Agenda packet — Seal Beach City Council, May 13, 2024 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, May 13, 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.

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
• Retirement Recognition of Police Chaplain Don Shoemaker • National Volunteer Appreciation Week Proclamation – April 21-27, 2024 • Lifeguard Jackson Lawrence Represents Seal Beach and California Surf Lifesaving Association in the New Zealand Lifeguard Exchange Program
• Seal Beach Historic Resources Foundation Board Update • Orange County Fire Authority (OCFA) Quarterly Update
• Public Works Week Proclamation – May 19-25, 2024
• Short Term Rental Update
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

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 April 22, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 22, 2024.

B. Demands on City Treasury (Fiscal Year 2024) May 13, 2024 - Ratification.

C. Application for Grant Funds Under the Environmental Cleanup Program Tier 1, 2024 Call for Projects - That the City Council adopt Resolution 7513: 1. Authorizing the City Manager to submit an application for grant funds under the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects for the Galleon Way at Electric Avenue Stormwater Treatment Project, and to accept any grant funds awarded for the Project; and, 2. Authorizing the City to fund its share of the project costs and any additional costs over the identified programmed amount; and, 3. Authorizing the City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2024 grant, the City’s obligations related thereto, and all amendments thereto for the Project.

D. Adopting a Resolution Listing the Projects Funded by Senate Bill 1:

Road Repair and Accountability Act and Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the California Transportation Commission - That the City Council adopt Resolution 7514: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

E. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services - That the City Council adopt Resolution 7515: 1. Approving Amendment No. 1 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, (a) extending the term of the Agreement to June 30, 2025; (b) increasing Yunex’s Fiscal Year 2023-24 compensation by $20,000; and (c) increasing Yunex’s Fiscal Year 2024-25 compensation by $65,000, for a revised total not-to-exceed contract amount of $460,000; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

F. Approve a One-Time, Non-PERSable Payment of $2,000 for All OCEARepresented Employees to Achieve Parity in Compensation with the MMCEA and SBSPA - That the Council adopt Resolution 7516 approving a one-time, non-PERSable payment of $2,000 for current, represented Orange County Employee Association (OCEA) employees to achieve parity in compensation with the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA).

G. Awarding and Authorizing Execution of a Public Works Agreement with TLS Choice, LLC for the Tennis and Pickleball Center Sports Court Lighting Project, CIP BG2105 - That the City Council adopt Resolution 7517: 1. Approving and awarding a Public Works Agreement to TLS Choice, LLC in the not-to-exceed amount of $201,552.06 for the Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”), utilizing TLS Choice’s Arvin Union School District Bid Number 2022-23-001 cooperative purchasing agreement pricing; and, 2. Authorizing the City Manager to execute a Public Works Agreement to TLS Choice, LLC for the Court Lighting Project.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
H. Main Street Specific Plan Amendment 24-1 - That the City Council: 1.

Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1709, adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act.

UNFINISHED / CONTINUED BUSINESS

NEW BUSINESS
I. Street Lighting Assessment District - That the City Council adopt: 1.

Resolution 7518 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7519 Setting the date for the public hearing for June 10, 2024; and, 3. Resolution 7520 Approving the Engineer's Report. No increase in assessments are projected for Fiscal Year 2024-2025.

ADJOURNMENT
Adjourn the City Council in memory of Former Cypress Mayor and Council Member and Anaheim Union High School District Board Trustee Anna L. Piercy to Tuesday, May 28, 2024, at 5:30 p.m. to meet in closed session, if deemed necessary.

Note: City Hall will be closed on Monday, May 27, 2024, in observance of Memorial Day.

2024 New Zealand
Lifeguard Exchange
Program Overview
Program Overview
(My) Program Experience
Program Overview

The Similarities and
Differences
Similarities
Similarities
Differences
Differences- Volunteer + Paid Lifeguards
Differences- Flag System vs Towers

SEAL BEACH

HISTORIC RESOURCES

FOUNDATION
1 May 13, 2024 Update
• Mission
To collect, preserve, promote, share, and celebrate the historic resources and cultural heritage of Seal Beach as well as ensure its preservation for present and future
generations through educational and community benefit
programs
• Vision
To inspire pride, excitement, and passion for the history and spirit of Seal Beach within the community through
acquiring and sharing knowledge in a relevant,
accessible, and inclusive manner
LAST YEAR …

1. Sunday in the Park
with the Red Car

2. Membership Drive

3. Located & Purchased
11 years of Post &
Waves

4. Historical Calendars

5. Website Launch

6. City Hall Exhibit
2 THIS YEAR…

WEBSITE
• GOAL – complimentary virtual museum
• Attractive to thousands of Seal Beach residents who now live elsewhere • STORIES (Oral Histories, Bios, First Person, Historical Articles, old Newspaper articles) • COMMUNITY CALENDAR
• List city, general community, and sponsors’ events
• CATEGORIES/TAGS by subject (neighborhoods, eras, genre, etc…) • LINKS TO SB HISTORY SITES – related posts by others
• YouTube
• Facebook Groups (SB Kids, Bullet Hill, etc.)
• Mike Dobkins This Day In SB
• Give them exposure & increase ours at same time
3 SEARCHABLE, INDEXED NEWSPAPERS
• AS A TEST PUT 1955 ONLINE – minimum 10 years online, members will get free access as a membership inducement
• Years include 1942, 1944, 1945, 1946, 1948, 1951, 1952, 1954 , 1955, 1956 • From OC archives (1916-18, 1939, 1940, 1943)
• ARRANGEMENT WITH COMMUNITY NEWSPAPERS, INC
• Journal/Sun from 1969 – Present
• News-Enterprise from 1960 – Present (heavy SB coverage 1960s-1990s) • MISCELLANEOUS OTHER NEWSPAPERS
• Mariner
• Marina News
• SB Surf & Sun
4 • 20+ buckets, boxes and plastic containers
• Red Car tools & information
• DWP Plant photos and artifacts
• Oral Histories / Documents / Photos
• Much mildew , need to make surrogates
– scan, recreate
• Framed boards – postcards, paintings
• Old Post & Wave newspapers,
5 OC ARCHIVES – OLD

SBHCS INVENTORY

RED CAR UPDATE
• ASSESSING CHALLENGES AND ISSUES
• COMMON CHALLENGES WITH SIMILAR

MUSEUMS
•“EXPLORATORY SURGERY”
• SEE WHAT’S “UNDER THE HOOD,” “BEHIND
THE WALLS,” ETC. – ASSESS DIFFICULTY OF

REPAIRS
• DESIGNS FROM LB STATE STUDENTS
• 2 CLASSES, ALMOST 50 STUDENTS
• GRANTS
6 7

VIEW DESIGNS

RED CAR NEEDS WORK
•DRY ROT ESPECIALLY ON OCEAN SIDE
•No flashing to guide water to outside –
rot in siding and bulges and rot in bottom
•No vapor barrier (Tyvek),
• This is 3rd time it has required repairs
• 1972-1980
• 1994-1998
• 2012-NOW
8 FIX IT RIGHT ONCE AND FOR ALL
• FIX IT RIGHT ONCE AND FOR ALL – COMPOSITE, WEATHER-RESISTANT

MATERIALS
• EXTERIOR SIDING FIRST (2 months)
• Need cabinet expert for radius ends
• ADA compliant stairs and landing
• ROOF – replace/repair termite infested wood, cover roof with polycarbonate sheeting – paint appropriate gray color
• FLOORING – remove existing floor, replace/repair sub-floor, install new floor • ELECTRICAL / IT UPGRADES
9 GRANTS
• DIVIDE INTO MANY SMALL PROJECTS - MANAGEABLE – GRANTOR SATISFACTION,

INCREASED ELIGIBILITY
• RED CAR SHELL (siding, roof, weatherproofing, entrance/landing) - $50,000-60,000 • INTERIOR - Electrical, Flooring, IT,
• INTERIOR - Content Exhibition / Display Sections (12+) • EDUCATION / TECHNOLOGY – Community Outreach, Digitization, Touchscreen, Preservation • ADJACENT EXTERIOR – Sidewalk, Kiosks, Signage, Community Areas (6+) • CORPORATE - LOWE’S, T-MOBILE, KUBOTA - $50,000
• GOVERNMENT / QUASI-GOVERNMENT
• DISCRETIONARY FUNDS – MULTIPLE GOVERNMENT AGENCIES
10 A MUSEUM EVEN

WHEN NOT OPEN
• INFORMATION IN SURROUNDING
AREAS
• More attractive sidewalk,
• Kiosks, signage with QR codes to get more
info at web site
• Pacific Electric
• Anaheim Landing / Beach cottages
• Green Belt
• Main Street
11 PARTNERSHIP WITH LIBRARY
• SPECIAL COLLECTIONS AREA (better preservation capabilities) • Old Newspapers,
• Seal Beach History
• Pacific Electric History
• Surfing
• OC Military History
• DISPLAYS AT LIBRARY
• Makes documents, information, photos and other collections more accessible to community
12 INTERIOR
Parts more Red Car-ish
Parts more modern
•RED CAR
• ADD THREE ROWS OF SEATS AT ONE END
• ADD BARS & SEATS, KIOSKS, SIGNAGE
• MORE MODERN
• TOUCH SCREEN TVS,

QR CODES TO GET MORE INFO
• MORE GRAPHIC INTERIOR APPEARANCE
13 THANK YOU!
14 Lauren Barich
Management Analyst
Office of the City Manager
[email protected]
Larry Strawther
President
Seal Beach Historic Resources Foundation
[email protected]
OCFA
OCFA 1ST QUARTER UPDATE
MAY 2024
OCFA Division Chief Craig Covey
SAFER and AFG Grants are being
pursued to add firefighters and
purchase equipment – E44 Received
new hydraulic rescue tool
Social media account for
@OCFADivision1 coming soon!
Crews are super busy / inspections,
wildland refresher training, rookies
Four battalion chief promotions, 14
fire captain promotions, 23 members
in engineer academy, and 48 recruits
in fire academy
OCFA Updates
OCFA 2024 Open House
OCFA Outreach
628+ community members engaged
80+ events
Targeting middle school and high school career
fairs, county fairs, military, EMT/PM programs,
wildland programs, Girls Empowerment Camp,
OCFA Open House, Community Groups, PreAcademy Training Ethnicity
17+ Asian, 3+ Black, 112+ Hispanic
16+ Mixed Heritage, 1+ Middle Eastern
1+ North African, +434 Undisclosed
Gender
150+ Females
393+ Males
85+ Undisclosed
OCFA Celebrations
2023 In Review
2023 In Review
OCFA Inspection STATS
OCFA Inspection Stats
OCFA
completed
17,958
inspections in
2023
Division 1
completed
2579
inspections in
Battalion 11
Division 1
completed 4958
inspections in
Battalion 1
GGV
2996 in 2023
950 in 2024
WST
1200 in 2023
299 in 2024
SLB
383 in 2023
181 in 2024
Los Al
558 in 203
379 in 2024
OCFA 2023 Community Events
OCFA 2023 Community Events
Participated
in 1646
community
events
Garden
Grove
81 events
Los Alamitos
34 events
Seal
Beach
25 events
Westminster
47 events
GGV
Strawberry
Festival
WST Tet
Parade
SLB
Christmas
Parade
Los Al
Winter
Festival
Calls
01/01/2023 – 12/31/2023
4,767 Calls
Avg: 13 Calls a Day
Avg. Response time 7:27
01/01/2024 – 5/12/2024
1,682 Calls
Avg: 13 Calls a Day
Avg. Response time 7:14
2023 Call Breakdown
4,676 incidents
• Medical Aids: 4,204
• Traffic Collisions: 103
• Structure Fires: 14
• Vehicle/Dumpster Fire: 8
• Vegetation Fire: 7
• Miscellaneous Calls: 242
2024 Call Breakdown
1,682 calls to date
• Medical Aids: 1,462
• Traffic Collisions:
• Structure Fires: 29
• Vehicle/Dumpster Fire: 14
• Vegetation Fire: 40
• Miscellaneous Calls: 88
King Tides and Hurricanes
Berm Support and Airborne Intelligence
Multi-Agency Training
February 1, 2024
Multi-Agency Training
February 1, 2024
Multi-Agency Training
April 13, 2023
Auto vs Structure
July 7, 2023
Water Rescue
July 16, 2023
Structure Fire
September 18, 2023
Structure Fire with Fatality
January 3rd, 2024
Structure Fire
January 29, 2024 @ Walt’s Wharf
Traffic Collision Hazardous Materials
Spill – April 9th, 2024
Questions?
OCFA First Quarter Update
OCFA Division Chief Craig Covey

ORDINANCE 1701

STR - UPDATE
Community Development Department
Presented by: Assistant Planner, Samuel Funes

LOTTERY
46 Lottery applications received
 33 applications issued
 13 placed on the waiting list
Waiting list applications received post-lottery
 18 received
Applications Currently on the waiting list
 11 awaiting permit availability

APPLICATION PROCESS
Review for Application Completeness
 Notarization of documents
 Proof of ownership
(Grant Deed, Secured Property Tax Bill, Title)
 Liability Insurance
 Transient Occupancy Tax Registration

INSPECTION PROCESS
Inspection Checklist
 Address Visibility
 Fire Extinguishers, Smoke Detectors, Carbon Monoxide Detectors  Emergency Exit Plan
 Maximum Occupancy Verification
 Good Neighbor Guidelines
 Fire, Police Department & Local Contact Numbers
 Exterior STR advertising

PERMITTING & TRANSIENT OCCUPANCY TAX
Permits
 31 Permits Issued
 2 Applications pending review of completeness checkpoint  Permit Fees collected: 600 X 32 = $19,200 USD.

Transient Occupancy Tax (2nd Q 2023 – 2
nd Q 2024)
 $26,928.91 USD.

Subtotal Permit & TOT Collected
 $46,128.91 USD.

CALLS FOR SERVICE
Code Enforcement
 0 calls for service
 no complaints regarding noise/nuisance locations.

Seal Beach Police Department
 1 call for service
 415P-Disturbing Party
 No other calls/ nuisance location complaints.

PERMIT & BUSINESS LICENSE RENEWAL
 1 permit resignation has been processed since program implementation.  Permit and business license renewals will be prorated for the first year.  STR permit and business licenses will be valid for each fiscal year from July 1 st to June 30th
.
 Transient Occupancy Taxes
 payment due within 30 days of the closing of each calendar quarter.

THANK YOU
Agenda Item A

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the April 22, 2024, City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 22, 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 Closed Session and Regular City Council meetings held on April 22, 2024.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Closed Session, April 22, 2024
B. Minutes – Regular Session, April 22, 2024
Seal Beach, California
April 22, 2024
The City Council met in Closed Session at 5:32 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Gloria D. Harper, City Clerk
Mayor Sustarsic called upon Mayor Pro Tem Landau who announced her remote participation in the meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f).

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos
Employee Organization(s):

Police Officers Association
Police Management Association

ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:28 p.m.

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

Schelly Sustarsic, Mayor
Attested:

Gloria D. Harper, City Clerk

Seal Beach, California
April 22, 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 (Via Zoom)

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/ City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Craig Covey, Orange County Fire Authority Chief, Division 1 Michael Ezroj, Police Captain
Nick Nicholas, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Sean Sabo, Management Analyst
Joe Talarico, Maintenance Services Supervisor
Mayor Sustarsic called upon Mayor Pro Tem Landau who announced her remote participation in the meeting for “just cause” pursuant to AB 2449, Government Code Section 54953(f).

PRESENTATIONS / RECOGNITIONS
▪ Month of the Military Child Proclamation – April 2024 ▪ Orange County Sanitation District Construction Update ▪ Arbor Day Proclamation – April 26, 2024
▪ 55th Annual Professional Municipal Clerks Week Proclamation – May 5 – 11, 2024
▪ Sexual Assault Awareness Month Proclamation – April 2024

ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: James Biery, Jenny Ferguson, Jo8n, Susan Barembaum, Patty Senecal. Mayor Sustarsic closed oral communications.

Twenty supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

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

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

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the one (1) item on the posted agenda. All five (5) Council Members were present, with Mayor Pro Tem Landau attending remotely via Zoom, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Ingram highlighted several ongoing staff projects. She requested that the Council remain mindful of staff’s workload when considering new initiatives and agenda requests.

Additionally, she informed the Council that the Main Street Specific Plan and CitizenCouncil Parking Ad Hoc Committee recommendations would be included on future agendas. Lastly, City Manager Ingram announced that the Circuit Micro-Transit Ribbon Cutting Ceremony is scheduled for Monday, April 29, 2024, and the Budget Workshops will be held on Tuesday, May 14, 2024, and Wednesday, May 15, 2024.

COUNCIL COMMENTS
Council Member Kalmick reported his attendance at the April 15, 2024 Planning Commission meeting, a West Orange County Water Board meeting, an Orange County Fire Authority (OCFA) meeting, and a Los Cerritos Wetlands Authority Partnership Luncheon. Additionally, he reported about his trip to the Oroville Dam hosted by the Municipal Water District of Orange County (MWDOC).

Council Member Moore had no comments.

Council Member Steele gave a brief presentation about what he learned at the UCLA Anderson School of Management 2024 Orange County Economic Outlook event. He also reported his attendance at the April 15, 2024 Planning Commission meeting, and the Cal Cities Leadership Conference. Additionally, he reported that at the Cal Cities Leadership Conference, he met with Assembly Member Diane Dixon, Senator Janet Ngyuen, and attended several training sessions. Lastly, Council Member Steele wished everyone a peaceful Passover.

Mayor Pro Tem Landau reported she was present at the Save Our Beach Cleanup event and noted it was great to see so many volunteers.

Mayor Sustarsic reported her attendance at the Chamber of Commerce Networking Breakfast. Additionally, she noted that she watched the live stream of the April 15, 2024 Planning Commission meeting.

COUNCIL ITEMS
A. Ironwood Property Update - Receive Report.

Director of Public Works Director Lee reported on the status of the 4197 Ironwood Avenue property.

This item was for discussion only, no action was taken.

CONSENT CALENDAR
B. Approval of the April 8, 2024, City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 8, 2024.

C. Demands on City Treasury (Fiscal Year 2024) April 22, 2024 - Ratification.

D. Monthly Investment Report (March 31, 2024) - Receive and file.

E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

F. Approving Amendment No. 2 to Each of the Professional Services Agreements with Mr. C’s Towing and Country City Towing for Towing Services - That the City Council adopt Resolution 7509: 1. Approving Amendment No. 2 to the Professional Services Agreement with Mr. C’s Towing dated April 9, 2018, and to extend the term to April 9, 2027; and, 2. Authorizing and directing the City Manager to Execute Amendment No. 2 on behalf of the City; and, That the City Council adopt Resolution 7510: 1. Approving Amendment No. 2 to the Professional Services Agreement with County City Towing dated April 9, 2018, and to extend the term to April 9, 2027; and, 2.

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

G. Approve the Memoranda of Understanding (MOU) Between the City and the Seal Beach Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA) for the Period of July 1, 2022 Through June 30, 2025 - That the Council adopt Resolution 7511 approving the Memoranda of Understanding between the City and the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA) for the period of July 1, 2022, through June 30, 2025.

Council Member Steele 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
H. Establishment of a Citizen-Council Stormwater Advisory Ad-Hoc Committee - That the City Council adopt Resolution 7512: 1. Establishing a Citizen-Council Stormwater Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members nominated and approved by the City Council; 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident nominated by each Council Member and approved by the City Council. The nominated residents must be approved by the full City Council at a future meeting; and, 2.

Providing that each resident Committee Member should have knowledge, education, or experience with stormwater programs and/or public capital improvement funding. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that meetings are to occur quarterly, with a different schedule as deemed necessary by the Committee and subject to the availability of staff and consultant resources; and, 4. Providing that the Committee will provide updates and recommendations to the City Council regarding 1) stormwater conveyance improvement options; 2) funding options for the improvements; and 3) any other recommendation to improve stormwater conveyance within the City; and, 5. Directing the City Manager or her designee(s) to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

Director of Public Works Lee provided an overview of the staff report.

A dialogue ensued among the Council Members regarding the scope of the Ad Hoc Committee and which two (2) Council Members should serve on the committee. Mayor Sustarsic and Mayor Pro Tem Landau were selected to be the two (2) Council Members on the committee.

Council Member Moore moved, second by Mayor Pro Tem Landau to adopt Resolution 7512: 1. Establishing a Citizen-Council Stormwater Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members nominated and approved by the City Council; 2) the City Manager or her designee(s); and 3) one (1) Seal Beach resident nominated by each Council Member and approved by the City Council. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, or experience with stormwater programs and/or public capital improvement funding. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member.

The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that meetings are to occur quarterly, with a different schedule as deemed necessary by the Committee and subject to the availability of staff and consultant resources; and, 4. Providing that the Committee will provide updates and recommendations to the City Council regarding 1) stormwater conveyance improvement options; 2) funding options for the improvements; and 3) any other recommendation to improve stormwater conveyance within the City; and, 5. Directing the City Manager or her designee(s) to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

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

ADJOURNMENT
Mayor Sustarsic adjourned the City Council meeting at 8:15 p.m. to Monday, May 13, 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 C

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Application for Grant Funds Under the Environmental Cleanup Program Tier 1, 2024 Call for Projects
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7513:

1. Authorizing the City Manager to submit an application for grant funds under the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects for the Galleon Way at Electric Avenue Stormwater Treatment Project, and to accept any grant funds awarded for the Project; and,

2. Authorizing the City to fund its share of the project costs and any additional costs over the identified programmed amount; and,

3. Authorizing the City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2024 grant, the City’s obligations related thereto, and all amendments thereto for the Project.

BACKGROUND AND ANALYSIS:

1. State Water Resources Control Board Trash Amendments On April 7, 2015, the State Water Resources Control Board adopted an Amendment to the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) to Control Trash and Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (“ISWEBE Plan”). Together, the Ocean Plan and the ISWEBE Plan are collectively referred to as the “Trash Amendments”.

Page 2 ends

The Statewide Trash Amendments require that cities install, operate, and maintain full capture systems located in Priority Land Uses including, high-density residential, industrial, commercial, mixed urban, public transportation, and effectively capture 100 percent (100%) of trash generated. The Trash Provisions apply to cities in California not already under a Trash Total Maximum Daily Load (“TMDL”). Cities were given the choice of choosing one of two tracks towards compliance.

In August 2017, the City submitted a letter to the Santa Ana Regional Water Quality Control Board committing to Track 1, which dictates the City to install, operate, and maintain full capture systems in the Priority Land Uses within ten (10) years from the start date of the program. Furthermore, the City is required to demonstrate achievement of average load reductions of ten percent (10%) per year or other progress to full implementation.

2. Overview of Environmental Cleanup Program Tier 1 Grant On July 24, 2006, the OCTA’s Environmental Cleanup Program was approved under Ordinance No. 3 (Ordinance). The Ordinance provides two percent (2%) of gross Measure M2 revenue dedicated to protecting Orange County beaches and waterways from the conveyance of urban runoff associated with transportationgenerated pollution.

3. Environmental Cleanup Program Tier 1 Call for Projects On February 12, 2024, OCTA released the Environmental Cleanup Program Tier 1 (“ECP Tier 1”), 2024 Call for Projects. ECP Tier 1 provides grant funds to local agencies to reduce transportation-related water quality pollution by meeting Clean Water Act standards for local waterways and beaches. The ECP Tier 1 is designed to mitigate the more visible forms of pollutants, such as litter and debris, which collect on the roadways, catch basins and storm drains before being deposited in waterways and the ocean.

Approximately $3.5 million is to be allocated to approved projects for the 2024 Call for Projects. The maximum fund that a project can receive is $600,000. A local minimum match of 20 percent (20%) must be provided as cash contributions.

4. Eligible Projects
Projects that support compliance with the 2015 adopted Trash Provisions are eligible for ECP Tier 1 funding, provided the funds would not replace established and programmed funds and the funds are not applied to any mandated project design features or required mitigation measures. Projects eligible for ECP Tier 1 include equipment purchases and installation of best management practices (“BMPs”). Water quality projects, regardless of technology, are eligible for ECP Tier 1 funding provided they have a verifiable benefit to water quality and fall within the maximum per project programming cap.

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5. Proposed Project
To apply for Tier 1 Grant Program, the applicant must be one of the thirty-five (35) Orange County agencies per the M2 Ordinance, and must fulfill an annual eligibility process. OCTA established this process to ensure that improvements are consistent with regional plans. The City of Seal Beach is an eligible applicant for these grant funds. In the past, the City has been successful in securing grant funds for ECP Tier 1.

The City has previously leveraged ECP funding for storm drain catch basin inserts; however, the installation of these inserts is not as ideal for certain flood-prone Priority Land Use areas. As such, a hydrodynamic trash separator is being proposed within the vicinity of Galleon Way north of Electric Avenue. This device is a flow-through device that uses cyclonic separation technology to remove trash and other pollutants.

6. History of Successful Grant Applications and Awards
The City was successful in securing ECP Tier 1 grant funds, with the most recent award under the 2022 Call for Projects.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c).

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The total project cost, including design, construction, contingency and contract inspection, is estimated to be $731,175. The 20 percent (20%) minimum matching fund requirement is approximately $146,135.
$150,000 was budgeted under the Revitalization Funds - OCTA/Environmental Clean Up for grant preparation and conceptual design. Matching fund options will be presented if the City is awarded grant funds from the ECP Tier 1, 2024 Call for Projects.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 4 ends

RECOMMENDATION:

That the City Council adopt Resolution 7513:

2. Authorizing the City to fund its share of the project costs and any additional costs over the identified programmed amount; 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 7513
RESOLUTION 7513

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING AN APPLICATION FOR FUNDS FOR
THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT

PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR THE

GALLEON WAY AT ELECTRIC AVENUE

STORMWATER TREATMENT PROJECT
WHEREAS, Orange County Transportation Agency (“OCTA”) Local Transportation Ordinance No. 3, dated July 24, 2006, as amended, and known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality; and, WHEREAS, the Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects provides grants for funding purchases and installations for catch basins consistent with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and,
WHEREAS, OCTA has established the procedures and criteria for evaluating and accepting grant proposals under the ECP Tier 1, 2024 Call for Projects; and, WHEREAS, the City of Seal Beach possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and,
WHEREAS, by this resolution the City Council authorizes the nomination of the Galleon Way at Electric Avenue Stormwater Treatment Project (“Project”), including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Seal Beach to act in connection with the nomination and to provide such additional information as may be required; and,
WHEREAS, the City of Seal Beach will maintain and operate the equipment acquired and installed; and,
WHEREAS, the City of Seal Beach will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and,
WHEREAS, the City of Seal Beach will cause work on the Project to be commenced within a reasonable time after receipt of notification from OCTA and that the Project will be carried to completion with reasonable diligence; and, WHEREAS, the City of Seal Beach will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and,
WHEREAS, the City of Seal Beach must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and,
WHEREAS, the City of Seal Beach authorizes a formal amendment to the sevenyear Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and, WHEREAS, the City of Seal Beach will provide a minimum of 20% in matching funds for the Galleon Way at Electric Avenue Stormwater Treatment Project as required by the Orange County Comprehensive Transportation Funding Program Guidelines.

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

Section 1. All of the foregoing recitals are hereby incorporated herein by this reference.

Section 2. The City Council hereby authorizes the City Manager as the official representative of the City of Seal Beach to apply for and accept grant funds under the Orange County Transportation Authority (“OCTA”) Environmental Cleanup Program (“ECP”) Tier 1, 2024 Call for Projects for the Galleon Way at Electric Avenue Stormwater Treatment Project.

Section 2. The City Council hereby agrees to fund its share of the project costs and any additional costs over the identified programmed amount.

Section 3. The City Council hereby authorizes the City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2024 grant, the City’s obligations related thereto, and all amendments thereto for the Project.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May 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 7513 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May 2024.

Gloria D. Harper, City Clerk
Agenda Item D

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Adopting a Resolution Listing the Projects Funded by Senate Bill 1: Road Repair and Accountability Act and
Authorizing Submittal of the Project List and Application for Road Maintenance Rehabilitation Account Funds to the
California Transportation Commission
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7514:

1. Approving the project list for improvements that are to be funded by Senate Bill 1; and,

2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

BACKGROUND AND ANALYSIS:

On April 28, 2017, Governor Brown signed Senate Bill No. 1 (“SB 1”), the Road Repair and Accountability Act of 2017, as amended on September 16, 2017, pursuant to Assembly Bill 135. SB 1, which was created to address basic road maintenance, rehabilitation, and critical safety needs on the State highway and local road systems, increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years. As of November 1, 2017, the State Controller has been depositing various portions of this funding into the Road Maintenance and Rehabilitation Account (“RMRA”) created to implement the legislation. The State Controller will apportion, by formula, a percentage of RMRA funds to eligible cities and counties in accordance with Streets & Highways Code Section 2032. Pursuant to Streets & Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to:
• Road maintenance and rehabilitation
• Safety projects

Page 2 ends

• Railroad grade separations
• Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project • Traffic control devices
According to information provided by the California Transportation Commission (“CTC”), the City of Seal Beach is estimated to receive approximately $646,002 of additional gas tax funds in FY 2024-2025.

SB 1 imposes several requirements on public agencies in order to receive the additional gas tax funds. These requirements are contained in the Streets & Highways Code, including Streets & Highways Code Section 2034, which provides:
(1) Prior to receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding shall be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting. The list of projects proposed to be funded with these funds shall include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030.

As set forth in the statute noted above, the road repair and maintenance projects must be approved by resolution of the City Council at a regular public meeting. The resolution must also contain a description and location of each proposed project, a proposed completion schedule, and the estimated useful life of each improvement.

In anticipation of the City receiving its RMRA fund allocation, the following projects have been identified for RMRA funds:
• O-ST-2 Local Street Paving Program
• O-ST-3 Arterial Street Resurfacing Program
The work will generally include roadway rehabilitation, resurfacing, and striping.

While the project list and locations were identified utilizing the City’s Pavement Management Program report, it should be noted that this list will not limit the City’s flexibility to fund projects in accordance with local needs and priorities, as long as the projects are consistent with the State and Highways Code Section 2030 (b).

Page 3 ends

O-ST-2 has been advertised, awarded, and is scheduled to be completed in Spring 2024. O-ST-2 generally includes roadway rehab in the College Park East areas as identified in the Pavement Management Plan. O-ST-3, which will rehabilitate Seal Beach Boulevard, is currently being designed and is tentatively scheduled for completion in Fall 2025. These projects are expected to extend the pavement useful life by approximately ten (10) to fifteen (15) years.

The purpose of approving the attached resolution is to satisfy the requirements of SB 1 relative to holding local governments accountable for the efficient investment of public funds to maintain public streets and roads, in accordance with Streets & Highways Code Section 2034.

The criteria developed by the CTC requires a list of projects funded with RMRA dollars be submitted no later than July 1, 2024. The proposed resolution is expected to be acceptable as confirmation that the project list is included in the City’s Capital Improvement Program (“CIP”) budget pursuant to a decision made by the City Council at a regular public meeting.

ENVIRONMENTAL IMPACT:

The proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resources Code Section 21065 and Section 15378 (b) (4) and (5) of the State CEQA Guidelines. The proposed action is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment, and the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. As such, the proposed action is not subject to environmental review.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7514:

1. Approving the project list for improvements that are to be funded by Senate Bill 1; and,

Page 4 ends

2. Authorizing the City Manager, or designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7514
RESOLUTION 7514

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-
2025 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO SUBMIT THE PROJECT LIST

AND APPLICATION FOR ROAD MAINTENANCE AND

REHABILITATION ACCOUNT FUNDS TO THE CALIFORNIA

TRANSPORTATION COMMISSION
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and, WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and, WHEREAS, the City will receive an estimated $646,002 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and,
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and,
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and,
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate public streets and roads throughout the City this year; and, WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade; and,
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and, WHEREAS, the proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resource Code Section 21065 and Section 15378 (b) (4) and (5) of the State CEQA Guidelines, because the proposed action is an organizational or administrative activity that will not result in direct or indirect physical change in the environment, and the creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues:

Project
Description Location Project Schedule Estimated Useful Life Arterial Streets
Resurfacing Program
– arterial roadway
rehabilitation, signing
& striping
City of Seal Beach
• Seal Beach
Boulevard
Start:

Fall 2024
Complete:

Fall 2025
15 years
SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project
Description Location Project Schedule Estimated Useful Life Local Street Paving
Program – local
roadway
rehabilitation, signing
& striping
City of Seal Beach
• College Park East
• Old Town
Start:

Fall 2022
Complete:

Spring 2024
10 years
SECTION 4. The City Manager, or her designee, is hereby authorized to submit the project list and application to the California Transportation Commission for any and all RMRA funds that may become
available to the City, and to execute any and all documents necessary to implement and secure any and all such RMRA funds.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May 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 7514 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May 2024.

Gloria D. Harper, City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: May 13, 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 Yunex, LLC for
Traffic Signal Maintenance Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7515:

1. Approving Amendment No. 1 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, (a) extending the term of the Agreement to June 30, 2025; (b) increasing Yunex’s Fiscal Year 2023-24 compensation by $20,000; and (c) increasing Yunex’s Fiscal Year 2024-25 compensation by $65,000, for a revised total not-to-exceed contract amount of $460,000; and,

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

BACKGROUND AND ANALYSIS:

The City of Seal Beach owns and maintains twenty-three (23) traffic signals and five (5) flashing beacons. This does not include the eight (8) Caltrans-owned signals along Pacific Coast Highway and the I-405 ramps. Maintenance associated with these traffic signals includes a broad range of services, such as routine inspection of traffic signal and operations equipment, emergency and nonemergency repairs, new equipment and software upgrades.

On May 13, 2019, City Council approved Resolution 6915, awarding a Professional Service Agreement to Yunex, LLC (previously known as Siemens Mobility, Inc.) for Traffic Signal Maintenance Services for a not-to-exceed annual amount of $75,000, or $225,000 for a three-year term. The agreement also included two (2) optional one-year extensions with a not-to-exceed amount of $75,000 for each additional year.

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To date, the agreement's allowable two (2) optional one-year extensions have been utilized thereby extending the term to May 13, 2024.

As Yunex, LLC is in the midst of providing sizeable traffic signal repair services and due to Yunex’s familiarity with the City’s traffic signal system, staff is requesting approval of Amendment No. 1 to provide a third extension to the agreement, term ending on June 30, 2025 and increasing Fiscal Year 2023-24 compensation by $20,000 and Fiscal Year 2024-25 compensation by $65,000 for the additional services during the third extension, for a revised total not-to-exceed contract amount of $460,000, for the extended term.

ENVIRONMENTAL IMPACT:

This Agreement complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301, Class 1.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The contract has two (2) components – 1) Routine Maintenance, and 2) Extraordinary Maintenance. Routine Maintenance generally comprises of regular inspection and adjustments of the traffic signal system. Extraordinary Maintenance generally includes emergency/non-emergency traffic signal repairs.

For Fiscal Year 2023-24, the Extraordinary Maintenance cost has exceeded the original budget. Therefore, staff requests to increase the Fiscal Year 2023-24 compensation by an additional $20,000, bringing the total not-to-exceed annual amount to $95,000. The requested increase will be absorbed within the approved Fiscal Year 2023-24 budget.

For Fiscal Year 2024-25, Routine Maintenance is estimated to be $25,740 per year, for the third extension. As the number of Extraordinary Maintenance repairs is generally unpredictable, staff recommends allocating $39,260 per year for the third extension, for a total not-to-exceed annual amount of $65,000.

The requested increase in compensation will bring the not-to-exceed total contract amount to $460,000. Additional costs associated with Amendment No. 1 will be expensed from the General Fund Street Maintenance Account. Sufficient funding for this item is available in the adopted Fiscal Year 2023-24 and will be budgeted in the Fiscal Year 2024-25 General Fund Street Maintenance Account.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7515:

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 Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7515
B. Amendment No. 1 with Yunex, LLC
C. Professional Services Agreement with Siemens Mobility, Inc.

RESOLUTION 7515

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

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

SERVICES AGREEMENT WITH YUNEX, LLC FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES
WHEREAS, on May 13, 2019, the City Council adopted Resolution 6915 approving a three (3) year Professional Services Agreement (Agreement) with Yunex, LLC (previously known as Siemens Mobility, Inc.) to provide traffic signal maintenance services for an annual amount of $75,000, or $225,000 for the threeyear term, and authorizing the City Manager to extend the Agreement for up to two additional one-year extensions; and,
WHEREAS, to date, the City has exercised the Agreement’s two (2) allowable oneyear extensions and thereby extended the term to May 13, 2024; and, WHEREAS, the City desires to amend the Agreement with Yunex, LLC to extend the term to June 30, 2025, to increase Yunex’s compensation by $20,000 for a notto-exceed annual amount of $95,000 for Fiscal Year 2023-24, and to increase Yunex’s compensation for Fiscal Year 2024-25 by a not-to-exceed annual amount of $65,000, for a total not-to-exceed amount of $460,000.

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

SECTION 1. The City Council hereby approves Amendment No. 1 to the Agreement dated May 13, 2019, between the City of Seal Beach and Yunex (a) extending the term of the Agreement to and including June 30, 2025; (b) increasing Yunex’s Fiscal Year 2023-24 compensation for services performed by $20,000; (c) increasing Yunex’s Fiscal Year 2024-25 compensation for services performed by $65,000; (d) for a revised total not-toexceed contract amount of $460,000.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1 on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May 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 7515 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May 2024.

Gloria D. Harper, City Clerk

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City of Seal Beach
Traffic Signal Maintenance Services
Project Cost Schedule
I. Routine Maintenance
Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 $85.00 $1,870.00 $22,440.00 Monthly Flash Beacon Maintenance EA 5 $55.00 $275.00 $3,300.00 Total $25,740.00
II. Direct Labor Rates
Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR $70.00 $70.00 $70.00
Foreman HR $130.00 $160.00 $185.00
Traffic Signal Technician HR $125.00 $150.00 $175.00
Streetlight Technician HR $115.00 $135.00 $155.00
Utility Technician HR $125.00 $150.00 $175.00
Groundsman HR $115.00 $150.00 $150.00
Lab Technician HR $130.00 $130.00 $130.00
Engineering/Systems Technician HR $130.00 $160.00 $185.00 Regular time hours are Monday-Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07:30AM, Weekends and Holidays III. Equipment Rates
Item Description Unit Rate
Service Truck HR $30.00
Bucket Truck HR $35.00
Crane Truck HR $65.00
Towable Air Compressor HR $5.00
Towable Arrow Board HR $5.00
IV. Extraordinary Maintenance
Item Description Unit Unit Price
Underground Services Alert (USA) Locate/Markout Services HR $150.00 Install 6' Dia Circular Type E Loop (1-4 loops) EA $525.00 Install 6' Dia Circular Type E Loop (5 or More loops) EA $480.00 Cabinet Testing EA $1,200.00
V. Material
Item Description Unit Unit Price
Material Mark-up will be Invoice Cost Plus 15%
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PROFESSIONAL SERVICES AGREEMENT
for
Traffic Signal Maintenance Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Siemens Mobility, Inc.
1026 E. Lacy Avenue
Anaheim, CA 92805
714) 456- 9902 — Phone
714) 456-9905 - Fax
This Professional Service Agreement (" the Agreement") is made as of May 13, 2019 the " Effective Date"), by and between Siemens Mobility, Inc. (" Contractor'), a Delaware corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").

RECITALS
A. City desires certain professional traffic signal maintenance services.

B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Contractor to provide professional traffic signal maintenance services in the manner set forth herein and more fully described in Section 1. 0.

C. Contractor represents that the principal members of its firm are qualified traffic signal maintenance professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Contractor shall provide those services (" Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1. 4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor' s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor' s work by the City shall not operate as a release of Contractor from such standard of care and workmanship.
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1. 5 Contractor 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 This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three ( 3) years (" Original Term") commending on the Effective Date and shall expire thereafter at midnight on May 13, 2022, unless sooner terminated or extended as provided by this Agreement.

2. 2 The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two ( 2) additional terms of one year each (" extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from May 13, 2022 through and including May 13, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from May 13, 2023 through and including May 13, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor' s authorized representatives.

3. 0 Contractor' s Compensation

3. 1 City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty Five Thousand Dollars ($ 225, 000. 00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy -Five Thousand Dollars ($ 75, 000. 00) for each year of the Original Term.

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

3. 3 In the event that the City exercises its option to extend the Original Term of this Agreement in accordance with Section 2. 2, any 3of12
Services performed by Contractor during the first or second extension shall be compensated according to the rates shown on the fee schedule set forth in Exhibit A for Services, but in no event will the City pay more than 75, 000. 00 for any such first or second extension without prior approval of the City Council

4. 0 Method of Payment

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

4.2. Upon 24- hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City' s rights under this Section 4.2 shall survive for two years following the termination of this Agreement.

5. 0 Termination

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

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

6. 0 Party Representatives

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

6.2. Michael J. Hutchens is the Contractor's primary representative for purposes of this Agreement. Contractor 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, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section:

To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: Siemens Mobility, Inc.
1026 E. Lacy Avenue
Anaheim, CA 92805
Attn: Michael J. Hutchens

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

8. 0 Independent Contractor

8. 1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details of performing the services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.

8. 2. Any additional personnel performing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

8. 3. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of12
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 Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

9. 0 Confidentiality
Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

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

11. 0 Assignment
Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

12. 0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor 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. Contractor 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 6of12
Section 12. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

13. 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. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

14. 0 Insurance

14. 1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

14.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A. M.

Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability: Insurance Services Office Business Auto coverage form number CA 0001, code 1 ( any auto); and, if required by the City, ( 3) Professional Liability. Contractor shall maintain limits no less than: ( 1) General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage; and ( 3) Professional Liability:
1, 000, 000 per claim/ aggregate.

14. 3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the 7of12
City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor' s scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible.

14. 4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

14. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

15. 0
Indemnification, Hold Harmless, and Duty to Defend

15. 1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless the City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 15. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense collectively " Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/ or its officers, agents, servants, employees, 8of12
subcontractors, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c).

15.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor 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, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages 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. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

15. 3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 15. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

15. 4. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' 9of12
compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor' s indemnity obligation set forth in this Section 15. 0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement.

15. 5. Contractor' s covenants under this Section 15. 0 shall survive the expiration or termination of this Agreement.

16. 0 Equal Opportunity
Contractor affirmatively represents that it is an equal opportunity employer.

Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

17. 0 Labor Certification
By its signature hereunder, Contractor 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.

18. 0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Contractor 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.

19. 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.

20. 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. 10 of 12

21. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

22. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

23. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

24. 0 Prohibited Interests; Conflict of Interest

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

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

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

24. 3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 11 of 12
business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection.

25. 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.

26. 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.

27. 0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
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CITY OF SEAL BEACH
Ingram, City M2F" . 0-
Attest:

Approved as to F
LIM
Attorney
S7296- 000112292797v3. doc
CONTRACTOR: Siemens Mobility_ toc.,
a Delaware corpo io
By: _
Michael J. Hutchens
Operations Manager, ITS
By: _
Steve - Ral
Director, IT'S-SernrcePlease note,
for corporations
Corporations
two signatures required
pursuant to California
Code Section 313.)

EXHIBIT A
Contractors Proposal

SIEMENS
Helping Our Communities Become Vibrant,
Growing & Green
Proposed to:

Ms. Iris Lee
Deputy Public Works Director
Department of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Table of Contents
COVERLETTER------------------------------------------------------------------------------------------------------------------ 2

WORKPLAN----------------------------------------------------------------------------------------------- -- ----- - - - ------ V. ROUTINE MAINTENANCE------------------------------------------------------------------------------------------------------------------------- 3 MonthlyInspection--------------------------------------------------------------------------------------------------------------------------------- 3 Quarterly Maintenance ( Every Three Months)-------------------------------------------------------------------------------------------- 5 Semi -Annual Maintenance ( Every Six Months)------------------------------------------------------------------------------------------- 5 YearlyMaintenance --------------------------------------------------------------------------------------------------------------------------------- 5 STAFFINGPLAN------------------------------------------------------------------------------------------------------------------ 11 CONTRACTMANAGEMENT TEAM----------------------------------------------------------------------------------------------------------------------- 11 FIELDMAINTENANCE TEAM------------------------------------------------------------------------------------------------------------------------------ 12 MANAGEMENTCONTACTS:------------------------------------------------------------------------------------------------------------------------------ 13 Additional Resources available to the City ofSeal Beach--------------------------------------------------------------------------- 14 ORGANIZATIONAL INFORMATION----------------------------------------------------------------------------------------------------------------------- 15 EXCEPTIONS-------------------------------------------------------------------------------------------------------------- L;

COMPANY QUALIFICATION
ABRIEF OVERVIEW OF SIEMENS------------------------------------------------------------------------------------------------------------------------- 17 OURDISTINCT QUALIFICATIONS------------------------------------------------------------------------------------------------------------------------ 18

KEYCONTACT--------------------------------------------------------------------------------------------------------------------------------------- PROOF OF CONTRACTORS LICENSE AND DIR REGISTRATION-------------------------------------------------------------------------------------- 19 PRIMARY FACILITIES AND STAFF SUPPORTING THE CITY OF SEAL BEACH:------------------------------------------------------------------------ 20 FINANCIALINFORMATION-------------------------------------------------------------------------------------------------------------------------------- 21 PROJECTAPPROACH--------------------------------------------------------------------------------------------------------------------------------------- 22 WhatSets Siemens Apart------------------------------------------------------------------------------------------------------------------------ 22 MaterialInventory ---------------------------------------------------------------------------------------------------------------------------------- 22 Reporting and Record Keeping--------------------------------------------------------------------------------------------------------------- 23 TestingServices------------------------------------------------------------------------------------------------------------------------------------- 24 Fiber Optic Repair Installation, Maintenance Services-------------------------------------------------------------------------------24 USADig Alert----------------------------------------------------------------------------------------------------------------------------------------- 24 Customer Portal ( Traffic Signal Service Management System)-------------------------------------------------------------------- 25 IndustrySpecific Tools---------------------------------------------------------------------------------------------------------------------------- 26 Vehicles& Equipment---------------------------------------------------------------------------------------------------------------------------- 27 WHYCHOOSE SIEMENS?----------------------------------------------------------------------------------------------------------------------------------) Q REFERENCES------------------------------------------------------------------------------------------------------------------------- 30 INSURANCE REQUIREMENTS---------------------------------------------------------------------------------------------------- 33 SEALED FEE PROPOSAL------------------------------------------------------------------------------------------------------------- 34 SIEMENS DELEGATION OF APPROVAL AUTHORITY----------------------------------------------------------------------- 35 April 23` d, 2019
Ms. Iris Lee
Deputy Public Works Director
Department of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
RE: Proposal for: Traffic Signal Maintenance Services
Ms. Lee,

SIEMENS
I" ICAnNi -( or (Afe..

Siemens ITS would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing maintenance, emergency response and repairs for the City' s traffic signal system. The prices and terms stated in our proposal package will remain in effect for 90 days from the date of submission, April 23` d, 2019.

Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29` h 2017. Siemens Intelligent Traffic Solutions ( ITS) is a business unit within Siemens Mobility, Inc. a subsidiary member of the Siemens AG corporate group. Our federal tax employer I. D. number is 30- 1018552 and our corporate address is One Penn Plaza Suite 1100, New York, NY 10119.

Siemens ITS is an electrical contracting firm who is a California licensed A and C- 10 contractor CA License # 1042278) and is also a registered Public Works Contractor ( DIR No. 1000059880), who provides leading edge traffic technology for the fast -paced Intelligent Transportation Systems world. Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Siemens brings innovative and reliable solutions to customers.

During the evaluation, if there are any questions regarding this proposal please, feel free to contact either of us using the contact information listed below. We look forward to continuing to serve the needs of the City of Seal Beach and would like to thank you in advance for your consideration.

Respectfully,
Siemens Industry, Inc.

Steven M. "Tea[ -
Director of Service
2250 Business Way
Riverside, CA 92501
951) 784- 6600 office
951) 784- 6700 fax
steven. teal@siemens. com
Siemens Ind s
Mi ael . Hutchens
Operations Manager
2250 Business Way
Riverside, CA 92501
951) 784- 6600 office
951) 784- 6700 fax
michael. hutchensgsiemens. com
Work Plan
Scope of work
V. ROUTINE MAINTENANCE
Siemens will provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment. Siemens will inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer' s original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of all cabinets shall include the repair/ replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City' s communication system, testing and repair of battery back- up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation.

Failure of Siemens to provide the services outlined in its Routine Maintenance list that requires the City or its agent to make corrections, shall be billed back to Siemens plus markup.

Monthly Inspection
Siemens will inspect, clean, adjust and make a routine inspection of each traffic signal location once per month. Siemens agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City.

Siemens will submit a standard checklist for inspections and tasks that are conducted at each intersection, which will include, but not limited to the following:

1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery backup cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/ protect all related facilities for/ from insect/ bug/ rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.

2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Siemens with the City' s approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records.

3. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet.

4. Check and set, if necessary, all real- time digital clocks to the National Bureau of Standard Time.

S. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/ bicycle push buttons for correct detection of various modes of transportation, and adjust or repair as necessary to restore intended operation. This includes splicing ( or re - splicing) of detector loops and the replacement of pedestrian/ bicycle push buttons.

6. Inspect all load switches, Battery Backup Units ( BBU' S), photo -cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary.

7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications ( including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/ or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent ( 80%) depletion curve will be replaced. All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately. Missing signs including pedestrian/ bicycle push button plates will be replaced. Cracked or damaged loop sealants will be re -sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.

8. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non -emergency work.

9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses ( controller) and adjust or repair, as needed. Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Siemens will verify the grounds and connections of the copper twisted pairs at those locations using this communication system.

Siemens will test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation to Siemens. Siemens may be required to provide assistance to the City, or other firms selected by the City, to troubleshoot Ethernet connections, as requested.

10. Check battery back- up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Siemens will notify the City of nonoperable or low -output batteries within twenty- four ( 24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged ( i. e., " exploded" or " cracked"), Siemens may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.

11. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned -out or dim lamps as reported or observed. Siemens will notify the City of any sign panels or housing in need of refurbishment or replacement.

12. Inspection of flashing beacon operation and make any repairs or replacement of lights, as required. For some locations, Siemens will be responsible for updating the programming on an annual basis on local school bell schedule. Siemens will also update the programming for daylight savings twice per year.

13. Inspect the operation of speed radar signs and make any repairs as required Quarterly Maintenance (Every Three Months)
The following tasks required quarterly ( every three months) will be included in the established monthly fees for routine maintenance:

1. Cabinet door locks and padlocks will be lubricated with graphite lubricant, or equivalent, and maintained in good working order. Any missing or damaged locks will be replaced and/ or repaired.

Semi -Annual Maintenance ( Every Six Months)
The following tasks required semi- annually ( every six months) will be included in the established monthly fees for routine maintenance:

1. Air Filters — Siemens will replace the air filter elements in all cabinets so equipped.

2. Battery Back- up System — Traffic signal battery back- up systems will be checked by electrical bypass for appropriate operation per the manufacturer' s specifications. The City shall approve the schedule prior to the commencement of work. Siemens will also review and prepare a report of annual replacement of batters by location and submit to the City.

Yearly Maintenance
The following tasks required once a year shall be included in the established monthly fees for routine maintenance:

1. Conflict Monitor — Siemens will test conflict monitors. Siemens will supply a report for each test conducted. The test will be conducted utilizing a replacement monitor ( like kind) to monitor the intersection while the test is being conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance.

2. Emergency Vehicle Pre- Emption ( EVP) — The optical detector lens will be cleaned according to the manufacturer' s specifications at all signalized intersections and fire station installations throughout the City. Siemens will supply a report for testing of EVP system at each intersection.

Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance.

3. Traffic Signal Controller Software — Siemens will verify and update records of current controller software or firmware. This includes the spare controllers that Siemens maintains for emergency replacement of failed traffic signal controllers. All updates of controllers that require shut -down of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year.

4. Painting — Siemens will prepare and submit an annual work authorization request to the City listing cabinets ( i. e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for Siemens to proceed on the painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed by Siemens within twenty- four ( 24) hours of the observation or report, whichever is earlier. Siemens will use the City' s current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment.

Repair and Replacement
Siemens will replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned - out lamps, detector loops, video detection cameras and/ or units, push buttons, sensing units and wiring system, communication internal modems and/ or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance.

Siemens will complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.

Loop Detector Replacement
Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance.

Lamps and Lighting
Siemens will furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent ( 80%) depletion curve ( or fall outside acceptable levels), but not to exceed twenty- four ( 24) months, in accordance with the time schedule contained in the specifications. All traffic signal lamps must conform to the standards of the N. E. M.A., U. L., E. I.A., A.S. T.M., A.N. S. I., and any ordinance that may apply.

Siemens agrees to use only standard traffic signal LED' s equivalent in performance, reliability and durability to those manufactured to California Department of Transportation' s ( Caltrans) standards.

Siemens agrees to supply all labor and equipment to perform the re- lamping function, with the cost of the LED' s to be invoiced to the City.

Siemens will clean, polish and inspect all lenses and reflectors at the time the traffic signals are relamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically -programmed signal heads adjusted.

If incandescent lamps are present and are in need of replacement based upon the above criteria, Siemens will replace the lamp to an approved manufacturer LED.

The monthly Routine Maintenance bid price will include lamp replacement of burned- out/ dimmed lights, as needed. LED modules and pedestrian indication replacement modules ( material only) will be billed under Extraordinary Maintenance.

Emergency Service
Siemens will maintain a 24 -hour -per -day emergency service per the provision of Routine Maintenance for the replacement of burned - out lamps, turned heads, and controller malfunctions. Siemens will make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under Extraordinary Maintenance. The intersections where said traffic signals are located will be regularly patrolled by Siemens.

Siemens will make immediate service calls on an emergency basis , responding within one ( 1) hour of notification during normal working hours of the Contract, and within two ( 2) hours during non -working hours of the Contract, including Saturdays, Sundays, and holidays in the event of any traffic signal system malfunction. Siemens is required to provide the reporting party, if different than the City, with an estimated time of arrival. The replacement of burned -out lamps need not be on an emergency basis provided there are at least two ( 2) indications still in good operation for each direction of travel. Such replacements will be handled as soon as possible under Routine Maintenance.

Payment for Routine Maintenance
Siemens will submit separate monthly billings for Routine Maintenance at the Contractor lump sum price per flashing beacon, per speed radar sign, and per signalized intersection, which will include safety lights and illuminated street name signs, per month. Said compensation will include all labor, materials, equipment, overhead, and profit for routine services in the price bid per intersection, per month, and no extra compensation will be allowed.

VI. EXTRAORDINARY OR EMERGENCY MAINTENANCE
Extraordinary/ Emergency Maintenance involves the repair or replacement of equipment damaged by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation.

Extraordinary/ Emergency Maintenance also includes replacements based on obsolesce, required MUTCD updates, or other unusual factors when labor and materials necessary to ensure safe and efficient operation of the City' s traffic signal system goes beyond Routine Maintenance.

Siemens will provide Extraordinary/ Emergency Maintenance for the traffic signal system and related equipment. Siemens will prepare and submit a work order to the City providing a detailed justification for the needed repairs. The work shall be subject to the City' s authorization. City reserves the right to separately bid Extraordinary Maintenance work to other firms, without compensation to Siemens.

Siemens may be required to assist or support other City -retained firms, as requested.

Siemens will be advised that all work will be schedule for normal working hours unless, but not limited to:

1. A completely blacked out intersection

2. Less than two (2) indications per lane is inoperative

3. Conflicting signal timing

4. City request
Extraordinary/ Emergency Maintenance will generally include, but not limited to:

1. Repair and/ or replacement of failed or malfunctioning equipment

2. Modifications to traffic signal equipment, such as, but not limited to, upgrades of controller cabinets and controller components. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart.

3. Replacement of battery back- up system components

4. LED module replacements

5. Pedestrian indication replacements

6. Painting of cabinets and signal heads

7. New lenses and framework

8. Loop detector replacements

9. Video detection camera repair/ replacement

10. Interconnect installation, repair, terminations, and testing of same ( excludes Routine

11. Maintenance testing)

12. Replacement of equipment that becomes obsolete or deteriorated equipment that is beyond its serviceable life.

Other Extraordinary/ Emergency Scope of Work
Siemens response to all Underground Service Alert ( USA) requests/ notices relating to traffic signals, interconnect, and communication infrastructure will be billed as Extraordinary Maintenance.

Siemens may be required to assist in the final inspection of new installations or provide interim emergency response or repairs not currently owned by the City, as authorized by the City.

Notifications
Siemens will report to the City the condition and provide satisfactory evident that replacements/ repairs are necessary, and provide cost estimates, including labor, equipment and material, to perform said work. Siemens will also submit to the City photographic records of damaged equipment requiring replacement/ repair. No work will proceed without the City' s written authorization, except in emergencies and/ or when immediate replacement/ repair is needed to ensure public safety.

All Extraordinary Maintenance work orders will be completed by Siemens to the City' s satisfaction within ten ( 10) calendar days, unless otherwise agreed upon with the City. The completion of final repairs subsequent to Siemens temporary repairs shall be subject to the same ten ( 10) calendar day' s completion requirements. Should Siemens be unable to complete said work within the specified time, Siemens will submit a written explanation of the delay and an anticipated completion date for said work for the City' s review and approval.

Siemens will notify the City within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. Siemens will also provide a schedule for completion of any Extraordinary Maintenance work, and an estimated completion date.

Emergencies
Siemens will maintain a 24- hour per day emergency service for the replacement of burned -out lamps or LED' s, turned heads and controller malfunctions, or any damage that may pose a public hazard. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will repair parts, replace parts and lamps or LED' s, and otherwise keep the traffic signals in good working condition. Siemens will maintain a local telephone number where representatives of Siemens can be reached 24 hours per day. This telephone number is to be made available to all persons designated by the City.

Siemens will respond immediately to emergency calls and dispatch qualified personnel and equipment to reach the site within one ( 1) hour under normal circumstances. The follow traffic control procedures for emergency repairs will apply:

1. Siemens vehicle will carry sufficient and appropriate traffic control equipment to direct traffic during an emergency and/ or when deemed necessary by the City.

2. If no police officers are present and temporary STOP -signs have been set up upon Siemens arrival, Siemens will survey the site and provide additional traffic control devices, as necessary, then proceed to repair traffic equipment. Once the signal is back in operation, Siemens will remove all of the temporary traffic control devices and return City -owned devices.

3. If a police officer is present upon Siemens arrival, Siemens will immediately examine the signal, evaluate the situation, and report to the police officer to determine the next course of action.

4. If Siemens must leave a blacked - out signal location that has STOP - signs in place, Siemens will consult with the police and set the signal to flash operation if power is available. Siemens will follow- up to restore normal traffic signal operations as soon as possible.

Underground Service Alert
Siemens will be responsible to respond to all Underground Service Alert ( USA) requests/ notices/ tickets or at the request of the City for all marking and protection of traffic signal unground facilities/ infrastructure including, but not limited to, traffic signal and electrical conduit, interconnect and communication facilities, loops, and other appurtenant equipment.

Siemens will be responsible for properly locating noted facilities/ infrastructure and maintaining an upto- date inventory and as- builts for said purpose. All updates shall be transmitted to the City in a format adequate for its records.

In the event said facilities/ infrastructure is damaged due to Siemens failure to properly mark the facilities/ infrastructure per the records, the costs for repairs will be the sole responsibility of Siemens for areas that were not properly marked. It shall also be Siemens responsibility to coordinate, clarify, and/ or verify with the requesting party.

Painting
Siemens will repaint all metal standards, signal heads, back plates, visors, controller housings, and appurtenances, as directed by the City. Repainting will be conducted by spray painting methods with colors, sheen, types consistent with traffic signal standards, and as approved by the City. Siemens will annually inspect and prepare a list of locations as part of Routine Maintenance, and submit to the City for work authorization.

Street Light Maintenance
Siemens will repair/ replace all equipment associated with City -owned streetlights as directed and approved by the City. City -owned streetlights and all associated components will be repaired or replaced as Extraordinary Maintenance. City -owned streetlights are limited to ( 1) Main Street, and ( 2) 1st Street Parking Lot.

Method of Payment
An itemized invoice will be submitted within thirty ( 30) days of completion of the work. City will compensate Siemens for Extraordinary Maintenance work as follows:

1. Materials — City will pay to Siemens for materials used in Extraordinary Maintenance Siemens cost plus a percentage mark- up as specified in Siemens bid proposal, but in no case more than 15 percent ( 15%). All parts and materials shall be new. Used parts will not be used, unless explicit written authorization was provided by the City. The City reserves the right to inspect all Siemens records to verify material cost.

2. Direct Labor — Siemens will present with its monthly itemized invoice a record of hours spent under Extraordinary Maintenance. Siemens hourly rates will include compensation for wage, profit, overhead, fringe benefits, health and welfare, worker' s compensation insurance, pension/ retirement benefits, vacation/ sick leave, union tax, assessment, and any applicable local/ state/ federal/ union related costs.

3. Equipment — City will pay Siemens for equipment use under Extraordinary Maintenance on a per -hour basis, as specified under Siemens bid proposal. No additional payments of any kind shall be paid for equipment, unless otherwise noted.

No additional compensation will be paid for transporting the equipment to/ from the job site.

Other

1. Labor Strike — It will be Siemens responsibility to provide continuous maintenance services, without any interruption, of all traffic signals. In the event of a labor strike, Siemens will provide other means, at its sole expense, to provide comparable services. City reserves to right to take any necessary actions to provide such services should Siemens fail to fulfill these terms. All costs plus mark- up will be borne by Siemens.

2. Permits and Licenses — Siemens will obtain all necessary permits and licenses ( including City business license) to perform the Contract work at its sole expense. Siemens will give all notices necessary and incidental to the due and lawful prosecution of the RFP.

3. Patents — Siemens will assume all responsibilities arising from the use of patented materials/ equipment/ devices/ processes/ technologies.

Staffing Plan
Contract Management Team
If selected, Jeffrey Pierce will be the Account Manager serving the City of Seal Beach. Jeff, his service coordinator, Jennifer Hall, and the area supervisor, Henry Graves, will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment.

Our account management team as well as our field staff will work closely with you and your team in order to ensure that all of your requests are being effectively addressed. We make every effort to make certain that the City' s staff is always aware of issues that are in need of attention.

Jeffrey Pierce, Service Account Manager
Jeff has over 31 years of extensive experience in the traffic signal maintenance industry. He is extremely knowledgeable with all aspects of traffic signal maintenance, repair, and construction. He has served in multiple roles from field technician to field supervisor and is currently a Service Account Manager. Jeff is accountable for the overall performance of contracts in the San Diego and Orange County territory, manages 10 field employees and will be the primary Siemens representative responsible this contract.

Experience:
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Service Account Manager, Siemens - October 2012 to Current YParton ow m PUWC WETY
Service Operations Supervisor, Siemens - 2010 to 2012
IMSA Work Zone Safety
Project Manager, Republic ITS - 2004 to 2010
IMSA Level I, 11, III Certified Traffic Signal
Lead TrafficSignal Tech, Signal Maintenance - 1992 to 2004 Technician
Utility Technician, Lekos Electric - 1991 to 1992
Traffic Signal Technician, Southwest Signal Service - 1988 to 1991 Other Industry Certifications:

ATSSA Traffic Control Technida n
ATSSA Traffic Control Supervisor
Jennifer Hall, Service Coordinator
Jeri has over 7 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, Mcompanion, and SharePoint. Jen is responsible for day to day coordination, dispatching, Customer billing, and support for Jeff and the field technicians with all other topics.

Experience:

Service Coordinator, Siemens - 2014 to Present
Administrative Support, Siemens - 2012 to 2014
Other Certifications:

Licensed Notary
Henry Graves, Maintenance Field Supervisor
Henry has 33 years of experience maintaining and repairing traffic signal and streetlight systems. He is extremely knowledgeable with all field elements including, but not limited to, traffic signal rewiring, underground conduit installation, traffic signal modifications, pole foundation removal and installation, complete traffic signal installation, and routine/ emergency maintenance response. Henry will be responsible for supporting the Service Account Management Team with monitoring maintenance field activities, site inspections, and scheduling maintenance technicians.

Experience: mogsz
Field Supervisor, Siemens - 2010 to Present Yaw Part onto PUBEKSAHT- YMaint. Superintendent, Republic ITS - 2004 to 2010 IMSA Work Zone Safety Utility Supervisor, Signal Maintenance, Inc. - 2000 to 2004 Utility Lead, Signal Maintenance, Inc. - 1995 to 2000
Utility Worker, Superior Signal Services - 1986 to 1995 Field Maintenance Team
Siemens will assign one primary IMSA certified Level III traffic signal technician, who will be responsible for responding to calls within normal business hours. We will assign two secondary IMSA certified Level III traffic signal technicians to provide back up support in the event your primary technician is unavailable ( i. e. vacation, sick days, jury duty, etc.).

Primary Technician:

Naim Yanie, Traffic Signal Technician
Yanie has 10 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers ( ASC/ 2070) and Econolite software systems. He also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc.

Experience:
ur j Traffic Signal Technician, Siemens - 2016 to Present rm,. P_ m PUBLIC WET Traffic Signal Specialist, City of Irvine — 2014 to 2016 IMSA Work Zone Safety Traffic Signal Technician, Siemens - 2010 to 2014 IMSA Level 1, II, III Certified Traffic Signal Traffic Signal Technician, Republic ITS - 2009 to 2010 Technician Other Industry Certifications:

NEC Certified
Cert No. 157902
Expires 06/ 09/ 2020
Econolite ASC3 Controller Certified
Econolite Autoscope Certified
Iteris Video Detection Certified
Bucket Truck Certified
ATSICMU/ MMUTest Equipment
Certified
i
Back- up Technicians:

Kevin Daxon, Traffic Signal Technician
Kevin has 18 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers ( ASC/ 2070) and Econolite software systems. Kevin also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc.

I
Experience:
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Traffic Signal Technician, Siemens - 2010 to Present yw y- n PUBLIC SAfEiY Traffic Signal Technician, Republic ITS - 2007 to 2010 ' IMSA Work Zone Safety Traffic Signal Technician, Team Econolite — 2004 to 2007 IMSA Level I, II, 111 Certified Traffic Signal Traffic Signal Technician, Signal Maintenance, Inc. - 2001 to 2004 Technician Other Industry Certifications:

NEC Certified
Cert. No. E - 149693- G
Expires 08/ 19/ 2019
Econolite ASC3 Controller Certified
Econolite Autoscope Certified
Bucket Truck Certified
ATSI CMU/ MMU Test Equipment j
Certified
I MSA Certified Signal Inspector j
Management Contacts:

Michael Hutchens is the Southwest Area Operations Manager and is responsible for all operations in California and directly manages the service team that, if selected, would be managing the day to day traffic signal maintenance activities in the City of Seal Beach. Steven Teal, the Director of Service for Siemens Mobility Inc., is heavily involved in the operations and is available as an escalation point if ever necessary. Both Michael and Steven have signatory authority and are able to execute documents/ contracts on behalf of Siemens Mobility, Inc.

Steven M. Teal, Director of Service ( U. S.)
Steven has had a long, productive, and successful career in the traffic signal maintenance and repair j industry. Currently he assumes the accountability for overall profits and losses for the complete Customer Service ( CS) business nationwide with responsibility for 60 office employees, management of 250 field employees and over 250 municipal traffic signal and street lighting maintenance contracts. Steven is involved in the local operations and will provide technical support to the local contract management team.

We feel it' s important that Customers have the ability to voice opinions, concerns, and compliments to our senior managers, therefore Steven will be available to you as a top level escalation point.

Experience:
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Director of Service ( U. S.), Siemens - October, 2015 to Present Y- v. v. m wxx WM Southwest Operations Manager, Siemens - 2012 to 2015 IMSA Work Zone Safety Regional Manager, Republic ITS - 2007 to 2012 > .. IMSA Level 1, II, III Certified Traffic Operations Manager, Republic ITS - 2006 to 2007 Signal Technician Project Manager, Republic ITS - 2004 to 2006 IMSA Associate Member Maint. Manager, Signal Maintenance, Inc. - 2003 to 2004 Other Industry Certifications:

Lead Traffic Signal Technician, Signal Maintenance, Inc - 2001 to 2003 Microprocessors Traffic Signal Technician, Signal Maintenance, Inc - 1998 to 2001 Iteris Video Detection Michael Hutchens, Area Operations Manager
Mike has over 25 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional and competent through the years from field laborer to project management, and most recently Operations management. Mike is responsible for overall profits and losses for the Southwest US territory with responsibility for 30 office employees, management of 70 field employees and 115 traffic signal and street lighting maintenance Customers. Mike is directly involved in the day to day operations. Mike will support the contract management team and also serve as the Cis first point of escalation, if necessary.

Experience: IP- MPU
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Operations Manager, Siemens - November, 2015 to Present Y - RUC SME" Senior Service Account Manager, Siemens - 2010 to 2015 - IMSA Work Zone Safety Sr. Project Manager, Republic ITS- 2006 to 2010 - IMSA Level I, II, III Certified Traffic Signal Maintenance Operations Manager, Team Econolite - 2003 to 2006 Technician Chief Estimator, US Traffic Corporation - 1998 to 2003
Utility Technician, Signal Maintenance, Inc. - 1994 to 1998 Additional Resources available to the City of Seal Beach In addition to the previously mentioned technicians, Siemens has over 20 additional traffic signal technicians ( mostly IMSA III certified) located in Orange, Los Angeles, Ventura, and Riverside / San Bernardino County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for ( USA) Dig Alert service, Corning certified fiber optic technicians, and our own in- house loop crew. Siemens ITS has the largest workforce of IMSA level III Certified Traffic Signal Technicians and NEC Certified Electricians in the industry.

For your reference and to outline the strength of our team, we have listed additional personnel below:

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Proposed sub -consultants/ sub -contractors
All services as outlined in the RFP will be provided and performed by Siemens as the Prime contractor.

With that stated, we at Siemens do maintain relationships with numerous specialty contractors throughout the industry in order to be able to respond to our customer' s needs as a complete one stop solution for all things traffic signal and street lighting related.

Organizational Information
Steven Teal
Director of Service
Michael Hutchens
Operations Manager
Shenoa Townsend
Service Account Mana
Debra McVay- Manzo Jennifer Dalby
Service Coordinator Dispatcher
Naim Yanie
Minh Tran Christopher Slocum
IMSA Level III
Traffic Signal Technician
Engineering Technician Field Supervisor
Kevin Daxon
IMSA Level III
Traffic Signal Technician
David Elias
IMSA Level I
Traffic Signal Technician
21 Additional
Signal Technicians
23 Const./ Auxiliary
Employees ( Foreman,
Crane Operators,
Groundsman, etc.)
Exceptions
At this time, Siemens takes no exceptions or has any deviations to the RFP or contract documents.

Furthermore, by submitting this proposal, Siemens acknowledges concurrence with the terms of the City' s sample contract agreement, which was included in the RFP documents.

Company Qualification
A Brief Overview of Siemens
Our Past
Founded by Werner Von Siemens ( pictured right) in 1847, Siemens has become a global powerhouse in electronics and electrical engineering,. operating in the industry, energy and healthcare sectors. Siemens AG Berlin and Munich) entered the traffic industry market in 1924 with the implementation of the first signal system with red, yellow and green in Berlin, Germany. Innovation continued when Siemens introduced the first centrally controlled light signal system in 1926 and a tradition of developing ground -breaking technology in the traffic industry began.

With its many years of presence in the world markets, Siemens Traffic Solutions possesses extensive international know- how and proven technical platforms in the areas of traffic management and guidance.

Siemens entered the US transportation market in 1995 through the acquisition of two industry leaders in the United States; Eagle Traffic Control Products and Gardner Transportation Systems. In 2010 Siemens acquired Republic ITS, a U. S. leader in traffic signal and street light maintenance services in order to enhance its presence in the intelligent traffic solutions ( ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Siemens Intelligent Traffic Solutions (ITS) business unit has the ability to solve traffic problems throughout the country and around the world.

Our Present
Siemens currently services over 10,000 traffic signalized intersections and 400, 000 streetlights under long- term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. Siemens has been in the traffic signal maintenance industry worldwide for over 50 years. Locally, Siemens ( formerly Republic ITS & Signal Maintenance, Inc.) has been in business for over 40 years servicing numerous contracts throughout the state of California. Currently, in California alone Siemens maintains intersections for over 140 agencies encompassing over 4,000 locations of various sizes from full function intersections to in - pavement flashing crosswalks and rapid flashing beacons.

Our Future
At Siemens, we are always looking to the future and for our ITS division, the future is bright. With infrastructure improvement being the focus for many municipal governments these days, it is imperative that Siemens stays on the cutting edge of technology in order to remain relevant. Whether the agency is looking for connected vehicle, smart street lighting solutions, service/ support contracting, ITS software and controllers or complete infrastructure management, Siemens is constantly evolving the industry. We look to the future with the foresight that can only be gained through 170 years of experience and more importantly, we aim to shape it.

Our Distinct Qualifications
We feel that Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner.

Among some of the most beneficial:

Siemens has the largest workforce of IMSA level III Certified Traffic Wft Signal Technicians and NEC Certified Electricians in the industry.

Siemens has strategically positioned local field offices with an !` abundance of inventory and technical resources.

Our ability to complete entire projects in- house. Although we have many valuable external partners, we do not have to rely on consultants, outside subcontractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays.

Siemens is able to partner with numerous manufacturers and i
distributors to provide leading technologies that will deliver a product that exceeds the City of Seal Beach' s expectations at an economical rate.

Being part of a large, multi -national corporation provides us with the ability to finance specific strategic opportunities for our customers.

We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtual real- time.

In summary, Siemens ITS is focused on delivering what cities need most today, safe, reliable infrastructure solutions. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions help you arrive safely, more efficiently and with less impact on the environment.

Key Contact
During the evaluation, if the City should have any inquiries regarding this proposal please, feel free to contact:

Michael J. Hutchens
2250 Business Way
Riverside, CA 92501
Office Phone ( 951) 784- 6600
Fax ( 951) 784- 6700
Email: michael. hutchens@siemens. com
Proof of Contractors License and DIR Registration
httos:// www2. csl b. ca. aov/ onli rieservices/ CheckLicense I I/ LicenseDetai I. asox? LicNum= 1042278 Contractor's License Detail for License # 1042278

SIEMENS MOBILITY INC
1026 E LACY AVE
ANAHEIM, CA 92805
Business Phone Number(714) 458- 1534
Entity Corporation
Issue Date 07/ 25/ 2018
Expire Date 07/ 31/ 2020
This license is current and active.

All information below should be reviewed.
r: 1n - FI Fr` TPl1' AI
Details Legal Name Registration County City License TypeMumbels) Current Status Registration Expiration Number Date Date
Vie, SIEMENS M06iL11Y LNC. 1000059880 ORANGE ANAHEIM CSLI3. 1042278 Active 07: 30! 2018 06730, 2019 Primary Facilities and Staff Supporting the City of Seal Beach:

Ifselected, all contract management, coordination and field technicians will be based out ofthis office:

Siemens ITS Anaheim, CA
Invoicing, Contract Administration and Warehouse
1026 E. Lacy Ave
Anaheim, CA 92805
Phone ( 714) 456- 9902
Fax ( 714) 456- 9905
Our Anaheim location is located 20 miles from Seal Beach City Hall near Anaheim Stadium. The warehouse at this location stocks over $ 500, 000. 00 in inventory including new controllers, cabinets, signals, luminaries and most necessary ancillary devices. Though most of our staff keeps plenty of equipment on their trucks, if the need arises, this location can be easily accessed around the clock 365 days a year as a source of additional inventory that is readily available. We also have our Riverside Test and repair facility east of the city near the intersection of the 91 and 60 freeways, which houses another 550, 000. 00 in readily available equipment as an additional resource.

Other Local Siemens ITS facilities. -
Siemens ITS' Riverside Office
Warehouse, Office, & % sting Facility
2250 Business Way
Riverside, CA 92501
Phone ( 951) 784- 6600
Fax ( 951) 784- 6700
Siemens ITS' San Diego, CA Office
Warehouse & Office
1820 John Towers Ave., Suite A
EI Cajon, CA 92020
Phone ( 619) 562- 1104
Fax ( 619) 562- 1125
Financial Information
Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29th, 2017.

Siemens Intelligent Traffic Solutions ( ITS) is a business unit within Siemens Industry, Inc. a subsidiary member of the Siemens AG corporate group, a multinational, multi -billion dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www. siemens. com through " Investor Relations". All required financial reports and filings are available at the SEC' s website http:// sec.goy/edqar.shtml. SMI and its subsidiaries are not publicly traded companies and do not release separate annual financial statements.

SIEMENS
I,/ - for-tife-
Project Approach
Our approach is simple; we work diligently with our cities to develop and evolve the systems of communication and to hone in on their needs as a customer. It is always the goal of Siemens ITS to structure our service around each individual Customer' s needs. We understand that throughout the term of a contract of this type, those needs may change so we approach all of our contracts with the same simple vision; build a partnership with the City' s staff and work towards achieving common goals set forth through that partnership. This is an ever evolving process and that is why we believe that the only successful route is through establishing these common goals. Our methodology and a commitment to service will be applied to every aspect of our services for the City of Seal Beach and we strive to continually evolve this concept.

Response times as requested in the RFP are easily met due to the City of Seal Beach' s central location to our territory here in Southern California. We have a large staff and a customer base that allows us to be near or even in the city at all times. Response times of less than one hour are commonplace with our service group and are what we strive for. These times would simply not be possible if not for the fact that we have numerous highly qualified technicians, all equipped with bucket trucks and a rolling stock of materials, working throughout the territory. In a nutshell, if we aren' t already there, we are always nearby which makes the one hour as requested in the RFP very easy to accommodate.

As stated above, response times are not an issue; this pertains to after- hours calls as well. All of our staff live throughout the area and take their vehicles home daily. We have numerous on- call technicians working/ available 24 hours a day. Both our standard phone lines and our toll free 1 ( 800) 229- 6090 are answered around the clock 365 days a year. We also encourage direct contact with individuals responsible for the contract such as the technician or superintendent in the event that the city believe that information can more easily transferred.

What Sets Siemens Apart
Though there are many reasons we feel that we are the best choice, listed in the following pages are just some of the remaining highlights that we feel we make us the better prepared and more qualified service provider to serve the needs of the City of Seal Beach.

Material Inventory
Siemens maintains an extensive inventory of traffic signal and streetlight equipment including controllers, cabinets, load switches, signal heads, poles, LED indications, luminaries HPS, MH, MV LPS and LED), service enclosures, controller cabinets and other miscellaneous parts. This extensive
inventory combined with our vast experience and testing facilities enable Siemens to repair or replace damaged
equipment expeditiously and professionally.

Siemens employees will be equipped with all spare parts necessary to place a signal system back in operation for all trouble calls, including sensing devices for induction loop detectors. No permanent or temporary change of controller mechanisms will be done without prior approval of the City except in case of an emergency. Siemens will notify the City that the equipment was removed and replaced with approved spare equipment. Inventory levels are maintained in order to accommodate each individual Customer' s needs. Siemens continually monitors and modifies inventory levels as required by current maintenance and repair.

Reporting and Record Keeping
Detailed Billing/ Activity Reports
In addition to our Customer Portal, Which will be outlined in the coming pages, the City will receive a detailed billing report on or before the
15th
day for the prior month. Each invoice will lists the
description, response, caller information, and the labor, equipment and materials billed for each location.
tiO' I OrYA1AOYrr I rwwaw
Dab C001pleteM F0. 14AR/ 1E12M6 01: 00 Work Older IF 600276410E DeW MOW Req. 3601177167
DesalpUW IEC POLE KD ' CALLER PD
Re$W—: REMOVED DAMAGED E0IUPIENT. DRLUM a MSTALUW MEIN W POLE.

TM. TM 3 EEC. PV HEAD E VbTT H AMWIN LENEE6. 2 R. 2 Y a 2 a PV I=& COUNT -DOWN COMO IM LED. RE -USM PEDIEAD iPM ASW. RMACED PPB AND DMECTIONAL PIJITE OLD EM VAROff PROGRAM YELL FOLOw UP WRN sALL LHIEEE a PROGRAM som F CRY wAnT THEM PRoaRAIB6I: D. lion: Oty and Unet Cost Extra Routrw
Marx
ELECTRICIAN RT 12 000 H it PeF H S $ 0.00
ELECTRKUN OT 8.000 H a pet H $ SO -00
ELECTRICIAII PT 6 000 H a pef H $ $ 0.00
SERVICE SOCKET TRUCK 26 000 H M oer H S 90.00
Trial S i 0.00
rnear a s o 0o11 s
Intersection Records
We will maintain permanent service records at each signalized intersection documenting all preventative maintenance visits, as well as all ongoing work, operations and hardware malfunctions, repairs and configuration work. An example of our cabinet log ( intersection record) is below:

SIEMENS CABINET LOO
Testing Services
Our laboratories specialize in controller and cabinet system testing and support services including, but not limited to conflict monitor testing and certification. Siemens' local testing facility is located in Riverside, California. Our facility have the ability to test and certify more than five ( 5) TS -1 or TS -2 Type control cabinet assemblies simultaneously. Our
laboratory has all tools and spare parts available to
allow our lab technicians to troubleshoot, test and
repair typical traffic signal controllers and apparatus as long as it' s found to be both economically and
time wise beneficial to the City.

Our facilities service all types and brands of traffic
signal control equipment including Caltrans
Standard, NEMA TS - 1 and TS -2 and ITS equipment. Siemens' s laboratory personnel include degreed IMSA certified traffic signal technicians and certified Electricians. Our Field technicians perform all traffic signal related tasks with decades of cumulative traffic signal test and repair experience.

Fiber Optic Repair, Installation, Maintenance Services
Siemens has a dedicated fiber optic placement, troubleshooting, and emergency repair team available for the City of Seal Beach. The team is fully equipped to perform OTDR testing, troubleshooting, fusion splicing, and any documentation needs for the City. Siemens' fiber optic team was responsible for successfully upgrading all CCN cameras and bringing in the fiber optic infrastructure into the new Caltrans District 8 Traffic Management Center in San Bernardino.

USA Dig Alert
Siemens has in- house underground utility locators that will respond to all Underground Service Alert USA) requests/ notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, street light conduits, and other appurtenant equipment which may conflict with other right- of- way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech.

Communication and Teamwork
At Siemens, we are your partner. Our project management team as well as our field personnel will be constantly communicating with the City representatives and we will follow all communication/ notification requirements as set forth and agreed upon. Routine monthly meetings will be key to ensure that everyone is on the same page, not only for system status but to make sure that we are on track with the City' s budget and that we are serving the citizens of the City of Seal Beach to the highest level possible.

Siemens employees working for the City will be equipped with any necessary communication devices in order to keep our City liaison( s) informed at all times. Currently, all of our staff is outfitted with an Android device that will enable them to send, and receive real- time information as well as text, email and phone capabilities.

Siemens recognizes that speed, efficiency, and comprehensive service are the keys to customer satisfaction in our industry. With this in mind, we are constantly seeking innovative ways to improve our service delivery. We have developed an in- house suite of applications that represent what we believe to be the forefront of customer account management and maintenance tracking in our industry.

Customer Portal ( Traffic Signal Service Management System) Another form of communication is our web -based management system where our technicians transmit all service information in real time. This is included with all of our maintenance offerings at no additional charge.

D The Siemens Customer Service Portal gives our Customer access to tyl lm reel- brne status u( routine meintenanee and servicr' dit, I ncalmn hictoty Isnrt/ iltrr by data. Iptatinn all type Mc.) Overall histfnicat n— itelance end el data.

R- I- b- eywpruenl urven( oiic s. map, event iepu 9,
AM nuoag— ot ( includes dr9dal phnhxjr.g)hs. GIS data. Googly S1- 0 viryr application Mc )
IWpY" r111r1WY
I f•( ttrllf IAllt hie lihit, millur9 IeslNllt\ t• Arlt) MI IP n dlnl llhn( e dein' III Iedl- tom
bad( to ouv order management system
usinq tablets/ chrome books.
p
Mhiuge Irialmdl (lm' Is distill warehnlne
M- stock availability.. material ordering. truck
to truck transfers. etc.)
G
This software also allows us to monitoi
many key performance items such as time
arrived onsite. time or completion.
y._
nihterials used. and vehicle/ equipment
used.

The contractual scope or work and all
nalllterid( Ke activities are also avallable
for le( I u rdn, to revim Ill oidel til
rmulr all tasks die, ( trupletHl wdthn liw
specified timeframe.

Technician Facing Application " mCompanion"
Siemens utilizes a proprietary management system that we refer to as mCompanion. This software is used to dispatch work orders and to track the progress of all work. Our technicians are now transmitting service response items ( preventative maintenance, emergency calls, scheduled extraordinary repairs, etc.) in real- time back to our traffic signal maintenance and management system using a handheld device. This allows our customers to view all work orders in real time through our Customer Portal. This software also allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/ equipment used. This information is then pulled into our internal processing system which features a secure web portal that the City can access in order to obtain progress on technician work for call outs and maintenance activities as well as a list of assets, asset map, real- time status of scheduled maintenance and service request calls, history per functional location, real- time equipment inventories, maps and event reporting as well as digital photographs of equipment. Detailed training of our management system is available anytime.

Industry Specific Tools
Siemens owns the following equipment used for various ITS components:

Two ATSI PCMT 8000 Conflict Monitor ( CMU) and Malfunction Certification Unit
Two ATSI PCMT 2600 Conflict Monitor ( CMU) and Malfunction Certification Unit
Fiber Optic Fusion Splicer w/ Cleaver
OTDR Tester
LED lumens Testers/ various brands
Multiple Metrotech Underground Locators ( USA Dig Alert) Monitor ( MMU) Test and
Monitor ( MMU) Test and
Vehicles & Equipment
Siemens owns and operates approximately 100 service vehicles of various types and sizes in the State of California. The bulk of which is located in Southern California. All technicians are assigned vehicles which are taken home daily in order to ensure rapid response in case of emergency. To help ensure safety, Siemens uses hydraulic bucket trucks with aerial lifts which are OSHA approved, inspected and certified as required by law. All drivers are trained through the Sentry Program for Insulated Devices. In addition to bucket trucks, Siemens also owns many construction vehicles towable arrow boards, towable air compressors, towable changeable message signs, Bobcat with auger & backhoe attachments, all required hand tools, and many other items for maintenance and construction. The list below shows our fleet in Southern California and its respective proximity from the city of Seal Beach.

Siemens Vehicles and Equipment
Minh Tran V3051 aD71 fiord WKkup
Matthew HLAs V061 2114 Ram Pid w
Kevin Duan V079 2017 ford 45' 7nealatied Bucket Trick
7 . Francisco Akrarado V078 2117 ford 45' Insulated Bucket Truk a
ax, s w Flom Vane S7- 4157 0586 3= 7 Ford 45' kwJiamed Bucket Truckk Rodrigo Gonzalez V050 2013 Ford Eaandene Val
u ': '` Benpimn P%fts 77- 34297M 20r,, Fail Q Imudaeed Bucket Truck Wlilk am Extunaun W4 2117 Fwd 45' kmAaWd Bucket Truk
a David Elias S7 -167U 358 2011 Cadge 40' taped Bucket Truck s Alberto Rarnir¢ VW 3117 Fwd 45' Bnsuiaeed Bucket Truck OwiskWher Franco V083 3112' Ford 45' IrWated Bucket Trus.

J „ Jorge L ora tiano V0B1 3117 Ford 4S' Lrs flamed Bucket Truk NeWe Ramos
g,
47- 22406942 2ri2 Ford 4Z' 7nsulaeed Bucket Truck
Samson Monte VW 2117 Fwd 45' kwuiamed Bucket Truck
Tmnadny % APaBkw V075 ZM7, Ford 45' Irisuitotad Bucket True Brandon Mddt S7 -1617U-7362111 Dodge 40' Non- Irmilamed Bucket Truck GabrW Knutson VOBS 3117 Ford 45' Lreuhoed Bucket Truck
Ben tnkken 47- 193223. 99 2111 Ford 40' Marr9rmallaeed Bucket Truck:
i
Gerardo Anguiano V0 Ci 3117 Fwd 45' Irrs<Aaoed Bucket Truck En>K) dwCdvsrpes S7, 211r Fard 40' NanllretfaoedBucketTruck Bucket Linda Mcneill S7- 20910286 2012 Fwd 42' Ireurlamed Bucket Truck e
Micheal Ortega V0T 2017 Ford 45' Ir" ned Bucket Truck
Dennis Kyle 57- 1671. 1733 2111 Dodge 40' Non4mullated Bucket Truck Yolanda Begarano V197PK 2009 Ford Eaonoline Van
Qnistophet Slocum V019 2017o Ford 45' ?reulated Bucket Truck Cow Landis V059 3117 Ford 45' Insulated Bucket Truck
Son Le S7- 20910.90 2117 Ford 41. Irtudaoed Bucket Truk Nadory Baker 57- 27077547 4713 Ilam 41. IrtsulatedBucket Tack W Willis 57- 41570570 2016 ford 42' ln% Aated Bucket Truck Tmodry Kasman V070 2017 lard 45' rWated Bucket Truck
David MoGno V037 2112 Ford Utiky Cormuction Service Truck Pedro Yanez V3060 2011 Ford Wky/Consnuction Service Truk Cecil Terry Jr. V034 2012 Ford UnkyiConsuucdon Service Truck Crag Yanes V015 2011 Fwd Uuity/ Carntrkcoon Service Truck Hugo Munoz V026 2012 Ford Utikty/ Conkstrucoon Service Truck Chad Newton V036 2012 Ford UOlityr' Conmkuowr Service Truck 1ohnadwn Burgess VW22 2009 Cher Utiiityl Cost Truck
Jose Robles Herrera 57- 39702400 2016 Ram 45' Insulated Bucket Truck Olsen Garcia V031 2012 Fwd Utility/ Construction Service Truck Casey GarciaV251SZ 2012 Chev Service Truck
Mark Medina V3054 2011 Ford Pickup
Michael De La Riva V3052 2109 Ford 40' Non4nsulated Bucket Truck Additional/ Pooled Vehicles
is • No. Nr Mak*_
CA NRFl- 0915
rrsr
VO93 2016 Ford 4 Yard Dump Truck CA 37946C2
VO52 2014 Freightliner Crane Track CA 41167M1
V3O63 2011 Ford Pickup Truck CA 89537C1
V3O64 2011 Ford Pickup Truck CA 449321- 1
VO23 2005 Ford 3 Yard Dump Truck CA 7R94547
V1O33 2002 GMC 7 Yard Dump Trick CA 7A5254S
57- 20910295 2012 Ford 42' Non Insulated Bucket Truck CA NRF1- 0915 47- 11832323 2008 Ford Utility/ Construction Service Truck IN 1093034 Available Constriction Equipment
ABS88 2014 Arrow Board ( Towable) CA NRFl- 0915
CC51 2011 GP Concrete Saw ( Circle Saw) N/ A
TR311 2004 MLBLT Trailer CA 4KE1864
ABS84 2014 Changeable Message Sign ( Towable) TBD
ABS87 2014 lChangeable Message Sign ( Towable) TBD
HM341 2000 Crafco Hot Melt Machine TBD
AC313 1999 Ingersoll Rand DP Air Compressor CA SE618O73 AB321 1999 Allmand 25 Lamp SP Arrowboard ( Towable) TBD TR511 1980 Cable Trailer CA 2FL48O3
M311 2009 Cimline Loop Sealing Hot Melt Machine CA SE56O124 VAC311 2009 Ditch Witch 8OO9al Vacuum ( Towable) CA 4LE8242 AC312 2008 Airman DP Air Compressor ( Towable) TBD
TR315 2007 Zieman 1170 Tilt Deck Trailer CA 4JE2941
ACO6O131 2007 Sullair Air Compressor ( Towable) CA SE6O0037 TR312 2007 Individual Conductor ( Wire) Trailer CA 4FU2198 AC29OO18 2007 Sullair Air Compressor ( Towable) CA SE6O0038 AC321 2006 Sullair Air Compressor ( Towable) CA SE6O0034 AB312 2006 Allmand 25 Lamp SP Arrowboard ( Towable) CA SE613989 AC341 2005 Ingersoll Rand DP Air Compressor CA SE6OOO22 gid'
VS 1800- LiGHTS ON I
Why Choose Siemens?
At Siemens ITS, we feel that we are uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among the most beneficial:

Our experience,
a

GLLIFORMA REPUKIC
Siemens ITS continues to successfully execute long term service agreements in over 200 communities nationwide, which include maintenance programs for:
10,000 Signalized Intersections.
400,000 Streetlights.
600 callboxes.

In California, Siemens ITS maintains traffic signals and street lighting for 115 communities, encompassing:
4,000 signalized locations
40, 000 streetlights.

As the leader in the private traffic signal and streetlight maintenance industry in the United States, Siemens ITS is able to provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial:

Siemens has the largest workforce of IMSA level III Certified Technicians and NEC Certified Electricians in the industry. In addition, Siemens employs a wealth of key construction personnel for major repairs, dedicated utility locators for underground service alert ( USA) Dig Alert service and Corning certified fiber optic technicians.

Siemens has strategically positioned local field offices with an abundance of inventory and technical resources.

Our ability to complete entire projects in- house. Although we have many valuable external partners, we do not have to rely on consultants, outside sub -contractors, or sourced project management.

This improves communication, streamlines work, and eliminates unnecessary costs or delays.

In conclusion, Siemens ITS is focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the city of Seal Beach and its residents. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions can help you arrive safely, more efficiently and with less impact on the environment.

References
References/ Recent Project History
Siemens has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track -record highlighted by our well- qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to maintain a community' s infrastructure and strive to exceed our customer' s expectations. 201 1 -
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Insurance Requirements
Siemens Mobility, Inc. plans to fully intend to comply with the insurance requirements set forth in the RFP, should we be awarded the contract.

Please see sample Insurance Certificate below:

Sealed Fee Proposal
As requested in the RFP, we have placed the Sealed Proposal Fee in a separate sealed envelope, which is clearly labeled " Sealed Fee Proposal" with our company' s name and project title.

SIEMENS
City of Seal Beach
Traffic Signal Maintenance Services
Project Cost Schedule

1. Routine Maintenance
Item Description: unit amwitkV Ufa TOW Pift T
Monthly Traffic Signal Maintenance EA 22 $ 75. 50 $ 1, 661. 00 $ 19, 932. 00 Monthly Flash Beacon Maintenance EA 5 $ 35. 00 $ 175. 00 $ 2, 100. 00 Total $ 22, 032. 00
U. Direct Labor Rates
Item **$ Cdoon unit RqwA0fWe
Service Truck HR
Operations Superintendent HR 70.00 70.00 70. 00
Foreman HR 120.00 150.00 178. 00
Traffic Signal Technician HR 115. 00 140.00 167. 00
Streetlight Technician HR 105. 00 124.00 143. 00
Utility Technician HR 115.00 140.00 167. 00
Groundsman I HR 100.00 140.00 140. 00
Lab Technician HR 85. 00 1 85.00 85. 00
Engineering/ Systems Technician HR 120. 00 1 150.00 178.00 Regular time hours are Monday - Friday 7: 30AM- 4: 30PM ( excluding Holidays) Overtime hours are Monday to Friday 4: 30PM- 07: 30AM, Weekends and Holidays 111. Equipment Rates
IV. Extraordinary Maintenance
1 Unit.' U
Service Truck HR 25. 00
Bucket Truck HR 28. 00
Crane Truck HR 55. 00
Towable Air Compressor HR 5. 00
Towable Arrow Board HR 5. 00
IV. Extraordinary Maintenance
1 Unit.' U
Underground Services Alert ( USA) Locate/ Markout Services HR 132. 12 Install 6' Dia Circular Type E Loop ( 1- 4 loops) EA 500. 83 Install 6' Dia Circular Type E Loop ( 5 or More loops) EA 427.43 Cabinet Testing EA 880. 83
V. Material
Item oet6riptkm Unit . Unitl:]
Material Mark- up will be Invoice Cost Plus 15%

SIEMENS
I CSL- LGATTON ONLY APPI_ IE: S T' O SIFMH: NS MOBILITY, INC. ALI GONTRAGT' S, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOGUMENTS ' 1' 0 BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND

MARSHA SMITH WITHOUT EXCEPTION

DELEGATION OF APPROVAL AUTHORITY FROM

CEO MARC BUNCHER AND CFO MARSHA SMITH
Mobility Management
Rolling Stock
Intelligent Traffic Systems
Turnkey Projects & Electrification
Customer Services
SIEMENS MOBILITY, INC.

A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. ( the Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person( s) may exercise such authority for and on our behalf up to $ 10 million.

AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
John Paljug
VP— MM
Stefan Heckrath
Senior Director, FBA — MM
Michael Cahill
VP — RS
Christopher Halleus
Senior Director, FBA — RS
Robin Stimson
VP — RS MK& S
James Thornton
Head of Procurement — MO
Andreas Thon
VP — TPE
Michael Tyler
Senior Director, FBA — CS
Marcus Welz
VP — ITS
Miriam Scheer
Senior Director, FBA — TPE
David Buchfuehrer
Senior Director, FBA — ITS

SIEMENS
B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business Operations Finance/ Central Support Function
Name/ Position Name/ Position
Douglas Dreisbach Nick D' Alessandro
Director, Projects — MM Controller, Products & Freight Engineering Carrie Hernandez
Director, RS SPR
MM
Stephan Klein, Jessica Shaiegan
SeniorProjectDirector — MM Director Procurement — MM
Steve Gitkin Valerie Conway
Sales Director - ITS Senior Director, RS SPR
David Gutierrez Thomas Wiechert
Director, RS LR Director RS LR
Luis Tondi Resta Dariusz Chrominski
Director Products — MM Director RS LM
Armin Kick Thomas Glafenhein
VP — LM & HI Director, RS SC BG & RS TD
Omid Akbarzadeh- Paydar Kim Swain
Director, RS SC BG Director, RS CRC & LM
Raymond Ginnell Angel Acuna- Siler
VP — RS CRC Director FBA Projects — MM
Mike Nolan Matthew Rumbold
Director, Sales — MM Manager, Procurement — CS
Laura Coates
General Manager, RS TD
C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
Tony Ritter
Director, CS
Nikki Bassi
Director RS
Reiner Martin
Director CS
Cathie Steele
Director, CS LR & MM
Mark Bennett
VP, Operations RS
Carrie Hernandez
Director, RS SPR
David Hart
Manager, TPE
Michelle Picard
Director, RS
Cesar Losada
Director, CS
Matthaeus Decker
Manager, RS SPR
Goutham Lingannagari
Director, Bid & Project Management — ITS
Craig Debevoise
Projects Commercial, ITS
Simon Davidoff
Director, Data Services — CS
David Anderson
Project Procurement Manager, TPE
Steve Teal
Director, ITS Service
Rudolf Wagner
Performance Controlling, MO
2 SIEMENS
Jeb A. Echols Warren Openshaw
Manager, Project Estimating — MM Director, Plaffqtiqns BA, RS Paul Aichholzer Natalie Liggett
Director, Projects, RS CRC & LM Sr. Commercial Project Manager, MM Rodrigo Resende Astig Arakelian
Business Development Professional, TPE Real Estate, MO
Benjamin Kotze Angela Maria De Paiva Delicado
Head of Engineering, TPE Finance Manager, REM Americas
Gary O' Brien
Constanze Kutschki
Head of REM Americas
Manager, RS SPR
D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business Operations Finance/ Central Support Function
Name/ Position Name/ Position
Paul Eliea, Tommy Charurat
Director, MM Director, Performance Controlling
RS
David Costello, Gisela Kaufmann
Director MM Controller MM
Dave Jeanette Constanze Kutschki
Manager, MM Manager, RS SPR
Jim Lyons Ronald Staggs
Sr. Manager, MM Commercial Project Manager, RS LR
Jeff Balogh Mary Matos
Sr. Director MM Commercial Project Manager, RS LR
George Long Christine Jaw
V Engineering RS Commercial Project Manager, CS
Robert Martner Kavita Patel
Senior Project Manager, RS LM Commercial Project Manager, CS Jeffrey Curran Christopher Smith
Project Manager, RS LR Commercial Project Manager, RS LR Duane Kopp Adam Huey
Project Manager, CS Commercial Project Manager, RS CRC & LM
Ron VanHuuksloot Thomas Koprowski
Project Manager, RS LR Commercial Project Manager, RS SC BG Thomas Stehlik David Spence
Project Manager, RS ME Commercial Project Manager, ITS
Viorel Aninoiu Solomon Lee
Project Manager, RS LR Commercial Project Manager, MM
Carsten Nebe David Sarles
Project Manager, RS CRC Procurement Commodity Manager, MM Mark Anderson Stuart Adler
Project Manager, CS Project Procurement Manager, MM
Aaldrik Metting Joel Nielsen
Project Manager, RS LR Commercial Project Mana er RS LR Chander Khanna, James Hryniewicz
Sr. Director, Manufacturing Processes Commercial Bid Manager, TPE RS
Ibrahim Kalender Darla Lesnykh
Project Manager, RS SC BG Commercial Project Manager, CS 3 f

SIEMENS
Barry Sidler Donna Lam
Program Manager, CS Commercial Project Manager, RS CRC
Luis Correia Noureann Mitchell
Project Manager, CS Procurement Project Manager, ITS
Michael Hutchens Rosa Baquero
Operations Manager, ITS Commercial Project Manager,
Field Services RS
William Tucker Sarah Jenik
Operations Manager, ITS Commercial Support, CS
Gerhard Leitner David Michna
Field Engineering Management, CS Commercial Project Manager, CS Ivan Bukin Peter Silberhorn
Project Manager, CS Commercial Project Manager, RS CRC & ME
Kevin McGrew Lars Volger
Director, Quality RS Commercial Project Manager, MM
Jamil Nasr Tien Pham
Engineering Director MM Commercial Project Manager, CS
Ben Linden Liam Nelson
Senior Director Carborne Engineering, Commercial Project Manager, TPE MM
Christopher Hammett Marcin Szczapa
Project Manager, TPE Commercial Project Manager, CS
Abhinav Mitra Clive Lepper
Project Manager, TPE Commercial Project Manager, RS LR
Matthew Thomas Michael Keats
Project Manager, CS Commercial Project Manager, TPE
Mason Boswell Noe Padilla
Project Manager, RS LR Commercial Project Manager, TPE
Mark Godsey Nishant D' Sa
Project Manager, TPE Commercial Project Manager, MM
Shawn McCuaig Lauren Westfall
Director, Field Services RS Commercial Project Manager, MM Evgeny Inozemtsev Lisa Cams
Project Manager, RS SC BG Commercial Project Manager, MM Francois -Xavier Beau Angela Hunter
Project Director, MM Commercial Project Manager, MM
Jacob Street Michelle Hillen
Project Manager, MM Commercial Project Manager, MM
Michael Carlo Anchal Bansal
Project Manager, RS LR Commercial Project Manager, ITS
Rolf Neuhaus Claudia Thiele
Project Manager, RS CRC Commercial Project Manager, ITS Hany Gadalla Karlene Keene
Project Manager, TPE Controlling, RS TD
Dave Kost Rogerio Lavieri
Production Manager, TPE Commercial Project Manager, RS LM Nicholas Corley Varnnaphapar Mekwattana
Warehouse Manager, TPE Commercial Project Manager, RS SC BG Tony Abboreno Olga Fedorov
Project Manager, TPE Commercial Project Manager, CS
Eddie Urioste Stefan Brown
Project Manager, TPE Commercial Project Manager, TPE
Erik Schildknecht Yasmine Forghani
Project Manager, CS Commercial Project Manager, RS LM _ Jon Aliason Tatiana Simonchik
Project Manager, CS Commercial Project Manager, RS LM

SIEMENS
Malte Schierwater Charles Hollman
Project Manager, RS LM Commercial Project Manager, RS LR Timothy Ferguson Stefan Hagl
Head of Operations, RS TD ____ Project Procurement Manager, TPE Clint Schuckel
Operations Manager, ITS
Laryssa Parker
Head of Digital Lab, ITS
Charles Bell
Project Manager, RS LR
Nathan Kalesnikoff
Project Manager — Bids & Proposals, TPE
Jonathan Vann
Project Manager, TPE
Alejandro Sierra
Project Manager, TPE
Nils Soyke
Head of Bid Management, ITS
Del Nichols
Director, PLM/ R& D — ITS
Bryce Dudgeon
Project Manager, RS CRC
E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
Diana Johnson
Bid Manager, ITS
John Billings
Bid Manager, ITS
David Love
Sales Manager, ITS
Robert Paquette
Sales Manager, ITS
Stefan Kraemer
Business Developer, RS TD
F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation.

G. It is further acknowledged that any document shall require the signature of two ( 2) of the above Authorized Signatories, one each from Business Operations and from Finance/ Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation.

H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person' s authority hereunder to additional members of his or her management team up to the limit of such person' s delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department.

I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution.

IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1s' day of March, 2019.

Marc Buncher
CEO
Siemens Mobility, Inc.

Marsha Smith
CFO
Siemens Mobility, Inc.

SIEMENS

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, Contractor 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", Contractor 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. Contractor 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. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771. 4, Contractor' s Services are subject to compliance monitoring and enforcement by DIR. Contractor 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.

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

6. Contractor 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. Contractor 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 Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor 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. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor 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, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor 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. Contractor 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 Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

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

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the performance of this Agreement by Contractor 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 sSection 1815, work performed by employees of Contractor 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, Contractor 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 selfinsurance 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, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor 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. Contractor 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.

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

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' 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 Contractor, 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 Contractor under this Section shall survive the termination of the Agreement.
a coRO® CERTIFICATE OF LIABILITY INSURANCE DA/ DD/ YYYY) os/ 05/ osnols 20/
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
MARSH USA, INC.
445 SOUTH STREET
MORRISTOWN, NJ 07960- 6454

CONTACT
P
NE. Iac No):

ADDRESS: E- MAIL
INSURERS AFFORDING COVERAGE NAIC #

X COMMERCIAL GENERAL LIABILITY

CLAIMS - MADE OCCUR
INSURER A: HDI Global Insurance Company 41343 100129- MOBI- 18/ 19 REPUB Sachs 1185

INSURED
SIEMENS MOBILITY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 INSURER C : The Travelers Indemnity Company 170 WOOD AVENUE SOUTH 25658 ISELIN, NJ 08830
INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NIJMRFR- NYC- 00903f139R- 31 RFVICIAN NIIMRFR•

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

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

INSLTR

TYPE OF INSURANCE

AD L U R

POLICY NUMBER MM/
EFF M° D/
LIMITS

A X COMMERCIAL GENERAL LIABILITY

CLAIMS - MADE OCCUR
Manashi Mukhedee -_ 1A. oLuok0"
GLD11101- 10 10/ 01/ 2018 10/ 01/ 2019 EACH OCCURRENCE $ 1, 000, 000

MAGE TO RENTE
PREMISES Ea occurrence $
DA
1, 000, 000
MED EXP ( Any one person) $ 100, 000
PERSONAL & ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:

X POLICY F—] JEOT [::] LOC
GENERAL AGGREGATE $ 10, 000, 000
PRODUCTS - COMP/ OP AGG $ INCL
OTHER:

B AUTOMOBILE LIABILITY T= - CAP -7440L30- 18 10/ 01/ 2018 10/ 01/ 2019 COMBINED SINGLE LIMIT $ 2000 000 Ea accident X ANY AUTO BODILY INJURY ( Per person) $ N/A

X OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident) $ N/ A

X HIRED X NON - OWNED

AUTOS ONLY AUTOS ONLY
PROPERT' YDAMAGE $ N/ A Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LiAB CLAIMS -MADE AGGREGATE $
DED I I RETENTION $
B
C
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
TC2J- UB- 8049X508- 18 ( AOS)
TRK- UB- 8049X51A- 18 ( AZ, MA, OR, WI)
TWXJ- UB- 744OL338- 18 ( OH & WA)
5500K LIMIT/ $ 500K SIR""'
10101/ 2018
10/ 01/ 2018
10101/ 2019
10/ 0112019
10/ 01/ 2019
X PER OTHSTATUTE ER
E. L. EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE - EA EMPLOYEE $ 1, 000,000
E. L. DISEASE - POLICY LIMIT $ 1, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED.

CITY OF SEAL BEACH, ITS ELECTED OFFICIAL, OFFICERS, EMPLOYEES AND AGENTS ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IS EFFECTUAL 1, 000, 000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY.

CERTIFICATE HOLDER (_ AWCFI I ATInW

CITY OF SEAL BEACH
211 8TH STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SEAL BEACH, CA 90740

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

AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.

Manashi Mukhedee -_ 1A. oLuok0"
1988- 2016 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11101- 10 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - ( FORM B)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Name of Person or Organization:

Any Person or Organization Required by a Written Contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'Your work" for that insured by or for you.

It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self- insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured.

CG 20 10 11 86 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1

TRAVELERS WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 0313 ( 00) -
POLICY NUMBER: ( TC2JUB- 8049XSo- 8- 18)

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

SCHEDULE
DESIGNATED PERSON:

DESIGNATED ORGANIZATION:

ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF

SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR

PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE

WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT,
AGREEMENT OR PERMIT.

DATE OF ISSUE: 09- 07- 18 ST ASSIGN:

COMMERCIAL AUTO
POLICY NUMBER: TC2J- CAP- 7440L34A- TIL- 18 ISSUE DATE: 09- 07- 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following.- AUTO
ollowing:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

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

ANY PERSON OR ORGANIZATION WHOM YOU HAVE

AGREED TO ADD AS ADDITIONAL INSURED, BUT

ONLY TO COVERAGE AND MINIMUM LIMITS

REQUIRED IN A WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Agenda Item F

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: Approve a One-Time, Non-PERSable Payment of $2,000 for All OCEA-Represented Employees to Achieve Parity in
Compensation with the MMCEA and SBSPA
________________________________________________________________ SUMMARY OF REQUEST:

That the Council adopt Resolution 7516 approving a one-time, non-PERSable payment of $2,000 for current, represented Orange County Employee Association (OCEA) employees to achieve parity in compensation with the Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors and Professionals Association (SBSPA).

BACKGROUND AND ANALYSIS:

Staff recommends approving a one-time, non-PERSable payment of $2,000 for current OCEA-represented employees. This action seeks to achieve parity in compensation with the Seal Beach Mid-Management and Confidential Employees Association (MMCEA) and the Seal Beach Supervisors & Professionals Association (SBSPA) following the approval of their Memoranda of Understanding (MOUs) on April 22, 2024, by the City Council.

The OCEA has twenty-five (25) current members as part of their membership, and includes the following classifications: Community Services Officer, Senior Community Services Officer, Recreation Specialist, Maintenance Worker, Senior Maintenance Worker, Police Recruit, Senior Water Operator, Water Operator, and Police Civilian Investigator. The City Council approved OCEA’s current MOU on March 13, 2023.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

Page 2 ends

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The proposed one-time, non-PERSable payment of $2,000 for each current OCEA member will be a one-time cost of approximately $50,000. Funding for this expense will be allocated from fund balance.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Patrick Gallegos Jill R. Ingram
Patrick Gallegos, Assistant City
Manager
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7516
RESOLUTION 7516

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING A ONE-TIME, NON-PERSABLE PAYMENT
OF $2,000 FOR ALL OCEA REPRESENTED, ACTIVE

EMPLOYEES TO ACHIEVE PARITY IN COMPENSATION

WITH THE MMCEA AND SBSPA
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the City of Seal Beach values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION 1. The City Council hereby authorizes the City Manager to administer a one-time, non-PERSABLE $2,000 payment for all OCEArepresented, active employees.

SECTION 2. The City Clerk shall certify the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May 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 7516 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May 2024.

Gloria D. Harper, City Clerk
Agenda Item G

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with TLS Choice, LLC for the Tennis and
Pickleball Center Sports Court Lighting Project, CIP
BG2105
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7517:

1. Approving and awarding a Public Works Agreement to TLS Choice, LLC in the not-to-exceed amount of $201,552.06 for the Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”), utilizing TLS Choice’s Arvin Union School District Bid Number 2022-23-001 cooperative purchasing agreement pricing; and,

2. Authorizing the City Manager to execute a Public Works Agreement to TLS Choice, LLC for the Court Lighting Project.

BACKGROUND AND ANALYSIS:

At the March 31, 2021, City Council Strategic Planning meeting, there was discussion of seven (7) high priority capital improvement projects, which included the Tennis and Pickleball Center. During this meeting, City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse given the extensive locker room repairs required.

On August 14, 2023, the City Council adopted Resolution 7437, approving plans and specifications, and approving and authorizing a public works agreement with Asad Holdings LLC dba OrangeBlue General Contractor (“OrangeBlue”) for the Tennis and Pickleball Center Improvement Project, CIP BG2105 (“Project”). The scope of work included a clubhouse renovation and on-site upgrades, such as new light-emitting diode (“LED”) lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs.

Page 2 ends

Due to on-going industry-wide labor and material shortage, OrangeBlue has expressed concerns on securing the Project’s court lighting material. After careful evaluation of the circumstances, a deductive change order was submitted to remove the unfinished portion of the court lighting improvements from OrangeBlue’s scope of work.

In response to the aforementioned challenges, staff solicited a Court Lighting Project proposal from TLS Choice, LLC (“TLS”) to provide court lighting electrical improvements utilizing TLS’s Arvin Union School District (“Arviin”) Bid Number 2022-23-001 pricing pursuant to City of Seal Beach Municipal Code Section

3.20.025(D) which provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. TLS’s cost proposal for the Court Lighting Project is based on the Council-approved plans, specifications and contract documents under Resolution 7437.

TLS holds the proper “B” contractor’s license. Based on TLS’s proposal dated April 30, 2024, staff recommends entering into a Public Works Agreement with TLS to complete the Court Lighting Project.

ENVIRONMENTAL IMPACT:

This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d) as the work involves restoration or rehabilitation of existing facilities.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

TLS’s agreement will be expensed from the FY 2023-24 Capital Improvement Program budget for the Tennis and Pickleball Center Improvement Project, CIP BG2105. No budget adjustments are recommended.

The table below represents a breakdown of the TLS’s Tennis and Pickleball Center Sports Court Lighting Project agreement:

Description Amount
TLS Court Lighting Agreement $ 201,552.06
Total: $ 201,552.06
STRATEGIC PLAN:

This item is not applicable to the current Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7517:

2. Authorizing the City Manager to execute a Public Works Agreement to TLS Choice, LLC for the Court Lighting Project.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7517
B. Public Works Agreement with TLS Choice, LLC
RESOLUTION 7517

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH TLS CHOICE,

LLC FOR THE TENNIS AND PICKLEBALL CENTER SPORTS
COURT LIGHTING PROJECT, CIP BG2105
WHEREAS, on August 14, 2023, the City Council adopted Resolution 7437 approving the plans and specifications and awarding a Public Works Agreement to Asad Holdings LLC dba OrangeBlue General Contractor (“OrangeBlue”) for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, WHEREAS, due to industry-wide labor and material supply issues, OrangeBlue expressed concerns about securing the Project’s court lighting materials; and, WHEREAS, OrangeBlue has submitted a deductive change order to remove the unfinished portion of the sports court lighting improvements (“Court Lighting”) from their scope of work; and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(D), provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications; and, WHEREAS, staff solicited a Tennis and Pickleball Center Sport Court Lighting Project (“Court Lighting Project”) proposal from TLS Choice, LLC (“TLS”) to complete the Court Lighting utilizing TLS’s Arvin Union School District Bid Number 2022-23-001 (“Arvin Agreement”) pricing to complete the procurement and installation in a timely manner; and,
WHEREAS, on April 30, 2024, TLS provided a proposal for the Court Lighting Project in the not-to-exceed amount of $201,552.06 incorporating the Arvin Agreement cooperative purchasing pricing; and,
WHEREAS, TLS holds the proper “B” contractor’s license, and is a qualified firm to perform the Court Lighting Project.

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

SECTION 1. Based on the recitals set forth above, the City Council hereby awards a Public Works Agreement to TLS for the Court Lighting Project in a total not-to-exceed amount of $201,552.06, utilizing TLS’s Arvin Agreement pricing.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Public Works Agreement with TLS on behalf of the City for the Court Lighting Project.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May 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 7517 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May 2024.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT

TENNIS AND PICKLEBALL CENTER SPORTS COURT LIGHTING PROJECT PROJECT CIP NO. BG2105
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
TLS Choice, LLC
1800 East McFadden Avenue, Suite 2
Santa Ana, CA 92705
(714) 462-2955
THIS CONTRACT (“Contract”) is made as of May 13, 2024, by and between the City of Seal Beach, a California charter city (“City”), and TLC Choice, LLC, a California Limited Liability Company (“Contractor”) (collectively, “the parties” and individually, a “party”).

RECITALS
A. WHEREAS, on August 14, 2023, pursuant to Resolution 7437, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Tennis and Pickleball Center Sports Improvement Project, CIP BG2105, which included a clubhouse renovation and on-site upgrades such as new LED lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs; and, B.

WHEREAS, City desires to retain a contractor to provide the Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”) to be carried out consistent with the City-approved plans and specifications; and, WHEREAS, the City Charter and City of Seal Beach Municipal Code Section

3.20.025(D) provide for an exemption from public bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications; and,
D. WHEREAS, the Contractor are parties to a contract for the purchase, warranty, removal, disposal, preparation, installation, maintenance and repair of equipment, buildings, structures and improvements, including but not limited to energy-efficient lighting (Arvin Union School District (“Arvin”) Bid Number: 2022- 23-001), which was entered into following a competitive bidding process and which authorizes other public corporations or agencies to utilize those same prices, terms, and conditions; and,
E.

WHEREAS, City desires to enter into a cooperative purchasing agreement with Contractor for Contractor to perform the Court Lighting Project, utilizing cooperative purchasing based on Arvin Bid Number: 2022-23-001 between Conractor and Arvin, pursuant to the authority provided by Seal Beach Municipal Code Section 3.20.025(D); and,
WHEREAS, Contractor is a California licensed “B” Contractor (State Contractor’s license number (License #1025607), DIR #1000048409, and Contractor is fully qualified to perform the Court Lighting Project contemplated by this Contract by virtue of its experience, and the training, education and expertise of its principals and employees; and,
WHEREAS, City desires to engage Contractor as an independent contractor to carry out the Court Lighting Project and Contractor desires to serve City to 2 perform the Court Lighting Project in accordance with the terms and conditions of this Contract.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Court Lighting Project identified as Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents; Incorporation by Reference. The Contract Documents consist of this Contract and all the following: City’s Solicitation for the Seal Tennis and Pickleball Center Sports Court Lighting Project (“Court Lighting Project”), and all documents attached thereto or a part thereof, including the Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner); the Arvin Union School District Bid Number: 2022- 23-001 (“Arvin Agreement”), and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Solicitation (Exhibit A); Performance Bond (Exhibit B); Payment Bond (Labor and Materials) (Exhibit C);Workers’ Compensation Insurance Certificate (Exhibit D); Insurance Endorsements (Exhibit E, including Exhibits E-1, E-2, E-3 and E-4); Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit F); Acknowledgment of Labor Law Requirements (Exhibit G); Noncollusion Affidavit (Exhibit H); Accepted Bid Proposal (Exhibit I); and Arvin Agreement (Exhibit J). All Contract Documents referenced herein or attached hereto are incorporated into this Contract by this reference.

1.3 Order of Precedence. In the event of any inconsistency or conflict between this Contract and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Contract; and then (ii) Exhibit A (the Solicitation and Contract Documents included therein); and then (iii) Exhibit F (Acknowledgment of 3 Penal and Civil Penalties Concerning Contractor Licensing Laws); and then (iv) Exhibit G (Agreement to Comply with California Labor Law Requirements); and then (iv) Noncollusion Affidavit (Exhibit H); and then (v) Exhibit J (Arvin Agreement); and then (vi) Exhibit I (the Proposal). In the event there is any conflict between the Contract, on the one hand, and Exhibits A, B, C, D, E, F, G, H, I, and J, on the other hand, the Contract shall control.

1.4 Compliance with Contract Documents. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents.

Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

2. Effective Date/Term. This Contract is effective as of May 13, 2024 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.

2.1 Contract Time; Delay. Contractor shall commence the Work upon being given a written notice to proceed, and shall complete the Work within 20 working days of City’s issuance of the notice to proceed (“Contract Time”), unless Contractor notifies City of any force majeure event that will cause a delay in completion of the Work pursuant to the Contract Time. As used herein, “force majeure” has the meaning set forth in Section 24 of this Contract.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with Exhibit I the Accepted Proposal) and pricing set forth in Exhibit J (Arvin Agreement) as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $201,552.06 (Two Hundred One Thousand, Five Hundred Fifty Two dollars and 06/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor shall submit detailed, monthly invoices for work actually performed. Pursuant to Public Contract Code Section 9203, the City will retain five percent (5%) of each invoice amount until Court Lighting Project acceptance.

3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City 4 Council. Payment for additional work in excess of this amount requires prior City Council authorization.

4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Contract Documents to perform the Work, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. At all times during the term of this Contract, Contractor shall possess a valid and current Class “B” California Contractor's License. to perform the Work. Contractor hereby certifies that it holds the required license(s), State Contractor’s License #1025607 and DIR #1000048409.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, directors, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Indemnity for Design Professional Services. If the Work hereunder includes the performance of design professional services by a “design professional” (as 5 defined in Civil Code Section 2782.8(c)), then to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 5), 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, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Contract. Notwithstanding the foregoing and as required by Civil Code Section 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor exceed Contractor’s proportionate percentage of fault.

5.2 Other Indemnities. Other than in the performance of design professional services and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold City and other Indemnitees (as defined in Section 5.1) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom Contractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.3 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to Contractor under the Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law 6 regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.3.

5.4 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.5 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.6 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials.

5.7 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

5.8 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.9 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its 7 officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.10 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

6.1.1 Exhibit E-1: Additional Insured Endorsement
Exhibit E-2: Additional Insured Endorsement
-
-
Commercial General Liability.

6.1.2 Automobile Liability.

6.1.3 Exhibit E-3: Additional Insured Endorsement – Excess Exhibit E-4: Proof of Insurance – Professional Liability Liability (as required).

6.1.4 Insurance (or Errors and Omissions Liability Insurance).

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 8 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

6.2.5 Professional Liability insurance (or Errors and Omissions Liability). Unless City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier.

6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.3.4 Professional Liability (or Errors and Omissions Liability) (if required): $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.

6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of 9 which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract.

City reserves the right to require complete, certified copies of all required insurance policies at any time.

6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Contract, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 10 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Payment and Performance Bonds; Warranty.

7.1 Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a performance bond and payment bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein as Exhibits B and C, respectively. The performance bond shall remain in force until the date of recordation of the Notice of Completion or written acceptance of the Work and the end of the one (1) year warranty period.

7.2 As required by the Standard Specifications, the Work shall be warranted by Contractor against defective materials and workmanship for a period of one (1) year. For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion or written acceptance of the Work by City. Should any of the materials installed or Work performed prove defective or should the any portion of the Court Lighting Project prove defective, due to faulty workmanship, material furnished or methods of installation, or should said item or any part thereof fail to operate properly due to any of the above causes during the warranty period, Contractor shall make all required repairs and/or replacements within thirty (30) days after written notice by City.

In the event repairs are not made within thirty (30) days, then as an alternative to utilizing the required performance bond, City may elect to perform all necessary corrective work, repairs and/or replacements, at Contractor’s expense. In such event, Contractor shall reimburse City for its expenses incurred in correcting the defective Work. Additionally, Contractor agrees to defend, indemnify and hold City and the other Indemnitees (as defined in Section 5) harmless from claims of any kind arising from damage, injury or death due to such defects.
11 8. Substitute Security. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section 8 and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section 8 shall be in the form provided by City.

9. Liquidated Damages. In accordance with Government Code Section 53069.85, Contractor agrees that if the Court Lighting Project is not completed within the Contract Time and/or pursuant to any completion schedule or Court Lighting Project milestones developed pursuant to provisions of the Contract, City will suffer damage.

Should Contractor fail to complete the Court Lighting Project, or any part thereof, within said Contract Time or other City-approved completion schedule or Court Lighting Project milestones, Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after such deadline. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Court Lighting Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

10. Suspension. City may, in writing, order Contractor to suspend all or any part of Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

11. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other 12 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: TLS Choice, LLC
1800 East McFadden Avenue, Suite 2
Santa Ana, CA 92705
Telephone: (714) 462-2955
Attn: Deanna Rey

12. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

13. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

14. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

15. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

16. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this 13 Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

17. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Contractor 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.”

18. Prevailing Wages. City and Contractor acknowledge that the Court Lighting Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits F and G, attached hereto, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every subcontractor who will perform work on this Court Lighting Project, Contractor shall be responsible for such subcontractor’s compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract.

19. Third Party Claims. Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b).

20. Claim Dispute Resolution.

20.1 In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law.

Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

20.2 All claims arising out of or related to the Contract Documents or this Court Lighting Project, and the consideration and payment of such claims, are 14 subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable.

This Contract hereby incorporates those provisions as though fully set forth herein.

Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

21. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

22. Non-Collusion. Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to City a Noncollusion Declaration as required by Public Contract Code Section 7106, attached hereto as Exhibit H and incorporated herein by this reference.

23. Non-Appropriation of Funds. Payments to be made to Contractor by City for Work 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 Contractor’s Services beyond the current fiscal year, this Contract shall cover payment for Contractor’s Work 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.

24. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor’s lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Work for the period of the enforced delay when and if in the judgment of City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
15 25. Prohibited Interests; Conflict of Interest

25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Contract.

Contractor further covenants that, in performance of this Contract, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Contract which is or may likely make Contractor “financially interested” (as provided in California Government Code Sections1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

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

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

26. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

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

28. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
16 29. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

30. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 17 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL EACH B
CONTRACTOR: TLS Choice, LLC, a
California limited liability company
yB :_
Jill R
____
. Ingram
_
, City Manager
______ By:

Chief Finan
ꢀ
Brooks eB rrd
y�oꢀꢁ
Attest:

By: ----------- Gloria D. Harper, City Clerk B y:------------ Approved as to Form:
y
B :
(Please note, two signatures required for
corporations pursuant to Caꢀiꢁoꢂia Corporations
Code Section 313.

Nicholas Ghirelli, City Attorney
18 Enhance
Community
rough
Action.

May 2, 2024
California Iris Lee
Seal Beach Public Works Director
211 Eighth Street,
Seal Beach, CA 90749
South
Kampus and Showroom
1800 E. McFadden Ave.

Santa Ana. CA 92705
0 714-659-6477
Re: TLS Choice, LLC
North
3235 Sunrise Blvd.. Ste. 4
Rancho Cordova, CA 95742
0 916-407-2855
Dear Ms. Lee
This ꢂs to coꢀꢁm that TLS Choꢂce ꢂs a wholly owned subsidꢂꢃ of KYA Holdꢂngs, Inc. 100% and there are no other owners.

Bay
23385 Sklan Rd.

Hayward, CA 94545
0 510-474-0455
Feel ꢄee to reach out ꢂf you have any questꢂons.

Central
Regards,
KYA Holdꢂngs, Inc.
3980 Saco Rd., Ste. K
Bakersfield CA 93308
0 661-977-6779
San Diego
861 Elmhurst St.

Chula Vista, CA 91913
0 619-975-2900
Brooks Berry
Chief Fꢂnancial Officer
[email protected]
Texas
126 Holmes Rd.. Unit 18
Liberty Hill, TX 78642
0 512-540-5326
Nevada
South
3275 S. Jones Blvd., Ste. 104
Las Vegas, NV 89146
KYA Holdings, Inc
1800 E. McFadden Ave
Santa Ana, CA 92705

Agenda Item H

AGENDA STAFF REPORT
DATE: May 13, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Main Street Specific Plan Amendment 24-1
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1709, adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan; and,

2. Introduce, waive full reading, and read by title only, Ordinance 1709, an Ordinance adopting Specific Plan Amendment No. 24-1 to amend portions of the Main Street Specific Plan to create an administrative process pertaining to Main Street outdoor uses, enhancements and limited outdoor dining on the public right-of-way and finding the Ordinance to be exempt from the California Environmental Quality Act.

BACKGROUND AND ANALYSIS:

The Main Street Specific Plan (MSSP), adopted by the City Council on July 26, 1996, serves as a comprehensive regulatory framework guiding land use and development within the Main Street area of the city. The MSSP not only regulates land use but also focuses on creating a vibrant and pedestrian-friendly environment that preserves the unique character and charm of Main Street.

Through outlining specific guidelines for permitted uses, signage regulations, bench installations, urban design elements, and public facility enhancements, the MSSP aims to ensure that Main Street remains a thriving hub that caters to both local residents and visitors while maintaining its distinct identity and appeal.

Like many communities, Seal Beach instituted an outdoor dining “parklet” program during the pandemic, temporarily suspending MSSP regulations and allowing for outdoor dining in the public right-of-way, primarily in parking spaces. The parklet program helped keep Main Street dining establishments viable during a very challenging time, but with the lifting of restrictions and return to pre-pandemic life,

Page 2 ends

the parklet program was eliminated in early 2023 after nearly two and a half years of operation. The end of the parklet program was subject to significant community debate, and though the parklets were ultimately eliminated, the City Council expressed interest in exploring other options for Main Street to allow for outdoor dining.

This item proposes an amendment to the MSSP that would allow for an expansion of certain uses into the public right-of-way through an administrative permit process, including small-scale outdoor dining. The goals of this initiative are to:
support local businesses, promote welcoming places, be accessible and equitable, attract new business, increase visitor satisfaction, and maintain a unique visual experience. With the amendment as proposed, ground floor businesses would be able to enhance their storefronts with potted plants, A-frame signs, or small dining tables. Currently, these uses may be achieved in other ways, typically a Minor Use Permit that must be approved by the Planning Commission. The proposed amendment would streamline that process, offering a programmatic approach to allowable outdoor uses and a simplified pathway to a permit for interested businesses. A Main Street Outdoor Guidebook has been created to help local businesses and community members understand the goals, operating policies, design standards, and permitting processes for establishing installations in the public right-of-way within Main Street.

The amendment presents an economic development initiative to foster a lively street scene and attract businesses and customers. The installation of the counter at Marina Café roughly a year ago through a Minor Use Permit has attracted users and reportedly invigorated sales for the business. As can be seen on Main Street, many of the activities this program would allow are occurring intermittently without permits, which is less than ideal. While Code Enforcement dedicates a great deal of time to Main Street to manage violations, the point worth noting is that small displays of potted plants and single sidewalk tables do not typically result in complaint reports to Code Enforcement.

Staff wishes to acknowledge that the MSSP is now 28 years old. A planning document of that age is not considered a best practice in the planning industry.

Unfortunately, significant competing priorities including General Plan updates, State legislative changes, and an effort to develop a Local Coastal Program restrict the City’s ability to comprehensively update the MSSP at this time. This proposed program represents an incremental change to support Main Street’s long-term viability.

The Amendment Language as Proposed
The MSSP is drafted in large part around a series of policies. The bulk of the proposed amendment is handled by adding a new policy, Policy 4.5: Main Street Outdoor Program. The following table identifies the key proposed changes to the MSSP. All changes can be viewed in Attachment B, with user-friendly descriptions included in the Main Street Outdoor Guidebook, Attachment C.

Page 3 ends

Primary Text Changes to the MSSP
(Not inclusive or reference corrections and minor edits) Page
Number/Change
Permitted Uses
Outdoor uses under the Outdoor Program including
administrative approval of Outdoor Uses Permit and
encroachment permit (See Policy 4.5 for additional information and requirements).
9 Increases permitted
uses per Policy 4.5
Limitations on Permitted Uses
Outdoor uses authorized under the Outdoor Uses Program (see Policy 4.5 for additional information and requirements). 11 Changes limitations
per Policy 4.5
Permitted Signs
A-Frame signs shall be permitted in the Main Street Specific Plan under a Main Street Outdoor Use Permit subject to compliance with all of the following provisions.
a. A-Frame Sign Regulations and Design Requirements:
• Permitted Quantity and Dimensions: Each commercial
business with a first-floor, street facing frontage in the Main Street Specific Plan shall be entitled to one A-frame sign. The sign may have two faces, not exceeding three
feet in height or a width of two feet.
• Illumination and Placement: A-frame signs shall remain unlighted and should not obscure or visually impair vehicle or pedestrian traffic. Placement of A-frame signs should ensure they do not encroach upon the public right-of-way or publicly owned property without prior approval through an outdoor use permit, and at no time shall placement or maintenance of A-frame signs impede emergency access
or violate disability access requirements including but not limited to, wheelchair access.
• Clear Path of Travel: A-frame signage placement must at all times allow for and maintain a minimum 8-foot clear path of travel between the edge of the sign and any
sidewalk obstructions, including light poles, parking
meters, news racks, and fire hydrants.
• Permitted Location: If the business possesses an
approved permit for outdoor use, A-frame signage should be positioned within the allocated use area with the other permitted items, and all permitted items including A-frame sign shall fit completely within the allocated use area. Aframe signage must be removed from the right-of-way at the conclusion of each business day to uphold the safety, access, cleanliness and aesthetics of Main Street.
20 – 21
A-Frame signs
allowed with
limitations

Page 4 ends

POLICY 4.5 Main Street Outdoor Program
The Main Street Outdoor Program is designed to revitalize the frontages of ground-floor businesses and property owners located on Main Street. The program encourages these
establishments to expand their frontage by setting up outdoor accessory uses such as dining areas, benches, plants, and signage, creating a welcoming environment for visitors. The program aims to enhance the overall aesthetic appeal of Main Street, while also providing businesses with an opportunity to increase their visibility and attract more foot traffic. The focus on dining outdoors emphasizes the al fresco atmosphere, allowing visitors to savor their meals amidst natural elements and enjoy a more relaxed setting. The expansion of outdoor dining/uses through the limited use of sidewalk is an effective strategy to not only support local businesses, but to activate the public realm by creating pedestrian-oriented spaces worth walking to and spending time in.

Goals:
✓ Support Local Business;
✓ Promote welcoming places;
✓ Be accessible and equitable;
✓ Attract new business;
✓ Increase visitor satisfaction; and
✓ Maintain a unique visual experience.

APPLICABILITY:

The purpose of this policy section is to establish general procedures and guidelines for the establishment and operation of accessory outdoor uses on Main Street though an
administrative process. Outdoor sidewalk dining enhances the vibrancy and vitality of the City's commercial areas while promoting pedestrian activity and economic development.

The provisions of this section are applicable to eligible property owners and business owners with businesses that meet the following requirements:
• Located on Frontage in the Main Street Specific Plan area, • Operate a ground floor establishment,
• Comply with State Alcoholic Beverage Control,
• Obtained an encroachment permit and outdoor use permit, • Comply with development standards and operating
requirements of the Main Street outdoor use permit.
22 – 36
Policy 4.5 is the
body of the
proposed
Amendment.

The Policy outlines
the goals,
regulations, and
process for approval
of outdoor materials,
including small
dining areas, signs,
and decorative
enhancements.

The Policy outlines
the required
operation standards
and revocation
actions if in
violation.

Page 5 ends

PERMITTED ITEMS with the Main Street outdoor use permit:
• Tables
• Chairs
• Benches
• Business signage
• Potted Plants
• Heaters
• Umbrellas
OUTDOOR MERCHANDISE:

Outdoor merchandise of any kind, such as store clothing racks, clothing bins, and clothing shelves shall not be approved through this program. Merchandise displayed outside on Main Street shall be prohibited on the public sidewalk (unless with a Special Events/Temporary Use Permit with event based time limit on public and private property) and can only be approved to be displayed outdoors on private property through a Minor Use Permit or Conditional Use Permit pursuant to the Outdoor Dining Display, and Sales Section of the zoning code.

ADMINISTRATIVE REVIEW:

Outdoor sidewalk uses shall be permitted on private property and public sidewalks in front of existing businesses within the Main Street Specific Plan area of the City of Seal Beach subject to the issuance of an administrative outdoor use permit and
encroachment permit and compliance with the standards as outlined in and required by this policy.

DEVELOPMENT STANDARDS:

This outline provides a comprehensive overview of the
development standards and requirements for outdoor sidewalk uses permitted through application.

ADDITIONAL ITEM SPECIFIC REQUIREMENTS:
a) Tables and chairs shall be limited to one row.
b) Tall tables permitted as long as ADA compliance is still maintained and necessary permits obtained. Consult
Community Development Department for guidance.
c) All permitted items must be in the storefront windows without extending into or being in a neighboring storefront while maintaining eight feet of unobstructed sidewalk at all times. d) If an adjacent business agrees in writing to allow a neighboring restaurant or coffee shop to use a portion of its storefront space, the restaurant can extend its dining area by a maximum of one foot into the neighboring property.

Approval of an extension into the storefront of an adjacent business shall require the applicant to submit a signed letter

Page 6 ends

from the adjacent business stating that they agree to allow the restaurant to use one foot of their property for permitted outdoor dining.
e) Applicants/permittees are responsible for compliance with all alcohol license requirements, if applicable.

Applicants/permittees are advised to work directly with ABC to understand alcohol service regulations on the sidewalk. f) The permitted dining locations and size of the tables are as shown [exhibit excluded from this staff report, please see the Specific Plan].
g) Plant materials shall be selected for low water demand and drought tolerance, adaptability and relationship to the Seal Beach environment, and the geological and topographical conditions of the site.
h) Plants and planters shall not exceed the permitted height of 30 inches on parcels located on a corner with proposed
planters in the traffic visibility triangle.
i) Storefronts with a Memorial Bench Program bench shall be permitted up to one additional bench with the application of a Main Street Outdoor Use Permit.
j) Bench and Landscaping example [exhibit excluded from this staff report, please see the Specific Plan]
k) Portable gas (LPH) heating appliances may be used within Main Street dining areas and must meet the following
requirements:
a. Cannot be located beneath or closer than 10 feet to
canopies/tents per California Fire Code.
b. Cannot be five feet to similar combustible materials per California Fire Code.
c. Propane tanks may be stored on site in an approved
enclosed area of the installation to the satisfaction of the Building and Safety Department and Orange
County Fire Authority.
d. Only permitted when used with outdoor dining.
l) The placement, color, style and type of umbrella or coverings shall be consistent with and complement the design and
appearance of the affected building. Only permitted when used for outdoor dining.
m) Umbrellas and heater example [exhibit excluded from this staff report, please see the Specific Plan]
n) A-frame signs shall maintain a minimum clearance of eight feet in the walkway.

APPLICATION PROCESS:

Applicants shall review and complete materials required in the Main Street Outdoor Uses Guide and Application Checklist for the identified location of the Outdoor items. Applicants shall confirm location eligibility with staff prior to submitting plans of

Page 7 ends

proposal. This application is not transferable and does not run with the land, and a new Main Street Outdoor Use Permit shall be completed with each new business in the location if a transferred or new outdoor use wishes to be maintained at that location.

APPLICATION INFORMATION:

The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in the City Master Fees. The applicant shall submit the following related materials for compliance review of applicable requirements set forth in this specific plan.

1. Completed Main Street Outdoor Uses Application/Checklist

2. Provide an outdoor layout plan with design details and site photos

3. Proof of Liability Insurance and Liability Release Agreement

4. Pay the fees for the Main Street Outdoor Use Permit

5. Confirmation of the application for a concurrent
Encroachment Permit from Public Works

6. Written approval from the Property and Business owner(s)

7. Written approval from adjacent Property and Business owner(s) if outdoor use will extend into the adjacent business’ storefront
APPLICATION REVIEW:

Applications shall be reviewed by applicable City
Departments/Divisions including but not limited to Planning, Building, Fire, Police and Public Works. During the review period, a Community Development Inspector shall complete a site visit to confirm the dimensions and outdoor layout plan provided is accurate and can accommodate the requested outdoor uses.

The Applicant shall provide any additional information or documentation and respond to City comments as requested.

APPROVING AUTHORITY:

All Main Street Outdoor Use Permits are reviewed and approved by the Community Development Director or designee. The
director shall issue the Main Street Outdoor Use Permit only if all required requirements and standards of the Main Street Specific Plan and Outdoor Use Guidelines are met.

INSTALLATION AND INSPECTIONS:

Applicants shall be notified by the Community Development Department once an application is approved with code compliant design layout and all fees have been paid.

INSTALLATION:

Page 8 ends

Applicant/permittee shall post the City-provided window sticker with business name and expiration date in store window.

INSPECTIONS:

The Applicant/permittee shall request an inspection for compliance after the installation has been completed. The City will inspect the outdoor uses for compliance with the permit approvals based on the following standards:
✓ Site plan and development standards
✓ Operating standards
✓ Active/up-to-date permit
✓ Maintenance Standards
Applicants/permittees shall be notified by the Community Development Department once an inspection has been
scheduled.

TIME LIMITATIONS:

The Main Street Outdoor Use Permit is valid for one fiscal year (July 1st through June 30th) and shall automatically expire June 30th of every year. Permittees wishing to renew an expiring permit shall submit a renewal form with appropriate fees prior to June 30th. Outdoor uses shall cease after June 30th pending the Department’s review of and determination on a renewal
application form.

MAINTENANCE:

All Main Street outdoor areas must be maintained by the permittee in clean and safe conditions at all times, including sweeping and cleaning of outdoor use locations, and appropriate provisions for trash disposal. At all times, each permittee shall ensure the preservation of pedestrian access and disability access along the public sidewalk. Owners and permittees of approved outdoor use areas are responsible for upholding these standards at all times. Owners and permittees of approved outdoor uses shall meet the requirements of this Policy and the Encroachment permit at all times (Refer to the Public Works Requirements for additional information).

CHANGE OF OWNERSHIP:

Approved and valid permits may not be transferred to new business owners even at the same address. All businesses that have a change in ownership shall be subject to City approval of a new application reflecting new ownership and compliance with all requirements of this Policy, and issuance of a new outdoor use permit and encroachment permit.

REVOCATION:

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The City retains the right to revoke or suspend an outdoor use permit and/or encroachment permit upon written notice to the permit holder for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:

1. Emergencies, necessary construction, or area maintenance at the discretion of the Community Development Director;

2. Suspension, revocation, or cancellation of any necessary health permit(s) or failure to comply with Alcoholic Beverage (ABC) permits/regulations;

3. Failure to comply with the outdoor layout plan;

4. Failure to comply with the operating requirements of the approval;

5. Failure to comply with any relevant Conditional Use Permit (CUP);

6. Failure to comply with disability access requirements of The Americans with Disabilities Act;

7. Failure to address administrative citations or other Municipal Code infractions, or repeated citations/ infractions;

8. Failure to maintain a valid business license.

NOTICE OF VIOLATION:

Upon identification of a violation of permit conditions, regulations, or applicable laws related to outdoor uses, the Community Development Department shall issue a written Notice of Violation to the permit holder.

Upon receipt of the Notice of Violation, the permit holder must remedy the violation and demonstrate compliance with permit conditions. A Community Development Inspector will then return for an inspection to confirm compliance. If permittee is unable to comply with the permit, the permit shall immediately be revoked for the reasons listed above.

INSTALLATION REMOVAL:

The operation shall cease and the permit holder shall restore the permit area to the condition existing prior to the placement of the outdoor facilities within 24 hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, or to a condition acceptable by the Community Development Director.

If pursuant to the above requirements, permit areas that are not restored by the permittee within the time specified by the City, the City may remove any and all facilities installed within the right-of-way. Reimbursement of City costs for said removal and

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storage shall be the responsibility of the permittee. City may dispose of any such facilities following notice to permittees in accordance with applicable law.

REQUIRED OPERATION STANDARDS:

Main Street Outdoor Use Permit holders are required to comply with the following operating standards:

1. Permittees shall comply with all State Alcoholic Beverage Control (ABC) Board requirements when the conditional use permit includes the sale of alcohol.

2. Permittees shall not begin hours of sidewalk operation prior to 7 a.m. nor extend later than 10 p.m.

3. Permittees shall maintain eight feet of unobstructed clear path of travel for pedestrians, free and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of the Community Development Director. Such clear pathway
shall link continuously with pathways on each side of the property and shall allow a minimum clearance of eight feet at all times. These minimum widths are to ensure compliance with ADA standards and reduce liability concerns due to shifting tables, wait staff or other obstructions which can reduce the effective width.

4. Permittees shall ensure where umbrellas and awnings are used, a vertical clearance of at least seven feet above the sidewalk must be maintained with an eight-foot clear path of travel.

5. Permittees shall not allow for items within the Main Street outdoor use areas, except for approved greenery and
benches, to be left when not in use or overnight unless property is secured to the satisfaction of the Community Development Director.

6. Permittees shall confine approved outdoor uses to the area shown on the approved outdoor layout plan and shall not interfere with building egress.

7. Permittees shall maintain outdoor use areas in a clean and safe condition at all times with appropriate provisions for trash disposal.

8. Permittees and associated business operations shall meet all required County Health Department standards, obtain any necessary permits and service to the areas shall be
conducted in a safe manner at all times.

9. The permit issued shall not be transferable in any manner, unless approved by the City with the submittal of a new application reflecting new ownership.

10.Operations permitted under the Main Street Outdoor Use

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Permit shall in no way interfere with access to City utilities.

11.Permittees shall prohibit smoking in the outdoor use areas.

12.Issuance of the Main Street Outdoor Use Permit shall not permit or allow the placement of any permanent or temporary structure or improvement on public or private property in violation of any state or federal accessibility law, including The Americans with Disability Act, or prohibit or suspend immediate code enforcement action deemed necessary by
the Building Official, City Engineer, or any other authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity; any activity presenting imminent threat or harm to the health, safety or welfare of the community; any violation of state or federal accessibility law; or any unauthorized activity on private property or in the public right-of-way. Permit holders are responsible for ensuring accessibility and ADA compliance of their Main Street outdoor use areas.

13.Permittees shall have all propane cylinders used for outdoor gas heaters stored and secured pursuant to regulations in the California Code of Regulations and California Fire Code.

Cylinders placed in the public right-of-way shall be safely secured and locked with the heater enclosure stored in
vented safety cages or cabinets in a flat area that does not collect water and is adequately shielded from pedestrian and motor vehicle traffic.

Policy 5. Parking Standards
Exception: Outdoor seating/uses, accessory to
restaurants/coffee house/dessert shop shall not be require parking spaces (see subparagraph 15)
Outdoor seating/ uses permit…0 spaces for sq. ft. (Outdoor seating/ uses shall not result in a reduction of parking provided for the related primary restaurant / coffee house / dessert shop.) 42 – 43
Outdoor uses will
not affect the current
parking standards.

Policy 11. Benches
Merchants shall be encouraged to add memorial benches to Main Street, through the memorial bench program, since they add to the pedestrian scale and atmosphere. All bench designs shall be approved by the City through a memorial bench
application and the appropriate encroachment permit shall be obtained from the City. Non-memorial benches can also be 52 – 53
Memorial benches
allowed on Main
Street through
application. Nonmemorial benches
added through

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added through the Outdoor Uses Program (See Policy 4.5 for additional information and requirements). Memorial benches shall maintain disability access, pedestrian access, and access to and from the public street, at all times.
outdoor use
program.

Signs on Public Sidewalks
However, the current City Code prohibits such signs. In 2010, the City amended the Zoning Code to allow for sidewalk signs that adhere to strict perimeters, and pursuant to this update, the Main Street Specific Plan has been amended to allow sidewalk signs of different designs to be added to businesses on Main Street subject to conditions intended to provide for and preserve safety, pedestrian access, disability access, sanitation and aesthetics.

The City issues permits for sidewalk signs in the public right-ofway but merchants buy their own signs and the City approves the sign design and location.

POLICY 15. Signs on Public Sidewalks
The City should amend the City Code to allow selected sidewalk signs within the Main Street Specific Plan area. Merchants shall be encouraged to add signage to Main Street since they add to the pedestrian engagement. All such signs shall be approved by the City and the appropriate encroachment and outdoor use permits shall be obtained from the City as a condition of installation of any sign in the public right-of-way.
54 A-Frame signs
allowed with
limitations.

Outdoor Uses on Public Sidewalks
Outdoor uses shall be permitted in Public Sidewalks with the required Outdoor Uses Permit and encroachment permit. See Policy 4.5 for additional information and requirements. 55 Increases permitted
uses per Policy 4.5.

The Planning Commission Hearing
Staff presented the proposed amendment to the Planning Commission on April 15, 2024. Several members of the public provided written and verbal comments, and the Planning Commission held a productive discussion. Some of the key topics the Planning Commission debated included:
- Whether or not A-frame signs should be allowed,
- If sidewalk dining was safe given the proximity to vehicles, - Whether restaurants should have bollards added near outdoor dining locations, and
- Whether retailers should be precluded from having outdoor displays similar in nature to the outdoor dining proposed by the amendment.

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Ultimately, the Planning Commission recommended approval of the amendment, with two modifications. First, the Planning Commission recommended that outdoor merchandise displays, such as clothing racks and merchandise tables be allowed and follow the same standards and sizing restrictions as the proposed outdoor dining. Thus, merchandise displays could also be located along the storefront and maintain eight feet of unobstructed sidewalk or across the sidewalk from the storefront, maintaining two feet from the curb and eight feet unobstructed sidewalk.

If a neighboring business agrees to allow the retail business to use a portion of its storefront space, the retail business can extend its merchandise area by a maximum of one foot onto the neighboring property.

Secondly, the Planning Commission recommended amending the revocation language to include that the City retains the right to revoke or suspend an outdoor use permit and/or encroachment permit if the business owner fails to comply with the standard maintenance of the outdoor permitted area. All Main Street outdoor areas must be maintained by the applicant in clean and safe conditions at all times, including sweeping and cleaning of dining locations, and appropriate provisions for trash disposal. Owners of approved areas must uphold these standards at all times.

The recommendations of the Planning Commission are not included in the amendment as attached here, but can be incorporated at the direction of the City Council.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to the Main Street Specific Plan are categorically exempt from environmental review under CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not authorize new uses or development beyond those that the existing Specific Plan allows and only authorize the temporary placement and/or encroachment of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk signs as part of the normal operations of existing Main Street businesses. The City has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

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Seal Beach City CouncilMay 13, 2024

Seal Beach City Council
May 13, 2024