITIONS

1. Hourly rates apply to work time as well as travel time which occur at public hearings and scheduled meetings.

2. Billing invoices will be submitted monthly for work in progress or upon completion of work. All invoices are payable within twenty- one ( 21) days of the invoice date. Any invoice unpaid after twenty- one ( 21) days will be subject to interest allowable by State law. If client fails to pay consultant within sixty ( 60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, and responsibilities of consultant under this agreement are suspended.

3. Client hereby agrees that the balance in a billing invoice is correct and binding unless the client notifies the consultant in writing within ten ( 10) days of the date of the billing and informs consultant of alleged incorrect billing.

4. Consultant makes no warranty as to his/her finding, except that the work is performed using generally accepted methods. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group.

5. All documents produced as a result of this agreement shall remain the property of the consultant and may not be used by the client without consent from the consultant unless they become part of the public record.

The client agrees to limit the consultant' s liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant' s fee.

7. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney' s fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled.

In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete.

Page 1 of 1 ends

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5 and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in 21 of 23
Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

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

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 22 of 23

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 23 of 23

THE HARTFORD

BUSINESS SERVICE CENTER
THE 36 3600 WISEMAN BLVD
HARTFORD SAN ANTONIO TX 78251
City of Seal Beach, CA
Art Bashmakian AICP, Interim Sr Planner
211 8TH ST
SEAL BEACH CA 90740
Account Information:

Policy Holder Details :

BILL HODGE DBA HODGE &

ASSOCIATES
December 15, 2021
Q
Contact Us
Business Service Center
Business Hours: Monday - Friday
7AM - 7PM Central Standard Time)
Phone: ( 866) 467- 8730
Fax: ( 888) 443- 6112
Email: aaencv. services cni thehartford. com
Website: https:// business. thehartford. com
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
WLTR005
rte

CERTIFICATE OF LIABILITY INSURANCE

DATE ( MMIDDNYYY)
12/ 15/ 2021

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT NAME:

ALKEME INSURANCE SERVICES INC
72180031
111 CORPORATE DRIVE SUITE 200
LADERA RANCH CA 92694

POLICY EXP

MMIDDNYYY)
PHONE ( 310) 463- 1296
A1C, No, Ext):

FAX ( 888) 817- 4450
AIC, No):

E- MAIL ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Sentinel Insurance Company Ltd. 11000
INSURED INSURERS:

BILL HODGE DBA HODGE & ASSOCIATES INSURER C:
3208 MURCHISON WAY
INSURER D :

CARMICHAEL CA 95608- 3141
INSURER E;
DAMAGE TO RENTED $ 1, 000, 000
PREMISES Ea occurrence
INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD

POLICY NUMBER

POLICY EFF
fMMIDDIYYYY1

POLICY EXP

MMIDDNYYY)
LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2, 000, 000 CLAIMS - MADE OCCUR DAMAGE TO RENTED $ 1, 000, 000
PREMISES Ea occurrence
MED EXP ( Any one person) $ X General Liability 10, 000 A X 72 SBA IT0951 03/ 06/ 2021 03/ 06/ 2022 PERSONAL & ADV INJURY $ 2, 000, 000 GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4, 000, 000

POLICY PRO LOC
JECT
PRODUCTS - COMPIOPAGG $ 4, 000, 000
OTHER:

AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT
Ea accident
ANY AUTO BODILY INJURY ( Per person)

ALL OWNED SCHEDULED

AUTOS AUTOS
BODILY INJURY ( Per accident)

HIRED NON - OWNED PROPERTY DAMAGE I
AUTOS AUTOS Per accident)
UMBRELLA LIAB F- FTc-c

EACH OCCURRENCE
AGGREGATE EXCESS LIAB FI CLAIMSMADE
ED I RETENTION $
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY STATUTE ER ANY YM E. L. EACH ACCIDENT

PROPRI ETORIPARTN ER/ EXEC UTIVE
OFFICERIMEMBER EXCLUDED?
NIA
E. L. DISEASE - EA EMPLOYEE
Mandatory In NH)
If yes, describe under E. L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insured' s Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy.
r` FRTIGIRATF HAI r1FR CANCFI 1 ATInN
City of Seal Beach, CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Art Bashmakian AICP, Interim Sr Planner BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 211 8TH ST IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE SEAL BEACH CA 90740
ACORD 25 ( 2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

PRODUCER COPY
U- 177 07/ 2019 Process Date: 11/ 03/ 2021
BREATHEINS SOLUTIONS 045483 - 27 MERCURY 28 ARGONAUT STE 100 INSURANCE COMPANY ALISO VIEJO, CA 92656 AUTOMOBILE POLICY DECLARATIONS
TELEPHONE:( 949) 215- 5431 IMPORTANT COVERAGE EXCLUSION POLICY NUMBER POLICY PERIOD APPLICABLE TO ALL COVERAGES, INCLUDING BUT NOT.'LIMITED TO; LIABILITY AND UNINSURED MOTORISTS, PROVIDED NOW OR LATER.
0401 27 200111328 FRosf 12! 04/ 2021 1zm1A To 12104/ 2022az: o, AM It is agreed thatthe insurance afforded by this policy, shall not appply nor accrue to the benefit of any, insured or any third party, clalmant when any motor vehicle is being used or

PERSONS INSURED

NAMED INSURED
CHERYLE HODGE operated by a person. listed belowregardless of where the person resides. or whether the person is licensed to drive.

DRIVERS

CHERYLE HODGE

BILL HODGE

ALLYSON HODGE

WILLIAM H HODGE
MAILING 3208 MURCHISON WAY
ADDRESS CARMICHAEL, CA 95608- 3141
CAR YEAR VEHICLE DESCRIPTION SERIAL. NUMBER COSTOR VALUE I NEWIUSED1 PURCH. DATE I HIP./ CID 1 1993 VOLVO 240 WAG 4DR YV1AW8319P1941807 N 03/ 1993
2 2003 HONDA ACCORD EX SED 4DR 1 HGCM66533AO85309 U 05/2016 3 2017 TOYOTA CAMRY LE/XLE/ SE/ SED 4DR 4T1 BFI FK1 HU351439 U 01/ 2020 CAR PRL LA LOSS PAYEES ( LP). ADDITIONAL INTERESTS( AI); LOSS PAYEES AND ADDITIONAL INTERESTS( LA)„ GARAGING ADDRESSES ( GA) AND REGISTERED OWNERS( RO) OTHER THAN THOSE LISTED ABOVE 2 RO WILLIAM HODGE
Coverage applies only if premium charge is listed below. Coverage/ Limits are subject to all policy terms.

COVERAGES LIMITS OF. LIABILITY PREMIUMS; NON - FACTORY EQUIPMENT CAR2 CAR3
250, 000 EAcxPERsoN $ 500, 000 EACH
8B2 4141 316

PROPERTY

UNINSURED
BODILY

UNINSURED

PROPERTY

COLLISION

MEDICAL

LEASEILOAN

REPAIR OR
INJURY
EXPENSE $
DAMAGE

DEDUCTIBLE
DAMAGE

REPLACEMENT

MOTORISTS
MOTORISTS$
GAP
LIABILITY $

COVERAGE
LIABILITY $

LIABILITY
WAIVER
CAR
CAR
250,
30,
3,500
000
000

MAXIMUM
EACH
EACH
CAR
CAR

ACCIDENT
PERSON $ 60,
CAR
CAR
000 EACH ACCIDENT
758
102
20 404
70 6
380
84 ITEMS INSURANCE
HEREIN.

THE
CAR
DEDUCTIBLE.

ITEMS

INSURED

ITEMSINSURED
FOR

INSURED
EACH

ANDITEM
ARE

AMOUNTS ARE

SUBJECT
STATED
LIMIT
TO
O

COST COVERAGE
COMPREHENSIVE DEDUCTIBLE CAR $ CAR2 $ 500 CAR3 $ 500 34 22 CALIFORNIAASSE_ SNIENTS COLLISION DEDUCTIBLE CAR $ CAR2 $ 500 CAR3 $ 500 250 442 CAFRAUDFEE 5, 28

ROADSIDE ASSISTANCE EACH

CAR CAR CAR

OCCURRENCE

CIGAFEE
RENTAL CAR BENEFIT $ 30 PER DAY 30 DAYS 44 44 INTERVENOR FEE

ENDORSEMENTS ATTACHED TO THE POLICY PREMIUMS PER CAR
U- 10 12/ 2018 1762F -- 1-22-2F 1294

POLICY FEE
TOTAL PREMIUM 4,283. 28

IMPORTANT INFORMATION
EFFECTIVE 12/ 04/ 2021
The enclosed Auto Insurance Renewal Bill and the U251 IMPORTANT NOTICE are part of this policy. These specify the amount of your premium, your payment options,, any applicable fees, and, the due date.

Your automobile insurance expires and coverage ceases at 12: 01AM on 12/ 04/ 2021. Coverage under this policy will become effective provided you pay the premium and any applicable fees as indicated on the Auto Insurance Renewal Bill. If you have any questions, please contact your agent or broker at the phone number provided above.

The full pay or installment plan amount includes a prior balance due of $ 346. 48 PAY PLAN PAYMENT AMT = EE DUE DATE NEXT PAYMENT FEE DUE DATE Full Pay $ 4, 629. 76 NONE 12/ 03/ 2021
4 Pay $ 1, 427. 26 56. 00 12/ 03/ 2021 $ 1, 075. 50 $ 6. 00 02/ 04/ 2022 6 Pay $ 1, 070. 76 $ 6. 00 12/ 03/ 2021 5719. 00 $ 6. 00 01/ 16/ 2022 Same Pay - RCC $ 714. 76 $ 6. 00 12/ 03/ 2021 5362. 45 $ 6. 00 01/ 04/ 2022' Same Pay - EFT $ 710. 76 $ 2. 00 12/ 03/ 2021 $ 358. 45 $ 2. 00 01/ 04/ 2022 DVR. VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE VIOL. CODE VIOL. DATE 1 22356B 08/ 03/ 2012
2 22101. D 11/ 02/ 2010
3 ACC 12/ 09/ 2019
CAR OCC DRV RAT PRN' PTS SD GD' MIC MK. MDL SYL PD' CLASS MIL SALV USE ; MIL FIN FLG GRP CD MULTI DOB SR' GD AIL . AIT

DRV ' DRV PTS STD SYM SYM SYM SYM TYP RES POL CHG DRV' BRK DEV 1 11 3 101 00 N Y VL N4 W4 07 445 ES N WS 5 H 1996 N Y 1 0 2 1 4 00 N Y HD I AC 46 14 366 ES N WS 10 H 1991 N Y 1 1 3 3 1 2 00 N Y TY CM 44 11 1A6 ES N WS 5 I H 1951 N Y 1 1 3 UND: V. Sauceda AMOUNT DUE: $ 710. 76 DUE DATE: 12/ 03/ 2021 IMLULINGMATE: 11/ 04/ 2021

PRODUCER COPY
U- 177 07/ 2019 Process Date: 11/ 03/ 2021
f'`
1 ®

CERTIFICATE OF LIABILITY INSURANCE
DATE( MM/ DDrmrY)
12/ 15/ 2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER
HD) Heffernan Insurance Brokers
1350 Carlback Avenue
Walnut Creek CA 94596

CONTACT
NAME: Cora Lim

PHONE FAX
No, E:: 925- 934- 8500 Arc No): 925- 934- 8278
ADDRESS: CoraL@heffins. com
INSURERS AFFORDING COVERAGE NAIC #
License#: 0564249 INSURER A: Continental Casualty Company 20443 INSURED HODG& AS- 01 INSURER B:

Hodge & Associates
3208 Murchison Way
INSURERC:

Carmichael CA 95608 INSURERD:

INSURER E :

INSURER F:

COVERAGES CERTIFICATE NUMBER: 935637484 REVISION NUMBER:

INSR LTR OF INSURANCE ADINSD
SUER

POLICY NUMBER MM/

EFF MM/ POLICY DD EXP LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
DAMAE
CLAIMS - MADE 1- 1OCCURPREMISES Ea occuenc. S
MED EXP ( Any one person) $

PERSONAL& ADV INJURY S
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY
PRO- F JECT F] LOC PRODUCTS- COMP/ OP AGG S
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY ( Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) S
PROPERTY DAMAGE $
Per accident

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY
S

UMBRELLA LIAB HCLAIMS- MADE
OCCUR EACH OCCURRENCE $

AGGREGATE S, EXCESS LIAB

DED I I RETENTIONS

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E.L. EACH ACCIDENT S
OFFICER/ MEMBEREXCLUDED7 N/ A
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional bility EEH591862057 8/ 22/ 2019 8/ 22/ 2022 Per Claim $ 1, 000, 000 Aggregate $ 1, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) lha: IlZl lall3L 1 Ja:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Seal Beach
211 Eight Street AUTHORIZED REPRESENTATIVE
Seal Beach, CA 90740 / jh
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Agenda Item F

AGENDA STAFF REPORT
DATE: June 26, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving Amendment No. 4 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority and Budget Amendment 23-12-02 for the OCTA I-405
Improvement Project (CIP ST1809)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7420:

1. Approving Amendment No. 4 to Cooperative Agreement No. C-6-1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022, and Amendment No. 3 dated April 25, 2023 with Orange County Transportation Authority; and,

2. Authorizing the City Manager to execute Amendment No. 4 to Cooperative Agreement No C-6-1126; and,

3. Approving Budget Amendment 23-12-02 recognizing $200,000 from Orange County Transportation Authority for the I-405 Freeway Improvement Project.

BACKGROUND AND ANALYSIS:

On July 29, 2016, the City Council approved Cooperative Agreement No. C-6-1126 (Agreement) between Orange County Transportation Authority (OCTA) and the City of Seal Beach for the I-405 Improvement Project (Project). The Project will provide one additional general-purpose lane and two toll lanes in each direction between the westerly Orange County limits and the City of Costa Mesa.

The Agreement outlined the responsibilities of both the City and OCTA throughout the course of the project, and provides the financial mechanism for the City to receive reimbursement funds for staff time, consultant assistance, and pavement restoration upon completion. The Agreement further provided $120,600 in

Page 2 ends

reimbursement funds for City and consulting services for the duration of the Project, with amendment options if additional funds are necessary.

On June 11, 2019, the City entered into Amendment No. 1 to the Agreement with OCTA for an additional $250,000 for the total not-to-exceed amount of $370,600.

On January 21, 2022, the City entered into Amendment No. 2 to the Agreement for an additional $370,000 for the total not-to-exceed amount of $740,600 for the Project, and an extension in the agreement term to April 30, 2023.

On April 25, 2023, the City entered into Amendment No. 3 to the Agreement to extend the term of the Agreement to June 30, 2024 to cover for the remaining Project construction duration and project close out items.

As of March 31, 2023, the City had expended approximately $715,000 of reimbursable funds on the Project. These expenditures include costs associated with consultant plan checking and consulting services for the Project, City’s contract inspection services, staff time, and other necessary project costs.

A breakdown of the approximate expended funds as of March 31, 2023 is as follows:

Description Amount
Plan review and permit issuance $ 319,000
Project Inspection $ 187,000
Additional consultants as necessary $ 53,000
City Staff time $ 156,000
Estimated Project Expenditures $ 715,000
As the expenditures are reaching the Agreement allocated amounts, staff requested OCTA to provide an additional $200,000 of reimbursement funds to cover anticipated expenditures for the balance of the Project. On June 12, 2023, the OCTA Board of Directors approved the attached Amendment No. 4 providing the requested $200,000 funding.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Amendment No. 4 to a Cooperative agreement with Orange County Transportation Authority and will not have a significant effect on the environment.

Page 3 ends

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Under the Agreement, and as most recently amended by Amendment No. 3, OCTA will reimburse the City for Project-related expenditures up to a maximum of $740,600.

Budget Amendment 23-12-02 allocates an additional $200,000, for a total of $940,600 for the Project as follows.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7420:

1. Approving Amendment No. 4 to Cooperative Agreement No. C-6-1126 dated July 29, 2016, as previously amended by Amendment No. 1 dated June 11, 2019, Amendment No. 2 dated January 21, 2022 and Amendment No. 3 dated April 25, 2023 with Orange County Transportation Authority; and,

2. Authorizing the City Manager to execute Amendment No. 4 to Cooperative Agreement No C-6-1126; and,

3. Approving Budget Amendment 23-12-02 recognizing $200,000 from OCTA for the I-405 Freeway Improvement Project.

Budget Amendment: BA 23-12-02
217-500-0366-42400 Grant Reimbursement - I-405 Co-op $416,000 $616,000 $200,000 217-500-0366-59100 Transfer Out - CIP I-405 $0 $200,000 $200,000 301-000-0000-49100 Transfer In - CIP $4,308,725 $4,508,725 $200,000 301-500-0333-55000 Capital Projects $4,308,725 $4,508,725 $200,000 Account Description
Revised/Adopted
Budget
Proposed
Budget
Budget (Diff)
Amendment

Page 4 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E.

ATTACHMENTS:

A. Resolution 7420
B. Executed OCTA Cooperative Agreement No. C-6-1126
C. Amendment No. 1 to OCTA Agreement
D. Amendment No. 2 to OCTA Agreement
E. Amendment No. 3 to OCTA Agreement
F. Amendment No. 4 to OCTA Agreement
RESOLUTION 7420

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 4 TO THE COOPERATIVE
AGREEMENT NO. C-6-1126 WITH ORANGE COUNTY

TRANSPORTATION AUTHORITY AND APPROVING BUDGET
AMENDMENT 23-12-02 (CIP ST1809)
WHEREAS, Orange County Transportation Authority (OCTA), in cooperation and partnership with the California Department of Transportation (Caltrans), is proposing to reduce congestion and improve lane continuity through the I-405 corridor with improvements to mainline and interchanges on I-405 between State Route 73 and Interstate 605; and,
WHEREAS, OCTA, in cooperation and partnership with the Caltrans, entered into Cooperative Agreement No. C-6-1126 (“Agreement”), dated July 29, 2016, with the City of Seal Beach (City), defining the specific terms, conditions, and funding responsibilities between the OCTA and the City for a total not-to-exceed amount of $120,600; and,
WHEREAS, on June 11, 2019, the City and OCTA entered into Amendment No. 1 to the Agreement to increase compensation by $250,000 for the total not-toexceed amount of $370,600, and, WHEREAS, on January 21, 2022, the City and OCTA entered into Amendment No. 2 to the Agreement to increase compensation by $370,000 for the total not-toexceed amount of $740,600 and an extension of the term up to April 30, 2023; and WHEREAS, On April 25, 2023, the City and OCTA entered into Amendment No. 3 to the Agreement to extend the Agreement term to June 30, 2024; and, WHEREAS, the City and OCTA desire to increase the Agreement compensation limit.

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

Section 1. Approval and Authorization of Amendment No. 4 with Orange County Transportation Authority.

A. The City Council hereby approves that certain Amendment No. 4 dated June 12, 2023 (“Amendment No. 4”) to the Cooperative Agreement dated July 29, 2016 (“Agreement”), as previously amended by Amendment No. 1 (“Amendment No. 1”) on June 11, 2019, Amendment No. 2 (“Amendment No. 2”) on January 21, 2022, and Amendment No. 3 on April 25, 2023 (“Amendment No. 3”), between the City of Seal Beach and OCTA for I-405 Improvement Project Consulting Services, to increase the Agreement’s compensation by $200,000 for additional services required in connection with Amendment No. 4 to the Agreement for a revised total contract amount not to exceed $940,600 for the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3, copies of which such Agreement and all Amendments are attached hereto and incorporated herein by this reference as though set forth in full.

B. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 4 to the Agreement.

Section 2. The Council hereby approves Budget Amendment No. 23-12-02 to modify the Fiscal Year 2022-23 budget for the Orange County Transportation Agency I-405 Freeway Improvement Project (CIP ST1809), as follows:

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th 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
Budget Amendment: BA 23-12-02
217-500-0366-42400 Grant Reimbursement - I-405 Co-op $416,000 $616,000 $200,000 217-500-0366-59100 Transfer Out - CIP I-405 $0 $200,000 $200,000 301-000-0000-49100 Transfer In - CIP $4,308,725 $4,508,725 $200,000 301-500-0333-55000 Capital Projects $4,308,725 $4,508,725 $200,000 Account Description
Revised/Adopted
Budget
Proposed
Budget
Budget (Diff)
Amendment
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 7420 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of June, 2023.

Gloria D. Harper, City Clerk

1 AMENDMENT NO. 1 TO
2 AGREEMENT NO. C- 6- 1126
3 BETWEEN
4 ORANGE COUNTY TRANSPORTATION AUTHORITY
5 AND
6 CITY OF SEAL BEACH
7 FOR
8 1- 405 IMPROVEMENT PROJECT
9 THIS AMENDMENT NO. 1, is effective this day of2019
10 (" Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, 11 P. O. Box 14184, Orange, California, a public corporation of the State of California ( hereinafter referred to 12 as " AUTHORITY"), and the City of Seal Beach, 211 Eighth Street, Seal Beach, California, 90740 a 13 municipal corporation duly organized and existing under the constitution and laws of the State of 14 California ( hereinafter referred to as " CITY"), each individually known as " Party", and collectively known 15 as " Parties".
16 WITNESSETH:
17 WHEREAS, by Agreement No C- 6- 1126 dated July 29, 2016, AUTHORITY and CITY entered 18 into a cooperative agreement, in cooperation and partnership with the California Department of 19 Transportation, herein referred to as " CALTRANS", for the specific terms, conditions, and funding 20 responsibilities between the AUTHORITY and CITY for improvements defined as adding one general 21 purpose lane from Euclid Street to Interstate 605 ( 1- 605), plus adding an additional median lane which will 22 be combined with the existing high- occupancy vehicle lane and operated as dual express lanes in each 23 direction of the Interstate 405 ( 1- 405) from State Route 73 ( SR- 73) to 1- 605, replacing and/ or widening 24 structures, and other additional geometric and interchange improvements, including improvements to 25 CITY- owned and operated streets, and traffic facilities hereafter referred to as CITY FACILITIES 26 potentially impacted by this project, all of which are hereafter referred to as " PROJECT'; and

Page 1 of 4 ends

1 2
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7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
LM AMENDMENT NO. 1 TO
AGREEMENT NO. C- 6- 1126
WHEREAS, the costs are anticipated to increase due to additional level of effort for CITY SERVICES not accounted for in the original Agreement. The original Agreement assumed a certain level of service, as related to improvements to CITY FACILITIES and negotiated the amount to reimburse CITY at that time. Since then, the level of effort for CITY SERVICES has increased and additional costs are needed during the implementation of the PROJECT; and WHEREAS, AUTHORITY and CITY have agreed to amend this Agreement, in the amount of Two Hundred Fifty Thousand Dollars ($ 250,000), to reimburse CITY for additional CITY SERVICES, as related to improvements to CITY FACILITIES, identified in the Agreement as:

Review and approval of plans, specifications, and other pertinent engineering plans, and reports, and for oversight construction inspection services Review and acceptance of Transportation Management Plan ( TMP) Traffic engineering
CITY police services, and;
WHEREAS, the AUTHORITY' s Board of Directors approved this Amendment No. 1 on the 8 day of / 2019; and
WHEREAS, the CITY' s Council approved this Amendment No. 1 on the ZZ' z day of v, k 2019.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and CITY that Agreement No. C- 6- 1126 is hereby amended in the following particulars only:

1. Amend ARTICLE 3. RESPONSIBILITY OF AUTHORITY, as follows:
a) Page 5 of 18, paragraph EE: to delete in its entirety and, in lieu thereof, insert:

EE. To reimburse CITY for combined costs identified as " CITY SERVICES", and in accordance with the attached REVISED SCHEDULE A, " REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES."

Page 2 of 4 ends

1 2
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5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
AMENDMENT NO. 1 TO
AGREEMENT NO. C- 6- 1126
b) Page 5 of 18, paragraph GG: to delete in its entirety and, in lieu thereof, insert:

GG. AUTHORITY' s reimbursement for CITY SERVICES will not exceed the combined maximum amount shown on REVISED SCHEDULE A."

2. Amend ARTICLE 7. MAXIMUM OBLIGATION, page 13 of 18, to delete in its entirety and, in lieu thereof, insert: " Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY' s maximum cumulative payment obligation hereunder shall be " Three Hundred Seventy Thousand Six Hundred Dollars ($ 370, 600) unless agreed to and amended by both Parties. In the event it is determined that pavement mitigation is required, AUTHORITY' s maximum cumulative obligation for pavement mitigation shall be addressed in a future amendment to this Agreement."

Page 3 of 4 ends

ATTACHMENT D

REVISED SCHEDULE A

REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES

CITY OF SEAL BEACH
Item Maximum
No. Description of City Services Reimbursement
Amount'
1 Review and approval of plans, specifications, and other pertinent engineering plans and reports, Traffic Management Plan review and 245, 900
concurrence, and construction oversight inspection services related to CITY FACILITIES.
2 Traffic engineering 47, 600
3 Police services ( including overtime costs) 77, 100
4 Pavement rehabilitation ( if applicable) TBD2
TOTAL MAXIMUM REIMBURSEMENT 370, 600
1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this cooperative agreement, the CITY may redistribute funds for items of work as needed; however, the total amount of CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein.
2) In the event it is determined that pavement mitigation is required, this amount will be determined after the contractor is hired by the Orange County Transportation Authority, and shall be reimbursed as a one- time lump sum amount upon execution of an amendment to this cooperative agreement.

Ln AMENDMENT NO. 1 TO
AGREEMENT NO. C- 6- 1126
The balance of Agreement C- 6- 1126 remains unchanged.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C- 6- 1126 to be executed on the date first above written.

CITY OF SEACH BEACH ORANGE COUNTY TRAWORTATION AUTHORITY By:

Thomas Moore
Mayor
Date:

ATTEST:

By: / l/
Darrell E. J son
Chief Exec / iv -e Officer
Date:

APPROVED AS TO FORM:

By: ,
Gloria Harp 9
yI
Date:

City Clerk /
2 Date:

General
mes .
s
Counsel
D
l
APPROVAL RECOMMENDED APPROVA RECO ENDED:

By: By:

St a Myrter, P. E. eaZtiveG. Beil, P. E.

Public Works Director Director Capital Programs
Date:

APPRO D S F .

By: 77//" V /--
7r
Craig Steele
City Attorney
Date: b
Date:

Z "
1 Attachment:

Revised Schedule A - Maximum Reimbursement Schedule for Combined City Services, City of Seal Beach

Page 4 of 4 ends

Distributed 1/21/2022
Accounting
CAMM
FPA
PM D Mak, D Bui, S Grish
Vendor P
CAMM R Hashem
21st January

25th April 23

12th June

AMENDMENT NO. 4 TO
COOPERATIVE AGREEMENT NO. C-6-1126

REVISED SCHEULE A

REIMBURSMENT SCHEDULE FOR COMBINED CITY SERVICES

CITY OF SEAL BEACH
(1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this Agreement, the CITY may redistribute funds for items of work as needed; however, the total amount for CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein. (2) In the event it is determined that pavement mitigation is required, this amount will be determined after CONTRACTOR is hired by the Orange County Transportation Authority and shall be reimbursed as a one-time, lump sum amount upon execution of an amendment to this cooperative agreement.

Item
No.

Reimbursement Description
Maximum
Reimbursement
Amount¹
1 Review and approval of plans, specifications, and other pertinent engineering plans and reports, Traffic Management Plan (TMP) review and concurrence, and construction oversight inspection services related to CITY FACILITIES.
$741,900
2 Traffic engineering and detour inspection $103,100
3 Police services (including overtime costs) $95,600
4 Pavement rehabilitation (if applicable) $TBD²
TOTAL MAXIMUM REIMBURSEMENT $940,600
Agenda Item G

AGENDA STAFF REPORT
DATE: June 26, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Approval of Contract for Acceptance and Use of Permanent Local Housing Allocation Funds to Assist the Leisure World Bathroom Accessibility Program
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7421:

1. Authorizing the City Manager to enter into a contractual agreement with the County of Orange to receive $76,396 in Permanent Local Housing Allocation (PLHA) funds for the Leisure World Bathroom Accessibility Program; and,

2. Approving Budget Amendment No. 23-12-03 in the amount of $76,396.

BACKGROUND AND ANALYSIS:

Pursuant to Senate Bill 2 (2017) the Building Housing and Jobs Act, California Department of Housing and Community Development annually awards the County of Orange Permanent Local Housing Allocation (PLHA) funding. These funds must be used to increase or improve the supply of affordable housing in communities.

In 2021, the City of Seal Beach worked with the County to designate local use of PLHA funds to augment the Leisure World Bathroom Accessibility program for qualified households. The Leisure World Bathroom Accessibility Program has historically been funded exclusively from the City’s allocation of Community Development Block Grant (CDBG) funds. The program is in high demand with all funding being fully expended each year.

This year, the City’s allocation of PLHA funds is $76,396, which will facilitate approximately 15 bathroom accessibility modifications in Fiscal Year 2023-24. For the past several years, CivicStone has assisted the City of Seal Beach in administering this Program. The support and assistance provided by CivicStone has made a positive difference in promoting the Program, timely processing of applications, and administering the bathroom rehabilitation work performed. This additional work is not represented in the current contract with CivicStone, which is

Page 2 ends

estimated to cost an additional $22,000. Therefore, an amendment to the existing contract will be brought to the City Council for approval once the PHLA grant funding is secured.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report and approved it as to form.

FINANCIAL IMPACT:

The City Council must approve Budget Amendment No. 23-12-03 to incorporate the award and authorize the expenditure of the PHLA grant funds.

Description Account Revised/
Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Grant
Reimbursement
PLHA
215-300-0036-42400 $ - $ 76,396 $ 76,396
Contract
Professional –
PLHA
215-300-0036-51280 $ - $ 76,396 $ 76,396
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7421:

2. Approving Budget Amendment No. 23-12-03 in the amount of $76,396.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7421
B. Contract Between the County of Orange and City of Seal Beach RESOLUTION 7421

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

AND AUTHORIZING THE CITY MANAGER TO ACCEPT AND USE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS
WHEREAS, the California Department of Housing and Community Development awarded Permanent Local Housing Allocation (PLHA) funding to the County of Orange pursuant to Senate Bill 2 (2017), the Building Homes and Jobs Act; and, WHEREAS, the County of Orange has identified that the City of Seal Beach is to receive $76,396 in PLHA funds for Fiscal Year 2023-24; and, WHEREAS, it has been identified that the exiting Leisure World Bathroom Accessibility Program (“Program”) is an eligible program for use of PLHA funds and the Program is in need of additional funding due to high demand for these improvements.

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

Section 1. The City Council hereby approves the agreement with the County of Orange for the acceptance and use of $76,396 in Permanent Local Housing Allocation funds to be used for the Leisure World Bathroom Accessibility Program.

Section 2. The City Council hereby authorizes and directs the City Manager to take all necessary steps to execute the agreement and implement use of PLHA funding.

PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th 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 7421 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 26th day of June, 2023.

Gloria D. Harper, City Clerk
County of Orange Page 1 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
CONTRACT # 012-23011541
FOR

OWNER-OCCUPIED ACCESSIBILITY MODIFICATIONS PROGRAM

BETWEEN

COUNTY OF ORANGE
AND

CITY OF SEAL BEACH
CFDA# FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY

14.218 Permanent Local Housing
Allocation (PLHA)/Low Income
Senior Accessibility
Modifications
State of California
Department of Housing and
Community Development
County of Orange Page 2 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
Table of Contents
RECITALS.............................................................................................................................................. 6 General Terms and Conditions:............................................................................................................ 8 A. Governing Law and Venue: ........................................................................................... 8 B. Entire Contract: ............................................................................................................ 8 C. Amendments: ................................................................................................................ 8 D. Intentionally left blank................................................................................................... 8 E. Delivery:........................................................................................................................ 8 F. Acceptance Payment:..................................................................................................... 8 G. Intentionally left blank: ................................................................................................. 8 H. Patent/Copyright Materials/Proprietary Infringement: .................................................. 8 I. Assignment:................................................................................................................... 9 J. Non-Discrimination:...................................................................................................... 9 K. Termination: ................................................................................................................. 9 L. Consent to Breach Not Waiver:...................................................................................... 9 M. Independent Subrecipient:............................................................................................. 9 N. Performance Warranty: ................................................................................................ 9 O. Insurance Requirements:............................................................................................. 10 P. Changes: ..................................................................................................................... 13 Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest:............ 13 R. Force Majeure:............................................................................................................ 14 S. Confidentiality: ........................................................................................................... 14 T. Compliance with Laws:................................................................................................ 14 U. Intentionally left blank................................................................................................. 14 V. Severability: ................................................................................................................ 14 W. Attorney Fees: ............................................................................................................. 15 X. Interpretation:............................................................................................................. 15 Y. Employee Eligibility Verification: ................................................................................ 15 Z. Indemnification:.......................................................................................................... 15 AA. Audits/Inspections:...................................................................................................... 15 BB. Contingency of Funds:................................................................................................. 16 CC. Expenditure Limit:...................................................................................................... 16 Additional Terms and Conditions:...................................................................................................... 17

1. Scope of Contract: ....................................................................................................... 17

2. Term of Contract......................................................................................................... 17 County of Orange Page 3 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541

3. Renewal: ..................................................................................................................... 17

4. Maximum Obligation: ................................................................................................. 17

5. Amendments - Changes/Extra Work:........................................................................... 17

6. Breach of Contract: ..................................................................................................... 17

7. Conditions Affecting Work:......................................................................................... 18

8. Civil Rights: ................................................................................................................ 18

9. Conflict of Interest – Subrecipient’s Personnel:............................................................ 18

10. Conflict of Interest – County Personnel:....................................................................... 18

11. Consulting Contract – Follow-On Work:...................................................................... 18

12. Project Manager, County: ........................................................................................... 18

13. Subrecipient’s Project Manager and Key Personnel:.................................................... 19

14. Subrecipient Personnel – Reference Checks: ................................................................ 19

15. Data – Title To............................................................................................................. 19

16. Licenses....................................................................................................................... 19

17. Disputes – Contract: .................................................................................................... 20

18. EDD Independent Subrecipient Reporting Requirements:............................................ 20

19. Emergency/Declared Disaster Requirements:............................................................... 21

20. Errors and Omissions:................................................................................................. 21

21. Non-Supplantation of Funds:....................................................................................... 21

22. Satisfactory Work........................................................................................................ 22

23. Access and Records: .................................................................................................... 22

24. Signature in Counterparts ........................................................................................... 22

25. Reports/Meetings......................................................................................................... 22

26. Subcontracting:........................................................................................................... 23

27. Equal Employment Opportunity:................................................................................. 23

28. Gratuities.................................................................................................................... 23

29. News/Information Release: .......................................................................................... 24

30. Notices......................................................................................................................... 24

31. Ownership of Documents............................................................................................. 24

32. Precedence: ................................................................................................................. 24

33. Termination – Orderly: ............................................................................................... 25

34. County Branding Requirements – Publicity, Literature, Advertisement and Social Media:
…................................................................................................................................ 25 Program Specific Terms and Conditions:.......................................................................................... 27

35. Debarment: ................................................................................................................. 27 County of Orange Page 4 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541

36. Lobbying:.................................................................................................................... 27

37. Fraud:......................................................................................................................... 27

38. Fiscal Accountability: .................................................................................................. 27

39. Performance Standards:.............................................................................................. 28

40. Budget Schedule:. ........................................................................................................ 28

41. Payment Requirements:............................................................................................... 28

42. Modification of Budget:. .............................................................................................. 30

43. Annual Audit: ............................................................................................................ 30

44. UEI and D-U-N-S Number and Related Information:................................................... 31

45. Program Income:......................................................................................................... 31

46. Performance:............................................................................................................... 32

47. Performance Monitoring: ............................................................................................ 32

48. Federal Administrative and Related Requirements:. .................................................... 33

49. Definitions:.................................................................................................................... 41 Signature Page ...................................................................................................................................... 44 County of Orange Page 5 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541

ATTACHMENTS
Attachment A - Scope of Services
Attachment B - Payment/Compensation
Attachment C - Budget Schedule
Attachment D - Staffing Plan
Attachment E - Performance Standards
Attachment F - State of California – Department of General Services Standard Agreement (STD 213) and Exhibits A, B, C, D, and E thereto

EXHIBITS
Exhibit 1– OC Community Resources Contract Reimbursement Policy Exhibit 2 – Drug Free Workplace Certification
Exhibit 3 – Debarment and Suspension Certificate
Exhibit 4 – Disclosure Form to Report Lobbying
Exhibit 5 – Certification Regarding Lobbying
County of Orange Page 6 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
Contract # 012-23011541
with
City of Seal Beach
for
Owner-Occupied Accessibility Modification Program
This Contract # 012-23011541 for Owner-Occupied Accessibility Modification Program (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California; hereinafter referred to as “County” and City of Seal Beach, D-U-N-S # 060752607 and Unique Entity ID # J2JWJVWQ8EA6, a California Municipality, with a place of business at 211 Eighth Street, Seal Beach, CA 90740 (hereinafter referred to as “Subrecipient”), with County and Subrecipient sometimes referred to as “party” or collectively as “parties”.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Services
Attachment B – Payment/Compensation
Attachment C – Budget Schedule
Attachment D – Staffing Plan
Attachment E - Performance Standards
Attachment F - State of California – Department of General Services Standard Agreement (STD 213) and Exhibits A, B, C, D, and E thereto

RECITALS
WHEREAS, Subrecipient and County are entering into this Contract for Owner-Occupied Accessibility Modification Program under a cost reimbursement Contract; and WHEREAS, Subrecipient agrees to provide Owner-Occupied Accessibility Modification Program to the County as further set forth in the Scope of Service, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and
WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as Attachment D; and
County of Orange Page 7 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in attached hereto as Attachment E; and
WHEREAS, Subrecipient agrees to meet the State of California – Department of General Services Standard Agreement (STD 213) requirements set forth in attached hereto as Attachment F; and NOW, THEREFORE, the Parties mutually agree as follows:

County of Orange Page 8 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541

ARTICLES
General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Contract Administrator.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

D. Intentionally left blank
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed Scope of Services. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Subrecipient’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.

F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

G. Intentionally left blank:

H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in County of Orange Page 9 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Subrecipient. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

M. Independent Subrecipient: Subrecipient shall be considered an independent contractor and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County.

N. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors.

County of Orange Page 10 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
O. Insurance Requirements:

Prior to the provision of services under this Contract, the Contractor agrees to carry all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with.

Contractor agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor.

Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Contractor. If Contractor is self-insured, Contractor will indemnify the County for any and all claims resulting or arising from Contractor’s services in accordance with the indemnity provision stated in this contract.

If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, CEO/ Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate
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Automobile Liability including coverage $1,000,000 per occurrence for owned, non-owned and hired vehicles
Workers Compensation Statutory
Employers Liability Insurance $1,000,000 per accident or disease Network Security & Privacy $1,000,000 per claims-made
Liability
Professional Liability $1,000,000 per claims-made or
occurrence
$1,000,000 aggregate
Sexual Misconduct $1,000,000 per occurrence
Employee Dishonesty $100,000 per occurrence
Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage.

Required Coverage Forms
The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract.
2) A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor’s insurance is primary, and any insurance or selfinsurance maintained by the County shall be excess and non-contributing.

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The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents or provide blanket coverage, which will state As Required by Written Contract.

The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds for its vicarious liability. 2) A primary and non-contributory endorsement evidencing that the Contractor’s insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing.

All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.

The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance.

Contractor shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

If Contractor’s Professional Liability, and/or Network Security & Privacy Liability are “Claims-Made” policy(ies), Contractor shall agree to the following:
1) The retroactive date must be shown and must be before the date of the Contract or the beginning of the Contract services.
2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Contractor must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract.

The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).

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Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.

County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

P. Changes: Subrecipient shall make no changes in the work or perform any additional work without the County’s specific written approval.

Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest:

Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other instruments of transfer to assume Subrecipient’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.

County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract.

In addition, Contractor has the duty to notify the County in writing of any change in the Contractor’s status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor’s performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting County of Orange Page 14 of 44 City of Seal Beach
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from the County any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County.

The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties.

R. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies.

S. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and Countyrelated records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient’s staff, agents and employees.

T. Compliance with Laws and State of California – Department of General Services Standard Agreement (STD 213): Subrecipient represents and warrants that services to be provided under this Contract shall fully comply, at Subrecipient’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient agrees to perform its obligations under this Contract in a manner consistent with State of California – Department of General Services Standard Agreement (STD 213) and Exhibits A, B, C, D, and E thereto (“State PLHA Agreement”) and, to the extent applicable , comply with the obligations in the State PLHA Agreement. The State PLHA Agreement is attached to this Contract as Attachment F and the terms of the State PLHA Agreement are made applicable to Subrecipient and incorporated herein by this reference. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees (defined below) harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws and/or the State PLHA Agreement.

U. Intentionally left blank
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions County of Orange Page 15 of 44 City of Seal Beach
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hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.

X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.

Y. Employee Eligibility Verification: The Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Subrecipientshall retain all such documentation for all covered employees for the period prescribed by the law. The Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, and its County Indemnitees, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Subrecipient or the County or County Indemnitees, any combination of the three in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

Z. Indemnification: Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract.

If judgment is entered against Subrecipient and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

AA. Audits/Inspections: Subrecipient agrees to permit the County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, County of Orange Page 16 of 44 City of Seal Beach
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reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.

The County reserves the right to audit and verify the Subrecipient’s records before final payment is made.

Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Subrecipient cease to exist as a legal entity, the Subrecipient’s records pertaining to this Contract shall be forwarded to the County’s Project Manager.

BB. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by, the State of California Department of Housing and Community Development (HCD) to County; receipt of funds from the Department of Housing and Urban Development (“HUD”), and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

CC. Expenditure Limit: The Subrecipient shall notify the County of Orange assigned Contract Administrator in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a written and approved change order to cover those costs has been issued. Board of Supervisor approval may be required.

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Additional Terms and Conditions:

Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure from Subrecipient the Owner-Occupied Accessibility Modification Program and related services, as described herein, and further detailed in the Scope of Services (“Attachment A”) which is incorporated herein by this reference.

1. Term of Contract: This Contract shall commence upon execution by both Parties and continue through June 30, 2024 from Contract execution date, unless otherwise terminated by the County.

2. Renewal: This Contract may be renewed for three additional one-year terms.

3. Maximum Obligation:

The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $76,396, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the Budget Schedule, identified and incorporated herein by this reference as Attachment “C”.

4. Amendments - Changes/Extra Work: The Subrecipient shall make no changes to this Contract without the County’s written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient’s concurrence, to make changes at any time without changing the scope or price of the Contract.

If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract.

5. Breach of Contract: The failure of the Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Subrecipient for and during the period in which the Subrecipient is in breach; and
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Offset against any monies billed by the Subrecipient but yet unpaid by the County those monies disallowed pursuant to the above.

6. Conditions Affecting Work:

The Subrecipient shall be responsible for taking all steps reasonably necessary, to ascertain the nature and location of the work to be performed under this Contract; and to know the general conditions which can affect the work or the cost thereof. Any failure by the Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

7. Civil Rights: Subrecipient attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

8. Conflict of Interest – Subrecipient’s Personnel: The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Subrecipient; the Subrecipient’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Subrecipient’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

9. Conflict of Interest – County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose.

10. Consulting Contract – Follow-On Work:

No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract.

11. Project Manager, County:

The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient.

The County’s Project Manager, in consultation and agreement with the County, shall have the right to require the removal and replacement of the Subrecipient’s Project Manager and key County of Orange Page 19 of 44 City of Seal Beach
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personnel. The County’s Project Manager shall notify the Subrecipient in writing of such action.

The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager and key personnel.

Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract.

12. Subrecipient’s Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct the Subrecipient’s efforts in fulfilling Subrecipient’s obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County’s Project Manager, which consent shall not be unreasonably withheld.

The Subrecipient’s Project Manager, in consultation and agreement with County, shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Subrecipient’s Project Manager from providing services to the County under this Contract. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within five (5) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract.

13. Subrecipient Personnel – Reference Checks: The Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.

14. Data – Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Subrecipient in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Subrecipient after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

15. Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity.

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16. Disputes – Contract:

A. The parties shall deal in good faith and attempt to resolve potential disputes informally.

If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the County‘s Project Manager, such matter shall be brought to the attention of the Contract Administrator by way of the following process:

1. The Subrecipient shall submit to the agency/department assigned Contract Administrator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.

2. The Subrecipient’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Subrecipient believes the County is liable.

B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Subrecipient’s failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the Director. If the County fails to render a decision within 90 days after receipt of the Subrecipient’s demand, it shall be deemed a final decision adverse to the Subrecipient’s contentions. Nothing in this section shall be construed as affecting the County’s right to terminate the Contract for cause or termination for convenience as stated in Section K herein.

17. EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.

The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, Subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the State.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee County of Orange Page 21 of 44 City of Seal Beach
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of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment Development Department web site located at http://www.edd.ca.gov/Employer_Services.htm

18. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by the County, State or Federal government, this Contract may be subjected to unusual usage. The Subrecipient shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during nonemergency/disaster conditions. The pricing quoted by the Subrecipient shall apply to serving the County’s needs regardless of the circumstances. If the Subrecipient is unable to supply the goods/services under the terms of the Contract, then the Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from the Subrecipient’s supplier(s).

Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Subrecipient shall show both the emergency purchase order number and the Contract number.

19. Errors and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient’s reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient’s reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction.

20. Non-Supplantation of Funds:

Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this Contract with any funds made available under this Contract.

Subrecipient shall not claim reimbursement from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State, or County program without prior written approval from the County.

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21. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered.

22. Access and Records:

A. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient’s activities, books, documents and papers (including computer records and emails) and to records of Subrecipient’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Director which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained.

B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient’s office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or exceptions.

C. Liability. Subrecipient shall pay to County the full amount of County’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient’s failure to perform under this Contract.

23. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties.

24. Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The County’s Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to discuss the Subrecipient’s performance and progress under this Contract. If requested, the County of Orange Page 23 of 44 City of Seal Beach
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Subrecipient’s Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract.

25. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Subrecipient without the express written consent of the County. Any attempt by the Subrecipient to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract.

In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Subrecipient and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.

26. Equal Employment Opportunity: The Subrecipient shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of California regulations as may now exist or be amended in the future. The Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, the Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

27. Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County County of Orange Page 24 of 44 City of Seal Beach
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in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

28. News/Information Release: The Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County’s Project Manager.

29. Notices: Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the Parties routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual inperson delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

For County:

OC Community Resources OC Community Resources
Housing and Community Development Contract Development and Management Project Manager Contract Administrator
1501 East St. Andrew Place, 1st Floor 601 N. Ross St., 6th Floor Santa Ana, CA 92705-4930 Santa Ana, CA 92701
For Subrecipient:

City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Attn: Community Development Director

30. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County.

31. Precedence: The Contract documents consist of this Contract and its exhibits and attachments.

In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

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32. Termination – Orderly: After receipt of a termination notice from the County of Orange, the Subrecipient may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Subrecipient. Upon termination County agrees to pay the Subrecipient for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.

33. County Branding Requirements – Publicity, Literature, Advertisement and Social Media:

A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County’s name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County’s prior written consent is expressly prohibited.

B. Contractor may develop and publish information related to this Contract where all of the following conditions are satisfied:

1. Contract Administrator/assigned Deputy Purchasing Agent provides its written approval of the content and publication of the information at least 30 days prior to Contractor publishing the information, unless a different timeframe for approval is agreed upon by the Contract Administrator/assigned Deputy Purchasing Agent;

2. Unless directed otherwise by Contract Administrator/assigned Deputy Purchasing Agent, the information includes a statement that the program, wholly or in part, is funded through County, State and Federal government funds [funds identified as applicable];

3. The information does not give the appearance that the County, its officers, employees, or agencies endorse:
a. any commercial product or service; and,
b. any product or service provided by Contractor, unless approved in writing by Contract Administrator/assigned Deputy Purchasing Agent; and,

4. If Contractor uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Contractor shall develop social media policies and procedures and have them available to the Contract Administrator/assigned Deputy Purchasing Agent. Contractor shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies.

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THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
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Program Specific Terms and Conditions:

34. Debarment: Subrecipient certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part 98, a copy of Debarment and Suspension Certificate which is attached hereto as Exhibit 3 is incorporated herein by this reference.

35. Lobbying:

A. Subrecipient shall complete and immediately forward to the County the “Disclosure of Lobbying Activities,” a copy of which is attached hereto as Exhibit 4 and incorporated herein by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any federal/state office, employee, elected official or agency with respect to this Contract or funds to be received by subrecipient pursuant to this Contract.

B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law a copy of Certification Regarding Lobbying which is attached hereto as Exhibit 5 is incorporated herein by this reference

36. Fraud: Subrecipient shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County’s Anti-Fraud Program can be accessed through:
http://ocgov.com/gov/risk/programs/antifraud.

37. Fiscal Appropriations: This Contract is subject to and contingent upon available local, state, and/or federal funds and applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, the Contract will be terminated, without penalty to the County.

38. Fiscal Accountability:

A. Financial Management System: Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following:
i. Information pertaining to the line items as identified in Attachment C to this Contract; ii. Source documentation to support accounting records; and iii. Proper charging of costs and cost allocation.

B. Subrecipient’s Record: Subrecipient’s records shall be sufficient to:
i. Permit preparation of required reports;
ii. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; County of Orange Page 28 of 44 City of Seal Beach
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iii. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and iv. Permit tracking and reporting of leveraging as required.

C. Costs Charged: Cost shall be charged to this Contract only in accordance with the County and other requirements as required by funding source(s).

D. A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.

39. Performance Standards: Subrecipient shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by County for program evaluation and monitoring included, but not limited to those listed in the Attachment E-Performance Standards attached hereto and incorporated herein by reference.

40. Budget Schedule: Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the Budget Schedule, a copy of which is attached hereto as Attachment C, and which by this reference is incorporated herein and made a part hereof as if fully set forth.

41. Payment Requirements:

If funding levels are significantly affected by state or federal budget and funds are not allocated and available for the continuance of the function performed by Subrecipient, the Contract may be terminated by the County at the end of the period for which funds are available. The County shall notify Subrecipient at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and the County shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the County to expend or as involving the County in any Contract or other obligation for future payment of money in excess of appropriations authorized by law.

A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in Attachment B-Payment/Compensation to Subrecipient attached hereto and incorporated herein by reference.

B. County will reclaim any unused balance of funds for reallocation to other County approved projects upon approval by State HCD.

C. Payment of Project Activities:

1. Payment of Project Activities: County will reimburse Subrecipient for eligible project-related costs only. Subrecipient ,shall submit requests for reimbursement to County on a quarterly basis beginning the end of the first quarter after execution of the contract and must provide adequate documentation as required by County County of Orange Page 29 of 44 City of Seal Beach
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in accordance with the OC Community Resources Contract Reimbursement Policy, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County.

2. If Subrecipient has no request for reimbursement by a specific milestone, as specified in Attachment E , an explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement.

3. The following “Required Expenditure/Accomplishment Threshold” criteria have been established to guide the Subrecipient in structuring and scheduling their expenditure of funds received through this Contract, through the term of Contract.

The criteria thresholds are consistent with the criteria used by OC Community Resources to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding.
*Milestone Date Minimum Required Expenditure/Accomplishment Threshold December 31, 2023 50% of Contracted Amount Expended
March 31, 2024 80% of Contracted Amount Expended
Failure to achieve at least the aforementioned 50% drawdown, without extenuating circumstances, may cause any remaining balance in this Contract to be reclaimed by County, and will negatively affect future funding to Subrecipient.

Failure to achieve the aforementioned 80% drawdown goal, without written exception approved by the Director, may cause any remaining balance in this Contract to be reclaimed by County, and will impact future funding to Subrecipient.

4. At any time in advance of the expiration date, once Subrecipient has submitted reimbursement requests and received County approval for payment of the total amount of this contract, Subrecipient will have thirty (30) days to submit a close out report. Submission of quarterly reports will no longer be required.

5. At the expiration date, Subrecipient will have thirty (30) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period as well as a close out report.

After the thirty (30) day period for submitting invoices has expired, County shall reallocate the remaining balance under this Contract for other program purposes and Subrecipient shall be ineligible for any further reimbursement.

D. Funds shall not be disbursed for any costs incurred prior to the certification by County of Certificate(s) of Insurance as further defined in Paragraph O “Insurance Requirements” of this Contract.

E. Eligible costs related to services provided by Subrecipient must be incurred during the period beginning upon execution of the contract by both Parties. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2024.

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1. Contract Extension (No Cost Extension)
a. The term of this Contract and the provisions herein may be extended to cover an additional time period as specified herein.
b. The date for Project completion, the term of the Contract, and expenditure of all funds may be extended by the Director without further action by the Board as identified in County policy. Subrecipient must notify the Director in writing 45 days prior to the Contract expiration date to request an extension. For all extensions, the deadline for submittal of invoices shall be thirty (30) days after the new expiration date. c. Contract extension provisions are not applicable to program administration activities.

42. Modification of Budget: Upon written approval of County, Subrecipient shall have the authority to transfer allocated program funds from one category of the overall program Budget to another category of the overall Budget. No such transfer may be made without the express prior written approval of County. A modification of the Budget may include the addition of any new Budget category.

43. Annual Audit: If Subrecipient expends Federal/State funds in a fiscal year which equal or exceed $750,000 (seven hundred fifty thousand dollars) as specified in 2 CFR Part 200.500- Subpart F-Audit Requirements, Subrecipient shall cause an audit to be prepared by a Certified Public Accountant (“CPA”) who is a member in good standing with the American Institute of Certified Public Accountants (“AICPA”) of the California Society of CPA’s. The audit must be performed annually in accordance with Generally Accepted Auditing Standards (“GAAS”) authorized by the AICPA and Federal laws and regulations governing the programs in which it participates.

Furthermore, County retains the right to require Subrecipient to submit similarly prepared audit at Subrecipient’s expense even in instances when Subrecipient’s expenditure is less than $750,000. Subrecipient will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program.

Subrecipient will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit two (2) copies of such audit report, including a copy of the management letter, to County within six (6) months of the end of each Contract year in which Subrecipient has received federal/state funding (i.e., July 1 – June 30). Failure to meet this requirement may result in County denying reimbursement of funds to Subrecipient, as well as future funding qualification. Subrecipients, which are exempt from statutory audit requirements, shall maintain records, which are available for review by County, State or Federal officials.

Subrecipient acknowledges that any and all “Financial Statements” submitted to County pursuant to this Contract become public records and are subject to public inspection pursuant to the California Public Records Act (Section 6250 et seq. of the California Government).

If a financial audit is required by the County, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36.

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A. The Contractor shall notify the County of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers.

B. The Contractor is responsible for the completion of audits and all costs of preparing audits.

C. If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report.

44.Drug Free Workplace: Subrecipient shall execute and abide by the Drug Free Workplace Certification attached hereto as Exhibit 2 and incorporated herein by this reference.

45. UEI and D-U-N-S Numbers and Related Information: UEI and D-U-N-S Numbers: A unique, non-indicative 12-and 9 digit identifiers issued and maintained by SAM.gov and the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The UEI and D-U-N-S Numbers are needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov
The UEI and D-U-N-S Numbers must be provided to County prior to the execution of this Contract. Subrecipient shall ensure all UEI and D-U-N-S information is up to date and the UEI and D-U-N-S Numbers status is “active,” prior to execution of this Contract. If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.

If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accounting and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.

The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract.

46. Program Income:

A. Subrecipient shall comply with regulations, as well as all applicable State or County regulations concerning the reporting and payment procedures for program income.

B. Definition: “Program Income” means, as provided by 24 CFR § 570.504, gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period.

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C. Use: The Subrecipient shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Contract.

47. Performance:

A. Subrecipient shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Subrecipient also agrees to comply with all applicable Federal, State, and local laws and regulations governing the funds provided under this Contract.

B. The following “Performance Threshold” criteria shall be used to assess the level of performance of the Subrecipient, including Attachment A — Scope of Services, attached hereto and incorporated herein by reference. Furthermore, the criteria will be considered by OC Community Resources when determining future funding. In order to be considered in compliance with the performance threshold criteria, the Subrecipient must, on or before the required milestone date, submit to OC Community Resources a request for reimbursement which demonstrates that Subrecipient has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in writing by the County.

C. Should the activity being funded through this Contract be completed, cancelled or terminated prior to the termination date set forth herein in Paragraph 2 “Term of Contract,” or if funds allocated through this Contract are fully expended, prior to end of Contract term, Subrecipient must continue to serve its clients for the entire term of this Contract.

48. Performance Monitoring:

A. Performance Monitoring of Subrecipient by County, and/or State of California shall consist of requested and/or required written reporting, as well as onsite monitoring by County, or State of California representatives.

B. County shall periodically evaluate Subrecipient’s progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring. County shall report the findings of each monitoring to Subrecipient.

C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this Paragraph 47 of this Contract.

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49. Administrative and Related Requirements: Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code.

Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. Subrecipient acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.

A. Financial Management:

1. Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles:

The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,”) as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records required to determine the eligibility of activities; c. Records required to document the acquisition, improvement, use, and/or disposition of real property acquired or improved with PLHA assistance; d. Records documenting compliance with the fair housing and equal opportunity components in compliance with PLHA program and Health and Safety Code Section 35810; and
Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28.

2. Retention
Subrecipient shall retain all financial records, supporting documents, statistical County of Orange Page 34 of 44 City of Seal Beach
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records, and all other records pertinent to this Contract for a period of five (5) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HCD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

3. Client Data
a. Subrecipient shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit finding, whichever occurs later. Such data shall be consistent and include, but not limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc. or other third party documentation acceptable to County, for determining eligibility), and description of service provided. Such information shall be made available to HCD representatives, County monitors, or their designees, for review upon request.
b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.

4. Disclosure
Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

5. Close-Outs
Subrecipient’s obligation to County shall not end until all close-out requirements are completed. Activities during this close-out period shall be completed in accordance with federal and State regulations and shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of Paragraph 49, and documentation; disposing of program assets (including the return to County of all unused materials and equipment); and accounts receivable to County, and determining the custodianship of records.

Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that the Subrecipient has control over PLHA funds.

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C. Personnel & Participation Conditions

1. Civil Rights
Compliance
Subrecipient agrees to comply with California Civil Rights Act Ordinances and Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086.

2. Nondiscrimination in Employment and Contracting
Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Executive Order 11063. The applicable nondiscrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable.

3. Affirmative Action:

Subrecipient agrees that it shall be committed to carry out an Affirmative Action Program that encompasses that principals provided in President’s Executive Order 11246, as revised on January 4, 2002.

4. Americans with Disabilities Act:

Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.

5. Drug-Free Workplace:

The Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit 2, attached hereto and incorporated herein by reference. The Subrecipient will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
b. Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The Subrecipient’s policy of maintaining a drug free workplace; County of Orange Page 36 of 44 City of Seal Beach
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iii. Any available counseling, rehabilitation, and employee assistance programs; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(c) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and
ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and the Subrecipient may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:
iii. The Subrecipient has made false certification, or
iv. The Subrecipient violates the certification by failing to carry out the requirements as noted above.

6. Anti-Lobbying:

Subrecipient certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that:
a. No federal/state appropriated funds will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal/state contract, the making of any federal/state grant, the making of any Federal/State loan, the entering into of any Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and
b. Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including subsubcontracts, sub-subgrants, and contract under grants, loans, and Cooperative Agreements) and that all sub-Subrecipients shall certify and disclose accordingly.

7. Employment Restrictions:
a. Prohibited Activity:

Subrecipient is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities.
b. OSHA:

Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or County of Orange Page 37 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety. c. Employee Rights
i. Federal Minimum Wage
Subrecipient must follow the Fair Labor Standards Act (FLSA), as it currently exists and it may be amended, which sets basic minimum wage and overtime pay standards. These standards are enforced by The United States Department of Wage and Hour Division under Department’s Wage and Hour Division. The Federal minimum wage provisions are contained in the FLSA.

Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
d. California Minimum Wage
i. Subrecipient must follow the California enacted legislation signed by the Governor of California, raising the minimum wage for all industries (MW-2007). (AB 1835, CH230, Stats of 2006, adding sections 1182.12 and 1182.13 to the California Labor Code.) Pursuant to its authority under Labor Code section 1182.13, the Department of Industrial Relations amends and republishes Sections, 1, 2, 3, and 5 of the General Minimum Wage Order. MW2001, Section 4, Separability, has not been changed. Consistent with this enactment, amendments are made to the minimum wage, and the meals and lodging credits sections of all of the IWC’s industry and occupation orders. This summary must be made available to employees in accordance with the IWC’s wage orders.

Copies of the full text of the amended wage orders may be obtained by ordering on-line at www.dir.ca.gov/WP.asp or by contacting your local Division of Labor Standards Enforcement office. e. Hatch Act:

Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.
f. Religious Organization/Activities:

In accordance with 24 CFR 570.200(j), Subrecipient shall not discriminate against faith-based organizations in administering its federal HUD and state HCD activities. Subrecipient agrees that funds provided under this Contract will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization or to promote religious interest, or for the benefit of a religious organization.

8. Labor Standards
a. Subrecipient agrees to contact County no less than fourteen (14) days prior to the Pre-Construction Meeting date to seek consultation regarding County of Orange Page 38 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
application of requirements per federal labor standards regulations or Davis-Bacon related Acts.
b. Subrecipient will comply with Davis-Bacon Act and/or State Prevailing Wage requirements, when applicable.
c. Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Subrecipient shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to County for review upon request.
d. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is intended to relieve
e. Subrecipient of its obligation, if any, to require payment of the higher rate under state or local laws Subrecipient shall insert provisions meeting the requirements of this Paragraph in all such Contracts.

In cases where the Davis-Bacon Act applies, Subrecipient agrees to submit the Construction Bid Package for this project to County for modification, Subrecipient shall construct project in accordance with the approved Construction Bid Package.

9. California Labor Code Compliance
a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, improvements, or modifications to be completed for County under this Contract. Subrecipient herein agrees that Subrecipient shall post, or cause to be posted, a copy of the most current, applicable Prevailing Wage rates at the site where the construction, improvements, or modifications are performed.
b. Payroll Records
Subrecipient agrees that:

Certified copies of all payroll records for this project shall be required pursuant to the provisions of California Labor Code “Section 1776”. The reporting format and words of certification shall be as indicated in Title 8 of the California Code of Regulations, Section 16401.

Certified copies of the payroll records of all subcontractors working on this project are required. It shall be the responsibility of the prime contractor to ensure subcontractor compliance.

County of Orange Page 39 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
Certified copies of all payroll records shall be submitted on a weekly basis to County through the duration of this Contract.

Subrecipient acknowledges that failure to comply with Section 1776 may result in a forfeiture of one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, and it should be recognized that a contractor or subcontractor, or agent or representative thereof who neglects to comply is guilty of a misdemeanor pursuant to California Labor Code Section 1777.

10. Economic Opportunities
Compliance
Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract.

Subrecipient further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of County or Subrecipient, or any designated public agencies which are receiving funds under the PLHA Program.

11. Environmental Conditions:

Subrecipient shall comply with HUD Environmental Review under HUD regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no funds shall be disbursed prior to certification by County and/or HUD of environmental compliance.

Subrecipient shall incur no costs for any project-related activity defined in Subrecipient Scope of Services and County shall not disburse funds prior to certification by County and/or HUD for environmental compliance.

Subrecipient shall provide requested material to County for the Environmental Review process required by applicable regulations.
a. Air and Water:

Subrecipient agrees to comply with the following regulations in so far as they apply to the performance of this Contract:

Clean Air Act, 42 U.S.C., 1857, et seq.

Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50 and 40 CFR 58.
b. Flood Disaster Protection:

Subrecipient agrees to comply with the requirements of the Flood Disaster County of Orange Page 40 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
Protection Act of 1973, including as applicable any regulations set forth in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract. c. Lead-Based Paint:

Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, particularly, 24 CFR 35.100 through 35.175. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified with the “Protect Your Family From Lead In Your Home” publication, found at http://www.epa.gov/lead that such properties may include leadbased paint. d. Historic Preservation:

Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this Contract.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list.
e. Energy Efficiency Standards:

Subrecipient agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable.
f. Property Records:

Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and state regulations. g. Equipment:

Subrecipient shall use, manage and dispose of equipment in accordance with federal and state regulations.
h. Subcontracts:
i. Subrecipient acknowledges and agrees to only subcontract with licensed general contractors that are in good standing with the Contractor’s License Board and/or non-profit service providers that do not appear on the federal disbarment list.
ii. Subrecipient shall submit all subcontract agreements to County for review and consent at Subcontractor’s earliest convenience, or no later the first reimbursement request.. For construction subcontracts, Subrecipient shall submit the Construction Bid Package to County for review and written approval by Director or designee prior to advertising for bids and award for the County of Orange Page 41 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
construction contract. Subrecipient shall construct Project in accordance with the Construction Bid Package, which Director approved, unless prior written approval is received from Director for modification thereof.
iii. Subrecipient shall assume responsibility for all subcontracted services to assure Contract compliance.
iv. Subrecipient shall cause all of the provisions of this Contract in entirety to be included in and made a part of any subcontract executed in the performance of this Contract.
v. Subrecipient shall monitor all subcontracted services on a quarterly basis to assure Contract compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow-up actions(s) to correct any area(s) of Contract non-compliance. Documentation shall be made available for periodic monitoring by representatives of County and/or HCD.
i. Fair Housing:

Subrecipient shall affirmatively further fair housing in accordance with 24 CFR 570. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The Subrecipient has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, along with all applicable State & Federal requirements.
j. Grantor Recognition:

Subrecipient shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source.

In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Subrecipient will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of County or HCD.
k. Rehabilitation Act:

Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. County shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract.

49. Definitions:

For the purposes of this Contract the following definitions shall apply:

County of Orange Page 42 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
A. OC Community Resources (OCCR): Designated as the Lead for the administration of County of Orange’s Permanent Local Housing Allocation 5-Year Plan.

B. Director: Director of OC Community Resources, or designee.

C. OC Community Resources Contract Reimbursement Policy: A County document setting policies regarding types of documentation required to support the costs incurred and paid (including but not limited to copies of paid invoices, certified payroll registers, bank statements, etc.)
D. Permanent Local Housing Allocation (PLHA) Program: This Program that provides a permanent source of funding to all local governments in California to help cities and counties implement plans to increase the affordable housing stock. Funding for the Program comes from the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California.

E. Project: Any site or sites, including buildings, and/or activities assisted with PLHA program funds.

F. OMB: Federal Office of Management and Budget.

G. Continuum of Care: An Orange County group composed of representatives of relevant organizations that serve homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of services to address the various needs of homeless persons and persons at risk of homelessness.

H. Homeless Management Information System (HMIS): The information system designated by the Continuum of Care to comply with HUD’s data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. (24 CFR Part 580)
I. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

J. PLHA 5-Year Plan Amendment: The following criteria will be used by the County – if any one criteria applies, a substantial amendment will be required:
i. A new activity not previously listed and described in the PLHA 5-Year Plan/ PLHA Application;
ii. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, or beneficiaries differ significantly from the original activity’s purpose, scope, or beneficiaries and change is contract amount of more than 10% of the total PLHA budget; and/or
iii. An increase in the amount of Federal Community Planning Development and/or local funds allocated to an existing activity when the following apply:

County of Orange Page 43 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
a. An increase in funding for a public service activity in an amount that is consistent with County policy; or
b. An increase in the funding for public facility
improvements/housing rehabilitation in an amount that is consistent with County policy.

K. Construction Bid Package: A package of bidding documents which includes the proposal, bidding instructions, Contract documents, detailed estimated costs, and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations.

L. Program Administration: An activity relating to the general management, oversight and coordination of community development programs. Costs directly related to carrying out eligible activities are not included.

THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK
County of Orange Page 44 of 44 City of Seal Beach
OC Community Resources Contract # 012-23011541
Signature Page
IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms and conditions contained herein and have hereby cause this Contract to be executed. *City of Seal Beach
By: By:

Name: Name:

Title: Title:

Dated: Dated:
*For Subrecipients that are corporations, signature requirements are as follows: 1) One signature by the Chairman of the Board, the President or any Vice President; and 2) One signature by the secretary, any Assistant secretary, the Chief Financial Officer or an Assistant Treasurer.

For Subrecipients that are not corporations, the person who has authority to bind the Subrecipient to a contract, must sign on one of the lines above.
************************************************************

COUNTY OF ORANGE
A Political Subdivision of the State of California
COUNTY AUTHORIZED SIGNATURE:

Print Name Title

Signature Dated

ATTACHMENT A
County of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract # 012-23011541

SCOPE OF SERVICES

ACCESSIBILITY MODIFICATIONS

1. Scope of Services
A. HCD Code Section / Activity:

HSC § 50470 subdivision (b)(2)(D)(vii) / Accessibility modifications in Lowerincome Owner-occupied housing.

B. Project Title:

Owner-Occupied Accessibility Modifications Program
C. Funding Allocation:

Seventy Sixth Thousand Three Hundred and Ninety-Six Dollars ($76,396) D. Program Description:

The Subrecipient will use Permanent Local Housing Allocation (PLHA) funds to implement an Owner-Occupied Accessibility Modifications program for seniors 55 and older whose household income is at or below sixty percent (60%) of Area Median Income (AMI) adjusted for household size. The program provides grants to income qualified single-family homeowners who seek to make eligible accessibility modifications. The available grant amount per unit is up to $5,000.

This request will allow the Subrecipient to provide accessibility modifications to a minimum of 15 income eligible households using state funds.

E. Project Need:

This funding will provide resources for the Subrecipient’s Owner-Occupied Bathroom Accessibility Program (the “Program”). The Program provides grants to owner-occupied, income eligible homeowners, making at or below sixty percent (60%) AMI, in order to make necessary ADA modifications to their homes. The City of Seal Beach’s Leisure World Bathroom Accessibility Program improves

ATTACHMENT A
County of Orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 012-23011541
senior’s accessibility to their bathroom facilities by first cutting down the bathtub sidewall to 3-4 inches. Then a custom glass enclosure is fitted to the cut-down tub; enabling it to function as a shower. The floor of the tub is refinished with slip resistant material and grab-bars are affixed to the shower walls where necessary.

Permanent fiberglass seats are built where portable chairs are unworkable. Hiboy toilets are also installed as are smoke detectors. All of these bathroom modifications provide accessibility to income qualified seniors with limited range of motion, mobility problems, pain of movement, loss of balance or other disabilities.

Aside from helping the Low to Moderate income elderly residents, these improvements will strengthen, preserve and enhance the physical character and quality of the older housing stock in Leisure World. The Program assists eligible homeowners to make necessary accessibility modifications to reduce fall risks and to help older adults be able to age in place and stay independent for as long as possible.

F. Accessibility Modifications:
o The accessibility modifications will be reimbursed by the County after work has been completed and verified by the Subrecipient
o Expenditures that qualify for reimbursement are as follows:
▪ Installation of grab bars in bathrooms,
▪ Tub-to-shower conversion,
▪ Building fiberglass seats where portable chairs are unworkable ▪ Installation of hi-boy toilets when needed,
▪ Other necessary modifications, as necessary.

F. Program Goals:

Activity Outputs
Accessibility Modifications Households Served
Outcomes
A minimum of 15 Eligible Households

ATTACHMENT B
County of Orange Page 1 of 2 City of Seal Beach
OC Community Resources Contract # 012-23011541

COMPENSATION/PAYMENT

ACCESSIBILITY MODIFICATIONS

1. COMPENSATION:

This is a Contract between the County and the Subrecipient for $76,396 as set forth in Attachment A. Scope of Services attached hereto and incorporated herein by reference.

The Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder. The County shall have no obligation to pay any sum in excess of the total Contract amount specified unless authorized by an amendment in accordance with paragraphs C and P of the County’s General Terms and Conditions.

2. FIRM DISCOUNT AND PRICING STRUCTURE:

Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope.

Subrecipient agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.

3. PAYMENT TERMS:

An invoice for services/activities shall be submitted to the address specified below upon the completion of the services/activities and approval of the County Project Manager.

Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by OC Community Resources and subject to routine processing requirements of the County. The responsibility for providing an acceptable invoice rests with the Subrecipient.

Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements.

ATTACHMENT B
County of Orange Page 2 of 2 City of Seal Beach
OC Community Resources Contract # 012-23011541
Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the services.

Invoice(s) are to be sent to:

OC Community Resources Accounting
601 N Ross St., 6th Floor
Santa Ana, CA 92701

4. INVOICING INSTRUCTIONS:

Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1 OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.

The Contractor will provide an invoice on Contractor’s letterhead for services rendered.

Each invoice will have a number and will include the following information:

The Demand Letter/Invoice must include Delivery Order (DO) Number, Contract Number, and Service Date(s) – Month of Service along with other required documentation (See Exhibit 1).

5. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY:

Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.

ATTACHMENT C
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 012-23011541
BUDGET

ACCESSIBILITY MODIFICATIONS

1. Subrecipient’s Budget
A. Administration and Project Cost Proposal
Project Cost Budget Chart
City of Seal Beach – Owner-Occupied Accessibility Modification Program Project Costs/Activity
Urban County
Funds
Leveraged
Resources Total
Design/Project Development N/A N/A N/A
Acquisition N/A N/A N/A
Construction N/A N/A N/A
ADA Modifications $76,396 $0 $76,396
Total Project Cost $76,396 $0 $76,396
B. Detailed Project Cost Budget Description
The agreement will provide funding for the Owner-Occupied Bathroom Accessibility program (the “Program”). The Program provides grants of up to $5,000 to low income senior households 55 and older whose income is at or below sixty percent (60%) of the Area Median Income in order to make necessary accessibility modifications. The State Permanent Local Housing Allocation funds will allow for the rehabilitation of a minimum of 15 residences.

All program management and administration oversight for this program will be undertaken and managed by CivicStone, the City’s Housing Consultant.

ATTACHMENT D
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 012-23011541

STAFFING PLAN

CITY OF SEAL BEACH
Project Title: PLHA OWNER-OCCUPIED ACCESSIBILITY MODIFICATIONS

PROGRAM
Classification/Title
1 Program Staff:

Alexa Smittle
Community Development Director
City of Seal Beach – 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1313
[email protected]
2 Construction Management: Housing Programs (Sub-Contractor):

Monique Miner
President
CivicStone, Inc.
4195 Chino Hills Parkway #267, Chino Hills, CA 91709
909-364-9000
[email protected]
The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written approval of the County Project Manager.

The Subrecipient may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. Subrecipient shall provide the name of the staff to the County within a time mutually agreed upon by the Parties but no event later than 30 days after the execution of the Contract.

ATTACHMENT E
County of Orange Page 1 of 1 City of Seal Beach
OC Community Resources Contract # 012-23011541

PROJECT SCHEDULE

PLHA ACCESSIBILITY IMPROVEMENTS PROGRAM
City of Seal Beach

1. Project Schedule
Upon Execution by both Parties – Contract Start Date
Complete and Submit – Final Report due on or before date of Contract expiration.

2. Tools to Measure Project’s Effect – Accomplishments Achieved Milestone Date
Minimum Required
Expenditure/
Accomplishment Threshold
Activity
Results
Achieved
December 31,
2023 50% of Contracted Amount
Expended $38,198
December 31,
2023 50% of Proposed
Accomplishments Achieved
7 March 31, 2024 80% of Contracted Amount
Expended $61,116
March 31, 2024 80% of Proposed
Accomplishments Achieved 12

3. Beginning upon execution by both Parties through June 30, 2024, invoices will be accepted for Accessibility Modifications for seniors 55 years and older, whose Household income is less than or equal to 60% AMI will be the only Program beneficiaries. It is envisioned that 15 units will be rehabilitated with PLHA funds during the term of the Contract

4. Tools to be utilized to measure and evaluate the success in attaining the desired outcome for the project will include observation and ongoing monitoring of the Program during all phases of the accessibility modifications process. The ultimate performance measure that will determine whether the Program has achieved its desired goal will be the successful completion of accessibility modifications to units occupied by income eligible households. 20-PLHA-15177
County of Orange
Upon HCD Approval
$1,272,164.00

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL

SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 03/2019)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME

2. The term of this Agreement is:

START DATE
6/30/2030

THROUGH END DATE

3. The maximum amount of this Agreement is:

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions Exhibit D PLHA Program Terms and Conditions
Exhibit E Program-Specific Provisions and Special Conditions 5 TITLE PAGES
3 9
4 GTC - 04/2017
TOTAL NUMBER OF PAGES ATTACHED 21
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR BUSINESS ADDRESS
1501 East St. Andrew Place, First Floor
County of Orange

CITY STATE ZIP
Santa Ana CA 92705

PRINTED NAME OF PERSON SIGNING TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave., Suite 130 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business & Contract Services Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) 1/29/2021
Julia Bidwell Director
2/2/2021
Attachment F
Attachment F
County of Orange
20-PLHA-15177

Page 1 of 5 ends

Seal Beach City CouncilJune 26, 2023

Seal Beach City Council
June 26, 2023