Agenda packet — Seal Beach City Council, March 25, 2024 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, March 25, 2024 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

SCHELLY SUSTARSIC
MAYOR
Fourth District

LISA LANDAU
MAYOR PRO TEM
Third District

JOE KALMICK
COUNCIL MEMBER
First District

THOMAS MOORE
COUNCIL MEMBER
Second 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 TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 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.

CITY COUNCIL NORMS:

Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.

CIVILITY PRINCIPLES:

Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

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.

Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.

Council Comment by Council Member Steele

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
• San Gabriel River Trash Mitigation Initiative Grant Funds Presentation – Orange County Board of Supervisor Andrew Do, First District • National Tsunami Preparedness Week Proclamation
– March 24 – 29, 2024
• City of Seal Beach Dump Day Debrief Presentation
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 March 11, 2024, City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024.

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

C. Monthly Investment Report (February 29, 2024) - Receive and file.

D. Council Appointment to the Recreation and Parks Commission – District Four - It is at the request of Mayor Sustarsic that the City Council appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four.

E. 2023 Annual General Plan Progress Report - That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), as required by State law.

F. Approval of a Sale Contract for 4197 Ironwood Avenue - That the City Council adopt Resolution 7490: 1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and, 2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and, 3. Authorizing the City Manager to take any necessary action to execute the sale of the property.

G. Accepting Grant Funds and Authorizing Execution of Agreement with the County of Orange for the San Gabriel River Trash Mitigation Initiative and Approving Budget Amendment BA #24-09-01 - That the City Council adopt Resolution 7499: 1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and, 2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280; and, 3. Authorizing the City Manager or her designee to execute the Agreement with the County of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts.

H. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial Planning Services - That the City Council adopt Resolution 7500: 1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and Wastewater Financial Planning Services; increase compensation for such additional services by $48,352 for a revised total contract not-to-exceed amount of $135,767; and extend the term to December 31, 2024; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

I. Awarding and Authorizing a Professional Services Agreement with Silsby Strategic Advisors, Inc. for the San Gabriel River Trash Mitigation Initiative - That the City Council adopt Resolution 7501: 1. Approving and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to-exceed amount of $144,000 to provide strategic support services for the San Gabriel River Trash Mitigation Initiative; and,

2. Authorizing and directing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative.

J. Ratifying the Declaration of Emergency, Approval of Emergency First Street Parking Lot Repair and Dispensing with Public Bidding Requirements, Approval of Emergency First Street Parking Lot Geotechnical Evaluation, Approval of Notice of Completion, and Authorization to Approve Payments for the Emergency First Street Parking Lot Repair and Geotechnical Evaluation - That the City Council adopt Resolution 7502: 1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property; and, 2. Authorizing the City Manager to execute a purchase order with Hardy & Harper, Inc. for the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and,

3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy and Harper, Inc. in the amount of $49,535; and, 4.

Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project; and, 5.

Authorizing the City Manager to execute a purchase order with GMU Geotechnical, Inc. for the Emergency First Street Parking Lot Geotechnical Evaluation in connection the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $15,600; and, 6. Approving Budget Amendment BA #24-09-02 in the amount of $66,000.

K. Acceptance of Tree Donation from Trees for Seal Beach - That the City Council adopt Resolution 7503: 1. Accepting a donation from Trees for Seal Beach of thirty-three (33) trees, valued at $12,425, for City-wide tree reforestation; and, 2. Authorizing the City Manager, or her designee, to accept thirty-three (33) trees from Trees for Seal Beach, and to direct the City Arborist to install the trees at appropriate locations throughout the City.

L. Awarding and Authorizing Execution of a Public Works Agreement with HZS Engineering Inc. dba HZS Construction, for the Pier Concrete Abutment Restoration, CIP BP2201 - That the City Council adopt Resolution 7504: 1. Approving the plans, specifications, and contract documents for the Pier Concrete Abutment Restoration, CIP BP2201; and, 2. Approving and awarding a Public Works Agreement to HZS Engineering Inc. dba HZS Construction in the amount of $567,300; incorporating the corrections set forth in HZS Construction’s March 19, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a Public Works Agreement for construction services to HZS Engineering Inc. dba HZS Construction; and, 4. Authorizing the City Manager to approve additional work requests up to $19,766 and inspection services up to $11,200 in connection with the Project, in the cumulative not-to-exceed amount of $30,966.

M. Seeking City Council approval to Purchase Noise Flash Diversionary Devices Pursuant to the City’s “Military Equipment” Use Policy and State Law - That the City Council adopt Resolution 7505 to approve the purchase of Noise Flash Diversionary Devices (NFDD) for the Seal Beach Police Department (“SBPD”), pursuant to the City’s “military equipment” use policy.

N. Accepting an Award of Hazard Mitigation Grant Program funds and Authorizing for the Purchase of Equipment or Services or for Reimbursement of Funds for the City of Seal Beach Hazard Mitigation Plan Update - That the City Council adopt Resolution 7506: 1. Accepting an award of federal grant funds from the Hazard Mitigation Grant Program (“HMGP”) in an amount up to $120,541.50 from the Department of Homeland Security - Federal Emergency Management Agency (“FEMA”) as the Federal obligation for 75% of the project cost ($160,722.00) and authorizing use of “inkind” staff time to match the 25% cost share of $40,180.50; and, 2.

Authorizing the City Manager and/or Chief of Police to execute all agreements and forms and to take any further actions necessary for the purpose of obtaining the grant funds under the HMGP provided by the FEMA and subgranted through the California Office of Emergency Services (“Cal OES”).

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

ADJOURNMENT
Adjourn the City Council to Monday, April 8, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary.

[email protected]
Our best event yet!
▪ 140 drop-offs
→ 56% increase from 2023 event!
▪ 6 bins filled – thank you, Republic
Services for bringing the extra 2 bins!
▪ 9.4 tons of trash went to landfill (18,800
pounds)!
▪ 30% of drop-offs yielded something for
Goodwill!
[email protected]
[email protected]
[email protected]
Which Council Member had the
most drop-offs?
[email protected]
Congrats, Mayor Sustarsic!
Thanks for a great event!
[email protected]

Agenda Item A

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the March 11, 2024 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on March 11, 2024.

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SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Regular Session, March 11, 2024

Seal Beach, California
March 11, 2024
The City Council met in Regular Session at 7:00 p.m. in the City Council Chamber.

Council Member Kalmick led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Alexa Smittle, Director of Community Development
Alayna Hoang, Finance Manager
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Nolan McGaughy, Orange County Fire Authority Administrative Fire Captain, Division 1
Michael Ezroj, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Tom Raber, Mary Holland, and Patty Campbell. Mayor Sustarsic closed oral communications.

City Clerk Harper announced that one (1) supplemental communication was received after the posting of the agenda and was distributed to the City Council and made available to the public.

PRESENTATIONS / RECOGNITIONS
• Registered Dietitian Nutritionist Day Proclamation

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Moore moved, second by Mayor Pro Tem Landau, to approve the agenda.

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

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

CITY MANAGER REPORT
City Manager Ingram reported that at City Council direction, a Special Meeting regarding the Potential Water and Wastewater (Sewer) Rate Adjustments will be held on Wednesday, March 20, 2024 at 4:00 p.m. in the City Council Chambers. She also announced that there will be a Town Hall meeting on Thursday, March 21, 2024 at 6:00 p.m., at the North Seal Beach Community Center for College Park East residents to gather input regarding the flooding problem and provide updates on ongoing solutions.

COUNCIL COMMENTS
Council Member Kalmick reported that he attended the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department, a Southern California Association of Governments (SCAG) meeting, and a Los Cerritos Wetland Authority (LWCA) meeting.

Council Member Moore reported that he met with members of the Seal Beach Chamber of Commerce and indicated that he is looking forward to future events. He announced that the Classic Car Show will take place on April 27, 2024. He also indicated that he is glad to see a push for businesses to have defibrillators installed and thanked the Marine Safety department for attending the meeting. Additionally, Council Member Moore indicated that he attended a meeting in Long Beach regarding the restructure and resurfacing of Studebaker Road, from 2nd Street to Carson Street, and that he will continue to work with Long Beach officials and staff, as there is interest in the project, since Studebaker Road backs up to College Park West. Lastly, he reported his attendance at the Seal Beach Dump Day event.

Mayor Pro Tem Landau commented that she was happy to see the return of Seal Beach Lions Club’s Easter Egg Hunt and indicated that it was a sign that the COVID-19 pandemic is over.

Council Member Steele reported his attendance at the Golden Rain Foundation Board meeting, the Orange County Mosquito and Vector Control’s Budget and Finance Committee meeting, and the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department. He also announced his attendance at the American Mosquito Control Association conference in Dallas, Texas.

Mayor Sustarsic reported her attendance at the Seal Beach Chamber of Commerce meeting, an Orange County Sanitation Board (OCSan) meeting, an OCSan Operations Committee meeting, the Firestorm Table Top Exercise at the Emergency Operation Center at the Seal Beach Police Department, the Seal Beach Dump Day event, and a Regional Military Affairs Committee meeting, where guest speaker, Ian Walters, spoke in depth about the Mediterranean Fruit Fly Preventative Release Program (Medfly PRP).

COUNCIL ITEMS - None

CONSENT CALENDAR
A. Approval of the February 26, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on February 26, 2024.

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

C. Seeking City Council Approval for the Seal Beach Police Department to Purchase .308 (168GR) Ammunition for SWAT Sniper Rifles, Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7496 to approve the purchase of the .308 (168GR) ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy and state law.

D. Approving the FY 2024-25 West Orange County Water Board Budget and Sixth Amendment to the West Orange County Water Board Joint Powers Agreement - That the City Council adopt Resolution 7497: 1. Approving the FY 2024-25 West Orange County Water Board budget of $1,665,300, of which the City’s proportionate agency contribution is $266,986; and, 2. Approving the Sixth Amendment to the West Orange County Water Board Joint Powers Agreement; and, 3. Authorizing and directing the Mayor to execute the Amendment on behalf of the City.

E. Awarding and Authorizing Execution of a Public Works Agreement with R Dependable Const Inc., for the Pier Restroom Renovation Project, CIP BP2202 - That the City Council adopt Resolution 7498: 1. Approving the plans, specifications, and contract documents for the Pier Restroom Restoration, CIP BP2202; and, 2.

Approving and awarding a Public Works Agreement to R Dependable Const Inc. (“R Dependable”) in the amount of $264,100, including the Total Base Bid of $219,585, and Additive Bid Items AB.1, AB.2, AB.3, AB.4, and AB.5 of $44,515, incorporating all of the corrections set forth in R Dependable Const Inc.’s February 20, 2024 letter; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3.

Authorizing the City Manager to execute a Public Works Agreement for construction services to R Dependable Const Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $26,400 and inspection services up to $6,000.

Mayor Pro Tem Landau moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar.

The vote below is for the Consent Calendar Items.

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

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

PUBLIC HEARING
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 Sustarsic adjourned the City Council meeting at 7:34 p.m. to Monday, March 25, 2024, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Council Appointment to the Recreation and Parks Commission – District Four
________________________________________________________________ SUMMARY OF REQUEST:

It is at the request of Mayor Sustarsic that the City Council appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four.

BACKGROUND AND ANALYSIS:

Pursuant to Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and appointment to the board, commission, or committee shall not be made by the legislative body for at least ten (10) working days after the posting of the notice.

The notice of resignation for Ann Saks from the Recreation and Parks Commission was received February 29, 2024; and the required Notice of Vacancy was posted February 29, 2024.

The term for the new appointee will expire in December 2024.

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.

Page 2 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is at the request of Mayor Sustarsic that the City Council Appoint William Holliday De Witt II to the Recreation and Parks Commission, as a representative for District Four.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Redacted Application – William Holliday De Witt II

Agenda Item E

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: 2023 Annual General Plan Progress Report
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the 2023 Annual General Plan Progress Report (APR) and authorize staff to submit the APR to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR), as required by State law.

BACKGROUND AND ANALYSIS:

The General Plan is a State-mandated document, which serves as the blueprint for the City of Seal Beach’s development into the future, and is comprised of a series of Elements covering different topics. While State law requires an annual report on the City’s progress implementing its General Plan, the primary purpose of the APR is to demonstrate progress on the Housing Element. The Housing Element defines the City’s strategy to (a) plan for existing and projected housing demand, (b) identify adequate sites to accommodate the City’s allocated share of regional housing needs, and (c) analyze local policies, regulations and requirements that have the potential to constrain development of housing for all income levels.

While the APR provides a short summary of the City’s efforts in 2023 to implement the entire General Plan, the final submittal to HCD and OPR will include a completed spreadsheet template to capture housing activity as follows:
• Table A and A2: Development Applications (Plan Checks) Submitted and Annual Building Activity Report for New Housing Units
• Table B: Regional Housing Needs Allocation Progress
• Table D: Housing Element Program Implementation Status Seal Beach’s Regional Housing Needs Allocation (RHNA), or the number of housing units the City must prepare for during a Housing Element cycle is 1,243 units for 2021-2029. As shown, from January 1, 2023, to December 31, 2023, two net new units were constructed, both of which were accessory dwelling units. The

Page 2 ends

limited net new development is not unusual for Seal Beach, as documented in past annual reports. However, the lack of historical production does mean the City is subject to Government Code Section 65913.4, which institutes a streamlined approval process for certain types of housing developments. Under the statutory definition of a streamlined review, the City is limited in design review, parking requirements, and timelines. Additionally, new State laws adopted in 2023 built upon the prior legislative sessions, reducing the standards that can be applied to housing production including zoning designations and parking requirements.

ENVIRONMENTAL IMPACT:

In accordance with the California Environmental Quality Act (CEQA), this action is not considered a project as defined in Section 15378 of the CEQA Guidelines and therefore is exempt from CEQA.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

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

A. General Plan Annual Progress Report
B. HCD Housing Element Form
City of Seal Beach
Calendar Year 2023 General Plan Annual Report for Submission to the California Department of Housing and Community Development and Governor’s Office of Planning and Research
Presented to the City Council
March 25, 2024
2003 GENERAL PLAN ELEMENT HISTORY
Element Year Adopted Anticipated Update
Land Use 2003 Undetermined
Circulation 2003 2025
Open Space/Recreation 2003 2025
Safety 2003 2024
Housing 2002* 2024
Noise 2003 Undetermined
Cultural Resources 2003 Undetermined
Growth Management 2003 Undetermined
Environmental Justice N/A 2024
*Not Certified
City of Seal Beach
General Plan Annual Progress Report
2023
2 PURPOSE
This Annual Progress Report (APR) has been prepared for submission to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) in accordance with California law. The primary component of this APR is the Housing Element Progress Report, a prescriptive report in a format required by the State of California, which details the efforts of the City to meet its Regional Housing Needs Allocation through implementation actions and documents housing units produced (Attachment 1). The balance of this report has no required format nor content, but is an opportunity to highlight how the General Plan has been implemented during calendar year 2023.

GENERAL PLAN IMPLEMENTATION HIGHLIGHTS
The Housing Element
The Housing Element Update remains a work in progress, as the City continues to seek certification from HCD. Despite not having a certified Housing Element at the time of this reporting, the City continues forward with the implementation efforts outlined below. • Held a study session and community meeting to obtain input and craft a new highdensity mixed-use zone, which will accommodate housing development at underutilized commercial sites in alignment with the Housing Element. The Zoning Code update is expected to be implemented following certification of the Housing Element and City Council consideration of the associated Environmental Impact Report, which is also an active project.
• Performed additional revisions to the City’s Accessory Dwelling Unit (ADU) Ordinance to accommodate changes in State law. New laws recently went into effect, and the Ordinance will again be revised.
• Utilized Community Development Block Grant to fund bathroom renovations to facilitate aging in place for low-income senior residents. • Completed a Draft Local Coastal Land Use Plan and submitted it to the Coastal Commission for review and comment, so the City can proceed toward adoption of a Local Coastal Plan, streamlining the permit process in the Coastal Zone. • Obtained and customized new software products in support of implementing a new land management system in 2024 which will expand online permitting capabilities and make information more accessible to the community.
• Created a program for rental housing inspections, pursuant to Assembly Bill (AB) 838. • Held a Housing Element forum in Leisure World to engage the community and receive feedback.
• Obtained grant funding to implement a stand-alone and completely online permitting system for small solar applications.
• Continued discussions with affordable and market rate housing developers to better understand what prevents them from developing in Seal Beach.

City of Seal Beach
General Plan Annual Progress Report
2023
3 • Updated the City’s website to provide more information on obtaining affordable housing and providing referrals to available resources to assist those in need of housing.
• Worked in cooperation with the County of Orange to share housing related information and make materials available to residents.

Open Space/Recreation/Conservation Element
Open Space and Recreation improvements in 2023 focused on the initiation of a construction project to renovate the City’s Tennis and Pickleball Center clubhouse and locker rooms, increase court lighting, and provide greater accessibility and service to the community.

Additional activities include:
• Coordinated a $23 million, federally funded sand replenishment project (Stage 13) that restores beach areas, particularly in the Surfside community where coastal erosion has severely diminished the shoreline.
• Worked to finalize design plans for a park improvement of Heather Park located on Heather Street and Lampson, including soliciting feedback from the community during a meeting of the Recreation Commission. The park design will include upgraded play equipment, new outdoor fitness equipment, and ADA-compliant surfacing. • Developed a new dog park area within Zoeter Park located at 12th Steet and Landing.

The area allows users to allow their dogs to recreate off leash within a fenced secured area.
• Established a San Gabriel River working group to address trash mitigation. • Applied for CDBG grant funding for the renovation of the North Seal Beach Community Center, allowing for increased energy efficiency and accessibility at this public facility. • Provided continuous maintenance of the wheelchair-accessible sand mats at the Main Beach, facilitating additional access to the shoreline. • Installed energy-efficient water heaters at three City facilities.

Circulation Element
City staff continued to be deeply involved with the multi-year I-405 widening project during its final phase. In 2023, staff managed extensive permit work for third-party utility companies relocating equipment. Permits included road resurfacing, conduit installation, concrete restoration, draining improvements, landscaping, and electrical upgrades. Staff ensured installations were performed according to plan, and that any damages were fully repaired by the responsible party.

Additional highlights in circulation include:
• Executed an agreement with the South Coast Air Quality Management District to implement a micro-transit pilot program for one year.

City of Seal Beach
General Plan Annual Progress Report
2023
4 • Created a Citizen-Council Parking Advisory Ad Hoc Committee Meeting to developing strategies for a new parking management program, including metered parking, in the greater Old Town area, where parking is in the highest demand. • Continual communication and coordination with regional transportation providers including OCTA and Long Beach Transit to ensure adequate levels of transit are maintained.
• Completed traffic signal synchronization and traffic management system to facilitate traffic on heavily traveled arterials and reduce congestion (Seal Beach Boulevard Traffic Signal Synchronization Project).
• Awarded a construction contract to install the Lampson Avenue Bike Lane Gap Closure Project which will close bike lane gaps and provide continuous bikeway systems with supporting facilities along existing roadways. • Coordinating signal timing modification in conjunction with freeway and local roadway closures.
• Awarded a contract for development of a Safety Action Plan, utilizing data from the City’s Local Roadway Safety Plan (LRSP), through the Safe Streets and Roads for All grant program (identifying, analyzing and prioritizing roadway safety improvements.) • Coordinating with California Department of Transportation on Pacific Coast Highway Signal Improvements and coordinating improvements from Seal Beach to Newport Beach.

Safety Element Update
The City has contracted for an update to the Safety Element. Background research has been performed, with completion of the update pending certification of the Housing Element, which will define the areas of potential housing growth. Other efforts related to the Safety Element from 2023 include:
• Applied for and received a grant from FEMA for $160,722 to update the Local Hazard Mitigation Plan.
• Began photographic documentation of all City-owned facilities in a common drive for easy reference in the event of an incident requiring the completion of an Initial Damage Estimate (IDE).
• Applied for and was awarded a grant of $40,000 from the Department of Fish and Game, Office of Oil Spill Prevention, for an Oil Spill Response trailer to be deployed by Lifeguards/Marine Safety in the event of an oil spill. Procurement is currently underway in an open bidding process to be completed in February 2024. • Created a Hurricane Hilary After Action Report.
• Installed earthquake sensors in City buildings.
• Updated the Emergency Preparedness section of the City website with emergency pet information and resources before, during, and after a disaster. • Completed a Neighbor 4 Neighbor Community event in the Riverbeach Townhomes with OCFA, CERT, RACES, VIPS, and the Seal Beach Lions Club to offer emergency preparedness information to residents and encourage community resilience.

City of Seal Beach
General Plan Annual Progress Report
2023
5 • Sent City staff members to ICS/SEMS/NIMS and FEMA-approved training classes as opportunities arise,
• Conducted a staff Table Top Drill to exercise in the City’s Emergency Operations Center for disaster training.
• Initiated planning work for joint operation between the Red Cross and Orange County Fire Authority to conduct a smoke detector replacement event inside Leisure World in the Fall of 2024.
• Promoted Earthquake Brace + Bolt (EBB) to help homeowners lessen the potential for damage during an earthquake. EBB offers a grant of up to $3,000 toward a seismic retrofit for qualifying older houses. In addition to the $3,000 grant, the program offers a grant specifically for low-income homeowners (household annual income is $87,360 or less), as funding permits.

Land Use Element
Work continued on the application for a Specific Plan that would cover the area known as the Old Ranch Country Club. An Environmental Impact Report is underway, and the Specific Plan is expected to be considered by the City Council in 2024. The Element will also receive necessary updates related to the 6th Cycle Housing Element, once certified by HCD.

Environmental Justice Element
Composition of the City’s first Environmental Justice Element is expected to be started in mid-2024, pending certification of the City’s Housing Element.

Local Government Planning Support Grants Program Reporting In 2021, the City was awarded $150,000 in Local Early Action Program (LEAP) grant funding. Funding was used for the approved actions of drafting the Housing Element and enacting Housing Element implementation measures, specifically the Zoning Code amendment effort. The City has submitted the final cost documentation for reimbursement.

Housing Element Reporting Table
The final pages of this report include the summary table from the HCD-provided excel spreadsheet, which is filled out to report housing permitting and construction status as well as affordability. As shown, new building permits were issued to 11 residential units in 2023, however, 9 of them were demolished and rebuilt units, thus only 2 net new units were issued building permits during the calendar year. Both were accessory dwelling units.

A total of six units were completed in 2023, with three being rebuilds, and the other three net new accessory dwelling units.

City of Seal Beach
General Plan Annual Progress Report
2023
6 ANNUAL HOUSING ELEMENT PROGRESS REPORT
Summary Table
Jurisdiction Seal Beach
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 2
9 11
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 9 3
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 2 3
Mobile/Manufactured Home 0 0 0
Total 0 11 6
Infill Housing Developments and Infill Units Permitted # of Projects Units 11 11
0 0
Total Units
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Very Low
Low
Moderate
City of Seal Beach
General Plan Annual Progress Report
2023
7 21
24 0
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 21 24
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 21 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Number of SB 35 Streamlining Applications
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
Number of SB 35 Streamlining Applications Approved

HCD HOUSING ELEMENT REPORTING FORM
Please note this form is provided to the City in Excel with protected cells and formatting, limiting legibility.

Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions Email
Phone
Street Address
City
Zipcode
v_2_15_24
Please Start Here
General Information
2023
Seal Beach
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 211 Eighth Street
Seal Beach
90740
Shaun Temple Planning Manager [email protected] 5624312527 Mailing Address
Import Last Year's Data
Add Rows
Date Application Submitted
2 3 4 6 Prior APN
+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted(see instructions) Very LowIncome Deed Restricted Very LowIncome Non Deed Restricted Low-Income Deed RestrictedLow-Income Non Deed Restricted ModerateIncome Deed Restricted ModerateIncome Non Deed Restricted Above ModerateIncome Total PROPOSED Units by Project Summary Row: Start Data Entry Below 0 0 0 0 0 13 11 24 199-072-01 1101 OCEAN AV 2023-542 ADU R 08/21/2023 1 1
199-144-02 140 4TH ST CR23-02 ADU R 01/27/2023 1 1
043-303-06 400 CORSAIR WY CR23-01 ADU R 1/19/2023 1 1
086-595-02 148 COLLEGE PARK DR 2023-1631 ADU R
11/21/2023 1 1
032-112-10 320 8TH ST 2023-1764 ADU R 12/18/2023 1 1
199-062-61 247 SEAL BEACH
BLVD
2023-662 2 to 4 R
5/3/2023 4 4
199-064-28 216 16TH ST 2023-1051 SFD O 7/25/2023 1 1
199-076-38 132 12TH ST 2023-1455 SFD O 10/17/2023 1 1
199-143-15 201 4TH ST CR23-03 SFD O 1/27/2023 1 1
199-104-15 1003 Seal Way CR23-04 ADU R 2/1/2023 1 1
199-092-13 1405 Seal Way CR23-08 ADU R 2/22/2023 1 1
199-012-81 1 Cottonwood Ln CR23-09 MH O 2/22/2023 1 1
199-042-35 113 11TH ST CR23-10 ADU R 3/20/2023 1 1
199-075-05 1209 Seal Way CR23-14 SFD O 5/10/2023 1 1
199-146-13 111 3
rd St CR23-17 SFD O 6/23/2023 1 1
199-146-14 115 3
rd St CR23-18 SFD O 6/23/2023 1 1
199-081-49 115 14th St CR23-22 ADU R 8/18/2023 1 1
199-081-50 113 14th St CR23-23 ADU R 8/18/2023 1 1
199-081-51 111 14th St CR23-24 ADU R 8/18/2023 1 1
199-044-04 141 10th St CR23-28 ADU R 10/23/2023 1 1
199-173-14 1120 Fathom Av CR23-29 ADU R 10/20/2023 1 1
1 5 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Total Approved Units by Project Total Disapproved Units by Project Streamlining Application Status Projec 6 7 8 9 11
Very LowIncome Deed Restricted Very LowIncome Non Deed RestrictedLow-Income Deed RestrictedLow-Income Non Deed Restricted ModerateIncome Deed Restricted ModerateIncome Non Deed Restricted Above ModerateIncome Total PROPOSED Units by Project Total APPROVED
Units by project Total DISAPPROVEDUnits by Project Please select streamlining provision/s the
application was
submitted pursuant
to.

Did the housing
development application seek
incentives or concessions pursuant to Government Code
section 65915?
Were incentives or concessions
reqested
pursuant to Government Code section
65915 approved? Please indicate
the status of the
application.

Is the
consi
mini
proj
discre
pro
0 0 0 0 0 13 11 24 0 0
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
4 4 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
1 1 NONE No No Pending M
5 Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Total Approved Units by Project Total Disapproved Units by Project Streamlining Application Status Project Type 6 7 8 9 11 12 Very LowIncome Deed Restricted Very LowIncome Non Deed Restricted Low-Income Deed RestrictedLow-Income Non Deed Restricted ModerateIncome Deed Restricted ModerateIncome Non Deed Restricted Above ModerateIncome Total PROPOSED Units by Project Total APPROVED
Units by project Total DISAPPROVEDUnits by Project Please select streamlining provision/s the
application was
submitted pursuant
to.

Is the project considered a ministerial project or discretionary project? 0 0 0 0 0 13 11 24 0 0 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 4 4 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 1 1 NONE No No Pending Ministerial 5 Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 2 3
Prior APN
+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure R=Renter O=Owner Summary Row: Start Data Entry Below 199-072-01 1101 OCEAN AV 2023-542 ADU R
199-144-02 140 4TH ST 2023-1228 ADU R
199-064-55 219 17TH ST 2022-081 SFD O
199-146-04 100 2ND ST 2022-394 SFD O
199-146-05 114 2ND ST 2022-395 SFD O
199-142-22 210 2ND ST 2022-812 SFD O
178-481-02 B60 SURFSIDE AV 2022-1156 SFD O
199-081-47 1313 OCEAN AV 2022-1427 SFD O
199-081-48 1315 OCEAN AV 2022-1428 SFD O
178-471-36 84B SURFSIDE AV 2022-1434 SFD O
217-166-24 4440 HAZELNUT AV 2022-1831 SFD O
043-254-04
1700 HARBOR WY 2022-180 ADU R
199-191-05
1405 CRESTVIEW AV 2022-1252 ADU R
199-094-11
1622 OCEAN AV 2023-424 ADU R
199-114-09 402 OCEAN AV 2017-1478 SFD O
043-135-09 341 13TH ST 2019-768 SFD O
178-462-18 A101 SURFSIDE AV 2021-668 SFD O
Project Identifier 1Unit Types
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or other forms of readiness How many of the units were Extremely Low Income?
Please select the
streamlining
provision the project was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N
+
6 0
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
0 NONE Y
06/23/2023
1 NONE Y
03/29/2023
1 NONE Y
11/09/2023
1 NONE Y
02/21/2023 1 NONE Y
11/02/2023 1 NONE Y
12/20/2023 1 NONE Y
2 3
Prior APN
+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure R=Renter O=Owner Summary Row: Start Data Entry Below 199-072-01 1101 OCEAN AV 2023-542 ADU R
199-144-02 140 4TH ST 2023-1228 ADU R
199-064-55 219 17TH ST 2022-081 SFD O
199-146-04 100 2ND ST 2022-394 SFD O
199-146-05 114 2ND ST 2022-395 SFD O
199-142-22 210 2ND ST 2022-812 SFD O
178-481-02 B60 SURFSIDE AV 2022-1156 SFD O
199-081-47 1313 OCEAN AV 2022-1427 SFD O
199-081-48 1315 OCEAN AV 2022-1428 SFD O
178-471-36 84B SURFSIDE AV 2022-1434 SFD O
217-166-24 4440 HAZELNUT AV 2022-1831 SFD O
043-254-04
1700 HARBOR WY 2022-180 ADU R
199-191-05
1405 CRESTVIEW AV 2022-1252 ADU R
199-094-11
1622 OCEAN AV 2023-424 ADU R
199-114-09 402 OCEAN AV 2017-1478 SFD O
043-135-09 341 13TH ST 2019-768 SFD O
178-462-18 A101 SURFSIDE AV 2021-668 SFD O
Project Identifier
1 Unit Types
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units were affordable
(see instructions)
Term of Affordability or Deed Restriction (years)
(if affordable in perpetuity enter 1000)+ Number of
Demolished/Destroyed
Units Demolished or Destroyed Units Demolished/Des
troyed Units Owner or Renter
9 ADU - exected to rent at maximum
moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type
1 Demolished O
1 Demolished O
1 Demolished O
1 Demolished O
1 Demolished O
1 Demolished O
ADU - exected to rent at maximum
moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type ADU - exected to rent at maximum moderate income due to unit type
1 Demolished O
1 Demolished O
1 Demolished O
1 Projection Period 3 4 RHNA Allocation by
Income Level Projection Period - 06/30/2021- 10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 2 - - - - - - Above Moderate 545 3 - - 9 - - - - - - 12 533 1,243 3 - - 11 - - - - - - 14 1,229
5 6 7 Extremely low-Income Need
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 129 - - - - - - - - - - 129
201 Total RHNA
Total Units
Income Level Very Low
Low
Extremely Low-Income Units*
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 237
-2 Moderate258
201
239
-
2 Table B
Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 258
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1a Provision of
Adequate Sites for New
Construction through the General Plan and Zoning
Ordinance

1. In order to enhance the feasibility of affordable housing development, the City will offer incentives and concessions such as expedited
processing, administrative assistance with applications for funding assistance, and modified development standards. 2. The City will report its progress in implementing this program to HCD on
an annual basis, pursuant to Government Code §65400. 3. The City shall comply with the “no net loss” provisions of Government Code
§65863 through the implementation of an ongoing project-by-project evaluation process to ensure that adequate sites
are available to accommodate the City’s RHNA share throughout the planning period. The City shall not reduce the
allowable density of any site in its
residential land inventory, nor approve a development project at a lower density than assumed in the land inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City’s share of
Ongoing until modified
through certification of 6th
cycle HE
The City is actively working to have its 6th cycle Housing Element certified. Meanwhile, rezoning efforts to imlement the 6th cycle Element are underway including preparing zoning text language and initiating the associated Environmental Impact Report. There was no net loss of housing. While the City did not receive inquiries or applications for affordable housing, staff has significantly streamlined the development process through implementation of an online submittal portal, providing 24/7 access to the community development virtual counter. The website has also been updated to improve access to information to expedite the process for development applications and building plan check. Additionally, the city is currently in the process of implementing a new permitting software, which will offer shared access to data between divisions, and further streamline the development process.

Program 1b Land Use Compatibility. Continue to use zoning and other land use controls to ensure the compatibility of residential areas with surrounding uses Ongoing until modified
through certification of 6th
cycle HE
This program is considered successful in creating livable environments that support residential uses, particularly access to parks, open space, and amenities that increase desirability. Program 1c Second Units Continue to allow for the development of second units consistent with state law and the Municipal Code Ongoing until modified
through certification of 6th
cycle HE
The City again updated its ADU Ordinance for consistency with State law and worked with applicants to create a smooth process for ADU implementation.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1d Emergency Shelters and
Transitional/Supportive Housing
Continue to facilitate the provision of emergency shelters and transitional/supportive housing
consistent with state law
Ongoing until modified
through certification of 6th
cycle HE
No applications for emergency shelters or transitional/supportive housing were submitted. However, the City has taken a proactive approach to support those experiencing homelessness, including advancement of a partnership with the County of Orange for mental health services and placement of individuals and families in need of housing assistance.

Program 1e Innovative Land Use and
Construction Techniques
Continue to encourage the use of
innovative land use techniques and
construction methods to minimize housing costs provided that basic health, safety, and aesthetic considerations are not compromised. Encourage the use of planned unit developments, mixed use, and
alternative construction methods. The City will provide flexibility in development standards and siting
requirements to minimize development costs
Ongoing until modified
through certification of 6th
cycle HE
Limited development occurred during the last year, therefore effectiveness of innovative techniques are difficult to evaluate.

Program 2a Density Bonus Continue to promote the use of density bonuses among potential residential
developers Ongoing until modified
through certification of 6th
cycle HE
No density bonus applications were submitted within the planning period. Pursuant to State law, the City will continue to support density bonus projects.

Program 2b Affordable Housing Resources
• Maintain a list of non-profit housing
developers active in Orange County. • Contact qualified non-profit housing developers to explore opportunities for affordable housing development annually, or whenever development opportunities arise. • Explore a variety of funding resources, such as Multi-Family Housing Program (MHP) funds and Low-Income Housing
Tax Credits (LIHTC). Periodically consult with the State Department of Housing and Community Development HCD for current and new funding availability. • Provide interested developers with an inventory of residential sites available
for development. • Prioritize assistance for extremely-lowincome (ELI) units and projects such as single room occupancy (SRO) and
supportive housing commensurate with
the City’s regional housing need of 1 ELI unit during the current planning period Ongoing until modified
through certification of 6th
cycle HE
The City proactively sought out resources to support affordable housing, including joining the Orange County Housing Finance Trust, which will allow developers the ability to apply for grant funding for affordable housing through that entity; and successfully obtaining Community Development Block Grant (CDBG) funds and CDBG-CV through the County of Orange. The City also initiated coordination with the U.S. Navy to discuss viability of developing affordable housing on a City-owned parcel within the Naval Weapons Station. CDBG funds were programmed to support low-income households with aging-in- place bathroom renovations. LEAP funds have been allocated to development of the Housing Element, which will further assist in reducing barriers to preservation and construction of affordable housing by streamlining the development approval process. Staff continues to consult with non-profit developers on housing opportunities, though no proposals for deed-restricted affordable housing were submitted in 2023.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 2c Land Write Downs and Assistance with Off-Site Improvements Consider subsidizing the cost of land
and off-site improvements for affordable housing development on a project- specific basis when feasible Ongoing until modified through certification of 6th
cycle HE
No development applications for affordable housing were received during the prior planning period, however the City will continue to consider subsidizing costs on a project-specific basis. This program may continue to be useful in the future, should a feasible project be presented. The City does not receive a direct allocation of funding typically seen in housing development, such as CDBG or HOME funds. The City remains willing to work with the private and non-profit development industry to partner for other resources such as tax allocation credits and other resources developers may access such as the Orange County Housing Finance Trust.

Program 3a Section 8
Rental Assistance
• Continue to cooperate with the Orange County Housing Authority in providing Section 8 rental assistance to very-lowincome households. • Assist the County Housing Authority in promoting the Section 8 program to both property owners and eligible renters by publicizing the program on the City’s website, the City newsletter, local libraries, and within Leisure World.

Ongoing until modified
through certification of 6th
cycle HE
The City continued to cooperate with OC Housing Authority to support the Section 8 program by posting available information and updating it's website to include additional housing resources. Though housing vouchers are limited in supply and are allocated through the County, the City will continue to support this effort in partnership.

Program 3b Mortgage Credit Certificates
Continue participation in the MCC
program and contact the County
annually to determine current program
status. Distribute program information
at City libraries and on the City website. The number of households assisted with this program will depend on market conditions and program availability Ongoing until modified
through certification of 6th
cycle HE
The City continued to cooperate with OC Housing Authority to support the Section 8 program by posting available information, as well as other housing resources. The City will continue to support sharing available resources on the MCC program. Program 3c Maintenance of Affordability Covenants on City or Agency- Assisted Housing Continue to monitor the affordability of any very low-, low-, and moderateincome housing units assisted with public funds Ongoing until modified
through certification of 6th
cycle HE
Under redevelopment dissolution law, the County of Orange was named the Housing Successor, and covenants were transferred to the County for oversight. This program was not implemented; however, it remains valid for any new covenants in the future
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 3d Local Coastal Program
Prepare and obtain Coastal Commission
certification of a Local Coastal Program
Estim. Completion 2025-26
The City was able to obtain grant funding from the Coastal Commission to develop a Local Coastal Program. A draft Land Use Plan was submitted to the Coastal Commission in mid-2023 and the City is awaiting comments. In a paralell effort, City and Coastal staff are working collaboratively to secure grant funding so the City may continue to pursue a complete Local Coastal Program. Program 4a Condominium Conversion Continue to enforce the CondominiumConversion Ordinance Ongoing until modified through certification of 6th
cycle HE
No units were converted to condominiums during 2023. The City will continue to enforce Code Section 11.4.80 to protect tenant rights and reduce impacts to lower income households. Program 4b Replacement
Housing in Local Coastal
Zone Continue to review development
projects on a case-by-case basis to
ensure that replacement low- and moderate-income housing is provided if feasible Ongoing until modified
through certification of 6th
cycle HE
The City monitored development projects for loss of housing. This program will be modified to meet current laws regarding replacement housing in all areas of the city
Program 4c Housing
Conditions Monitoring
Continue to conduct annual surveys of
the targeted beach area to identify
housing units with deferred maintenance issues and mail brochures about the City’s rehabilitation programs
to owners of the identified units. Apply
for funding assistance annually from the Urban County program if rehabilitation needs are identified
Ongoing until modified
through certification of 6th
cycle HE
City staff conducted a windshield survey to document deferred maintenance issues for all housing, including the beach areas. Though only a limited number of homes appeared to need substantial investment, the City does not have funding available to support a rehabilitation program for beach units. The Urban County program (CDBG subrecipient program) is available only to designated census tracts, which do not include beach areas.

Program 4d Zoning and
Building Codes Enforcement
• Continue to enforce the City’s zoning
and building codes through contract code compliance services. • Provide information about assistance programs
to property owners with violations Ongoing until modified through certification of 6th
cycle HE
The City provides code enforcement services through a Neighborhood Services Officer. The program has very effectively assisted in maintaining health and safety standards implemented by the municipal code. In most cases, issues are resolved by providing information to the property owners, and citations do not need to be issued. Extensive public outreach was performed on Main Street summer 2023 to ensure neighborhood and tourism compatability, and several rental inspections were performed upon request to assist in building code enforcement.
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 5a Fair Housing Services
Continue to provide fair housing and
tenant landlord counseling services
through the Fair Housing Council of
Orange County. The Community
Development Director will serve as the primary point of contact for fair housing issues and will refer inquiries to the FHCOC
Ongoing until modified
through certification of 6th
cycle HE
The city does not have direct access to records regarding fair housing services provided by the FHCOC to gauge accomplishments. The City continued to facilitate fair housing and refer inquiries to the Fair Housing Council of Orange County. Program 5b Removal of Architectural Barriers Continue to utilize the Home
Improvement Program to remove
architectural barriers and encourage participation by elderly and disabled residents Ongoing until modified
through certification of 6th
cycle HE
The City currently utilizes CDBG funds as a sub-recipient through the County to make necessary improvements to bathrooms within the Leisure World community. The improvements modify bathtubs, showers, and toilets to facilitate safe access for seniors. Funding varies by year, though the program has been in place since 2005. Program 5c Housing
Information and Referral
Services Continue to support the housing and
referral services provided by the Housing Authority of Orange County by posting contact information on the City website and at public buildings Ongoing until modified through certification of 6th
cycle HE
The City has not successfully tracked referral outcomes. The City will continue to gather and provide information for the OC Housing Authority and will build up greater information on other housing resources Further, city staff will more actively engage with the County and other regional partners to seek out resources and solutions to housing issues Program 6a Green Building Techniques • Distribute a Green Building Tips handout at City Hall and on the City website. • Continue to offer reduced fees for residential remodeling projects
that include energy conservation
features
Ongoing until modified
through certification of 6th
cycle HE
The City has adopted the most recent International Building Code which includes increased provisions for efficiency and green building techniques. The city will continue to provide information on the benefits of energy saving techniques. Program 6b Promote Smart Growth Seek to incorporate smart growth
principles in future land use and zoning
amendments Ongoing until modified
through certification of 6th
cycle HE
The City did not have any major development projects in 2023. Staff will continue to consider how to better implement this program with the zoning code update.

Agenda Item F

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Approval of a Sale Contract for 4197 Ironwood Avenue ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7490:

1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and,

2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and,

3. Authorizing the City Manager to take any necessary action to execute the sale of the property.

BACKGROUND AND ANALYSIS:

On February 13, 2023, the City Council directed staff to pursue disposal of the property located at 4197 Ironwood Avenue, Seal Beach, CA (Property) via the State’s Surplus Land Act, commencing with Government Code Section 54220. The Property is a single-family home located in the College Park East neighborhood, which was originally purchased to provide a location for certain stormwater network improvements. However, since that time, additional focused studies have been performed, and the estimated costs to mitigate stormwater deficiencies have increased dramatically, with estimates upwards of $50 million. When the Property was vacated by the residential tenant, staff requested Council direction and subsequently moved forward with the steps necessary to dispose of the home.

Following approval from the California Department of Housing and Community Development on December 12, 2023, the Property was listed for sale on January 31, 2024 at $1,250,000. Several offers were received, with the three highest being all cash offers, the highest for $1,280,000 and two for $1,250,000. Staff is requesting the City Council authorize the sale of the Property to the highest bidder at $1,280,000, with a contingency choice of a sale to the second highest bidders (both at $1,250,000), based on the order received, should the transaction with the

Page 2 ends

higher bidder fail for any reason. The highest bidder has already removed contingencies.

Sale offers were presented to the City Council at the February 26, 2024 meeting, at which time the City Council voted to postpone accepting an offer until the March 21, 2024 community meeting could be held to discuss stormwater issues in College Park East. As discussed, staff has identified an alternative location for the improvements previously envisioned for the Property, should funding become available in the future, in addition to seeking additional mitigation measures in the interim.

ENVIRONMENTAL IMPACT:

Sale of Property, improved with one single family residence, does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

The City’s General Fund shall receive the net proceeds from the sale of the property. Estimated net proceeds assuming a sale value of $1,280,000 are expected to be $1,207,000. Funds will be placed in the General Fund Reserve and restricted for stormwater network improvements.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7490:

1. Authorizing the sale of 4197 Ironwood Avenue, Seal Beach, CA to the highest qualified bidder; and,

2. Acceptance of net revenues into the General Fund Reserve, which will be restricted for stormwater network improvements; and,

3. Authorizing the City Manager to take any necessary action to execute the sale of the property.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7490
B. Sale Contracts
RESOLUTION 7490

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

THE SALE OF REAL PROPERTY AND AND DIRECTING STAFF TO

TAKE RELATED ACTIONS
WHEREAS, the City of Seal Beach is the owner in fee simple of that certain real property located at 4197 Ironwood Avenue, Seal Beach, CA (Assessor Parcel Number 217-191- 09) as described in Exhibit A attached hereto (“Property”); and, WHEREAS, the Property is approximately 5,200 square feet in size, and is currently improved with a single family residence, and is not used by the City for municipal purposes nor according to a written plan adopted by the City Council for City work or operations; and,
WHEREAS, on February 13, 2023 the City Council directed staff to dispose of the Property pursuant to the Surplus Land Act, Government Code Sections 54220-54234, and follow certain procedures prior to engaging in negotiations to sell land; and, WHEREAS, the California Department of Housing and Community Development authorized disposition of the Property on December 12, 2023; and, WHEREAS, a comparative market analysis was conducted to determine an estimated sale price; and,
WHEREAS, on January 31, 2024 the Property was offered for sale; and, WHEREAS, the City has received competitive offers for the Property and wishes to dispose of the Property to the highest qualified buyer.

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

Section 1. The City Council of the City of Seal Beach hereby approves the sale of the Property and directs staff to dispose of the Property to the highest qualified buyer for $1,280,000.

Section 2. If for any reason the sale contemplated in Section 1 is not achieved, the City Council hereby directs staff to accept the next highest purchase offer of $1,250,000 and dispose of the Property.

Section 3. This Resolution is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) as sale of the Property does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.

Section 4. The Council hereby directs the City Manager or authorized designee to do all things necessary to effectuate the purposes of this Resolution.

Section 5. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the permanent records of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March, 2024 by the following vote:

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

Schelly Sustarsic, 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 7490 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 March, 2024.

Gloria D. Harper, City Clerk

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Lot 28 of Tract No. 6572, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 244, Page(s) 12-14, inclusive of Miscellaneous Maps, of the records of the County recorder of said County.

Except therefrom all minerals, oil, gas and other hydrocarbon substances lying below a depth of 500 feet below the surface of said land, without the right of surface entry above the depth of 500 feet from the surface, as reserved in deeds of record.

APN: 217-191-09

Agenda Item G

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Accepting Grant Funds and Authorizing Execution of Agreement with the County of Orange for the San Gabriel River Trash Mitigation Initiative and Approving Budget
Amendment BA #24-09-01
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7499:

1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and,

2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280; and,

3. Authorizing the City Manager or her designee to execute the Agreement with the County of Orange, amendments and other related documents, and to utilize the funds for and take such other actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts.

BACKGROUND AND ANALYSIS:

The City of Seal Beach has been experiencing significant trash accumulations on its public beach with recent data reflecting an impact of nearly 400 tons per year, not counting trash already collected from area bins and dumpsters. Upon receiving updates on this issue, Assemblymember Dixon's office convened a working group made-up of key stakeholders (“Working Group”) including the following entities:
• State Assemblymember Dixon’s Office
• State Assemblymember Lowenthal’s Office
• County of Orange (Supervisor Do’s Office)
• County of Los Angeles (Supervisor Hahn’s Office)

Page 2 ends

• City of Seal Beach
• City of Long Beach
• Surfrider Foundation (North Orange County & Long Beach Chapters) After comprehensive research efforts were completed and presented to the Working Group on January 19, 2024, follow-up action items were established and allocated to various Working Group members. The totality of current and future associated efforts has been called the San Gabriel River Trash Mitigation Initiative (“Initiative”). One of the initial actions included the development of high-level cost estimates to implement a long-term mitigation strategy over various phases and to identify near term and future funding sources. The preliminary identified phases include a Feasibility / Alternative Recommendations Study (“Study”), Final Design, and Implementation to complete the Initiative.

The County of Orange, via Supervisor Andrew Do’s Office, has indicated a desire to contribute funds to kickstart this Initiative with a focus on the initial Study phase.

This phase proposes to conduct initial outreach to key stakeholders (including public agencies having jurisdiction), environmentally focused organizations, scientific entities (such as the Aquarium of the Pacific), regional watershed management committees, and other interested or impacted parties that will be identified as the Study progresses.

While the entire initiative is estimated at roughly $6 million over the next three (3) to five (5) years for all phases, the initial Study and supporting resources to procure services, coordinate stakeholder engagement, and oversee execution of the Study is estimated at $494,000. Additionally, the County of Orange desires to act on more immediate efforts including beach clean-up of trash and beach raking operations during the 2024 calendar year. These near-term services are estimated to cost $31,000 and are included in this total request for funding.

On February 27, 2024, the Orange County Board of Supervisors approved a grant to the City of Seal Beach in the amount of $525,000 for the Initiative, and authorized execution of a grant agreement with the City. The attached Agreement between the County of Orange and the City of Seal Beach authorizes the award of grant funds to the City.

In summary, the County of Orange endeavors to help improve public beach quality and experiences for Orange County residents and is supportive of initiating this effort through the transmittal of $525,000 to cover the initial Study, project management and stakeholder coordination, and near-term beach maintenance activities. The City will be the agency receiving these identified funds and will perform all future activities to execute associated services, including applicable public procurement actions and oversight of external resources used to effectuate the efforts as outlined above.

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ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” as defined under Section 15378(b) of the state CEQA Guidelines. This item is also exempt from CEQA pursuant to Section 15061(b)(3) of the Guidelines because it can be seen with certainty that the approval of a grant agreement will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The City will be responsible for providing staffing resources to oversee the initial phase of the Initiative. These efforts may also include the oversight and funding of strategic or technical consultants to support unique elements of the initial phase.

The level of effort for those external resources is variable at this point but expected to be minimal and within existing fiscal year budgetary appropriations.

Budget Amendment BA #24-09-01 will recognize the $525,000 of County of Orange funds in account 217-500-0375-42400 (Grants) and appropriating $525,000 to account 217-500-0375-51280 (Contracts Professional).

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan. However, trash collection issues linked to the San Gabriel River was discussed as a Proposed Priority in April 2023.

Additionally, the receipt of significant external funding for this Initiative could be linked to the strategic priority to explore alternative revenue sources.

RECOMMENDATION:

That the City Council adopt Resolution 7499:

1. Accepting an award of grant funds in the amount of $525,000 from the County of Orange for the San Gabriel River Trash Mitigation Initiative; and,

Page 4 ends

2. Approving Budget Amendment BA #24-09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217- 500-0375-51280; and,

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7499
B. Agreement with County of Orange
RESOLUTION 7499

A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL ACCEPTING $525,000 IN GRANT FUNDS

FROM THE COUNTY OF ORANGE, AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE AN AGREEMENT WITH THE COUNTY

OF ORANGE FOR THE SAN GABRIEL RIVER TRASH

MITIGATION INITIATIVE, AND TO TAKE OTHER

RELATED ACTIONS IN CONNECTION WITH THE

GRANT, AND APPROVING BUDGET AMENDMENT
BA #24-09-01
WHEREAS, representatives of the State of California Assembly, County of Orange (“County”), County of Los Angeles, City of Long Beach, and City of Seal Beach (collectively referred to as “Agencies”) endeavor to enhance cooperative efforts, support technical feasibility, design, and implementation activities, review property ownership, and identify funding for the San Gabriel River Trash Mitigation Initiative (“Initiative”); and,
WHEREAS, the Initiative includes program management, project oversight, key stakeholder engagement, a feasibility / alternative recommendations study phase, a final design phase, an implementation phase, and operational beach clean-up efforts for the public beach owned and maintained by the City of Seal Beach (“City”); and,
WHEREAS, the County desires to award a grant to the City of Seal Beach in the amount of $525,000 to assist the City of Seal Beach with executing associated Initiative efforts including program management, project oversight, key stakeholder engagement, the feasibility / alternative recommendations study phase, and operational beach clean-up efforts for the public beach owned and maintained by the City; and collaborate in good faith in the delivery of these outlined responsibilities; and,
WHEREAS, the City desires to accept the grant and execute an agreement with the County of Orange memorializing each party’s responsibilities.

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

Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full.

Section 2. The City Council hereby accepts the $525,000 grant from the County of Orange for the San Gabriel River Trash Mitigation Initiative.

Section 3. The City Council hereby approves Budget Amendment BA #24- 09-01 recognizing $525,000 to account 217-500-0375-42400, and appropriating $525,000 to account 217-500-0375-51280.

Section 4. The City Council hereby authorizes the City Manager or her designee to execute the Agreement with the County of Orange, amendments, and other related documents, on behalf of the City of Seal Beach, and to utilize the funds for actions associated with the implementation of the San Gabriel River Trash Mitigation Initiative and other applicable beach clean-up efforts.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote:

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

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7499 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 March 2024.

Gloria D. Harper, City Clerk

Page 1 of 6 ends

AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SEAL

BEACH FOR DISTRICT DISCRETIONARY FUNDING
This Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and the City of Seal Beach, a California municipal corporation, as “Grantee,” with the County and Grantee referred to as “Party,” or collectively as “Parties.”
Recitals
On February 27, 2024, the Board of Supervisors approved the use of First District discretionary funds under Government Code section 26227 for Grantee’s San Gabriel River Trash Mitigation Initiative;
The Board of Supervisors authorized the use of district discretionary funds for programs providing healthcare, housing assistance, workforce development, education, childcare, infrastructure projects and equipment, and meal gap programs; benefit monies to local governments including school districts, and/or non-profits; programs aiding veterans and residents experiencing or at risk of homelessness; and economic support, including arts-related small businesses and non-profit organizations that support local programs around the County;
Grantee is partnering with stakeholders in providing San Gabriel River Trash Mitigation Initiative;
To assist Grantee in its effort to support its San Gabriel River Trash Mitigation Initiative, the Parties have agreed that the County will transfer the Grant Amount described herein to Grantee.

Accordingly, the Parties mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2024, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier.

Page 2 of 6 ends

b. All of Grantee’s expenditures of the Grant Amount must be for costs associated with the San Gabriel River Trash Mitigation Initiative’s feasibility/alternative recommendations study, beach clean-up of trash, and beach raking operations in 2024.
c. Grantee must utilize the Grant Amount in accordance with all applicable Federal, State, and local laws and regulations, including labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
d. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided under this Agreement may be used for inherently religious activities such as worship, religious instruction, or proselytization.

3. COMPLIANCE WITH GRANT REQUIREMENTS. The Grant Amount must be used solely for the purposes identified in Paragraph 2 of this Agreement. Grantee shall immediately return to the County any funds Grantee has used in a manner that is inconsistent with Paragraph 2 of this Agreement. Grantee shall return to the County by July 31, 2026, any funds Grantee has not used by June 30, 2026. The provisions of this paragraph shall survive termination of this Agreement.

4. CERTIFICATION. Grantee hereby certifies that the following statements and responses are true:
a. The Grantee is an organization whose mission includes serving the Orange County community in healthcare, housing assistance, workforce development, education, arts, childcare, infrastructure projects, or meal gap programs.
b. The Grantee will use the Grant Amount for eligible expenses as described in Paragraph 2 above.

Page 3 of 6 ends

to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within Orange County unless the County authorizes in writing their removal from Orange County.

6. RECORDS INSPECTION. At any time during normal business hours and as often the County may deem necessary, Grantee must make available for examination all its records with respect to all matters covered by this Agreement. The County has the authority to audit, examine and make excerpts or transcripts from records, including all Grantee's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Grantee agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Grantee’s records, the County may require that Grantee provide supporting documentation to substantiate Grantee’s expenses with respect to the Grantee’s use or expenditure of monies provided by the County to the Grantee under this Agreement.

7. FINAL REPORT. Upon the earlier of Grantee’s use of the entirety of the Grant Amount or June 30, 2026, Grantee shall provide a report to the County that shall identify the expenses paid from the Grant Amount. The Grantee shall provide a certification signed by its Program Director or designee that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. Grantee shall maintain supporting documentation for the report consistent with the requirements of Paragraph 5.

8. INDEPENDENT CONTRACTOR. The Grantee shall be considered an independent contractor and neither the Grantee, its employees, nor anyone working under the Grantee shall be considered an agent or an employee of County. Neither the Grantee, its employees, nor anyone working under the Grantee shall qualify for workers’ compensation or other fringe benefits of any kind through County.

9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement. Grantee shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to the County upon request.

10. CONFLICT OF INTEREST. The Grantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with

Page 4 of 6 ends

the best interests of the County. This obligation shall apply to the Grantee, the Grantee’s employees, agents, and subcontractors. The Grantee’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

11. INDEMNITY. The Grantee shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands, or liability of any kind or nature, including personal injury or property damage, arising from or related to the Grantee’s receipt or use of the Grant Amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement.

Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Grantee. Exercise by County of its right to terminate the Agreement shall relieve County of all further obligation.

14. NOTICES. All notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Grantee:

Jill R. Ingram, City Manager
[email protected]
211 Eighth Street
Seal Beach, CA 90740
(562) 431-2527

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County:

Oana Cosma, County Budget & Finance Office
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062
[email protected]
(714) 834-7410

15. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching Party reserves the right to terminate the Agreement.

16. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.

No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing.

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

19. SIGNATURES. Separate copies of this Agreement may be signed by each of the Parties, and this Agreement will have the same force and effect as if the original had been signed by all the Parties. An electronic signature or electronic record of this Agreement or any amendment thereto shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or any amendment thereto.

The Parties have executed this Agreement on the day and year dated below.

BY: DATED:

Jill R. Ingram, City Manager
City of Seal Beach

Page 6 of 6 ends

BY: DATED:

Christine Gardea, Deputy Purchasing Agent
County Procurement Office
County of Orange, California
APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:____________________________
Chief Assistant
DATED:________________________
Agenda Item H

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for Water and Wastewater Financial
Planning Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7500:

1. Approving Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants, Inc. dated June 23, 2023, to provide additional Water and Wastewater Financial Planning Services; increase compensation for such additional services by $48,352 for a revised total contract not-to-exceed amount of $135,767; and extend the term to December 31, 2024; and,

2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

BACKGROUND AND ANALYSIS:

The City’s water and sewer utilities are funded entirely by fees collected through adopted water and sewer service charges (“Enterprise Funds”). The rates that customers pay on their utility bill must fund all operating costs, capital improvements, and reserves. Water and sewer rates must be periodically reviewed to ensure rates are set to provide adequate revenue. These studies are performed in accordance with Proposition 218 requirements.

On February 22, 2021, the City adopted Resolutions 7114 and 7115 adjusting the water and sewer rates, respectively. Recent assessments of the current financial plan suggests that additional revenue increases are needed, and is likely due to a combination of the following factors:

1. Decreased water sales with recent drought and 2023 winter storms;

Page 2 ends

2. Low inflation factors used to project the current rate structure’s expenditures;

3. Increased water purchasing costs;

4. Increased operating and capital expenditures due to labor and material shortages and overall pricing increases;

5. Depletion of cash reserves due to capital spending originally slated to be funded through bond proceeds;

6. Deferred critical capital improvement needs on aging infrastructure.

On June 12, 2023, the City Council adopted Resolution 7416 awarding a professional services agreement to Raftelis Financial Consultants, Inc. (“Raftelis”) to provide water and wastewater financial planning services in a not-to-exceed amount of $82,415, and authorized the City Manager to approve additional work request in the amount of $5,000.

The water and wastewater financial plan and proposed rate adjustments were presented to City Council on December 11, 2023. On the same night, City Council adopted Resolution 7472 setting a public hearing date on February 12, 2024, that was subsequently continued to February 26, 2024. At the close of the public hearing, City Council concluded the pending majority protest proceedings, and took no further action to adopt the rate adjustments. City Council further directed staff to further examine the rates, provide additional public outreach, and re-notice the public pursuant to Proposition 218 at a later date.

Accordingly, Raftelis submitted a proposal dated March 7, 2024 for the additional support work in the amount of $48,352.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement amendment with Raftelis Financial Consultants, Inc. and will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Additional costs associated with Amendment No. 1 will be expensed from the Water and Sewer operation funds. Sufficient funding for this item is available in the adopted FY 2023-24 budgets.

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CIP Project Amount
Water Operations & Maintenance $ 24,176
Sewer Operations & Maintenance 24,176
Total $ 48,3525
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7500:

2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7500
B. Agreement with Raftelis Financial Consultants, Inc.

C. Amendment No. 1 with Raftelis Financial Consultants, Inc.

RESOLUTION 7500

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AN AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH RAFTELIS FINANCIAL
CONSULTANTS, INC. TO PROVIDE WATER AND

WASTEWATER FINANCIAL PLANNING SERVICES
WHEREAS, the City owns and operates a water system and wastewater system; and, WHEREAS, the water and wastewater systems are funded by utility rate-generated revenues; and,
WHEREAS, the water and wastewater utility rates must be periodically reviewed to ensure they are properly set to fund operations and capital needs; and, WHEREAS, recent climate conditions, material and labor shortages, and critical infrastructure needs have significantly impacted revenue and expenditures; and, WHEREAS, on June 23, 2023, the City Council adopted Resolution 7416 approving a professional services agreement with Raftelis Financial Consultants, Inc. (“Raftelis”) to provide water and wastewater financial planning services in the amount of $82,415, and authorizing the City Manager to approve work payment requests in the amount of $5,000; and,
WHEREAS, the City desires to amend the Agreement with Raftelis to provide additional support services; increase Raftelis’s compensation for such services by $48,352, for a revised not-to-exceed amount of $135,767; and extend the term to December 31, 2024.

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

Section 1. The City Council hereby approves Amendment No. 1 dated March 25, 2024 to the Agreement dated June 12, 2023, between the City of Seal Beach and Raftelis Financial Consultants, Inc. (i) to authorize Raftelis to provide additional water and wastewater financial planning services; (ii) to increase Raftelis’s compensation by $48,352 for the additional services, for a revised total contract not-to-exceed amount of $135,767; and (iii) to extend the Agreement term to December 31, 2024.

Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote:

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

Schelly Sustarsic, 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 7500 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 March 2024.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Water and Wastewater Financial Planning Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
N
Raftelis Financial Consultants, Inc.
227 West Trade Street, Suite 1400
Charlotte, NC 28202
704) 373- 1199
This Professional Service Agreement (" the Agreement") is made as of June 12, 2023 the " Effective Date"), by and between Raftelis Financial Consultants, Inc.

Consultant'), a North Carolina corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional water and wastewater financial planning services.

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

C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant shall provide those services ( collectively " Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience,. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner.

Consultant shall, at all times, meet or exceed any and all applicable professional 2of19
standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

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

2. 0 Term

2. 1. The term of this Agreement shall commence on June 12, 2023, and shall remain in full force and effect until June 30, 2024, unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 82, 415. 00 ( Eight Two Thousand Four Hundred Fifteen dollars and 00/ 100) for the Term.

4. 0 Method of Payment

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

4.2. Upon 24- hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement. '
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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. Steve Gagnon is the Consultant' s primary representative for purposes of this Agreement. Steve Gagnon shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7. 0 Notices

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

To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Raftelis Financial Consultants, Inc.
227 West Trade Street
Charlotte, NC 28202
Attn: Steve Gagnon

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

8. 0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9. 0 Independent Contractor

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

9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or ( 3) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5of19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from liability, damages, claims, costs and expenses to the extent caused by Consultant' s personnel practices. or to the extent arising from, caused by or relating to the violation by Consultant of any of the provisions of this Section 9. 0.

In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. .

10. 0 PERS Compliance and Indemnification

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

10. 2. Indemnification. Consultant shall defend indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 10. 0. This duty of indemnification , is in addition to Consultant' s duty to defend, indemnify and hold 6of19
harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 0 Confidentiality

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

11. 2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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

12. 0 Ownership of Documents and Work Product

12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 7of19

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

12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or ( 2) modify the Data & Documents and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14. 0 Prohibition Against Assignment or Delegation
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Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment' and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with access to such records without charge, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

City' s rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17. 0 Insurance

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

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

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

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

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

17. 2. 4. Professional Liability ( or Errors and Omissions) Liability, with minimum limits of $ 1, 000,000 per claim/ aggregate. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17. 3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 10 of 19

17. 4. Additional Insured.

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

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

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

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

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

17. 7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 of 19

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

17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

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

17. 11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant's duty to indemnify City under Section 18. 0. 12 of 19

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

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

18. 0
Indemnification, Hold Harmless, and Duty to Defend

18. 1. Indemnities.

18. 1. 1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligent acts or omissions or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel approved by City, whose approval shall not be unreasonably withheld, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 1. 2. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.

18. 2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from 13 of 19
each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

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

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

18. 5. Survival of Terms. Consultant' s indemnifications and obligations under this Section 18. 0 shall survive the expiration or termination of this Agreement.

19. 0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, 14 of 19
ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21. 0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

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

23. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

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

25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
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26. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.

27. 0 Prohibited Interests; Conflict of Interest

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

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

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

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

28. 0 Final Payment Acceptance Constitutes Release
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The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30. 0 NonAppropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31. 0 Mutual Cooperation

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

31. 2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32. 0 Time of the Essence
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Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

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

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

35. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
9- & n" jn
U.9R. . Ta
Attest:

M
CONSULTANT: Raftelis Financial
onsultants, Inc., a North Carolina
orporation
By:

Peiffe A. Brandt
C f Executive Officer
Cm
Christine McIntyre
Secretary
Approved as to Form:

By: jg;i6
Nicholas R. Ghirelli, City Attorney
case note, two signatures required
ui corporations pursuant to California
Corporations Code Section 393 from
each of the following categories: ( i) the
chairperson of the board, the president
or any vice president, and ( ii). the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
19 of 19

EXHIBIT A
Consultant' s Scope of Services

R R A F T E LIS

RAFTELIS
May 30, 2023
Ms. Iris Lee
Public Works Director
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Subject: Water and Wastewater Financial Plan
Dear Mrs. Lee,
Raftelis is pleased to submit this proposal for a water and wastewater financial plan. A financial plan is the first half of a rate study. The goal of a financial plan is to assess if your future expected revenue is sufficient to meet expenses over the next 5 to 10 years. We project expenses which include operating, capital, debt, and reserve funding expenses. Capital expenses may be funded through cash and/ or debt. We also plan for reserves. If revenue is not sufficient, the financial plan proposes a series of revenue increases to meet expenses and reserve targets.

As we discussed, we will not perform a cost -of -service study. A cost of service study allocates the City' s revenue requirements to each customer class. A cost -of -service study was performed in the 2021 rate study and we can use the resulting rate structure from this study. Therefore, if our financial plan identifies a need for 10% additional revenue, we will increase all current rates by 10% to yield the additional required revenue.

This letter proposal includes a scope of work. I will be the project manager assisted by a member of our financial consulting staff, and Gina DePinto, APR, who will lead the outreach efforts. Should you have any questions, please contact me using the contact information below.

Sincerely,
Steve Gagnon, PE (AZ)
Vice President
P.• 714 3512013
E. sgagnon@raftelis. com
445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071 www. raftelis. com,

RAFTELIS
Scope of Services
Task 1: Project Management, Kick-off Meeting, QA/QC, Data Collection and Communication Check-in Meetings
Note: We have assumed that staff meetings are virtual and City Council Meetings are in person.

The kick-off meeting is used to perform our due diligence. As part of the kick-off meeting, Raftelis will:

1. Discuss any items that you think may affect the City' s future financial health such as:
o large CIP projects
o changes in revenue or expenses
o changes in tax revenue
o
Inflation and the projection of future expenses including water purchase costs.

2. Identify objectives for the study.

3. Discuss the state of reserves and financial policies.

4. Discuss any data gaps or questions.

5. Review the schedule.

This task also includes general project management, correspondence, billing, QA/ QC, and data collection. Raftelis will prepare a data request and start preparing the financial model before the kick- off meeting.

The time and cost associated with quality assurance/ quality control (QA/ QC) is also included in this task and includes a QA/ QC review by a Sr. Analyst who is not involved with the project to review calculations and critique the approach.

For the communications and outreach planning and implementation tasks over several months or longer, we typically schedule biweekly virtual check-in meetings of 30 minutes, so we are in regular touch about what we' ve learned, what we' re doing, and whether anything about communications and outreach efforts needs to change.

MEETINGS
Kick-off meeting (in person)
30 -minute virtual check-in meetings ( 16 each virtual) primarily for communications and outreach tasks ( Tasks 6- 9)

DELIVERABLES
Data Request List
Task 2: Water and Wastewater Financial Plan
The financial plan assesses each utility' s financial condition and suggests revenue adjustments to ensure long-term fiscal sustainability. We will analyze the prior financial plan and compare it to the proposed financial plan to assess why additional revenue increases are needed. It is likely a combination of the following factors:
1) Decreased water sales with the prior year drought and heavy rains in early 2023. 2) Low inflation factors used to project expenses.
3) Increased OCWD wholesale rates.
4) Higher capital expenses than projected.
5) Depletion of cash reserves due to capital spending that was originally planned to be funded through bond proceeds.
6) Any other factors that increased expenses beyond those anticipated in the prior financial plan.

RAFTELIS 3
Raftelis will project expenses and revenue over a 10 -year planning horizon. If desired, we can model two to three different financial plan scenarios reflecting different revenue adjustments based on capital investment and other expenses.

As part of the financial plan we review and discuss typical reserves for operating, capital, and if applicable rate stabilization and emergency purposes.

Our models include a dashboard with the following features:

Flexibility to change assumptions such as water sales, CIP levels, debt issuance amounts, and revenue adjustments.

Error flagging of results such as failure to meet debt coverage, unmet reserve targets, etc.

Sensitivity analyses that can be viewed instantaneously.

A sample model dashboard is shown below.
la R FYE 2020 FYE 202f FYE 2022 FYE 2023 FYE 2024 FYE 2025 FYE 2029 Salectiorin_OPtiana — R—me Adjuatmsnta 3.7% 5. 0% 5. 0% 5.0% 5. 0% O. ON. 0. 0% Chert 3: Display Total Funds' AdjuatmantMonth Apdi April Apol' April April April APAI Display Years 5 Demand Reduction 0% 0% 0% 0% 0% 0% 0% Raftelis will develop Pass- through? FALSE Addrt Demand Factor 100% 100% 100% 100% 1007. loci. 100% Rata Revenue Calcaiatod Patnbla Wutsr Salsa 17, 936 AF 17, 652AF 17,635 AF 17, 719 AF 17,751 AF 17, 7941 AF 17, 817AF a customized Reryled Weter Saba Z,Ti6 AF 2,993 AF 2.993AF 2.993 AF 2,963 AF 2, 993 AF Z, 953AF ETpand( or Transyars and Proposed Debt OpDons; financial model that

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FYE9120 FYE ] 021 FYE Mn FYEN13 FYEMSA FYE 2010 FTE 1021 FYE 1021 FYEMS FYE 2024 We' ve assumed two virtual staff presentations to review the financial plan, solicit staff feedback and incorporate it into the financial plan.

MEETINGS
Two webinars to discuss the financial plan

DELIVERABLES
Financial Plan Model in Microsoft Excel
Task 3: Three City Council Presentations
We propose an introductory Council presentation to explain the need for additional revenue. The second workshop will show the financial plan results and the additional revenue increases needed. We will describe all assumptions that will include anticipated revenue based on water sales, inflationary assumptions, and water purchase costs. We have included a third workshop, if needed, to incorporate City Council feedback from the second workshop.

RAFTELIS 4

MEETINGS
Three City Council workshops

DELIVERABLES
Presentation materials in PowerPoint
Task 4: Draft and Final Report Preparation
Raftelis will prepare draft and final reports. The report will describe the assumptions used in projecting revenue and expenses and the revenue adjustments needed to meet expenses and reserve targets.

MEETINGS
Webinar or phone conferences as needed to discuss the Report

DELIVERABLES
Draft and Final Reports
Task 5: Public Hearing Presentation
To adopt the rates, the City must present the rates to the public at a public hearing. Raftelis will prepare a presentation and present study results at the public hearing. Our Project Managers, myselfincluded, do this often and are accustomed to answering questions from the Council and members ofthe public. We assume this meeting will be in person.

PLANNED MEETINGS:

One public hearing presentation
DELIVERABLES:

Public hearing presentation in PowerPoint.

Task 6: Community Meetings with Presentation
We will help the City go beyond communicating with its stakeholders to ensure it also engages with them, meaningfully, through the study process before decisions are made. We propose that Raftelis will help coordinate and present at two community meetings or open houses to inform the public about the need to adjust rates. These are separate from publicly noticed City Council meetings, workshops, and hearings. Open houses allow convenient, one- on-one communication with customers in a low conflict setting, ensuring that customers can get their questions answered and that City staff can benefit from community feedback. This process can be highly collaborative and iterative; the feedback we receive from key stakeholders will help guide the overall direction ofthe study and inform the methodologies and options ultimately selected for the final rate proposal. Our presentation will be reviewed by our communications staff who are experts at developing clear, compelling, and consistent messages that build awareness and support with stakeholders.

PLANNED MEETING( S):

Web meetings as needed to discuss the messaging, meeting logistics, and presentation; two in-person community meetings or open houses
DELIVERABLE( S):

Presentation in PowerPoint
Develop promotional materials including digital and print event notices, invitations, social media content, a press release, and direct mail postcard ( printing and postage are not included)

RAFTELIS
o Recommend producing 8- 10 graphic display/ poster boards for use in the open houses o Logistical coordination and on- site facilitation of the open houses o Gathering feedback from participants
o Compiling a summary report of feedback
Task 7: Proposition 218 Public Notice Preparation
While requirements of Proposition 218 notifications are easy to satisfy, too many municipalities and utilities miss the opportunity to educate and inform ratepayers. Over the years, Raftelis has designed countless Proposition 218 notifications that go beyond the minimum dictated by statute to deliver visually appealing pieces that customers want to read. We will draft the content and match the City' s established brand guidelines to design custom graphics that support clear, positive messaging in the Notice. Once these arrive in mailboxes, customers will not only be properly notified but will understand the City' s needs and be more likely to support rate adjustments.

PLANNED MEETING( S):

Web meetings as needed to discuss the public hearing notice DELIVERABLE( S):

Draft notification language for the City' s legal counsel' s review/ approval, designed notification with two rounds of revisions, and final press -ready PDF in English. As needed, the City will provide language translations to be included in the final designed Notice.

Task 8: Communication and Outreach Plan Development
As a first step in getting a comprehensive look at how we can build a strategy most effectively, Raftelis will conduct a two- hour in-person outreach kickoff meeting followed by a communications analysis to identify areas we can leverage.

It' s in our best interest to invite staff who participate in the City and Public Works Department communications assets to participate in the kickoff because we will review assets, obstacles, challenges, and opportunities with respect to communications and outreach to obtain a clear picture of your working environment and staff resources. We' ll amass your internal and external stakeholders, communication materials, channels, and programs and evaluate what' s working, or what may need a tweak. Doing so provides us with a foundation to build an effective plan.

From there, Raftelis will develop an outreach plan that includes the following components:

Situation analysis — this is a combination ofinternal research and input gathered in the kickoff workshop.

Stakeholder identification — stakeholder mapping is inserted into the plan to show how key stakeholders are connected to the communication process. It also identifies special population communication needs such as necessary translation services, or community communication preferences.

Communication channel identification - this section covers which communications channels will be used to reach stakeholders, such as the City' s website, social media, printed and electronic materials, bills, direct mail, newsletters, and other available opportunities.

Messaging platform — this provides messages about why rates are changing, how the results will be implemented, and potential impacts to customers for use in such materials as FAQs, infographics, website updates, bill inserts, etc.

Internal communication strategies — this section will provide guidance to ensure all City staff are aware ofthe rates study and feel prepared and empowered to answer questions about it or where to direct stakeholders for information.

Community engagement techniques — this section will identify the techniques we will recommend for community engagement to ensure key stakeholders from each customer group and the development community, potentially highly impacted customer groups, underrepresented populations, etc., all have an opportunity to provide input into decision making.

RAFTELIS
Traditional and social media strategies — this section will provide an approach to using local media and your social media platforms for reaching your community with information.

Materials — this section will identify materials we recommend that we can develop for you to help us communicate such as newsletters, fact sheets, brochures, flyers, webpages, and an explainer video of legal rates setting.

Success measures — this section will identify the outputs and outcomes we will use to measure project success.

Implementation plan — this section ensures the Outreach Plan is accessible, usable, and practical. It identifies roles, responsibilities, materials, activities, and their due dates. We will refer to this document during project update calls.

PLANNED MEETING( S):

One in-person outreach kickoff meeting, two virtual meetings to review the draft Outreach Plan and receive feedback DELIVERABLE( S):

Draft and Final Communications and Outreach Plan with message platform, FAQs, one press release, social media content
Task 9: Materials Development
Key messages developed as part of the Communications and Outreach Plan come to life when woven together into powerful communications pieces by Raftelis' strategic communicators and professional graphic designers. Visual representation of proposed rate changes in an easy -to -understand and accessible format significantly improves customer understanding ofrate structure changes that may impact customer bills. Raftelis can provide a suite of communications pieces to assist with communicating rate and rate structure changes in print, online, or in person.

Exact materials will be determined in consultation with you, with specific estimates provided before expending time and materials. As a rough estimate, a brochure or fact sheet averages around $ 1, 500 each. A 2 -minute explainer video is roughly $ 2, 500-$ 5, 000 depending on content and format ( animation vs original b -roll, etc.). Generally, there are cost savings as more materials are produced using similar content and design.

PLANNED MEETING( S):

Web meetings as needed to discuss materials development DELIVERABLE( S):

Materials as requested
As proposed, hours built in for design and development of 2- 3 products

RAFTELIS
Raftelis proposes to complete the scope of work outlined above on a time -and -materials basis for the fee shown below.

The following table shows our proposed fee based on our hourly rate and estimated hours. The fee shows an optional task for a communications and outreach plan and materials development.

St; - Statt Uansultants k Total Fees & Expenses
GD- Graphic Designer i - —
t
j Number of
Virtual In -Person Total Fees &
Tasks Y Meetings Meetings PM CS SC GD Total Expenses

1. Project Management, Kick- off Meeting and 16 1 i 14 1'4i 10 38' 10, 593
QA/ QC, Communications . Check -ins

2.. Water and Wastewater Financial Plan 2 r 80 j24 56 18, 760 r

3. Three City Council Presentations 3 20 3 6, 2 31
r
9,449

4. Draft and Final Reports i ; 10 34 44 f $ 9, 790
5- Public Hearing Presentation11 8 4 2 14 4,363

6. Community Meetings with Presentation 2 t
2 1.0 14
4 4. 1 32
d
1 $ 8,826

7. Proposition 218 Public Notice Preparation 2 i 2 12 t1 10 26 5, 825

8.. Communication & Outreach Plan 21' 1 30 i 6 37 9, 533 i 1
9: Materials Development 4 11 10 1 12 24 5, 275
28 8 t 990 87 114 34 325
340 260 175 160
30, 600 22, 620 19, 950 73, 170
Total Fees 73, 170
PM - Project Manager, Steve Gagnon, PE ( AZ) r
CS - Communications Staff, Gina DePinto, APR i 1
Total Expenses 9, 245
St; - Statt Uansultants k Total Fees & Expenses
GD- Graphic Designer i - —
RAFTELiS 8
Schedule
A proposed schedule is shown below. It assumes that Raftelis will receive data by late July and that we will implement rates for January 2024.

Notice to Proceed

1. Project Management, Kick- off Meeting and
QA/ QC, Communications Check -ins
City Provides Requested Data

2. Water and Wastewater Financial Plan
Kick- off Meeting

3. Three City Council Presentations

4. Draft and Final Reports

6. Public Hearing Presentation

6. Community Meetings with Presentation

7. Proposition 218 Public Notice Preparation
Public Noticing Period

8. Communication & Outreach Plan
9: Materials Development

JUN JUL AUG SEP OCT NOV DEC JAN
7k'
0 0
Q O O
O

1.1 EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

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

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

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

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

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

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

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

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

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. rliantif• 1722AAq RAFTEFIN
ACORD.. CERTIFICATE OF LIABILITY INSURANCE
DATE ( NNNDD/ YYY`/)
6/ 15/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

USI Insurance Svcs, Charlotte
6100 Fairview Road Ste 1400
Charlotte, NC 28210
800 868-8834INSURER
GU
NAME:ME: I Brad Christensen

PHONE FAX
AIC, No, Ext): AIC, No):

ADDRESS: E- MAIL brad. christensen@usi. com
INSURER( S) AFFORDING COVERAGE NAIC #
A National Fire Insurance Co. of Hartford 20478

INSURED
Raftelis Financial Consultants, Inc.
227 West Trade Street, Ste. 1400
Charlotte, NC 28202
INSURER B: Continental Insurance Company 35289
INSURER C: American Casualty Company of Reading PA 20427 INSURER D: Continental Casualty Company 20443
INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR LTR TYPE OF INSURANCE

ADDLISUBR

INSR WVD POLICY NUMBER

POLICY EFF
MIDD

POLICY EXP
D
LIMITS
A X COMMERCIAL GENERAL LIABILITY 6076000011 0112112023 01/ 21/ 202 EACH OCCURRENCE $ 1, 000,000 PREMISES Ea occu nce 5500, 000 CLAIMS - MADE 1 OCCUR
MED EXP (Any oneperson) 515,000
PERSONAL & ADV INJURY S1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS - COMP/ OP AGG 52, 000, 000 X POLICY
PROJECT LOC
OTHER:

D AUTOMOBILE LIABILITY BUA6076000025 1/ 21/ 2023 01/ 21/ 202 EDacct CNDSINGLELIMIT $ 1, 000, 000 BODILY INJURY ( Per person) S

ANY AUTO
OWNED SCHEDULED BODILY INJURY ( Per accident) S

AUTOS ONLY AUTOS

HIRED NON - OWNED

X AUTOS ONLY X AUTOS ONLY
PROPERTY DAMAGE 5
Per accident
5 B X UMBRELLA LIAB X OCCUR CUE6076000039 1/ 21/ 2023 0112112024 EACH OCCURRENCE $ 5, 000, 000 EXCESS LIAB CLAIMS - MADE AGGREGATE s5, 000, 000
DED I X RETENTION 510000 S
C WORKERS COMPENSATIONWC676000042 AND EMPLOYERS' LIABILITY N

ANY PROPRIETOR/ PARTNER/ EXECUI
YIN
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
NIA
WC676305637
1/ 21/ 2023
1/ 21/ 2023
01/ 21/ 202
0112112024

X PERTUT OTH -
A PR
E. L. EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE - EA EMPLOYEE 31, 000, 000
E. L. DISEASE - POLICY LIMIT 51, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below
D Professional 652071235 D112112023 0112112024 5, 000, 000 Aggregate 5, 000, 000 Occurrence
3/ 4/ 1994 Retro Date
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Seal Beach its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be See Attached Descriptions)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street ACCORDANCE WITH THE POLICY PROVISIONS.

Seal Beach, CA 90740

AUTHORIZED REPRESENTATIVE
40ai,_ L U 6d,
W Tyt$t5- ZU 10 At- UKU L UKrUKH I IUM Mu I IyI Iu I U Ul vwu.

ACORD 25 ( 2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD S40414805/ M39162930 LUSZZ
I. DESCRIPTIONS. ( Continued from Page 1)
covered as additional insuredswith respect to General Liability, Automobile and Umbrella will follow form as per written contract. The coverage afforded to the Additional Insured is on a Primary and Non Contributory basis for General Liability, Automobile and Umbrella if required by written contract. Waiver of Subrogation applies to General Liability, Automobile, Workers Compensation and Umbrella policies in favor of the above listed Additional Insured per written contract. A 30 day notice of cancellation will be given except for non- payment of premium will be 10 days if required by written contract.

SAGITTA 25. 3 ( 2016103) 2 of 2
S40414805/M39162930

Agenda Item I

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing a Professional Services Agreement with Silsby Strategic Advisors, Inc. for the San Gabriel River Trash Mitigation Initiative
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7501:

1. Approving and awarding a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-to-exceed amount of $144,000 to provide strategic support services for the San Gabriel River Trash Mitigation Initiative; and,

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

3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative.

BACKGROUND AND ANALYSIS:

Page 2 ends

After comprehensive research efforts were completed and presented to the Working Group on January 19, 2024, follow-up action items were established and allocated to various Working Group members. The totality of current and future associated efforts has been called the San Gabriel River Trash Mitigation Initiative (“Initiative”). One of the initial actions included the development of high-level cost estimates to implement a long-term mitigation strategy over various phases and to identify near term and future funding sources. The preliminary identified phases include a Feasibility / Alternative Recommendations Study (“Study”), Final Design, and Implementation to complete the Initiative.

The County of Orange, via Supervisor Andrew Do’s Office, has indicated a desire to contribute funds to kickstart this important initiative with a focus on the initial Study phase. This phase proposes to conduct initial outreach to key stakeholders (including public agencies having jurisdiction), environmentally focused organizations, scientific entities (e.g., the Aquarium of the Pacific), regional watershed management committees, and other interested or impacted parties that will be identified as the Study progresses.

On February 27, 2024, the Orange County Board of Supervisors approved a grant to the City of Seal Beach in the amount of $525,000 for the Initiative, and authorized execution of a grant agreement with the City, and by Resolution 7499, the City accepted the County grant and approved execution of the grant agreement with the County of Orange.

While the entire initiative is estimated at roughly $6 million over the next three (3) to five (5) years for all phases, the initial Study and supporting resources to procure external technical services, coordinate stakeholder engagement, and oversee execution of the Study is estimated at $494,000. Under a previous action, the City Council authorized receipt of $525,000 from the County of Orange to execute associated actions and oversight efforts for initial elements of the Initiative.

Specialized external resources are needed for the Initiative with unique expertise including coordination of high-level stakeholder engagement, knowledge of the associated local government processes for execution, background in area flood control facilities, program management, and project oversight of multiple elements and agency outreach. Silsby Strategic Advisors, Inc. – via its CEO Shane Silsby and supporting subconsultant – has been identified as the most qualified firm for delivering the necessary services and Mr. Silsby already has familiarity with the Initiative and the Working Group members.

Silsby Strategic Advisors, Inc. submitted a proposal in a not-to-exceed amount of $144,000 to provide services for the City’s responsibilities linked to the Initiative.

Associated tasks will include the following:

1. Key Stakeholder Coordination

2. Program Management for the Initiative

3. Project Management for the Study phase

4. Coordination with Operations and Maintenance Teams

Page 3 ends

5. Funding Strategies for Future Phases
Staff requests approval for a not-to-exceed amount of $15,000 for contingency if additional analysis or support activities are required to enhance the Initiative beyond the initial Study area or to address comments received from stakeholders and community collaboration meetings not yet accommodated within the Study work product. This would only cover services that are beyond the scope included in the initial proposal from Silsby Strategic Advisors, Inc.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Silsby Strategic Advisors, Inc. will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Costs associated with the Agreement will be expensed from the San Gabriel River Trash Mitigation Initiative account that was funded by the County of Orange’s appropriation to cover the Initiative’s initial study. Any unspent funds will be returned to the original funding source.

The table below represents a breakdown of the total funding to support this Initiative:

Description Amount
Strategic Support Services (SSA Fee Proposal) $ 144,000 Contingency $ 15,000
Project Budget $ 159,000
STRATEGIC PLAN:

This item is not applicable to the current Strategic Plan; however, trash collection issues linked to the San Gabriel River was discussed as a Proposed Strategic Priority in April 2023.

RECOMMENDATION:

That the City Council adopt Resolution 7501:

Page 4 ends

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

3. Authorizing the City Manager to approve additional work requests up to $15,000 in connection with the San Gabriel River Trash Mitigation Initiative.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7501
B. Agreement with Silsby Strategic Advisors, Inc.

RESOLUTION 7501

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING A PROFESSIONAL

SERVICES AGREEMENT WITH SILSBY STRATEGIC
ADVISORS, INC. FOR THE SAN GABRIEL RIVER

TRASH MITIGATION INITIATIVE
WHEREAS, representatives of the State of California Assembly, the County of Orange (“County”), County of Los Angeles, City of Long Beach, and City of Seal Beach (collective known as the “Working Group”) endeavor to enhance cooperative efforts, support technical feasibility, design, and implementation activities, review property ownership, and identify funding for the San Gabriel River Trash Mitigation Initiative (“Initiative”); and,
WHEREAS, the Initiative includes program management, project oversight, key stakeholder engagement, a feasibility / alternative recommendations study phase, a final design phase, an implementation phase, and operational beach clean-up efforts for the public beach owned and maintained by the City of Seal Beach (“City”); and,
WHEREAS, the County approved a grant in the amount of $525,000 to the City and authorized execution of an agreement to assist the City with implementing associated Initiative efforts including program management, project oversight, key stakeholder engagement, the feasibility / alternative recommendations study phase, and operational beach clean-up efforts for the public beach owned and maintained by the City; and collaborate in good faith in the delivery of these outlined responsibilities; and,
WHEREAS, on March 25, 2024, City Council adopted Resolution 7499 accepting the $525,000 grant from the County of Orange and authorizing the City Manager to execute the grant agreement with the County and take other applicable actions associated with the Initiative; and,
WHEREAS, the line item costs for program management, high-level project management, and other support services were estimated at $144,000 of the total $525,000 grant; and,
WHEREAS, based on review of consultant qualifications, familiarity with the Working Group, Initiative, area flood control facilities, and experience in multiagency initiatives Silsby Strategic Advisors, Inc. (“SSA”) was identified as a qualified and cost-effective firm for the Initiative; and, WHEREAS, SSA submitted a proposal in a not-to-exceed amount of $144,000 to provide professional strategic support services for the Initiative; and, WHEREAS, based upon SSA’s proposed work to be performed pursuant to the Agreement and related documents, the City Council finds that SSA is a qualified firm to perform services in support of the Initiative.

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

Section 1. The foregoing recitals are true and correct and are hereby adopted by reference as though set forth in full.

Section 2. The City Council hereby approves and awards a Professional Services Agreement with Silsby Strategic Advisors, Inc. in a not-toexceed amount of $144,000 to provide professional strategic support services for the Initiative; and,
Section 3. The City Council authorizes and directs the City Manager to execute the Agreement; and,
Section 4. The City Council authorizes the City Manager to approve additional work requests up to $15,000 in connection with necessary extra work for the Initiative.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of March 2024 by the following vote:

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

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7501 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 March 2024.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
San Gabriel River Trash Mitigation Initiative –
Strategic Support Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Silsby Strategic Advisors, Inc.
1515 Dorothy Lane
Newport Beach, CA 90740
(949) 734-0534
This Professional Service Agreement (“the Agreement”) is made as of March 25, 2024 (the “Effective Date”), by and between Silsby Strategic Advisors, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional strategic support services.

B. Pursuant to its authority under Government Code Section 26227, the County of Orange approved a grant to the City of Seal Beach for the San Gabriel River Trash Mitigation Initiative (“Initiative’), and entered into an agreement with the City for the Grant to assist the City in implementing the Initiative.

C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City solicited a proposal from Consultant for performance of professional services for implementation of the Initiative, and Consultant submitted a proposal dated February 11, 2024 to perform the professional services defined and described in Section 1.0 of this Agreement.

D. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

E. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those design professional services in accordance with the terms and conditions of this Agreement.

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

AGREEMENT

1.0 Scope of Services

1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Consultant’s accepted Proposal dated February 11, 2024 (“Proposal”), attached hereto as Exhibit A (including Proposal and Scope of Work, Proposed Compensation, Supporting Qualifications, and Subconsultant Proposal from Aztec Engineering, Inc. dated January 8, 2024); and Agreement between the County of Orange and the City of Seal Beach for District Discretionary Funding dated March 25, 2024 (“County Agreement”), attached hereto as Exhibit B, all to City’s reasonable satisfaction.

The Services relate to the following City project: San Gabriel River Trash Mitigation Initiative (“Project”).
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1.2. Agreement Documents; Incorporation by Reference; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement, and all of the following: (i) the Proposal (Exhibit A); and (ii) County Agreement (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C); all of which are incorporated herein by this reference.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit B (County Agreement); and then (iv) Exhibit A (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B and C, on the other hand, the Agreement shall control.

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

1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative.

1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 4 of 22

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

2.0 Term

2.1. Original Term. The term of this Agreement shall commence on March 25, 2024, and shall remain in full force and effect until December 31, 2025, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will City pay more than the total not-to-exceed amount of $144,000 (One Hundred Forty-Four Thousand dollars and 00/100) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit A, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

4.0 Method of Payment
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.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination.

5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal 5 of 22
or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City’s acknowledgment of receipt of Consultant’s notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination.

Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

6.2. Shane Silsby is the Consultant's primary representative for purposes of this Agreement. Shane Silsby shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
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7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Silsby Strategic Advisors, inc.
1515 Dorothy Lane
Newport Beach, CA 92660
Attn: Shane Silsby

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

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

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

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail 7 of 22
address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s 8 of 22
covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

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

10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment 9 of 22
being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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12.0 Confidentiality

12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena.

12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement.
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14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours’ notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement.

Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

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

17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section.
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17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

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

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

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

17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

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

17.4. Additional Insureds.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those 13 of 22
City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

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

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

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

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

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

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or 14 of 22
eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

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

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
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17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not 16 of 22
limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity 17 of 22
involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

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

18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees.

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

19.0 Non-Discrimination and Equal Employment Opportunity

19.1. Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, 18 of 22
sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law.

19.2. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law.

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

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

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

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

24.0 Government Code Claim Compliance
In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit 19 of 22
based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both).

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

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

28.0 Prohibited Interests; Conflict of Interest

28.1. 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 20 of 22
Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

28.2. 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.

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

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

30.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any 21 of 22
retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

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

32.0 Mutual Cooperation

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

32.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

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

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

35.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
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36.0 Recitals
City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

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

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

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Silsby Strategic
Advisors, Inc., a California corporation
By: __________________________
Shane Silsby
President
By: __________________________
Shane Silsby
Secretary
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

EXHIBIT A

PROPOSAL
(Consultant’s Proposal for San Gabriel River Trash Mitigation – Strategic Support Services,
dated February 11, 2024)
February 11, 2024
Iris Lee
Director of Public Works
City of Seal Beach – Public Works Department
211 Eighth Street
Seal Beach, CA 90740
Submitted via email: [email protected]
Subject: Strategic Support Services Proposal for SGR Trash Initiative

Dear Ms. Lee:

Silsby Strategic Advisors, Inc. is submitting this proposal to provide strategic support services to assist the City of Seal Beach (City) with the San Gabriel River Trash Mitigation Initiative. A detailed summary describing the background and anticipated scope of work are summarized in Exhibit “A,” the associated proposed compensation is outlined in Exhibit “B,” supporting qualifications have been provided in Exhibit “C,” and the subconsultant proposal has been referenced in Exhibit “D.” I appreciate this opportunity to provide services to the City in support of this important strategic initiative.

If you would like to discuss this proposal or need any additional information for your review, please do not hesitate to contact me at 517-896-9460 or at [email protected].

Respectfully submitted,
Silsby Strategic Advisors, Inc.

Shane L. Silsby
CEO and Founder

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EXHIBIT “A”
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

BACKGROUND
The City of Seal Beach (City) is interested in utilizing services to supplement internal resources at a time when the City is tasked with coordinating and facilitating major projects, operational activities, and regional coordination efforts at the same time, while also keeping an eye on future opportunities. The scope and scale of these initiatives, the overlapping timing of expected delivery, creates strains on the City’s capacity and can negatively impact daily service efforts if supplemental resources are not leveraged.

Additionally, the City has a number of strategic initiatives that require specialized, time-intensive efforts in concert with coordination between various other external agencies at the local, county, state, and potentially federal levels. The following background provides greater detail on the needs and goals of external services, including categories of support for this proposal.

Growing Need for External Advisory Services
The reasons for increased use of third-party owner’s representatives (or owner’s advisors) are generally driven by a combination of the growing technical complexities and economic risks associated with modern infrastructure projects, the evolution of new and more complex project delivery methods, unique funding opportunities, the need for political awareness at multiple levels of government, and increased specialization of design professionals who have historically served the role of owner’s representative.

Additionally, the pandemic has put significant strains on existing public agency staff who are dealing with heavy workloads due to a booming housing market and federal infrastructure dollars, the inability to fill numerous positions due to a talent war, and the unusually high number of employees leaving the public sector workforce. Thus, both private owners and public-sector awarding authorities are retaining thirdparty advisors to supplement their internal management and administrative capabilities and address capacity gaps in monitoring services rendered by design professionals, land developers, and construction contractors.

Broad Range of Skills and Services
Given that internal public agency teams have a host of work issues and competing priorities within their areas of responsibility, engaging the services of an owner’s representative and other external resources off-loads significant pressures – especially for highly visible, politically charged projects, and / or fiscally constrained initiatives. External representatives filling this role need to be well versed in key fundamentals of architectural design, engineering, construction and construction field management, economic evaluations, project scheduling, public agency budget development, value engineering, public procurement practices, and dispute resolution. Acknowledging the heightened level of community interest and engagement, excellent communication and facilitation skills are also paramount.

PROPOSED SCOPE OF WORK
Silsby Strategic Advisors, Inc. (or “Silsby Strategic Advisors”) will provide “External Support Services” to assist the City with oversight and actions associated with the San Gabriel River Trash Mitigation Initiative (hereafter, the “Initiative”) and will focus on several strategic elements that require specialized, timeintensive efforts in concert with coordination between various other agencies. The entire initiative is anticipated to include at least three phases – 1. Feasibility / Alternative Recommendations Study; 2. Final

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Design (based upon recommendations from Phase 1 and includes applicable permitting activities); and 3.

Implementation (constructing physical improvements from the approved Final Design). The Scope of Work associated with assisting the City in this high-level strategic initiative includes:

Meetings, Research, and Initial Coordination
The External Support Services will include meetings with the City to clarify alignment on the primary direction of focus to best position the City for success. These efforts will also include productively identifying and resolving known liabilities and facilitating enhanced coordination with key stakeholders.

Stakeholder meetings with the targeted agencies or departments are presumed to be at the level of key decision-maker and / or applicable technical staff to complete and verify research for the proposed funding categories.

The External Support Services will also include regular communication with the City to course correct throughout the initiative, as necessary, based upon new direction from the City and/or requested adjustments by key stakeholders. Deliverables for this portion of the scope of work will generally include information / materials for utilization in presentations for the City to use with key stakeholders or follow up actions from meetings with team members and stakeholders.

Enhanced External Coordination and Reporting
As needed, Silsby Strategic Advisors will contact any other supporting consultant(s) hired by the City to establish professional working terms, as well as providing flow-through information or reports as requested by the City.

Primary Tasks for this Initiative
Silsby Strategic Advisors will be the Prime Consultant and proposes to have a primary focus on the following elements:

1. Coordination and engagement with key stakeholders. More specifically, these stakeholders are expected to include State Assemblymember (ASM) Dixon’s Office, State ASM Lowenthal’s Office, County of Orange, County of Los Angeles, City of Long Beach, City of Seal Beach, Surfrider Foundation, and potentially various cities or committees / management groups in the applicable watershed areas of the San Gabriel River (SGR). This Task also includes support for the ongoing Working Group meetings.

2. Act as “Program Manager” for the 2024 elements of the Initiative which includes – a. Supporting the City during public procurement processes, including review or development of documents – i.e., Request for Proposals (“RFP”), review and scoring submittals as ex-officio, and assisting with responses during Question-and-Answer periods. b. Providing recommendations on project delivery methods to increase Implementation phase predictability and reduce cost and schedule risks.
c. Facilitating the development, and QA/QC review, of scope of work documents and exhibits for the Feasibility / Alternative Recommendations Study phase. d. Oversee subconsultant services to develop and refine the scope of work, associated technical exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility / Alternatives Study phase. e. Preparing cost estimates and fiscal year targets, as needed, for various phases of the Initiative. f. Provide enhanced liaison services with the County of Orange to present cost and scope information for the County to consider in advance of funding agreements for the initial program phase(s).

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g. Continue efforts with the State of California to finalize land ownership clarity with the State Lands Commission and to work with various Legislative Offices to advocate for final design and capital construction funding for the Project Implementation Phase.

3. Act as high-level “Project Manager” for the Feasibility / Alternative Recommendations Study (“Study”) to enhance the City’s oversight, including –
a. Focus on establishing the Study's requirements and deliverables and then tracking them over the approved delivery schedule.
b. Define and outline all work elements to be included within the Study, such as objectives, tasks, outputs (i.e., deliverables), and schedules / deadlines. c. Recommend the most effective and efficient project delivery methods for the implementation phase (i.e., design-build versus low-bid, etc.).
d. Participate in as-needed public outreach (i.e., Working Group meetings, town halls, City Council updates, etc.) and track expectations and action items of key stakeholders.

4. Coordination with the ultimate agency or agencies having jurisdiction for the SGR outlet and its key operations and maintenance personnel to gather input on final design elements and provide recommendations on future associated maintenance activities.

5. As requested, develop local strategies, and coordination with regional entities, to support initiatives to identify or create possible funding sources beyond those outlined above.

The strategically selected subconsultant, Aztec Engineering Group, Inc., proposes to have a primary focus on the following elements to support Silsby Strategic Advisors with Task #2 above:
 Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility / Alternative Recommendations Study phase.
 Provide supporting information to inform budgetary requests and cost estimates, as needed, for various phases of the Initiative. Attend meetings with technical stakeholders, refine supporting documents as necessary, and manage the effective delivery of subconsultant services.

Additional Support Services
Silsby Strategic Advisors will provide strategic services including, but not limited to, those outlined above.

However, if the City requests that these services be enhanced in any way by the addition of tasks or the deletion of any specified tasks, all efforts will be made to accommodate those adjustments under terms of mutual agreement.

As requested by the City via a contract amendment or other vehicle, Silsby Strategic Advisors stands ready to provide high-level Project Management and Stakeholder Engagement activities in 2025 for the Final Design phase and in 2026 - 2027 for the Implementation phase.

TERM OF SERVICES
The proposed term for the described scope of services is to be from contract execution to March 31, 2025, unless all elements are completed earlier. At that time, all parties can reassess the progress and initiative support needs for the remainder of 2025 and beyond.

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EXHIBIT “B”
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

PROPOSED COMPENSATION (FEE)
Silsby Strategic Advisors, Inc. is pleased to provide the following proposed compensation breakdown to support the San Gabriel River Trash Mitigation Initiative. The specific daily activities associated with the scope of work are subject to change based upon the timing of identified funding, the positioning of other organizations, and impacts from stakeholder and community interests. Therefore, services provided under this contract are proposed to be a combination of time and materials and lump sum structures.

For maximum flexibility, a contract totaling a not-to-exceed value of $144,000 is proposed be executed to create a draw down pool for the time and materials and lump sum efforts associated with the Prime Consultant Scope of Work in Exhibit “A” and the Subconsultant Scope of Services referenced in Exhibit “D”. The proposed Prime Consultant services will be performed by Shane Silsby of Silsby Strategic Advisors, and he will be the primary point of contact with the City. The proposed Subconsultant services will be performed by Aztec Engineering Group, Inc. but will be overseen and managed by Shane Silsby.

The breakdown for the compensation to support this proposal is:

Silsby Strategic Advisors, Inc. services
Task 1 – Key Stakeholder Coordination [Time: 30 hours at $300 / hour] = $ 9,000 Task 2 – Program Management for Initiative [Time: 135 hours at $300 / hour] = $40,500 Task 3 – Project Management for Study [Time: 140 hours at $300 / hour] = $42,000 Task 4 – Coordination with O&M teams [Time: 4 hours at $300 / hour] = $ 1,200 Task 5 – Funding Strategies [Time: 4 hours at $300 / hour] = $ 1,200 Other direct reimbursable expenses (as approved) = $ 330 Prime Consultant subtotal $94,230
Aztec Engineering Group, Inc. services
Draft and Final RFP Scope of Work [Lump Sum – upon completion] $37,350 Meetings, Coordination and Project Management [Lump Sum] $12,420 Subconsultant subtotal $49,770
Total Proposed Compensation / Fee [Capacity Pool] $144,000

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EXHIBIT “C”
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

PRIME CONSULTANT - QUALIFICATIONS
Throughout his career, Silsby L. Silsby, MsCE, PE, has established a reputation as a transformational leader who is driven by challenge, undeterred by obstacles, and committed to furthering standards of excellence.

His expertise encompasses all aspects of strategic oversight within both the public and private sectors from complex negotiations, to controlling costs and maximizing revenues through effective strategies that harness team strengths and improve enterprise-wide performance. Further, his ability to build consensus among executive teams and stakeholders, to promote transparency, and to influence positive change, has been repeatedly proven. Mr. Silsby is the current CEO and President of Silsby Strategic Advisors, Inc.

Former Private Sector Positions
Senior Vice President – International Engineering Services Firm (West Region). Leadership team member responsible for developing key client relationships and providing client management initiatives.

Responsible for regional strategic initiatives, such as high-level market assessments, enhanced client focus plans, talent acquisition of key positions, improved pursuit elements, and organizational recommendations to increase success rates. Developed strategic initiatives such as Olympic venues and infrastructure attraction and implementation plans. Took on additional responsibilities for oversight of the regional business development activities including direct management of regional practice leaders in transportation, planning, water, and land development. Indirectly coordinated support staff to implement business success strategies across the region while customizing approaches for each sub-geography. West Region Business: ~600 positions in 12 offices across 5 states.

Chief Operating Officer – Global Architectural/Engineering Firm (West Region). Executive responsible for building / refining the organizational capabilities needed to deliver business results and sustain high performance within the business lines. Provided hands-on dynamic leadership to the organization and focused on executing the company’s vision. Acted as a change agent to build on the firm’s impressive track record and make the organization even more effective through operational excellence. Responsible for guiding implementation of projects / services, ensuring client satisfaction, and contributing to growth opportunities. Built organizational capabilities through robust performance management, mentoring and development, effective strategic recruiting, and talent management. West Region Business: ~1,600 positions in 30 offices and FY20 GR of $587 Million / NSR of $396 Million / EBITDA of $36 Million.

Former Public Sector Positions
Director of Public Works - Orange County, California. Executive that created the mission and long-term vision for OC Public Works based on efficient and effective responsiveness to the public and client department needs; oversaw the development of strategic plans and department goals; established policies and determined priorities; adjusted plans to respond to emerging or urgent issues; and directed the allocation of resources to achieve timely outcomes and measurable goals within the County’s budget guidelines. During his tenure at Orange County, Mr. Silsby’s reputation as a professional problem solver with a focus on delivering results earned him the honor of being named 2016 Public Works Leader of the Year by the American City & County magazine. Additionally, he was named the 2017 Top Leader of the Year by the SoCal Chapter of the American Public Works Association.

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Deputy Director for the Street Transportation Department - City of Phoenix, AZ. Management responsibility for the planning, coordination, and design plan review for long- and short-term project development; programming of funds for capital improvement projects ($500 million 5-Year program); coordination of federal / state aid procurement – including ARRA 2009 federal stimulus funding; and provision of environmental assessments for all ground disturbing Street Transportation projects.

Responsibilities also included the functions of Floodplain Management, Utility Coordination, Utility Inspection, and Street Lighting. Finally, the transference of the City Engineer functions to the Street Transportation Department in May of 2011 added citywide Procurement Services, Labor Compliance, and Small Business Enterprise management to the division for oversight responsibility.

Major Projects / Downtown Team Leader for the Development Services Department - City of Phoenix, AZ.

During four plus years with the Development Services Department, Mr. Silsby worked on over 1,000 development projects ranging in use and size from a new local restaurant to the $1 billion Cityscape downtown redevelopment project. For two years, he led the Downtown Development Team through review and approval of high-profile projects such as the Arizona State University (ASU) Walter Cronkite School of Journalism / KAET Channel 8 Studios, the ASU Capstone Student Housing Project, the Historic Luhrs Complex rehabilitation, and the PetSmart Headquarters home office expansion.

Division Head / Transportation Engineer for the Transportation & Parking Office - City of Lansing, MI.

Responsibilities included project oversight, regional coordination of transportation projects, providing reports and presentations to the Mayor, City Council members, citizen boards, and the public. Highlights encompassed several major projects including the construction closure of a cross town freeway through the heart of the City, a two-way street conversion study effecting the traffic patterns of several downtown streets, and the Capitol Loop project that reconstructed many of the downtown streets surrounding the State Capitol building and impacting the City’s most recognized business core.

Education & Credentials
Mr. Silsby holds a master’s degree and bachelor’s degree in civil engineering from Michigan State University. He is also a registered Professional Engineer in the states of Arizona and Michigan. Finally, he is a two-term member of the American Public Works Association Government Affairs National Committee.

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EXHIBIT “D”
Strategic Support Services Proposal for SGR Trash Mitigation Initiative SUBCONSULTANT – OUTLINE OF PROPOSED SCOPE OF SERVICES
Provided by Aztec Engineering Group, Inc. – See attached.

AZTEC Engineering Group, Inc.
30 Executive Park, Suite 120
Irvine, CA 92614
January 8, 2024
Shane Silsby, CEO & Founder
Silsby Strategic Advisers
Newport Beach, CA
RE: Scope/Cost Estimate for San Gabriel River Trash Recovery Initiative Silsby Strategic Advisers
Shane:

Per your request, AZTEC is pleased to submit this scope of services and cost estimate to provide scope definition, potential project planning and feasibility cost estimates, and overall support to prepare the San Gabriel River Trash Recovery Initiative Program RFQ. Please refer to the scope and cost estimate attached for reference and added detail.

The total cost estimate is $49,770.

We appreciate the opportunity to work with Silsby Strategic Advisors (SSA) on this important program to improve the quality of life for the residents of the City of Seal Beach. Should you have any questions, please call me at (714) 315-2247 or email me at [email protected].

Sincerely,
Michael Amling
Senior Vice President
AZTEC Engineering Group, Inc.
cc: Michael Shirley, AZTEC
Scott McKenzie, AZTEC
2 AZTEC Engineering Group, Inc.
30 Executive Park, Suite 120
Irvine, CA 92614

AZTEC SCOPE OF SERVICES
Silsby Strategic Advisers
San Gabriel River Trash Recovery Initiative

1. Task Understanding
Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending Request for Proposals or Direct Selection of a professional consulting firm to provide services to complete the Feasibility / Alternatives Study phase and potential Final Design to address trash recovery concerns impacting the San Gabriel River and its outlet to the Pacific Ocean between Alamitos Bay and the beaches of the City of Seal Beach.

2. Assumptions
• Up to 4 meetings (SSA, City of Seal Beach, Working Group, Interested Stakeholders) • The Development of the RFP Scope, necessary meetings, and overall coordination for this phase will not exceed 6 months. • If SSA determines the need for support during the procurement phase of this RFQ process to review and evaluate respondents’ submittals, AZTEC will request a scope and cost amendment.

3. Scope of Work
Draft and Final RFP Scope of Work
• Research and work with Stakeholders to further define the overall project, program and objectives as required. Meeting assumptions provided below.
• Draft and Final RFP/Scope of Work elements may include:
o A discussion on criteria/goals to show intentions of the program (e.g. reduce trash output by 50%, etc.) o Research any existing debris/trash programs locally, regionally, nationally, or internationally that address similar concerns (e.g. City of LA BOE – LA River Program)
o Requests for reaching out to industry or academia using questionnaires, webinars, or workshops. o Requests to ID point source of debris and possible mitigation ideas at point source locations o Requests to identify other critical issues to be considered including environmental constraints. o Requests to conduct at least the following meetings with stakeholders at the following stages of the projectkick-off, draft alternatives, selection of preferred alternatives, preliminary design, environmental compliance, final design, and construction.
o Instructions to develop a reasonable range of alternatives (a minimum of 3) o Requests to conduct an alternatives evaluation using criteria and goals to screen options in coordination with Stakeholders. Alternative evaluation should include some level of cost/benefit analysis. o Identification of potential funding sources (may include local, state, federal or other grant opportunities) o Performing geographic location analyses (GIS and Point Source Analysis) along the San Gabriel River / Coyote Creek reaches to determine trash volume / percentage, and possible sources. This data could then be used to determine possible impacts sourced from upstream locations and geographies.

Meetings, Coordination and Project Management
Meetings for the development of the RFP Scope of Work are anticipated to include a RFP Kick-Off Meeting, a meeting once the Draft RFP Scope is prepared, a meeting to discuss/refine the Draft RFP Scope (Comment Resolution Meeting), and a final meeting once the Final RFP Scope is prepared.

LABOR HOURS WORKSHEET
Prepared For: Silsby Strategic Advisers Work Description: RFP Prep Support Project Name: San Gabriel River Trash Mitigation Initiative Contract/PO Number: TBD Project Number: TBD AZTEC Project Number: TBD Env Principal Sr Env Manager/Coordina tor III Sr Specialist III Sr Env Planner/Technical Specialist II Env Planner/Technical Specialist II Sr Landscape Architect (PLA) Landscape Designer/CADD GIS and Data Program Manager GIS Staff II Billable Rate $435.00 $345.00 $315.00 $225.00 $135.00 $270.00 $150.00 $270.00 $165.00 RFP Scope of Work
Site Visit, Research- Industry Technology 2 2 2 2 8 $ 2,460.00 Develop Draft RFP Scope of Work 2 16 16 8 8 4 8 62 $ 17,550.00 Develop Draft RFP Scope Exhibits 4 8 4 16 $ 3,420.00
Refine/Final Draft RFP Scope and Exhibits 2 2 8 8 8 28 $ 8,040.00 Develop Estimated Professional Service Costs 2 2 8 8 20 $ 5,880.00 Subtotal Hours 8 22 34 24 10 4 4 24 4
Subtotal Cost $ 3,480.00 $ 7,590.00 $ 10,710.00 $ 5,400.00 $ 1,350.00 $ 1,080.00 $ 600.00 $ 6,480.00 $ 660.00 Stakeholder Meetings/Coordination
RFP Kick-Off Meeting 2 2 4 8 $ 2,100.00
Draft RFP Scope and Exhibit Meeting 2 2 4 8 $ 2,100.00
Refine/Comment Resolution Meeting 2 2 4 8 $ 2,100.00
Final RFP Scope and Exhibit Meeting 2 2 4 8 $ 2,100.00
Coordination/Management 8 4 12 $ 4,020.00
Subtotal Hours 16 8 0 0 20 0 0 0 0
Subtotal Cost $ 6,960.00 $ 2,760.00 $ - $ - $ 2,700.00 $ - $ - $ - $ - Total Labor Hours 24 30 34 24 30 4 4 24 4
Total Labor Cost $ 10,440.00 $ 10,350.00 $ 10,710.00 $ 5,400.00 $ 4,050.00 $ 1,080.00 $ 600.00 $ 6,480.00 $ 660.00 Subtotal Hours Subtotal Cost
134 $ 37,350.00
178 $ 49,770.00
44 $ 12,420.00
2/9/2024 @ 7:30 AM

EXHIBIT B

AGREEMENT BETWEEN THE COUNTY OF ORANGE

AND THE CITY OF SEAL BEACH FOR DISTRICT

DISCRETIONARY FUNDING

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AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF

SEAL BEACH FOR DISTRICT DISCRETIONARY FUNDING
This Agreement (the “Agreement”) is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and the City of Seal Beach, a California municipal corporation, as “Grantee,” with the County and Grantee referred to as “Party,” or collectively as “Parties.”
Recitals
On February 27, 2024, the Board of Supervisors approved the use of First District discretionary funds under Government Code section 26227 for Grantee’s San Gabriel River Trash Mitigation Initiative;
The Board of Supervisors authorized the use of district discretionary funds for programs providing healthcare, housing assistance, workforce development, education, childcare, infrastructure projects and equipment, and meal gap programs; benefit monies to local governments including school districts, and/or non-profits; programs aiding veterans and residents experiencing or at risk of homelessness; and economic support, including arts-related small businesses and non-profit organizations that support local programs around the County; Grantee is partnering with stakeholders in providing San Gabriel River Trash Mitigation Initiative;
To assist Grantee in its effort to support its San Gabriel River Trash Mitigation Initiative, the Parties have agreed that the County will transfer the Grant Amount described herein to Grantee.

Accordingly, the Parties mutually agree as follows:

2. PAYMENT AND USE OF GRANT AMOUNT.
a. The County will issue a one-time contribution to the Grantee of $525,000 (“Grant Amount”) within 10 business days of the full execution of this Agreement. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
b. All of Grantee’s expenditures of the Grant Amount must be for costs associated with the San Gabriel River Trash Mitigation Initiative’s

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feasibility/alternative recommendations study, beach clean-up of trash, and beach raking operations in 2024.
c. Grantee must utilize the Grant Amount in accordance with all applicable Federal, State, and local laws and regulations, including labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
d. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any political activity, or to further the election or defeat of any candidate for public office.

Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided under this Agreement may be used for inherently religious activities such as worship, religious instruction, or proselytization.

3. COMPLIANCE WITH GRANT REQUIREMENTS. The Grant Amount must be used solely for the purposes identified in Paragraph 2 of this Agreement.

Grantee shall immediately return to the County any funds Grantee has used in a manner that is inconsistent with Paragraph 2 of this Agreement. Grantee shall return to the County by July 31, 2026, any funds Grantee has not used by June 30, 2026. The provisions of this paragraph shall survive termination of this Agreement.

5. RECORDS MAINTENANCE. Grantee shall maintain records in their original form in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within Orange County unless the County authorizes in writing their removal from Orange County.

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With respect to inspection of Grantee’s records, the County may require that Grantee provide supporting documentation to substantiate Grantee’s expenses with respect to the Grantee’s use or expenditure of monies provided by the County to the Grantee under this Agreement.

Grantee shall maintain supporting documentation for the report consistent with the requirements of Paragraph 5.

10. CONFLICT OF INTEREST. The Grantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Grantee, the Grantee’s employees, agents, and subcontractors. The Grantee’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

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

Grantee:

Jill R. Ingram, City Manager
[email protected]
211 Eighth Street
Seal Beach, CA 90740
(562) 431-2527
County:

Oana Cosma, County Budget & Finance Office
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062
[email protected]
(714) 834-7410

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16. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.

17. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing.

The Parties have executed this Agreement on the day and year dated below.

BY: DATED:

Jill R. Ingram, City Manager
City of Seal Beach
BY: DATED:

Christine Gardea, Deputy Purchasing Agent
County Procurement Office
County of Orange, California

APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:____________________________
Chief Assistant
DATED:________________________

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR

LAW REQUIREMENTS

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

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

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

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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

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

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

Agenda Item J

AGENDA STAFF REPORT
DATE: March 25, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Ratifying the Declaration of Emergency, Approval of Emergency First Street Parking Lot Repair and Dispensing with Public Bidding Requirements, Approval of Emergency First Street Parking Lot Geotechnical Evaluation, Approval of Notice of Completion, and Authorization to Approve
Payments for the Emergency First Street Parking Lot Repair and Geotechnical Evaluation
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7502:

1. Declaring that the Emergency First Street Parking Lot Repair, CIP EM2403, was necessary for the immediate preservation of life, health and property of the City, and therefore ratifying the declaration by the Public Works Director that the Emergency First Street Parking Lot Repair, CIP EM2403, was of urgent necessity for the immediate preservation of life, health and property; and,

2. Authorizing the City Manager to execute a purchase order with Hardy & Harper, Inc. for the Emergency First Street Parking Lot Repair, CIP EM2403, in the amount of $49,535 under an existing on-call agreement with Hardy & Harper, Inc. without advertising for bids; and,

3. Accepting the work to the Emergency First Street Parking Lot Repair, CIP EM2403, by Hardy and Harper, Inc. in the amount of $49,535; and,

4. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within 15 days of the date of approval of the resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project; and,

5. Authorizing the City Manager to execute a purchase order with GMU Geotechnical, Inc. for the Emergency First Street Parking Lot Geotechnical

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Seal Beach City CouncilMarch 25, 2024

Seal Beach City Council
March 25, 2024