Agenda packet — Seal Beach City Council, September 25, 2023 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, September 25, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

THOMAS MOORE
MAYOR
Second District

SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District

JOE KALMICK
COUNCIL MEMBER
First District

LISA LANDAU
COUNCIL MEMBER
Third District

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

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

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Association of California Cities – Orange County (ACC-OC) Presentation by Executive Director Kris Murray
• National Preparedness Month Proclamation
• National Suicide Prevention Month Proclamation

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

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

Emailed Comment from Stephanie Wade
Supplemental Questions from Mayor Pro Tem Sustarsic
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

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

COUNCIL ITEMS – None

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

A. Approval of the September 11, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on September 11, 2023.

B. Demands on City Treasury (Fiscal Year 2024) September 25, 2023 - Ratification.

C. Monthly Investment Report (August 31, 2023) - Receive and file.

D. A Resolution Authorizing Entering Into a Funding Agreement with the California Department of Fish and Wildlife (CDFW) and Authorizing and Designating the City Manager to Accept Oil Spill Response Equipment Funding - That the City Council adopt Resolution 7446 authorizing the City Manager to execute an agreement on the City’s behalf to sign the funding agreement, amendments, and requests for disbursement on behalf of City of Seal Beach to accept funding for oil spill response equipment.

E. City Council Approve Amendment No. 2 to the Professional Services Agreement with PCS Mobile for Parking Enforcement Equipment, Technologies, and Services to the City - That City Council adopt Resolution 7447: 1. Approving Amendment No. 2 to the Professional Service Agreement dated February 12, 2018 (“Agreement”), as previously amended by Amendment No. 1 dated December 10, 2018 (“Amendment No. 1”) between the City of Seal Beach and Portable Computer Systems, Inc. dba PCS Mobile (“Consultant”) for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the original term of the Agreement to and including February 12, 2024; and (ii) to increase the compensation to be paid to Consultant by $8,400.00, for the revised total not-to-exceed amount of $218,323.50 for the extended original term; and, 2. Authorizing and directing the City Manager or her designee to execute Amendment No. 2 to the Agreement; and, 3. Authorizing the City Manager, or her designee, the option to renew the Agreement for three (3) additional one-year terms, for the not-toexceed compensation of $8,400.00 for each one-year extension, upon the City Manager providing written notice to Consultant at least thirty (30) days prior to the expiration of the extended original term or a prior extension.

F. City Council Approve Amendment No. 2 to the Professional Services Agreement with Parkeon, Inc. for Parking Enforcement Equipment, Technologies, and Services to the City - That City Council adopt Resolution 7448: 1. Approving Amendment No. 2 to the Professional Services Agreement dated February 12, 2018 (“Agreement”), as previously amended by Amendment No. 1 dated May 9, 2022, between the City of Seal Beach and Parkeon, Inc. for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the term of the Agreement to and including February 12, 2024, (ii) increase the compensation to be paid to Consultant by $10,920, for the revised total no-to-exceed amount of $110,035, for additional services for the extended term; and (iii) to provide that the additional $10,920 sum shall be used for Consultant to provide additional services to the City as set forth in Section 3.0 of Amendment No. 2 in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A-1, but in no event will the City pay more than $10,920 for additional services for the extended term; and, 2. Authorizing and directing the City Manager, or her designee, to execute Amendment No. 2 to the Agreement; and, 3. Authorizing the City Manager the option to renew the Agreement for up to three (3) additional one-year terms for the not-to-exceed amount of $10,920 for each extension, on the same terms and conditions, upon the City Manager providing written notice to Consultant at least 30 days prior to the expiration of the previous extension.

G. Approving Amendment No. 1 to the Professional Services Agreement with Data Ticket, Inc. for Parking Enforcement Equipment, Technologies, and Services to the City - 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 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.

H. 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 - 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.

I. Approving the Fifth Amendment to the West Orange County Water Board Joint Powers Agreement - 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.

J. Notice of Completion for the Seal Beach Pier Emergency Pier Repair, CIP EM2023 - 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.

K. Termination of Deed Restriction and Covenant for 405 Opal Cove Way - 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.

L. Rejecting All Bids for Lampson Avenue Bike Lane Gap Closure, CIP ST1811 - That the City Council adopt Resolution 7454 rejecting all bids received for Lampson Avenue Bike Lane Gap Closure, CIP ST1811.

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

NEW BUSINESS
M. Code Enforcement Officer Safety Standards - That the City Council adopt Resolution 7455 approving the City of Seal Beach Code Enforcement Officer Safety Standards.

ADJOURNMENT
Adjourn the City Council to Monday, October 9, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

CITY OF SEAL BEACH
ACC-OC Presentation to City Council
September 25th, 2023
About ACC-OC
EDUCATION | POLICY | ADVOCACY
➢The Association of California Cities–Orange County
(ACC-OC) represents the interests of cities on regional public policy issues.
➢Membership consists of cities and affiliate members;
such as public agencies, businesses, non-profits, and
higher education institutions. Association is governed
by a Board of Directors and operates as a 501c3.
➢Established in 2011, under the philosophy that
Orange County cities need a collaborative voice on
public policy issues impacting our communities.

ACC-OC Member Cities & Affiliates

ACC-OC STANDING

COMMITTEES
• Energy, Environment & Water
• Legislative & Regulatory
• Housing
• Homelessness & Solutions
Coming Soon
• Economic Development and Tourism
• Transportation and Infrastructure
Communicating Best Practices
EDUCATION | POLICY | ADVOCACY
➢ACC-OC online resources promote cities,
advocate solutions, educate and inform
officials.
➢Relaunched website with resource library for
cities.
➢Dynamic new online newsletters, Policy Pulse
and Open Session.
➢Developing ACC-OC Podcast.

Programming
EDUCATION | POLICY | ADVOCACY
7 ➢ACC-OC hosts educational programming
and events to serve cities, public
agencies, and the greater community.
➢State and federal advocacy programs,
Public Policymakers Academy, Leadership
Conference, quarterly dinner programs,
educational forums, and infrastructure
tours.
➢ACC-OC strives to provide meaningful
opportunities to help Orange County
leaders serve their cities and our region.
“ACC-OC:

Keeping OC in
LOCal
Government!”
2023 Programs & Events to Date
EDUCATION | POLICY | ADVOCACY
➢ Newly Elected Officials Orientation & Training
➢ With AB 1234 and AB 1661 Certifications
➢ Mass Shooting & Critical Incident Preparedness Forum
➢ ACC-OC Sacramento Advocacy Program
➢ ACC-OC Washington DC Advocacy Program
➢ Smart City Quarterly Dinner
➢ Public Policy Maker Academy (PPMA)
➢ Annual Summer Legislative Roundtable & Reception
➢ Infrastructure Tours
➢ Monthly Legislative & Regulatory Committee
➢ Energy, Environment, & Water Committee
➢ ACC-OC Housing Committee
➢ ACC-OC Homelessness & Solutions Committee
Upcoming Programs & Events
EDUCATION | POLICY | ADVOCACY

THANK YOU
On behalf of ACC-OC, thank
you to the City of Seal
Beach for your time and
consideration of
membership. We look
forward to partnering on
our programs,
communications, and
advocacy efforts on behalf
of Orange County cities!
Keeping OC in LOCal Government
Be the leading voice for Orange County Cities and elected officials on public policy issues through advocacy, education, and collaboration.

Honorable Mayor and Council Members,
Thank you for the opportunity to present on the work and membership benefits of ACC-OC at the upcoming Seal Beach City Council meeting on September 25, 2023.

ACC-OC provides Orange County with a unified voice on vital municipal issues at the regional, state, and federal levels of government. Our three pillars of service are centered on education, policy, and advocacy on behalf of Orange County cities and our community stakeholders. Our focus is to maintain OC in LOCal Government – always working to protect and enhance the local governance and unique characteristics of all 34 cities in our county.

In addition, ACC-OC provides valuable educational programs, training sessions, conferences, and events on a variety of topics, including public safety, economic development, housing, homelessness, environment, water, transportation, and diverse infrastructure issues. Through these forums, our members connect with other city officials to share best practices, which leads to new ideas and innovative solutions.

On behalf of the ACC-OC Board of Directors, I would like to offer the City of Seal Beach a 10% Discounted 2023 Membership Rate, which we have offered to all of Member Cities since the pandemic to help offset revenue losses. Member dues are based on a formula that combines a base amount of $5,000 per city, with an additional sum derived from multiplying the city’s population by a factor of 0.1375. With the discounted rate of 10 percent, the City of Seal Beach’s annual membership would be at the calculated rate of $7,550.07.

I hope that you will consider joining ACC-OC as a member city. We are stronger together and your leadership would add tremendous value to our work on behalf of all Orange County communities.

If you have any questions or would like more information, please do not hesitate to contact me. I look forward to seeing you at the council meeting next week.

Sincerely,
Kris Murray
Executive Director
Association of California Cities-Orange County (ACC-OC) 2023 ACC-OC Membership Proposal

SEAL BEACH
2023 ACC-OC Membership Proposal

SEAL BEACH
LOCAL CONTROL - Keeping OC in LOCal Government

ACC-OC MEMBER CITY BENEFITS
EDUCATION - Collective Knowledge
PUBLIC POLICY - Consensus-Driven Decision Making
NETWORKING - Empowers Local Leaders
PUBLIC-PRIVATE COLLABORATION - Stronger Together
Members collaborate with colleagues, from across Orange County's 34 diverse cities, to solve problems and address regional issues while working to preserve and enhance their individual communities.

Members work together to share ideas, experiences, and knowledge relating to current issues impacting Orange County. ACC-OC offers training and leadership development programs designed for both elected officials and city staff.

Member cities work together to formulate public policy recommendations and advocate for their common interests on local, regional, state, and national issues.

ACC-OC acts as a clearinghouse for information of value and relevance to its members and facilitates opportunities for our members to meet and collaborate with colleagues from across Orange County.

ACC-OC facilitates dialogue between public officials and other regional and private sector entities to find ways to improve life for all Orange County residents.

Keeping OC in LOCal Government
Be the leading voice for Orange County Cities and elected officials on public policy issues through advocacy, education, and collaboration.

MISSION
Be the primary resource for promoting excellence and providing leadership on the issues that matter most to Orange County.

VISION
ACC-OC believes in the process of facilitating dialogue that allows multiple stakeholders to develop solutions and solve problems that improve the quality of life for Orange County residents, while preserving the character and values of individual communities. The organization was established in 2011 under the philosophy that Orange County cities need to have a collaborative voice on public policy issues impacting the community. This is evident through the work of the Association, which includes energy and environment, economic development, housing, homelessness, transportation and water – issues that impact all 34 Orange County cities.

ABOUT ACC-OC
The Association of California Cities – Orange County (ACC-OC) represents the interests of Orange County cities on regional public policy issues. The Association believes in education that empowers, policy development that is collaborative, and advocacy that is service orientated. The ACC-OC membership base consists of the cities of Orange County, dozens of local government special districts, businesses, non-profits and partnerships with higher education institutions.
2023 ACC-OC Membership Proposal

SEAL BEACH
23 Member Cities
39 Affiliate Members
13 Voting Board Members with a wide range of regional representation

ACC-OC AT A GLANCE
Annual Events
New Councilmember Training and Orientation (January 2023) Sacramento Advocacy Trip (March 2023)
Washington D.C. Advocacy Trip (April 2023)
Board of Directors Installation (May 2023)
OC Legislative Roundtable and Summer Reception (August 2023) Public Policymakers Academy (August 2023)
Annual Business Meeting and Holiday Mixer (November 2023) Monthly Events
Committee Meetings
Legislative and Regulatory Committee (3rd Thursday of Every Month) Energy, Environment and Water Committee (2nd Tuesday of Odd Months) Housing Committee (4th Wednesday of Odd Months)
Homelessness Committee (4th Wednesday of Even Months)
Quarterly Educational Dinners and Forums
Mass Shooting and Critical Incident Preparedness Forum (February 2023) SMART Cities Quarterly Dinner (June 2023)
Governing in the Era of Artificial Intelligence
Infrastructure Tours
National CORE Affordable Housing Tour (June 2023)
Bridges at Kraemer Place Homelessness Tour (July 2023)
Yorba Linda Water District Heli-Hydrant Tour (August 2023) SoCalGas Hydrogen House Tour (September 2023)
SCE Gid Innovation Center Tour (October 2023)
Quarterly Events
2023 ACC-OC Membership Proposal

SEAL BEACH
City Members
Affliate Members
ACC-OC not only provides a place to come together to solve problems and work collaboratively, but also offers a mechanism that supports regional efforts that create financial and operational efficiencies. ACC-OC represents the interests of all Orange County cities through its advocacy and education efforts.

Aliso Viejo Anaheim Buena Park Costa Mesa Dana Point Fountain Valley Garden Grove Huntington Beach Irvine Laguna Beach Laguna Hills Laguna Niguel Lake Forest Los Alamitos Mission Viejo Newport Beach Orange Placentia San Juan Capistrano Santa Ana Stanton Villa Park Yorba Linda AT&T Best, Best & Krieger OC Black Chamber ocV!BE Cal State Fullerton CalOptima Health CEO Leadership Alliance of Orange County Charter Communications Cityside Fiber Crown Castle Cox Communications CR&R Inc.

Disneyland Resorts ENGIE Faubel Public Affairs Goodwill OC Great Scott Tree Care Hospital Association of Southern California Jamboree Housing Mesa Water District Metropolitan Water District Moulton Niguel Water District Municipal Water District of Orange County National CORE National Demographics Corporation Orange County Mosquito and Vector Control Orange County Realtors Association Orange County Sanitation District Orange County Transportation Authority Orange County Water District Rutan & Tucker, LLP Southern California Gas Southern California Edison Transportation Corridor Agencies UC Irvine's Institute of Transportation Studies West Coast Arborists Yorba Linda Water District Waste Management Woodruff & Smart Members Tour the Yorba Linda Water District
Wells Fargo Heli-Hydrant in Aug. 2023 with a
demonstration by the Orange County Fire
Authority and discussion on Wildfire Mitigation.

Participants hear a briefing from White
House Director of Intergovernmental Affairs
Gabe Amo at the ACC-OC Mass Shooting
and Critical Incident Preparedness Forum.

ACC-OC's 2023 Delegation traveled to
Washington DC and advocated on behalf of
Orange County at the Nation's Capital on
Orange County top issues.

Board of Directors
2023-24 ACC-OC
The Board of Directors understands that good public policy is the product of collaboration with all stakeholders. That is why we welcome a variety of members from the non-profit, intra-governmental and business communities.

Education. Policy. Advocacy.

Al Murray
Emeritus Chair
Kris Murray
Executive Director
ACC-OC
Marnie Primmer

O C C O G
Mal Richardson
Best, Best & Krieger
Jessie Lopez
Santa Ana Mayor Pro Tem
2nd District
Representative
John Taylor
San Juan Capistrano
Council Member
5th District
Representative
Stephen Faessel
Anaheim
Council Member
4th District
Representative
Crystal Miles
Villa Park
Council Member
3rd District
Representative
Will O'Neill
Newport Beach
Mayor Pro Tem
Large City
Representative
Patrick Harper
Fountain Valley
Council Member
1st District
Representative
Bob Ruesch
Mission Viejo
Council Member
Large City
Representative
Tony Strickland
Huntington Beach
Mayor
Large City
Representative
Jamey Federico
Dana Point
Mayor Pro Tem
2nd Vice President
Rhonda Shader
Placentia
Council Member
Legislative & Regulatory
Committee Chair
Gene Hernandez
Yorba Linda Mayor
1st Vice President
Janine Heft
Laguna Hills Mayor
Immediate Past
President
Stephanie
Klopfenstein
Garden Grove
Council Member
President
Tina Javid
SoCalGas
Grace Leung

O C C M A
Kelley Lee
Southern
California Edison
Darrell Johnson

O C T A
C hr i s t ine M i l l e r
D i sne y l and R e s o r t s

SUPPORT
Efforts to preserve, strengthen and protect local control over land use, planning and zoning, and public right-of-way.

SUPPORT Increased flexibility for and input on Regional Housing Needs Assessment (RHNA) requirements.

SUPPORT
Funding for emergency shelters, transitional housing, and permanent supportive housing, including ongoing costs.

SUPPORT Sustainable and reliable funding sources for the production of housing in local communities.

SUPPORT CEQA reform to reduce burdens, hurdles and costs for housing projects.

SUPPORT Maintaining local authority over housing and land use decisions throughout the CEQA process.

SUPPORT
A partnership with the State that values the expertise, input, and priorities of local government as we seek to meet join goals.

OPPOSE Policies that usurp local control or favor a one-size-fits-all approach.

OPPOSE
Policies that disincentivize the production of housing, including those that increase housing costs or limit housing stock.

SUPPORT Legislation that helps cities address pension liability issues.

SUPPORT Legislation that protects locally generated revenues or tax revenues allocated to cities.

SUPPORT Efforts to secure a fair share of funding from SB 1 for local transportation projects.

SUPPORT The retention of internet sales tax revenues in the jurisdiction where the purchase was made.

OPPOSE The imposition of binding arbitration over labor issues at the local level.

OPPOSE Any new state or federal mandates without an ongoing funding source for complying with the mandate.

OPPOSE
Efforts to balance the state budget using general or specific fund revenues traditionally allocated to local agencies.

OPPOSE Legislation that borrows from, redirects, eliminates, or shifts locally generated revenues for other purposes.

SUPPORT Increase funding for law enforcement training costs related to homelessness and mental health.

OPPOSE Legislation that impacts eligibility for disaster response and recovery assistance.

SUPPORT
Investments in infrastructure that leverage other funding sources and reward regions with local revenue matching abilities.

SUPPORT
CEQA/NEPA streamlining where appropriate and increased local authority over infrastructure projects and funding.

SUPPORT
Policies that provide local flexibility in meeting greenhouse gas reduction and other State environmental goals.

SUPPORT
The protection of all existing and new transportation funding sources, including locally generated sales taxes, from new conditions on the use or distribution of funds.

OPPOSE
Efforts to reduce or eliminate local decision making over priority setting and project selection for locally generated sales tax revenues for transportation.

OPPOSE Policies that divert or reclassify transportation revenue sources for General Fund or Debt Service use.

OPPOSE The use of CEQA lawsuits for purposes other than for legitimate environmental mitigation.

Housing, Homelessness and Land Use
Budgetary and Fiscal Matters
Public Safety
Transportation
SUPPORT Federal legislation to provide long term storage solutions for nuclear waste.

SUPPORT
Polices that improve water quality, reliability, and affordability across the state by providing incentives, funding and support for local water agencies.

SUPPORT
Investments in existing and new water infrastructure and the development of new water supplies and storage facilities across the state.

Environmental

A C C - O C L E G I S L A T I V E & P O L I C Y G U I D E L I N E S Support:
- AB 334 (Rubio) - Public contracts: conflicts of interest - AB 400 (Rubio) - Local agency design-build projects: authorization. - AB 799 (Rivas) - Homelessness: financing plan
- AB 1708 (Muratsuchi) - Theft
- SB 44 (Umberg) - Controlled substances
- SB 366 (Caballero) -The California Water Plan: long-term supply targets - AB 914 (Friedman) - Electrical infrastructure: California Environmental Quality Act: review time period. - AB 701 (Villapudua) - Controlled substances: fentanyl. - AB 744 (Carrillo) - California Transportation Commission: data, modeling, and analytic software tools procurement. - SB 226 (Alvarado-Gil) Controlled substances: armed possession: fentanyl - AB 965 (Carrillo) Local government: broadband permit applications - SB 617 (Newman) Public contracts: progressive design-build: local and regional agencies: transit - ACA 12 (Dixon) Controlled substances
Oppose
- SB 252 (Gonzalez) - Public retirement systems: fossil fuels: divestment - SB 423 (Wiener) -Land use: streamlined housing approvals: multifamily housing developments - AB 6 (Friedman) Transportation planning: regional transportation plans: Solutions for Congested Corridors Program: reduction of greenhouse gas emissions
- AB 7 (Friedman) Transportation planning: project selection processes - AB 894 (Friedman) - Parking requirements: shared parking - AB 1532 (Haney) - Office conversion projects
- AB 742 (Jackson) - Law enforcement: police canines
- AB 68 (Ward) - Land use: streamlined housing approvals: density, subdivision, and utility approvals - AB 1485 (Haney) - Housing element: enforcement: Attorney General - AB 480 (Ting) - Surplus land
- AB 976 (Ting) - Accessory dwelling units: owner occupancy requirements - AB 1463 (Lowenthal) - Automated license plate recognition systems: retention and use of information - AB 309 (Lee) - The Social Housing Act
Oppose unless Amended:
- AB 1572 (Friedman) - Potable water: nonfunctional turf Watch:
- SB 411 (Portantino) - Open meetings: teleconferences: bodies with appointed membership - SB 706 (Caballero) Public contracts: progressive design-build: local agencies A C C - O C 2 0 2 3 B I L L A C T I O N
The ACC-OC Legislative and Regulatory Committee takes positions on proposed state legislation at the monthly committee meetings.

Bills are regularly brought to the Committee with recommendations for support or oppose positions by ACC-OC Staff.

Below is the current action taken on 2023 bills by the Committee as of August 31st, 2023.

O R A N G E C O U N T Y ’ S H O U S I N G S T O R Y
Partner with cities to provide incentives and flexibility to help increase housing production, including RHNA reform, California Environmental Quality Act (CEQA) reform, tax credits, and grants.

RHNA Reform:

Allow local jurisdictions to trade housing unit allocations or allow smaller jurisdictions to partner together to meet a subregional housing allocation.

Postpone additional state regulations and new housing laws until HCD has completed their RHNA Report due out by the end of 2023.

Define in simple and easily understood terms “substantially compliant” with respect to housing elements to ensure objective criteria requirements are clearly understood by local cities.

CEQA Reform:

Reduce barriers and burdens to building affordable housing, quality shelters, and temporary/permanent supportive housing.

Provide long-term, stable funding for all types of housing, including home ownership.

Collaborate with cities to provide additional tax revenues consistent with increased housing production.

Increase funding through the Regional Early Action Planning (REAP) programs to provide grant funding for cities.

Orange County has been able to leverage a portion of this funding to:

Provide technical assistance and tools to support cities, in particular smaller cities with fewer staff dedicated to these purposes.

Produce a series of housing videos to help educate the public on state housing mandates.

Create an ADU toolkit for cities to make it easier to implement ADU housing law changes.

Support ongoing and collaborative subregional efforts with various governmental entities such as the Ventura County Council of Governments and Gateway Cities Council of Governments to create an information clearinghouse and resources to facilitate ADU production.

Provide resources to help cities build the infrastructure needed to expand services that new housing and population growth will require including sustainable water supplies, streets, roads, sewers, public transit, parks, and utilities.

Work with cities on ways to improve public understanding of various housing types and how housing production differs from city to city.

Establish tools for cities to facilitate infrastructure issues, such as waste management, water, and parking when new units are built in local neighborhoods.

In California, the need for increased levels of housing production have been made clear. The 34 Cities that make up Orange County are in the process of providing the most dramatic levels of increased production in county history.

In the SCAG Region, the Construction Industry Research Board (CIRB) found that 53,745 new housing units were permitted in 2022 – the most since 2006. In addition, the California Department of Housing and Community Development (HCD) estimates that historically undercounted or completed Accessory Dwelling Units (ADUs) will add over 11,000 units to 2021’s total number.

The increased housing construction activity in the SCAG region is also reflected in Orange County. In fact, Orange County annual housing production has increased by over 300% between 2011 and 2021. Orange County cities, much like other cities across California, are challenged by the 6th cycle Regional Housing Needs Assessment (RHNA), which would require significantly increased levels of production (nearly 23,000 new units annually, up from almost 7,000 annually in 2021).

This is required in a truncated time period compared to the 5th cycle, in which the numbers were more achievable to attain. Without additional state support, resources, and reforms needed to build the required housing, many cities across the state may continue to fall short.

ACC-OC proposes the following state policy proposals for consideration:

A C C - O C S T A T E I S S U E B R I E F S

T R A N S P O R T A T I O N
Ensure existing transportation planning programs are reliably making progress towards meeting state climate mandates.

Continue to engage local transportation agencies in future policy proposals related to transportation funding and project selection/prioritization.

In support of the California Council of Governments (CALCOG), ACC-OC urges the California Air Resource Board (CARB) to reevaluate actions that hold local agencies accountable for reduction of greenhouse gas (GHG) targets that are not reasonably within their control. The State should evaluate, track progress, and assign accountability based on areas of jurisdiction.

Allocation of additional funds to help local transit agencies maintain service levels.

ACC-OC supports OCTA’s request to restore proposed budget cuts of $2 billion for the Transit and Intercity Rail Capital Program.

Fund critical local EV infrastructure to accommodate a significant increase in zero-emission vehicles.

Plan sufficient electric capacity and charging infrastructure is in place ahead of 2035.

Evaluate grid capacity at the local and state level to ensure sustainability and feasibility of current systems and make improvements and augmentations needed to meet this mandate.

Provide financial assistance for low-income individuals, unable to afford the higher price of an electric vehicle.

Evaluate impacts to how the transportation system is funded as the State transitions to zero-emission vehicles.

CLIMATE AND TRANSPORTATION
Transportation plays an important role in the climate discussion both regionally and at the state level. Transportation agencies are complying with several significant state programs including SB 375, the California Air Resources Board Scoping Plan, SB 743 and Cap-and-Trade. ACC-OC is committed to working with our transportation agencies to maintain local flexibility in the funding and selection of projects that help Orange County cities.

Recommendations
The following efforts are designed to ensure transportation policies are in line with city needs:

TRANSIT FUNDING
In the FY 2022-2023 State Budget, one-time funding was included to support transit-based capital projects. These funds were a critical component of supporting transit agencies during COVID, along with other relief measures.

Recommendations
As transit agencies continue to recover from the loss of ridership that occurred as a result of "stay at home" orders, additional support is needed to ensure that operations can be maintained to support economic recovery efforts including:

ELECTRIC VEHICLE MANDATES
State agencies are working to comply with the Governor’s executive order requiring all new vehicle sales in California to be zero-emission by 2035.

Recommendations
Local agencies are also evaluating infrastructure needed to support these efforts. Strategic planning is vital to ensure the state and cities are able to successfully meet the objectives of this executive order:
$2.5 billion in cuts to Zero Emission Vehicle Programs. $2.7 billion in General Fund reductions are proposed to the Transit & Intercity Rail Capital Program, Active Transportation Account, Climate Adaptation Program, and Grade Separations.

New funding for Drought Response and Water Resilience is proposed in the following areas: $135.5 million for Urban Flood Risk Reduction, $125 million for Drought Contingency, $4.7 million for planning and permitting new water supplies, and $7 million for water conservation and drought planning.

Funding to implement Community Assistance, Recovery and Empowerment (CARE) Courts in pilot counties, which includes Orange County. $88.3 million for county start up and state implementation costs and $191.5 million over three years for county behavioral health department costs. $3.4 billion to maintain state homelessness related funding commitments including $400 million for a third round of encampment resolution grants and $1 billion for a fifth round of Homelessness Housing, Assistance and Prevention (HHAP) grants.

Future eligibility for homelessness-related grants and competitive programs, which could be dependent on future compliance with state housing law.

Maintain investment in programs that will help address significant service needs that local communities are facing regarding housing and homelessness.

Provide funding for local transit operations to maintain services.

Prevent additional regulatory burdens on funding intended to help local agencies meet required housing mandates.

Provide sufficient state funding sources for zero-emission vehicles and required infrastructure.

The Governor’s January Budget Proposal projected a $22.5 billion deficit for FY 2023-2024 with expectations that the actual number will be higher when the revised figures have been issued. ACC-OC will work with state officials to protect local revenue sources as budget revenue measures are considered and adopted. Key proposals from the Governor's proposed budget are described below:

CLIMATE AND TRANSPORTATION

HOUSING AND HOMELESSNESS
Recommendations
Prudently plan for and maintain important programs that are locally beneficial as state and local agencies seek to meet state requirements:

E N E R G Y , E N V I R O N M E N T & W A T E R

S T A T E B U D G E T
Support SCAG’s request to create a task force on CEQA modernization to provide a comprehensive review of potential reforms for all infrastructure types. The task force must include local agencies from across the state who represent a variety of industry areas.

Assist local communities challenged by weather-related disasters.

Significantly expand water storage and reclamation projects to capture critical water supply during heavy rains and storm events to reduce drought-related impacts on cities.

As cities plan for the future, ensuring sufficient resources to support California’s growing population are paramount. In addition, as drought, flood, and wildfire-related events increase annually, it is important to set aside funding to help build reliable and sustainable infrastructure for the future.

Finally, CEQA has not been substantially evaluated or updated since it was originally adopted in 1970. In order to meet state requirements, it is imperative that CEQA reform be advanced to achieve state mandates, in full compliance of the law, while still protecting against the potential impact of critical environmental hazards.

Recommendations:

Increased collaboration between cities and the U.S. Housing & Urban Development Department to support cities and protect local control while achieving housing goals.

Include robust funding for the following housing programs: Community Development Block Grant (CDBG) program, Emergency Solutions Grants (ESG) and the HOME Investment Partnerships Program (HOME) in the FY24 Appropriations package and create new tools to confront the housing crisis. In addition, the Low-Income Housing Tax Credit should be expanded.

Support legislation to increase the Low-Income Housing Tax Credit (LIHTC) percentage to help finance construction and preservation of affordable homes nationwide.

Support direct funding for local governments to accelerate housing development including CDBG, HOME, and the Housing Trust Fund.

Support housing stability programs for residents in distress including Housing Choice Vouchers, Emergency Solutions Grants Program, Rural Housing Programs, and enact the Eviction Crisis Act.

Make cities and towns of all sizes eligible for capacity building, technical assistance, and pre-development programs like the Thriving Communities initiative and the "Yes In My Backyard" competitive grant program.

Support grants and tax-credits for affordable and public housing improvements including cost-saving energy efficiency improvements and expanded access to broadband.

Overview: Orange County and its 34 cities are home to 3.16 million people and 1.6 million jobs. Housing is a top priority in Orange County where the median home price is $1.26 million and the demand for housing has outpaced supply. Cities and local officials know the needs of their communities best. To effectively address housing challenges, maintaining local land use authority and control is essential, while working with the private sector and the federal government on housing solutions.

Although Orange County is more built out than other regions of Southern California, there are opportunities to create new options for affordable housing, renting, and homeownership in a way that complements our local communities’ character and goals.

Recommendations:

H O U S I N G A N D L A N D U S E

A C C - O C F E D E R A L I S S U E B R I E F S A N D

L E G I S L A T I V E P R I O R I T I E S

P U B L I C S A F E T Y
Increased funding for law enforcement training costs related to homelessness and mental health.

Support the Fentanyl Prevention Caucus. Fentanyl is a national crisis. In California, there were 239 fentanyl-related deaths in 2016. By 2021 this number increased by 2,294% to 5,722 deaths. In that same period Orange County fentanyl deaths increased from 37 to 716.

Oppose legislation that impacts eligibility for disaster response and recovery assistance.

Overview: Public safety is an essential role of local government. Orange County cities work in partnership with the Orange County Sheriff’s Department, municipal law enforcement and fire departments, as well as emergency services and local hospitals to ensure the health and welfare of our residents and communities. ACC-OC urges the Biden Administration and Congress to fund and authorize community-based programs to serve mental health and homelessness programs affecting cities nationally. Law enforcement should not be the sole representative of government these individuals rely on for services. ACC-OC urges increased funding and opposes federal regulatory actions and/or legislation that impacts local government eligibility for disaster response and recovery programs. ACC-OC urges comprehensive federal action to respond and address the national Fentanyl crisis.

Recommendations:

E C O N O M I C D E V E L O P M E N T
Orange County advocates for its fair share of Federal funding based on population, urban nature, and the amount of tax revenue contributed to Federal budgets.

Encourage the federal government to help create opportunities for public-private partnerships that facilitate private sector investment, rather than governmental taxes and spending, to accomplish public benefits.

Support funding for the RECOMPETE Pilot Program, which will provide funding to persistently distressed communities to develop and implement 10-year economic development strategies and create jobs.

Support and invest in sector partnerships to connect local workers to careers in local industries that have significant hiring needs and expected growth.

Support investments in direct workforce funding, including the reauthorization of the Workforce Innovation and Opportunity Act (WIOA) and National Apprenticeship Act.

Maintain stability of government operations to minimize disruptions in local governance by preserving local funding from the American Rescue Plan Act, Bipartisan Infrastructure Law, Inflation Reduction Act.

Overview: Cities are drivers of economic development in their communities, everything from implementing major capital improvement and infrastructure projects, to attracting and retaining business ventures, to providing critical public services. Cities constantly navigate the challenge of growing their economies while complying with state and federal mandates, many of which are unfunded. The development of our future workforce is also just as crucial to Orange County’s economic vitality.

Recommendations:

T R A N S P O R T A T I O N
Ensure Orange County receives its fair share of the Infrastructure Investment and Jobs Act (IIJA) funds.

Maximize federal transportation funding programs that are formula-based to ensure predictability and to quickly obligate them to ready-to-go projects.

Ensure implementation of Build America, Buy America requirements, specifically those related to construction materials, are done in a feasible manner to ensure that materials are adequately available for purchase within the United States.

Seek funding opportunities, and coordination with federal partners, including the Federal Rail Administration, on impacts to intercity rail from coastal erosion.

Maintain flexibility for regions to direct federal funds to priority projects.

Support Federal Highway Administration Guidance on use of Highway funding.

Overview: Seamless mobility is essential to the quality of life of Orange County cities. Effective transportation networks reduce congestion, greenhouse gas emissions, and provide essential connectivity for residents and workers. Orange County is a selfhelp county with a dedicated half cent sales tax committed to funding vital transportation systems. Our cities work in partnership with our transportation agencies, as well as federal agencies to fund multi-modal transportation programs and projects.

Recommendations:

H O M E L E S S N E S S & M E N T A L H E A L T H
Efforts to develop sustainable and ongoing funding sources for the creation of permanent supportive housing and affordable housing in local communities, including tax increment tools.

Increased federal appropriations for key housing and homeless assistance grant programs and legislative initiatives that authorize funding for comprehensive services and care coordination, including housing stabilization services funding paired with housing subsidies.

Increased funding for federal programs, including but not limited to the Housing Choice Voucher Program, Community Development Block Grant Program, and Emergency Solutions Grants; and advocate for increased resources to meet the increasing demand for disability compensation, health care related claims, and the housing needs of its growing veteran population.

Sufficient resources and flexibility to implement federal initiatives, as well as advance federal, state, and local partnerships to provide evidence-based treatment to justice involved youth and adults with mental illness and substance use disorders.

Funding and federal support for innovative solutions to mental health services (e.g. Be Well behavioral health campuses).

Overview: Homelessness is a growing crisis across California and impacts cities of all sizes, geographic locations, and socioeconomic levels, including Orange County. Homelessness is both a housing and mental health challenge. Local governments are on the front line of addressing homelessness, and support from the federal government is critical to solutions.

There is also a growing mental health challenge prevalent among students as impacts from COVID-19 are still being realized.

Recommendations

U T I L I T I E S , I N F R A S T R U C T U R E , E N E R G Y Support continued rollout of broadband infrastructure, access, and affordability programs and federal funding (e.g.

Affordable Connectivity Program).

As nationwide goals for renewable energy advance, cities need adequate support from the state and federal government and public/private utilities to ensure reliability and affordability.

Support reauthorization and full annual funding of the Energy Efficiency and Conservation Block Grant.

Implementation of federal Infrastructure Legislation that provides for equitable distribution of funds, maintaining or increasing funding levels for critical programs, prioritizes local discretion in programming and allocation decisions, and rewards regions with local revenue matching abilities.

Infrastructure Investment and Jobs Act and the Inflation Reduction Act provided significant investments for addressing climate change, supporting clean energy and making communities more resilient in the face of extreme weather events and natural disasters. ACC-OC will continue to advocate for policies and programs that support local climate action and a federal partner to address this critical issue.

Since 1998, the federal government has failed to meet its statutory and contractual obligations to begin removing spent nuclear fuel from the San Onofre Nuclear Station, despite the fact that nationwide ratepayers have already pre-paid $46 billion dollars (including interest) to the Nuclear Waste Fund to pay for the development of a permanent repository, including $2 billion from California customers. Taxpayers also continue to pay $2 million a day ($9 billion since 2000) to compensate utilities for continuing to store 86,000 metric tons of spent fuel on site at 76 operating or shutdown nuclear power plants in 34 states. The problem will only continue to grow in coming years, surpassing the 100,000 metric ton mark by 2030 and an anticipated 140,179 metric tons of spent fuel accumulated during the remaining lifetime of existing nuclear power plants across the country.

To address this problem, Orange County, San Diego County and SONGS co-owners (Southern California Edison, San Diego Gas & Electric and the City of Riverside) have formed the Spent Fuel Solutions. ACCOC is among the 250+ organizations and community leaders members of the coalition. In addition to working with the Department of and Energy on its consent-based storage initiative, the coalition and national experts are collaborating on recommended changes to the Nuclear Waste Policy Act to support the interim and permanent storage of the spent fuel at SONGS and other facilities across the nation. ACC-OC is supporting the bipartisan Spent Nuclear Fuel Solutions Caucus, which is also looking to prioritize this issue in the House of Representatives.

Overview: To sustain Orange County’s dynamic economy and quality of life, a strong infrastructure network to support the efficient movement of goods, services, people, and information is critical, as are the resources and reliability needed to sustain that activity. Orange County has historically made significant investments in its energy, telecommunications, environmental, transportation, and water infrastructure, but continued support from the federal government to maintain these investments is crucial. Cities are at the intersection of local, regional, state, and federal infrastructure networks and play a critical role in ensuring the right systems are in place to best serve their communities.

Recommendations:

W A T E R S O L U T I O N S A N D E N V I R O N M E N T Securing Orange County’s fair share of approved and proposed federal water infrastructure funding.

State and federal cooperation, funding and policy adoption to ensure balanced implementation of a modernized Delta Conveyance to achieve the co-equal goals of Delta ecosystem restoration and improved water supply reliability.

Federal funding for the development of local and regional projects that will improve water reliability through transfers, desalination, water use efficiency, storage and water recycling.

A sustainable solution preserve and protect the Colorado River water supply resource.

Support the long-term reauthorization of the National Flood Insurance Program.

Cooperation from the federal government to ensure environmental regulations do not impose unnecessary burdens or unintended consequences on local governments or communities.

Overview: Orange County is a desirable place to live, work, and play in large part because of its ideal climate and pristine coastal environment. Supporting Orange County’s population and economy requires a reliable and sustainable source of water and natural resources. At the same time, overly burdensome environmental regulations often result in unfunded mandates that make compliance difficult for many cities.

Recommendations:

1 Gloria Harper
From: Stephanie Wade <[email protected]>
Sent: Monday, September 25, 2023 11:04 AM
To: Dana Engstrom; Gloria Harper
Subject: Comment for Council meeting this Evening
Hello Gloria and Dana,
I’m writing with a comment I would like read at tonight’s council meeting during the public communications of the meeting:
“Good evening Mayor Moore, Mayor Pro Tem Sustarsic and members of the council, Unfortunately, I had a medical procedure today that prevents me from attending in person this evening. So I am writing to express my concerns about fire risk in our city. As you surely know, a house on Welcome Lane in Seal Beach Shores on Sunday, 9/17. That home is less than 50 yards from my home and I watched as the flames engulfed my neighbor Tracy’s home and ultimately took the lives of her pets.

Our heart goes out to Tracy. It’s a tragic loss.

But it’s also a grave cause for concern. I and I imagine every who lives on 1st street are extremely worried. Many of us are concerned that the response from OCFA wasn’t fast enough to save Tracy’s home and animals but also worry that it could have been far worse.

So I will not be alone in looking to this council meeting for answers. We have a very densely populated city set on flat, ocean adjacent ground that that greatly increases the dangers of house fires like the one that took Tracy’s home and could easily have spread widely through our most densely populated neighborhoods. I hope you’ll be asking the right questions tonight to make sure that we are as fire safe and as well served by OCF as possible.

Stephanie Wade
Seal Beach, D-3
Sent from my iPhone
Questions for September 25, 2023 City Council Meeting Sustarsic Warrants:

SEALBREV08/ 9- 2 9/ 11/ 23 Wells Fargo Bank Invoice 97, 865. 85 SB CA Pub Fin Auth Lease 1- 09 FA
What is this for?
This is the Quarterly Debt Service payment for the Fire Station 48 Bond.

EFT# 2887 9/ 13/ 23 Parking Concepts 11, 804. 00
Services 7/ 2023
What are these services?
This is for the senior bus services. The vendor is Transportation Concepts; however, their parent company is Parking Concepts. The shuttle services operate citywide, Monday through Thursday. There are currently over 1, 400 users registered in the program. The City' s Senior Mobility Program consists of two programs, one being dial- a- ride operated by Yellow Cab and the other being the Senior Shuttle operated by Transportation Concepts.
27682 9/ 5/ 23 Services 6/ 2023 Invoice 26, 103. 09
What is this for?
This was a payment to T. E. Roberts for the emergency sewer line work where a sinkhole was identified at Seal Beach Boulevard at Town Center Drive.
4 Agenda Item A

AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the September 11, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on September 11, 2023.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on September 11, 2023.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Closed Session, September 11, 2023
B. Minutes – Regular Session, September 11, 2023
Seal Beach, California
September 11, 2023
The City Council met in Closed Session at 6:30 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Moore (via Zoom)
Council Members: Sustarsic, Landau Steele, Kalmick

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Gloria D. Harper, City Clerk
Mayor Pro Tem Sustarsic lead the meeting and read the teleconference notice indicating that one or more Council Members are expected to participate remotely during this meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f).

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

CLOSED SESSION
A. Conference with Legal Counsel Significant Exposure to Litigation – Government Code Section 54956.9(d)(2) Notice of Potential Liability and Request for Third Tolling Agreement from BKK Working Group BKK Landfill, West Covina, California.

ADJOURNMENT
Mayor Moore adjourned the Closed Session meeting at 6:48 p.m.

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

Thomas Moore, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
September 11, 2023
The City Council met in regular session at 7:01 p.m. in the City Council Chamber.

ROLL CALL

Present: Mayor Moore (via Zoom)
Council Members: Kalmick, Landau, Steele, Sustarsic

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Nicholas Nicholas, Police Captain
Michael Ezroj, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
Mayor Pro Tem Sustarsic lead the meeting and read the teleconference notice indicating that one or more Council Members are expected to participate remotely during this meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f).

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Three (3) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Council Member Landau pulled Item A and Mayor Pro Tem Sustarsic pulled Item H for separate consideration.

Council Member Kalmick moved, second by Council Member Steele, to approve the agenda.

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

PLEDGE OF ALLEGIANCE - SEAL BEACH HONOR GUARD - PRESENTATION OF COLORS
Council Member Landau led the Pledge of Allegiance.

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

PUBLIC COMMUNICATIONS
Mayor Pro Tem Sustarsic opened oral communications. Hope Horning, Terry Mayvis, Richard Glassman, Theresa Miller, and Kori DeLeon. Mayor Pro Tem Sustarsic closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session to discuss the one (1) item on the posted agenda. All five (5) Council Members were present. He reported that during the Closed Session meeting the Council authorized the approval of the tolling agreement listed on the agenda.

CITY MANAGER REPORT
City Manager Ingram thanked and commended Assistant City Manager Gallegos for his leadership during the significant weather events and the preparation involved with Hurricane Hilary. She also thanked Public Works Director Lee, her support staff, Marine Safety Lieutenant Bolin and his team, the Police Department, a special acknowledgement of Sgt. Brian Gray, for all his expertise as the Emergency Services Coordinator, and Orange County Fire Authority Division 1 Chief Covey.

She also announced the successful implementation of the city-wide phone system and thanked Assistant City Manager Patrick Gallegos and his team: Management Analysts Jennifer Robles and Kevin Edwards, for implementing the project on time and within budget.

City Manager Ingram provided a few Police Department updates: A training academy for new volunteers in police services was held on September 7, 2023, a City-wide test of the Alert Orange County Emergency System is scheduled for September 21, 2023, the Community Oriented Policing Team’s completion of their summertime beach and Old Town assignment and their transition as liaisons with McGaugh Elementary School, the process of the implementation of a new automated digital scheduling software system to bring greater efficiency to field operations, and noted that the Animal Control Program implementation has progressed well and more details will be forthcoming to City Council in the next update within a few months.

Lastly, City Manager Ingram reminded the Council and the community that the City will be facilitating the first Citizen-Council Parking Advisory Ad Hoc Committee on Wednesday, September 13, 2023, at 4:00 p.m., in the Council Chambers and encouraged the public to attend.

COUNCIL COMMENTS
Council Member Kalmick reported that he was honored to attend the 9/11 Ceremony at Orange County Fire Authority Headquarters, the Southern California Association of Governments and the Orange County Council of Governments meetings and noted discussion regarding the Regional Housing Needs Assessment (RHNA), and a Los Cerritos Wetlands Authority meeting. He reported that the bid for the dredging contract for the Sand Replenishment Project came in at $25 million dollars, which is unfortunately much higher than the $15-$18 million dollars that was expected, and noted the challenges associated with such a high bid. Additionally, he expressed his appreciation for staff during the preparation for the recent Hurricane Hilary storm.

Council Member Steele commended staff on their preparation for the recent Hurricane Hilary storm. He reported his attendance at several Golden Rain Foundation Committee meetings, an Orange County Vector Control Board meeting, a Senior Citizen Advisory Council meeting, the Chamber of Commerce Mixer at the Seal Beach Yacht Club, and a Sunshine Club meeting. He indicated that he and Mayor Moore will be hosting a Town Hall meeting on September 27, 2023, at 2:00 p.m. in Leisure World, to discuss the Housing Element, upcoming Zoning changes, and paid parking on Main Street. Lastly, he announced that a prayer group meets at City Hall by the turtle pond, every Thursday at 10:00 a.m., and anyone who believes in the power of prayer is welcome.

Council Member Landau echoed City Manager Ingram’s sentiments commending staff on a job well done during the Hurricane Hilary storm. She reported her attendance at the Lions Club 45th Annual Arts and Crafts Fair, Seal Beach Chamber Hatched Chili Roast at Pavilions, and the Seal Beach Yacht Club Mixer. Council Member Landau requested that staff provide a discussion item in follow-up to recent concerns regarding foil boarding that were brought to the Council’s attention at the last Council meeting. Additionally, she requested that the oral communication part of the agenda come prior to the approval of the agenda in order to be more responsive to residents during public comment.

Mayor Moore reported his attendance at the League of California Cities Conference and thanked Connor Medina for the update presented at the meeting tonight. He reported his attendance at a Senate meeting in Sacramento along with Senator Nguyen, Assembly Member Diane Dixon, Assembly Member Laurie Davies, to declare September 20, 2023, as “Surf Day,” noting what an honor it was to be a part of the process. Mayor Moore expressed his appreciation for the long-awaited implementation of the City-wide phone system and thanked Assistant City Manager Gallegos and staff. Lastly, he acknowledged and thanked the City Manager, the Assistant City Manager, and the Police Department for their leadership in preparing for Hurricane Hilary. City Attorney Ghirelli confirmed with Mayor Moore, who was participating via teleconference, that he was the only person in the room and nobody over the age of 18 was in the room, which is a Brown Act requirement to confirm.

Mayor Pro Tem Sustarsic reported her attendance at an Airport Land Use Committee meeting, a Regional Military Affairs Committee meeting, an Orange County Sanitation Operations Committee meeting, an Orange County Sanitation District Board meeting, the Lions Club Arts and Crafts Fair, Parking 101 meeting, a Heather Park meeting with Public Works Director Lee and Deputy Director of Public Works Cho, the Helen Sanders Pet Paw Fundraiser, and the California Joint Powers Insurance Authority Annual Risk Management Educational Forum.

COUNCIL ITEMS
There were no Council items.

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

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

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

C. Second Reading and Adoption of Ordinance 1706 - That the City Council adopt Ordinance 1706 titled "An Ordinance of the City of Seal Beach Amending Section

11.4.05.115 of Chapter 11.4.05 of Part IV of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Finding the Ordinance to be Exempt from the California Environmental Quality Act.”
D. Professional Services Agreement with Lisa Wise Consulting, Inc. for the Housing Element Update - That the City Council adopt Resolution 7439: 1. Approving a Professional Services Agreement with Lisa Wise Consulting, Inc., to assist with revisions to the City’s 2021-2029 Housing Element and related implementation efforts for $160,600; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment 24-03-02 in the amount of $160,600.

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

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

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

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

I. Approval of Emergency Animal Veterinary Services Contract with CompassionFirst Pet Hospitals - AVIM LP d/b/a Pacific Care Pet Emergency and Specialty (Pacific Care Pet Emergency) - That the City Council adopt Resolution 7444: 1.

Approving and awarding a Professional Services Agreement to Compassion-First Pet Hospitals - AVIM LP d/b/a Pacific Care Pet Emergency and Specialty (Pacific Care Pet Emergency) to provide emergency animal veterinary services for the City of Seal Beach for a one-year term in accordance with the fee schedule set forth in the Agreement and in a not-to-exceed amount of $40,000 for the Original Term; and, 2. Authorizing the City Manager to approve additional services up to the cumulative not-to-exceed amount of $10,000 in connection with the provision of emergency animal veterinary services under the Agreement for the Original Term; and, 3. Authorizing and directing the City Manager to execute the Agreement.

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

The vote below is for all the Consent Calendar Items:

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
A. Approval of the August 14, 2023, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on August 14, 2023.

Council Member Landau pulled this item to add the following clarification noted in red to Item A of the August 14, 2023, minutes:

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

Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce.

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

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

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

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

AYES: Landau, Moore, Sustarsic, Kalmick, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Mayor Moore asked Council Member Landau if she had an alternate appointment as Mr. Kyle’s was eliminated in the motion.

Council Member Steele moved, second by Council Member Kalmick to appoint Tim Rathmann, Council Member Landau’s appointee to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee.

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

AYES: Landau, Moore, Sustarsic, Kalmick, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Kalmick moved, second by Council Member Steele to approve the revised City Council minutes of the Closed Session and Regular City Council meetings held on August 14, 2023 as proposed.

City Clerk Harper took a roll call vote on Item A as amended.

AYES: Kalmick, Steele, Moore, Sustarsic, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
H. Approval of Animal Licensing Services Contract with PetData Inc. - That the City Council adopt Resolution 7443 approving and authorizing the City Manager to execute the Agreement with PetData Inc. to provide animal
licensing services for the City of Seal Beach for a three-year term.

Police Captain Nicholas provided a comprehensive background on the staff report. Mayor Pro Tem Sustarsic noted she pulled this item for public awareness of the upcoming changes. Captain Nicholas noted that a very robust messaging campaign is forthcoming pending Council adoption. Council Member questions were addressed.

Mayor Pro Tem Sustarsic moved, second by Council Member Steele to adopt Resolution 7443 approving and authorizing the City Manager to execute the Agreement with PetData Inc. to provide animal licensing services for the City of Seal Beach for a three-year term.

City Clerk Harper took a roll call vote on Item H.

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

PUBLIC HEARING
There were no public hearing items.

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

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Moore adjourned the City Council meeting at 8:19 p.m. to Monday, September 25, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: September 25, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Bailey, Marine Safety Chief
SUBJECT: A Resolution Authorizing Entering Into a Funding Agreement with the California Department of Fish and
Wildlife (CDFW) and Authorizing and Designating the City Manager to Accept Oil Spill Response Equipment Funding
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7446 authorizing the City Manager to execute an agreement on the City’s behalf to sign the funding agreement, amendments, and requests for disbursement on behalf of City of Seal Beach to accept funding for oil spill response equipment.

BACKGROUND AND ANALYSIS:

The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (AB 1658) generally requires the administrator for oil spill response, the head of the Office of Spill Prevention and Response in the Department of Fish and Wildlife, to implement activities relating to oil spill response, including drills and preparedness, oil spill containment, and oil spill cleanup. The Act requires the administrator, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant to specified existing law.

The Act authorizes the administrator to offer a grant to complete, update, or revise an oil spill element of the area plan unified program agencies with jurisdiction over or directly adjacent to waters of the state. The Act requires each oil spill element prepared under those provisions to be consistent with the local government’s local coastal program, the California Oil Spill Contingency Plan, and the National Contingency Plan.

During the most recent grant cycle, the City of Seal Beach applied for and was awarded funding to procure an oil spill response trailer, training, and other specified equipment to assist in the response of an oil spill along the coastal area.

Page 2 ends

ENVIRONMENTAL IMPACT:

This action is not subject to review under the California Environmental Quality Act (“CEQA”) because it is not considered a “project” as defined in Section 15378(b)(5) of the CEQA Guidelines because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The City of Seal Beach may receive California Department of Fish and Wildlife (CDFW) grant funds in the form of equipment, training, or support, including an Oil Spill Response Trailer.

BA 24-03-01
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Joe Bailey Jill R. Ingram
Joe Bailey, Marine Safety Chief Jill R. Ingram, City Manager Prepared by: Brian Gray, Police Sergeant - Emergency Services Coordinator

Page 3 ends

ATTACHMENTS:

A. Resolution 7446
RESOLUTION 7446

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING ENTERING INTO A FUNDING AGREEMENT WITH

THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
(CDFW) AND AUTHORIZING AND DESIGNATING THE CITY

MANAGER TO ACCEPT OIL SPILL RESPONSE EQUIPMENT

FUNDING
WHEREAS the City of Seal Beach (“City”) has submitted an application to the California Department of Fish & Wildlife (“CDFW”) for funding for the OIL SPILL RESPONSE EQUIPMENT TRAILER PROJECT (“Project”); and,
WHEREAS, prior to the CDFW executing a funding agreement, the City of Seal Beach is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of Seal Beach, and to carry out other necessary Project-related activities.

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

Section 1. The City of Seal Beach is hereby authorized to carry out this Project, enter into a funding agreement with the CDFW, and accept and expend funds for this Project.

Section 2. The Seal Beach City Manager or designee, is hereby authorized and designated to sign for, and on behalf of City of Seal Beach the funding agreement for this Project and any amendments thereto.

Section 3. Any and all actions, whether previously or subsequently taken by the City of Seal Beach, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved, and confirmed.

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 7446 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 E

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 PCS Mobile for Parking
Enforcement Equipment, Technologies, and Services to the City
________________________________________________________________ SUMMARY OF REQUEST:

That City Council adopt Resolution 7447:

1. Approving Amendment No. 2 to the Professional Service Agreement dated February 12, 2018 (“Agreement”), as previously amended by Amendment No. 1 dated December 10, 2018 (“Amendment No. 1”) between the City of Seal Beach and Portable Computer Systems, Inc. dba PCS Mobile (“Consultant”) for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the original term of the Agreement to and including February 12, 2024; and (ii) to increase the compensation to be paid to Consultant by $8,400.00, for the revised total not-to-exceed amount of $218,323.50 for the extended original term; and,

2. Authorizing and directing the City Manager or her designee to execute Amendment No. 2 to the Agreement; and,

3. Authorizing the City Manager, or her designee, the option to renew the Agreement for three (3) additional one-year terms, for the not-to-exceed compensation of $8,400.00 for each one-year extension, upon the City Manager providing written notice to Consultant at least thirty (30) days prior to the expiration of the extended original term or a prior extension.

BACKGROUND AND ANALYSIS:

PCS Mobile provides automated license plate reader systems including cameras and data processing for automated parking enforcement. We have been working with this technology since 2018 and it is a vital tool to assist in efficient and equitable enforcement of our parking regulations. This technology enables our

Page 2 ends

parking enforcement personnel to remain “hands-off” while citing violating vehicles by automatically photographing and “marking” via time stamp.

Based upon the performance and collaborative relationship that has developed, City staff desires to continue the partnership with PCS Mobile, Amendment No. 2 proposes to extend the term of the Agreement to and including February 12, 2024; and to authorize the City Manager the option to exercise up to three additional oneyear extensions on the same terms and conditions on 30 days’ prior written notice to the Consultant.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

This is a Police Department budgeted item. Section 3.0 of the Agreement, as amended by Amendment No. 1, provides that the City will pay no more than the total contract price of $209,923.50. For the extended original term to and including February 12, 2024, by this Amendment No. 2, Consultant’s total compensation would be increased by $8,400.00 for a revised total not-to-exceed amount of $218,323.50. Amendment No. 2 extends the term of the Agreement through February 29, 2024, authorizes the City to extend the Agreement for up to three additional one-year extensions, for $8,400.00 for each extension.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That City Council adopt Resolution 7447:

Page 3 ends

2. Authorizing and directing the City Manager or her designee to execute Amendment No. 2 to the Agreement; and,

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 7447
B. Professional Services Agreement with Portable Computer Systems, Inc., dba PCS Mobile, Amendment No. 2
C. Professional Services Agreement with PCS Mobile, February 12, 2018 D. Route1, Inc., dba PCS Mobile Quote (Terms of Sale)
E. Staff Report and Resolution 6884 PCS Mobile, Amendment No. 1, December 10, 2018
RESOLUTION 7447

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT DATED FEBRUARY 12, 2018, WITH
PORTABLE COMPUTER SYSTEMS, INC. DBA PCS MOBILE,
AS PREVIOUSLY AMENDED BY AMENDMENT NO. 1, FOR

CERTAIN PARKING ENFORCEMENT EQUIPMENT,

TECHNOLOGIES, AND SERVICES TO THE CITY OF SEAL

BEACH, IN ORDER TO EXTEND ITS TERM THROUGH
FEBRUARY 29, 2024 AND AUTHORIZING THREE ADDITIONAL

ONE-YEAR EXTENSIONS ON THE SAME TERMS AND
CONDITIONS.

WHEREAS, the City of Seal Beach (“City”) previously entered into a Professional Services Agreement with Portable Computer Systems, Inc. dba PCS Mobile (“Consultant”) for the provision of certain parking enforcement equipment, technologies, and services for the Seal Beach Police Department; and, WHEREAS, PCS Mobile has provided exceptional services related to parking technology; and,
WHEREAS, the City performed a detail review of other providers and PCS Mobile 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”), as amended by Amendment No. 1 dated
December 10, 2018, between the City of Seal Beach and
Portable Computer Systems, Inc. dba PCS Mobile for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the original term of the Agreement to and including February 12, 2024; (ii) to increase the compensation to be paid to Consultant by $8,400.00, for the extended original term, for the revised total not-to-exceed amount of $218,323.50.

Section 2. The City Council hereby authorizes and directs the City Manager or her designee to execute Amendment No. 2 to the Agreement.

Section 3. The City Council hereby authorizes the City Manager, or her designee, the option to renew the Agreement for three (3), oneyear terms, for the not-to-exceed compensation of $8,400.00 for each one-year extension, upon the City Manager providing written notice to Consultant at least thirty (30) days prior to the expiration of the extended original term or a prior extension.

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 7447 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

PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
0 Portable Computer Systems, Inc. dba PCS Mobile
1200 W Mississippi Ave.

Denver. CO 80223
303 -552 -3977
This Professional Service Agreement ( " the Agreement") is made as of February 12, 2018 ( the " Effective Date "), by and between PCS Mobile ( " Consultant "), a Colorado corporation, and the City of Seal Beach ( " City "), a California charter city, ( collectively, the Parties ").

S7296- 0001 \ 1236808v1. 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. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

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

1. 4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manger 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.

3. 0 Consultant' s Compensation
City will pay Consultant in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than 198, 523. 50. Any add_ itional work authorized by the City pursuant to Section 1. 4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2of11
57296- 0001 \ 1236808v1. doc

4. 0 Method of Payment

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

4. 2. Upon 24 -hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for two years following the termination of this Agreement.

5. 0 Termination

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

5. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide 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. Steven McKay, Finance Manager is the Consultant' s 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:
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S7296- 0001 \1236808v1. doc
To City: City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Attm City Manager
To Consultant: PCS Mobile
1200 W Mississippi Ave
Denver, CO 80223
Attn: Steven McKay

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. 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 liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

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.
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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. Any purported assignment without such consent shall be void and without effect.

11. 0 Insurance

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

11. 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:VIII, 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); ( 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. 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 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.

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: ( 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, 5of11
57296- 0001 \ 12368080. doc
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, 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 with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; 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 Consultant or for which the Consultant is responsible.

11. 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 investigation costs, claims and administrative and defense expenses.

12. 0 Indemnification, Hold Harmless, and Duty to Defend Consultant 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 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 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, Consultant shall defend Indemnitees, at Consultant' s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant 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 6of11
S7296- 0001 \ 1236808v1. doc
herein provided. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.

Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, 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.

14. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

15. 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.

16. 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.

17. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

18. 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.
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S7296- 0001 \ 1236808vl. doc

19. 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.

20. 0 Prohibited Interests; Conflict of Interest

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 conflict in any manner with the performance of the Services.

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

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 employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

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

21. 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 8of11
S7296- 0001 \ 1236808v t. doc
the losing party all of its attorneys' fees and other costs incurred in connection therewith.

22. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

23. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

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

CITY OF SEAL BEACH
M
Attest:

Approved as to Form
By:

Craig A. Steele, City Attorney

PCS MOBILE,-
By
Name aartin Murphy
Its: Vice President
Name: 3& ty_ W N" K
Its: t r<aduce'
9of10
57296- 0001 \ 1236808v1. doc
EXHIBIT A: SEE EXHIBIT A: PCS MOBILE PROPOSAL
10 of 11
57296- 0001 \ 1236808v 1. doc
City of Seal Beach, CA
Invitation to Bid
Mobile License Plate Recognition Technology
Presented by
mobile
1200 W. Mississippi Ave.

Denver, CO 80223
October 20, 2017
Table of Contents
Cover Letter
Qualifications
Hardware and Software Solution
Technical Compliance Matrix
Technical Support
Proposed Training Plan
LPR Warranty Program
Optional Fixed LPR Solution
Pricing
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pcs mobile
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pcs mobile
October 20, 2017
Dixon Resources Unlimited
Jennifer Rentz
Jennifer @dixonresourcesunlimited. com
RE: Invitation to Bid — Mobile License Plate Recognition Technology Dear Ms. Rentz,
PCS Mobile is pleased to submit our proposal for the ITB referenced above. mobility solved
PCS Mobile is a corporation that has focused on providing mobile technology solutions for State and Local agencies throughout the United States for over twenty four (24) years. We are a key integrator of the Genetec AutoVu LPR systems, both mobile and fixed. With the most experience in parking LPR deployments, PCS Mobile is best suited for your needs. We have AutoVu Certified technicians across the country to include the Los Angeles area.

We are providing a proposal for License Plate Recognition systems and services only. PCS Mobile partners with the best in the industry for a complete Pay by Plate Environment.

Additional information and joint project list experience is provided within our proposal.

Reasons why others have selected PCS Mobile for their projects:

Credible - We are focused and financially sound.

Reliable - We are process oriented and responsive.

Partners - We listen and are accountable.

As Business Development Manager, I can testify that:
1 am authorized to represent PCS Mobile.

We have reviewed and understand the elements of this ITB.

Our proposal indicates our interest in the project and intent to deliver and support a solution that meets the ITB requirements.
1 certify that the information and data submitted is true and complete to the best of my knowledge.
1200 W Mississippi Ave. • Denver, CO 80223 • P 303 - 3462487 • f 303346 -4274 • 888. 836. 7841 N114 J-1
pcs mobileOur company information requested is as follows:

Company Name:

Principal Place of Business:

Tax Identification No:

Contact for the RFQ:

Sean' s email:

Sean' s phone numbers:
mobility solved
Portable Computer Systems, Inc. DBA PCS Mobile
1200 W. Mississippi Ave, Denver, Colorado ( HQ)
84- 1396969
Sean Bruecken
seanb@acsmobile. com
303. 552. 3977( 0)
720. 708. 9277 ( m)
Reference following document and attachments to this letter. We look forward to the opportunity to serve the City of Seal Beach and ultimately its citizens. Please do not hesitate to contact me if you have any questions or require further information.

Sincerely,
PCS Mobile
Sean Bruecken
Business Development Manager
1200 W Mississippi Ave. • Denver, CO 80223 • P 303 346 2487 • F 303346. 4274 • 888 - 836. 7841 apgow sad
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2. Qualifications
Key Personnel
PCS Mobile has formed the following project team for Seal Beach' s LPR project.

City of Seal Beach
Customer
Sean Bruecken PCS Mobile
Customer Lead LPR Integrator
Genetec
LPR Mfr
Erik Granum
Sales Engineer
Lexi Anderson Ryan Arthur Chris Mercer
Project Manager Lead Technician Director ofServices
The following staff of PCS Mobile, and Genetec will fulfill key project duties:

PCS Mobile Personnel Primary Work Reporting Entity /Position Sean Bruecken Customer Lead PCS Mobile President
Lexi Anderson Project Manager Customer Lead
Ryan Arthur Lead Technician PCS Project Manager
Chris Mercer Director of Services PCS Project Manger
Assigned Staff Field Service Reps Lead Technician
Genetec Personnel Role
Erik Granum Sales Engineer
Michael Dixon Reeional Sales Manager
Assianed Staff Proiect Implementation and Inteerations Assistance PCS Mobile Staff
Sean Bruecken / Business Development Manager, Customer Lead Sean leads the License Plate Recognition business at PCS Mobile. He has a background in Construction Management and as a Journeyman Electrician. He both served in the USAF as an Electrical and Environmental Systems Specialist working on F -16 Fighter Aircraft and attended Bowling Green State University where he received a bachelor' s degree in Construction Management. With a range of project management and technical experience, he brings great value to the PCS Mobile team.

Lexi Anderson / Project Manager
Lexie joined the PCS team bringing with her a background in many fields including Quality Assurance, Criminal Justice, Customer Service and Incident Management. Lexie has worked most previously as a Quality Supervisor for a management company where she dealt and addressed all customer complaints. Lexie has a Bachelor of Science in Criminal Justice from the University of Northern Colorado
Ryan Arthur / Field Service Rep III
Ryan Arthur has been working for PCS Mobile since 2012. He specializes in Genetec LPR systems, mobile data terminals, modems, mounting and docking solutions from Gamber Johnson and Havis. Prior to joining PCS Mobile, Ryan was with Trans -Cor Information Technologies for seven years. Ryan is AutoVu Certified in fixed and mobile LPR installations.

Chris Mercer /Director of Services
Chris has a Bachelor of Science in Management Information Systems from the Southern Illinois University, Edwardsville School of Business. His career has spanned work in GIS, RF Comm, plastic injection molded manufacturing, real estate, and, forthe past 8+ years, aerospace manufacturing Project availability schedules for all key personnel
PCS Mobile fully intends to assign the listed personnel to your project. At this time the proposed project team is available so long as the City' s proposed schedule of contractor selection and implementation is maintained. If these schedules extend there may be need to adjust certain personnel due to other project commitments. Should this occur, PCS Mobile assures the City that any replacement personnel will meet or exceed the qualifications of the initially listed project team.

Recent Project Manager performance
Lexi Anderson is best suited for the Project Manager position of your project. She understands how to plan and execute a project successfully from start to completion. She has years of project management experience and continues currently to manage LPR deployment projects for PCS Mobile across the country. Lexi focuses on process and consistent documentation of all tasks, keeping the project team of PCS Mobile, our Partners, and our customers on task and schedule. Reference following project list that includes Lexi s experience.

Project Plan
PCS Mobile will work with Seal Beach and your chosen partner( s) to focus on and deliver the License Plate Recognition systems on the desired timeline.

TIMEFRAME
Below schedule reflects what PCS Mobile can perform.

Executed Contract ( Receipt of Order)
Project Kick -Off Meeting
Begin Delivery of Product to site.

Begin on - site implementation and
installation
Complete mobile installation and
testing of four (4) vehicles — assuming access to all vehicles on arrival.

TBD
Scheduled within one week After
Receipt of Order ( ARO)
4 - 6 weeks ARO
6 weeks ARO
8 weeks ARO
Complete installation and testing
of Security Center server
Complete training on LPR System
Delivery of Close - Out Material
Similar Reference Projects
10 weeks ARO
10 weeks ARO
After installations are complete
and as agreed upon with the City
PCS Mobile has the most experience in deploying mobile and fixed LPR for parking enforcement in the county. We have completed more successful integrations with our partners than any other. This allows us to best perform for the City and support after installation.

Below is an abbreviated list of PCS Mobile's experience in installing and supporting LPR for our current customers.

Partial list of PCS Mobile LPR Customers.

City of Milwaukee, Wl City of Detroit, MI
City ofAspen, CO City of Concord, CA
City of Boulder, CO UT Southwestern, TX
City of Ft. Coffins, CO Standard Parking ( SP +) Multiple Projects University of Denver( DU), CO Louisville, KY
Washington State Patrol, WA UT El Paso, TX
USAA Federal Savings Bank Petaluma, CA
Winter Park Resort, CO Bethlehem Parking Authority, PA
City of Arvada, CO Premier Adjusters, Scofflaw
CU Anschutz Campus, CO New Orleans, Scofflaw
Colorado State University, CO Bexar County Sheriff
Auraria Higher Education Campus, CO City of Houston, TX City of Santa Monica, CA
Spokane Airport WA Loyola Marymount University, CA
LAZ Parking Multiple Projects California State University Long Beach, CA City of Davis, CA UC Colorado Springs, CO
Salt Lake City, UT * UW Milwaukee, WI
City of Seattle, WA UW LaCrosse, WI
Town of Breckenridge, CO UC Boulder, CO
City of Golden, CO University of California Los Angeles, CA City of LaCrosse, Wl University of Utah, UT
New York City Housing Authority, NY City of Niagara Falls, NY Pepperdine University, CA Murrieta Police Department, CA City ofPasadena, CA Park City, UT
City of Napa, CA Kimley Horn and Assoc.

City of Harrisburg, PA Park Smart, Walnut Creek, CA
CSU Northridge, CA UC San Diego, CA
Stanford University, CA Easy Park, LAX, CA
City of Vallejo, CA Provo, UT
Jefferson County Sheriff, CO American Parking, Tulsa, OK City ofRenton, WA Oregon Health and Science University, OR* Ber Notional Automation — Multiple Projects City of Bedford, PA Los Gatos PD, CA Utah Valley University, UT
Los Angeles Metro Transportation Authority, CA Fresno Airport, CA City ofOmaha, NE City of Kerrville, TX
Denver Health, CO Mission PD, TX
Carmel by the Sea, CA
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3. Hardware and Software Solution
PCS Mobile will work with Genetec to provide a comprehensive mobile License Plate Recognition solution for Sea{ Beach' s project. a. Overview of LPR system & offerings
AutaVu is the IP license plate recognition ( LPR) system of Security Center, Genetec' s unified security platform. AutoVu automates the identification of vehicle licenses plates for agencies looking to enhance applications for parking enforcement.

Key Features of AutoVu
The municipal solution enables permit, overtime and scofflaw enforcement applications.

In- Vehicle Data
It is possible for parking enforcement officers to search for a full or partial license plate number in the in- vehicle database. If the read license plate data is in the system, the user will be able to review each read or hit corresponding to the search including the street address.

In- Vehicle Mapping
In- vehicle mapping allows Parking Enforcement to precisely display on a map where a LP read or hit took place without having to decipher complex GPS coordinates.

Users can pan as well as zoom in and out of the map to define a custom view point.

The system is designed to work with mapping data; many clients have ESRI maps which can be converted to this format.
b. System component descriptions

1. Camera
Monochrome progressive scan ALPR camera with a resolution of 1024X946( XGA) @ 30fps.

Color context camera with a resolution of 640x480 @ 30fps.

Capable of being equipped with a 12mm, 16mm, 25mm, 35mm or 50mm lens.

Operating temperature range from -4 °F to 131 °, with an extended temperature option ranging from -40 °F to 131 °F.

Storage temperature range of -40 °F to 185 °F.

Supports vibration according to standard MIL -STD 81OG 514.6 ( Figure 514.6 C -1).

Resists bumps according to standard IEC 60068 -2 -29 ( Directions: ± X, t Y, ± Z).

Resists shock according to standard MIL -STD 810G 516.6.

Unit is sealed according to standard IP67 IEC 60529.

Unit has extruded aluminum housing.

Unit has an integrated pulsed LED illuminator available in 850nm, 740nm and 590nm wavelengths.

Dimensions: 1. 65 ( H) x 4.75 ( W) x 4. 75 ( D) inches excluding cabling and mounting brackets.

Weight: 1. 5 lbs.

Dynamic exposure allowing all- weather reading of dirty or obstructed plates. The camera can read at skew angles up to 45 degrees.

Color context camera uses CMOS technology to capture color images in low light conditions.

The camera status LED can be disabled for covert operations.

2. Mobile LPR processor
Supports international license plate reading.

Dedicated AtomTM N2600 per camera ( XGA).

Has up to 2 ALPR camera unit inputs.

Two ( 2) 10/ 100/ 1000 Base -T Ethernet ports.

Two (2) dry- contact inputs.
12V/ 500mA auxiliary power output.

Two (2) output relays.

Operating temperature range from -40 °F to 150 °F.

Storage temperature range of -401 to 185 °F.

Has a high- temperature auto shutoff protection mechanism.

Operates on a 12 -24VDC power supply @ 60W.

Dimensions: 12. 6 x 8, 6 x 4.72 inches.

Comes with brackets allowing for horizontal or vertical mounting.

Provided with stabilizer bar with integrated wire strain relief.

The central processing unit is able to output plate reads in a user - configurable XML format

3. Back office hardware /software (e.g., CPU, memory, OS, browser) Security Center and the AutoVu module are capable of operation on a virtual server provided by the MTA.

Several key aspects of running the software on a virtual server include:

Maximum capacity of a virtual machine with the exact same specifications as the proposed " metal box' is reduced by 20 %.

A dedicated Network Interface Card ( NIC) should be assigned per instance of the Archiver Role when using virtualization.

Virtual machine must run on Windows Server 2008 R2 and VMware Ready hardware.

Windows 2003/ 2008 Server running a Domain Controller is not supported.

4. Other (e.g., licensing restrictions ifany)
The proposed solution includes licensing for five ( 5) concurrent users for the Security/ AutoVu Software. Additional licenses are available at additional cost. c. Explanation of how LPR system will fulfill or exceed Seal Beach' s key operational needs
Function at Locations with Fixed LPR:

Important to Seal Beach is the integration between your chosen LPR solution and mobile enforcement strategy. Below is an explanation of how the mobile LPR system will integrate with the fixed Genetec AutoVu LPR and Free Flow software at your beach lots:

When the fixed LPR camera at entrance captures a plate read, a chosen convenience time will be allowed to the parker per Seal Beach' s direction. After the convenience time has passed, if the parker has not paid for their parking via methods outlined in the fixed solution strategy this plate will be added to the " In -Lot Violations" list. This list will also auto populate into a Scofflaw list that will be referenced by the mobile parking enforcement units.

When a mobile LPR unit enters a facility with fixed LPR installed; the mobile unit will be able to efficiently drive the lot and will be notified when an In -Lot Violation is read.

Now the enforcement staff may address and issue a citation as needed.

Function at Locations without Fixed LPR:

For the locations that do not have fixed LPR will be enforced by mobile; the enforcement will follow a more traditional LPR strategy. When the mobile unit enters a facility, the operator will either manually select the location that they are in or use the Auto Select feature that will use GPS and the configured mapping to select their parking zone. This will now associate all reads to appropriate permit lists and time limit rules assigned to that location. As the operator drives the lot, vehicles will be " digitally chalked" for time limit enforcement and reference permit list( s) and scofflaw list( s).

Further detail of each functionality provided below.

1. Parking Enforcement ( e.g., time restriction violations, meter violations) Time Limit Hits
If a vehicle read is identified as having been parked longer than the allowable time limit, the AutoVu Patroller will sound an audible alert. A window pops up that displays the LP read and hit information at time 1 and time 2.

The review process includes:

Review of the vehicle image and license plate at time 1 and time 2 Review of the position of the vehicle on a map at timel and time 2

2. Parking scofflaw & suspect vehicle identification
Hot List Hits
Upon a match, the AutoVu Patroller will sound an audible alert. A window pops up that displays the LP read as well as the hit category, hotlist color and any additional information on the vehicle of interest from the hotlist. AutoVu systems can be configured to support a virtually unlimited number of different hot lists such as scofflaws, stolen vehicles, other wanted vehicles etc.

During the review process the AutoVu Patroller continues to process license plate reads and alert of potential hits against the hot -
lists. Alerts are stacked in order of
priority and time. When rejecting
a hit, the system can be configured such that the user has to select a reason for the rejection. Rejected hits can be reviewed in Security Center.

Users may want to add license
plate numbers of new vehicles of interests to a hotlist directly in Patroller. These new entries remain in the manual hotlist until the expiry period, as defined by the system administrator.

3. Optional Off- street parking enforcement
The Genetec AutoVu LPR system can enforce time limit and permit enforcement in your off - street lots. You can set up time limits and permit zones for individual structures or down to the individual rows.

Permit Hits
i vehicle is read that is not in the selected permit list, the AutoVu Patroller will sound an audible alert. A window pops up that displays the LP read and hit inforit a hot list hit. apgow sad
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5. Technical Support
PCS Mobile has built a strong technical support team that includes multiple technicians that focus solely on the Genetec AutoVu LPR solution and appurtenant hardware and software.

Our expertise in the mobile technology industry affords our customers resources to support existing systems such as Netmotion and others.

Following is information on the standard offering from PCS Mobile that is included in our proposal (reference Mobile Assurance Summit Column). Many customers chose additional support to include recurring site visits, training, preventative maintenance, and more. These options can be discussed and customized to Seal Beach' s specific needs.

Mobile Assuranceefor Genetec AutoVu LPR...

A national leader in voice, video and data mobility, PCS Mobile has traditionally offered services and service contracts. We offer two levels of Genetec AutoVu LPR support— " Mobile Assurance Basecamp" and " Mobile Assurance Summit." Below is a breakdown of each level of support available to our customers. mobile assurance mobile assurance
Basecamp Summit
Cost included w/ purchase Based on Deployment Size
of AutoVu Systems
Duration Life of Deployment Renewable Annual Contracts
Help Desk: We answer all calls when available. Customers can leave message that multiple support people can pick up.

We accept emails to support@pcsmobile. com. 0 0
Response ( assuming business days). Contact beforeoon day commitment Within 24 hrs
that
Call after noon — by noon next day
We always provide diagnostics to determine source of problem. 0 In addition to diagnostics, we address unlimited concerns 411111 and questions for 30 days after install.

After 30 days: Service hours available at hourly rate, block of 0 hours or fixed -fee proposal. If installed by PCS Mobile After 30 days: A continuation of unlimited hours of service.

This provides a predictable annual expense for the Customer.

Workmanship warranty in 1st year.

If manufacture repair is required, we work with manufacturer' s Support Desk to acquire RMA.

We track RMA' s for the Customer. Shipping costs, if any, are still covered by Customer.

We provide up to four ( 4) hours of configuration changes regardless of complexity.

We install software and firmware updates from the Manufacturers including Genetec and computing and wireless suppliers. We make sure the system works after update, including integrations, plug -ins 0 on the server, updates on the cameras and the patroller vehicle.

If the updates require it, we provide training on changes.

Customer is granted access to the PCs Mobile Service Portal.

Trouble tickets can be initiated and tracked in the portal.

We provide monthly reports of your service tickets and
quarterly review upon request.

Line items services available on project or hourly basis.

On -site services including removal and /or replacement of RMA equipment.

Preventative Maintenance. 0
Mobile Academy training services. 41 0
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pcs mobile 1200W. Mississippi Ave. - Denver, CO 80223. 888- 836 -7841 za ,
Mobile Assurance'
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6. Proposed Training Plan
Our Project Manager will work with Seal Beach to design a custom Training Plan per your specific needs.

As a standard; our LPR Training will consist of two sessions. One for backend software to include running reports, management functions, and system configuration. Second for operations and Enforcement Staff.

Classroom style training that covers:
o Introduction to LPR and it' s uses
o How to operate your LPR system specific to Seal Beach' s needs o Any specific operational considerations such as Netmotion VPN, integrations, etc.
o Review sample enforcement route
In Field training:
o Following predesigned and approved enforcement route; PCS Mobile Trainer will work with Enforcement Staff for hands on experience and Q &A After initial site work:
o Per our support offering; Seal Beach can call at any time to ask questions and for basic training needs and our technical resources will be happy to help o If follow up training on site or remote is desired; PCS Mobile can provide a proposal for such services
Following are some samples from the Training Plan. Not included are training manuals, rosters, Powerpoint, and leave behinds for reference.

Sample Workflow
PRE - PATROL CHECKLIST ( EXAMPLE):

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pcs mobile
Patroller Training Exercise:

Please fill out this checklist and return to the trainer. Wait to be assigned a vehicle by the trainer. Once assigned, please begin Pre -Patrol Checklist
Review each item below before starting. If you are unsure about a step, please refer to the training handouts prior to continuing.

Turn on the Vehicles ignition ( fully start up the vehicle).

Identify the Sharp Cameras, and note green lights
Identify the Tire / Wheel imaging Cameras
Open the back compartment and identify the processor and cabling Identify the Laptop
Log on to Patroller
Check Patroller connection status ( no red icons within Patroller) Check cameras within patroller. Ensure video feed is green Check Patroller connection to GRS
Check Patroller connection to GRS Security Center
Select the Permit List for the N route
Select the Overtime list for the N route
Begin Patrol Checklist Route:

Carefully, begin driving the route - Lot 3
Accept One ( or more) Permit Hit - Lot 16
Note your movement on the map
in patroller
After your first pass, try using the
auto - select zone features.

Finish Patrol Checklist
Make sure the vehicle is parked where it is supposed to be parked.

To log off Patroller
Turnoff the Vehicle' s ignition ( fully startup the vehicle). The LPR system will remain on for 1 hour.

Be sure the vehicle is clean and remove any personal items.

Notes Questions for the trainer:

Trainee Name ( print):

Trainee Signature: DATE:
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7. LPR Warranty Program
PCS Mobile provides a one year warranty against any defects in workmanship from installation or other services. The Genetec AutoVu LPR system includes a one year Return and Repair warranty as outlined in the following warranty document. Extended Advance Swap warranty is provided as OPTIONAL. We would be happy to review all of the various warranty programs and schedules with the City if desired.

GenetecTM Standard Software and Hardware
Warranty Overview
Version 9. 2
2017/ 04/ 18
Table of Contents
1 Overview
2 Standard Software Warranty Overview

2. 1 Standard Software Warranty Coverage

2. 2 Products covered by Standard Software Warranty
3 Standard Hardware Warranty Overview

3. 1 Standard Hardware Warranty

31. 1 Coverage

3. 1. 2 Products Covered

3. 1. 3 Summary
4 GenetecT° Extended Hardware Warranty Overview

4. 1 GenetecT" Extended Hardware Warranty

41. 1 Summary
5 GenetecT Hardware Warranty Terms and Conditions

5. 1 Terms and Conditions

5. 1. 1 Warranty on repairs and replacement parts

5. 1. 2 Exclusive Warranty Remedy

51. 3 Warranty Exclusions

5. 1. 4 Relocation of AutoVuTM Mobile Systems
Appendix A: Hardware Warranty Lengths
3 3
3 3
3 3
3 4
4 5
5 5
6 6
6 6
6 7
8 1 Overview
The following document describes the hardware warranty levels and Hardware Extended Warranties offered by Genetec Inc for products developed, manufactured, and sold by Genetec Inc. 2 Standard Software Warranty Overview

2. 1 Standard Software Warranty Coverage
Genetec Inc. warrants that its software products will perform in all material respects in accordance with the accompanying user manual.. and the media on which the software product resides will be free from defects in materials and workmanship under normal use. Software defects are covered through Service Releases and Cumulative Updates which are available for a period of 1 year from the date of the software purchase. A copy of the Software License Agreement and GenetecT" Advantage Agreement is also available for review on the GenetecT website: http: / /www.genetec. com /Documents /EN /SLA /ENGenetec- Software- License - Agreement - E U IA. pdf.

2. 2 Products covered by Standard Software Warranty
All packaged software products developed by Genetec Inc., including but not limited to Security Center, Security Center Mobile, OmnicastTM, SynergisT"', Plan Manager. Sipelia TM, and AutoVUTM Patroller.

Purchased upgrades.
90 -day coverage for all custom software applications developed by Genetec Inc. using one of the GenetecTM Software Development Kits ( SDK).
3 Standard Hardware Warranty Overview

3. 1 Standard Hardware Warranty

3. 1. 1 Coverage
Genetec Inc. warrants each product it manufactures to be free from defects in materials and assembly in the course of normal use and service, and provides technical assistance related to these defects.

The GenetecT`0 hardware warranties cover both the product hardware and software running on the product, with the exception of appliances running one of the GenetecT" software products (for example SV -16, SV -32, and SV- PRO).. in which case the software warranty takes precedence over the hardware warranty for software related issues.
10 The GenetecT Standard Hardware Warranty does not cover the labor costs for sending a GenetecTM engineer on -site to evaluate a system problem and /or determine if there is a warranty issue and /or replace a defective product.

3. 1. 2 Products Covered
All hardware products manufactured or resold by Genetec Inc., including but not limited to, AutoVuT Sharp, AUtOVUTM SharpX, Access Control Hardware, SMC, SynergisT"' Cloud Link, SV -16, SV -32, SVPRO, and respective accessories are either covered by the Standard Warranty or fall under the manufacturer warranty.

3. 1. 3 Summary
Product return and repair
In Warranty Repairs
Included.'
Advanced replacement of Included within 90 days of purchase ( 12 months on some Access Control defective product hardware) .2 3
Unit repair turnaround time 10 business days between receipt by Genetec Inc. and ship date to customer .4 Functional product realm Service charge for returned product with no defect found . 5 Product DOA (within 90 days Free advanced replacement of a new product.fi of shipment)
Product software and
Product Software Updates/ Upgrades
Included.
firmware updateslupgrades
Length of warranty
Warranty Period
According to product. 8
Warranty start date ' On the day the product is delivered. t Additional charges may be applied it damage is a result of using the product in a way that it is not typically intended to be used Product may be replaced by a fully functional refurbished product .

Customer is responsible for all shipping charges to return the product back to Genetec. and Genetec will cover the shipping charges to send the product back to the customer
8 Product standard wavamy lengths and maximum extended warramy lengths can be found in Appendix A. 3 Genetec n' SV -PRO, SVl6v3, SV32v2, and BCDVideo are covered are covered by onsite support parts and labor from their respective original manufacturer. Apart from SVi6v3 and SV32v2 hard dnvelencoder cards, no advanced replacement or returns are offered for these products Product DOA follows the same procedure as onsite repair Please refer to Appendix A for warranty duration and terms for the concerned products. 4 See rote 3.
5 See rote 3.
6 See note 3.

T Services to perform the upgrade are not included. Support will only upgrade free of charge, if an upgrade is deemed necessary to resolve an issue or bug. Please refer to Appendix A
6 Product standard wenan/ y lengths and maximum extended warranty lengths can be found in Appendix A d_ GJO, q, f:' CdrB 2114 H2iC N21' C '- Nairani'/ LCbe!- 4 4 Genetec Tm Extended Hardware Warranty
Overview

4. 1 Genetec" O Extended Hardware Warranty
An Extended Warranty allows you to extend the Standard Warranty length for hardware products sold by Genetec Inc. that are eligible for a warranty extension ( see Appendix A— Hardware Warranty Lengths).

4. 1. 1 Summary
g Additional charges may be applied it damage is a result of using the product in a way that it is not typically intended to be used.

Product may be replaced by a fully functional refurlished product.

Customer is responsible for all shipping charges to return the product back to Genetec, and Geneiec will cover the shipping charges to send the product back to the customer
1e See note 1.

Customer is responsible for all shipping charges to return the product back to Genetec, and Genetec will cover the shipping charges to send the product back to the customer.
4 Services to perform the upgrade are not included.
13 See note 4.
14 Product standard warranty lengths and maximum extended warranty lengths can be found in Appendix A. 15 See note 6.

Return and Repair Advanced Replacement
Product Return and Repair
In Warranty Repairs
Included. s Not applicable.

Advanced Replacement of Included within 90 days of product Included. 10 Defective Product purchase.

Unit Repair Turnaround time 10 business days between receipt Customer responsible for replacing and by Genetec Inc. and ship date to returning the defective product to customer. Genetec Inc. 11 within 30 days,
otherwise MSRP of product will be
invoiced to customer.

Functional Product Return Service charge for returned product Service charge for returned product with no defect found with no defect found.

Product Software and
Product Software Updates/ Upgrades
Included, 1z Included. to
Firmware Updates /Upgrades
Length of Extended Warranty
Warranty Period
According to product. 14 According to product. 15
Warranty Start Date On the day the product is delivered On the day the product is delivered. g Additional charges may be applied it damage is a result of using the product in a way that it is not typically intended to be used.

Product may be replaced by a fully functional refurlished product.

Customer is responsible for all shipping charges to return the product back to Genetec, and Geneiec will cover the shipping charges to send the product back to the customer
1e See note 1.

5. 1 Terms and Conditions
The GenetecT' Standard and Extended Hardware Warranty are governed by the below terms and conditions relating to repairs, replacements, remedies, or exclusions to the warranty.

5. 1. 1 Warranty on repairs and replacement parts
All GenetecT' products serviced by Genetec Inc. for repair and replacement parts are warranted against defects in workmanship and materials for either a period of 90 days, or the remainder of the original warranty; whichever is the longest.

5. 1. 2 Exclusive Warranty Remedy
During the applicable warranty period and in the event that a product is determined by Genetec Inc. to be defective in materials or assembly, Genetec Inc. will at its sole discretion either credit the customer the price paid for the defective product, or repair the defective product without charge, or replace the defective product with a new or refurbished product, or replace the defective product with a different product with identical or better specifications.

5. 1. 3 Warranty Exclusions
The following items are not covered by the GenetecT Standard Hardware Warranty:

Equipment received by Genetec Inc. which does not match the serial number captured during RMA process with GTAC.

Equipment not furnished by Genetec Inc,
A product which is used with non - supported ancillary equipment or software.

Freight cost to return a product to Genetec Inc.

Defects or damages resulting from customer' s improper testing, operation, installation, maintenance, modification, alteration, or adjustment.

Defects or damages from misuse, accident, or neglect.

Defects or damages resulting from use of the product in ways other than its normal and customary manner.

Defects or damages resulting from drilling holes, adding decals or other adhesives, or by painting the product.

Defects or damages due to lightning or other electrical discharges.

Product that is disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim.

Modification, abuse of, or tampering with, the product.

Normal wear and tear.

5. 1. 4 Relocation of AutoVuT1A Mobile Systems
Relocating a hard mounted AutoVu TM Mobile System from one vehicle to another will Void the warranty on the cables. This does not apply to portable systems with magnetic mounts. 7 Appendix A: Hardware Warranty Lengths
SharpOS
1 year
follows
hardware
warranty
SharpOS
1 year
follows
hardware
warranty
1 year Not applicable
1 year Not applicable
3 years 3 years
3 years
3 years
3 years
3 years
3 years
3 years
Included within 90 days of product
purchase.
4 years
Included within 90 days of product
purchase.
4 years
Included within 90 days of product
purchase.
4 years
Included within 90 days of product
purchase.
4 years
Included for the duration of the
warranty.

Not applicable
SV -16v3 is under HP warranty
Next Business Day, On -Site for
parts and labor). The hardware
warranty covers the unit itself
2 Years
excluding the hard disk which is
covered by advanced replacement
from BCDVideo for the duration of
the warranty.

SV -16v4 is under HP warranty
Next Business Day. On -Site for
parts and labor). The hardware
warranty covers the unit itself
2 Years
excluding the hard disk which is
covered by advanced replacement
from BCDVideo for the duration of
the warranty.

SV -16v5 is under HP warranty
Next Business Day, On -Site for
parts and labor). The hardware
warranty covers the unit itself
2 years
excluding the hard disk which is
covered by advanced replacement
from BCDVideo for the duration of
the warranty.
genetec corn I Software and Hardware Warranty Levels 8
3 years 3 years
Included for the duration of the
Not applicable
warranty.

SV -32v2 is under HP warranty
Next Business Day, On -Site for
parts and labor). The hardware
warranty covers the unit itself
3 years 3 years excluding the hard disk and the 2 years encoder cards which is covered by
advanced replacement from
BCDVideo for the duration of the
warranty.

SV -PRO is under Dell' s Pro -
3 years 3 years Support warranty ( Next Business Not applicable Day parts and labor).

SV -PRO is under HP WordlWide
warranty ( Next Business Day, OnSite for parts and labor). The hardware warranty covers the unit
3 years 3 years itself excluding the hard disk and 2 years the encoder cards which is covered
by advanced replacement from
BCDVideo for the duration of the
warranty.

BCDVideo products are under HP Extension possible
5 years Not applicable warranty ( Next Business Day parts upon request on a and labor). case by case basis
2 years Not applicable 12 months Not applicable
2 years Not applicable 12 months Not applicable
2 years Not applicable 12 months Not applicable
2 years Not applicable 12 months Not applicable
2 years Not applicable 12 months Not applicable
5 years'
Refer
Not applicable Not applicable
Patroller ADV
1 year Not applicable Not applicable Not applicable
I hllpal wwwpanasonic mm /businesrAoughbook/ mmputer- support- warranty- informatton. asp 1 _. c I -,, Jm ; COri V. c a, 1 p, - 14 _
Manufacturer
policy Not applicable Manufacturer policy applies.' Not applicable applies2
Manufacturer
policy Not applicable Manufacturer policy applies. 5 Not applicable applies°
1 years Not applicable Not applicable Not applicable
Warranty on
individual
components, Not applicable Warranty on individual Not applicable NOT the
components.
topline kit
Manufacturer 1-
policy Not applicable Manufacturer policy applies .0 Not applicable applies
Manufacturer
policy Not applicable I Manufacturer policy applies. 10 Not applicable applies'
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8. Optional Fixed LPR Solution
PCS Mobile has great experience in deploying and supporting Genetec' s fixed LPR solutions.

The nearest to Seal Beach is at CSU Long Beach. A combined mobile and fixed LPR solution makes for a very efficient enforcement strategy and provides additional data for planning and management purposes. Operational use of a combined mobile and fixed LPR solution is provided in Section 3. " Hardware and Software Solution ".

Following is some information on the Genetec Fixed LPR hardware and Free Flow software.

Deployment is simplified by the POE+ cameras requiring less power and connectivity infrastructure. PCS Mobile also has expertise in cellular are solar deployments at remote locations when power and network is not available or if it is easier to not have to tap into existing resources.

E FOCUS
License Plate Recognition
AutoVu Free -Flow
Track Off- Street Parking Violations in Real -Time
AutoVu-" Free -Flow, a module of Genetec' s AutoVu
automatic license plate recognition ( ALPR) solution,
increases parking enforcement efficiency by
providing a real -time inventory of vehicles parked fse illegally in monitored parking lots. Officers can easily identify lots with unenforced violations and optimize
their patrol route based on real -time information.

AutoVu Free -Flow records the license plate of vehicles entering and leaving a monitored parking lot, and compares them to the list of permit holders and payments received through pay -by- plate - enabled pay stations and mobile parking apps. Vehicles parked beyond their purchased time are automatically marked as a violation awaiting enforcement in AutoVu' s live violation report.

How it Works .

Au to VU Free - Flo. v tracks vehicles corked in Individuct lots, and updates the, rstoms in reartr^! F.

Key Benefits
Boost enforcement productivipby dynamically optimizing patron routes and focusing on parking lots
with unenforced violations
P. Measure the evolution of your
violation capture rate over time by
tracking how many violations were
not en forced
Automatically identify returning
scofflaws as they enter a parking lot
and alert officers on patrol
Seamlessly connect to third - party
pay stations, mobile payment apps
and permit management systems
Vehicle Arrival Parking Time ' "` Enforcement
Expires
Theevehicle' s
arrival license
Once an officer issues
plate and arrivaltimeis Patrons are granted a — a violation ticket, the captured. configurable grace period vehicle s status is to exit or purchase more updated in the back -
parking time. office.

FREE - 11, IE PAIDTIME CRArE PERIOD VIOLATION ENFORCED
Parking Time — Grace Period Ends Vehicle Exit
Purchase The vehicle is added to The vehicle' s license Parking time is enforcement lists and plate and exit time is purchased through distributed to patrol captured.
connected pay stations vehicles and officers,
or mobile apps.
71 F E A T U[ 0 F FOCUS I AutoVu Free -Flow
Modernize Your Off- Street Parking Operations
Leverage AutoVu ALPR data to enhance enforcement and track key park!.ng performance indicators overtime. Here are some of the ways AutoVu Free -Flow enhances your operations:

In
Automatically Synchronize
Violation Lists with Mobile
ALPR Units
AutoVu Free - Flow' s live violations
report can be reviewed through
AutoVu' s back - office interface,
or synchronized with parking
enforcement vehicles usingAutoVu
Patroller to maximize enforcement
productivity.

AutoVu Violation
Report P.

A L tO W 5 i.'VF ooiat10n repo,;
disploys the list ofvehirlas
parked fllequli.
pinking lot, w.
conrexr image C—, r" ..,
vehicle' s arrival.

Track the Evolution of
Enforcement Efficiency
Track how many illegally- parked
vehicles leave without being
issued a ticket and optimize your
enforcement schedule and resources
based on the evolution of parking
behaviors over time.
r
Y
Alert officers of Returning
Scofflaws
Automatically detects vehicles on
your scofflaw ! ist and notify parking
enforcement officers of their arrival
and location.
i
2 ?1SGene!x All nghm' elen'ed rene; e:, the aene; er. ioec, OMruCaSl, S+ nerga. s- d AUt. N. -.. k. e." ares f' e^ 1, All nmei tr.j err .. - r t.;, ne,! n' ann = rnc ror vv ,,. 10 pcs mobile
Proposed Cost Elements
Proposal, Option Fixed LPR On Site server Dare: 10- Oct - 17 Cus[ m iCity of seal Beach v1 Estimwa: S. gruecken
PROPOSED COST ELEMENTS - SUMMARY Annual Costs - software and Maintenance Fixed LPN and Free Flow Saflware $ 50, 698. 00 - -
Winks, Network solution for Fixed LPR Optional -
Genesee Advantage lsoftwan Maintenance Agreement) Annual Cost 5 480. 00 Included 5 680. 00 $ 48000 Mobile Assurance support - Annual Cost $ 2, M. 0 Included $ 2, 700. 00 $ 2, 7W.O0 Extended Warranty Opt ion - Five Year Advance purchase Discount Optional - - - subtotal $ 53, 87800 $ $ 3, 180. 00 $ 3, 100
This proposal does not account for sales tax
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Proposed Cost Elements
Proposal: Optiona Fixed 1PR
Customer: City of Seal Beach
Date: 10- Oct- 17
Estimator: S. Bruecken
Costs - Genetec Advantaqe
ADV- LPR - F - 1Y Genetec Advantage - Fixed Genetec- Advantage for 1 AutoVu fixed camera 6 $ 80. 00 $ 480. 00
connection - 1 Year
Subtotal $ 480.00
pcs mobile- If
Proposed Cost Elements
Proposal: Ophona Fixed LPR
Customer: City of Seal Beach
Date: 10- Oct -17
Estimator: S. Bruecken
Costs - Annual
MOO- MAMSummit Mobile Assurance• Any service or support that requires a PCs Mobile Mobility Specialist to work with the
customer via Phone, Email, Remote, and / or at
6 $ 250. 00 $ 1, 500. 00
the PCs Mobile Shop to resolve issues involving
the AutoVu LPR solution. Per mobile and fixed
Mobility Summit camera system.

MOB- SUPPORT Mobile Assurance• Any service or support that requires a PCs Mobile IT Specialist to work with the customer
via Phone, Email, Remote, and / or at the PCs
0 $ 2, 500. 00 $ -
Mobile Shop to resolve issues involving the
AutoVu LPR software ( i. e. Security Center or
Summit Server Patroller) on the server.

Optional Preventative Maintenance to include
with any package. This visit includes checking and MOB -MAPM Preventative Maintenance 6 $ 200. 00 $ 1,200. 00 re- seating all connections, mounting hardware,
testing and adjusting of hardware and software.

Travel Charge for On Site Travel Cost per trip for Preventative

TRAVEL ZONE
Services
Maintenance. -- Assumes complete at same 0 $ 1, 400. 00 $ - trip as mobile units
Subtotal $ 2, 700. 00
LPR Support Services- Total $ 4700. 00J
a1igoui
1c;
a
PC 5 mobile
Proposed Cost Elements
Proposal: Mobile EPA On Site Server Date. 10- Oct - 17
Crammer. City of Seal Beach VS 6timatpr: S. Bruecken
PROPOSED COST ELEMENTS - SUMMARY Annual Costs - Software and Maintenance Mobile Overtime LPR and Professional Services $ 177, 223. 50 - - Mobile Computing Per RB Document $ 12, 1300. 00 - -
Genetec Advantage ( SOftwdre Maintenantt Agreement) - Annual Cast $ 1100. 00 Included $ 800. 00 $ 800A0 Mobile Assurance 6up, rt- Annual COSt $ 5, 700. 00 Included $ 5) 0000 $ 5, 700. 00 Wanted Warranty Option- Flee Year Advance Purchase Discount Optional - Subtotal $ 196, 523. 50 $ $ 6, 500. 00 $ 6. 500. 00
LPR Equipment Costs and Services- Total S 195.523.50 $ s 61 $ cswoo! This proposal does not account for sales tax
auL, mobile
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1pcs mobile
Proposed Cost Elements
Proposal: Mobile LPR
Customer: City of Seal Beach
Date: 30- Oct -17
Estimator: S. Bruecken
Latitude 14 Rugged 5414 with the following
mandatory configuration features:

1. Dedicated Internal UBLO% GPS

2. RGB Backlit keyboard

3. Wi -Fi adapter

4. Bluetooth adapter
COM - PR00
Mobile Computing 5. 256gig Unencrypted Solid -State Drive 4 $ 3, 200. 00 $ 12, 800.00
Assembly 7. Windows 1064 bit

8. Dock connector with pass- through

9. Standard ports ( R) 45, usb, etc.)

10. Touch screen monitor

11. Internal 4g Wireless Adapter( Verizon)

12. i5 -63000 Processor

13. Blip 2133MHz Memory ** Does not Include
mounting, external antenna, power supply, etc.
pcs mobileProposed Cost Elements
Proposal: Mobile LPR
Customer: City of Seal Beach
Date: 10- Oct -17
Estimator: S. Bruecken
ADV- LPR -M -ly Genetec Advantage -
Genete<'" Advantage 1 AutoVU mobile system
connection to Security Center - 1 year
4 $ 200. 00 $ 800. 00
Mobile
Subtotal $ 800.00
Software Maintenance Costs - Total $ 800.00
PCs mobile -
Proposed Cost Elements
Proposal: Mobile LPR
Customer: City of Seal Beach
Date: 30- Oct -17
Estimator: S. Bruecken
Mobile Mobility Specialist to work with the
customer via Phone, Email, Remote, and / or at
the PCs Mobile Shop to resolve Issues involving
4 $ 250.00 $ 1, 000. 00
the AutoVU LPR solution. Per mobile and fixed
Mobility Summit camera system.

MOB - SUPPORT Mobile Assurance• Any service or support that requires a PCs Mobile IT Specialist to work with the customer
via Phone, Email, Remote, and / or at the PCS
1 $ 2, 500. 00 $ 2, 500. 00
Mobile Shop to resolve issues involving the
AutoVu LPR software ( i. e. Security Center or
Summit Server Patroller) on the server.

Optional Preventative Maintenance to include
MOB -MAPM Preventative Maintenance with any package. This visit includes checking and 4 $ 200. 00 B00. 00 re- seating all connections, mounting hardware,
testing and adjusting of hardware and software.

TRAVEL ZONE Travel Charge for On Site Travel Cost per trip for Preventative 1 $ 1, 400. 00 $ 1, 400. 00
Services Maintenance.

Subtotal $ 5, 700. 00
LPR Support Services- Total $ 5, 700. 00
AC " R" CERTIFICATE OF LIABILITY INSURANCE z/is /2018'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER CONTACT Joel Walker NAME:

PAHGNN e. ( 303) 647 - 5477 Blue Sky FAX NO: Ins
EWAIL walker bsk ins. com 88 Inverness Circle East ADDRESS, @ Y A103 INSURERS AFFORDING COVERAGE NAIC If
Englewood INSURER A: Travelers Inderrunity Company 25682 CO 80112

INSURED

INSURER
CLAIMS - MADE 1X OCCUR
PCS Mobile / Portable Computer Systems / INSURER C'
Western Sky, LLC INSURER D:

INSURER IS
300, 000
1200 W. Mississippi
INSURER F:
10, 000
Denver CO 80223
COVERAGES CERTIFICATE NUMBER: CL1761210471 REVISION NUMBER:

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

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

INSH LTR TYPE OF INSURANCE ADDL INqQ SUER WV0 POLICY NUMBER POLICY ERE MMIDOIYYYY MMIDDrY POLICY EXPYV LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000 A CLAIMS - MADE 1X OCCUR PREMISES PREMI E S EaRENTED occurrence) 300, 000 MED EXP( Any one person) ZLP15187757 6/ 1/ 2011 6/ 1/ 2018 10, 000 PERSONAL 8 ADV INJURY 1, DOE, 000
GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2, 000, 000 POLICY O JET D LOG PRODUCTS - COMROP AGG 2, 000, 000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
1, 000, 000
BODILY INJURY( Par person)
A

ANY AUTO
BODILY INJURY( Peraccident) Ix ALL OWNED SCHEDULED

AUTOS AUTOS
BA1Ni03350 6/ 1/ 2017 6/ 1/ 2018
X NON -OWNED PROPERTY pAMAGE
HIRED AUTOS AUTOS Pe accident
x UMBRELLA LIAR OCCUR EACH OCCURRENCE 5, 000, 000
AGGREGATE 5, 000, 000

EXCESS LIAR CLAIMS - MADE
DED I X I RETENTION$ 10, 000 IzUP71HSo0sa6/ 1/ 2017 6/ 1/ 2018 WORKERS COMPENSATION x PENT TE OTRHAND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTN ER, EXECUTIVE E. L. EACH ACCIDENT 11000, 000 UB9J13939717I5G 9/ 1/ 2017 9/ 1/ 2018

OFFICER / MEMBER EXCLUDED' N N/ A
Mandator, in NH) EL. DISEASE - EA EMPLOYEE 1, 000, 000
It yes, describe under
DESCRIPTION OF OPERATIONS below E. DISEASE - POLICY LIMIT 1. 000, 000 E60 / Prof /incl Technology ZPLlST87770 6/ 1/ 2017 6/ 1/ 2018 Occurance $ 1, 000, 000 Employee Dishonesty / Crime Aggregate $ 1, 000, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ADDED 101, Additional Remarks Schedule, maybe attached it more space is required) The City, its directors, officials, officers, employees, agents and volunteers are named as additional insureds. Coverages are primary and non - contributory. 30 days notice of cancellation given ( 10 days for non - payment). A waiver of subrogation in favor of The City, its directors, officials, officers, employees, agents and volunteers applies.

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2014101)
INS025 ( 2D140D
1988 - 2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 Eighth Street ACCORDANCE WITH THE POLICY PROVISIONS.

Seal Beach, CA 90740

AUTHORIZED REPRESENTATIVE
Joel Walker /ADMIN l- '''^`
ACORD 25 ( 2014101)
INS025 ( 2D140D
1988 - 2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this enmine dorsement and the rest of your policy carefully rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT
B. BLANKET ADDITIONAL INSURED
I. PHYSICAL DAMAGE — TRANSPORTATION
C. EMPLOYEE HIRED AUTO EXPENSES — INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS
LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS
ERAGE — INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE — GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS

PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A. 1., Who Is
person or organization qualifies as an " insured"
under the Who Is An Insured provision contained
An Insured, of SECTION It — COVERED AUTOS in Section II.

LIABILITY COVERAGE:

C. EMPLOYEE HIRED AUTO
Any organization you newly acquire or form dur- of
ing the policy period over which you maintain Who An Insured, of SECTION II — COV50% or more ownership interest and that is not FRED AUTOS LIABILITY COVERAGE:
separately insured for Business Auto Coverage. An " employee" of yours is an " insured" while Coverage under this provision is afforded only unoperating an " auto" hired or rented under a til the 180th day after you acquire or form the or- contract or agreement in an " employee' s" ganization. or the end of the policy period, whichname, with your permission, while performing ever is earlier. duties related to the conduct of your busiB. BLANKET ADDITIONAL INSURED ness.

The following is added to Paragraph c. in'; A. 1., 2. The following replaces Paragraph 6. in B. S., Who Is An Insured, of SECTION 11 — COVERED Other Insurance, of SECTION IV — BUSIAUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:

Any person or organization who is required under b. For Hired Auto Physical Damage Cover - age, the following are deemed to be cova written contract or agreement between you and ered " autos" you own:
that person or organization, that is signed and
bodily AnY covered " auto" You y lease, hire,
executed by you before the injury" or
rent or borrow; and
property damage" occurs and that is in effect
during the policy period, to be named as an addi- 2) Any covered " auto" hired or rented by tional insured is an " insured" for Covered Autos your " employee" under a contract in Liability Coverage, but only for damages to which an " employee' s" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes convrighted material of Insurance Services Office, Inc. with its permission.

COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or " suit' related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions
However, any " auto" that is leased, hired,
of the United States of America, Puerto
rented or borrowed with a driver is not a
Rico and Canada:
covered " auto ". i) You must arrange to defend the " inD. EMPLOYEES AS INSURED sured" against, and investigate or settle any such claim or " suit' and keep The following is added to Paragraph A. 1., Who Is us advised of all proceedings and acAn Insured, of SECTION II — COVERED AUTOS tions.

LIABILITY COVERAGE: ii) Neither you nor any other involved Any " employee" of yours is an " insured" while us- insured" will make any settlement ing a covered " auto" you don' t own, hire or borrow without our consent. in your business or your personal affairs. iii) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the " insured" against, or LIMITS in the settlement of, any claim or

1. The following replaces Paragraph A. 2. a.( 2), suit ". of SECTION II — COVERED AUTOS LIABIL- iv) We will reimburse the " insured" for ITY COVERAGE: sums that the " insured" legally must
2) Up to $ 3, 000 for cost of bail bonds ( in- pay as damages because of " bodily cluding bonds for related traffic law viola- injury" or " property damage" to which tions) required because of an " accident" this insurance applies, that the " inwe cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para -

2. The following replaces Paragraph A. 2. a.( 4),
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
of SECTION II — COVERED AUTOS LIABIL- LIABILITY COVERAGE.

ITY COVERAGE:

All expenses incurred by the
v) We will reimburse the " insured" for
4) reasonable
insured" at our request, including actual
the reasonable expenses incurred
with our consent for yourinvestigaoss off earnings up to $ 500 a day be- tion of such claims and your defense cause time off from work. of the " insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- suit ", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph ( 5) in Para- graph C., Limits Of ' Insurance, of graph 8. 7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
make such payments ends when we
5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, e insurance in payments for damages, barge, or similar regulation imposed thee
settlements or defense expenses.

United States of America applies to andd prohibits the transaction of business with or b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the " insured" whether primary; excess, auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less c) This insurance is not a substitute for reand that is not an " auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your " employees ", country outside the United States, its ter - partners ( if you are a partnership), members ritories and possessions, Puerto Rico and if you are a limited liability company) or Canada.
members of their households.

Page 2 of 4 ends

CA T3 53 02 15
Includes coovnohted material of Insurance Services Office, Inc. with its permission.

You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE:

No deductible for a covered " auto' will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Paragraph A. 4. b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $ 65 per day, to a maximum of
750 for any one " accident'.

I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Paragraph A. 4. a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:

We will pay up to $ 50 per day to a maximum of
1, 500 for temporary transportation expense incurred by you because of the total theft of a covered " auto' of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $ 400 for ' loss' to wearing apparel and other personal property which is:
1) Owned by an " insured "; and

COMMERCIAL AUTO
2) In or on your covered " auto ".

This coverage applies only in the event of a total
theft of your covered " auto'.

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph 6. 3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE:

Exclusion 3. a. does not apply to " loss' to one or
more airbags in a covered " auto" you own that inflate due to a cause other than a cause of " loss" set forth in Paragraphs A. 1. b. and A. 1. c., but
only:
a. If that " auto' is a covered " auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $ 1, 000 for any
one " loss ".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A. 2. a., of
SECTION IV — BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the " accident' or ' loss" applies only when the " accident' or " loss" is known to:
a) You ( if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability company), d) An executive officer, director or insurance
manager ( if you are a corporation or other organization); or e) Any " employee" authorized by you to give notice of the " accident' or "loss M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. 5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDITIONS

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident
or "loss", provided that the "accident' or "loss"
arises out of operations contemplated by
CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes cnnvrichled material of Insurance services Office, Inc. with its permission.

COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B. 2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS:

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal.

Page 4 of 4 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TECHNOLOGY XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. Reasonable Force Property Damage — Exception
To Expected Or Intended Injury Exclusion
B. Non -Owned Watercraft Less Than 75 Feet
C. Aircraft Chartered With Pilot
D. Damage To Premises Rented To You
E. Increased Supplementary Payments
F. Who Is An Insured — Employees And Volunteer
Workers — First Aid
G. Who Is An Insured — Employees — Supervisory
Positions
H. Who Is An Insured — Newly Acquired Or Formed
Organizations
I. Blanket Additional Insured — Owners, Managers
Or Lessors Of Premises

PROVISIONS
A. REASONABLE FORCE PROPERTY DAMAGE —
EXCEPTION TO EXPECTED OR INTENDED INJURY EXCLUSION
The following replaces Exclusion a., Expected Or
Intended Injury, in Paragraph 2., of SECTION I —
COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
a. Expected Or Intended Injury Or Damage
Bodily injury" or " property damage" expected
or intended from the standpoint of the insured. This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect any
person or property.

B. NON -OWNED WATERCRAFT LESS THAN 75
FEET
The following replaces Paragraph (2) of Exclusion
g., Aircraft, Auto Or Watercraft, in Paragraph 2.

J. Blanket Additional Insured — Lessors Of Leased
Equipment
K. Blanket Additional Insured — Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement L. Blanket Additional Insured — Broad Form Vendors
M. Who Is An Insured — Unnamed Subsidiaries
N. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures O. Contractual Liability — Railroads
P. Knowledge And Notice Of Occurrence Or Offense
Q. Unintentional Omission
R. Blanket Waiver Of Subrogation
of SECTION I — COVERAGES — COVERAGE A

BODILY INJURY AND PROPERTY DAMAGE
LIABILITY:
2) A watercraft you do not own that is:
a) Less than 75 feet long; and
b) Not being used to carry any person or
property for a charge.

C. AIRCRAFT CHARTERED WITH PILOT
The following is added to Exclusion g., Aircraft,
Auto Or Watercraft, in Paragraph 2. of SECTION
I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:

This exclusion does not apply to an aircraft that
is:
a) Chartered with a pilot to any insured,
b) Not owned by any insured; and
c) Not being used to carry any person or property for a charge.

COMMERCIAL GENERAL LIABILITY
D. DAMAGE TO PREMISES RENTED TO YOU

1. The first paragraph of the exceptions in Exclusion j., Damage To Property, in Paragraph 2. of SECTION I — COVERAGES —

COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY is deleted.

2. The following replaces the last paragraph of
Paragraph 2., Exclusions, of SECTION I —
COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:

Exclusions c., g. and h., and Paragraphs ( 1),
3) and ( 4) of Exclusion j., do not apply to
premises damage ". Exclusion f.(1)( a) does
not apply to " premises damage" caused by
fire unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement
to this Coverage Part that has Exclusion — All
Pollution Injury Or Damage or Total Pollution
Exclusion in its title. A separate limit of insurance applies to " premises damage" as described in Paragraph 6. of Section III — Limits Oflnsurance.

3. The following replaces Paragraph 6. of SECTION 111 — LIMITS OF INSURANCE:

6. Subject to 5. above, the Damage To
Premises Rented To You Limit is the
most we will pay under Coverage A for
damages because of " premises damage"
to any one premises.

The Damage To Premises Rented To
You Limit will be
a. The amount shown for the Damage
To Premises Rented To You Limit on
the Declarations of this Coverage
Part, or
b. $ 100, 000 if no amount is shown for
the Damage To Premises Rented To
You Limit on the Declarations of this
Coverage Part.

4. The following replaces Paragraph a. of the
definition of "insured contract" in the DEFINITIONS Section:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any
person or organization for " premises
damage" is not an " insured contract ";

5. The following is added to the DEFINITIONS
Section:

Premises damage" means " property damage" to:
a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.

6. The following replaces Paragraph 4.b.( 1)( b)
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
b) That is insurance for " premises damage ";
or

7. Paragraph 4. b.( 1)( c) of SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted.

E. INCREASED SUPPLEMENTARY PAYMENTS

1. The following replaces Paragraph 1. b. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES:
b. Up to $ 2, 500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds.

2. The following replaces Paragraph 1. d. of
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I — COVERAGES:
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit ", including actual loss of earnings up
to $ 500 a day because of time off from
work.

F. WHO IS AN INSURED — EMPLOYEES AND
VOLUNTEER WORKERS — FIRST AID

1. The following is added to the definition of " occurrence" in the DEFINITIONS Section:

Unless you are in the business or occupation
of providing professional health care services,
occurrence" also means an act or omission
committed by any of your " employees" or
volunteer workers ", other than an employed

Page 2 of 6 ends

Includes the copyrighted material of Insurance Services Office, Inc. with its permission. or volunteer doctor, in providing or failing to
provide first aid or " Good Samaritan services"
to a person.

2. The following is added to Paragraph 2. a.( 1) of
SECTION If — WHO IS AN INSURED:

Unless you are in the business or occupation
of providing professional health care services,
Paragraphs ( 1 )( a), ( b), ( c) and ( d) above do
not apply to " bodily injury" arising out of providing or failing to provide first aid or " Good Samaritan services" by any of your " employees" or " volunteer workers ", other than an employed or volunteer doctor. Any of your
employees" or " volunteer workers" providing
or failing to provide first aid or " Good Samaritan services" during their work hours for you will be deemed to be acting within the scope
of their employment by you or performing duties related to the conduct of your business.

3. The following is added to Paragraph 5. of
SECTION III — LIMITS OF INSURANCE:

For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed by any of your " employees" or " volunteer workers" in providing or failing to provide first aid or " Good Samaritan
services" to any one person will be deemed to
be one " occurrence ".

4. The following is added to the DEFINITIONS
Section:

Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.

G. WHO IS AN INSURED — EMPLOYEES — SUPERVISORY POSITIONS The following is added to Paragraph 2. a.( 1) of
SECTION II — WHO IS AN INSURED:

Paragraphs ( 1)( a), ( b) and ( c) above do not apply
to " bodily injury" or " personal injury" to a coemployee" in the course of the co-" employee' s" employment by you arising out of work by any of
your " employees" who hold a supervisory position.

H. WHO IS AN INSURED — NEWLY ACQUIRED

OR FORMED ORGANIZATIONS
The following replaces Paragraph 4. of SECTION
II — WHO IS AN INSURED:

4. Any organization you newly acquire or
form, other than a partnership or joint
venture, of which you are the sole owner

COMMERCIAL GENERAL LIABILITY
or in which you maintain the majority
ownership interest, will qualify as a
Named Insured if there is no other insurance which provides similar coverage to that organization. However:
a. Coverage under this provision is afforded only:
1) Until the 180th day after you acquire or form the organization or the end of the policy period,
whichever is earlier, if you do not
report such organization in writing
to us within 180 days after you
acquire or form it, or
2) Until the end of the policy period,
when that date is later than 180
days after you acquire or form
such organization, if you report
such organization in writing to us
within 180 days after you acquire
or form it, and we agree in writing
that it will continue to be a
Named Insured until the end of
the policy period;
b. Coverage A does not apply to " bodily
injury" or " property damage" that occurred before you acquired or formed the organization, and
c. Coverage B does not apply to " personal injury" or " advertising injury" arising out of an offense committed
before you acquired or formed the
organization.

I. BLANKET ADDITIONAL INSURED — OWNERS,

MANAGERS OR LESSORS OF PREMISES
The following is added to SECTION II — WHO IS
ANINSURED:

Any person or organization that is a premises
owner, manager or lessor is an insured, but only
with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you.

The insurance provided to such premises owner,
manager or lessor does not apply to:
a. Any " bodily injury" or " property damage"
caused by an " occurrence" that takes place,
or " personal injury" or " advertising injury"
caused by an offense that is committed, after
you cease to be a tenant in that premises; or
CG D4 17 07 08 © 2008 The Travelers Companies, Inc. Page 3 of 6 Includes the copyrighted material of Insurance Services Office, Inc. with its permission.

COMMERCIAL GENERAL LIABILITY
b. Structural alterations, new construction or
demolition operations performed by or on behalf of such premises owner, manager or lessor.

J. BLANKET ADDITIONAL INSURED — LESSORS

OF LEASED EQUIPMENT
The following is added to SECTION II — WHO IS
AN INSURED:

Any person or organization that is an equipment
lessor is an insured, but only with respect to liability for " bodily injury", " property damage ", " personal injury" or " advertising injury" caused, in whole or in part, by your acts or omissions in the
maintenance, operation or use by you of equipment leased to you by such equipment lessor.

The insurance provided to such equipment lessor
does not apply to any " bodily injury" or " property
damage" caused by an " occurrence" that takes
place, or " personal injury" or " advertising injury"
caused by an offense that is committed, after the
equipment lease expires.

K. BLANKET ADDITIONAL INSURED — PERSONS

OR ORGANIZATIONS FOR YOUR ONGOING

OPERATIONS AS REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT
The following is added to SECTION II — WHO IS
AN INSURED:

Any person or organization that is not otherwise
an insured under this Coverage Part and that you
have agreed in a written contract or agreement to
include as an additional insured on this Coverage
Part is an insured, but only with respect to liability
for "bodily injury" or " property damage" that:
a. Is caused by an " occurrence" that takes place
after you have signed and executed that contract or agreement; and b. Is caused, in whole or in part, by your acts or
omissions in the performance of your ongoing
operations to which that contract or agreement applies or the acts or omissions of any person or organization performing such operations on your behalf.

The limits of insurance provided to such insured
will be the limits which you agreed to provide in
the written contract or agreement, or the limits
shown in the Declarations, whichever are less.

L. BLANKET ADDITIONAL INSURED — BROAD

FORM VENDORS
Any person or organization that is a vendor and
that you have agreed in a written contract or
agreement to include as an additional insured on
this Coverage Part is an insured, but only with respect to liability for " bodily injury" or " property damage" that:
a. Is caused by an " occurrence" that takes place
after you have signed and executed that contract or agreement; and b. Arises out of " your products" which are distributed or sold in the regular course of such vendor' s business.

The insurance provided to such vendor is subject
to the following provisions:
a. The limits of insurance provided to such vendor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does
not apply to:
1) Any express warranty not authorized by
you;
2) Any change in " your products" made by
such vendor;
3) Repackaging, unless unpacked solely for
the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and
then repackaged in the original container;
4) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to
perform in the regular course of business,
in connection with the distribution or sale
of "your products ";
5) Demonstration, installation, servicing or
repair operations, except such operations
performed at such vendor' s premises in
connection with the sale of " your products": or
6) " Your products" which, after distribution
or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor.

Coverage under this provision does not apply to:
a. Any person or organization from whom you The following is added to SECTION 11 — WHO IS have acquired " your products ", or any ingre- AN INSURED:

Page 4 of 6 ends

Includes the copyrighted material of Insurance Services Office, Inc. with its permission. dient, part or container entering into, accompanying or containing such products, or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement.

M. WHO IS AN INSURED — UNNAMED SUBSIDIARIES
The following is added to SECTION II — WHO IS
AN INSURED:

Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if:
a. You maintain an ownership interest of more
than 50% in such subsidiary on the first day
of the policy period; and
b. Such subsidiary is not an insured under similar other insurance.

No such subsidiary is an insured for "bodily injury'
or " property damage' that occurred, or " personal
injury' or " advertising injury" caused by an offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership interest of more than 50% in such subsidiary.

N. WHO IS AN INSURED — LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR

JOINT VENTURES
The following replaces the last paragraph of
SECTION II — WHO IS AN INSURED:

No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership or joint venture that otherwise qualifies as an insured under Section If — Who Is An Insured.

O. CONTRACTUAL LIABILITY —RAILROADS

1. The following replaces Paragraph c. of the
definition of "insured contract' in the DEFINITIONS Section:
c. Any easement or license agreement,

COMMERCIAL GENERAL LIABILITY
P. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Claim or
Suit, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2.
of Section It — Who Is An Insured:
1) Notice to us of such ' occurrence' or offense must be given as soon as practicable only after the ' occurrence" or offense is known to you ( if you are an individual),
any of your partners or members who is
an individual ( if you are a partnership or
joint venture), any of your managers who
is an individual ( if you are a limited liability
company), any of your trustees who is an
individual ( if you are a trust), any of your
executive officers" or directors ( if you are
an organization other than a partnership,
joint venture, limited liability company or
trust) or any " employee' authorized by
you to give notice of an ' occurrence' or
offense.
2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members,
managers or trustees are individuals, notice to us of such occurrence" or offense must be given as soon as practicable only
after the " occurrence" or offense is known
by:
a) Any individual who is:
i) A partner or member of any partnership or joint venture, ii) A manager of any limited liability
company;
iii) A trustee of any trust; or
iv) An executive officer or director of
any other organization,
that is your partner, joint venture
member, manager or trustee, or

2. Paragraph f.(1) of the definition of " insured ( b) Any " employee' authorized by such contract' in the DEFINITIONS Section is de- partnership, joint venture, limited lileted. ability company, trust or other organization to give notice of an ' occur - rence " or offense.

COMMERCIAL GENERAL LIABILITY
3) Notice to us of such " occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as
soon as practicable to your workers'
compensation insurer. This applies only if
you subsequently give notice to us of the
occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. ( 1) or ( 2) above discovers that the " occurrence" or offense may result in sums to which the insurance
provided under this Coverage Part may
apply.

However, if this policy includes an endorsement that provides limited coverage for " bodily injury" or " property damage" or pollution costs arising out of a discharge, release or
escape of " pollutants" which contains a requirement that the discharge, release or escape of " pollutants" must be reported to us within a specific number of days after its
abrupt commencement, this Paragraph e.
does not affect that requirement.

O. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:

The unintentional omission of, or unintentional
error in, any information provided by you which
we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.

R. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:

If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our
right of recovery against such person or organization, but only for payments we make because of:
a. " Bodily injury" or " property damage" caused
by an " occurrence" that takes place; or
Id. " Personal injury" or " advertising injury"
caused by an offense that is committed;
subsequent to the execution of the contract or
agreement.

Page 6 of 6 ends

Includes the copyrighted material of Insurance Services Office, Inc. with its permission.

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND

NON - CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER

INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Paragraph 4. a.,
Primary Insurance, of SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:

However, if you specifically agree in a written contract or agreement that the insurance afforded to an additional insured under this
Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance
that is available to such additional insured
which covers such additional insured as a
named insured, and we will not share with
that other insurance, provided that:
1) The " bodily injury" or " property damage"
for which coverage is sought is caused
by- an ' occurrence" that takes place; and
2) The " personal injury" or " advertising injury" for which coverage is sought arises out of an offense that is committed;
subsequent to the signing and execution of
that contract or agreement by you.

CG D4 25 07 08 0 2008 The Travelers Companies, Inc. Page 1 of 1 IU eourEr
QUOTE
Note: This Quote is good and valid for 15 days beyond the Quote Date Quote No,:

Date:

Seller:

Quoted Price Before Tax:

Customer Name:

Routel Salesperson:

Date of Signature:

Q2023-330
Feh2-23
PcS Mobile
End User: 58,400.00
City of Seal Beach
Alex Rogowski
Prorect Description:
. Routel. Comprehensive Support.

ThebelowTermsof Sale are an integral part of this quote. ln order for this quote to be effective, the attached Ter s of Sale m be agreed
Customer Authorizing Party Signature:
-1. 1\ a

1. 5upport and Licenses End User: 58,400.00
Support:
. Routel Comprehensive support package.
- Base package for one year.
- tour Mobile LPR vehicles, for one year.
- See Schedule A
Renewal Term 0ZlL212O23 - O212912024
1 www.routel.com
rlt
Schedule A
Item Comprehensive
Client Type
Workmanship Warranty
l YEAR
Annual account Review Meeting
Remote Helpdesk Support
Support Hours
Authorized # of Contacts for Helpdesk Support
Help Desk Responsiveness
No. of lncidents per Month
lssue Reporting via Phone
lssue Reporting via Email
On Site Support
Annual Maintenance Visit (up to 10 vehicles / 20 fixed cameras) Upgrade to quarterly or monthly maintenance visit
Guarantee for Emer8ency (additional costs apply)
Hardware Support
Hot swap lnventory on Hand for Vehicle or Fixed Camera
Loaner Hardware during RMA Process Timeframe, if Available RMA Processing Support and Tracking
Hardware lnventory Management
Software Support
On Prem Only: Annual Server Upgrades (Once per year)
On Prem Only: Genetec Advantage Premiums lncluded
Patroller Software Upgrades (Remote)
Workstation Upgrades after server upgrade (Remote)
Notification of ava ilable upgrades
All
l year
12 hours
Yes
8to5pm
4 4 hou rs
Up to 10
Yes
Yes
NA
NA
10 days
Extra Cost
Yes
Yes
Yes
Prlcing (all prices are annual) Comprehensive
Term
Base Price
Price per Mobile LPR Vehicle
Price per Fixed camera
On-Prem Solution Surcharge
L year
S6,ooo
s600
ssoo
s8,8oo
E www.routeL.com
Yes
NA
Yes
Yes
Yes
ru
Schedule A (Contin ued )
Add-On options
Additional Authorized Contacts
lncreased Help Desk Response Time to a 4 hour response time lncreased Help Desk Response Time to a 30 minute response time Additional No. of lncidents per month - five (5) incident pack Annual On Site Maintenance Visit - per 10 vehicles / 20 fixed cameras
AnnualConfiguration Time - Additional 4 Hours
Upgraded Guarantee for Emergency On Site support to 5 days Hot swap Inventory on Hand for Vehicle and/or Fixed camera $500 per
lnc luded
Ss,ooo
s3,oo0
s4,000
s8oo
ss,ooo
slo,ooo
All prices are Annual
E www.routel.com
Comprehensive
tlt
Terms of Sale
Routel lnc. ("Routel") is the parent company of operating subsidiaries Route 1 Security Corporation, Portable Computer Systems, lnc. doing business as PCS Mobile, Spyrus Solutions lnc., Group Mobile lnt'1, LLC, DatasourceMobility, LLC and VetSourceMobility, LLC. (collectively the "Seller"). Each of these subsidiaries, as applicable, continue as valid parties to all agreements.

The submittal of a purchase order to the Seller by the customer referred to in the attached quote (the "Customer", "Client" or the "Buyer") referencing the Quote No. and the specifics from that Quote or a Customer Authorizing Party signature on the Quote, indicates acceptance of the below terms and conditions.

Please read these Terms of Sale (the 'Terms of Sale") carefully.

Except where indicated otherwise, these terms and conditions shall supersede any subsequent terms or conditions included with any purchase order. The Seller reserves the right to make changes to these terms and conditions at any time. ln the event that there is any conflict or inconsistency between these Terms of Sale and any other terms of sale or use, these Terms of Sale will govern.

1. Acceptance of Order
Buyer's placement of an order does not necessarily ensure that we will accept the Buyer's order. we reserve the right to refuse any order in our sole discretion. ln addition, before accepting Buye/s order, we may require additional information if Buyer has not provided all of the information required by the Seller to complete Buyer's order. Once a properly completed order is received, authorization of Buyer's form of payment is received and we have accepted Buyer's order, we will promptly place Buyer's order in line for shipment.

Once an order has been accepted by the Seller, it cannot typically be cancelled. lf an order cancellation request is received and accepted by the Seller prior to product shipment, a 15% cancellation fee will apply.

2. Pricing and AvailabiliW
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if Buyer has already placed an order.

All prices are subject to change without notice, and Buyer agrees that taxes may be adjusted from the amount shown on this quote. Several factors may cause this, such as variances between processor programs and changes in tax rates.
3, Payment Terms and credit card Payments
lf the Buyer requests credit from the Seller, the Buyer shall provide all financial information reasonably requested by the Seller from time to time for the sole purpose of establishing or continuing Buyer's credit limit. Buyer agrees that the Seller shall have the right to decline or extend credit to Buyer, and to require that the applicable purchase price be paid prior to shipment. The Seller shall have the right from www.routel.com
U
lf credit terms are not available to the Buyer, pre-payment may be made by ACH (EFT), Wire Transfer or company check (7 to 10 days to clear). The seller currently accepts Visa and Mastercard, as forms of credit card payment. By submitting Buyer's order and selecting to use a credit card as a form of payment, Euyer represents and warrants that Buyer is authorized to use the designated credit card and authorizes the Seller to charge Buye/s order (including taxes, shipping and handling) to that card. lf the card cannot be verified, is invalid, or is otherwise not acceptable, Buyer's order may be suspended or cancelled automatically. All credit card orders are subject to a 4% service charge. The Seller further reserves the right, in its sole discretion, to request partial payment from Buyer, prior to processing Buyer's order.

Buyer shall not deduct any amounts from any Seller invoice without the Seller's express written approval, which approval shall be contingent upon Buyer providing all supporting documentation for such deduction as required by the Seller. Any authorized deductions for returned Products must include Buyer's customer tracking number and the Seller's Return Merchandise Authorization ("RMA") number.

Deductions received by the Seller without advance notice will be denied. lf Buyer fails to make timely payment of any amount invoiced by the Seller, the Seller shall have the right, in addition to any and all other rights and remedies available to the Seller at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Buyer. Buyer shall pay all costs of collection including reasonable attorneys' fees. A service charge of the greater of one and one-half percent (l%%l per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due.

4. Partial Billing by the Seller
The Seller reserves the right to partially bill the Buyer for the portion of any line item or bundled price in an order if a material portion has been shipped, delivered or otherwise completed.

5. Shipping Terms and Policies
Delivery shall be made in accordance with the Seller's shipping policy in effect on the date of shipment.

Product title and risk of loss will transfer to Buyer upon the Seller tendering the Product for delivery to the carrier (F.O.B. Origin). lf Buyer requests special shipping or handling, including expedited shipment, third-party billing, or freight collect, Buyer shall be responsible for filing claims with the carrler and all freight and handling costs. Buyer shall pay for any special routing, packing, handling or insurance requested by Buyer and agreed to by the Seller. Orders shipped under special routing instructions must be separately agreed upon and may be subject to additional charges. The Seller will not be subject to requirements of non-compliance programs of Buyer, including charges for product delays, missing/inaccurate shipping documents, labeling or product markings.

Buyer shall promptly notify the Seller, no later than 30 days from invoice date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be www.routel.com
time to time, without notice, to change or revoke Euyer's credit limit on the basis of changes in the Seller's credit policies or Buyer's financial condition and/or payment record. 5 U
in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. The Seller shall not be liable for any shipment delays that affect the Seller or any of the Seller's suppliers, including but not limited to delays caused by unavailability or shortages of Products from the Seller's suppliers, natural disasters, acts of war or terrorism, acts or omissions of Buyer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.

5. On-Site Agreement Policy
Buyer has 24 hours from the date first agreed upon by both parties to cancel or reschedule without charge. Buyer agrees to pay the Seller a 52,500 cancellation fee if the service dates requested are cancelled for any reason other than the Seller issuing the cancellation or Force Majeure.

A "Force Majeure" is defined as fire, explosion, accident, drought, storm, hail, earthquake, embargo, epidemic, act of God which has resulted in, or could reasonably be expected to result in the cancellation of the Seller's field services representative travel request.

7. Back Orders
lf, for any reason, an item on Buyer's order is temporarily out of stock, the Seller will endeavor to back order that item for Buyer. ltems on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.

8. Return Policy-All sales Final
All sales are final, except where otherwise agreed upon by Buyer and the Seller. Should the Seller, in its sole discretion, allow Buyer to return an item, the following return policy applies for that return; a. ln order for the Seller to approve any product return, the product must not be opened or damaged, and in its original undamaged packaging. the Seller will not accept "open box" returns.
b. As the Seller sells specific project based manufactured and configured computers, accessories and electronic devices, unopened box returns also may be denied. The Seller cannot re-sell or return a computer that has been built to a Buyer's specifications. c. Any and all product returns must be approved by the Seller, in the Seller's sole discretion, and a Return Merchandise Authorization ("RMA") number must be issued. d. Approved returns must be made within 30 days of the delivery date. e. Approved returns will incu( a 25yo restocking fee.
f. Returns must be received within 15 days ofthe RMA number issuance. g. The Buyer is responsible for all insurance and shipping charges associated with the return. h. All returns must be sent via UPS, Federal Express, or any other professional courier that provides a tracking number and proof of delivery.
i. lf the returned product does not meet the requirements stated above, the product will be sent back to the customer "freight collect''.
.1. Once the Seller has approved a return, Buyer's refund will be issued within 7 days, and Buyer will receive an email confirmation that Buyer's return is completed. Please note that, depending 6 www.routel.com
U
on Buyer's financial institution, it may take an additional 2-10 business days for the credit to post to Buyer's account.

9. Errots
the Seller attempts to be as accurate as possible. However, the Seller does not warrant that all product descriptions, photographs, pricing, or other information provided is accurate, complete, current, or error-free. ln addition, all weights and size dimensions are approximate. lf a product offered by the Seller is not as described or pictured, Buyer's sole remedy is to return it in an undamaged, unused condition for a refund, subject to the return policy herein. ln the event of an error in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise Buyer's order accordingly, or to cancel the order and refund any amount charged. Buyer's sole remedy in the event of an error is, subject to the return policy herein, to cancel Buyer's order and obtain a refund.

10. Disclaimer of Warranty
SELLER PROVIDES NO WARRANTY TO ITS CUSTOMERS FOR ANY PRODUCTS sOLD. SELLER HEREBY

DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALIry,

NON-IN FRINGEM ENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA,

LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUiET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE

PRODUCT WILL MEET BUYER'S REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE

CORRECTED, OR THAT BUYER'S USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES

CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY PERIOD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER, ITS

AFFITIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,

LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LO55

OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO

MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR

ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDTESS OF THE THEORY OF LIABITITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT. EVEN IF PCS OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PCS, ITS

AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO BUYER FOR ALL DAMAGES EXCEED THE

PRICE BUYER PAID FOR THE PRODUCT, THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAT PURPOSE. www.routel.com
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SOME IURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO BUYER.

IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.

11. Manufacturer's Warranty
Warranties may be available directly from select manufacturers. Manufacturer information is subject to change without notice. Not all manufacturers for products which the Seller sells will offer manufacturers' warranties.

12. Confidentiality
The Seller and the Buyer agree to keep confidential all the terms of the Agreement, and any proprietary, trade secret of other information which the Seller or Buyer receives from the other in the performance of the Services under the Agreement, however, this shall not apply to information which is: (i) necessary to be disclosed to a third party in order to perform an Agreement; (ii) already known free of any restriction at the time it is obtained; (iii) subsequently learned from an independent third party free of restriction; (iv) is publicly available or (v) is required by law or court order to be disclosed.

13. lntellectual Property
The Seller grants to Buyer a limited, nonexclusive and nontransferable license to use the Seller's technology, equipment, software, information, copyrightable material, copyrights, trademarks, patents, data or other material (the "lntellectual Property") provided by the Seller in delivery ofthe Services.

Buyer may not copy or sublicense the Seller's lntellectual Property unless such rights are expressly granted in writing within the Agreement. The Seller owns or has a license or other right to use the lntellectual Property which is being distributed to the Buyer and the Seller reserves all rights to the lntellectual Property. Buyer hereby acknowledges that the Seller retains all right, title and interest in and to the copyrights, trademarks, patents and other intellectual property rights inherent or related in any way to the lntellectual Property provided. The Seller shall own all rights in any changes, enhancements, and modifications made by the Buyer to the Seller's lntellectual Property. Buyer agrees that neither it nor any of its employees or agents will contest or challenge the Seller's ownership or rights in its lntellectual Property, make or authorize any use of the Seller's lntellectual Property that is not consistent with the Agreement or these terms and conditions or modify or reproduce the content or substance of the lntellectual Property. See www.routel.com erms-of-use for notice of the Seller's intellectual property

14. Waiver of l-iability Relating to COVID-19
The installation of equipment, hardware or software by the Seller on the Buyer's site pursuant to the Agreement may require employees or contractors of the Seller to be present and in physical proximity to Buyer's employees, contractors, agents, customers, etc. Buyer understands that the Seller cannot prevent possible exposure to, contracting or spreading of COVID-19 by its employees or contractors. lt is not possible to prevent the presence of COVID-1g and therefore if Buyer utilizes the Seller's onsite r www.routeL.com
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installation services, Buyer understands that it may be exposing its employees and others onsite to increased risk of contracting or spreading COVID-19.

By engaging in onsite Services, Buyer acknowledges and accepts the risk to its employees and others onsite of exposure to, contracting and/or spreading of COVID-19. The Buyer indemnifies the Seller against any claims arising out of exposure to, contracting and/or spreading of COVID-19 by virtue of the Seller's provision of onsite Services. The Buyer hereby forever releases and waives the right to bring suit against the Seller and its owners, officers, directors, managers, officials, agents, employees or other representatives in connection with the exposure, infection, and/or spread of COVID-1g related to the provision of onsite Services.

15. Support Contract as Applicable
The Seller offers three levels of support plans for license plate recognition customers: Elementol, Comprehensive ond Select. The support plan's scope and specific terms are appended to the Seller's quote and or invoice.

A. Warranty Term for Onsite Workmanship
The Seller guarantees its workmanship post application. The warranty term is found in your quote. This warranty extends to hardware installations performed by the Seller personnel. The Seller does not warranty any third-party equipment or software. The Seller will pass along the warranty it receives from the original equipment manufacturer or owner of the software.

B. Server, Software, and Firmware Updates
As part of your support contract, the Seller may install critical software and firmware updates from manufacturers as required and when released. Critical updates will have priority, non-critical updates will be completed on an as needed basis and based on the terms of your support contract with the Seller.

C. Remote Support Rapid Response
The Seller provides remote support to all clients. Depending on the plan, your authorized contacts are guaranteed a specified response time during the contracted support hours. Support is not available on weekends and holidays for elemental and comprehensive support plan clients.

D. Number of calls
The number incidents per month that your authorized contact(s) can make to our support team is defined in your quote.

E. Annual Site Maintenance Visit
Defined in your quote.

F. RMA Processing and Tracking
Most original equipment manufacturers, including Genetec, require a certification in order to request an RMA. lf an original equipment manufacturer's repair is required and depending on your service contract, the Seller will work with the original equipment manufacturer to create an RMA. Any original equipment manufacturer's costs related to the RMA such as damage or out of warranty repairs are the Buyer's 9 www.routel.com
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responsibility. The Buyer requesting the RMA may also be responsible for shipping costs and processing fees, depending upon their service plan. Based on your service plan, the Seller will track your RMA to ensure its timely completion and the return of your equipment. Any costs associated with an on-site visit related to an RMA are not included in our support plans.

G. Camera Type
Most organizations charge extra depending on the type of camera(s) you deploy. We do not H. Authorized Contacts
The Seller is a security-first organization that serves clients such as the U.S. Department of Defense. We want to validate that we're only working with "authorized" personnel from your organization in order to protect our interests and yours. Because of this, you are required to name specific people who are authorized to work with us on your behalf.
l. Annual Configuration Time
Some support plans include a certain number of configuration hours. Configuration time allows our experts to make changes to your system throughout the year for you so you don't have to. This can also include creating reports. Configuration hours are not bankable so any unused hours expire at the end of each one-year term.

J. Price Per Additional Configuration Hour
All additional configuration hours must be purchased in blocks of four (4) hours at the rate associated with your plan. Your plan locks your costs in at a lower rate for the duration of your support agreement.

L. EmergencyResponsiveness
Emergency responsiveness is our guarantee of how quickly we will schedule someone to come onsite when needed. All days are business days and do not include weekends or holidays. Costs associated with emergency onsite visits such as travel, meals, lodging and the Seller personnel charges are not included in our support plans. Emergency onsite visits will be performed on a time and material basis and will require a purchase order prior to scheduling. However, you will always be entitled to have the visit scheduled within the maximum period prescribed by your support plan.

An "Emergency" is any incident or problem that severely impacts your operation and has gone through our remote support protocols and that has been determined by the Seller that it cannot be fixed outside of an onsite visit. The actual countdown to onsit€ service cannot begin until all equipment required for the response is in hand including RMAS and other equipment that is that is not manufactured by the Seller.

Our onsite visit is dependent on vendors and manufacturers' response time, availability of hardware, and the client's availability and ability to provide us with access to the location of the ALPR deployment at their site.
www.routel-.com
K. Client Support Hours
Our support team is staffed to meet your needs during the hours stated in your plan. 10 W
M. Hot-swap lnventory on Hand
For our clients on Select Plans, the Seller will maintain materials on hand for emergency replacement.

The Buyer is responsible for purchasing the hot-swap inventory. Additional installation fees may apply as required.

15. Privacy
Please refer to the Seller's Privacy Statement, available at www.routel.com/privacv-policv for information about how the Seller collects, uses, and discloses personal information from users of the site.

17. Dispute Resolution and Binding Arbitration

BUYER AND SELLER AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CTASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

OTHER RIGHTS THAT BUYER WOULD HAVE IF BUYER WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Buyer agrees to an arbitration on an individual basis. ln any dispute, NEITHER BUYER NOR SELLER SHALL

BE ENTITLED TO IOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR

OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. lf any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. lnformation on AAA or JAMS and their www.routel.com
Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims, between Buyer and either the Seller, its agents, employees, successors, assiSns, direct and indirect subsidiaries, or any third party providing any products or services to Buyer in connection with Buyer's purchase arising from or relating in any way to Buyer's purchase of products, these Terms of Sale, their interpretation, or the breach, termination, or validity thereof, the relationships which result from these Terms of Sale (including relationships with third parties who are not signatories to these Terms of Sale), the Seller's advertising, or any related purchase, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Notwithstanding the foregoing, Buyer may assert claims in a small claims court if Buyer's claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.

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applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.

18. Applicable Law and Jurisdiction
This Agreement will be governed by the substantive laws of the state of Arizona without giving effect to any choice of law rules. The United Nations Convention on Contracts for the lnternational Sale of Goods will not apply to this Agreement. Buyer is responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in Maricopa County, Arizona in any dispute arising out of or relating to this Agreement.

19. Export Controls
Certain the Seller products may be subject to export controls imposed by the United States of America, and may not be exported or re-exported: (a) into (or to a national or resident of) any country to which the United States of America has placed an embargo, including without limitation, Cuba, lran, lraq, Libya, North Korea, Syria, Sudan, or Venezuela; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders (collectively, the "Prohibited Countries"). By purchasing any the Seller product, Buyer represents and warrants that Buyer is not located in any Prohibited Country, that Buyer is not under the control of any Prohibited Country, or that Buyer is not a national or resident of any Prohibited Country.

20. Severability
lf any provision of these Terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
12 www.routel.com

AGENDA STAFF REPORT
DATE: December 10, 2018
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Miller, Chief of Police
SUBJECT: Amend PCS Mobile Professional Services Agreement for Parking Equipment, Technology, and Services to Increase Contract Price
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:
1) Adopt Resolution 6884 approving an amendment to the professional services and equipment purchase agreement with PCS Mobile to increase the contract price in an amount not to exceed $11,400;
2) Complete the purchase and implementation of the mobile License Plate Recognition (LPR) equipment, technology, and services to streamline enforcement and support new paid parking technology; and, 3) Authorizing the City Manager to execute the amendment on behalf of the City.

BACKGROUND AND ANALYSIS:

On February 12, 2018, the City Council voted and approved a resolution providing for the purchase and implementation of License Plate Reader equipment, services and technology from PCS Mobile in the amount of $198,523.50.

Based on several factors, including an unexpected upgrade of an existing City server as well as other technology and equipment needs, of the City and its parking program, there were some unanticipated expenses related to the deployment of the new technology. The additional funding amount needed to complete the PCS Mobile integration and implementation is $11,400.

ENVIRONMENTAL IMPACT:

The services provided by this agreement are exempt from the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Sections 15301, 15305, and/or 15331, because it provides services to replace existing services and will not cause any physical change or adverse impact on the environment; and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the services will have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has approved as to form.

FINANCIAL IMPACT:

Funds for this request are available in FY 2018-19 Budget - Project ST1207 Comprehensive Parking Management Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Joe Miller Jill R. Ingram
Joe Miller, Chief of Police Jill R. Ingram, City Manager Prepared by: Commander Steve Bowles
ATTACHMENTS:

A. Resolution 6884

Agenda Item F

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 Parkeon, Inc. for Parking
Enforcement Equipment, Technologies, and Services to the City
________________________________________________________________ SUMMARY OF REQUEST:

That City Council adopt Resolution 7448:

1. Approving Amendment No. 2 to the Professional Services Agreement dated February 12, 2018 (“Agreement”), as previously amended by Amendment No. 1 dated May 9, 2022, between the City of Seal Beach and Parkeon, Inc. for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the term of the Agreement to and including February 12, 2024, (ii) increase the compensation to be paid to Consultant by $10,920, for the revised total no-to-exceed amount of $110,035, for additional services for the extended term; and (iii) to provide that the additional $10,920 sum shall be used for Consultant to provide additional services to the City as set forth in Section 3.0 of Amendment No. 2 in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A-1, but in no event will the City pay more than $10,920 for additional services for the extended term; and,

2. Authorizing and directing the City Manager, or her designee, to execute Amendment No. 2 to the Agreement; and,

3. Authorizing the City Manager the option to renew the Agreement for up to three (3) additional one-year terms for the not-to-exceed amount of $10,920 for each extension, on the same terms and conditions, upon the City Manager providing written notice to Consultant at least 30 days prior to the expiration of the previous extension.

Page 2 ends

BACKGROUND AND ANALYSIS:

Parkeon, Inc. provides parking pay stations to support the paid parking program in the beach parking lots, originally installed in 2018. Earlier this year, the pay station technology was updated and expanded to the Main Street lots, replacing the single-space parking meters. The pay stations are designed to provide an easy and convenient payment option for visitors and residents to initiate a parking session including the addition of pay-by-text services, providing additional payment options for customers. The pay stations are integrated with the City’s parking enforcement system, providing a seamless and real-time connection for compliance monitoring.

Based upon the performance and collaborative relationship that has developed, City staff desires to continue the partnership with Parkeon for the processing of parking citations. Amendment No. 2 proposes to extend the term of the Agreement to and including February 12, 2024; and to authorize the City Manager the option to exercise up to three additional one-year extensions on the same terms and conditions on 30 days’ prior written notice to the Consultant.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved proposed Amendment No. 2 and resolution as to form.

FINANCIAL IMPACT:

This is a Police Department budgeted item. For the extension of the original term to and including February 12, 2024, Consultant’s total not-to-exceed compensation of $99,115, as set forth in Section 3.0, would be increased by $10,920, for the revised total no-to-exceed amount of $110,035. The additional $10,920 sum will be used for Consultant to provide additional services to the City as provided in Section 3.0 of Amendment No. 2. City will pay Consultant in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A-1 to the Agreement, but in no event will the City pay more than $10,920 for Additional Services for the extended term.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That City Council adopt Resolution 7448:

1. Approving Amendment No. 2 to the Professional Services Agreement dated February 12, 2018 (“Agreement”), as previously amended by Amendment No. 1 dated May 9, 2022, between the City of Seal Beach and Parkeon, Inc., for certain parking enforcement equipment, technologies, and services to the City, (i) to extend the term of the Agreement to and including February 12, 2024; (ii) to increase the compensation to be paid to Consultant by $10,920, for the revised total not-to-exceed amount of $110,035, for additional services for the extended term; and (iii) to provide that the additional $10,920 sum shall be used for Consultant to provide additional services to the City as set forth in Section 3.0 of Amendment No. 2 in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A-1, but in no event will the City pay more than $10,920 for additional services for the extended term; and,

2. Authorizing and directing the City Manager, or her designee, to execute Amendment No. 2 to the Agreement; and,

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 7448
B. Amendment No. 2 to Professional Services Agreement with Parkeon, Inc.

C. Professional Services Agreement with Parkeon, Inc. Amendment No. 1, May 23, 2022
D. Professional Services Agreement with Parkeon, Inc., February 12, 2018 RESOLUTION 7448

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT DATED FEBRUARY 12, 2018, WITH
PARKEON, INC., AS PREVIOUSLY AMENDED BY
AMENDMENT NO. 1 DATED MAY 9, 2022, FOR CERTAIN

PARKING ENFORCEMENT EQUIPMENT, TECHNOLOGIES,

AND SERVICES TO THE CITY OF SEAL BEACH, IN ORDER TO
EXTEND ITS TERM THROUGH FEBRUARY 12, 2024; TO

INCREASE COMPENSATION FOR ADDITIONAL SERVICES
FOR THE EXTENDED TERM; AND TO PROVIDE FOR UP TO

THREE ADDITIONAL ONE-YEAR EXTENSIONS ON THE SAME
TERMS AND CONDITIONS.

WHEREAS, the City previously entered into a Professional Services Agreement with Parkeon, Inc. (“Parkeon”) for the provision of certain parking enforcement equipment, technologies, and services for the Seal Beach Police Department; and,
WHEREAS, Parkeon has provided exceptional services related to parking technology; and,
WHEREAS, the City performed a detail review of other providers and Parkeon, 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
Parkeon, Inc., as previously amended by Amendment No. 1 dated May 9, 2022, for certain parking enforcement equipment, technologies, and services to the City, to (i) extend the term of the Agreement to and including February 12, 2024; (ii) to increase the compensation to be paid to Consultant by $10,920, for the revised total no-to-exceed amount of $110,035, for additional services for the extended term; and (iii) to provide that the additional $10,920 sum shall be used for Consultant to provide additional services to the City as set forth in Section 3.0 of Amendment No. 2 in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A-1, but in no event will the City pay more than $10,920 for such additional services for the extended term.

Section 2. The City Council hereby authorizes and directs the City Manager, or her designee, to execute Amendment No. 2 to the Agreement.

Section 3. The City Council hereby authorizes the City Manager the option to renew the Agreement for up to three (3) additional one-year terms for the not-to-exceed compensation of $10,920 for each one-year extension, on the same terms and conditions, upon the City Manager providing written notice to Consultant at least thirty (30) days prior to the expiration of the previous extension.

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 7448 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

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
19 Parkeon, Inc.
40 Twosome Drive, Suite 7
Moorestown, NJ 08057
856.234.8000
This Amendment No. 1, dated May 9, 2022, amends that certain Professional Service Agreement (" the Agreement') dated February 12, 2018 by and between Parkeon, Inc.

Consultant"), a Neva -- Jersey NQLuuja--
Corporation and the City of Seal Beach (" City"), a California charter city, ( collectively, the Parties").

RECITALS
A. The City and Consultant are parties to the Agreement, pursuant to which Consultant provides certain parking equipment, technologies and professional services to the City.

B. The Parties desire to amend the Agreement for Consultant to provide City with certain additional equipment, technologies, and services ( collectively Additional Services") and to increase Consultant' s compensation for such Additional Services by $ 53,800, for a revised total contract not -to -exceed amount of $99, 115, 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:

AMENDMENT NO. ' I
Section 1. Section 1. 0 ( Scope of Services) of the Agreement is hereby amended to add Subsection 1. 1. 1 to read as follows:
is 1. 1. 1 Consultant shall provide that additional equipment, technology and services ( collectively "Additional Services") set forth in the attached Exhibit A- 1 ( Consultant' s Proposal, dated May 6th, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A- 1, the Agreement and Amendment No. 1, Amendment No. 1 shall control."
Section 2. Section 3. 0 ( Consultant' s Compensation) is hereby amended to add the following:

Consultant' s total not -to -exceed compensation of $45, 315, as set forth in Section 3. 0, is hereby increased by $ 53,800, for the revised total not -to - exceed amount of $99, 115. The additional $ 53, 800 sum will be used for Consultant to provide the following Additional Services to the City, as provided in Exhibit A- 1:
a) Up to four ( 4) Flowbird Touch Screen Pay -by -plate pay stations at the parking lots designated by the City ( including removal of existing single parking pay meters and replacement with the pay stations).
b) Up to six ( 6) Color Touchscreen Pay -by -plate door upgrade kits at the parking lots designated by the City.

City will pay Consultant in accordance with the rates shown on the fee schedules set forth in Exhibit A and Exhibit A- 1, but in no event will the City pay more than $ 53, 800 for the Additional Services ( Exhibit A- 1); and 2of4
S7295- 000112658951v2. doc
in no event will City pay more than the revised total not -to -exceed sum 99, 115 for the Services ( Exhibit A) and Additional Services ( Exhibit A- 1) for the Original Term.

Except as otherwise expressly set forth herein, Section 3.0 ( Consultant' s Compensation) is hereby retained and shall remain in full force and effect.

Section 3. Section 34.0 ( Non -Appropriation of Funds) is hereby added to the Agreement to read as follows:

24.0 Non -Appropriation of Funds.

Payments to be made to Consultant by City for any Services and Additional Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services and Additional Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services and Additional Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year."
Section 4. All references to the term "Agreement" throughout Sections 1. 0 through 24. 0, inclusive, of the Agreement are hereby modified to include the Agreement dated February 12, 2018, and this Amendment No. 1 dated May 9, 2022, as if all those terms are fully set forth therein.

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

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

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives, have executed this Amendment No. 1 as of the date and year first above written.
3 of 4
S7296- 000112658951v2, doc

CITY OF SEAL BEACH
By:

Jill Ingram
City Manager
Attest:
0 CONSULTANT ' PARKEON, INC.
dbertnerly—known—as
Psr-lEeen—Ips='--
By: B. Reliouet - President
Appro/vedas
Fk--
By: %
Craig Steele
City Attorney
4of4
S7296- 000112658951v2. doc
A` ORd3® CERTIFICATE OF LIABILITY INSURANCE DAT01110712022WY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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
Aon Risk Services Northeast, Inc.

New York NY Office
One Liberty Plaza
165 Broadway, suite 3201
New York NY 10006 USA

CONTACT NAME'
LAIC No. Ezt): ( 866) 253- 7122 FAX ( 800) 363- 0705 ATC. No, ADDRESS: EMAIL
LIMITS
INSURER(S) AFFORDING COVERAGE NAIC #

INSURED
Parkeon, Inc.
40 Twosome or. unit 7
INSURER A: Argonaut Insurance Co 19801
INSURERS: The Travelers indemnity cc of cT 25682
INSURER C: Moorestown N7 08057 USA ACE American Insurance Company 22667 EACH OCCURRENCE $ 1, 000, 000
INSURER D: ACE Property & Casualty Insurance CO. 20699

CLAM - MADE I OCCUR
INSURER E:

INSURER F:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

LTR TYPE OF INSURANCEINSOLICY
p WWp POLICY NUMBER MMlDDlYYY
EXP

MMIDD/ YYY LIMITS
X COMMERCIAL GENERALLIABILITY OGLG EACH OCCURRENCE $ 1, 000, 000

CLAM - MADE I OCCUR DAMAGE TORE IFU
PREMISES Eacccurrence $ 1, 000, 000
MED EXP ( Any one parson) $ 10, 000
PERSONAL$ ADV INJURY $ 1, 000, 000
GEMLAGGREGATELIMITAPPLIESPER:

X POLICY PROJECT El LOO
GENERALAGGREGATE $ 1, 000, 000
PRODUCTS - COMPIOPAGG $ 1, 000, 000
OTHER:

B
AUTOMOBILE LIABILITY BA -9R919847 -21- 15- G 11/ 17/ 202111/ 17/ 2022 COMBINED SINGLE LIMIT Ea accident $ 1, 000, 000
X ANYAUTO BODILY INJURY ( Per person)

OWNED SCHEDULED

AUTOS ONLYHXAUTOS

HIREDAUTOSNOWOWNED

ONLY AUTOS ONLY
BODILY INJURY ( Per accident)

PROPERTYDAMAGE
Per accident)
X Comp Dad. $ 1000 Call Dad $ 1000
D
X UMBRELLALIAB X OCCUR XOOG24997194 01/ 01/ 2022 01/ 01/ 2023 EACH OCCURRENCE $ 10, 000, 000 EXCESS LIAR CLAIMS - MADE AGGREGATE $ 10, 000, 000
DED X RETENTIONS10, 000

B WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
y ANY PROPRIETOR PARTNERI EXECUTIVE 1- N
OFFICERMSEREXCLUDED? IME
Mandatory InNH)
DE9GIRIPTON OF
N f A
UB1L6S01102115G 11/ 17/ 2021 11 17 022 X PERSTATUTE ER - E. L. EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE -EA EMPLOYEE $ 1, 000, 000
OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000 A EPL - Primary
I
IML42448141
Claims Made
SIR applies per policy ter
03/ 20/ 202F03/ 20/ 2022
s & cond
Aggregate 4, 000, 000
SIR $ 35, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Evidence of Insurance.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

Parkeon, Inc.
40 Twosome Dr., unit 7

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE OAT
01107/2022
THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(tes) 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 endorsements).

PRODUCER
Aon Risk services Northeast, Inc.

New York NY office
one Liberty Plaza
165 Broadway, suite 3201
New York NY 10006 USA

CONTACT
NAME:

PHONE ( 866) 283- 7122 ( FAX (
AIC. No. Exl}: 800) 363- 0105 A/ C. Nc
E- ADDRESS: MAIL
LIMITS
B
INSURER( S) AFFORDING COVERAGE MAIC#

INSURED
Parkeon, Inc.
40 Twosome Dr, Unit 7
INSURERA: The Travelers Indemnity co of cT 25682
INSURER B: AGE American Insurance Company 22667
Moorestown N3 08057 USA INSURERC: ACE Property & casualty Insurance Co. 20699 EACHOCCURRENCE $ 1, 000, 000
INSURER D.-

INSURER
MED EXP ( Any one person) S10" 000
INSURERE:

PERSONAL& ADVINJURY $ 1, 000, 000
INSURER F.

COVERAGES CERTIFICATE NUMBER: 570091226215 REVIRION NI1MRtFR_ 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

INSR LTR TYPEOFINSUAANCE AIMLD VIVD POLICY FOUOY EFF
MtODIVY

POLICY EXP

MMA) DIYY LIMITS
B

X COMMERCIAL GENERAL LIABILITY
CLAWIS• MADE X OCCUR
OGLG EACHOCCURRENCE $ 1, 000, 000
REMISES E10
seccu.. $
1, 000, 000
MED EXP ( Any one person) S10" 000
PERSONAL& ADVINJURY $ 1, 000, 000
GENLAGGREGATELIMIT APPLIES PER:

X POLICY PROJECT LOC
OTHER:

GENERALAGGREGATE $ 1, 000, 000
PRODUCTS - COMPIOPAGG $ 1, 000, 000
Deductible $ 10, 000
A

AUTOMOBILE LIABILITY

X ANYAUTO

OWNED SCHEDULED
DAUTOS NON- 0WNEO

ONLY AUTOS ONLY
BA - 9R919 8 4 7 - 21 -I5 - G 13./ 17/ 202111/ 17/ 2022 COMBINED SINGLE LIMiT We aecidenl$ 1, 000, 000
BODILY INJURY( Perperson)
BODILY INJURY( Peraccldarl)

PROPERTY DAMAGE
Pat acctdant
C

X UMBRELLALIAB

EXCESSUAS

X I OCCUR

CLAIMS - MADE
XOGG24997194 01 / 01/ 2022 01/ 01/ 2023 EACH OCCURRENCE $ 10, 000, 000 AGGREGATE 51010001000
DED I X IFIETENTioN S10. 000

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY YIN

ANY PROPRIETOR/ PARTNERI EXECUTIVE
OFFICEPiMEMBEREXCLUDED?
Mandatory in NH)
If Yes, desenbe under
DESCRIPTION OF OPERA71ONS below
NIA
PER STATUTEOTH. I E
E. L. EACH ACCIDENT
E.L DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMiT
DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES ( ACORD 101, Addillonal Remarks Schedule, may be attached If more space Is required) city, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary & Non - Contributory to other insurance available to city its directors, officials, officers, employees, agents and volunteers, but only in accordance with the policy' s provisions.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICYPROVISIONS.
city of seal Beach
Attn• city Manager 8th street
Seal Sea Beach CA 90U5A 740

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD

STATE OF NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE

FOR STATE AGENCY AND CASINO SERVICE CONTRACTORS
TAXPAYER IDENTIFICATION:
010- 7784741000
ADDRESS:
40 - rWOSO E b
MOORES
V

EFFECTIVE D

0. 4128103
FORM- BRC( 08- 01)
i%' "; M . AbE. NAME:

Ji ENCE NUMBER: q
1, ON 6588
ISSUANCE DATE:
06109104
f
Acti Director
This Certificate is NOT assignable ortransferabl Itmust bec( IT; F TREASURY/ a, Ic ;
displayed at above address.

Certificate of Ztutboritp K DIVISION OF.jl
TRENT;
Thehipa or corporation named below is hereby authorized to collect:

JERSEY SALES USE TAX
v6_1
purrsuant. Io`.'K_;f'J. S. A.' 84: 42B- 1 ET SEQ.

This authorization is good ONLY for the named person at the IOC2ti This authorization is null and void if any change of ownership or addros`tected.

IF
Director, Division of Taxation
PARKEON, INdRa- 1-.V5. ion No..; 10 10
40 TWOSOM' T4r) Tax Effective Date: 07- 01- 04
q.l 'A
M0.0RESTOWN111
Document Locator No.: CDD O0068223
Date Issued: 07- 30- 04
This Certificate is' NOT assignable or transferable. - It-must be conspicuously displayed at above address.

STATE OF NEW JERSEY

BUSINESS REGISTRATION CERTIFICATE

FOR STATE AGENCY AND CASINO SERVICE CONTRACTORS
TAXPAYER IDENTIFICATION:
010- 7784741000
ADDRESS:
40 - rWOSO E b
MOORES
V

EFFECTIVE D

0. 4128103
FORM- BRC( 08- 01)
i%' "; M . AbE. NAME:

Ji ENCE NUMBER: q
1, ON 6588
ISSUANCE DATE:
06109104
f
Acti Director
This Certificate is NOT assignable ortransferabl Itmust bec( IT; F TREASURY/ a, Ic ;
displayed at above address.

PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Parkeon lni.
40 Twosome Drive, Suite 7
Moorestown, NJ 08057
856.234.8000
This Professional Service Agreement ("the Agreement") is made as of February 12, 2018 (the "Effective Date"), by and between Parkeon lnc. ("Consultant"), a corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 0 S7296-0@1\21 53208v1.doc
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.

3.0 Consultant'sGompensation
city will pay consultant in accordance with the rates shown on the fee schedule sei forth bllow but in no event will the City pay more than $45,315 This is exclusive of the ongoing, monthly fees. Any additional work authorized by the 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

1.1. C6nsultant shall provide those services ("Services") set forth in the attached Exhibit A, Parkeon's proposal to the lnvitation to Bid - City of Seal Beach, 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.

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

2.0 Term
S7296-0001\21 53208v1.doc
2 oI 11
A.

REClTALS
City desires certain professional services.

1.0 Scope of Services

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

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

City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A .
.The City agrees to pay Consultant the following per desired Pay Stations features and Models:
. 3% of the transaction value + 15 cents per transaclion for consultant holding the merchant account of record as described in 4.1 below. . $5895: Strada Rapide, accepting coins, cards, Ml000 with contactless payment
. $6975: StradaPAL Rapide: accepting coins, card, M100 with contactless . $1700 added to base price of $5895 for BNA
. $528 added to base price of $5895 for contactless
. $5405 base price for cashless model
Note PAL = 7" full color screen adds $1,080 to BNA and cashless Risk of loss of any goods hereunder shall not pass to the Client until the Client actually accepts and takes possession of the goods at the point or points of delivery. Title shall pass upon payment in full for goods.

4.0 Method of Payment

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

4.2. ln case Parkeon is Merchant of Record, Parkeon will send the City a check for collected revenues by the 15h day of the following month. The amount will be calculated based on the revenue as reported in the my Parkfolio back office net of 3% transaction costs and the agreed fee of 15 cents per transaclion.

4.3. Upon 48-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at consultant's.oflices during reasonable bisiness hours all records, invoices, time cards, cost control sheets and other 3of11
5729S0001U1 53208v1.doc
Prices set forth in the Pricing Schedule exhibit A and in this agreement are exclusive of sales, use and other taxes. lf client claims exemption from Federal Excise, State and Local Taxes, it must provide tax exemption certificates to the Contraclor.
records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.3 shall survive for two years following the termination of this Agreement.
5,0 Termination

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

6.0 PartyRepresentatives

6.2. Lauri Keller is the Consultant's primary representative for purposes of this Agreement.

7.0 Notices

To City City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Parkeon
40 Twosome Drive Suite 7
Moorestown NJ 08057
Attn: Ron Kroes
Chief Financial Officer
7 .2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
4 of 11

5.2. This Agreement may be terminated by City upon 30 days'notice lo Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.1. The City Manager is the City's representative for purposes of this Agreement.
5729S000 1\21 53208v 1 .doc

8.0 lndependentContractor

8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent conlractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under lhis Section.

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

10.0 Assignment

8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuanl to this Agreemenl shall be performed by Consultant or under its supervision. Consultant will determine the means, melhods, 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. Consullant 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 lo: social security taxes, income tax wilhholding, unemployment insurance, disability insurance, and workers' compensation insurance.

Consultant 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.

11.0 lnsurance
to bind coverage on its behalf, and shall be on forms provided by lhe City if requested. All certificates and endorsements shall be received and approved by lhe City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1'1.3. The rnsurance policies shall contain the following provisions, or Consullant 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 certifled 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 Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunleers 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, otficers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consullant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, ofiicials, 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 Consultant or for which the Consultant is responsible.

S7296-0001\21 53208v1.doc
6 of 11

11.2. 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. lnsurance is to be placed with insurers with a cunent A.M.

Besl'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 Oflice Business Auto Coverage form number CA 000'1, 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 AgreemenVlocation 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.

11.4. All insurance required by this Section shall contain slandard 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 deduclibles or seltinsured 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 investigation costs, claims and administrative and defense expenses.

12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant 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 "lndemnltees") 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 Consultant, its employees, or ils 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 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 lndemnitees, Consultant shall defend lndemnitees, at Consultanl's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against lndemnitees. Consultant 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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

With the exception of third party claims, neither party shall be liable to the other party for consequenlial (which shall be deemed to include but not be limited to lost parking revenue), incidental, exemplary or special damages of any nature and under any legal theory. Contractor's total liability to Client in connection with or as arising under this Agreement shall be limited to 25% of the total price set forth in the Pricing Schedule. This paragraph shall survive termination of this Agreemenl.

S 7296-0001 \21 5 3208v 1 .doc
7 of 11
'13.0 EqualOpportunity
Consultant affirmatively represents that it is an equal opportunity employer.

Consultant shall not discriminate against any sLrbcontractor, 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 inilial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

14.0 LaborCertification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured againsl 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 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 wriling signed by both parties.

16.0 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.

17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia.

18.0 No Third Party Rights
No third party shali be deemed to have any rights hereunder against either party as a result of this Agreement.

19.0 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.

S7296-0001\21 53208v'l.doc
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20,0 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 conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of thrs Agreement, no person having any such interest shall be employed by it. Furlhermore, Consullant 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 with 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 employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gifl.

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

22.0 Exhibits
57296-0001\2153208v1.doc
9of II

21.0 Attorneys'Fees
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 this Agreement, the terms of lhis Agreement shall control.

The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
lN 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 CONSULT T
2- l Zo/?"rQ
. lngram, City
Na Ron Kroes
Chief Financial Otficer
By: '
Robin L. Roberts, Cit v 2 ?." i 2-t8
Na \.

Approved as to Form:

A. Steele, City Attorney
Its: ?.r,:,,ir^^,1
S7296-000 1 \21 53208Y1.doc

23.0 CorporateAuthority
By: By:

Attest:

By:
10 of '1't
Agenda Item G

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: Approving Amendment No. 1 to the Professional Services Agreement with Data Ticket, Inc. for Parking Enforcement Equipment, Technologies, and Services to the City
________________________________________________________________ SUMMARY OF REQUEST:

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 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.

BACKGROUND AND ANALYSIS:

Data Ticket provides citation and permit management services to the City in compliance with the California Vehicle Code. Both systems are fully integrated with the City’s parking technology providers including Automatic License Plate Reader (ALPR), pay stations and mobile payment which provides the unified capability to monitor and manage parking sessions. Comprehensive services include the citation issuance software and hardware utilized by both parking enforcement and animal control services and citation processing services which include noticing, adjudication processing, and the collection of fines. Data Ticket also supports the integrated parking permit management which provides the web-based customer service portal along with fulfillment and customer support services. The original

Page 2 ends

Seal Beach City CouncilSeptember 25, 2023

Seal Beach City Council
September 25, 2023