Agenda packet — Seal Beach City Council, September 11, 2023 (part 1 of 2)

A G E N D A

REVISED MEETING OF THE CITY COUNCIL
Monday, September 11, 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.

Teleconference Notice: One or more Council Members are expected to participate remotely during this meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f). A quorum of the City Council will be physically present at the designated meeting location. Members of the public may access the meeting and provide public comment using Zoom at the following link https://us02web.zoom.us/j/88368720184, by signing in using the meeting ID 883 6872 0184, or by calling the following phone number (669) 900-9128.

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
• 9/11 Day of Remembrance
• Hunger Action Month Proclamation
• Service Dog Month Proclamation
• League of California Cities Presentation by Orange County Division Regional Public Affairs Manager Connor Medina

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 Communication from Mayor Pro Tem Sustarsic Email Comment from Desiree Williams
Public Comment from Elaine Murphy
Public Comment from Hope Horning
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 – None

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

A. Approval of the August 14, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 14, 2023.

B. Demands on City Treasury (Fiscal Year 2024) September 11, 2023 - Ratification.

C. Second Reading and Adoption of Ordinance 1706 - That the City Council adopt Ordinance 1706 titled "An Ordinance of the City of Seal Beach Amending Section 11.4.05.115 of Chapter 11.4.05 of Part IV of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”
D. Professional Services Agreement with Lisa Wise Consulting, Inc. for the Housing Element Update - That the City Council adopt Resolution 7439: 1.

Approving a Professional Services Agreement with Lisa Wise Consulting, Inc., to assist with revisions to the City’s 2021-2029 Housing Element and related implementation efforts for $160,600; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment 24-03-02 in the amount of $160,600.

E. Approving the Memorandum of Understanding and Agreement with Expedia Inc. and Authorizing the City Manager to Execute the Agreement - That the City Council adopt Resolution 7440:1. Approving a Memorandum of Understanding (MOU) between the City of Seal Beach and Expedia, Inc.; and, 2. Authorizing the City Manager to execute the MOU.

F. Approving and Authorizing Amendment No. 2 to the Professional Maintenance Services Agreement with ACCO Engineered Systems Inc. for HVAC Maintenance and Repair Services - That the City Council adopt Resolution 7441: 1. Approving Amendment No. 2 to the Professional Maintenance Services Agreement with ACCO Engineered Systems, Inc. dated July 26, 2021, increasing compensation to $85,598.58 for each additional term extension; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2 on behalf of the City.

G. Approving Cooperative Agreement No. C-3-2434 with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project - That the City Council adopt Resolution 7442: 1. Approving Cooperative Agreement No. C-3-2434 with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project; and, 2.

Authorizing and directing the City Manager to execute Cooperative Agreement No. C-3-2434.

H. Approval of Animal Licensing Services Contract with PetData Inc. - That the City Council adopt Resolution 7443 approving and authorizing the City Manager to execute the Agreement with PetData Inc. to provide animal licensing services for the City of Seal Beach for a three-year term.

I. Approval of Emergency Animal Veterinary Services Contract with Compassion-First Pet Hospitals - AVIM LP d/b/a Pacific Care Pet Emergency and Specialty (Pacific Care Pet Emergency) - That the City Council adopt Resolution 7444: 1. Approving and awarding a Professional Services Agreement to Compassion-First Pet Hospitals - AVIM LP d/b/a Pacific Care Pet Emergency and Specialty (Pacific Care Pet Emergency) to provide emergency animal veterinary services for the City of Seal Beach for a one-year term in accordance with the fee schedule set forth in the Agreement and in a not-to-exceed amount of $40,000 for the Original Term; and, 2.

Authorizing the City Manager to approve additional services up to the cumulative not-to-exceed amount of $10,000 in connection with the provision of emergency animal veterinary services under the Agreement for the Original Term; and, 3. Authorizing and directing the City Manager to execute the Agreement.

J. Surplus Land Act Covenant for 4197 Ironwood Avenue - That the City Council approve Resolution 7445 directing a covenant be recorded in compliance with the Surplus Land Act on 4197 Ironwood Avenue, Seal Beach, CA.

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

ADJOURNMENT
Adjourn the City Council to Monday, September 25, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

Strengthening California Cities
through Advocacy and Education
Presentation to
Seal Beach on League of
California Cities
September 11, 2023
Connor Medina
Regional Public Affairs Manager,
Orange County Division
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Protecting and Enhancing Local Control is at the
Core of Cal Cities Mission
• Since 1898, Cal Cities has fought to protect and
enhance local control.
• Over the past decade, Cal Cities has secured hundreds of significant victories for its members.
• Cal Cities harnesses the voice and collective power of its 476 member cities, representing thousands of city
officials and the millions of California residents they serve.

Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cal Cities is Membership Driven
• Cal Cities’ policy positions are entirely driven by members – city officials just like you.
• Cal Cities recognizes that constantly listening and learning is essential to ensure representation of the diverse interests of our membership.
• Cal Cities will remain steadfast to ensure state policy approaches to housing and other matters protect local control.
• Together, we will ensure that Cal Cities continues to deliver.

Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cal Cities Resources & Opportunities to Participate
• 16 Regional Divisions: The Orange County Division represents 33 cities and is led by its own Board of Directors. In August, our new President, La Palma Mayor Pro Tem Marshall Goodman, and the entire Board were elected by the 33 member cities. • 10 Professional Departments: City Attorneys; City Clerks; City Managers; Fire Chiefs; Fiscal Officers; Mayors and Council Members; Personnel and Employee Relations; Planning and Community Development; Public Works Directors • 5 Diversity Caucuses: African American Caucus; Asian Pacific Islander Caucus; Latino Caucus; LGBTQ Caucus; Women’s Caucus
• 7 Policy Committees: Community Services; Environmental Quality; Governance, Transparency and Labor Relations; Housing Community and Economic Development; Public Safety; Revenue and Taxation; Transportation, Communications and Public Works Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Seal Beach’s Champion in Sacramento
• Legislative Successes in 2022-23 include…
▪ Secured $1B in FY 22-23 state budget for housing and
continuing to fight for $3B ongoing funding
▪ Defeated a tax credit proposal that would have cost local govt $2.5B in revenue; new version of bill removes that risk ▪ Thwarted measures requiring pensions to withdraw highperforming events in 2022 AND 2023 ▪ Sponsored a bill now on Governor’s desk to provide Public Works Depts with permanent design-build authority
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Recent Topics & Speakers at State/Local Events in
2022-23
• Annual Conference 2022: Sessions on how to apply for federal infrastructure funding, adapting to new housing regulations, maintaining sustainable pensions, fixing Prop 47, navigating the Surplus Land Act and more top-of-mind issues for FV.
• OC Division: Quarterly Division meetings locally host speakers including:
▪ Randy Keen and Jake Itzkowitz, Manatt, SB 1439 Update ▪ Larry Kosmont, CEO of Kosmont Companies, Surplus Land Act update ▪ Maurice Lyles and Zach Bunshaft, Office of Governor Gavin Newsom ▪ Cal OES Deputy Director Ryan Buras
▪ Engaging speakers in the works for future meetings!
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Seal Beach’s Engagement 2023
• City Managers Conference
▪ Jill Ingram, City Manager
• Public Works Officers Institute
▪ Iris Lee, Public Works Director
• Orange County Division Q3 Meeting
▪ The Hon. Thomas Moore, Mayor
▪ The Hon. Nathan Steele, Council Member
• Cal Cities Annual Conference (Upcoming)
▪ The Hon. Thomas Moore, Mayor
▪ The Hon. Nathan Steele, Council Member
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org Connor Medina
Regional Public Affairs Manager
Orange County Division
[email protected] • (949) 421-9898
1 Questions for September 11, 2023, City Council Meeting: Sustarsic Warrants:

EFT # 2780 Hardy & Harper, Inc $24,225.00
Pay app # 1
What is this for?
This payment is for curb & gutter, and sidewalk replacements in both College Park East and College Park West neighborhoods.

EFT # 2787 Jeffrey Dale Jenkins $ 758,00
Services -- Lampson
This payment is for Lampson Well on-site chlorine equipment repair.

EFT # 2818 Jeffrey Dale Jenkins $ 1,463.23
Services, Materials & Travel
What are the above two expenditures for?
This payment is for Bolsa Chica Well on-site chlorine generation equipment maintenance and acid washing.
#27476 Access Rec $5,151.83
ADA Beach Mat Replacement/Rep
Was this a replacement or repair?
How long have we had this mat?
The ADA beach access mats have been in use for three (3) summer seasons. This payment was for repair and spare parts.
#27611 Wireless CCTV LLC $37,999.30
Council directed camera trailer for Leisure
What is this for?
The camera trailer has been purchased with discretionary funds from Sandra Massa-Lavitt. This camera trailer will be deployed in Leisure World to help target “hot spots” related to criminal activity. 2 The trailer can provide a live feed to dispatch, LW security office and to the watch commander in the field. Additionally, the camera trailer video will be recorded for follow-up investigations. Finally, the camera trailer can provide officers information when incidents are taking place. We look forward to the use of this additional crime prevention tool.
#27622 Christopher Swanson $2,995.00
Interactive Muni cast Financial Forecastin
What is this for?
Municast is an Excel-based Financial Forecasting and Trend Analysis Model that provides the ability to review multi-year budget/financial forecasts to year 2040.

Item D. PSA with Lisa Wise Consulting, Inc for Housing Element Update For which other cities has LWC worked on their Housing Element Updates? This is not a comprehensive list, but what staff is aware of:
- Certified: Long Beach, San Gabriel, Beaumont, Pleasanton, Temple City, Woodland - In process: Santa Maria, Piedmont, Coachella, Tehachapi Item H. Contract with PetData Inc for Animal Licensing Services Will there be a publicity campaign to advertise to residents regarding dog licensing with PetData, beyond notice to pets that are already licensed (not just a post on social media)? Yes, we will notify residents via social media, press release, Briefing Room, flyers, etc. We will also partner with veterinarins in town to have displays. This will be a multi-month roll out with lots of messaging.

What does the reference in the Financial Impact section mean regarding licenses donated or issued free, and a license that is issued as a part of a bundling of city services or programs? Pursuant to the Seal Beach Municipal Code, we waive the fees for certain situations.

We waive the fees for certain things:

D. A dog license shall not be required for the following:

1. Seeing eye dogs.

2. Dogs honorably discharged from the armed forces.

3. Dogs kept by nonresidents traveling through the city for a period of less than 30 days.

Notwithstanding the foregoing, a license shall be required for dogs that use a city dog park, unless the dog has a valid license and has a license tag or tattoo issued by the jurisdiction of the dog owner’s primary place of residence.

4. Dogs temporarily brought into the city to participate in an exhibition. 3 Item J. Surplus Land Act Covenant for 4197 Ironwood Avenue The purchase date of 2007 is not correct. Real Estate listings state the property was last purchased on July 18, 2014.
- Correct, the City purchased the property in 2014.

This recordation of covenant is a requirement of California state law? - Yes. Government Code Section 54233:

If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article, or if no entity to which a notice of availability was given pursuant to this article responds to that notice, and 10 or more residential units are developed on the property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5. A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development on a form prescribed by the department.

Do we estimate that this covenant, which will run with the property, will affect the property value or amount of sale?
- No. Ten or more housing units must be constructed to trigger the restriction, which is very unlikely given that the zoning does not allow for that many units, and the parcel is only 5,200 square feet.

I asked, at the time the City Council approved the sale process to begin on this property, that the City have an alternative plan in place to address the flooding problem on the western side of CPE before completing this sale. Would you please report what progress you have made on this alternative plan?
A preliminary assessment shows that it would be feasible to relocate the pump station and storm drain piping to another City-owned property. The City is also examining the possibility of coordinating downstream enhancements with the Old Ranch Country Club to provide a 4 more holistic solution, though funding has yet to be identified for these significant undertakings.

In the interim, the City will continue to prepare for storm events with placement of a mobile pump.

Agenda Item A

AGENDA STAFF REPORT
DATE: September 11, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the August 14, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 14, 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 Closed Session and Regular City Council meetings held on August 14, 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 – Closed Session, August 14, 2023
B. Minutes – Regular Session, August 14, 2023
Seal Beach, California
August 14, 2023
The City Council met in Closed Session at 6:30 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk

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

CLOSED SESSION
A. Conference with Legal Counsel Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Southern California Edison Company v. California State Board of Equalization Orange County Superior Court Case No. 30-2023- 01328239-CU-MC-CXC

ADJOURNMENT
Mayor Moore adjourned the Closed Session meeting at 6:50 p.m.

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

Thomas Moore, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
August 14, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Kalmick led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Moore requested a moment of silence for the victims of the Lahaina firestorm.

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
Nick Bolin, Marine Safety Lieutenant
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Nicholas Nicholas, Police Captain
Michael Ezroj, Police Captain

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Thirty-three 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 Steele moved, second by Mayor Pro Tem Sustarsic, to approve the agenda.

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

PRESENTATIONS / RECOGNITIONS
• Introduction of New Full-Time Employees
• 811 Announcement – August Safety Message Presentation by Orange County Fire Authority Division 1 Chief Craig Covey

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: Larry Kreuger, Jeanette Neal, Chad Wells, Liam Johnson, Damon Castle, Camilla Overbeek, Jeff O’Donald, Johnny Ruiz, Gus Garcia, and Carla Watson. Mayor Moore closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli indicated he will meet with Marine Safety Chief Joe Bailey to discuss the foil board issues brought up during public comment. Additionally, in response to a public comment, he noted that Council Member Landau had marked a box stating that she had a loan of $100,000 or more, rather than $100,000 and on that point did not find the Form 700 to be misleading.

Lastly, City Attorney Ghirelli reported that the City Council met in Closed Session to discuss the one (1) item on the posted agenda and that the Council took no reportable action.

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

COUNCIL COMMENTS
Council Member Kalmick had no items to report.

Council Member Steele reported that he attended a Senior Citizen Advisory Commission meeting and a Transportation and Housing Sub-Committee meeting of the Senior Citizen Advisory Commission that included a presentation from the Orange County Veterans Service Officer. He noted that veterans seeking services can reach out to the Orange County Veterans Service Office.

Mayor Pro Tem Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, the Orange County Sanitation District Board meeting, and a meeting where Nazariy Berbeka, Lviv City Councilor from Ukraine, provided a presentation of their relief efforts to support soldiers and refugees. She also reported that she attended National Night Out, Summer Send-Off, Edison Community Garden Clean-Up, and the Joint Forces Training Base Solar Project Grand Opening.

Council Member Landau reported her attendance at the last Summer Concert and thanked Kori and Darren DeLeon, the City of Seal Beach, the Seal Beach Chamber of Commerce, Boeing and all other sponsors for an amazing community event. Additionally, she reported she attended the Chamber’s monthly meeting at the Beach House. Council Member Landau explained why she chose Brian Kyle as her appointee to the CitizenCouncil Parking Advisory Ad Hoc Committee and noted that she is unclear what the lawsuit with the Beach House has to do with Main Street parking. She wanted the record to reflect that she was not on Council when the voting for Short Term Rentals took place and clarified that she selected one bedroom on her Short-Term Rental Application noting she has a four (4) bedroom three (3) bath house and plans to rent one (1) room as an Airbnb, not the whole house. Lastly, she reported that Mr. Griffith is a businessman with no business in front of Council currently and noted he feels that she is trustworthy just like all of the residents who voted for her in the 2022 municipal election.

Mayor Moore reported his attendance at National Night Out and two (2) Summer Concerts, noting the Seal Beach Chamber of Commerce did an excellent job organizing the concerts throughout the summer. He noted that he also attended an Orange County Transportation Authority (OCTA) Project Outreach Team meeting regarding the work taking place in College Park West and thanked David Spitz for his work on this project.

Additionally, he reported his attendance at the Edison Community Garden Clean-Up.

Lastly, he reported that he received a complaint regarding the Bank of America parking lot about a resident being overcharged. He requested staff to look into whether there is a permit in place for the parking lot. Lastly, he requested that the Marine Safety Chief provide an update on foil boarding at a future City Council meeting.

COUNCIL ITEMS
A. City Council Appointments to the Citizen-Council Parking Advisory Ad Hoc Committee - It is recommended that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore.

In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce.

City Clerk Harper provided a comprehensive background on the staff report.

Mayor Moore made a statement expressing his concerns about the appointment of Brian Kyle to the CCPA Ad Hoc Committee by Council Member Landau.

Council Member Steele moved, second by Council Member Kalmick that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:1) Matthew Terry appointed by Council Member Kalmick, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by
the Seal Beach Chamber of Commerce.

City Clerk Harper took a roll call vote as indicated below.

AYES: Landau, Moore, Sustarsic, Kalmick, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Steele moved, second by Council Member Kalmick to appoint Tim Rathmann Council Member Landau’s appointee to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee.

City Clerk Harper took a roll call vote as indicated below.

AYES: Landau, Moore, Sustarsic, Kalmick, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
B. Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference - That the City Council approve the designation of Mayor Thomas Moore and Mayor Pro Tem Schelly Sustarsic as Seal Beach’s voting delegates for the 2023 League of California Cities Annual Conference.

City Clerk Harper provided a comprehensive background on the staff report.

Council Member Kalmick moved, second by Council Member Steele to approve the designation of Mayor Thomas Moore and Council Member Steele as Seal Beach’s voting delegates for the 2023 League of California Cities Annual Conference.

City Clerk Harper took a roll call vote as indicated below.

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

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

C. Approval of the July 24, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023.

D. Demands on City Treasury (Fiscal Year 2024) August 14, 2023 - Ratification.

E. Monthly Investment Report (July 31, 2023) - Receive and file.

F. Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation for On-Call Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7433: Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not-to-exceed amount of $330,000 to provide On-Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section

3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not-to-exceed amount of $250,000 per additional one-year term.

G. Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) - That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves.

H. Law Enforcement ISO ClaimSearch Access Memorandum of Understanding - That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding.

I. Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape Services, Inc. for City-Wide Landscape Maintenance Services; and Approving and Authorizing Amendment No. 2 to the Public Works Agreement with So Cal Land Maintenance, Inc. for Landscape Maintenance - That the City Council adopt Resolution 7436: Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not-to-exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a threeyear term; and, Authorizing and directing the City Manager to execute the Agreement; and, Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $848,020.57 per additional term; and, Rejecting all other proposals; and, Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not-to-exceed amount of $60,000 for those additional services; and, Authorizing the City Manager to execute Amendment No. 2.

J. Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7437: Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,035,500, including the Total Base Bid of $1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, Authorizing the City Manager to approve additional work requests up to $150,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $250,000.

K. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services - That the City Council adopt Resolution 7438: 1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not-to-exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement.

The vote below is for all the Consent Calendar Items:

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

PUBLIC HEARING
L. Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements - That the City Council: 1.Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act.

Director of Community Development Smittle introduced Planning Manager Shaun Temple who provided a comprehensive background on the staff report. There were Council Member questions and clarification was made by City Attorney Ghirelli and staff.

Mayor Moore opened the public hearing. Speakers: Two (2) comments were made regarding this item during the public comment period. Additionally, Richard Coles, Elaine Murphy, Anne Tuler, and Steve Justice provided comments during the Public Hearing and Andy Jerice Coles read a letter on behalf of Susan Parrell, who was unable to attend due to COVID-19. Mayor Moore closed the public hearing.

Council Members deliberated prior to making a motion.

Mayor Moore moved, second by Council Member Landau to 1.Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be
exempt from the California Environmental Quality Act. City Council accepted staff’s recommended language regarding second floor setbacks and reinserted a prohibition on interior access to ADUs that had previously been recommended for removal by the Planning Commission.

City Clerk Harper took a roll call vote to continue Item L.

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

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

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Moore adjourned the City Council meeting in memory of Cal Fire Assistant Chief Josh Bischof, HemetRyan Air Attack Base Fire Captain Tim Rodriguez and Exclusive Use helicopter pilot Tony Sousa who died on Sunday, August 6, 2023 after two Cal Fire helicopters collided in midair; and, Garden Grove Police Corporal Han Cho, who died in an off-duty traffic collision on Monday, August 7, 2023, at 9:09 p.m. to Monday, September 11, 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 C

AGENDA STAFF REPORT
DATE: September 11, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1706
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1706 titled "An Ordinance of the City of Seal Beach Amending Section 11.4.05.115 of Chapter 11.4.05 of Part IV of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”
BACKGROUND AND ANALYSIS:

At its meeting on August 14, 2023, the City Council approved the introduction of Ordinance 1706 of the City of Seal Beach City Council amending section

11.4.05.115 of Chapter 11.4.05 of Part IV of Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. The Ordinance introduced by the Council made two changes to the draft included in the Council’s agenda August 14th agenda packet. First, the Council accepted staff’s proposed addition of language in proposed SBMC Section 11.4.05.115.F.2.c.ii to address the setback of second floor ADUs in the RLD-15 zone. Second, the Council re-inserted a prohibition on internal access between an ADU and the primary unit in proposed SBMC Section 11.4.05.115.F.2.g. This item is to conduct a second reading and adopt Ordinance 1706 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (“CEQA”), the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which

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exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones.

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:

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

A. Ordinance 1706

LEGISLATIVE HISTORY
ORDINANCE 1706

AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION

11.4.05.115 OF CHAPTER 11.4.05 OF PART IV OF TITLE 11 OF THE SEAL

BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING

UNITS AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Pursuant to California Government Code Sections 65852.2, 65852.22 and 65852.26, California law allows cities to provide by ordinance for the creation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in single-family and multifamily residential zones, subject to specified criteria, but since 2020 has increasingly limited the scope of development standards that cities may impose on this type of housing based on the State’s determination that ADUs and JADUs provide a source of affordable housing to assist in remedying the State’s severe housing crisis.

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

A. On October 24, 2022, the City Council adopted Ordinance No. 1699, amending the standards applicable to ADUs and JADUs in accordance with the requirements of the California Planning and Zoning Law.

B. In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1699 to the California Department of Housing and Community Development for review and comment; and on February 16, 2023, the California Department of Housing and Community Development provided comments on Ordinance No. 1699 with recommendations for modifications to the Ordinance.

C. The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance.

D. On July 17, 2023, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter.

E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 23-12, recommending approval of this Ordinance by the City Council.

F. The City Council, at a regular meeting, considered this Ordinance on August 14, 2023, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. -2-
G. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 3. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:

A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goals and Policies in that accessory dwelling units improve and expand housing opportunities and housing choice:

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

2. Housing: It is to be a goal of the City to preserve its low- and mediumdensity residential character while still providing a wide choice of living accommodations and lifestyles for its residents.

B. The proposed Ordinance is consistent with the following City’s General Housing Element Goals and Policies in that it will: facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents; assist in the development of adequate housing to meet the needs of low- and moderate-income households; address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing; and encourage more efficient energy use in residential developments.

1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents.

The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households.

2. Program 1h: Accessory Dwelling Units: Accessory dwelling units can provide affordable housing options for a wide range of household types, many of which may have very low- or extremely low-incomes. The City will continue to encourage ADU production consistent with State law, which shall include: (1) revisions and updates to the City’s adopted ADU Ordinance as needed for consistency with State law; and (2) website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable.

The proposed Ordinance will continue to allow Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with State law.

3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households.
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The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate-income households.

4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

5. Policy 2b: Provide incentives for and otherwise encourage the development of new affordable housing for low- and moderate-income households, including extremely-lowincome persons.

The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of ADUs, through relaxed development standards, and hence encourage the development of additional housing available in particular to lower-income households.

6. Policy 2d: Encourage construction of low- and moderate-income housing to sites that are:
• located with convenient access to schools, parks, public transportation, shopping facilities, and employment opportunities;
• adequately served by public utilities;
• adequately served by police and fire protection;
• compatible with surrounding existing and planned land uses; • minimally impacted by noise, flooding, or other environmental constraints; and
• outside of areas of concentrated lower-income households.

The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of ADUs throughout all the City’s residential communities thereby assuring they are allowed and encouraged in areas appropriate for residential use in a manner that does not result in undue concentration of lower income households.

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

Section 4. Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
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“Sec. 11.4.05.115. - Accessory dwelling units.

A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section

11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling.
3) “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5) “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time.
6) “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. 7) "Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8) “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
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9) “Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10) “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11) “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.
12) “Public transit,” has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.
13) “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
14) Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 65852.2(e).

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee.
2) Building Permit. A building permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements.
3) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures.
a) Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes.
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b) An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
c) Unpermitted ADUs constructed before 2018.
i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(A) The ADU violates applicable building standards, or
(B) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section.
ii. Exceptions:
(A) Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.
d) Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU.

D. Statewide Exemption ADUs.
1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following:
a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage). -7-
ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

ADUs constructed within the footprint of a proposed space of a singlefamily dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area.
iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior access between the primary unit and the ADU shall be prohibited.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section.
b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section.
i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”.
iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii):
i. ADU within Non-Livable Space in Existing Multifamily Dwelling. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or
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ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum fourfoot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a singlefamily zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

E. ADUs not subject to Statewide Exemption.
1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection.
2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit. 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60-day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on -9-
Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards:
1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards:
a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. -10-
iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit.
ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling.
iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower.

This clause shall not require the City to allow an accessory dwelling unit to exceed two stories.
iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking.
c) Setbacks.
i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply.
ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply.

In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in -11-
that neighborhood. when an ADU is proposed on the second floor, in cases where a second floor does not already exist, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. In cases where a second floor does already exist, the ADU shall be constructed contiguous to the second-floor section of the primary residence.
d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling.

Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size.
e) Lot coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located.
g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited.
h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR

68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. -12-
3) Parking Requirements:
a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met:
i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU.
-13-
2) A JADU must be contained entirely within the walls of the existing or proposed singlefamily dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit.
5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22.
6) No additional parking is required for a JADU.

H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
1) Except as otherwise required by Government Code Section 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.
4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record.

I. Fees and utility connections.
1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. -14-
2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.

J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State’s “General Guidelines for Creating Defensible Space.” Section 5. California Environmental Quality Act Exemption. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 6. Submittal of Ordinance. The Community Development Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance.

Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. -15-
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 14th day of August, 2023.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of September, 2023.

AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Thomas Moore, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Urgency Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 14th day of August, 2023, and was passed, approved, and adopted by the City Council at a regular meeting on the 11th day of September, 2023. ___________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: September 11, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Lisa Wise Consulting, Inc. for the Housing Element Update
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7439:

1. Approving a Professional Services Agreement with Lisa Wise Consulting, Inc., to assist with revisions to the City’s 2021-2029 Housing Element and related implementation efforts for $160,600; and,

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

3. Approving Budget Amendment 24-03-02 in the amount of $160,600.

BACKGROUND AND ANALYSIS:

The Southern California Association of Governments region is now about two years into the 2021-2029 Housing Element cycle. Due to extensive changes to State housing law over the last several years, Housing Element certification from the California Department of Housing and Community Development (HCD) has been difficult for most communities. Today, about half of Orange County jurisdictions, including Seal Beach, have not yet achieved certification.

While City staff has worked diligently to respond to HCD comment letters and make revisions to the City’s Housing Element, the unique challenges that face Seal Beach are substantive, including lack of vacant land and lack of historic site redevelopment to help support the City’s position that housing can be accommodated on currently developed sites. Additionally, the County of Orange, owner of the Sunset Aquatic Marina opportunity site, has withdrawn its support for housing at the site, requiring the City to identify other viable locations for 144 units.

Obtaining certification remains a critical priority for the City, as the consequences for failure to do so are extreme. Jurisdictions without a certified Housing Element can experience loss of grant funding, fines, lawsuits, and loss of ability to issue building permits entirely.

Page 2 ends

At this time, staff recommends utilizing experts to reach certification. Lisa Wise Consulting, Inc. has helped several communities, including neighboring Long Beach, work with HCD and achieve certification. This is a sole source contract recommendation as the firm is already assisting the City with the zoning code update. The Consultant’s familiarity with the Seal Beach Housing Element and associated site challenges will reduce the time and cost needed to move the project forward. Furthermore, through their work with the neighboring jurisdiction, they understand the greater regional market, which is expected to be instrumental in demonstrating opportunity site validity.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

The contract amendment will approve Budget Amendment 24-03-02 for an additional expenditure of up to $160,600 in professional services from Account 103-300-0231-51301. This Account had adequate fund balance and is funded through fee collection for General Plan updates; the contract does not impact the General Fund.

Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
General Plan 103-300-0231-51301 $595,000 $755,600 $160,600 STRATEGIC PLAN:

This project implements the Housing Element, which was a priority of the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7439:

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

3. Approving Budget Amendment 24-03-02 in the amount of $160,600.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7439
B. Professional Services Agreement with Lisa Wise Consulting, Inc.

RESOLUTION 7439

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

THE PROFESSIONAL SERVICES AGREEMENT WITH LISA WISE
CONSULTING, INC.

WHEREAS, the City of Seal Beach (City) desires consultant services to revised and assist in certification of the 2021-2029 Housing Element and related efforts related to Housing Element implementation including changes to Title 11 of the Municipal Code and the Main Street Specific Plan; and
WHEREAS, Lisa Wise Consulting, Inc. (Consultant) has demonstrated experience drafting Housing Elements that achieve certification from the California Department of Housing and Community Development; and
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and
WHEREAS, City and Consultant wish to enter into the Agreement for a not-to-exceed contract amount $160,600, and amend the 2023-24 Adopted Budget as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement with Lisa Wise Consulting, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for a total not-to-exceed contract amount of $160,600.

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

Section 3. The City Council hereby approves Budget Amendment No. 24-02-01 the amount of $160,600 allocating as follows:

Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
General Plan 103-300-0231-51301 $ 595,000 $ 755,600 $ 160,600 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of September, 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 7439 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of September, 2023.

Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: September 11, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Approving the Memorandum of Understanding with Expedia, Inc. and Authorizing the City Manager to Execute the Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7440:

1. Approving a Memorandum of Understanding (MOU) between the City of Seal Beach and Expedia, Inc.; and,

2. Authorizing the City Manager to execute the MOU.

BACKGROUND AND ANALYSIS:

On January 23, 2023, the City Council adopted Ordinance 1701, establishing regulations, standards, and a permitting process allowing for short-term rentals (STR) of private residences within the Coastal Zone. Short-term rentals are defined as the rental of property for less than 30 days.

The STR permit process opened in April 2023, allowing interested parties to submit lottery applications by May 5, 2023. On May 10, 2023, numbers were drawn lottery style, creating a priority order for available permits. Following the drawing, applicants were notified if they were on the wait list or part of the first offering of STR permits. STR permit applications were provided to those who were selected during the lottery process.

The STR program goals are to align with the Coastal Act to maximize public coastal access for all out-of-town visitors and increase overnight accommodations throughout the Coastal Zone while minimizing the impact of STRs on neighborhoods. As a result of the increase in STRs, there will be an increase in transient occupancy tax revenues for the City.

Expedia, Inc. (Expedia) is an online travel company that engages in global travel.

Their mobile application and website can be used to book airline tickets, car

Page 2 ends

rentals, and overnight accommodations. Under the proposed MOU, Expedia will publish only permitted STRs within the Coastal Zone for online booking, requiring STR owners to provide their permit number. This process will allow Expedia to identify un-permitted STRs and remove them from the platform. Furthermore, for transactions between an owner and guest booked through Expedia.com, or any subsidiaries of Expedia, which include Vacation Rental by Owner (VRBO), Travelocity, and Hotels.com, Expedia will collect and remit the transient occupancy tax to the City.

Ultimately, the goal of the MOU is to improve certainty that STRs operate legally when an STR is promoted on Expedia’s platforms. City staff is pursuing similar agreements with other large listing platforms.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item. Pursuant to the MOU, Expedia will collect and remit the transient occupant tax to the City for any transaction between and owner and a guest for which payment is completed through its booking platforms.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7440:

1. Approving a Memorandum of Understanding (MOU) between the City of Seal Beach and Expedia, Inc.; and,

2. Authorizing the City Manager to execute the MOU.

SUBMITTED BY: NOTED AND APPROVED:

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

Page 3 ends

Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:

A. Resolution 7440
B. Expedia Memorandum of Understanding and Agreement
RESOLUTION 7440

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE MEMORANDUM OF UNDERSTANDING
AND AGREEMENT BETWEEN EXPEDIA INC. AND THE

CITY OF SEAL BEACH REGARDING SHORT-TERM

RENTALS AND TRANSIENT OCCUPANCY TAX

COLLECTION AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City of Seal Beach adopted Ordinance 1701 allowing for short-term rentals of private residences within the Coastal Zone; and, WHEREAS, there is a desired increase in public coastal access and overnight accommodations; and,
WHEREAS, Expedia Inc. is an online travel company engaging in global travel accommodations; and,
WHEREAS, Expedia Inc. desires to publish permitted short-term rentals for online bookings on its platform; and,
WHEREAS, the City desires for Expedia Inc. to comply with all of its laws and regulations regarding short-term rentals, including a requirement that a short-term rental permit number is generated for each owner and shall be displayed on public listings; and, WHEREAS, the City further desires for Expedia Inc. to collect and remit transient occupancy tax from short-term rental guests in accordance with the City’s Municipal Code; and,
WHEREAS, the Memorandum of Understanding and Agreement specifies Expedia Inc. will comply with applicable laws and regulations for short-term rentals within the Coastal Zone when booked on the Expedia platform.

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

Section 1. The City Council hereby approves the Memorandum of Understanding and Agreement between the City of Seal Beach and Expedia Inc.

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

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of September, 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 7440 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of September 2023.

Gloria D. Harper, City Clerk

Agenda Item F

AGENDA STAFF REPORT
DATE: September 11, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 2 to the Professional Maintenance Services Agreement with ACCO
Engineered Systems Inc. for HVAC Maintenance and Repair Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7441:

1. Approving Amendment No. 2 to the Professional Maintenance Services Agreement with ACCO Engineered Systems, Inc. dated July 26, 2021, increasing compensation to $85,598.58 for each additional term extension; and,

2. Authorizing and directing the City Manager to execute Amendment No. 2 on behalf of the City.

BACKGROUND AND ANALYSIS:

On July 26, 2021, City Council adopted Resolution 7176 awarding a professional maintenance services agreement (“Agreement”) to ACCO Engineered Systems, Inc. (“ACCO”) for HVAC Maintenance and Repair Services for a one-year original term with up to four (4) additional one-year term extensions.

On May 23, 2023, City Council adopted Resolution 7283 approving Amendment No. 1 for additional HVAC maintenance and repair services and increasing compensation for a total contract not-to-exceed amount of $85,598.58 for the original term. The City has exercised the first two extensions, and the current extension runs through July 26, 2024.

The Agreement, as amended by Amendment No. 1, did not provide additional compensation for each optional term extension. As such, staff recommends approval of Amendment No. 2, amending Agreement to increase compensation to $85,598.58 for the current extension and each additional term extension.

Page 2 ends

ENVIRONMENTAL IMPACT:

This item is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(b) and (d) (Existing Facilities) of the state CEQA Guidelines because it would involve ongoing maintenance and repair of existing mechanical equipment involving no expansion of use.

Environmental impacts associated with each task order will be assessed under a separate effort.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Funding for HVAC Maintenance and Repair Services will be expensed from the FY 2023-2024 Public Works operations and capital improvement program budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7441:

2. Authorizing and directing the City Manager to execute Amendment No. 2 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager

Page 3 ends

ATTACHMENTS:

A. Resolution 7441
B. Amendment No. 2 with Acco Engineered Systems, Inc.

C. Amendment No. 1 with ACCO Engineered Systems, Inc.

D. Agreement with ACCO Engineered Systems, Inc.

RESOLUTION 7441

A RESOLUTION OF THE SEAL BEACH CITY

COUNCIL APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2

TO THE PROFESSIONAL MAINTENANCE SERVICES

AGREEMENT WITH ACCO ENGINEERED SYSTEMS,
INC. FOR HVAC MAINTENANCE AND REPAIR

SERVICES
WHEREAS, on July 26, 2021, City Council adopted Resolution 7176 approving a Professional Maintenance Services Agreement (“Agreement”) with ACCO Engineered Systems, Inc. (“ACCO”) for HVAC Maintenance and Repair Services in the amount of $60,598.58 for the original one-year term, and authorizing up to four additional one-year term extensions; and,
WHEREAS, on May 23, 2022, City Council adopted Resolution 7283 approving Amendment No. 1 to the Agreement, to increase ACCO’s compensation by $25,000 for additional services, for a total revised contract amount of $85,598.58 for the original term; and,
WHEREAS, the City desires to amend the Agreement with ACCO and increase ACCO’s compensation to $85,598.58 for each term extension.

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

SECTION 1. The City Council hereby approves Amendment No. 2 to the Agreement dated July 26, 2021, as amended by Amendment No. 1 dated May 23, 2022, between the City of Seal Beach and ACCO, to increase ACCO’s compensation to $85,598.58 for the current and each additional term extension.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 2 on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of September, 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 }
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 7441 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of September 2023.

Gloria D. Harper, City Clerk

AMENDMENT NO. 1

PROFESSIONAL MAINTENANCE SERVICES AGREEMENT
for
HVAC Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
ACCO Engineered Systems, Inc.
2201 Park Place, Suite # 400
EI Segundo, CA 90245
424) 201- 0153
This Amendment No. 1, dated May 23, 2022, amends that certain agreement (" Agreement") dated July 26, 2021, by and between the City of Seal Beach (" City"), a California charter city, and ACCO Engineered Systems, Inc. (" Contractor"), a California corporation.

RECITALS
A. City and Contractor are parties to the Agreement pursuant to which Contractor provides HVAC maintenance services including regularly scheduled preventative maintenance, related repairs, and on- call emergency and unexpected maintenance tasks.

B. City and Contractor wish to amend the Agreement, by this Amendment No. 1, for Contractor to provide additional HVAC maintenance services, and increase Contractor' s compensation for such additional services by $ 25, 000, for a total contract not -to -exceed amount of $ 85, 598. 58, as provided herein.

AMENDMENT NO. 1
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 1. 0 ( Scope of Services) of this Agreement is hereby amended to add Subsection 1. 1. 1 to read as follows:

1. 1. 1 Contractor shall provide those additional services set forth in the attached Exhibit A- 1 ( Proposal dated May 6, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A- 1, Exhibit B, Exhibit C and this Agreement as amended by Amendment No. 1, this Agreement shall control."
Section 2. Section 3. 0 ( Contractor's Compensation) of this Agreement is hereby amended in its entirety to read as follows:

3. 0 Contractor' s Compensation

3. 1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, and Exhibit A-1 for Additional Services, but in no event will the City pay more than the total not -to - exceed amount of $ 85, 598. 58 for the Services ( Exhibit A) and Additional Services ( Exhibit A- 1) for the Original Term.

3. 2. In the event that City elects to extend the- Original Term in accordance with Section 2. 2 of this Agreement, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services and Exhibit A- 1 for Additional Services, subject to the following:

3. 2. 1 The rates set forth in Exhibit A and Exhibit A- 1 may be adjusted for each one-year renewal term. Not later than one ( 1) month prior to the expiration of the Original Term or any one- year extension, Contractor may request hourly rate and/ or unit price increases for each extension that shall not exceed the rate of change of the lesser of either ( a) the most recent Sourcewell 2 Annual Renewal and Modification of Agreement or ( b) five percent ( 5%) of the total contract price set forth in Section 3. 1.

3. 3. Contractor will not be compensated for any work performed not authorized by City and specified in Section. 1. 0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award or amendment by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, Exhibit A- 1, and/ or any modified rates agreed to by City pursuant to Section 3. 2. 1 for any extension." Section 3. Section 37. 0 ( Non -Appropriation of Funds) is hereby added to the Agreement to read as follows:

37. 0 Non -Appropriation of Funds.

Payments to be made to Contractor by City for any Services and Additional 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 and Additional Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services and Additional 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."
Section 4. All references to the term " Agreement" throughout Sections 1. 0 through 37. 0, inclusive, of the Agreement are hereby modified to include, the Agreement dated July 26, 2021, and this Amendment No. 1 dated May 23, 2022, as if all those terms are fully set forth therein.

Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

Section 6. The persons executing this Amendment No. 1 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1.

K
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto:

CITY OF SEAL BEACH
M
Attest:
0 Gloria D. Harper,
Approved as to Form:

M
Steele, City Attorney
4 CONTRACTOR: ACCO Engineered
Systems, Inc., a California corporation
ame:

Name:

Its:

Patrick A. Rochon
Vice President
Please note, two signatures required for corporations
under Corp. Code § 313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
en ineered
systems

CERTIFICATE OF CORPORATE RESOLUTION
I, Robert M. Osier, Secretary of ACCO Engineered Systems, Inc., a California Corporation (" the Corporation") DO CERTIFY that the following is a true and complete copy of a resolution adopted by the Board of Directors of the Corporation on November 4, 2021, and that said resolution as modified has not been rescinded, removed, amended, or modified in any respect and remains in full force and effect as ofthe date hereof.

CONTRACT, BOND, AND OTHER AGREEMENTS

SIGNING AUTHORITY RESOLUTION
RESOLVED, that this Corporation does hereby authorize Charles Darway, Ronald Falasca, John Hansen, Jeffrey Marrs, John Petersen, and Richard Yates in the ordinary course to sign contracts, bonds, and other agreements on behalf ofthe Corporation. Additionally, these individuals have the authority to authorize in writing, on a case- by- case basis, any ofthe individuals listed below to execute contracts, bonds, and other agreements in a higher amount than authorized below.

RESOLVED, thatthis Corporation does hereby authorize David Anderson, Mark Dauw, Gregory Holbrook, Michael Potts, and Thomas Reynolds, and, with the written approval of Messrs. Dauw or Reynolds or any of the persons with unlimited authority identified immediately above, for a specific document Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $5, 000, 000 on behalf of the Corporation.

RESOLVED, that this Corporation does hereby authorize Jonathon Bell, Erik Dibble, Robert Felix, Kevin FitzGerald, Larry Jimenez, Charles Oberosler, Robert Osier, and Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $2,000, 000 orless onbehalfof the Corporation.

RESOLVED ,thatthisCorporation doesherebyauthorize Tareq Barakzoy, Richard Ferreira, David Osbum, Leland Roberts, Christopher Way, and Richard Wilson in the ordinary course of business to sign contracts and bonds of $1, 000, 000 or less on behalfof the Corporation.

RESOLVED, thatthis Corporation does hereby authorize Bryan Cooper, Scott Ellis, Thomas Montgomery, Curtis Osborne, Hugh Palmer, and Patrick Rochon in the ordinary course of businesstosigncontracts and bonds of $500, 000 orless onbehalfof the Corporation.

RESOLVED, that this Corporation does hereby authorize Richard Adams, Arvin Dalnay, Brandon Ellis, ToddGinn, Max Grek, Daniel Grumbles, Gregory Guizado, Ryan Leahy, Epifanio Ramirez, Frank Silva, and Richard Walker in the ordinary course of business to sign contracts of $250, 000 or less on behalf ofthe Corporation.

IN WITNESS THEREOF, the undersigned has set his hand and affixed the seal of this Corporation on this 121 day of November 2021.

Robert M. Osier, Corporate Secretary
Rev 11. 04. 21

Page 1 of 1 ends

EXHIBIT A- 1 FOR AMENDMENT NO. 1 —
CONTRACTOR' s Additional Services
ID
M= I Ilk
Work Order Signature Document
EZIQC Contract No.: CA -REN -SCR -M01 -062718 -AES
New Work Order F —x] Modify an Existing Work Order
Work Order Number.: 092636. 01 Work Order Date: 05/ 06/ 2022 Work Order Title: Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 Owner Name: SOCAL REN - City of Seal Beach Contractor Name: ACCO Engineered Systems Contact: Iris Lee Contact: Andy Lufkin
Phone: ( 562) 431- 2527 Phone: 424- 201- 0153
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No CA -REN -SCR -M01 - 062718 -AES.

Brief Work Order Description:

Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 Time of Performance Estimated Start Date:

Estimated Completion Date:

Liquidated Damages Will apply: E Will nota I :

Work Order Firm Fixed Price: $ 25, 000. 00
Owner Purchase Order Number:

Approvals
05/ 09/ 2022
Owner Date Contractor Date
Work Order Signature Document Page 1 of 1
5/ 6/ 2022
GORDIAN@
Detailed Scope of Work
To: Andy Lufkin From: Iris Lee
ACCO Engineered Systems City of Seal Beach
2201 Park Place, Suite # 400 211 Eighth Street
EI Segundo, CA 90245 Seal Beach, CA 90740
424- 201- 0153 ( 562) 431- 2527
Date Printed: May 06, 2022
Work Order Number: 092636. 01
Work Order Title: Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 Brief Scope: Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 F] Preliminary F-1 Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

This amendment is to supplement the " as -needed" HVAC maintenance and repair fund for the City of Seal Beach facilities.

Prevailing wage rates apply.

Subject to the terms and conditions of JOC Contract CA -REN - SCR -M01 - 062718 - AES.

Contractor
Owner
Scope of Work
05/ 09/ 2022
Date
Date

Page 1 of 1 ends

5/6/ 2022
Contractor' s Price Proposal - Summary
Date: May 06, 2022
Re: IQC Master Contract #: CA -REN - SCR - M01 - 062718 - AES Work Order #: 092636. 01
Owner PO #:

Title: Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 Contractor: ACCO Engineered Systems
Proposal Value: $ 25, 000.00
01 - General Requirements 25, 000. 00
Proposal Total $ 25, 000. 00
This] total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.

Contractor' s Price Proposal - Summary Page 1 of 1
5/ 6/ 2022
Contractor' s Price Proposal - Detail
Date: May 06, 2022
Re: IQC Master Contract #: CA -REN - SCR -M01 - 062718 - AES Work Order #: 092636.01
Owner PO #:

Title: Seal Beach HVAC Preventative Maintenance - Amendment Supplemental # 01 Contractor: ACCO Engineered Systems
Proposal Value: $ 25, 000. 00
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material ( Excludes)
01 - General Requirements
1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $ 25, 000. 00 costs. The base cost of the Reimbursable Fee is $ 1. 00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee ( e.g. quantity of 125 = $ 125. 00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the " note" block to identify the Reimbursable Fee ( e. g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.

Quantity Unit Price Factor Total
Installation 25, 000. 00 x

1. 00 x1. 0000 = 25, 000. 00
As needed HVAC maintenance/ repair fund amendment for the City of Seal Beach facilities.

Subtotal for 01 - General Requirements $ 25, 000. 00
Proposal Total $ 25, 000. 00
This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding.

Contractor' s Price Proposal - Detail Page 1 of 1
5/ 6/ 2022
ACR ® CERTIFICATE OF LIABILITY INSURANCE DATED(
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( les) 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 CONTACT

NPHAME'
Aon Risk Insurance Services West, Inc.

Los Angeles CA office A/ CNNo. Ext): ( 866) 283- 7122 : ( 800) 363- 0105 ADDRESS: E- MAIL 707 Wilshire Boulevard
suite 2600
INSURERS) AFFORDING COVERAGE NAIC #
Los Angeles CA 90017- 0460 USA
INSURED INSURER A: Liberty Mutual Fire Ins CO 23035
ACCO Engineered Systems, Inc.
888 East Walnut Street
Pasadena CA 91101 USA
INSURER B: LM Insurance Corporation 33600
INSURER C: American Fire & Casualty Cc 24066
INSURER D:

INSURER E:

INSURER F:
7 - 1, 000, 000
PREMISES occurrence)
COVERAGES CEHTIHGACE NUM13EH: b/ U1Jtly2ld// 1 KEV151UN NUMLStt{:

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

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

LTRTYPE OF INSURANCE INSD WVD POLICYNUMBER MM/ DD MM/ DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y YTB 0 35 0 1 10/ 01/ 2021 1U/ U1/ 20Z2 EACH OCCURRENCE $ 2, 000, 000 CLAIMS -MADE M OCCUR 7 - 1, 000, 000
PREMISES occurrence)
MED EXP (Any one person) $ 5, 000
PERSONAL & ADV INJURY $ 2, 000, 000
GEN' LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 4, 000, 000 POLICY X PRO JECT X LOC PRODUCTS - COMP/ OP AGG $ 4, 000, 000 OTHER:

A AUTOMOBILE LIABILITY Y Y AS2- 661- 067353- 021 10/ 01/ 2021 10/ 01/ 2022 COMBINED SINGLE LIMB $ 5, 000, 000 Ea accident
BODILY INJURY ( Per person)

X ANY AUTO
BODILY INJURY ( per accident)
OWNED

SCHEDULED

AUTOS ONLY
AUTOS

HIRED AUTOS NON -OWNED

ONLY AUTOS ONLY

PROPERTYOAMAGE
Per accident
C UMBRELLA LIAR X OCCUR EUA2263708502 10/ 01/ 202110/ 01/ 2022 EACH OCCURRENCE $ 1, 000, 000 AGGREGATE $ 1, 000, 000

X EXCESS LIAB CLAIMS - MADE

DED RETENTION

B WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER/ EXECUTIVE —
OFFICER/ MEMBER EXCLUDED?
N
Mandatory In NH)
N/ A
Y WA566D067353011 10/ 01/ 2021 10/ 01/ 2022 X11 PER STATUTE OTRHE1. EACH ACCIDENT $ 1, 000, 000 E. L. DISEASE -EA EMPLOYEE $ 1, 000, 000
It yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Construction, All operations.]
AI: The City of seal Beach (" City"), its elected officials, officers, attorneys, agents,. employees and volunteers] are included as Additional Insured with respect to the General Liability and Automobile Liability Policies; granted a waiver of subrogation for General Liability, Automobile Liability and workers' Compensation Policies; and General Liability and Automobile Liability Policies evidenced herein are Primary and Non- contributory to other insurance available as required by written contract but limited to the operations of the insured under the said contract. Excess Liability is Follow Form.

CERTIFICATE HOLDER CANCELLATION -

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 AUTHORIZED REPRESENTATIVE
City Hall
211 8th Street
Seal Beach CA 90740 USA J`
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: T132- 661- 067353- 031 COMMERCIAL GENERAL LIABILITY CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section 11 — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to " bodily injury" or
property damage" occurring after:

I. All work, including materials, parts cr equipment
furnished in connection with such work, on the
project ( other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured( s) at the location of the
covered operations has been completed; or

2. That portion of " your work' out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 2010 0413 © ISO Properties, Inc., 2012 Pagel of 2 0

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Locations Of Covered Operations
All persons or organizations with whom you have entered All locations as required by a written contract or into a written contract or agreement, prior to an agreement entered into prior to an ' occurrence" or occurrence" or offense, to provide additional insured status. offense.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 20 10 0413 C Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2- 661- 067353- 031 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED "SITES

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization (s):

As required by written contract or agreement entered into prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery against the person( s)
or organization( s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person( s) or organization( s) prior to loss. This endorsement applies only to the person( s) or
organization( s) shown in the Schedule above.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: AS2- 661- 067353- 021 COMMERCIAL AUTO
CA 04 4410 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

SCHEDULE
Names) Of Person( s) Or Organization ( s):

Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others
To Us condition does not apply to the person( s) or
organization( s) shown in the Schedule, but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a contract with that person or
organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2- 661- 067353- 021 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With modifiedrespect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless by this endorsement.

This endorsement identifies person( s) or organization( s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

SCHEDULE
Name Of Person( s) Or Organization( s):

Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of covera a or the limits of insurance provided in this policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A. I. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number T132- 661- 067353- 031
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART
Schedule
Name of Person( s) or Organization( s):

If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person( s) or organization( s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same " occurrence", claim or " suit".

Policy Number TB2-661- 067353- 031
Issued by Liberty Mutual Fire Insurance Co.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE PART

MOTOR CARRIER COVERAGE PART

GARAGE COVERAGE PART

TRUCKERS COVERAGE PART

EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART

SELF- INSURED TRUCKER EXCESS LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM
Schedule
Name of Other Person( s) /
Organization (s): Email Address or mailing address: Number Days Notice:

Per schedule on file with broker Per schedule on file with broker 30 days A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.

B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

All other terms and conditions of this policy remain unchanged.

Policy Number: AS2-661- 067353- 021
Issued by: Liberty Mutual Fire Insurance Co.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE PART

MOTOR CARRIER COVERAGE PART

GARAGE COVERAGE PART

TRUCKERS COVERAGE PART

EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART

SELF- INSURED TRUCKER EXCESS LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM
Schedule
Name of Other Person( s) / I Email Address:

Per schedule on file with broker
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical after notifying the first Named Insured.

B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

All other terms and conditions of this policy remain unchanged.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.

B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

Name of Other Person( s) /
Organization( s):

Per schedule on file with broker

SCHEDULE
Email Address or mailing address:

Per schedule on file with broker
All other terms and conditions of this policy remain unchanged.

Issued by LM Insurance Corp.

For attachment to Policy No. WA5- 66D- 067353- 011 Effective Date 10/01/ 2021 Issued to
WM 9018 06 11 © 2011 Liberty Mutual Group of Companies Ed. 06/ 01/ 2011 All Rights Reserved Number Days Notice:
30 days
Premium $

Page 1 of 1 ends

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Where required by contract or written agreement prior to loss and allowed by law.

Issued by: LM Insurance Corp.

For attachment to Policy No WA5- 66D- 067353- 011 Effective Date 10/ 01/ 2021 Premium Issued to: ACCO Engineered Systems, Inc.

WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/ 1/ 1984
CE 65 24 06 97

EXCESS LIABILITY COVERAGE FORM
There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words " you" and " your" refer to the Named Insured. The words " we," " us" and ' bur" refer to the Company providing this insurance. The word Insured means any person or organization qualifying as such in the " first underlying insurance." Other words and phrases that appear in quotation marks have special meaning and can be found in the DEFINITIONS Section or the specific policy provision where they appear.

In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree with you to provide the coverage as follows:

INSURING AGREEMENTS
I. COVERAGE of the Declarations is the most we will
We will pay on behalf of the Insured the
pay for all " loss" that is subject to an
amount of ' loss" covered by this insurance in
aggregate limit provided by the " first
underlying insurance." The
excess of the " Underlying Limits of Insurance"
aggregate
limit applies separately and in the
shown in Item 5. of the Declarations, subject
same manner as the aggregate limits
to INSURING AGREEMENT Section II., Limits provided by the " first underlying insur- of Insurance. Except for the terms, conditions, ance," provided that all " underlying in - definitions and exclusions of this policy, the surance" applies their aggregate limit coverage provided by this policy will follow in the same manner as the " first un - the " first underlying insurance." derlying insurance." ll. LIMITS OF INSURANCE 3. Subject to 13. 2., the occurrence limit A. The Limits of Insurance shown in the Decstated in Item 4. of the Declarations is loss"
larations and the rules below describe the
the most we will pay for all
arising out of any one occurrence to
most we will pay under the terms of this which this policy applies. insurance regardless ' of the number of:

4. 1. Insureds;
Subject to Paragraphs 13. 2. and B. 3.
0 above, if the " Underlying Limits of In2. claims made or suits brought; surance" described in Item 5. of the
Declarations are either reduced or ex -

3. persons or organizations making hausted solely by payment of ' loss," claims or bringing suits. such insurance provided by this policy will apply in excess of the reduced
B. The Limits of Insurance of this policy will underlying limit or, if all underlying apply as follows: limits are exhausted, will apply as " underlying insurance" subject to the

1. This policy applies only in excess of same terms, conditions, definitions and the " Underlying Limits of Insurance" exclusions of the " first underlying in - shown in Item 5. of the Declarations. surance," except for the terms, conditions, definitions and exclusions of this

2. The aggregate limit shown in Item 4. policy.

CE 65 24 06 97 ( Page 1 of 7)
However, we will not pay that portion
of a ' loss" that is within the " Underlying Limits of Insurance" which the Insured has agreed to fund by selfinsurance or means other than insurance.

5. The limits of this policy apply separately to each consecutive annual period, and to any remaining period of less than 12 months, starting with the
beginning of the policy period shown
in the Declarations unless the policy
period is extended after issuance for
an additional period of less than 12
months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

III. DEFENSE
A. We will not be required to assume charge
ducts, asbestos -containing materials or
products, asbestos fibers or asbestos
dust; or

3. any obligation to investigate, settle or
defend, or indemnify any person
against any claim or suit arising out of
or related in any way, either directly or
indirectly, to asbestos, asbestos products, asbestos -containing materials or products, asbestos fibers or asbestos
dust.

B. Any liability, including, but not limited to
settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or in any way related to:

1. the actual, alleged or threatened presence, discharge, dispersal, seepage, migration, release or escape of " pollutants," however caused; of the investigation of any claim or de- 2. any request, demand, or order that any fense of any suit against you. Insured or others test for, monitor, clean up, remove, contain, treat, de -
B. We will have the right, but not the duty, to toxify, neutralize or in any way re - be associated with you or your underlying spond to or assess the effects of " polinsurer or both in the investigation of any lutants." This includes demands, direcclaim or defense of any suit which in our tives, complaints, suits, orders or re - opinion may create liability on us for quests brought by any governmental loss." If we exercise such right, we will entity or by any person or group of do so at our own expense, but not after persons;
the limits of this policy are exhausted.

IV. EXCLUSIONS
This policy does not apply to:

A. Any liability, including, but not limited to
settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to:

1. asbestos, asbestos products, asbestos -
containing materials or products, asbestos fibers or asbestos dust, including, but not limited to, manufacture, mining, use, sale, installation, removal,
or distribution activities;

2. exposure to testing for, monitoring of,
cleaning up, removing, containing or
treating of asbestos, asbestos pro -
CE 65 24 06 97 ( Page 2 of 7)

3. steps taken or amounts incurred by a
governmental unit or any other person
or organization to test for, monitor,
clean- up, remove, contain, treat, detoxify or neutralize or assess the effects of " pollutants." This exclusion will apply to any liability,
costs, charges or expenses, or any judgments or settlements, arising directly or indirectly out of pollution whether or not
the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable.

As used in this exclusion " pollutants"
means any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes,
acids, alkalis, chemicals and waste material.

Waste material includes materials which such " underlying insurance," but will sp- are intended to be or have been to be ply as if the " underlying insurance" was recycled, reconditioned or reclaimed. available and collectible.

C. Any liability excluded by the Nuclear En- C. Changes ergy Liability Exclusion attached to this
policy. Notice to any agent or knowledge posV. DEFINITIONS sessed by any agent or any other person will not effect a waiver or change in any
A. " First underlying insurance" means the
part of this policy. This policy can only be
changed by a written endorsement that
policy or policies of insurance stated as becomes a part of this policy and that is such in Item 5. of the Declarations. signed by one of our authorized repreB. " Loss" means those sums actually paid in sentatives.
the settlement or satisfaction of a claim D. Cancellation which you are legally obligated to pay as
damages after making proper deductions 1. You may cancel this policy. You must for all recoveries and salvage. mail or deliver advance written notice C. " Underlying insurance" means " first unA.

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Section 11. of this policy. 5. If you cancel, final premium will be B. Bankruptcy or Insolvency more than pro rata; it will be based on the time this policy was in force and
The bankruptcy, insolvency or inability to increased by our short rate cancellation pay of any Insured or the bankruptcy, intable and procedure. solvency or inability to pay of any of the 6. Premium adjustment may be made at underlying insurers will not relieve us from the the time of cancellation or as soon as payment of any claim or suit covered by this policy. practicable thereafter but the cancellation will be effective even if we have In the event of bankruptcy or insolvency of not made or offered any refund due any underlying Insurer, the insurance af- You. Our check or our representative' s forded by this policy will not replace
CE 65 24 06 97 (

Page 3 of 7 ends

check, mailed or delivered, will be sufficient tender of any refund due you.

7. The first Named Insured in Item 1. of
the Declarations will act on behalf of
all other Insureds with respect to the
giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this
policy.

8. Any of these provisions that conflict
with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply
with the law.

E. First Named Insured Duties
The person or organization first named in
Item 1. of the Declarations is responsible
for the payment of all premiums. The first
Named Insured will act on behalf of all
other Named Insureds for the giving and
receiving of notice of cancellation or the
receipt of any return premium that may
become payable.

We will be furnished a complete copy of
the " first underlying insurance" described
in Item 5. of the Declarations and any
subsequently issued endorsements which
may in any way affect this insurance.

F. Legal Actions Against Us
There will be no right of action against us
under this insurance unless:

1. you have complied with all the terms
of this policy; and

2. the amount you owe has been determined by settlement with our consent or by actual trial and final judgment.

This insurance does not give anyone the
right to add us as a party in an action
against you to determine your liability.

G. Maintenance of Underlying Insurance
During the period of this policy, you agree:

CE 65 24 06 97 ( Page 4 of 7)

1. to keep the policies listed in Item 5. of
the Declarations in full force and effect;

2. that the Limits of Insurance of the " underlying insurance" policies listed in Item 5. of the Declarations will be
maintained except for any reduction or
exhaustion of aggregate limits by payment of claims or suits for " losses" covered by " underlying insurance."
If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you
fully complied with these requirements.

H. Notice of Occurrence
I

1. You must see to it that we are notified
as soon as practicable of an occurrence which may result in a claim or suit which may involve this policy. To
the extent possible, notice will include:
a. how, when and where the occurrence took place;
b. the names and addresses of any
injured persons and witnesses;
c. the nature and location of any injury or damage arising out of the occurrence.

2. If a claim or suit against any Insured is
reasonably likely to involve this policy
you must notify us in writing as soon
as practicable.

3. You and any other involved Insured
must:
a. immediately send us copies of
any demands, notices, summonses or legal papers received in connection with the claim or suit; b. authorize us to obtain records and
other information;
c. cooperate with us in the investigation, settlement or defense of the claim or suit; and
d. assist us, upon our request, in the
enforcement of any right against
any person or organization which
may be liable to the Insured because of injury or damage to which this insurance may also apply.

4. If the " Underlying Limits of Insurance"
are exhausted solely by payment of
loss," no Insured will, except at their
own cost, voluntarily make a payment,
assume any obligation, or incur any
expense, other than for first aid, without our consent.

I. Other Insurance
If other insurance applies to a " loss" that
o
is also covered by this policy, this policy
will apply excess of the other insurance.

Nothing herein will be construed to make
this policy subject to the terms, conditions
and limitations of such other insurance.

However, this provision will not apply if
the other insurance is specifically written
to be excess of this policy.

Other insurance includes any type of selfinsurance or other mechanism by which an Insured arranges for funding of legal
liabilities.

J. Premium
Unless otherwise provided, the premium
for this policy is a flat premium and is not
subject to adjustment except as provided
herein or amended by endorsement. If any
This policy does not apply to:
additional premium charge is made to the
underlying insurance" during the policy
period or if there is an increase in the risk
assumed by us, our premium may be adjusted accordingly.

K. Terms Conformed to Statute
The terms of this policy which are in conflict with the statutes of the state where this policy is issued are amended to conform to such statutes.

If we are prevented by law or statute from
paying on behalf of the Insured, then we
will, where permitted by law or statute,
indemnify the Insured.

L. When " Loss" is Payable
Coverage under this policy will not apply
unless and until the Insured or the Insured' s " underlying insurance" is obligated to pay the full amount of the " Underlying Limits of Insurance." When the amount of " loss" has finally
been determined,
we will promptly pay on
behalf of the Insured the amount of " loss"
falling within the terms of this policy.

NUCLEAR ENERGY LIABILITY EXCLUSION
A. Any liability, injury or damage:

1. with respect to which any Insured under
the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic, Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or
would be an Insured under any such policy
but for its termination upon exhaustion of
its Limits of Insurance; or
CE 65 24 06 97 (

Page 5 of 7 ends

2. resulting from the " hazardous properties"
of " nuclear material" and with respect to
which ( a) a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ( b) any
Insured is, or had this policy not been
issued would be, entitled to indemnity
from the United States of America, or any
agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or
organization.

B. Any injury or " nuclear property damage" resulting from the " hazardous properties" of nuclear material," if:

1. the " nuclear material' ( a) is at any " nuclear facility" owned by, or operated by or on behalf of, any Insured or ( b) has been
discharged or dispersed therefrom;

2. the " nuclear material` is contained in
spent fuel" or " nuclear waste" at any
time possessed, handled, used, processed,
stored, transported or disposed of by or on
behalf of any Insured; or

3. the injury or " nuclear property damage"
arises out of the furnishing by any Insured
of services, materials, parts of equipment
in connection with the planning, construction, maintenance, operation or use of any nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada,
this Exclusion B. 3. applies only to " nuclear
property damage" to such " nuclear facility" and any property therein.

C. As used in this exclusion:

1. " Hazardous properties" includes radioactive, toxic or explosive properties.

2. " Nuclear facility" means:
a. any " nuclear reactor";
b. any equipment or device designed or
used for
1) separating the isotopes of uranium or plutonium,
2) processing or utilizing " spent
fuel' or
3) handling, processing or packaging
nuclear waste'
c. any equipment or device used for the
processing, fabricating or alloying of
special nuclear material" if at any
time the total amount of such material
in the custody of any Insured at the
premises where such equipment or device is located
CE 65 24 06 97 ( Page 6 of 7)
consists of or contains more than 25
grams of plutonium or uranium 233 or
any combination thereof, or, more than
250 grams of uranium 235;
d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of, " nuclear
waste," and includes the site on which
any of the foregoing is located, all operations considered on such site and, all premises used for such operations.

3. " Nuclear material' means " source material," " special nuclear material` or byproduct material.

4. " Nuclear property damage" includes all
forms of radioactive contamination of
property.

5. " Nuclear reactor" means any apparatus
designed or used to sustain nuclear fission
in a self-supporting chain reaction or to
contain a critical mass of fissionable material.

6. " Nuclear waste" means any " nuclear
waste" material ( a) containing " by-product
material' other than the tailings of " nuclear waste" produced by the extraction or concentration of uranium or thorium from
any ore processed primarily for its " source
material' content, and ( b) resulting from
the operation by any person or organization of any " nuclear facility" included within the definition of " nuclear facility" under Paragraph C. 2. a. or C. 2. b.

7. " Source material," " special nuclear material," and " by- product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof.

8. " Spent fuel' means any fuel element or
fuel component, solid or liquid, which has
been used or exposed to radiation in a
nuclear reactor."
This endorsement does not change any other
provision of the policy.

In Witness Whereof, we have caused this policy to be executed and attested, but this policy will not be valid unless countersigned by one of our duly authorized representatives, where required by law.

CE 65 24 06 97 (

Page 7 of 7 ends

0 Liberty
Mutual.

INSURANCE
Coverage Is Provided In:

Policy Number:

American Fire and Casualty Company - a stock company I
EUA ( 22) 63 70 85 02
ITEM 5) SCHEDULE OF UNDERLYING INSURANCE:

CARRIER, POLICY

NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE
FIRST UNDERLYING INSURANCE GENERAL $ 2,000,000 EACH OCCURRENCE

LIBERTY MUTUAL FIRE INSURANCE LIABILITY LIMIT

COMPANY
2,000, 000 PERSONAL AND
TB2- 661- 067353- 031 ADVERTISING INJURY
10/ 01/ 2021 - 10/ 01/ 2022 LIMIT
4,000, 000 GENERAL AGGREGATE
LIMIT
4, 000, 000 PRODUCTS - COMPLETED

OPERATIONS AGGREGATE
LIMIT
FIRST UNDERLYING INSURANCE OWNED AND HIRED $ 5,000,000 COMBINED SINGLE

LIBERTY MUTUAL FIRE INSURANCE AND/ OR NONOWNED LIMIT

COMPANY AUTO LIABILITY
AS2- 661- 067353- 021
10/ 01/ 2021 - 10/ 01/ 2022
FIRST UNDERLYING INSURANCE EMPLOYERS $ 1, 000, 000 BODILY INJURY EACH LM INSURANCE CORPORATION LIABILITY* ACCIDENT LIMIT
1, 000, 000 BODILY INJURY BY
WA5- 66D- 067353- 011 DISEASE AGGREGATE
10/ 01/ 2021 - 10/ 01/ 2022 LIMIT
1, 000, 000 BODILY INJURY BY

DISEASE EACH

EMPLOYEE LIMIT

EMPLOYERS LIABILITY COVERAGE IS NOT PROVIDED FOR CLAIMS BY EMPLOYEES WHO ARE

SUBJECT TO THE WORKERS COMPENSATION LAWS OF NEW YORK
FIRST UNDERLYING INSURANCE EMPLOYEE $ 1, 000, 000 EACH, EMPLOYEE LIMIT

LIBERTY MUTUAL FIRE INSURANCE BENEFITS

COMPANY LIABILITY
2,000,000 AGGREGATE LIMIT
TB2- 661- 067353- 031
10/ 01/ 2021 - 10/ 01/ 2022
To report a claim, call your Agent or 1- 844- 325-2467
DS 70 23 0108
09/ 09/ 21 63708502 POLSVCS 275 NCAFPPNO INSURED COPY 002333 PAGE 14 OF 36

COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With modifiedrespect by thetoendorsement. coverage provided by this endorsement, the provisions of the Coverage Form apply unless A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:

This Coverage Form' s Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an " insured" under your policy provided that:

1. Such " insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".

B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an " insured" under
your policy provided that:

1. Such " insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
insured".

CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1

PROFESSIONAL MAINTENANCE SERVICES

AGREEMENT
for
HVAC Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 ACCO Engineered Systems, Inc.
2201 Park Place, Suite #400
EI Segundo, CA 90245
424) 201- 0153
This Professional Maintenance Services Agreement (" the Agreement") is made as of July 26, 2021 ( the " Effective Date"), by and between ACCO Engineered Systems, Inc.

Contractor"), a California corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain HVAC maintenance services including regularly scheduled preventative maintenance, related repairs, and on- call emergency and unexpected maintenance tasks.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( D), City solicited proposals for such services through The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01 -062718 - AES.

C. Pursuant to The Gordian Group EZIQC Contract No.: CA -REN -SCR -M01- 062718 -AES, Contractor submitted a proposal to the City for regularly scheduled HVAC preventative maintenance, related repairs, and on- call emergency and unexpected maintenance tasks, dated June 18, 2021, in the amount of $ 60, 598. 58 (" Accepted Proposal" hereinafter), attached hereto as Exhibit A and incorporated herein by reference, which constitutes the lowest acceptable bid. The Accepted Proposal contains, among other things, provisions defining the scope of services.

D. City desires to engage Contractor as an independent contractor to provide HVAC maintenance and repair services in the manner set forth herein and more fully described in Section 1. 0.

E. Contractor represents that the principal members of its firm are qualified California licensed contractors ( License # 120696, DIR # 1000000546) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Contractor shall provide those HVAC maintenance, related repairs, and on- call emergency and unexpected maintenance tasks ( collectively Services") set forth in the Contractor' s Proposal (" Accepted Proposal", Exhibit A), Sourcewell Indefinite Quantity Construction agreement ( Exhibit B), and Labor Code requirements ( Exhibit C), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control. 2 of 20

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

1. 3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

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

2. 0 Term

2. 1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of one ( 1) year (" Original Term") and shall expire at midnight on July 26, 2022, unless sooner terminated or extended as provided by this Agreement.

2. 2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to four ( 4) additional terms of one year each (" extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 26, 2022 through and including July 26, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 26, 2023 through and including July 26, 2024, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the third extension shall have a term extending from July 26, 2024 through and including July 26, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the fourth extension shall be from July 26, 2025 through and including July 26, 2026, unless sooner terminated pursuant to this Agreement.

Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor' s authorized representatives.
3 of 20

3. 0 Contractor' s Compensation

3. 1. City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $60, 598. 58 Sixty Thousand Five Hundred Ninety Eight and 58/ 100 dollars) for the Original Term.

3. 2. In the event that City elects to extend the Original Term in accordance with Section 2. 2 of this Agreement, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services, subject to the following:

3. 2. 1 The rates set forth in Exhibit A may be adjusted for each one- year renewal term. Not later than one ( 1) month prior to the expiration of the Original Term or any one-year extension, Contractor may request hourly rate and/ or unit price increases for each extension that shall not exceed the rate of change of the lesser of either ( a) the most recent Sourcewell Annual Renewal and Modification of Agreement or ( b) five percent ( 5%) of the total contract price set forth in Section 3. 1.

3. 3. Contractor will not be compensated for any work performed not authorized by City and specified in Section 1. 0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A and/ or any modified rates agreed to by City pursuant to Section 3. 2. 1 for any extension.

4. 0 Method of Payment
Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.
4 of 20

5. 0 Termination

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

5. 2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5. 3. In the event of termination, City shall compensate Contractor for all services satisfactorily performed up to the date of termination. City shall not be obligated to Contractor for services performed after the date of termination.

Contractor shall deliver all records, equipment and materials ( to the extent equipment and/ or materials are owned by City), finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation related to the performance of this Agreement to City within three ( 3) business days of the date of expiration or termination of this Agreement. Neither party shall have any other claim against the other party by reason of such expiration or termination.

6. 0 Party Representatives

6. 1. The City Manager is the City' s representative for purposes of this Agreement.

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

7.0 Notices

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

To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
5 of 20
To Contractor: ACCO Engineered Systems, Inc.
2201 Park Place, Suite 400
EI Segundo, CA 90245
Attn: Andy Lufkin

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

8. 0 Licenses
Contractor represents and agrees that all personnel engaged by Contractor in performing the Services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor further represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide notice to the City Manager. Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency

9. 0 Independent Contractor

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

9. 2. All of Contractor' s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor' s exclusive direction and control. Contractor and Contractor' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Contractor' s personnel. Contractor' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City, and Contractor' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services 6 of 20
under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor' s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor' s choice, except as otherwise may from time to time be necessary in order for Contractor' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor' s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

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

9. 4. In addition to all other provisions of this Agreement, Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. This duty shall survive the expiration or termination of this Agreement.
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10. 0 PERS Compliance and Indemnification

10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

10. 2. Indemnification. In addition to all other provisions of this Agreement, Contractor shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor' s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. This duty shall survive the expiration or termination of this Agreement.

11. 0 Confidentiality

11. 1. Contractor covenants that all data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, information, materials or other documents and records of any kind developed or prepared by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/ or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.
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11. 2. Contractor shall promptly notify City should Contractor, its directors, officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11. 3. Contractor' s covenants under this Section shall survive the expiration or termination of this Agreement.

12. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.

13. 0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights, or delegate any duties or interest in this Agreement, either in whole or in part, without the prior written consent of City. Any purported assignment or delegation without City' s consent shall be void and without effect.

14. 0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts, data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media files, computer files, electronic files and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be maintained in accordance with applicable law ( including but expressly not limited to, the Labor Code with respect to prevailing wages) and generally accepted accounting principles and shall be clearly identified and readily accessible. Upon 24- hour notice from City, Contractor shall allow City or City' s agents or representatives to inspect at Contractor' s offices during regular business hours, all such records, and to examine and audit the same and to make copies and transcripts as City deems necessary, and to inspect and audit all work, proceedings, activities and all other 9 of 20
matters related to this Agreement. Contractor shall retain all such records, with supporting documents for at least three ( 3) years after expiration of this Agreement, termination of this Agreement, or final payment under this Agreement, whichever occurs later. City' s rights under this Section 14. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

15.0 Ownership of Documents and Work Product

15. 1. All reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, or information, materials or other documents developed or prepared by Contractor and/ or required to be furnished to City in connection with this Agreement shall become City' s property, and City may use all or any portion thereof submitted by Contractor as City deems appropriate. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data that are not otherwise vested in City pursuant to the preceding sentence.

15. 2. Upon completion of the Services, or in the event of expiration or termination of this Agreement, Contractor shall deliver to City all original records and other deliverables related to this Agreement without additional cost or expense to City. If Contractor prepared any records on a computer, Contractor shall provide City with said records both in a printed format and in an electronic format that is acceptable to City. Such records shall become City' s sole property and may be used, reused or otherwise disposed of by City without Contractor' s permission.

16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

17. 0 Familiarity with Work
By executing this Agreement, Contractor represents that it has: ( a) thoroughly investigated and considered the scope of services to be performed; ( b) carefully considered how the Services should be performed; and ( c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
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18. 0 Insurance

18. 1. General Requirement. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section.

18. 2. Minimum Scope of Insurance Coverage. Contractor shall, at its expense, procure, maintain and keep in full force and effect for the term of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement by Contractor, and its directors, officers, agents, representatives, employees, and subcontractors. Coverage shall be at least as broad as the latest version of the following:

18. 2. 1. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 0001, with limits no less than $ 2, 000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit.

18. 2. 2. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto), including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $ 2, 000,000 per accident for bodily injury and property damage.

18. 2. 3. Workers' Compensation and Employer' s Liability coverages. Contractor shall maintain Workers' Compensation in the amount required by law, and Employer' s Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease.

18. 3. Cancellation or Modification to Coverages. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to contain the following provisions:

18. 3. 1. Coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City;

18. 3. 2. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its elected and appointed officials, officers, 11 of 20
employees, agents, volunteers, and those or agents serving as independent contractors in the role of City officials;

18. 3. 3. Coverage shall be primary insurance as respects City, its officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor' s insurance and shall not be called upon to contribute with it;

18. 3. 4. Tor general liability insurance, that City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and for automobile liability, that City, its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible.

18. 4. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. A severability of interests provision must apply for all additional insureds ensuring that Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer' s limits of liability. The policy( ies) shall not contain any cross-liability exclusions.

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

18. 6. Acceptability of Insurers. Insurance shall be placed with insurers with a current A. M. Best' s rating no less than A:VIII, licensed to do business in California, and satisfactory to City.
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18. 7. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall be endorsed to waive the insurer' s right of subrogation against City and its officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery and all rights of subrogation against City .

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

18. 9. Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements evidencing and effecting the coverages required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

18. 10. Enforcement of Contract Provisions ( Non -Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

18. 11. Subcontractors. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation on Contractor' s liability or full performance of Contractor' s duty to indemnify City under any provision of this Agreement.
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18. 13. Additional Insurance/ Broader Coverage. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

19. 0 Indemnification, Hold Harmless, and Duty to Defend

19. 1. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Agreement) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, protests, stop notices, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (individually a " Claim" and collectively " Claims"), in law or equity, whether actual, alleged or threatened, in any manner which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its owners, directors, officers, agents, servants, employees, subcontractors, materialmen, suppliers, consultants, contractors, or subcontractors, or their owners, directors, officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

19. 2. Bid Protests. In addition to all other obligations under this Section, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest or any other challenge or protest to City' s purchasing procedures.

19. 3. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that this Agreement is subject to Civil Code Section 2782( a) or City' s 14 of 20
active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

19. 4. Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor' s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to the City any reimbursement or indemnification arising under this Section.

19. 5. Public Safety. Contractor shall perform all Services in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Services by Contractor or its directors, officers, employees, agents or subcontractors.

19. 6. Subcontractor indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 19. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

19.7. Workers' Compensation Acts Not Limiting. Contractor' s indemnification obligations under this Section or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to City and all other Indemnitees.
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19. 8. Insurance Requirements Not Limiting. Contractor's indemnification obligations set forth in this Section 19. 0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement, or by any insurance proceeds, if any, received by Contractor or Indemnitees, and this Section 19.0 shall apply to all Claims regardless of whether any insurance policies are applicable.

19. 9. Survival of Terms. Contractor' s covenants under this Section 19. 0 shall survive the expiration or termination of this Agreement. City may offset aaainst the amount of any fees due to Contractor under this Aareement any mount due to City -from Contractor as a result of Contractor' s failure to oromotly pay to City any reimbursement or indemnification arisina under this Section

20. 0 Equal Opportunity and Nondiscrimination

20. 1. Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate, harass or retaliate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, physical disability, mental disability, medical condition, genetic information, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any other basis protected by federal, state or local laws, including but is not limited to, in all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

20. 2. Contractor warrants that in providing the Services, Contractor shall not discriminate, harass or retaliate against any customer, patron, client, or other member of the public because of race, religion, color, national origin, handicap, physical disability, mental disability, medical condition, genetic information, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, military or veteran status, or any or other basis protected by federal, state or local laws.

21. 0 Workers' Compensation Certification
Labor code Sections 1860 and 3700 provide that every employer is required to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code. In accordance with those statutes, by signing this Agreement, Contractor certifies as follows:
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract."
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22.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

23. 0 Warranty
Contractor warrants that it shall perform the Services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages, occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor' s performance under this Agreement.

24. 0 Non -Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

25. 0 Time of Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing may not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

26. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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27. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

28. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. This Agreement is made, entered into, and executed in Orange County, California, and any action filed in any court or administrative agency for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court or administrative agency in Orange County, California.

29.0 No Third Party Rights
This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party as a result of this Agreement.

30. 0 Waiver
The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.

31. 0 Prohibited Interests; Conflict of Interest

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

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 18 of 20

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

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

32. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees, experts' fees, and other costs incurred in connection therewith, in addition to any other relief to which the party may be entitled.

33. 0 Interpretation
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.

34. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
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35. 0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

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

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH CONTRACTOR: ACCO Engineered
n r\ Systems, Inc., a California corporation
By' Al M.Aw I By
R—Ingram' Ci y M n er : Name:

Its:
f,
1r:,. 1 _ YiIN/ 1JF y.

Attest:
qcD
t1 ` ame:

Assistant Secretary
Glofia D. Harper, Cit
Please note, two signatures required
for cmme) ratinns minwant to r`nlifnmin
Corporations Code Section 313 from
Approve? as For each of the following categories: ( i) the chairperson of the board, the president
or any vice president, and ( ii) the
By: secretary, any assistant secretary, the
raig A. Steele, City Attorney chief financial officer or any assistant treasurer of such corporation.)
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EXHIBIT A
Contractor' s Proposal
GORDIAN@
Work Order Signature Document
EZIQC Contract No.: CA -REN -SCR -M01 -062718 -AES
ElNew Work Order Modify an Existing Work Order
Work Order Number.: 092636. 00 Work Order Date: 06/ 18/ 2021 Work Order Title: Seal Beach - HVAC Preventative Maintenance Owner Name: SOCAL REN - City of Seal Beach Contractor Name: ACCO Engineered Systems Contact: Iris Lee Contact: Andy Lufkin
Phone: ( 562) 431- 2527 Phone: 424- 201- 0153
Work to be Performed
Work to be performed as per the Final Detailed Scope of Worts Attached and as per the terms and conditions of EZIQC Contract No CA -REN -SCR -M01 -062718 -AES.

Brief Work Order Description:

City of Seal Beach - HVAC Preventative Maintenance
Time of Performance Estimated Start Date:

Estimated Completion Date:

Liquidated Damages Will apply: X
Will not I
Work Order Firm Fixed Price: $ 60, 598. 58
Owner Purchase Order Number:

Approvals
Owner Date Contractor Hugh Palmer Date
Assistant Secretary
n f oIgrwwre uocumenc

Page 1 of 1 ends

6/ 1812021
Detailed Scope of Work
To: Andy Lufkin
ACCO Engineered Systems
2201 Park Place, Suite # 400
EI Segundo, CA 90245
424- 201- 0153
Date Printed: June 18, 2021
GORDIAN@
From: Iris Lee
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
562) 431- 2527
Work Order Number: 092636. 00
Work Order Title: Seal Beach - HVAC Preventative Maintenance Brief Scope: City of Seal Beach - HVAC Preventative Maintenance Preliminary FIRevised Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

City of Seal beach - HVAC Preventative Maintenance
See attached detailed scope of work.

Prevailing wage rates apply.

Subject to the
Contractor
Owner
cope or wank
Contract CAREN -SCR -M01. 062718 -AES.

Hugh Palmer
Assistant Secretary
711 / 2e2 t
Date
Date

Page 1 of 1 ends

6/ 18/ 2021
ACCO engineered
ems

CITY OF SEAL BEACH
2021 HVAC Maintenance
and Repair Services
engineered
systems
ACCOCARE Preventive Maintenance Agreement
engineered
systems

ACCOCARE

HVAC PREVENTIVE MAINTENANCE AGREEMENT FOR
Test
ACCOCare
Under the ACCOCare Preventive Maintenance Agreement, our technician( s) will visit your facility to perform scheduled maintenance inspections and services on the listed equipment as per the scope and service frequencies described herein.

SCOPE OF WORK
Eon no 16, T

CONDENSING UNITS
CONDENSER• CONDENSER ( Routine)• QUARTERLY
Check for excessive noise and \ nbration.
isually inspect electrical connections.

Inspect condenser coils.

Visual check for refrigerant leaks.

Ensure all access panels are properlysecured and all screws are re -installed.

CONDENSER • COIL CLEAN, CONDENSER • ANNUAL
Clean condenser coils.

Clean up area.

MINI SPLIT CONDENSING UNIT • MINI SPLITCONDENSING UNIT ( Routine) • QUARTERLY Check for excessive noise and bration.

Check refrigerant sight glass ( if applicable).

Visual check for refrigerant leaks.

Usuallyinspect electrical connections.

Check operating temperature and pressure controls
Check condenser fans.

Verify compressor operation.

Inspect reversing valve for operation ( if applicable).

Inspect condenser coils.

Ensure all access panels are properly secured and all screws are re -installed.

MNI SPLIT CONDENSING UNIT • COIL CLEAN, CONDENSER • ANNUAL Clean condenser coils.

Gear, up area.
i'
Powered by I
SCOPE OF WORK ( continuation...)

AIR HANDLERS / FANS
FAN COIL UNIT • FAN COIL UNFT ( Routine) • QUARTERLY
Check evap coil temperature differential.

Inspect unit condition.

Check for excessive noise and ubration.

Lubricate motor and fan shaft bearings ( as needed).

Usual check for leaks.

Check operating temperature and pressure controls.

Check fan operation.

Inspect gas furnace section for wear and proper operation ( if applicable).

Usuallymspect electrical connections.

Check operation of condensate pump ( if applicable i.

Dispense condensate pan tabu) as appropriate
Ensure all access panels are properlysecured and all screw are re -installed.

FAN COIL UNIT- FILTER REPLACEMENT- QUARTERLY
Replace filter, ensure proper fitment.

Properly d, spose of used filter.

FAN COIL UNIT • BELT REPLACEMENT • ANNUAL
Replace belts, adjust as appropriate.

Dispose of used belt.

PACKAGE A/C UNITS
PACKAGE AC UNIT • PACKAGE AC UNIT ( ANNUAL) • ANNUAL
ANNUAL
Lock out' tag out.

Check and tighten electrical connections
Check safeties.

Check contactor( s).

Inspect burner assemblyfor defects
Check igniter cif applicable).

Usuallyinspectdamper(s).

Lubricate as required.

Check for proper fan operation.

PACKAGE AC UNIT • FILTER REPLACEMENT • QUARTERLY
Replace filter, ensure proper fitrnent.

Properly d spose of used filter.

PACKAGE AC UNIT • PACKAGE AC UNIT ( Routine) • QUARTERLY Check evap cod temperature differential_
Check for excessive noise and 'ebration.
onenIneered
s
stems
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SCOPE OF WORK ( continuation...)
Lubricate motor and fan shaft bearings as needed).

Usual check for refrigerant leaks.

Verify compressor operation.

Usually inspect electrical connections.

Inspect AFD for proper operation ( if applicable).

Check economizer setpoints and operation.

Check operating temperature and pressure controls.

Check fan( si operation.

Inspect gas furnace section for Near and proper operation ( if applicable).

Dispense condensate pan tab( s) as appropriate
Check operation of condensate pump ( if applicable).

Check condensate P -Trap and purge ( as needed).

Check condition and cleanliness of condensate penis).

Ensure all access panels are properlysecured and all screws are re -installed.

PACKAGE AC UNIT • CONDENSATE PAN CLEANING • QUARTERLY
Clean condensate pan. check drain system.

PACKAGE AC UNIT • COIL CLEAN, CONDENSER • ANNUAL
Clean condenser coils.

Clean up area.

PACKAGE AC UNIT • BELT REPLACEWENT • ANNUAL
Replace belts, adjust as appropriate.

Dispose of used belt.
nen sneered
systems
MW
Report equipment condition to facility representative, including any repair requirements.

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SCOPE

ACCO AGREES

1. To perform services as detailed above.

I I
engineered
sy ems

2. To furnish the Customer with a report of any irregularities revealed as a result of the inspection and adjustments.

Corrective measures or repairs that are required will be recommended to Customer.

3. To obtain Customer approval before billable repair work is performed.

4. To service only the equipment listed.

5. To report to the person or office designated in writing by Customer. Customer to inform ACCO of changes in personnel.

EXCLUDED FROM THIS AGREEMENT

1. Service, repair, adjust, clean, or replace parts of any of the following unless specifically included in the Scope: Air balancing; boiler tubes, duct work; cabinet interiors and exteriors; drains which are not a part of the equipment covered bythis plan; heating, cooling and condenser coils; electrical wiring and components before and after equipment disconnect; surfaces exposed to air and water as part of the system performance ( such as sump pans, evaporative condenser tube bundles, tower and evaporative condenser distributors, panels, fans, shafts, etc.); recording instruments, gauges, and thermometers and building automation/direct digital control systems.

2. All work will be performed on normal working hours unless specifically defined on overtime working hours here.

3. Testing, monitoring, reporting, consulting or making remedies relating to indoor air quality ( IAQ).

4. Testing, inspecting, calibrating or adjusting of any building automation/ energy management, pneumatic or electronic controls systems or components unless specifically included elsewhere in this agreement.

5. Inspection or functional testing offire/life safety systems or components.

6. Cleaning of air registers, grilles, ducts, and fans.

7. The cost of repair parts, replacement parts, emergency calls and refrigerant.

8. Visual or physical inspection of building structural components or systems.

9. Labor costs other than that required under the ACCOCareTm agreement.

ADDITIONAL CONDITIONS
None
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TERMS AND CONDITIONS , e aneered
sys ems
MW
TERMS:

1. The ACCOCareTM service shall commence on the date noted on the contract Either party mayterminate this agreement by giving the other party thirty (30) days prior written notice.

2. Failure to make payment when due, or impairment of owner' s credit, shall relieve ACCO of the obligation of further performance of this agreement.

3. This agreement is subject to annual price escalation after the first year of service.

PRICING:

The annual price for this agreement will be Per ezIQC Sourcewell Pricing Schedule of Invoice and Activities to be Determined Upon Acceptance.

GENERAL CONDITIONS:

1. After first inspection, if any unusual circumstances ( i. e. number or type of units, fitter type/ quantity, access problems, unforeseen obstacles, etc.) are uncovered that require contract pricing modifications, they will be brought to the attention of the Customer.

2. For the convenience of both Customer and ACCO Engineered Systems, Customer will permit ACCO Engineered Systems personnel the use of common building equipment, such as ladders, elevators, etc., together with free and timely access to necessary areas.

3. ACCO Engineered Systems will not be required to remove, replace or alter any part of the building structure in the performance of this agreement.

4. Both Customer and ACCO Engineered Systems agree that all work referred to in this agreement shall be performed during the regular working hours of 7:00 AM to 4: 30 PM, Monday through Friday, excluding Holidays.

5. The Customer agrees to make prompt payments. Should a payment become thirty (30) days delinquent, this contract may become null and void at any time thereafter at the option of ACCO, and all moneys owed ACCO will become due upon demand.

6. To assure best performance the Customer should operate the system and all equipment properly and as per manufacturer' s instructions. Expenses to ACCO caused by improper operation, negligence, misuse of the equipment, or by any cause beyond the control of ACCO, shall be paid by the Customer.

7. Operational efficiency will be assured if all necessary work is performed or equipment added by qualified ACCO Engineered Systems personnel. In the event of any alterations, additions, adjustments, or repairs by others unless authorized by ACCO Engineered Systems) ACCO assumes no responsibility and has the option to terminate this agreement.

8. This agreement covers the complete understanding between ACCO and Customer, and shall become a valid contract only when accepted and approved by authorized person for both parties. No verbal representations shall be binding on either party.

9. Any parts that are not available from normal sources in the judgment of ACCO, and which may impair proper operation, may only be repaired or replaced with customer consent.

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City of Seal Beach
HVAC Maintenance & Repair Services

LOCAL STAFFING LIST
engineered
systems
Mechanical Services
818 / 730- 5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
Andy Lufkin will be the Senior Project Manager assigned to this account. Andy lives locally in Seal Beach and looks forward to helping ensure his City is operating as efficiently as possible. Andy has worked with ACCO Engineered Systems for almost 15 years. Oscar Villalobos will work on Andy' s team. Both Andy and Oscar will be able to coordinate site visits with our in- house HVAC Service Team as well as prepare any bid proposals that may arise throughout the course of the contract.

Forrest Brown is the HVAC Area Supervisor who oversees 10+ HVAC techs dedicated to Orange County. When Forrest receives a request from Andy or Oscar, we can mobilize a tech and have them onsite within 2- 4 hours during normal working hours.

COMPANY QUALIFICATIONS
ACCO has one of the largest and most experienced service departments in the nation. We provide service and long-term maintenance agreements to over 7,600 accounts throughout the Western United States. Properly maintained mechanical and control systems conserve energy, increase productivity and satisfy the needs of owners, tenants and production managers.

ACCO field service mechanics are trained signatory apprentices and journeymen dedicated solely to servicing HVAC mechanical systems, DDC Controls systems and water treatment applications.

ACCO has one of the most modern fleets in the industry. We have over 300 truck -based mobile field mechanics who can respond on site in less than 4 hours, 24 hours a day, 7 days a week.

ACCO reduces emergency repair costs by providing comprehensive maintenance solutions. This extends the life of the equipment, prevents catastrophic failures and ensures energy efficiency.

ACCO' s engineering team can handle any size and any type of project, from a small package system to a complex manufacturing facility. We have the experience and know how to ensure that your system will run efficiently and deliver the best possible results tailored to your needs.
1 Pa=
City of Seal Beach
HVAC Maintenance & Repair Services

UNDERSTANDING AND APPROACH
QD engineered
systems
Mechanical Services
818 / 730- 5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
When ACCO Engineered Systems accepts a job, we accept all the responsibility that goes with it. An ACCO Project Manager supervises the project from the initial contact through conceptual studies, engineering design, energy studies, sales, and construction ( including final start- up and balancing). The responsibility continues through final acceptance and the warranty period.

For your project, an ACCO Project Manager will be your personal representative.

This individual is your contact from the inception of your project through completion and on-going warranty. Your Project Manager's responsibility is to get your job completed on time and on budget.

ACCO has locations throughout California. Depending on the location of each project and the type of project, an ACCO Engineered Systems Project Manager will be selected as the Project Manager for each specific project.

ACCO pioneered this single source of responsibility to assure that we adhere strictly to all of the project requirements, quality demands and time schedules.

We meet your deadlines.

Keeping on schedule requires a large amount of up-to-date information. ACCO maintains a computerized database on all projects to allow project managers to have immediate access to up-to- date labor reports, equipment and materials status, and time and cost accounting.

REFRENCES
PROJECT NAME: Santa Ana Courthouse AHU retrofit
AGENCY NAME: Superior Courts of Orange County
OWNER CONTACT ( NAME. PHONE. & EMAIQ:
o Michael Robinson
o ( 858) 226- 7352
o Michael. Robinson@jud. ca. gov
DESCRIPTION OF PROJECT:
a. Objective: Remove and replace ( 21) Air Handling Units & install new automation system
CONSTRUCTION VALUE & DURATION:
a. Construction Value: $ 4, 325, 000. 00
b. Project Dates: 04/ 2018 — 02/2019
PROJECT NAME: Larson Justice Center Central Plant Upgrade 21, P age
City of Seal Beach
HVAC Maintenance & Repair Services
QDengineered
systems
Mechanical Services
818 / 730- 5845 Cell
2201 Park Place
Suite # 400
AGENCY NAME: Superior Courts of Riverside County
EI Segundo, CA 90245
OWNER CONTACT ( NAME, PHONE, & EMAIL):
o Herbert Aceves
0 951- 217- 3444
o Herbert. Aceves@riverside. courts. ca. gov
DESCRIPTION OF PROJECT:
a. Objective: Remove & replace ( 2) chillers & ( 2) Cooling towers & upgraded building management systems sequence of operation with no downtime to the courthouse.

New systems will greatly increase plant efficiency
CONSTRUCTION VALUE & DURATION:
a. Construction Value: $ 1, 100, 000. 00
b. Project Dates: 01/ 2019 — 09/ 2019
PROJECT NAME: LACCD Chiller Overhaul JOC
OWNER: Los Angles Community College District
OWNER CONTACT ( NAME, PHONE, & EMAIL):
o Rus Miller
o 213 891 2127
o MILLERJR@email. laccd. edu
DESCRIPTION OF PROJECT:
a. Objective: Overhaul the existing chillers at ELAC College CONSTRUCTION VALUE & DURATION:
a. Construction Value: 400k
b. Project Dates: 04/ 2020 — 04/ 2021
PROJECT NAME: OCSD Santiago Peak
OWNER: Orange County Sheriffs Department
OWNER CONTACT ( NAME, PHONE, & EMAIL):
o Steve Compton
0 714- 581- 3063
o
scompton@ocsd. org
DESCRIPTION OF PROJECT:
b. Objective: Remove and replace ( 4) Package Units
CONSTRUCTION VALUE & DURATION:
c. Construction Value: 115k
d. Project Dates: 06/ 2020 — 12/ 2020
PROJECT NAME: Cal State University Office of the Chancellor's HVAC Maintenance OWNER: Cal State University
OWNER CONTACT ( NAME, PHONE, & EMAIL):
3Page
City of Seal Beach
HVAC Maintenance & Repair Services
o Tony Covarrubias
0 562- 480- 72002
o tcovarrubias(& calstate. edu
DESCRIPTION OF PROJECT:
c. Objective: HVAC Maintenance on all the mechanical equipment at the chancellor' s office
CONSTRUCTION VALUE & DURATION:
e. Construction Value: 40k
f. Project Dates: 06/ 2016 — 06/ 2020 ( 5 Years)

SAMPLE PROPOSAL LETTER
QD systems d
Mechanical Services
818 / 730- 5845 Cell
2201 Park Place
Suite # 400
EI Segundo, CA 90245
Major Equipment replacements will be submitted utilizing the eGordian Cost Data software and will be reviewed with the Owner to ensure 100% accuracy and scope inclusion is correct. See attached sample from Seal Beach City Hall HVAC Replacement project completed utilizing the Sourcewell Cooperative Purchasing Agreement. See attached for sample proposal.

EXCEPTIONS
None Noted

BUSINESS ENTITY
ACCO is an employee owned California Corporation that was established in 1934. We are a mechanical contractor who specializes in HVAC.

DIR & CONTRACTOR LICENCE #
DIR: 1000000546
CA License #: 120696 ( C-4, C-20, C-36, C-38, C- 10, B, A)

CONTRACT SIGNATORIES
See attached
4 1 P a - e
engineered I systems

CERTIFICATE OF CORPORATE RESOLUTION
I, Robert M. Osier, Secretary of ACCO Engineered Systems, Inc., a California Corporation the Corporation") DO CERTIFY that the following is a true and complete copy of a resolution adopted by the Board of Directors of the Corporation on January 29, 2020, and thereafter modified by the Executive Committee pursuant to Board authorization, and that said resolution has not been rescinded, removed, amended, or modified in any respect and remains in full force and effect as of the date hereof.

CONTRACT, BOND, AND OTHER AGREEMENTS

SIGNING AUTHORITY RESOLUTION
RESOLVED, that this Corporation does hereby authorize Charles Darway, Ronald Falasca, John Hansen, Jeffrey Marrs, John Petersen, Steven Tuttle, Kenneth Westphal, and Richard Yates in the ordinary course to sign contracts, bonds, and other agreements on behalf of the Corporation.

Additionally, these individuals have the authority to authorize in writing, on a case- by-case basis, any of the individuals listed below to execute contracts, bonds, and other agreements in a higher amount than authorized below.

RESOLVED, that this Corporation does hereby authorize Mark Dauw and Thomas Reynolds, and, with the written approval of Messrs. Dauw or Reynolds or any of the persons with unlimited authority identified immediately above, for a specific document Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $5, 000,000 on behalfofthe Corporation.

RESOLVED, that this Corporation does hereby authorize David Anderson, Erik Dibble, Robert Felix, Kevin FitzGerald, Larry Jimenez, Gregg Holbrook, Mark Lanphere, Robert Osier, and Carlton Seyforth, in the ordinary course of business to sign contracts, bonds, and other agreements of $2,000,000 orless onbehalfofthe Corporation.

RESOLVED, that this Corporation does hereby authorize Tareq Barakzoy, Jonathan Bell, Wesley Coffey, Richard Ferreira, Charles Oberosler, David Osbum, Michael Potts, Leland Roberts, and Richard Wilson in the ordinary course of business to sign contracts and bonds of $1, 000,000 or less on behalfofthe Corporation.

RESOLVED, that this Corporation does hereby authorize Bryan Cooper, Scott Ellis, Thomas Montgomery, Curtis Osborne, Hugh Palmer, and Christopher Way in the ordinary course of business to sign contracts and bondsof $ 500, 000 or lesson behalfof the Corporation.

RESOLVED, that this Corporation does hereby authorize Richard Adams, Arvin Dalnay, Brandon Ellis, Joseph Fitzgerald, Todd Ginn, Max Grek, Daniel Grumbles, Gregory Guizado, Ryan Leahy, Epifanio Ramirez, Patrick Rochon, Todd Ulma, and Richard Walker in the ordinary course of business to sign contracts of $250, 000 or less on behalf of the Corporation.

WITNESS THEREOF, the undersigned has set his hand and affixed the seal of this Corporation on this 16th day of July 2020.
e uc M,. Niv
Robert M. Osier, Corporate Secretary

Page 1 of 1 ends

Date: 6/ 18/ 2021
Work Order #: 092636. 00
Title: Seal Beach - HVAC Preventative Maintenance
Contractor: ACCO Engineered Systems
Contractor Number: CA -REN -SCR -M01 - 062718 -AES
Job Order Value: $ 60, 598. 58
Proposal Name: Seal Beach - HVAC Preventative Maintenance Proposal Value: $ 60, 598. 58
Cato

AS NEEDED HVAC MAINTENANCE REPAIR FUND
tirwTowl
15, 000. 00
BOLSA CHICA WELL 757. 35
ANNUAL 284. 54
QUARTERLY 472. 81
CITY HALL 4, 391. 97
ANNUAL 2, 419. 53
QUARTERLY 1, 972. 44
CITY YARD 3, 156. 33
ANNUAL 1, 787. 23
QUARTERLY 1, 369. 10
LIBRARY 3, 443. 23
ANNUAL 2, 155. 34
QUARTERLY 1, 287. 89
MARINA COMMUNITY CENTER 3, 605. 65
ANNUAL 2, 195. 94
QUARTERLY 1, 409. 71
NORTH SEAL BEACH COMMUNITY CENTER 1, 749. 93
ANNUAL 984. 16
QUARTERLY 765. 77
OLD CITY HALL 7, 971. 14
Contractor Price Proposal Summaries - Category 1 of 2
ANNUAL 4, 345. 34
QUARTERLY 3, 625. 80
POLICE PIER SUB -STATION 887. 88
ANNUAL 415. 07
QUARTERLY 472. 81
POLICE STATION 15, 561. 46
ANNUAL 8, 309. 87
QUARTERLY 7, 251. 59
TENNIS CENTER 4, 073. 63
ANNUAL 1, 660. 29
QUARTERLY 2, 413. 34
Grand Total: $ 60, 598. 58
This work order proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals.

The Percent of NPP on this Proposal: 0. 00
Contractor Price Proposal Summaries - Category 2 of 2
Contractor' s Price Proposal - Detail
Date: June 18, 2021
Re: IQC Master Contract #: CA -REN - SCR - M01 - 062718- AES Work Order #: 092636. 00
Owner PO #:

Title: Seal Beach - HVAC Preventative Maintenance
Contractor: ACCO Engineered Systems
Proposal Value: 60, 598. 58
sect. Item Mod. UOM Description Line Total
Labor Equip. Material ( Excludes)
01 - General Requirements
1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible 15, 000. 00 costs. The base cost of the Reimbursable Fee is $ 1. 00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee ( e. g. quantity of 125 = $ 125. 00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the " note" block to identify the Reimbursable Fee ( e. g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.

Quantity Unit Price Factor Total
Installation
15, 000. 00 x

1. 00 x 1. 0000
15, 000.00
As Needed HVAC Repair Fund
2 01 22 20 00 0079 HR Manufacturer Technical AdvisorFor oversight of installation of special 5, 221. 20 manufactured equipment. Advisor to be requested by and cost to be approved by Owner only.