term of the Agreement was for three years, with two optional one-year extensions, for a potential total of five years.
Based upon the performance and collaborative relationship that has developed, City staff desires to continue the partnership with Data Ticket for the processing of parking citations. Amendment No. 1 proposes to extend the term of the Agreement to and including December 9, 2023; and to authorize the City Manager the option to exercise one additional one-year extension on the same terms and conditions.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved Amendment No. 1 and the proposed resolution as to form.
FINANCIAL IMPACT:
This is a Police Department budgeted item. Additionally, this vendor has a set fee schedule which is collected on a transaction basis prior to releasing funds to the City.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That City Council adopt Resolution 7449:
1. Approving Amendment No. 1 to the Professional Services Agreement dated December 9, 2019 (“Agreement”), between the City of Seal Beach and Data Ticket, Inc. (“Data Ticket”) for certain parking enforcement equipment, technologies, and services to the City, extending the term of the Agreement to and including December 9, 2023, on the same terms and conditions, and finding that Data Ticket waived its right to thirty (30) days’ prior notice of City’s option to extend the Agreement; and,
2. Authorizing and directing the City Manager, or her designee to execute Amendment No. 1 to the Agreement; and,
3. Authorizing the City Manager, the option to extend the Agreement up to one additional one year term, on the same terms and conditions.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson , Chief of Police Jill R. Ingram, City Manager Prepared by: Nick Nicholas, Support Services Captain
ATTACHMENTS:
A. Resolution 7449
B. Professional Services Agreement with Data Ticket, Inc. Amendment No. 1 C. Professional Services Agreement with Data Ticket, Inc., December 9, 2019 RESOLUTION 7449
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT DATED DECEMBER 9, 2019, WITH
DATA TICKET, INC. FOR CERTAIN PARKING ENFORCEMENT
EQUIPMENT, TECHNOLOGIES, AND SERVICES TO THE CITY
OF SEAL BEACH, IN ORDER TO EXTEND ITS TERM BY ONE
YEAR AND TO PROVIDE FOR ONE ADDITIONAL ONE-YEAR
EXTENSION.
WHEREAS, the City previously entered into a Professional Services Agreement with Data Ticket Inc. (“Data Ticket”) for provision of certain parking enforcement equipment, technologies, and services for the Seal Beach Police Department; and,
WHEREAS, Data Ticket has provided exceptional services related to parking technology; and,
WHEREAS, the City performed a detailed review of other providers and Data Ticket will serve the City’s needs best.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves Amendment No. 1 of the Professional Services Agreement dated December 9, 2019
(“Agreement”), between the City of Seal Beach and Data Ticket Inc. for certain parking enforcement equipment, technologies, and services to the City, extending the term of the Agreement to and including December 9, 2023 on the same terms and conditions, and finding that Data Ticket waived its right to thirty (30) days’ prior notice of City’s option to extend the Agreement.
Section 2. The City Council hereby authorizes and directs the City Manager, or her designee to execute Amendment No. 1 to the Agreement on behalf of the City.
Section 3. The City Council authorizes the City Manager to extend the Agreement one additional one-year term on the same terms and conditions.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7449 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September, 2023.
Gloria D. Harper, City Clerk
rol 5C
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
H
Data Ticket, Inc.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
This Professional Service Agreement (" the Agreement") is made as of December 9, 2019 ( the "Effective Date"), by and between Data Ticket, Inc. (" Professional Services Provider"), a California Corporation, and the City of Seal Beach (" City"), a California charter city, (collectively, " the Parties").
RECITALS
A. City desires certain professional services.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Professional Services Provider to provide the professional services in the manner set forth herein and more fully described in Section 1. 0.
C. Professional Services Provider represents that it is qualified and able to provide City with such services, and that 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. Professional Services Provider shall provide those services set forth in the attached Exhibit A ("Services), which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Professional Services Provider 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, Professional Services Provider 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, Professional Services Provider hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Professional Services Provider hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Professional Services Provider, and Professional Services Provider' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Professional Services Provider and its staff shall perform the Services in such manner.
1. 5. Professional Services Provider will not be compensated for any work performed not specified in Exhibit A unless the City authorizes such work in 2of16
advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three years, with two additional 1 year extensions on the same terms possible at the City' s sole discretion for a total of five ( 5) years unless previously terminated as provided by this Agreement. City shall give Professional Services Provider written notice of City' s intent to extend this Agreement not less than ninety ( 90) days prior to the end of the original, or extended, Term as applicable. Any extension shall not be effective except upon execution of a written amendment to this Agreement authorized by the City Council, and executed by the City Manager and the Professional Services Provider's authorized representatives.
3.0 Professional Services Provider' s Compensation
3. 1. City will pay Professional Services Provider in accordance with the rates shown on the fee schedule set forth in Exhibit B for the Services, but in no event shall the City pay more than the specific fee listed for the related task set forth in Exhibit B, attached hereto, during the original term.
3. 2. In the event that the City elects to extend the original term in accordance with Section 2. 0 of this Agreement, City will pay Professional Services Provider in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services, but in no event shall the City pay more than the specific fee listed for the related task set forth' in Exhibit B, attached hereto, during each extension.
3.3. Any additional work authorized by the City pursuant to Section 1. 5 will be compensated in accordance with the fee schedule set forth in Exhibit B.
4.0 Method of Payment
4. 1. Professional Services Provider 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 Professional Services Provider within 30 days of receiving Professional Services Provider' s 3of16
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invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Professional Services Provider.
4.2. Upon 24-hour notice from City, Professional Services Provider shall allow City or City' s agents or representatives to inspect at Professional Service Provider' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Professional Services Provider in connection with this Agreement. City's rights under this Section 4.2 shall survive for four (4) years following the termination of this Agreement.
5.0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Professional Services Provider based on reasonable cause, upon giving the other party written notice thereof not less than 60 days prior to the date of termination.
5.2. This Agreement maybe terminated by City upon 10 days' notice to Professional Services Provider, if Professional Services Provider fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6. 1. The City Manager is the City's representative for purposes of this Agreement.
6.2. The Chief Operating Officer is the Professional Services Provider primary representative for purposes of this Agreement.
7.0 Notices
7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740- 6379
Attn: City Manager
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7) 0
To Vendor: Data Ticket, Inc.
4600 Campus Dr., Suite 200
Newport Beach, CA 92660
Attn: Chief Operating Officer
7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8.0 Independent Contractor
8. 1. Professional Services Provider is an independent contractor and not an employee of the City. All Services provided pursuant to this Agreement shall be performed by Professional Services Provider or under its supervision.
Professional Services Provider will determine the means, methods, and details of performing the services. Any additional personnel performing the Services under this Agreement on behalf of Professional Services Provider shall also not be employees of City and shall at all times be under Professional Service Provider' s exclusive direction and control. Professional Services Provider will determine the means, methods, and details by which Professional Services Provider' s personnel will perform the Services. Professional Services Provider shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. Professional Services Provider and all of Professional Services Provider' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.
8.2. All of Professional Services Provider's employees and other personnel performing any of the Services under this Agreement on behalf of Professional Services Provider shall also not be employees of City and shall at all times be under Professional Services Provider' s exclusive direction and control. Professional Services Provider and Professional Services Provider' s personnel shall not supervise any of City's employees; and City's employees shall not supervise Professional Services Provider's personnel. Professional Services Provider' 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 Professional Services Provider' s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Professional Services Provider shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Professional Services Provider' s personnel require to perform any of the Services required by this Agreement. Professional Services Provider shall perform all Services off of City premises at locations of Professional Services 5of16
Provider' s choice, except as otherwise may from time to time be necessary in order for Professional Services Provider's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Professional Services Provider' 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.
8.3. Professional Services Provider shall be responsible for and pay all wages, salaries, and other amounts due such personnel in connection with their performance of the Services under this Agreement and as required by law.
Professional Services Provider 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, Professional Services Provider 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.
8.4. Professional Services Provider 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 Professional Services Provider' s personnel practices or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section 8. 0. City shall have the right to offset against the amount of any fees due to Professional Services Provider under this Agreement any amount due to City from Professional Services Provider as a result of Professional Services Provider' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
9. 0 PERS Compliance and Indemnification
9. 1. General Reauirements. 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. Professional Services Provider agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Professional Services Provider shall assure compliance with the Public Embloyees' Retirement Law, commencing at Government Code § 20000, the 6of16
0 Q
regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Professional Services Provider 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.
9.2. Indemnification. Professional Services Provider 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 Professional Services Provider' s violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Professional Services Provider' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
10.0 Confidentiality
Professional Services Provider covenants that all data, documents, discussion, or other information developed or received by Professional Services Provider or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Professional Services Provider without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Professional Services Provider' s covenant under this Section shall survive the termination of this Agreement.
11. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Professional Services Provider is fully responsible to City for the performance of any and all subcontractors.
12.0 Assignment
Professional Services Provider shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
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13. 0 Inspection and Audit of Records
Professional Services Provider shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Professional Services Provider shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Professional Services Provider shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Professional Services Provider shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least four ( 4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later.
14.0 Insurance
14. 1. Professional Service Provider shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Professional Services Provider has secured all insurance required under this Section.
Professional Services Provider shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested.
All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
14.2. Professional Services Provider shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best' s rating no less than A: Vill, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); AC
2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); and, if required by the City, ( 3) Professional Liability. Professional Services Provider shall maintain limits no less than:
1) General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage; and ( 3) Professional Liability:
1, 000, 000 per claim/ aggregate.
14. 3. The insurance policies shall contain the following provisions, or Professional Services Provider shall provide endorsements on forms supplied or approved by the City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the. City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Professional Service Provider' s scheduled underlying coverage and that any insurance or selfinsurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Professional Service Provider' s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Professional Services Provider, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Professional Services Provider or for which the Professional Services Provider is responsible.
14.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
14.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Professional Services Provider guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Professional Services 9of16
Provider shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
15.0 Indemnification, Hold Harmless, and Duty to Defend
15. 1. To the fullest extent permitted by law, Professional Services Provider shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials ( collectively " Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Professional Services Provider, its officers, directors, employees, agents, or subcontractors, or their officers, directors, employees, agents or subcontractors ( or any entity or individual that Professional Services Provider shall bear the legal liability thereof), in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such Ioss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Professional Services Provider shall defend Indemnitees, at Professional Service Provider' s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Professional Services Provider shall reimburse City and its directors, officials, officers, employees, agents and/ or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 10 of 16
15. 2. Subcontractor Indemnification. Professional Services Provider shall obtain executed indemnity agreements with provisions identical to those in this Section 16. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Professional Services Provider in the performance of this Agreement. If Professional Services Provider fails to obtain such indemnities, Professional Services Provider 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 Professional Services Provider's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Professional Services Provider' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except to the extent 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.
15.3. The obligations of Professional Services Provider under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Professional Services Provider expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Professional Services Provider's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Professional Services Provider pursuant to this Agreement, or by the insurance proceeds, if any, received by Professional Services Provider, the City, or any of the other Indemnitees.
15.4. All duties of Professional Services Provider under this Section 15. 0 shall survive the expiration or termination of this Agreement.
16.0 Equal Opportunity
Professional Services Provider affirmatively represents that it is an equal opportunity employer. Professional Services Provider shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
17.0 Labor Certification
By its signature hereunder, Professional Services Provider certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to 11 of 16
undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
18. 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.
19.0 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.
20.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
22. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
23. 0 Prohibited Interests; Conflict of Interest
23. 1. Professional Services Provider 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. Professional Services Provider further covenants that, in performance of this Agreement, no person having any such interest shall 12 of 16
be employed by it. Furthermore, Professional Services Provider shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Professional Services Provider shall not accept any employment or representation during the term of this Agreement which is or may likely make Professional Services Provider " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Professional Services Provider has been retained.
23. 2. Professional Services Provider further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Professional Services Provider, to solicit or obtain this Agreement. Nor has Professional Services Provider paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Professional Services Provider, 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 Professional Services Provider hereunder the full amount or value of any such fee, commission, percentage or gift.
23.3. Professional Services Provider 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 Professional Services Provider, and that if any such interest comes to the knowledge of Professional Services Provider at any time during the term of this Agreement, Professional Services Provider shall immediately make a complete, written disclosure of such interest to City; even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection.
24.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
23.0 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 13 of 16
between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
26.0 Corporate Authority
The person executing this Agreement on behalf of Professional Services Provider 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 Professional Services Provider 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
MXIll
WMA
Attest:
By: AGlod
Approved
By:
Craig v« ciV, very nevi t iay
DATA TICKET, INC.
By: Brook Westcott
Name: Chief Operating Officer
Its:
By:
Name:
Its:
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3 0 6
Exhibit A
Scope of Services
15 of 16
Exhibit B
Fees for Services
16 of 16
DATA 0
TICKET""'
Q Data Ticket - Exhibit A
2603 Main Street, Suite 300
Irvine, CA 92614
949- 428-7241
ClientServices@DataTicket. com
SCOPE OF SERVICE AND PERFORMANCE AGREEMENT
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, California 92614
here -in -after sometimes referred to as " Company")
AND
City of Seal Beach
2118th Street
Seal Beach, California 90740
here -in -after sometimes referred to as " Agency")
The Company intends to provide for the processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the California.
ARTICLE I - CITATION PROCESSING
1. 1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY.
1. 2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by AGENCY to determine ifthe citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY within seven (7) days of receipt, by COMPANY' S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable.
1. 3 Collection and deposit of funds: A " direct deposit" system shall be employed for all funds received in payment of citations. The AGENCY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting AGENCY. The COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty ( 30) days after which interest shall be accrued at the rate of 6%, ( or lower if any statutes, rules or regulations prohibit this rate). If the COMPANY deposits into an account held jointly between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following 1 -
Q 0
Data Ticket - Exhibit A
DATAN 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949- 428- 7241
ClientServices@DataTicket. com
the banking activity, disburse all revenue due the AGENCY, the COMPANY, any tax or surcharge liability and all refunds and provide all supporting documentation for the AGENCY records.
1. 4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and attempt to obtain the name and address of the registered vehicle owner from the State Department of Motor Vehicles ( DMV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the Vehicle Code when identifying registered vehicle owners.
1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases.
1. 6 Delinquency Notices: In accordance with State law, COMPANY will generate and mail presorted, first- class postage) no sooner than allowable by law, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the State Vehicle Code, including, but not limited to the following:
A. The parking citation issuance date and number;
B. The consequences of nonpayment (i. e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for arrest);
C. The amount of fines and fees due and payable;
D. Affidavit of Non -Ownership.
1.7 Registration Holds: The COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and fees due against those vehicles in accordance with the Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law.
1. 8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY.
1. 9 Contested Citations: In the event a registered vehicle owner disputes the 2 -
0 0
Data Ticket - Exhibit A
DATA ® 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET ins. 949- 428- 7241
ClientServices@DataTicket. com
liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/ her right to request an appeal according to the laws in the state of citation issue. All contested citations will be forwarded to the appeals administrator or AGENCY within the prescribed time period so that the matter can be adjudicated.
1. 10 Appeals: If requested by AGENCY, the COMPANY will schedule and conduct appeals in accordance with state law, to respond to parking violators wishing to contest their citations.
The COMPANY will provide a toll-free number for contestants to call, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court if required. The COMPANY shall not be responsible for the AGENCY' S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay any court filing fees due, if appeals are sent to Court and earlier decisions are overturned by the Court.
1. 11 Citations Disposed of by Hearing/ Court: The COMPANY may be required, as. a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/ court action.
Parking citations that are dismissed as a result of hearing/ court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing/ Court.
1. 12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request.
COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY.
1. 13 Payments by U. S. Mail: It is the citizen' s responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due.
1. 14 Parking Citation System Master File Update: COMPANY will regularly, on a daily basis, update the parking citation database with new citations, payments, reductions, cancellations, dismissals and any other pertinent data.
ARTICLE II - PAYMENT PROCESSING
2. 1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two ( 2) years. Closed citations will remain on- line for at least one ( 1) year, for research and 3 -
N
DATAN
TICKET inc.
statistical purposes.
0 Data Ticket - Exhibit A
2603 Main Street, Suite 300
Irvine, CA 92614
949- 428-7241
ClientServices@DataTicket. com
2. 2 Payments Processing: COMPANY shall process citation payments within twenty- four (24) hours of receipt. Payments shall be immediately posted in one ( 1) of three ( 3) following categories:
Regular Payments" are payments with the correct bail, paid on or before the due date.
This includes payments properly complying with prior Notices -of -Intent).
Partial Payments" are payments paid for less than the amount of bail due. A notice or additional correspondence may advise defendant of late charges and/ or incorrect bail.
Court/ Hearing Requests" are all requests for administrative/ court hearings by defendants.
These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved.
2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow-up either by AGENCY or by COMPANY.
2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be scanned and stored electronically on the network for a minimum period of three ( 3) years.
2. 5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments.
All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments, using generally accepted accounting principles.
2. 6 Deposits: All deposits shall be made daily, subject to regular banking hours.
Deposits shall be itemized and detailed information will be captured regarding submitted funds.
Deposit slips shall be prepared in triplicate. If a joint account between COMPANY and AGENCY is opened, all deposits shall be directly deposited and COMPANY shall perform all reconciliation and check generation along with monthly invoicing.
If only the AGENCY' S designated bank account is used, COMPANY will deposit directly into the designated account, but will have no authorization to perform any other duties. Monthly 4 -
Q Q Data Ticket - Exhibit A
DATA 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET Inc. 949- 428- 7241
ClientServices@DataTicket. com
invoicing will be generated by the parking management system and AGENCY will be responsible to reconcile the account and cut all checks. In that case, AGENCY will supply deposit slips and endorsement stamp to COMPANY
2. 7 Revenue Report: A monthly revenue report will list all revenues received during a given month. This report will also provide information regarding the AGENCY' S responsibility for any taxes on collected funds.
ARTICLE III — WEB SITE
3. 1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review and interface of its database, including all citations and information relating to changes in status.
3. 2 Patron Web Site Access: When the AGENCY has web site access, the citizens who receive citations will be able to access the web site to review their individual citations, pay on- line and appeal on- line.
3. 3 Web Site Interaction: The web site may be " view only" or " interactive," for AGENCY staff depending on requirements of the AGENCY.
3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily 24/ 7 schedule and export into Excel for easy flexible reporting.
3. 5 Web Site Cost: User ID' s and passwords will be assigned to the AGENCY at no cost.
ARTICLE IV —ADDITIONAL SERVICES
4. 1 California Vehicle Code 40215: Services provided include accepting, scheduling, reviewing and hearing of first and second level administrative appeals, interfacing and providing backup for Court appearances and notifying AGENCY contestants by phone and in writing of decisions.
The AGENCY shall be responsible to pay the $25. 00 Court filing fee if the review and administrative hearing decisions are overturned by the Court.
4. 2 Other Collections: COMPANY shall retain a percent of payments collected on delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria:
A. Delinquent citations; those for which the California State Department of Motor Vehicles have been placed on a registration hold and/ or dropped from the registration hold due to a transfer of ownership or non -renewal of 5 -
Data Ticket - Exhibit A
DATA 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949- 428- 7241
ClientServices@DataTicket. com
registration or a registration hold has not been placed, but the normal daily processing cycle is complete.
B. Citations with out-of-state license plates.
C. Any other problem or special citations that AGENCY so designates and refers to COMPANY under this Agreement.
4. 3 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY' S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect.
ARTICLE V - GENERAL
5. 1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination, unless the COMPANY has been designated to handle appeals.
5. 2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY' S prior approval.
5. 3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law.
5. 4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the AGENCY' S jurisdiction and referred to COMPANY for processing.
Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY' S location at reasonable times upon adequate prior notice to COMPANY.
5. 5 Ownership: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY, ( collectively the " Materials"), are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder ( collectively the " System") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems.
5. 6 Property of AGENCY: All documents, records and tapes supplied by AGENCY to COMPANY 6 -
0 Q Data Ticket - Exhibit A
DATA 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949- 428- 7241
ClientServices@DataTicket. com
in performance of this contract are agreed to be and shall remain the sole property of AGENCY.
COMPANY agrees to return same promptly to AGENCY no later than forty-five ( 45) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY' S computer facilities to AGENCY' S designated point of delivery, plus any open invoices.
5. 7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the AGENCY' S employees information contained in the Materials and Systems ( collectively the " CONFIDENTIAL DATA"). The AGENCY agrees that information contained' in the data that was marked in writing as " CONFIDENTIAL", " PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 5. 8 hereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure.
5. 8 Consent for Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organizations that are necessary to properly effectuate the terms and conditions of this agreement, unless requested under State or Federal law, subpoena or court order. Agency shall promptly inform Company of any such request or order of disclosure immediately upon receipt by Agency. This Non -Disclosure obligation shall survive the Termination of this Agreement.
5. 9 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for processing under the scope of services. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail.
5. 10 Storage for AGENCY:
A. COMPANY agrees to store original citations, manually scanned or received electronically, on the network for a minimum of three ( 3) years. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data.
B. Subsequent to the termination of the contract, COMPANY will return all hard copies to the AGENCY or shred them. If requested, an electronic file, diskette or CD of all processed data will be available to the AGENCY. 7 -
C
DATA 0
TICKET"`
ARTICLE VI - REPORTS
0 Data Ticket - Exhibit A
2603 Main Street, Suite 300
Irvine, CA 92614
949- 428- 7241
ClientServices@DataTicket. com
6. 1 Periodic Reports: COMPANY will submit reports to AGENCY each month. The reports will provide activities relating to performance under this Scope of Services. Among the reports, which COMPANY will generate, are the following:
A. Report of Revenue Collected for Period
B. Report for Parking Citations Issued for Period
C. A balanced summary report for issuing AGENCY providing the status of all parking citations at the beginning of the period, current period and at the end of the period.
D. A report for issuing Agency identifying registered vehicle owners with multiple outstanding parking citations.
E. A report for issuing Agency identifying the parking citations issued, location, and violation by officer.
6. 2 PCI Compliance Reports/ Certificates: Quarterly and Ad Hoc certificates will be sent to the Agency.
6.3 Annual Reports: Annually, COMPANY shall comply with existing state laws.
ARTICLE VII — TERM OF CONTRACT AND COSTS
7. 1 Terms and Renewals: This Agreement shall be for five ( 5) years commencing as of the last date of signature. Unless notice of termination, is made in writing by either party to the other no less than ninety ( 90) days prior to the end of the scheduled term, this Agreement shall automatically renew for additional one ( 1) year periods. In conjunction with the automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection ofthese price adjustments, the term shall be extended with these price adjustments as stated. If the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate.
7. 2 Cancellation: Upon a material breach or upon ninety ( 90) days written notice to the COMPANY, the AGENCY may cancel or terminate this Agreement. The COMPANY shall have thirty ( 30) days to cure any material breach or defect set forth in the written termination notice provided by the AGENCY.
7. 3 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY during the term of the Agreement for the processing of the citations referred to above. AGENCY a-
Q O Data Ticket - Exhibit A
DATA 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET me 949- 428-7241
ClientServices@DataTicket. com
agrees during the term of the Agreement, to not directly or indirectly engage a competitor of the COMPANY for the performance of the services provided by the COMPANY under this Agreement.
7.4 Costs: Cost shall be charges as set forth in Exhibit A.
ARTICLE VIII — CLAIMS AND ACTIONS
8. 1 AGENCY Cooperation: in the event any claim or action is brought against COMPANY relating to COMPANY' S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within five ( 5) days, of said claim or action.
8. 2 Hold Harmless: COMPANY and AGENCY agree to the following hold harmless Clauses:
A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with the performance by COMPANY or AGENCY or any of their officers, employees or agency under this AGREEMENT, excepting only loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees.
B. AGENCY agrees to indemnify, defend and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs and liabilities for loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of or in connection with the performance by the AGENCY or any of its officers or employees under this AGREEMENT.
ARTICLE IX — SUBCONTRACTORS AND ASSIGNMENTS
9. 1 Subcontracting: COMPANY is authorized to engage subcontracts as permitted by law at COMPANY' S own expense, subcontracts shall be deemed agents of COMPANY.
9.2 Assignments: This contract may not be assigned without the prior consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this Agreement.
ARTICLE X - INDEPENDENT COMPANY
10. 1 COMPANY' S Relationship: COMPANY' S relationship to the AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY' S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall 9 -
O Q
Data Ticket - Exhibit A
DATA 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949- 428-7241
ClientServices@DataTicket. com
pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker' s compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights.
ARTICLE XI — INSURANCE
11. 1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer( s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be cancelled, reduced in coverage or limits or non -renewed except after thirty (30) days written notice has been given to the AGENCY.
A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than two million ($ 2, 000, 000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self-insured retention maintained by the AGENCY, its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy.
B) Comprehensive automobile liability, owned, non -owned and hired vehicles with not less than one million ($ 1, 000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional - insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above.
C) Throughout the period of the Agreement, COMPANY, at its sole cost, shall maintain in full force and effect a policy of worker' s compensation insurance covering all of its employees as required by the labor code of the State of California.
ARTICLE XII — SECURITY PROVISIONS
12. 1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to:
A) All AGENCY employees who are provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings.
io—
a Q Data Ticket - Exhibit A
DATA0 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949. 428- 7241
ClientServices@DataTicket. com
B) All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities.
C) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role.
D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.
E) AGENCY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information.
F) AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with.
G) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.
ARTICLE XIII — ENTIRE AGREEMENT
13..1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties.
13. 2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California.
13. 3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first- class, addressed to the following:
Q
Data Ticket - Exhibit A
DATAN 2603 Main Street, Suite 300
Irvine, CA 92614
TICKET inc. 949- 428-7241
ClientServices@DataTicket. com
AS TO THE AGENCY:
City of Seal Beach
2118th Street
Seal Beach, California 90740
AS TO THE COMPANY:
Data Ticket, Inc.
A California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below.
AGENCY:
CITY OF SEAL BEACH
Signature
Print Name and Title
Date
COMPANY:
DATA TICKET, INC.
Signature
Print Name and Title
Date
12 -
DATAW
TICKET inc.
Data Ticket - Exhibit B
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket. com
FEE SCHEDULE FOR THE CITY OF SEAL BEACH
Manual Parking Citation Processing:
Services for the above-mentioned items include:
0. 85
On- site data entry of manually written citations performed within 48 hours of receipt On- site quality assurance verification of manually entered citations Scanning of all manually written citations onto our network for storage and ease of retrieval Bi -monthly shredding of manually written citations
Electronic Parking Citation Processing: $. 60
Services for the above- mentioned items include:
Automated citation transmission into Data Ticket' s Citation Management Solution 24/ 7 Automated confirmation email detailing successfully transmitted citations Automated transmission of photos attached to citations
Courtesy Notice: $ 0.75
Services for the above-mentioned item include:
Semi -custom Courtesy Notice that is printed on an 8 Y2 x 11" piece of paper and provided in a window envelope sent to the registered owner of a vehicle All notices are attached to the citation online and are viewable via the web All notices sent via 1St Class Mail
All notices include a return envelope in which the responsible party may submit payment This cost will increase as the US Postal Service increases the 1St Class postage rate This charge is only incurred if the individual does not pay off the windshield and a notice is sent to the individual.
Out -of -State Collections: 28%
This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid
Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an assigned ORI, Data Ticket will request usage of the ORI for reference/ audit purposes only.
Data Ticket utilizes its own ORI for transactional purposes This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 26% of revenue collected will be charged If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency does not owe this fee.
10/ 09/ 19
Data Ticket - Exhibit B
2603 , Street, Suite 300 DATA . Irvine, CA 92614
TICKET inc. 949 428- 7241 - Phone
ClientServices@DataTicket. com
FEE SCHEDULE FOR THE CITY OF SEAL BEACH
EXHIBIT A
Delinquent Collections: 30%
This fee will be assessed when a citation is ninety ( 90) days past the citation issue date, or when a second ( 2" d) notice is sent if sooner than ninety (90) days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner
All notices are sent via First Class mail and all notices are printed on an 8'/ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
All notices are attached to the citation online and are viewable via the web If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee
Notices will be sent via 1 St Class Mail, and Data Ticket will be responsible for the cost incurred Franchise Tax Board Processing
SSN Look -up $ 3. 00
This fee will be assessed to lookup a social security number associated with a particular registered owner and address
This charge is charged per unique SSN, not per citation FTB Collections 15% of revenue collected
This fee is charged if a citation is paid at the Franchise Tax Board This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1St Class Mail
All notices are attached to the citation online and are viewable via the web Data Ticket will pay for the Agency' s cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1St Class Mail
10/ 09/ 19
Data Ticket - Exhibit B
2603 MPinStreet, Suite 300 DATA Irvine, CA 92614
TICKET mC 949 428-7241 - Phone
ClientServices@DataTicket. com
FEE SCHEDULE FOR THE CITY OF SEAL BEACH
EXHIBIT A
Adjudication:
1St Level Review Hold & Scanning of Review Request $. 50 per citation Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe
If the request was received within the required timeframe, Data Ticket' s Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it is displayed on the web for the Agency' s Staff
If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a " time expired letter" rejecting the appeal 1St Level Review Disposition Letters $. 75 per letter
Data Ticket will send a custom disposition letter to the Appellant vials' Class Mail All letters are attached to the citation online and are viewable via the web Disposition letters will be sent Monday - Friday
2" d Level Hearing Hold, Scanning & Scheduling of Hearing $. 50 per citation Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe
If the request was received within the required timeframe, Data Ticket' s Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so that it is displayed on the web for the Agency' s Staff and the Hearing Officer
If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter' rejecting the appeal Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre -determined schedule or an ad hoc basis, depending on the Agency' s schedule 2" d Level Hearing Disposition $ 85.00 per hour — no minimum per visit Data Ticket' s independent, certified, insured hearing officers will be provided to the to perform in- person, phone and written hearings
Each hearing request will be reviewed, heard or read, and all required research will be performed
The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
Hearings will be scheduled
The Agency will incur costs associated with mileage as defined by Federal guidelines Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized location within the County
2" d Level Hearing Schedule & Disposition Letters $. 75 per letter Data Ticket will send a custom disposition letter to the Appellant via 1St Class Mail All letters are attached to the citation online and are viewable via the web 10/ 09/ 19
Ticket - Exhibit B
2603 Ni Street, Suite 300 DATA M Irvine, CA 92614
TICKETinc. 949 428-7241 - Phone
ClientServices@DataTicket. com
FEE SCHEDULE FOR THE CITY OF SEAL BEACH
EXHIBIT A
Disposition letters will be sent Monday — Friday
Assembly Bill 503 Changes
With many of our Agencies focused on the implementation of AB 503, a significant concern is the impact it may have on Agency' s Staffs time and responsibilities. Given this, we have offered to accept and review all payment plan requests for persons claiming indigency. This new process includes the acceptance of documentation via the web and US Mail, the review of this documentation and the scanning of all the documentation and attachment to the citation to which it applies. Based on each Agency's unique business rules, Data Ticket will either accept or deny each request and then proceed to setup the payment plan or issue a letter of denial with a reason for the denial. The costs. for these services are provided below:
Acceptance and Scanning of Indigent Payment Plan Requests Approval/ Denial by Data Ticket) $ 5.00 per request
OR
Accepting and Scanning of Indigent Payment Plan Requests Approval/ Denial by City)
1$
2.00 per request
AND
Indigent Payment Plan/ Denial Letters 0. 85 per letter
Joint / Escrow Banking Services $ 100. 00 per month
Services for the above-mentioned item include:
Daily deposits of funds to the Agency' s escrow account Online, real-time reconciliation reports that tie directly to the bank statement Processing of all credit card charge -backs and Insufficient Funds Month- end reconciliation of all funds collected
Disbursement of County / State Surcharges at month- end Payment of Data Ticket' s invoice
Disbursement of the net remittance to the Agency
Scanning of all payments directly to joint bank account daily using remote check deposit The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $ 200. 00 per year Charge -backs and NSF' s $ 5.00 per issued instance
Data Ticket will process credit card charge -backs and NSFs when notified of each occurrence Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
10/ 09/ 19
Data Ticket - Exhibit B
DATA 0
2603 Main Street, Suite 300
Irvine, CA 92614
TICKETinc. 949 428-7241 - Phone
ClientServices@DataTicket. com
FEE SCHEDULE FOR THE CITY OF SEAL BEACH
EXHIBIT A
Refunds $ 5.00 per issued instance
Data Ticket will process refunds when notified of each need In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each refund due
Refunds will be issued weekly
Refunds will be sent via 1 st Class Mail
Monthly Minimum $ 200. 00
A minimum fee of $200.00 will be charged on a monthly basis if services do not reach this level ( not inclusive of the Joint/ Escrow Banking Services fee) 10/ 09/ 19
Data Ticket - Exhibit B
2603 n Street, Suite 300 DAIAN Irvine, CA 92614
TICKET inc. 949 428-7241 - Phone
ClientServices@DataTicket. com
PROPOSAL FOR THE CITY OF SEAL BEACH - SERVICES INCLUDED AT NO
ADDITIONAL COST
Online Access for the Agency' s Patrons: Included
The Agency' s Patrons will have the ability to perform the following functions online:
View real-time citation( s) data
Pay for a single or many citation( s)
Request a 1St Level Administrative Review and attach up to three documents supporting their position
Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position
Print a receipt
View pictures of the citation taken by the issuing officer ( if the Agency allows) Online Access for the Agency' s Staff: Included
Access to the Agency' s data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
View real- time citation( s) data, including pictures taken by the Issuing Officer Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
Accept payment via Cash, Check or Money Order
Process NSFs and Refunds
Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others Perform Administrative Reviews online by entering the disposition directly online Generate a time expired or letter of non responsibility for a citation in the adjudication process
View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online
Edit Appellant information
Upload disposition documents sent to the Agency via US Mail Add a note to a citation and see all comments added to the citation View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online Print a receipt with or without registered owner information 10/ 09/ 19
Cap_
Data Ticket - Exhibit B
2603 Main Street, Suite 300 DATA Irvine, CA 92614
TICKET inc. 949 428-7241 - Phone
ClientServices@DataTicket. com
PROPOSAL FOR THE CITY OF SEAL BEACH - SERVICES INCLUDED AT NO
ADDITIONAL COST
Reporting: Included
Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re -print 24/ 7. We provide real- time reports that can be generated for any timeframe required and we provide pre- processed/ month- end reports that reflect the month- end view of data.
All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client.
All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes.
If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost.
Manual Payment Processing: Included
Manually received payments ( checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office On- site Mail Department opens, sorts and batches the payments before providing them to our on- site Data Entry Department
After double- blind entry of each payment, the citations are updated by our Quality Assurance team
Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Registered Owner Information: Included
Registered owner information for all citations issued on California license plates Turnaround time for acquisition of California registered owner information is same day Registered owner information for all citations issued on out of state license plates Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service Access to this system requires the use of the City' s ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data Turnaround time for acquisition of out of state registered owner information using NLETs is same day
CA DMV Holds and Releases: Included
California DMV Holds and Release performed daily via an online connection Holds and releases can also be performed real- time, upon request Citation amounts placed on hold are updated daily in the event a partial payment is made
10/ 09/ 19
Data Ticket - Exhibit B
2603 M Street, Suite 300 ME Irvine, CA 92614
TICKET inc. 949 428- 7241 - Phone
ClientServices@DataTicket. com
PROPOSAL FOR THE CITY OF SEAL BEACH - SERVICES INCLUDED AT NO
ADDITIONAL COST
Customer Service: Included
Data Ticket provides a live, bi- lingual, on- site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix -it tickets, sign -offs, FTB, advanced credit reporting collections and more All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review.
Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real- time information to the caller regarding current status, including the amount due
The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included
Data Ticket' s Solution is 100% web -based and Section 508 Compliant and is provided at: www.CitationProcessingCenter. com; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency' s Patrons to access citations online
If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency' s website, Data Ticket can and will provide this feature to the Agency.
Conversion: Included
Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency
Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate DMV so as to obtain a registered owner 10/ 09/ 19
I
2603
XaliData Ticket - Exhibit B
Street, Suite 300 DATA Irvine, CA 92614
TICKET inc. 949 428- 7241 - Phone
ClientServices@DataTicket. com
Credit / Debit Card Processing $ 3.50 per transaction
Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CitationProcessingCenter. com, via our toll-free, bi- lingual Customer Service Representatives, and via our toll-free, bilingual IVR Solution There is no charge to the Agency for credit / debit card processing; however, the Patron is charged $ 3. 50 per transaction; this means the Patron can pay for a single or many citations at once and incur a single $ 3.50 fee
Payment Plan Processing $ 15.00 per transaction
An administrative fee will be assessed to Patrons who wish to participate in a payment plan
This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $ 30.00 per transaction If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
No fee will be charged to the Agency
10/ 09/ 19
DATA'M
TICKET'"`
EXHIBIT A
Data Ticket - Exhibit B
2603 Mi Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
ClientServices@DataTicket. com
Description of Services Cost per Instance
Online Permit Application: 5,000. 00 per Year
Online permit application to be used by the City's citizens to register for and obtain residential, vacation and guest parking permits. The online permit application will also be used by the City's Personnel to manage the permitting process. Finally, the City's handheld ticket writers ( ifthe City chooses to Purchase/ Lease) will have access to a daily file that includes all valid permits. When the issuing officer enters the license plate number, the handheld will indicate to the Officer whether the permit is valid or not.
The solution will provide the City's Patrons with the following capabilities:
Ability to register online and apply for permits
Ability to verify resident address with DMV to ensure resident resides in permit area
Ability to, submit up to 3 documents online via the web to prove residency (i. e. utility bili, mortgage, etc.)
Provide online temporary permit with expiration date to be printed directly from resident's computer
Ability to create a login name and password to the solution with which the user may manage all future permits
Ability to pre -purchase permits for upcoming years
Ability to re -use data previously entered to purchase new permits Tracking of all permits purchased by residents
Storage of all permit data online
Acceptance of Visa, MasterCard, Discover and American Express Live, bi- lingual customer service agents available M -F, 8- 5pm who will process registration requests, answer specific and general permit questions and provide fulfillment assistance
The Solution will provide the following capabilities to the City' s personnel:
Ability to register residents for the permit solution online Ability to verify resident address with DMV to ensure resident resides in permit area
Ability to accept documentation and scan into the solution for proof of residency
Ability to generate reports on permits issued
Ability to search for permits by Resident
Ability to modify permit holder information
Ability to track all permits purchased by residence & tracking of all permits purchased by residence
Online training of all City personnel
10/ 09/ 19
n
Data Ticket - Exhibit B
DAM 2603 Marn Street, Suite 300
Irvine, CA 92614
TICKET inc. 949 428-7241 - Phone
ClientServices@DataTicket. com
EXHIBIT A
Description of Services Cost per Instance
Permit Fulfillment: 3. 50 per permit Fulfilled
Services for the above-mentioned item includes:
Assignment of each permit per successful registration And Generating and mailing a custom notice to each successful registrant with an assigned permit
75 per letter sent
Includes Postage — USPS first class rate
Permits TBD
Cost of sticker permit — depending on size and quantity chosen Banking Fees: 3. 50 per transaction
Data Ticket expects all banking fees to be passed on to the City' s citizens who wish to pay by credit or debit card
Refunds: 5.00 per issued refund
Issuance of all refunds to citizens who are due a refund via 1st class mail Credit Card Charge Backs: 30.00 per chargeback
Processing of each char eback
10/ 09/ 19
0 0
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
WHEREAS, Data Ticket, Inc. desires to grant signing and authority to certain person( s) described hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to grant sole signing and authority to conduct business to any one of the following person( s):
The foregoing signing, and authority granted shall include, but shall not be limited to, the execution of Deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates, and other instruments of whatever nature entered into by this Corporation.
The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Data Ticket, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above- named Corporation November 13, 2006, and that said resolution is now in full force and effect without modification or rescission.
IN WITNESS WHEREOF, I have executed my name as Secretary of the above- named Corporation this November 13th of 2006.
I
A. William Fleming
Secretary
0 Q
DATA TICKET, INC. RESOLUTION
GRANTING SIGNING AND AUTHORITY TO
CONDUCT BUSINESS
Brook Westcott, Chief Operating Officer and Chief Financial Officer is hereby granted sole signing authority to conduct business on behalf of Data Ticket, Inc, including but not limited to the execution of Deeds, powers of attorney, transfers, assignments, contracts, obligations, certificates, and other instruments of whatever nature entered into by Data Ticket, Inc.
AcoROF CERTIFICATE OF LIABILITY INSURANCE
ik.-
DATE( MM/ DD/YYYY) 1 10/ 31/ 2019
THIS CERTIFICATE IS ISSUED* S A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE 0);' INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODU,( CER, 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
Ashbrook- Clevidence, Inc.
3000 W MacArthur Blvd, Suite 320
Santa Ana, CA 92704
CONTACT
NAME: Mitch Clevidence
fA,,_ o - ( 714) 979- 4023 me No: ( 714) 979- 2809
ADDRESS: niitchc@acievidence. com
INSURERS AFFORDING COVERAGE NAIC # License #• 0188788
INSURER A: Continental Casualty Company 20443
INSURED
Data Ticket, Inc.
INSURER B: Scottsdale Insurance Company 41297
EACH OCCURRENCE $
DBA Revenue Experts
INSURER C:
2603 Main Street Suite 300 INSURER D:
Irvine, CA 92614 INSURER E:
MED EXP ( Any one person) $
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00012154-8649028 REVISION NUMBER: 18
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
5 SUBR
POLICY NUMBER
POLICY EFF
MMIDD
POLICY EXP
MM/DD LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS -MADE F— I OCCUR DAMAGE TO
PREMISES Ea
ccurrence $
MED EXP ( Any one person) $
PERSONAL& ADV INJURY $
GEN' L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $
POLICYJECTT LOC PRODUCTS - COMP/ OP AGG $
OTHER:
AUTOMOBILE LIABILITY COMEa
INGLE LIMIT $
ANY AUTO BODILY INJURY ( Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON - OWNED
AUTOS ONLY AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per acddent
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS -MADE AGGREGATE $
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
STERER
E.L. EACH ACCIDENT $
OFFICER/ MEMBER EXCLUDED? N
Mandatory in NH)
A
E.L. DISEASE- EA EMPLOYE $
E. L. DISEASE- POLICY LIMIT $
If yes, describe under
DESCRIPTION OF OPERATIONS below
A Errors & Omm 287188360 11/ 01/ 2019 11/ 01/ 2020 Ded. $ 10K $ 2, 000, 000 B Cyber Liability EKS3310469 11/ 01/ 2019 11/ 01/ 2020 Deduct$ 25K $ 1MM12MM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Certificate evidences Professional Liability ( Errors & Omissions)& Includes Personal Injury, Cyber Liability and Crime (provided by Travelers Casualty & Surety Company of America NAIC # 31194) rcoTrcrr A-rc unl nco CIANf`Fl 1 ATIr1N
1988- 2015 AGORD GORPORATION. All rignts reserves.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD Printed by MXC on October 31, 2019 at 09: 54AM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Data Ticket, Inc DBA: Revenue Experts
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
4600 Campus Drive Suite # 200
Newport Beach, CA 92660 AUTHORIZED REPRESENTATIVE
f7 MXC
1988- 2015 AGORD GORPORATION. All rignts reserves.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD Printed by MXC on October 31, 2019 at 09: 54AM
BUSINESSOWNERS
PB 04 97 07 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY -
WAIVER OF TRANSFER OF RIGHTS OF RECOVER T
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Marne of Person Or organization:
WHEN REQUIRED BY A WRnTEN CONTRACT
In condition K TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, under paragraph 2. Applicable to Businessowners Liability Coverage, the foIlowing paragraph is added:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your worn?' done under a contract with that person or organization and included in the "products -completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
All terms and conditions of this policy apply unless modified by this endorsement. includes copyrighted material of insurance Services Office, Inc., with its permission.
ISO Properties, Inc., 2MK
PB 04 97 07 07
ACP BPO 3659509589 A GEW COPY
Page I of 9
47 17691
BUSINESSOWNERS
ACPBP03059509589
PB 60 72 0711
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT TO OTHER INSURANCE CLAUSE FOR
ADDITIONAL INSUREDS - PRIMARY AND NONCONTRIBUTORY WHEN REQUIRED IN A WRITTEN
AGREEMENT OR CONTRACT WITH YOU
This endorsement modes insurance provided under the following:
PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS
Only with respect to any additional insured, in the COMMON POLICY CONDITIONS, form PB 00 09, under condition H. OTHER INSURANCE, paragraph 2.a. is replaced by the following:
H. OTHER INSURANCE
2. Under any liability coverage provided by this policy, a. If for Injury or loss we cover, there is other valid and collectible insurance available to any additional insured under another policy, our obligations are limited as follows:
1) Issued by another insurer, or if there is self insurance or similar risk retention that applies to a loss covered by this policy, then this insurance provided by us shall be excess over such other insurance, unless you have agreed in a written contract or written agreement signed prior to the loss that this insurance shall be primary:
a) Then this insurance is primary. If other insurance is also primary, we will share with all that other insurance as described in d. below, and
b) The coverage afforded by this insurance is non-contributory with the additional insured' s own Insurance.
Paragraphs ( a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured to any other person or organization' s policy; or 2) Issued by us or any of our affiliate companies, that applies to a loss covered by this policy, then only the highest applicable Limit of Insurance shall apply to such loss. This condition does not apply to any policy issued by us that is designed to provide Excess or Umbrella liability insurance.
All terms and conditions of this policy apply unless modified by this endorsement.
PB 60 72 0711 includes copyrighted material of Insurance Services Office. Inc., with its permission.
Q l
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to fumish this waiver.
This policy is subject to a minimum charge of $260 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. rhe information below is required only when this endorsement is issued subsequent to preparation ofthe policy.) This endorsement, effective 07/ 12/ 2019
Policy No. EIG 2869443 00
at 12:01 AM standard time, forms a part of
Of the EMPLOYERS PREFERRED INS. CO.
Carrier Code 00920
Issued to DATA TICKET, INC. Endorsement No.
Premium
Countersigned at on By.
Authorized Representative
WC 04 03 06
Ed. 4- 84) 01998 by the Workers' Compensation insurance Rating Bureau of California. All rights reserved.
EO 1. A
7)
v"" CERTIFICATE OF LIABILITY INSURAF10n_
DAT
3 DIYYYI
223) 019
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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terns 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
NAMES
Lynette ( Lynn) Eye
PIA Select insurance Solutions
AIc. N Ext)- ( 805) 975-3531 ac, Nc :
1100 Industrial Rd, # 3
ADORE s: Iynn. eye@piaselecLcom
INSURERS) AFFORDING COVERAGE NAICN San Carlos
INSURER A : Ameo Insurance Company 002014 CA 94070
INSURED
INSURER s : Employers Insurance Group 10346
Data Ticket, Inc.
INSURER C:
DBA: Revenue Experts INSURER D :
2603 Main Street, Ste. 300 INSURER E:
Irvine CA 92614 INSURER F
PRODUC TS- COMPIOPAGG S 4, 000, 000
KCV1sluN NLIMt3t_ K:
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTi TYPE OF INSURANCE
GENERAL
LIABILITYv
CLAIMS -MADE Ie I OCCUR
INSD WVD POLICY NUMBER(
Pouu
YYYYj AIhUDDIYYYY) LIMITS
EACH OCCURRENCE S 2, 000, 000
PREMISES.( En occurance) S 300, 000
MED EXP (Anyone person) S 5, 000
A Y Y ACP BPO 3059509589 11/ 01/ 2019 11/ 01/ 2020 PERSONALSADVINJURY S Excluded
GENL AGGREGATE LIMIT APPLIES PER
POLICY rJECT - LOC
GENERAL AGGREGATE S 4, 000, 000
PRODUC TS- COMPIOPAGG S 4, 000, 000
OTHEI S
4 AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED y NON -OWNED
AUTOS ONLY A AUTOS ONLY
ACP BPD 3059509589 I l/ 01/ 2019 11/ 01/ 2020
U
accEdent)
S
i,000,00D
BODILY INJURY( Perpenon) S
BODILY INJURY ( Per acddent) S
peraxidetri) S
S
A X
UMBRELLALIASOCCUR
EXCESS LIAB CLAIMS -MADE ACP CAA 3059509589 I1/ 012019 11/ 0I/2020 EACH OCCURRENCE S 2, 000, 000
AGGREGATE 5 2,000,000
DED I RETENTIONS
S
WORKERS COMPENSATION
AND EMPLOYERS! LIABILITY YIN
YPROPRIETORIPARTNERnDMCUTNE
FFICERIMEMBEREXCLUDED?
andatory In NH)
Iyesdescribe under
ESCRIP71ON OF OPERATIONS below
NIA y EIG2869443 07/ 12/ 2019 07/ 1? I2020
Av STATUTE I I N
E.L. EACH ACCIDENT S 1, 000, 000
E.L DISEASE - EA EMPLOYEE 5 11000, 000
E. L DISEASE- POLICY LIMY s 1. 000. 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Romaft Schedule, may be attached It mom space is required) It is agreed the Certificate Holder listed below is included as Additional Insured including Waiver ofSubrogation and Primary & Non -Contributory wording as required by written contract.
Workers Compensation includes a blanket Waiver of Subrogation ( see attached).
City of Seal Beach, its directors, officials,
officers, employees, agents & volunteers
2118th St.
Seal Beach, CA 90740
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1988.2015 ACORD COROORATION_ All rlahts ra3nrvarl.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Agenda Item H
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson , Chief of Police
SUBJECT: City Council Approve Amendment No. 2 to the Professional Services Agreement with Passport Labs, Inc. for Parking Enforcement Equipment, Technologies and Services to the City
________________________________________________________________ SUMMARY OF REQUEST:
That City Council adopt Resolution 7450:
1. Approving the Second Amendment to the Professional Services Agreement dated February 12, 2018, as previously amended by the First Amendment dated May 17, 2019 (collectively the “Agreement”), between the City of Seal Beach and Passport Labs, Inc., for certain parking enforcement equipment, technologies, and services to the City, extending the term of the Agreement through February 12, 2024 on the same terms and conditions as the Agreement; and,
2. Authorizing and directing the City Manager, or her designee, to execute the Second Amendment to the Agreement; and
3. Authorizing the City Manager to extend the Agreement for an additional one (1) year term beginning February 12, 2024 through February 12, 2025 on the same terms and conditions as the Agreement.
BACKGROUND AND ANALYSIS:
Passport Labs, Inc., provides the mobile payment application in support of the City’s paid parking operation. Customers have the opportunity to manage their parking session utilizing their phones and can conveniently initiate and extend a parking session based on the designated parking zone and associated policies.
Customers pay a convenience fee to Passport, Labs, Inc., for the use of this service in lieu of utilizing a pay station. This is an added payment option that was introduced in 2018 to provide another convenience to make it easier to manage an individual’s parking session. Passport Labs, Inc., is integrated with the City’s
parking enforcement system, providing a seamless and real-time connection for compliance monitoring.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The cost for Passport Lab Inc for parking enforcement, technologies and services to the City has been included in the Adopted Fiscal Year 2023-24 budget.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That City Council adopt Resolution 7450:
1. Approving the Second Amendment to the Professional Services Agreement dated February 12, 2018, as previously amended by the First Amendment dated May 17, 2019 (collectively “the Agreement”), between the City of Seal Beach and Passport Labs, Inc., for certain parking enforcement equipment, technologies, and services to the City, extending the term of the Agreement through February 12, 2024 on the same terms and conditions as the Agreement; and,
2. Authorizing and directing the City Manager, or her designee, to execute the Second Amendment; and
3. Authorizing the City Manager, or her designee, to extend the Agreement for an additional one (1) year term beginning February 12, 2024 through February 12, 2025, on the same terms and conditions as the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson , Chief of Police Jill R. Ingram, City Manager
Prepared by: Nick Nicholas, Support Services Captain
ATTACHMENTS:
A. Resolution 7450
B. Professional Services Agreement with Passport Labs, Inc., Second Amendment C. Professional Services Agreement with Passport Labs, Inc., First Amendment, May 17, 2019
D. Professional Services Agreement with Passport Labs, Inc., February 12, 2018 RESOLUTION 7450
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT DATED FEBRUARY 12, 2018, AS
PREVIOUSLY AMENDED BY FIRST AMENDMENT DATED MAY
17, 2019, WITH PASSPORT LABS, INC. FOR CERTAIN PARKING
ENFORCEMENT EQUIPMENT, TECHNOLOGIES, AND
SERVICES TO THE CITY OF SEAL BEACH, TO EXTEND ITS
TERM BY ONE YEAR AND PROVIDE FOR UP TO TWO
ADDITIONAL ONE-YEAR EXTENSIONS.
WHEREAS, the Seal Beach Police Department uses Passport Labs, Inc. services for certain parking enforcement equipment, technologies, and services; and, WHEREAS, the City has been in contract with Passport Labs, Inc. for five years and has provided exceptional services related to parking technology; and, WHEREAS, the City performed a detail review of other providers and Passport Labs, Inc. will serve the City’s needs best.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. The City Council hereby approves Amendment No. 2 to the Professional Services Agreement dated February 12, 2018 (“Agreement”) dated between the City of Seal Beach and Passport Labs, Inc. for certain parking enforcement equipment, technologies, and services to the City. Amendment No. 2 extends the term of the Professional Services Agreement through February 12, 2024.
Section 2. The City Council hereby authorizes directs the City Manager, or her designee, to execute and renew the Professional Services Agreement on behalf of the City for an additional one (1) year term beginning February 12, 2023 through February 12, 2024. Thereafter, the Parties have the option to renew for additional one (1) year terms, upon the same terms and conditions of the Professional Services Agreement and any amendments or extension thereafter.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25thth 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 7450 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September, 2023.
Gloria D. Harper, City Clerk
DooJsign Env€lop! lD: C47A986S6C0C-1,ID7-91 CE-821 1 55D13EEA i: Passport
Sccond Amendment to Asreement
Reference is made to that ceftain Professional Service Agreement (the "Agreement") dated February 12, 2018 by and between Passport Labs, Inc. ("Consultant") and City of Seal Beach ("City") (Consultant and City are collectively refened to as lhe "Parties").
The Panies desire to amend the Agreement as follows, which shall be effective as ofthe last date specified below the Parties' signatures:
I . The Parties agree to extend the Agreement for an additional one ( I ) year term beginning February 12, 2023 through February 12,2024. Thereafter, the Parties have the option to renew for additional one ( l) . year terms, upon the same terms and conditions ofthe Agreement.
2. Except as expressly amended herein, the remainder ofthe Agreement remains in full force and effect.
Agreed m and accepted by:
Passport Labs, Inc. Ciry ofSeal Beach
Printed Name: Doug Rogers
Title: cRo
Oate.2#f2AF
nluo 1
LCL>
Approved as to Form:
By:
Nicholas R. Ghirelli
City Attorney
By
Printed Name: l f. $lte $t, srr*3 r^r
fitlei C\3 C F of ?ovac-F
Date:
By V>.$
q. U I L
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
21'1 8th Street
Seal Beach, CA 90740
Passport Labs, lnc.
'128 S. Tryon St., Suite 2200
Charlotte, NC 28202
704-837-8066
This Professional Service Agreement ("the Agreement") is made as of February 12 , 2018 (the "Effective Date"), by and between Passport Labs, lnc. ("Consultant"), a Delaware corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties').
&
S7296-0001\21 53209v1.doc
RECITALS
A. City desires certain professional services
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1 . Consultant shall provide those services (.Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.3. ln performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City aulhorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 5 years unless previously terminated as provided by this Agreement or extended by agreement of the Parties.
3.0 Consultant'sCompensation
City will pay Consultant in accordance with the rates shown on the fee schedule set forth in Exhibit B for Services. Any additional work authorized by the City pursuant to Secuon 1.4 will be compensated in accordance with the fee schedule associated with such work set forth in Exhibit B.
2 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
4.1 . Consultant shall be the l\ilerchant of Record for the Services.
Consultant shall submit to City monthly statements for all services rendered pursuant to this Agreement. Such statements shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the bankcard fees incurred in the applicable period incuned in the applicable period. Consultrant will remit the full amount of lunds collected to City within fifteen (15) days of the conclusion of the month, net of Consultant's fees.
4.2. Upon 24-hour notice from City, Consultant shall aliow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for tvvo years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City without cause or by Consultant based on reasonable cause, upon giving the other party written nolice thereof not less than 30 days prior to the date of termination and, if for cause, a reasonable opportunity to cure the circumstances(s) given rising to the termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy, provided that Consultant shall have an opportunity - within the 10 day notice period - to provide such satisfactory evidence, in which case the Agreement shall not be terminated with respect to such failure..
6.0 PartyRepresentatives
6.1 . The City Manager is the City's representative for purposes of this Agreement.
6.2. Khristian Gutierrez is the Consultant's primary representative for purposes of this Agreement.
3 4.0 Method of Payment
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 Slreet
Seal Beach, California 90740
Attn: City Manager
To Consultant: Passport Labs, lnc.
128 S. Tryon St.. Suite 2200
Charlotte, NC 28202
Attn: Khristian Gutierrez
With a copy to
Passport Labs, lnc.
128 S. Tryon St., Suite 2200
Charlotte, NC 28202
Attn: General Counsel
7 .2. Actual notice shall be deemed adequate notice on the date actual notice occuned, regardless of the method of service.
8.0 lndependentContractor
8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all third-party liability, damages, claims, costs and expenses of any nature to the 4 extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consullant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section.
9-0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
'10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City shall be void and without effect.
'11.0 lnsurance
11.1. Consultant shall not commence work under this Agreement until rt has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Sectlon. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certi{icates 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1 1.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:Vlll, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: lnsurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability:
lnsurance Services Office Business Auto Coverage form number CA 0001 , code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability lnsurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AgreemenUlocation or the general aggregate limit shall be twice the required 5 occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate.
11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: ('l)coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranlies, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunleers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled undedying coverage and that any insurance or self-insurance maintained by the City, its directors, offlcials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds wilh respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in mnnection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or bonowed by the Consultant or for which the Consultant is responsible. '1 1.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1 ) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related invesligation costs, claims and administrative and defense expenses.
12.0 lndemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents servtng as independent contractors in the role of city officials (coliectively "lndemnitees") free and harmless from any and all third-party claims, demands, causes of action, costs, expenses, Iiability, loss' damage or in.iury, in law or equity, to property or persons' including wrongful 6 death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys'fees and other related costs and expenses, except for such loss or damage arising from the negligence or willful misconduct of any Indemnitee or of any third party. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against lndemnitees, Consultant shall defend lndemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any .iudgment, award, or decree that may be rendered against lndemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agenls and/or volunteers, for any and all legal expenses and costs incuned by each of them in connection therewith or in enforcing the indemnity herein provided. For the avoidance of doubt, Consultant shall not be obligated to pay and satisfy, or reimburse, any Indemnitee to the extent of any costs or awards attributable to the negligence or willful misconduct of such lndemnitee, to the e),.tent so-attributed by a court of competent jurisdiction. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, offlcers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
14.0 LaborCertification
By its signature hereunder, Consultanl certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
15.0 Data Rights
This Section shall govern the rights of Passport and Provider, as the case may be, with respect to the data that is sub.iect to this Agreement. Passport will, by provisions in its Privacy Policy or otherwise, procure from such end users all such lawful consents and rights necessary to grant to Provider the rights in such data as stated in this Section. Passport's Privacy Policy, as it may be amended 7 Consultant afiirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because ol race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
from time to time in Passport's sole discretion, can be viewed at httDBy/0assoortlnc,oom/Driveov-Doli6v/.
A. Operational data is data specific to the Provider's operation that is provided by Provider to Passport to be used in the providing of services.
Operational data is specific to the Provider's operation, which is not available to Passport publicly or by other means. Operational data may include, but is not limited to, zone information, rate information, operational schedules, business metrics, relevant details of partner agreements. ln each case, Operational data may refer to past, present, or future states of such items.
Operational datia is the sole and exclusive property of the Provider. The Provider grants Passport a perpetual, irrevocable, royalty-free, non-exclusive, nonassignable, and non-transferrable license to Operational data. provided that, Passport may assign or transfer such license to a successor in connection with the transfer or sale of all or substantially all of its assets or business related to this agreement, or in the event of its merger, consolidation, change in control or similar transaction.
B. Payment Card lndustry-Data Security Slandard lnformation ("PCI-DSS lnformation") consists of the following items, each as defined by the then-current Payment Card lndustry Data Security Standards ("PC|-DSS'): Account Data; Cardholder Data; Primary Account Number; and Sensitive Authentication Data.
Passport acquires a license or sublicense to the PCI-DSS lnformation from end users who share such data with Passport in connection with their use of the Software. Passport must secure such data in accordance with PCI-DSS. As such, Passport may not grant Provider derivative rights to such PCI-DSS lnformation and Passport shall not be required to disclose such PCI-DSS lnformation 1o Provider.
C. Personal identifiable information ("Pll") is any representation of information that permits the identity of an individual to whom the information applies to be reasonably determined or infened by either direct or indirect means. Name, address, social security number or other identifying number or code, telephone number, or email address directly identily individuals. Certain data elementsincluding gender, race, birth date, geographic indicator (such as lp code or postal code), and other descriptors-can be used in conjunction or with other data elements to indirectly identify individuals. lnformation permitting the physical or online contacting of a specific individual (e.9., lP address) is also personally identifi able information.
End users of Passport's Software own Pll and license it to Passport pursuant to Passport's Privacy Policy, as it may be amended from time to time in Passport's sole discretion. Passport may sublicense Pll to the Provider under certain conditions (including but not limited to the Provider's compliance with information 8 security controls and applicable regulations) that shall be memorialized separately if and when applicable.
D. Activity data is any data generated in the providing of services under this agreement by Passport to Provider and by end users' interactions with the services or with Passport directly that is not otherwise PCI-DSS information or Pll as defined above. Activity data may include, but is not limited to, user interaction data, geolocation data, optin/oplout stiatus (including compliance logs), purchase and session data, application diagnostic data, service performance data, and support data. Data that is derived from Activity data is also Activity data.
Activity data is the sole and exclusive property of Passport. Passport grants the Provider an inevocable, royalty-free, non-exclusive, non-assignable. and nontransferrable license to Activity data for the duration of the term of this Agreement and only to the extent and in the format that Passport chooses in its sole discretion to expose such data through its administrative portal or as otherwise agreed upon with the Provider and only for the Provider's internal use in connection with the services provided under this agreement.
16.0 Privacy Policy; Terms of Use
I
End users' use of the Services shall at all Imes be governed by (a) Consultant's Prlvacy Policy, as it may be amended from time to time in Consultant's sole discretion, which can be viewed at httpsJ/passportinc.com/privacy-policy/, and (b) Consultant's Terms and Conditions, as they may be amended from time to time in Consultant's sole discretion, which can be viewed at httnB:/loeBsnor .
17.0 lntellectualProperty
17.1. Consultant grants Cily a revocable, non-exclusive, non-assignable, non-transferrable, and non-subleaseable right and license to use and access the Services only for its internal business purposes for the duration of the term. All intellectual property rights including, without limitation, trade names, source code, trademarks, copyrights, patents, and trade secrets, not explicitly granled to City in this agreement are reserved to Contractor.
17.2. City will not, directly, indirectly, alone, or with another party, (l) copy, disassemble, reverse engineer, or decompile the software or any subpart thereof; (ii) modify, create derivative works based upon, or translate the software or source code; (iii) transfer or otherwise grant any rights in the softvvare or source code in any form to any other party; (iv) attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
18.0 Force Majeure
Neither Contractor nor City will be held liable for any delay or omission in performance of their duties under this Agreement resulting from causes beyond their reasonable control, including, for the sake of illustration and not limitation, delays or omissions attributable to third-party vendors, suppliers, or integration partners, labor stnkes, acts of god, acts of the public enemy, fires, natural disasters, wars, or riots.
19.0 Disclaimer of Warranties
The software is provided to City by Contractor "as is" and with all faults. City acknowledges and agrees that Contractor bears no liability for any error, omission, defect, deliciency, or nonconformity within the Software except as expressly provided in this Agreement. Other than as speciflcally set forth herein, Contractor does not make any representatrons, warranties, or guarantees, express or implied, directly or indirectly, including, without limitation, any warranty of condition, merchantability, or fitness for a particular purpose or use, with respect to, arising out of, or in connection with the Software and related seMces to be performed pursuant to this Agreement.
20.0 Limitation of Liability
ln no event will Contractor be liable to City for any of City's lost profits, lost savings, or punitive, incidental, indirect, special, or consequential damages, even if Contractor has been advised of the possibility of such damages. 2'1.0 Entire Agreement
10 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.
22.0 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.
23.0 Goveming Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia.
24-0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
25.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
26.0 Prohibited lnterests; Conflict of lnterest
20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services. or which would conllict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code SS1090 and 87100) in any decision made by City on any matter in connection wilh which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide 11 employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminale this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and mainlains that it has no knowledge that any offcer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultanl, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection.
27.0 Attorneys' Fees
lf either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
28.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. ln the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of thjs Agreement, the terms of this Agreement shall control.
29.0 CorporateAuthority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of lhis Agreement.
lN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
12 CITY OF SEAL BEACH
By:
R. lngram, City
Attest:
By:
Robin L o rts
App!'oved as to F
Craig A. Steele, City Attorney
CONSUL
By:
Name: Bob Youakim
me: KhristianGutierrez
Its: Chief Revenue Officer
By
S7296-0001\2153209v1.doc
Chief Executive Officer
15. EXHIBIT A
STATEMENT OF WORK
Parking by Passport
I. Overview
Parking by Passport is a Software-as-a-Service mobile payment solution for end users.
Passport's Operator Management ('OpsMan') is a Software-as-a-Service web-based solution for Client administrators.
ll. Scope and Deliverables
A. Mobile Payment
Parking by Passport is enabled through native mobile applications built for Google Android and Apple iOS smartphones. Parking by Passport is supported on the latest industry-recommended operating system versions. To account for those parkers who do not own an Android or Apple device, Parking by Passport is also available via a web application, which is optimized for mobile use.
Android, iOS, and web interfaces may vary in appearance and functionality depending on their respective technological capabilities and market demand. 1. Capabilities (Some items are conditional upon Client provision of dependenctes) o Create an account
r lnitiate parking within a specified zone using space or license plate information
r View zone information and restrictions
r Pay for parking using major debit and credit cards
r Extend parking remotely
o View parking history and email receipts
o Store and use multiple vehicle license plates
o Configure session expiration alerts
o Toggle parking expiration notifications
B Dedicated Wallet
Passport's closedJoop wallet allows parkers to add and
their account. When the parker pays usrng the Dedicated is deducted from the prepaid account rather than being
debit card. All funds are stored within Client's systems Client is the merchant of record.
store prepaid funds in
Wallet, the transaction
charged to a credit or
and bank accounts if
57296-0001\21 53209v1.doc
SCOPE OF SERVICES
C
1. Capabilities
. Wallet initial load amount configuration
. Wallet replenishment load amount configuration
r Wallet replenishmentthreshold configuration
o Bonus value mnfiguration (e.9. '$'10 value for $9
wishes to enend such bonuses or incentives
load"), if Client
Merchant Validations
Client and its local commerce partners may use Passport's merchant validation program to subsidize the cost of business patrons' parking fees. Fees are outlined in the Pricing Schedule.
1 . Capabilities
o Validation type and amount conflguration
o One-time use validations
o Multi-usevalidations
Operator Management
Operator Management ("OpsMan"), or its upcoming successor portal, is the back-office web administration portal in which Client can view basic financial reports and manage select operational attributes. 1. Capabilities r Financial reporting
t Zone and Space configuration
o Rato and restriction configuration
r Event configuration
r Customer refunds
Merchant Processing & Gateway
Merchant Processing refers to the debit and credit card fees that will be charged to accept debit and credit card based mobile payments.
1 . Setup
Client may be the merchant of record
c Client may use its own gateway services if Passport is integrated with the gateway services provider
o Client will declare its gateway services provider to
Passport for verification and evaluation of fees
D
tr
a
o Client will provide gateway provider contacts and
documentation
c Gateway must support all of the following lransaction types
r Sale
r Auth
r Prior Auth Capture
r Refund
r Void
Passport may be the merchant of record and provide gateway services for per-transaction fees
Signage
Passport recommends, at minimum, (a) signs in the quantities of one per block face (on-street parking) and one per 50 spaces (off-street parking), and (b) decals in the quantities of one per hardware unit. Passport will provide such recommended signs and decals at no charge at launch: any additional or replacement signs and decals will be at Clienfs cost. Client is solely responsible for installation. Signage installation must be completed by Client by the date of the announcement of the launch. No credit will be issued for unused signs or decals.
Client understands that sufficient and adequate signage is a core assumption to the performance of the service, and should the quality or coverage of such signage degrade, Client is responsible for notifying Passport so that this can be resolved.
Signage materials are as follows:
The signs are KomaAlu with Avery Cast Laminate with UV Protectton and 6-year outdoor durability. The decals are Avery Cast Laminate with UV protection, permanent adhesive vinyl for outdoor use with 6-year outdoor durability. Any extra costs incurred due to changes in signage material requested by Client will be covered by Client.
Passport has developed signage design templates, which are tested regularly to optimize program performance. Any signage produced by Passport must adhere to Passport's sign design methodology and cannot be modified without written approval from an authorized representative of Passport. A logo of the Client's brand can be included on signage as long as such is provided to Passport with proper authorization in advance of production of signage. a
F
It takes one week to design signage and up to an additional 3 weeks for the signs and decals to be printed and shipped, assuming timely review and approval by the Client.
Client may purchase additional signs and decals from Passport at the following cost:
r 12xl 8in $20lsign
t 18y24in $3O/sign
e 4x3in $2/decal
r 5x1 .75in $Zdecal
r 6x12in $S/decal
. Plus any shipping and taxes.
Where signage is provided to Client at a discount to its actual production and ongoing maintenance cost, any customization that the client requests will be chargeable at a rate of $175/hour and such customizations are subject to approval by an authorized representative of Passport.
lll. ClientObligations
1. Client will provide operational information in a timely manner. This includes but is not limited to: merchant services inquiries; parking locations; parking location ratesi marketing direction and approvals;
2. Client will provide a list of stakeholders for preliminary implementation;
3. Client will provide a list of stakeholders for ongoing posllaunch administration;
4. Client will provide names, phone numbers, and email addresses for third-party technical liaisons in the case of work requiring services beyond Passport's and Client's offerings; Client will facilitate partner discussions for contracted scope;
5. Client will make good faith efforts to facilitate the continued progress of the launch implementation period and throughout future needs from Client or Passport;
6. Client will perform user acceptance testing to confirm the accuracy of configured attributes.
lV. Project Management
The Prgect Manager will work closely with Client to put together a tailored prolect plan using the tool Smartsheet, which will lay out the milestones and timeline needed to ensure a successful project and launch. This plan will be monitored and updated throughout the process and discussed during the weekly status meeting. The weekly status meeting will be scheduled by the Project Manager and will give an overview of the current week's progress, review any issues, and plan for the following week. As an output of the weekly status meeting, the Project Manager will deliver an updated projecl plan along with a weekly status report recapping any issues, risks and dependencies.
A. Estimated Implementation Timeline
Most implementalion timelines are within 90 calendar days from execution of the SOW. Passport will estimate the implementation timeline following contract execution and review of Client's operational needs and partner integrations.
o The estimated timeline is highly dependent upon the Client Obligations being satisfied successfully at project inception o lmplementation time can be reduced or extended pending confirmation of scope and developmenl requirements, and any following changes to scope and development requirements o
V. Project Change Control
1. Passport representative will complete a change request form, describing the change to be evaluated.
2. Passport will perform an impact assessment (cost, schedule, risk, etc) and provide a recommendation for how to achieve the Client's objectives in the conte)il of the latest information.
3. Client will decide whether or not to proceed with the recommendation of Passport or to suggest an alternative approach.
4. lf approved by Client and Passport (email shall suffice), such change request document will be incorporated as part of this SOW.
Change requests may incur additional fees as appropriate. However, Client shall have no obligation to pay for, and Passport shall have no obligation to fulfill. the implementation of such a change request until both Parties have approved it.
Upon approval by the Parties, the impact assessmenl assoclated with such change request shall augment any prior crmmitments or estimates of timeline and pricing in this SOW, which shall no longer apply. Passport will use commercially reasonable efforts to maintain the timeline and costs associated with this SOW, augmented by any and all change requests approved by the Parties.
Changes may be required to manage unanticipated or new information lhat may arise during the course of implementation and delivery of this solution that impacts an existing (or creates a new) deliverable, restriction, milestone, or dependency. This Project Change Control process is meant to enforce a process to ensure changes are tracked and approved appropriately throughout the project. ln cases where changes are identified, a change request will be processed as follows:
Vl. Training
Training services and fees are outlined in the Pricing Schedule. A detailed training plan will be delivered for Client feedback and approval during the implementatron phase.
Vll. Marketing Services
Passport offers in-house markeling services for initial Client launch and for ongoing Client lifecycle- Parties shall agree to Client's procurement and Passport's provision of services before executing any marketing services.
Vlll. Client and Customer Support
Passport offers the following client and customer support services throughout the Client lifecycle. These services shall follow the fee schedule outlined in the Pricing Schedule.
SUCCESS SUPPORT
Expe:ti5e: '.i:si.l, & 3::siness f! Expertise: ?.olu.l
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Focus: igahnical. Trairing & _r-oi,rbiesioot;'i€
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Aveilabilir: 3am' 6p--:- ti-.
I
SUPPORT
0 ll
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IX. Project Sign-Off
At all times, Client shall keep a currenl list of stakeholders, each of whom are authorized and entitled to provide or request data and are authorized to approve and sign-off upon project specific deliverables and milestones. Client shall present this list to Passport before project kickoff and notify Passport immediately upon any change in the list.
EXHIBIT B
FEE SCHEDULE
' Art MPP "rrarsaction" is a single session lasting iess than twenry-four (24) hours in duration. Ciry may choose to pass through dris "per taasaction" fee to end users ia the form of a convenielce fee up ro $0.35 payable by tie end user.
Per Transaction MPP Service aad License Fee' $0.3s
Montl v Minimum Fees N/A
Merchaat of Record for Tra$actioDs: X Passpon Provider
Passport Merchant Processing Rate Per Transaction: included in MPP Service and
License Fee
Payment Gateway Providen X Passpon Other
Passpon Gateway Fee Per Tra-nsactiou: Included in MPP Service alrd License Fee ,A,C(>Rif
02t23!2014
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 AY THE POLICIES BELOW. IHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETT,YEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMpORTANT: ll the certificat€ holder is an ADDITONAL INSURED, lhe policy(iss) must have AODmONAL INSURED provisions or be endorsed. tf SUBROGATION IS WAMD, slrbiect lo the t6rms anal condilions oI the policy, cedain policlrs lnay rcqslrc an andorsement. A statement on this c€rtillcale doss not conter rights to the certificate holder in li.u of such endoGement(s).
PROOUCER
Embroker Insurance SeNices LLC
24 Shotwell St
San Francisco cA 94103
Michael Sullivan
(8441 436-2765
broker.com
INSUREP(S} AFFOROING COVERAGE
rxsuRER a : ACE Poperty and Casualty lnsurance Company 20699C Passpod Labs. loc
128 S. Tyron Slreet, Ste. 2200
Charlotte NC 28202
rNsuRER B Chubb lnCemnity Insurance Company t, 127t7
risuRER c r Hudson Specialty lnsurance Compeny
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER: 777 REVISION NUMBER
CERTIFIGATE LOER CANCELLATION
THIS IS TO CERTIFY THA-T THE POLICIES OF INSURANCE LISTETi BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD
INDICATED, NOIWTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CEFTTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIB€O HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLIC|ES, LIUITS SHOWN MAY HAVE BEEN REOUCED BY PAIOCLAIMSs 1,000,000 s 000
51,000,000
PROOUCTS X " COMP]OP AGG
COMMERCIAI. GEIIERAL LIAB LITY
GEN'L AGGR€GATE LIMIT APPLIES PER: f5ff; !*
X
o
TECNCD394346721 04to1t2017
2,000,000
44n1i2018 PERSONAL
'
ADV IN.ITJRY
G'NERAIAGGREGATE
s 1,000.000
s 2,000,000
gOOrtY INJURY (Per r€6onl
s 1.000,000
6OOltY lN,rLrRY (P6r acodatrl) 5
x
041o11201a
H'iEO
TECNCD394346721 44i01t2017
ATJIOMOAILE LIAAILlTY
SC}IEDULEO
X
EXCESSL|AA uMBNCD3943d8301 04ta1no17
5.000 00c
04n1/2018 5,000.000
X
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X
E.L, OISEASE - EA EM
i 1.000.0C0
$'1,000.000
B
WORKERS COIIPENSATION
AND EI'PLOYERS' LIABILITY
A'!YPiOPRIEIOR/PARTNE FYEYlCLfi NE
.,FFICER'r,EMBEREXCLUOED? 1 (Al7176-0G42 041o1t2017 04ta11201a E-!, OISEASE - POLICY IJMIT r 1.C00.000
c EMr'126123 0a1o712017 oai07l201a
DESCRIPI1ON OF OPERATIOXS / LOCAiONSTVEHICLES (ACORD 10r, Addtdo.al R.m.rt. Sch.dut.. E, b..tr..h.d ltnor. rp.@ tt..quiorr) City of SealBeach is tisted as Additional lnsured on the General Liability as per written contracl.
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES AE GANCELLEO AEFORE IHE EXPIRATION OATE THEREOF, NOTTCE WILL EE OELIVEREO IN
ACCORDANCE VYITH THE POUCY PROVISIONS,
Seal Beach cA 9C74C
City of Seal Beach
211 8lh Slroet
ru/4-
AUTHORIZED R€PRESEMIATIVE
ACORD 25 (2016/03)
@ 1988-20,t5 ACORO COnponlro
The ACORD name and togo ar€ .egtstered ma.ks of ACORD
N. Allrights reserved
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fr
March 16,2018
Passport Labs, lnc.
128 S. Tryon St., Suite 2200
Charlotte, NC 28202
ATTN: Khristian Gutierrez
RE: Agreement for Parking Phone Application
Dear Khristian:
Enclosed is fully executed copy of the Agre€ment with Passport Labs, lnc. tor Parking Phone Application. lf you have any questions regarding same, please contact the City Clerk's office aI562-431-2527, Ext. 1305.
Winnie Bell
Executive Assistant Part-time
City Clerk's Office
City ol Seal Beach
wbell @ sealbeachca.qov
562-431-2527 Ext.1304
Enclosure
C General Counsel
t
aqo(
Sincerely,
./.t
7m,)^1fui=
A l)rgrlal l',jrnlils Platlornl
Passport
B' !i, !,i
Printed \:rrnr I
I illc 1'/l'-li ; ,
l)ii le i t,,
ir
Referen(c ir made to lhal cenajn Prolbssronal Servrces Agreemenl (the Agreenrenl') dated Feb,usD- ;:, 201 8 by and between Passpon Labs. ln(. ('Passlx)rt"tand Cit-r ol Scal tleach. (lrlilbroia ( (iq")(Passpoa and City are collrctivcly rcfcrrcil lo as fhc "Parlics').
The Partic\ desire to ameod thc Agreemenl a; follows, which shall he erleclive es oflhc last dalc spccificd b.lo\x lhe Paflies' signaturc!:
l. Exhihit A. ScDpr ol'Services. Section ll Scope and Deliverables :s anendcd lo idd thc ibllowiogi Passpon will provide services ard license sll sofiware. including all wch and mobile applications aDd rclalcd docLrnentation nccassrry for Cily lo operare a digilal permrts svslcrn ("DPP") on a prlol basis for two-hundrcd (200) permils Following thc initial pilor period (length ro bc dctcrmiDed by the Cil! ). the ('i1)' ma) chooic to irrcrcasc lhc anrounl of perm(s maoagcd h) Plssporl's DPP Pricing shsll bc agrccd upon in wriring hy the Enies
:. Lrhihit B-. fee Schedule rs amend€d tt) add the lbllowing Monlhly DPP Seriicc rnd Licensc Fcc
(incl\r,jes up to and iocluding:()() p('rmirs)
$500.00
3. Ercepr as expressl) amcDded herein. Ihe remai,rder ofthc Agreement rc lalls in fnll forff and i:flecl Agrcco to ar)c acclpicd ir)
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Agenda Item I
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving the Fifth Amendment to the West Orange County Water Board Joint Powers Agreement
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7451:
1. Approving the Fifth Amendment to the West Orange County Water Board Joint Powers Agreement; and,
2. Authorizing and directing the Mayor to execute the Agreement.
BACKGROUND AND ANALYSIS:
The West Orange County Water Board (“WOCWB”) is a joint powers authority comprised of the Cities of Garden Grove, Huntington Beach, Westminster, and Seal Beach. WOCWB owns and operates OC-9 and OC-35 pipelines for the purpose of imported water from the Municipal Water District of Orange County (“MWDOC”) and transporting it to the member cities.
At the July 19, 2023 WOCWB regular meeting, the Board voted 5-0 to process an amendment to the Joint Powers Agreement (“JPA”). The Fifth Amendment to the JPA (“Amendment”) would allow member agencies the option to appoint up to two (2) alternate directors for each WOCWB seat. The City has one WOCWB seat.
The alternate director would attend the Board meeting on behalf of the director if he/she cannot attend and would have the same voting rights at the meeting. The alternate director(s) would also receive the stipend for attending the meeting.
The City has appointed Councilmember Nathan Steele as the primary director, and Councilmember Joe Kalmick as the alternate director. The City may have the option to appoint a secondary alternate director upon WOCWB’s Amendment approval.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” as defined under Section 15378(b) of the state CEQA Guidelines. This item is also exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines because it can be seen with certainty that the approval of an amendment to the Joint Powers Agreement will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the agreement and resolution as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7451:
1. Approving the Fifth Amendment to the West Orange County Water Board Joint Powers Agreement; and,
2. Authorizing and directing the Mayor to execute the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7451
B. Fifth Amendment to the WOCWB Joint Powers Agreement
RESOLUTION 7451
A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE FIFTH AMENDMENT TO
THE WEST ORANGE COUNTY WATER BOARD
JOINT POWERS AGREEMENT
WHEREAS, the Cities of Garden Grove, Huntington Beach, Westminster and Seal Beach are parties to a joint powers agreement executed on October 25, 1967, known as the West Orange County Water Board (“WOCWB”) Joint Powers Agreement (“Agreement”); and,
WHEREAS, the WOCWB owns and operates a water pipeline conveyance system to import water from the Municipal Water District of Orange County to the member cities; and,
WHEREAS, the Agreement has been amended from time to time on December 15, 1969; December 1, 1993; July 15, 1994; and October 17, 2005; and, WHEREAS, Section 8 of the Agreement provides that the terms and provisions of the Agreement may be amended with the unanimous consent of the Parties; and, WHEREAS, the Parties desire to amend Section 3 of the Agreement to include primary and secondary alternates for each sitting member for the WOCWB.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the Fifth Amendment to the West Orange County Water Board Joint Powers Agreement.
SECTION 2. The City Council hereby authorizes and directs the Mayor to execute the Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7451 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September, 2023.
Gloria D. Harper, City Clerk
FIFTH AMENDMENT TO WEST ORANGE COUNTY WATER BOARD
JOINT POWERS AGREEMENT
This FIFTH AMENDMENT TO JOINT POWERS AGREEMENT (“Fifth Amendment”) is entered into this ___ day of __________, 2023, by and among the CITY OF GARDEN GROVE, the CITY OF HUNTINGTON BEACH, the CITY OF SEAL BEACH, and the CITY OF WESTMINSTER, collectively hereinafter sometimes referred to as the “Contracting Parties” or the “Parties,” all of which are municipal corporations formed under and existing pursuant to the laws of the State of California.
W I T N E S S E T H:
WHEREAS, the Parties hereto are all of the parties to that certain Joint Powers Agreement, executed on October 25, 1967, known as the “West Orange County Water Board Joint Powers Agreement” (“Joint Powers Agreement”); and
WHEREAS, the Joint Powers Agreement has been amended from time to time on December 15, 1969; December 1, 1993; July 15, 1994; and October 17, 2005, which prior amendments that are incorporated herein by reference; and WHEREAS, Section 8 of the Joint Powers Agreement provides that the terms and provisions of the Joint Powers Agreement may be amended with the unanimous consent of the Parties; and
WHEREAS, the Parties hereto desire to amend Section 3 of the Joint Powers Agreement to include primary and secondary alternates for each sitting member for the West Orange County Water Board (“Board”), and relating provisions thereto.
NOW, THEREFORE, THE CONTRACTING PUBLIC AGENCIES HEREBY DO AGREE AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Authority for Amendment. The Parties hereto are authorized by law to contract with each other for the joint exercise of common powers under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, and are authorized to amend the Joint Powers Agreement pursuant to Section 8 thereof, by the unanimous consent of the governing bodies of each of the Parties.
Section 3. Amendment. Section 3 of the Joint Powers Agreement is hereby amended and superseded in its entirety to read as follows:
2 “SECTION 3”
The Board of Directors of the West Orange County Water
Board shall consist of five members. Garden Grove, Seal Beach and Westminster shall each appoint a person to serve as a member of the Board and Huntington Beach shall appoint two persons to serve as members of the Board. Each member shall file with the West Orange County Water Board a certified copy of the resolution or action of the contracting public agency which appointed them.
Persons appointed to be a member of the Board of Directors need not be a member of the City Council or governing body of the contracting public agency which appointed them.
A contracting public agency may, but is not required to, designate a primary alternate and a secondary alternate for its duly appointed member of the Board (which shall be specified as set out in the foregoing paragraph). At any given meeting of the West Orange County Water Board where a quorum of the directors are present, if the appointed director of a member agency of the West Orange County Water Board is not present, the designated primary alternate of that member agency may participate as the voting representative of the applicable member agency of the West Orange County Water Board. If the appointed member and primary alternate member of the member agency of the West Orange County Water Board are not present at any given meeting of the West Orange County Water Board, the secondary alternate of that member agency may sit in the chair of such member agency of the Board. In the event a primary or secondary alternate sits in the chair during a Board meeting as a member of the Board, such alternate shall be treated as director representative of such member agency of the West Orange County Water Board for all other purposes pursuant to this Joint Powers Agreement, and any amendments thereto, for such meeting, including, but not limited to, the provisions set forth in Section 6 of this Joint Powers Agreement.
In the event that additional entities or concerns become a party to this Joint Powers Agreement as hereinafter provided, then the membership of this Board shall be increased by one member for each additional party to the Joint Powers Agreement unless all of the Parties shall agree otherwise.
The Board shall govern the affairs of the West Orange
County Water Board and shall annually designate one of its members to serve as Chairman of the Board. The Chairman shall preside at all meetings. In the Chairman’s absence, the remaining members of the Board shall appoint a member to act as Chairman pro tem. The Board shall appoint a Secretary who may appoint an 3 006326.0000041
539565.1
assistant secretary for the purpose of conducting and recording the affairs of the West Orange County Water Board. The Board may employ additional personnel to conduct the financial and administrative affairs of the West Orange County Water Board or may contract with one of the parties or any public or private concern to provide such financial and administrative services as the Board may deem necessary from time to time.”
[Remainder of this page intentionally left blank]
- Signature Page – Fifth Amendment -
Section 4. Remainder of Agreement. Except for the changes specifically set forth herein, all other terms of the Joint Powers Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of the Effective Date.
ATTEST:
Name:
City Clerk,
City of Garden Grove
ATTEST:
Name:
City Clerk,
City of Huntington Beach
ATTEST:
Name:
City Clerk,
City of Seal Beach
ATTEST:
Name:
City Clerk,
City of Westminster
CITY OF GARDEN GROVE:
By
Name:
Mayor
CITY OF HUNTINGTON BEACH
By
Name:
Mayor
CITY OF SEAL BEACH
By
Name:
Mayor
CITY OF WESTMINSTER
By
Name:
Mayor
Agenda Item J
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for the Seal Beach Pier Emergency Pier Repair, CIP EM2023
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7452:
1. Accepting the Seal Beach Pier Emergency Pier Repair, CIP EM2023, by Jilk Heavy Construction, Inc., in the amount of $1,265,484.08; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
BACKGROUND AND ANALYSIS:
Beginning late December 2022 through early 2023, the City experienced atmospheric rivers resulting in heavy rainstorms and high surfs. Impacts included sand berm breaching, flooding, and damage to the Seal Beach Pier (“Pier”).
On January 4, 2023, and January 16, 2023, Governor Newsom proclaimed states of emergency throughout the State of California to support ongoing response to the winter storms.
Throughout the period from December 21, 2022 through January 16, 2023, the City received significant rain, flooding, and winds. On January 5, 2023, the City experienced rare, repeated sets of high surfs of over 15 feet. This caused substantial damage to the Pier, including the boat ramp, multiple structural piles and several cross members. As a result, the Director of Public Works proceeded to address the damage on an emergency basis for preservation of property of the City.
On February 13, 2023, the City Council adopted Resolution 7371, and awarded a construction contract to Jilk Heavy Construction, Inc., (“Jilk”) for the Seal Beach
Pier Emergency Pier Repair in the amount of $1,083,624. Of the $200,000 established construction contingency, $114,890.95 was used to provide additional piles, pile wrap, and post-storm removals.
The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
ENVIRONMENTAL IMPACT:
This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 subsection (d) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
The approved construction contract budget plus established construction contingency totals $1,283,624. The table below presents a breakdown of the total construction Project cost:
Description Amount
Construction Bid Items $ 1,150,593.13
Contract Change Orders $ 114,890.95
Project Cost $ 1,265,484.08
This represents a total construction project savings of $18,139.92.
Staff is coordinating with Federal Emergency Management Agency (FEMA) and insurance provider for winter storm recovery reimbursements.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7452:
1. Accepting the Seal Beach Pier Emergency Pier Repair, CIP EM2023, by Jilk Heavy Construction, Inc., in the amount of $1,265,484.08; and,
2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7452
B. Notice of Completion
RESOLUTION 7452
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE SEAL BEACH PIER
EMERGENCY PIER REPAIR, CIP EM2023, AND DIRECTING
THE FILING OF A NOTICE OF COMPLETION FOR THE
PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Seal Beach Pier Emergency Pier Repair (“Project”), CIP EM2023, in the amount of
$1,265,484.08 for the work performed.
Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7452 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September, 2023.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on July 31, 2023. The work was Seal Beach Pier Emergency Pier Repair, CIP EM2023.
6. The name of the contractor(s), if any, for such improvement was: Jilk Heavy Construction, Inc.
7. The date of the Contract Award was February 13, 2023.
8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Seal Beach Pier, Seal Beach, CA.
Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on _____________________, 2023, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item K
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Termination of Deed Restriction and Covenant for 405 Opal Cove Way
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve Resolution 7453 terminating the Deed Restriction and Covenant for the property located at 405 Opal Cove Way, Seal Beach CA.
BACKGROUND AND ANALYSIS:
On April 4, 1988, the City Council approved Resolution No. 3775 for Variance 2- 88, which allowed the property located at 405 Opal Cove Way to conditionally have more lot coverage than allowed by the Zoning Code. One of the conditions of approval was that a sufficient amount of square footage must be removed from the home at the time the property is offered for sale, in order to bring the property into conformity with the Residential Low Density development standards. To ensure the condition was adhered to, a Deed Restriction and Covenant was recorded on the property.
Earlier this year, the property owners indicated their intention to sell the property and subsequently submitted plans to reduce the addition that was authorized under Variance 2-88. On August 28, 2023, the reduction of square footage to the property was completed and verified through a building inspection.
The City’s confirmation that the building’s square footage was removed was sufficient to satisfy the requirements of the covenant and allow the property to be sold. The City provided documentation that the necessary actions have taken place to bring the home back into compliance with the Zoning Code. No further action from the City is legally necessary. However, the property owners have requested a formal City Council action to terminate the Deed Restriction and Covenant on the property so that it can be removed from title.
The Deed Restriction and Covenant requires formal written agreement with the City in order to terminate. Tonight’s action of the City Council certifies that the requirements of the Deed Restriction and Covenant have been satisfied, allowing
the owners to record a Termination of the Deed Restriction and Covenant and sell the property.
ENVIRONMENTAL IMPACT:
The proposed action 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. Termination of the Deed Restriction and Covenant will not have a significant effect on the environment.
LEGAL ANALYSIS:
The termination notice has been reviewed as to form. Because the property owner has satisfied the requirements of the covenant, the covenant is no longer necessary to be maintained on title and the notice of termination can be recorded.
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 Resolution 7453 terminating the Deed Restriction and Covenant for the property located at 405 Opal Cove Way, Seal Beach CA.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Marco Cuevas Jr., Associate Planner
ATTACHMENTS:
A. Resolution 7453
B. Deed Restriction and Covenant (89-197295)
C. Release of Deed Restriction Letter
D. Termination of Deed Restriction and Covenant
RESOLUTION 7453
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
THE TERMINATION OF DEED RESTRICTION AND COVENANT FOR
THE PROPERTY LOCATED AT 405 OPAL COVE WAY
WHEREAS, the City of Seal Beach approved Variance 2-88 on April 4, 1988, which allowed the property located at 405 Opal Cove Way (Property) to exceed the lot coverage development standard established by the Zoning Code with conditions; and, WHEREAS, a Deed Restriction and Covenant was recorded on the Property identified as Document 89-197295 in the Orange County Official Records (the “Covenant”) requiring the Owner to remove “a sufficient amount of square footage from the room addition that was the subject of a Variance 2-88 at the time the Subject Property is offered for sale, rent or lease, and prior to the completion of such sale, rent, or lease, to bring the property into conformity with the lot coverage requirements for the residential low density district set forth in the City Zoning Ordinance at such time.”; and, WHEREAS, the Property owner wishes to sell the property and took action to satisfy the Covenant; and,
WHEREAS, the Property passed final inspection as of August 28, 2023 for the removal of 169 square feet of habitable space, bringing the property into conformance with the lot coverage requirements required in the Seal Beach Municipal Code for properties located in the RLD-9 zone; and
WHEREAS, the Covenant is no longer required pursuant to any regulatory requirement of the City; and
WHEREAS, the Owner now desires to terminate the Restrictive Covenant, which by its terms cannot be terminated without the written approval of the City; and WHEREAS, the City has agreed to consent and allow termination, release, and discharge the Restrictive Covenant.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The foregoing recitals are true and correct and are incorporated herein by reference.
Section 2. Effective as of the date hereof, the Restrictive Covenant is hereby terminated, released, and discharged in its entirety; shall be of no further force or effect; and no longer a burden or encumbrance on title to the Property. The parties hereby direct the Clerk of Official records, Orange County, California, to cancel same of record.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7453 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September, 2023.
Gloria D. Harper, City Clerk
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89=197295
RECORDING REQUESTED BY AND RETURN TO:
CITY CLERK -3!§ PM APR 14'S9
CITY OF SE''.L BEACH
211 8TH STREET
SEAL BEACH, CA 92740 $13.00
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a. <&a~RECORDEA
DEED RESTRICTION AND COVENANT
I. WHEREAS, ROBERT KEVIN RAICES AND TAMARA MARIE
RAICES, hereafter referred to as "owners," are the record owners of the following real property: 405 OPAL COVE WAY, SEAL BEACH - LOT # 136 TRACT 41 2591, PAGES 14-18, MAP BOOK 41 83 RECORDED IN
THE ORANGE COUNTY RECORDERS OFFICE, STATE OF CALIFORNIA, hereafter referred to as the "subject property"; and
II. WHEREAS, a Code enforcement case was brought by
the City of Seal Beach (hereafter referred to as "City") against the subject property for a room addition which was illegally commenced without properly obtained building permits and which exceeded the allowable lot coverage for the applicable zoning district by 2.9 percent; and
III. WHEREAS, owners applied for a Variance (2-88), to
vary from the lot covera.ge requirements for the Residential Low District Zone for District II; and
IV. WHEREAS, Variance 2-88, by the adoption of
Resolution No. 3775, was granted on April 4, 1988 by the City • Council of the City of Seal Beach; and
V. WHEREAS, Resolution No. 3775 was subject to the
following tenus and conditions: 1. The room addition is a 432 sq. ft. room on the first floor, which exceeds the lot coverage •
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by 2.9 Percent. 2. A covenant shall be prepared by the
applicant, in favor of the City, that states that a sufficient amount of sq. footage will be removed from the room addition at the time the property is offered for sale, rent or lease, and prior to the completion of that conveyance, rent or lease, to bring the property into confozmity with the lot coverage requirements of the residential low density district, as amended.
3. The covenant shall be recorded against the property, and cannot be removed without written authorization from the City of Seal Beach. 4. The covenant shall be removed against the property if the lot coverage changes in favor of the applicant or if another applicant is granted a variance of ~.~ percent without a deed restriction. 5. The covenant shall include a notice to the City of the intended sale, rent or lease of the property.
6. The covenant shall be reviewed and approved by the city Attorney prior to recordation • 7. The applicant shall take out all proper building pezmits for the illegal room addition, receive inspections, and make corrections, as necessary.
8. This variance shall take effect at such time that the covenant has been recorded against the property, and the City has received evidence of this recordation. 9. At such time that the covenant is recorded, the code enforcement case against this property will be dropped by the City of Seal Beach. The a~plicant shall pay a fee equal to the costs of the City Attorney to review and approve the subject agreement.
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Vl:. , the Council found that but for the
imposition of the above conditions, a variance could not have been granted: and
VII. WHEREAS, it is intended that this Deed Restriction is irrevocable and shall constitute enforceable restrictions: and V:IIl: • WHEREAS, owners have elected to comply with the conditions imposed by Resolution No. 3775 so as to enable owners to undertake and complete the development authorized by the variance.
NOW, THEREFORE, in consideration of the granting of
Resolution No. 3775 to Owners by the City Council of the city of Seal Beach, OWners hereby irrevocably covenant with city that there be and hereby is created the following restrictions on the use and enjoyment of the subject property, to be attached to and become a part of the deed to the property. owners, for
themselves and for their heirs, assigns, and successors in interest, covenant and agree that:
A sufficient amount of square footage shall be removed
from the room addition which was the subject of Variance 2-88 at the time the subject property is offered for sale, rent or lease, and prior to the completion of such sale, rent, or lease, to bring the property into confoxmity with the lot coverage requirements for the residential low density district set forth ~n the Seal Beach Zoning Ordinance at such time. Written notice of such sale, rent or lease :,:.1all be given by owners to City at -3-
880327 pf A09O.GIIS (2)
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the time the subject property is first offereo for sale, rent, or lease.
Zf any provision of these restrictions is held to be
invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired.
This deed restriction and covenant shall remain in full force and effect during the period that said variance, or any modification or amendment thereof, remains effective in or upon any part of the subject property described herein, and to that extent, said deed restriction is hereby deemEd and agreed by owners to be a covenant running with the land, and shall bind the owners and their heirs, assigns, and successors in interest.
This deed restriction and covenant shall not be
telminated or modified without the written agreement of city.
DATED: ~:..- _, 19 CjCf
SIGNED:_
[NOTARY ACRNOWLEDGEMENT ON NEXT PAGE]
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Agenda Item L
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Rejecting All Bids for Lampson Avenue Bike Lane Gap Closure, CIP ST1811
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7454 rejecting all bids received for Lampson Avenue Bike Lane Gap Closure, CIP ST1811.
BACKGROUND AND ANALYSIS:
In 2016, the City applied for and received an Active Transportation Program (“ATP”) grant to construct the Lampson Avenue Bike Lane Gap Closure Project (“Project”). Consistent with the City’s General Plan Circulation Element, the Project will create a Class II (dedicated bike lane) along both directions of Lampson Avenue between Basswood Street and Seal Beach Boulevard, connecting to the existing Class II bike lane heading east towards Valley View Street.
On August 10, 2023, the City advertised and solicited bids for the Project. On September 7, 2023, the City Clerk’s office received two (2) bids with the following results:
Rank Contractor Total Base Bid*
Low All American Asphalt $2,596,105.00
2 Hardy & Harper, Inc. $2,660,000.00
* Bid proposal stated amount
As this Project is funded by federal grants, all federal requirements must be complied with, including a Disadvantaged Business Enterprise (“DBE”) goal of fourteen (14) percent. The DBE program is intended to foster equal opportunity in federal-aid contracts for small businesses where socially and economically disadvantaged individuals own at least 51 percent interest and also control management and daily business operations. The DBE goal is a percentage of the total contract amount that is expected to be performed by certified DBE firms,
which would generally vary depending on the type of work involved. Both received bids did not meet this requirement.
As such, staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise at its discretion.
ENVIRONMENTAL IMPACT:
Approval of a resolution rejecting bids is not a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that the rejection of bids will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
Minimal staff time will be required to resolicit Project bids. No budget adjustments are requested at this time.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7454 rejecting all bids received for Lampson Avenue Bike Lane Gap Closure, CIP ST1811.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7454
RESOLUTION 7454
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
REJECTING ALL BIDS FOR LAMPSON AVENUE BIKE LANE
GAP CLOSURE, CIP ST1811
WHEREAS, on August 10, 2023, the City issued a solicitation for bids for Lampson Avenue Bike Lane Gap Closure, CIP ST1811 (“Project”); and, WHEREAS, on September 7, 2023, the City Clerk’s office received two (2) bids in response to the solicitation for bids; and,
WHEREAS, both the apparent low bid and second low bid did not meet stipulated federal Disadvantaged Business Enterprise (“DBE”) requirements; and, WHEREAS, staff recommends rebidding the Project to solicit responsive and responsible bids; and,
WHEREAS, Section 1010 of the Seal Beach Charter provides that the City Council may reject any and all bids presented and may re-advertise in its discretion; and WHEREAS, the Director of Public works recommends rejecting all bids and that the Project be readvertised for bids at a later date.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
SECTION 1. The City Council hereby rejects all bids received on September 7, 2023, for Lampson Avenue Bike Lane Gap Closure, CIP ST1811.
SECTION 2. The City Council hereby authorizes and directs the Director of Public Works to readvertise the Project for bids.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7454 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September 2023.
Gloria D. Harper, City Clerk
Agenda Item M
AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Code Enforcement Officer Safety Standards
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7455 approving the City of Seal Beach Code Enforcement Officer Safety Standards.
BACKGROUND AND ANALYSIS:
On October 7, 2021, California State Senate Bill No. 296 was approved by Governor Gavin Newsom after the California State Legislature found and declared that code enforcement officers are disproportionately at risk for threat, assault, injury, and even homicide due to the nature of their obligations. As a result, Section 829.7 was added to the California Penal Code requiring each local jurisdiction that employs code enforcement officers to develop safety standards for those employees. The new law did not specify what must be included in the standards, instead municipalities are tasked with developing the guidelines that ensure the safety of the code enforcement officers performing their duties within their unique jurisdiction.
The Seal Beach Code Enforcement Officer Safety Standards (Attachment B) places an emphasis on reviewing potential case risks prior to contact, situational awareness, avoiding conflict, and requesting police department support when code enforcement officers deem necessary. Furthermore, the Code Enforcement Safety Standards requires all code enforcement officers to complete the 832 PC Arrest course as prescribed by the Commission on Peace Officer Standards and Training (POST) prior to exercising the powers of a peace officer. Finally, and as time permits, code enforcement officers shall attend training opportunities provided by the California Association of Code Enforcement Officers (CACEO) and obtain the Certified Code Enforcement Officer (CCEO) designation.
The adoption of the Code Enforcement Officer Safety Standards will establish a uniform safety procedure for code enforcement staff that helps ensure greater safety and welfare of City personnel. Whether in the field or in the office, code enforcement staff shall implement the procedures outlined in the Code
Enforcement Officer Safety Standards. The Code Enforcement Officers Safety Standards will require continuous training that will ensure staff maintain the skills required to perform their duties in a mindful, safe, and professional manner.
ENVIRONMENTAL IMPACT:
The proposed action 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 Code Enforcement Officer Safety Standards will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7455 approving the City of Seal Beach Code Enforcement Officer Safety Standards.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Samuel Funes, Neighborhood Services Officer ATTACHMENTS:
A. Resolution 7455
B. Seal Beach Code Enforcement Officers Safety Standards RESOLUTION 7455
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE CITY OF SEAL BEACH CODE ENFORCEMENT
OFFICER SAFETY STANDARDS
WHEREAS, the State Legislature found and declared in Senate Bill (SB) 296 that Code Enforcement Officers are disproportionately at risk for threat, assault, injury and homicide due to the nature of their obligations and that safety training would be of benefit to help Code Enforcement Officers achieve safe outcomes; and, WHEREAS, on October 7, 2021, the Governor signed into law SB 296 which amended the Penal Code to create a state-mandated local program requiring that each local jurisdiction that employes Code Enforcement Officers to develop safety standards for them; and,
WHEREAS, Section 1.15.010 Citation Authority of Title 1, within Chapter 1.15 Enforcement of the Municipal Code identifies City personnel under the designation of the City Manager may issue citations for infractions and for administrative penalties for provisions within the code that such personnel have the duty to enforce; and,
WHEREAS, the purpose and intent of this Resolution is to comply with SB 296 by adopting Code Enforcement Office Safety Standards for the City’s Code Enforcement Officials.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The safety of Seal Beach Code Enforcement Officers is of great importance to the City of Seal Beach.
Section 2. Code Enforcement Officer Safety Standards support the training and safety of City Code Enforcement Officers.
Section 3. The City Council approves the Code Enforcement Officer Safety Standards and directs the City Manager to take all necessary action to implement them.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th 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 7455 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of September 2023.
Gloria D. Harper, City Clerk
City of Seal Beach
Code Enforcement Safety Standards
1 The City of Seal Beach takes tremendous pride in maintaining its aesthetic appeal and inviting environment. In its effort to ensure the City remains a healthy, welcoming, and safe place to live, work, and visit, the Code Enforcement Division promotes, maintains, and enforces ordinances to preserve, protect, and enhance the quality of life in Seal Beach. Code compliance operations are vital in preventing, monitoring, and resolving conditions in the community that pose a threat or that may be detrimental to the health and well-being of residents and visitors. The California State legislature found and declared that Code Enforcement Officers are disproportionately at risk for threat, assault, injury, and even homicide due to the nature of their obligations.
Background
Governor Gavin Newsom approved California Senate Bill 296 which enacted Penal Code Section 829.7. Per P.C. 829.7, each local jurisdiction with a Code Enforcement Officer must evaluate the safety hazards and risks applicable to their Code Enforcement Officer(s) and develop appropriate safety standards to address hazards specific to their assigned location(s). The following is intended to serve as the City of Seal Beach minimum safety standards and ensure that the best interest of the Code Enforcement Officers performing their duties are considered. These minimum safety standards may be amended from time to time, as appropriate. The state of California recognizes and validates the work in the code enforcement profession as hazardous by including it with other protected classifications (i.e., peace officer, firefighter, emergency medical technician). Under the California Penal Code, assault and battery charges, as well as fines and penalties, can be brought against those who threaten or attack Code Enforcement Officers.
1.1 Safety Procedures
The safety and welfare of our personnel is extremely important. Code Enforcement Officers confronted with hostile individuals are expected to avoid confrontation and remove themselves from the situation as quickly and safely as possible. Whether in the field or in the office, Code Enforcement Officers shall use the BASE Rule (Be Alert Scan for warning signs Evade). Many potential officer safety issues can be avoided by implementing the following investigative techniques:
A) Review case and eliminate distractions:
• Review prior cases and the geographical area of the property for potential safety hazards or potential hostile individuals.
• Remove distractions that will preoccupy them from safely making observations (cell phone, tablet, report writing) while on scene.
• Obtain additional resources (Seal Beach Police Department, Seal Beach Animal Control, supervisor) when warranted.
B) During field inspection Code Enforcement Officers shall ensure that they:
• Know their location and immediate cross streets to be able to request assistance in the case of an emergency.
• Are in positive advantage or have an escape route readily available from both people and animals on the property.
• Are alert for warning signs of aggression from both people and animals on the property.
City of Seal Beach
Code Enforcement Safety Standards
2 • Be alert for weapons. If a Code Enforcemnet Officer observs what they think is a weapon, the officer shall immediately leave the area and call the police department.
C) Code Enforcement Officers shall exhibit care when dealing with animals:
• All animals encountered in the field shall be treated with caution. Watch for aggressive or threatening behaviors.
• Have property owners/responsible parties secure any animals which may be hostile during an inspection.
D) Inspecting Vacant Buildings/Structures:
• Code Enforcement Officers shall NOT enter a known non-residential building or residential structure that appears to be currently occupied. Code Enforcement Officers shall attempt to contact a responsible party to determine occupancy and then safely move forward with making contact with any individual that may be inside the building/structure.
• If the Code Enforcement Officer is unable to contact a responsible party, law enforcement may be contacted to ensure that the inspection of the building/structure can be made safely in accordance with applicable law.
1.2 Threats, Assaults & Batteries
All threats, assaults, and batteries directed at Code Enforcement Officers, shall be reported to supervision, management, and law enforcement immediately. Code Enforcement Officers should obtain as much information as safely as possible about the subject making the threat, assault, or battery, including their intent, ability, and desire to carry out their actions. Include all pertinent information in the report to law enforcement and Code Enforcement supervision.
The code enforcement and police departments are expected to share information regarding known and potential dangerous occupant(s) of properties under investigation by code enforcement, and take necessary steps to mitigate risk of harm to the inspectors. These steps include but are not limited to, obtaining assistance from law enforcement in making any and all contacts with such individual(s), reporting location prior to making contact and after completing the inspection or other contact, and adhering to safety standards, training, and protocols.
1.3 Use of Force
Verbal threats of violence, verbal abuse, or hesitancy in following commands does not necessarily justify the use of physical force without additional facts or circumstances substantiating an imminent potential for physical harm. The ability to leave the location prior to any confrontation taking place is the best course of action. In cases of immediate and direct threat, the Code Enforcment Officers may use the minimum force necessary to mitigate the threat and safely leave the area. Code Enforcement Officers will exercise good judgement at all times if force is necessary.
1.4 General Safety – Self Defense
Code Enforcement Officers have two defense options:
City of Seal Beach
Code Enforcement Safety Standards
3 1. Leave the scene (walk, run, crawl, drive, etc.) and call for help, which is the best course of action.
2. If you cannot leave the scene, such as being cornered or held, you may defend yourself until you are able to leave the scene or assistance arrives. You may use defensive tactics skills, as well as issued equipment as reasonable and not excessive to defend against an attack.
Unreasonable application of physical force on a person can be a violation of law, and therefore the use of force is discouraged where it can be avoided.
Priorities
• A Code Enforcement Officer’s safety is first priority. An officer cannot help others if hurt or incapacitated.
• The safety of others is the next priority. Assistance should come from other department employees, or emergency service agencies, including the police department.
Alertness
• A crucial part of officer safety is staying alert and anticipating potential risks. This requires the use of all your senses to observe the surroundings, hear a threat, speak persuasively, or feel that you are about to be attacked. Being alert applies not only in the field but also at the office. o Pay attention to the people who come to the office and their behavior (friendly, nervous, aggressive).
o Watch for unusual circumstances and check into them. If you find someone in a restricted area, ask him or her why s/he is there. If you find a strange package in an unusual place, notify a supervisor and do not touch it until it can be confirmed to be harmless.
o Know your location and plan an escape route. Every time you make contact, consider what your options are if something goes wrong. This is extremely important when dealing with hostile people. If you need help quickly, you will not have time to look at a map.
o When talking to people, try to maintain at least an arms length of distance and have a bladed, balanced stance on firm ground to be able to dodge a sudden lunge, punch, or kick.
o Avoid standing downhill, facing the sun, or at the edge of something that you could be pushed off or stumble upon.
o Be aware of nearby objects that could be used as weapons against you, such as garden tools, screwdrivers, knives, 2x4’s, pipes, etc. Move these kinds of objects out of reach or ask the person you are talking to step to a more neutral area.
1.5 Reporting
Code Enforcement Officers are required to immediately report all officer safety issues to a supervisor/management. This includes any force used in self-defense, verbal altercations, or incidents where a police officer had to arrest a party. After notification, the Code Enforcement Officer will also submit a written report of the incident to a supervisor/management.
City of Seal Beach
Code Enforcement Safety Standards
4 1.6 Use of Radio/Cell Phone Communications
Code Enforcement Officers are required to advise office staff and/or a supervisor when they have a known “hostile” contact on their schedule. Code Enforcement Officers shall keep a calendar of their daily follow ups in the office.
1.7 Missing Officer
Office staff shall call Code Enforcement Officers periodically while out in the field. If a Code Enforcement Officer fails to promptly respond to phone calls, office staff shall begin to contact other staff and the supervisor to ascertain the missing Code Enforcement Officer whereabouts. A search team should immediately be dispatched with at least one, and if feasible, two Code Enforcement Officers to check the last known and future locations. Electronic means for GPS location of the vehicle and/or cellular device should be implemented.
If met with negative results, conduct a systematic search of the area to help locate the missing Code Enforcement Officer’s vehicle and/or Code Enforcement Officer. If the Code Enforcement Officer still is not located, begin to call the Code Enforcement Officer’s personal emergency contacts to verify that the Code Enforcement Officer did not leave abruptly without notifying staff.
If still unable to locate, notify Police and provide the information attained above to help locate the Code Enforcement Officer.
1.8 Service of Inspection and/or Abatement Warrants
Code Enforcement Officers may need to obtain inspection and/or abatement warrants from time to time. Prior to serving or executing such warrant(s), the Code Enforcement Officer shall notify the supervisor and coordinate with the Police Department to ensure a police officer is present at the service or execution of the warrant(s). The officer shall coordinate with present law enforcement on how to make contact with the occupant(s) and the best method for entry. Forcible entry shall not be used unless a judge has authorized it in the warrant(s). Code Enforcement Officers shall not serve or execute an inspection warrant without the presence of law enforcement.
Furthermore, Code Enforcement Officers shall report their position to dispatch when arriving and leaving the location subject to the warrant(s).
1.9 Protective Equipment
Code Enforcement Officers may encounter environmental conditions which may be hazardous, such as asbestos, insect infestation, feces, and airborne contaminants. As such, each Code Enforcement Officer will be provided with an emergency medical kit and personal protective equipment. Based on the known or reasonably anticipated situation, each officer is required to wear or utilize the most appropriate equipment when entering hazardous areas. The protective equipment should be worn at all times until the Code Enforcement Officer believes hazardous conditions have been abated or when the officer has left the hazardous area or property.
City of Seal Beach
Code Enforcement Safety Standards
5 Below is a list of essential equipment provided to each officer. Each officer is responsible for periodic inspection and inventory of stated equipment. If an officer finds equipment to be defective or requires replacement, please notify the supervisor immediately. Listed below is the agency provided protective equipment.
1. Respiratory protective gear-particulate mask, respirator, N95 etc.
2. Basic first aid kit
3. CPR shield or mask
4. Portable water bottle
5. ANSI approved eye protection
6. ANSI approved head protection
7. Tyvek suit or other overalls
8. Leather or work gloves
9. Insect repellent
1.10 License Plate Confidentiality
A Code Enforcement Officer shall not utilize their personal vehicle in the performance of job duties if an agency-provided vehicle is available for the Code Enforcement Officer’s use. If a Code Enforcement Officer must use a personal vehicle, the Code Enforcement Officer is encouraged to apply for confidentiality under Vehicle Code Section 1808.4(a)(19) or other applicable law. The City will assist the Code Enforcement Officer in completing and obtaining approval of such application as is necessary and appropriate.
1.11 Training
Continual training is essential for code enforcement staff to maintain the skills required for their individual positions. All code enforcement staff will receive initial training essential to perform their duties. This will be on the job training given by supervisors and experienced Code Enforcement Officers.
All Code Enforcement Officers are required to successfully complete the 832 PC course as prescribed by the Commision on Peace Officer Standards and Training (POST) prior to exercising the powers of a peace officer.
As time and resources permit the Community Development Department should encourage Code Enforcement Officers to attend training opportunities provided by the California Association of Code Enforcement Officers (CACEO) and become Certified Code Enforcement Officers. Once certified, officers are encouraged to attend continuing education courses to maintain their certification.
1.12 Mutual Aid
The Seal Beach Police Department is always an option and will be happy to respond to any situation where a code enforcement officer does not feel safe or is unsure. When in doubt call the non-emergency number (562) 594 -7232 or life-or-death emergencies 9-1-1.
Code Enforcement
Officer Safety Standards
RESOLUTION 7455
Presentation overview
Background
New Safety Procedures
Protective Equipment
Training
Background
Code enforcement officer defined
Code enforcement officer risks
Senate Bill 296 (2021)
Penal Code Section 829.7
Safety Procedures
Processing Threats, Assaults & Batteries
Use of Force & General Safety/Self Defense
BASE Rule
Be Alert, Scan for warning signs, Evade
Case Review: prior violations, know geographic location, remove distractions, maintain + advantage
Protective Equipment
Environmental Hazards
Respiratory protective gear (N95)
Basic First Aid kit
CPR shield or mask
Eye Protection
Head protection
Tyvek suit
Insect repellent
Leather or work gloves
Training
Certified Code Enforcement Officers (CCEO)
California Association of Code Enforcement Officers (CACEO) Complete Module Academies I, II & III
Renew: Complete 48 hours (CEU) continuing education units every 3 years CEO WITH 5+ years of experience
Substituted Service Certification Exam
Staff Recommendation
Adopt Resolution 7455, establishing the Seal Beach Code Enforcement Officer Safety Standards
Thank you
Code Enforcement Officer Safety Standards - Resolutions 7455