Agenda packet — Seal Beach City Council, May 12, 2025 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, May 12, 2025 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

LISA LANDAU
MAYOR
Third District

NATHAN STEELE
MAYOR PRO TEM
Fifth District

JOE KALMICK
COUNCIL MEMBER
First District

BEN WONG
COUNCIL MEMBER
Second District

PATTY SENECAL
COUNCIL MEMBER
Fourth 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.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• Girl Scout Gold Award Project Update
• Jewish American Heritage Month Proclamation
• Public Works Week Proclamation – May 18 – 24, 2025
• National Police Week Proclamation – May 11 – 17, 2025 • Electric Bike (eBike) Safety and Enforcement Presentation

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.

Emailed Comment from JO8N
Public Comment from Julie Westmoreland
Public Comment from Myra Romero
Emailed comment from Mike Westmoreland
Emailed Comment from Julie Westmoreland

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.

CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, Interim City Manager

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

COUNCIL ITEMS – None

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session, Water/Sewer Rate Financial Study Session – Part II, and Regular City Council meetings held on April 28, 2025.

B. Demand on City Treasury (Fiscal Year 2025) - Ratification.

C. Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7636: 1. Approving Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions, extending the term to December 31, 2025; and, 2. Directing the Interim City Manager to execute Amendment 2 on behalf of the City.

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 7637: 1. Approving the project list for improvements that are to be funded by Senate Bill 1; and, 2. Authorizing the Interim City Manager, or their designee, to submit the project list and application for Road Maintenance and Rehabilitation Account funds to the California Transportation Commission.

E. Approve Second Amendment to the West Cities Communications Center (West-Comm) Joint Powers Authority (JPA) Agreement - That the City Council adopt Resolution 7638: 1. Approving the Second Amendment to the West Cities Communications Center (West-Comm) Joint Powers Authority Agreement; and, 2. Authorizing the Interim City Manager to execute the Second Amendment to the West-Comm Joint Powers Authority Agreement.

F. Seeking City Council Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles Pursuant to the City’s “Military Equipment” Use Policy and State Law - That City Council adopt Resolution 7639 approving the purchase of the .223 / 5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.

G. Approving and Authorizing Amendment 1 to the Agreement with Wetlands and Wildlife Care Center for Wildlife Animal Control Services - That the City Council adopt Resolution 7640: 1. Approving Amendment 1 to the Agreement with the Wetlands and Wildlife Care Center; and, 2.

Authorizing the Interim City Manager to execute the Amendment; and, 3.

Authorizing future extensions, if exercised, as outlined in the Amendment.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
H. Receive and File an Informational Update to Comply with Assembly Bill 2561 (Government Code Section 3502.3) Regarding Vacancies, Recruitment, and Retention Efforts - That the City Council receive and file an informational update, in accordance with Assembly Bill 2561, on vacancies, recruitment, and retention efforts.

UNFINISHED / CONTINUED BUSINESS – None

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

Resolution 7641 Initiating the annual levy of the street lighting assessment; and, 2. Resolution 7642 Setting the date for the public hearing for June 9, 2025; and, 3. Resolution 7643 Approving the Engineer's Report. No increase in assessments is projected for Fiscal Year 2025-2026.

J. Proposition 218 - Proposed Water Rate and Sewer Rate Adjustments - That the City Council adopt Resolution 7644: 1. Setting the Public Hearing on the proposed water and sewer rate adjustments for July 14, 2025, or such other date selected by the Interim City Manager; and, 2. Authorizing the City Clerk, or the City Clerk’s designee, to provide notice of the Public Hearing in compliance with Proposition 218.

That the City Council adopt Resolution 7645: 1. Adopting revised procedures applicable to the conduct of the Public Hearing and majority protest proceedings and establishing an exhaustion of administrative remedies procedure pursuant to Government Code Sections 53759.1 and 53759.

ADJOURNMENT
Adjourn the City Council to Tuesday, May 27, 2025 at 5:30 p.m. to meet in a Housing Laws Study Session.

Note: City Hall will be closed on Monday, May 26, 2025, in observance of Memorial Day.

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
Ava Waggoner - Girl Scout
Ambassador
Girl Scout
Gold Award
Who is Ava
Waggoner?
● Junior at Walnut High
School
● Involved in student
leadership
○ Team Captain
○ Club President
● Ambassador in Girl Scouts
○ 12 years in scouting
● Interest in government and
political science
Project Development
and Inspiration
● Gold Award Project
○ 80 hour community
service project
○ Helps to resolve an issue
within a community
● Interest in pollution and marine
wildlife
● Interest in city government and
city council
Overview
Project
● Large sign depicting “From
River to Ocean, Keep Trash
Out of Motion”
○ Bright and colorful
● Hung at entrance to Seal
Beach
● QR code that links to
website
● Planted by team of
volunteers
● Beautify the entrance to
Seal Beach
3) Vegetation
1) Website article
● Bright, colorful designs
● Make trash cans more visible
● Beachgoers more inclined to
throw trash away
● Painted by team of volunteers
● QR codes that link to website
will be added
2) Trash cans
4) Signage
● Explains how trash flows
from San Gabriel River into
Seal Beach
● How does pollution affect
native Seal Beach wildlife?
● How can you help?
Trash Cans ● First step of
project
● Trash cans can be
found along the
beach entrance
Planted Vegetation ● Seal Beach 1st
Street Parking Lot
● Rhus integrifolia
lemonade berry
plant
Prospective Signage
Design
General idea of
what trash cans
will look like
● QR code with link
to website article
● Instagram account
with information
about the project
Locations
Additional Pictures
Thank you for
your time!

Seal Beach Police Department
E- Bike
City of Seal Beach Response to E-Bike Safety and
Enforcement
May, 2025
Growing Concerns Around E-Bikes
Increase in unsafe E-Bike riding across the city
Complaints from residents about speeding, sidewalk riding, and reckless behavior
Concerns about youth riders without helmets or proper training Collisions and near-misses with pedestrians and vehicles Seal Beach Police Department Response
Dedicated patrols focusing on
E-bike enforcement
Collaboration with schools and
parents for education and
awareness
Zero-tolerance approach for
unsafe or unlawful riding
behavior
Emphasis on public safety and
injury prevention
Actions Taken by Seal Beach PD
Citations issued for
Traffic Law and
Municipal Code
Violations
Tows: E-Bike towed
when riders are
unlicensed, or bike are
unlawfully modified
Arrests: In extreme
cases (Evading police
and or other criminal
violations)
Enforcement / Education Actions
2025 - 4 Riders arrested - / 4 Surron E Bikes Impounded - Citations issued for Speeding, Reckless Driving, Stop sign violations (2024: 6 impounds/ 3 arrests / ½ dozen citations issued / 20 differed to CHP safety course) Los Alamitos School District
Collaborations
● School Requirements for student to ride an e-bike to LASD campus ○ Law Enforcement e-bike safety course
○ School District issue competition stickers
■ This allows students to park their e-bike on campus
■ School staff and local PD handle enforcement for those at the school with no course, no sticker, or in violation of regulations at the school.

Important to note Seal Beach PD works with Los Alamitos PD with e-bike education and enforcement. However, Seal Beach PD does not self deploy to the high school or middle schools to address e-bike issues without Los Alamitos PD request or approval.

1 Brandon DeCriscio
From: JO8N <[email protected]>
Sent: Monday, May 12, 2025 5:31 PM
To: Ask City Hall; budget; [email protected]; Lisa Landau; Nathan Steele; Joe Kalmick; Ben Wong; Patty Senecal; Patrick Gallegos; [email protected]; Michael Henderson; Joe Bailey; Gloria Harper; Alexa Smittle; Barbara Arenado; Iris Lee; Tim Kelsey; Shaun Temple; Deb Machen; Brandon DeCriscio; Anthony Nguyen; Nicholas Nicholas; Mike Ezroj; Julia Clasby; Karen Pickering; [email protected]; [email protected]; [email protected]; [email protected]; Brian Gray; Nick Bolin; [email protected]; Megan Coats; Jessica Salvador; Chris Hendrix Subject: Public Comment Seal Beach City Council Meeting 5/12/25 Follow Up Flag: Flag for follow up
Flag Status: Completed
Jewish American Heritage Month Proclamation - Thank You for the Tanakh, an absolutely genius G-d given proof of Life. My favorite part is Adam and Eve in the Garden of Eden. I hope to meet the person that first told/wrote that G-d given story in Heaven. I believe the Gospels' story returns us to the Garden of Eden, and I'd be happy to peacefully discuss that difference at any time loving my neighbor as myself with belief in the 1st Amendment of the United States of America. Maybe filmed over some shared homegrown Seal Beach Cannabis in the future? What do you think the fruit from the Tree of Knowledge is?
Public Works Week Proclamation - I am loving the visual component of Public Works communications with the public and aesthetics of the City itself. I love the colors of the picture of Seal Beach pier when I cross the bridge over the freeway. I look forward to the vision of a revitalized Main Street. The addition of more Trees is awesome! I sent some questions for Donald Hodel and Public Works for their new online series. Keep being patient with The Water.

It is inevitable. Looking forward to the cleaning of the San Gabriel River! National Police Week Proclamation - Thank you Seal Beach Police for your brave service and adherence to the law that maintains society. I am loving the honesty through the changes being made with Team Policing scheduling, implementing a Wellness Coordinator, Seal Beach local training potential, intelligence lead policing using data technology, and drone first response. My responses are that using Orange County Sheriffs does not allow for local community integration especially with response time, intelligence lead policing, and the possibility of locally grown Cannabis/Plant Medicines exempt from state/federal tax, the license plate scanners can store that data to be track/identify locals/regulars/unlicensed/suspicious vehicle patterns over time, Anduril might be worth the consultation for drones/intelligent policing/potentially drawing their business to Seal Beach as the Boeing here used to be a big Defense contractor, and a local cryptocurrency and Seal Beach digital identity adoption overseen by the police to be converted and used at Seal Beach local businesses for Leisure World especially could reduce financial crimes significantly. The drug take back pictures were astonishing! Can you require license plate registration for ebikes and then use the license plate scanners on them? The best analogy I could make for our disagreement is would you want to be a police officer without a gun? Also, given the U.S. Army's adoption of the XM7 rifle with a much hotter round, is our local police being given access to anything similar due to the prevalence of body armor? Keep being patient with the parking meters. I think parking validation could go a long way.

Finance Department - It is great to see that the numbers are looking much better. I am loving how the graphs clearly show improvement. A local cryptocurrency and Seal Beach digital identity adoption overseen by the police to be converted and used at Seal Beach local businesses? I was disappointed that Cannabis was not discussed publicly. I think the tariffs are not good in the short term but necessary in the long term as the U.S. needs to put China in their place because the leader of the world cannot be an authoritarian dictatorship without the first amendment. We have to use soft power because they arguably have the hard power and number of people at this point. I still think the retirement/pension that public employees deserve should invest within the local community they served to some degree rather than forced by the federal government to be in the mutual funds of giant non-local corporations. 2 Community Services/Recreation - Love the availability of tennis courts, pool, library, parks, and gardens and seeing the improvements made. I look forward to the restoration of the Wetlands and integration of indigenous people. I would love to hear the founding religious stories of the Tongva people, with integration of the public. The laws surrounding Cannabis/Plant Medicine prevent Community.

Community Development - I'm loving the recognition of the need for affordable housing as the demographics of age limit the ideas/business for the Community. My proposal envisions repurposing surplus federal land at NWS Seal Beach ideally (or Los Alamitos JFTB not ideally) through established legal frameworks—such as the Federal Surplus Property Act and legislative models demonstrated by the Fort Ord redevelopment and the Presidio Trust— to enable a transformative, community-driven project. It aims to create a dual-use facility that integrates conventional healthcare with a dedicated research wing for psychedelic-assisted therapies, including palliative care for end-of-life anxiety and psilocybin-assisted therapy for PTSD among first responders and veterans, using proven protocols from institutions like Johns Hopkins and MAPS. Cal State Long Beach, also situated on historic Tongva land, is a key academic partner, ensuring cultural sensitivity and rigorous interdisciplinary research. Cannabis, Stems of the Banisteriopsis caapi, Leaves of the Psychotria viridis, Psilocybin mushrooms, N,N-Dimethyltryptamine containing plants, and other plant/fungus psychedelic medicines would be grown on the land by workers that live in local affordable housing for the Tongva community and hospital workers, fostering economic revitalization and social equity. Inclusive political, scientific, and religious engagement with local residents, religious institutions, and government bodies further underscores the feasibility of this initiative, aligning it with well-documented legal precedents and successful redevelopment models. The restoration of the Wetlands, the San Gabriel River, and deteriorating beach can serve as a key point of mutual agreement to return to. I want Drum Circles and cross cultural music collaborations…
Marine Safety - Double minimum wage. Love it, keep being the voice. I agree, but is there any way to cut down on part timers to have mostly long time full timers to accomplish that goal? Also, I heard lifeguards become EMT teachers? Is there any way to make videos of them teaching EMT courses to sell online? Or teach at Los Al high school through gathering cohorts of students to potentially later recruit? Could the McGaugh pool being heated more to attract more residents?
City Clerk - I love the City Clerk Week Records Theme! I hope you have all these emails stored somewhere.

Congratulations on the scholarship to further professional development! The laserfiche implementation to see contracts publicly is going to be awesome and sounds like it is going well. For the public records requests, is there any way to just make the public records more accessible? Is the issue that some things must be redacted? Maybe there is a way to have an AI filter redact many documents before upload by saying "redact all adresses" or something?
Fire - Thank you for your brave service in emergencies that is vital for a civilized society. Loving to hear how the OCFA works and I am glad it gives us access to helicopters and other services that we would not have access to otherwise. Would a hospital across the street from Leisure World improve your ability to do your job? Human Resources - Loving that I can send these emails. We are all human. Everyone's poop stinks! Acting City Manager - Love the smoothness of the budget presentations which I know must take a lot of behind the scenes work, the improvement of visuals, and the patient, measured responses to the public. I think Craig is the only person I missed with this email, if you don't mind forwarding it. What would it take to move back to Seal Beach? JO8N

Mike W. May 12th presentation
Mike Westmoreland 527 Riviera Drive. 34 years as a resident on Riviera Drive.

I am here tonight to voice my disapproval of the city’s authorization of an STR at 521 Riviera Drive. My utmost concern is for the safety of the children using Riviera Drive as an entry and exit from McGaugh elementary school. Not only are the children present on Riviera Drive at drop offs and pick ups but also during Seal Beach Pony baseball activities and events such as the McGaugh carnival and others. At times many of these children are unaccompanied by adults because of Riviera Drive being conceived as a safe place. I am very concerned that the STR at 521 Riviera poses a serious safety potential to these children. There is no screening process as to who may rent this STR.

Transient renters (without thorough background checks) at STR’s have been linked to more crime and serious incidents. Our neighborhood is a familyoriented residential area where homes are primary residences not commercial lodgings. Continuing to allow an STR at 521 Riviera invites a steady stream of unknown guests into what is ment to be a safe peaceful enclave. Neighbors have long valued uninterrupted sleep - private family time and a safe place for all children. This STR is introducing visitors with no stake in preserving the charm of our community and is a serious threat to our well being.

From a legal perspective cities such as Seal Beach are obligated to protect residents, especially our children. Our neighborhood’s integrity safety and long term quality of life depends on maintaining purely residential use on Riviera Drive. For these reasons, primarily the safety of all children coming on to Riviera Drive, we respectfully urge the city council to refuse the renewal of the STR for 521 Riviera Drive.

Julie W. May 12th presentation
Julie Westmoreland, resident on Riviera Drive for 34 years.

Riviera Drive is a gateway to McGaugh Elementary. Children traveling to and from school walk down our street twice a day, sometimes accompanied by their
parents…..but not always. There are special events, often held at night where kids are using our street to access the school. Children playing on the school fields are visible from the large picture windows facing the school grounds.

Sporting activities bring many children to the McGaugh fields throughout the year. In addition to organized sports there are constantly kids playing there, more often than not, without parental supervision. Parents drop off their kids for practices or to warm up with their team before a game. I believe that parents look at the neighborhood and feel a sense of safety that the single family homes lining the fields provide. They might feel that dropping their child off and running home to do a few things before a game is a safe choice.

The safeness of the environment on Riviera Drive is put at risk with a short term rental that potentially brings a new group of 8 strangers in every 5 to 7 days. These strangers will be in close proximity to every child walking up or down the street. They will be able to sit in front of the large picture windows facing the fields observing the children. A short term renter who does not have good intentions would have easy access to those children.

I believe that we as a community look out for each other, especially the children. On many occasions there has been a child waiting alone for a parent who is running late and my husband and I will watch out for them until they are safely picked up. That being said, I feel that this influx of strangers with such easy access to the children is just incredibly risky. We aren’t always there looking out our window and a child not being watched is vulnerable. A teacher at MGaugh told me that the staff are vigilant about watching for suspicious cars around the school that appear to be observing the children. They are acutely aware of an unfortunate fact that there are predators out there. In this case of an STR on Riviera drive a stranger… possible predator, could be parked by the large picture window observing the children.

This is a quote from the listing on Airbnb for 521 Riviera Drive.

Directly across the street from The Beach House, is what us locals like to call our "Country Club." As long as the elementary school across the street is not in session, the locals get to use all of the facilities across the street which include, giant fields, swimming pool, tennis courts, basketball, baseball, soccer field and 2 schoolyard playgrounds for the littles to enjoy. Obviously this is encouraging more exposure of the children to strangers.

I am here asking that you The Seal Beach City Council recognize the seriousness of this problem and take action to protect the children.

Agenda Item A

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session, Water/Sewer Rate Financial Study Session – Part II, and Regular City Council meetings held on April 28, 2025.

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, Water/Sewer Rate Financial Study Session – Part II, and Regular City Council meetings held on April 28, 2025.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Minutes –Water/Sewer Rate Financial Study Session – Part II B. Minutes – Regular Session
C. Minutes – Closed Session
Seal Beach, California
April 28, 2025
The City Council met in a Special Meeting for the Water/Sewer Rate Financial Study Session – Part II at 5:04 p.m. in the City Council Chambers.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Alayna Hoang, Finance Manager
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Sean Sabo, Management Analyst
Tim Kelsey, Recreation Manager
Mike Ezroj, Operations Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer

STUDY SESSION
Interim City Manager Gallegos welcomed everyone to the study session and gave an overview of the meeting agenda and goals. He called upon Director of Public Works Lee who provided an overview of the water and wastewater utility systems. Director of Public Works Lee, Raftelis Financial Consultants Project Manager Steve Gagnon, and Raftelis Financial Consultants Manager Gina DePinto gave an in-depth presentation of the City’s water and wastewater system, the importance of functioning infrastructure, the City’s current financial position, different rate adjustment scenarios, and the proposed increases.

A discussion ensued between the Council Members, staff, and the consultants. Their questions and concerns were addressed by Public Works Director Lee, Raftelis Consultants Project Manager Steve Gagnon, and Raftelis Financial Consultants Manager Gina DePinto.

PUBLIC COMMENTS
Mayor Landau opened oral communications. Speakers: Ellery Deaton, Hope Horning, Matthew Terry, Theresa Miller, and James Jenson. Mayor Landau closed oral communications.

One (1) supplemental communication was received after the posting of the agenda; it was distributed to the City Council and made available to the public.

ADJOURNMENT
Mayor Landau adjourned the meeting at 6:50 p.m., to meet in the regular session of the City Council at 7:00 p.m.

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

Lisa Landau, Mayor
Attested: ______
Gloria D. Harper, City Clerk
Seal Beach, California
April 14, 2025
The City Council met in Regular Session at 7:08 p.m. in the City Council Chambers.

Mayor Pro Tem Steele led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Kyle Cain, Orange County Fire Authority Administrative Captain Joe Bailey, Marine Safety Chief
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Mike Ezroj, Police Captain
Tim Kelsey, Recreation Manager
Lauren Barich, Management Analyst

PRESENTATIONS / RECOGNITIONS
• 56th Annual Professional Municipal Clerks Week Proclamation – May 4-10, 2025
• Sexual Assault Awareness Month (SAAM) Proclamation – April 2025 • Neighbor 4 Neighbor Video Presentation
• Seal Beach Community Television – SBTV-3 Presentation

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Celina Berenguer, Justin Baca, and Teri Quinlan addressed the City Council. Mayor Landau closed oral communications.

City Clerk Harper announced that five (5) supplemental communications were received after posting 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 Wong to approve the agenda.

AYES: Kalmick, Wong, Landau, Senecal, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CITY ATTORNEY REPORT
City Attorney Ghirelli announced that the City Council is scheduled to meet in Closed Session at the conclusion of the Regular Session.

CITY MANAGER REPORT
Interim City Manager Gallegos invited the community to participate in the upcoming Budget Workshops, scheduled for Tuesday, May 6, 2025, and Thursday, May 8, 2025, at 5:30 pm in the Council Chambers. Residents are invited to provide feedback on the Fiscal Year 25-26 Budget.

Additionally, Interim City Manager Gallegos announced that the City will host a Dump Day on Saturday, May 10, 2025, at the Public Works Yard located on 1776 Adolfo Lopez Dr, from 8:00 am - 11:00 am or until intake capacity is reached and that residents will have an opportunity to drop off bulky household waste, such as old furniture and broken toys, at no cost. He noted that the City has also partnered with Goodwill to keep salvageable items out of the landfill, and the Orange County Conservation Corps to collect e-waste onsite. He also noted that more information is available on the City’s website homepage.

COUNCIL COMMENTS
Council Member Wong had nothing to report.

Council Member Kalmick reported his attendance at the Seal Beach Rotary Club Luncheon, the San Gabriel River Working Group meeting, the Seal Beach Chamber of Commerce OsteoStrong Ribbon Cutting Ceremony, the Special Joint Meeting of the Environmental Quality Control Board (EQCB) and Recreation and Parks Commission, the Orange County Council of Governments (OCCOG) meeting, the Orange County Fire Authority (OCFA) Executive Committee meeting, and the Seal Beach Classic Car Show.

Council Member Senecal lauded the Seal Beach Classic Car Show as a great success.

Additionally, Council Member Senecal reported her attendance at the League of California Cities meeting. Lastly, she applauded Assemblymember Dixon and Council Member Kalmick for their work on the San Gabriel River Trash Mitigation Initiative.

Mayor Pro Tem Steele announced that he has been working with Orange County Mosquito and Vector Control on their budget for the next fiscal year. Additionally, he reported his attendance at the City Golden Rain Foundation (GRF) Working Group meeting. Lastly, he thanked the Seal Beach Lions Club for selling fruit and vegetable baskets at Leisure World and noted that the baskets were extremely popular among the residents..

Mayor Landau reported her attendance at the Seal Beach Classic Car Show. Additionally, Mayor Landau announced that Orange County Sanitation District (OCSan) will be adding new signage at the Seal Beach Boulevard and Westminster Avenue pump station construction site. She noted that project updates can be found on OCSan’s website at www.ocsan.gov/sealbeach.

COUNCIL ITEMS
There were no council items.

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on April 14, 2025.

B. Demand on City Treasury (Fiscal Year 2025) - Ratification.

C. Monthly Investment Report (April 28, 2025) - Receive and file.

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

E. Approving and Authorizing the Amended and Restated Professional Maintenance Services Agreement to RPW Services, Inc., for Gopher and Pest Control Services - That the City Council adopt Resolution 7634: 1. Awarding an Amended and Restated Professional Maintenance Services Agreement to RPW Services, Inc., for a one-year term, in a total not-to-exceed amount of $55,000, and to provide gopher and pest control services at designated City buildings and parks, pursuant to the RPW Services, Inc. proposal dated February 3, 2025; and,

2. Authorizing the Interim City Manager to extend the original term by up to three one-year extensions for the not-to-exceed amount of $55,000 for each extension; and, 3. Providing that upon its effective date, the Amended and Restated Agreement supersedes the previous Agreement with RPW Services, Inc., dated August 26, 2022, and Extensions One and Two, that are set to terminate on August 26, 2025; and, 4. Authorizing and directing the Interim City Manager to execute the Agreement; and, 5. Rejecting all other proposals.

F. Approving and Authorizing the Second Amendment to the Waste Disposal Agreement - That the City Council adopt Resolution 7635: 1. Approving the Second Amendment to the Waste Disposal Agreement between the County of Orange and the City of Seal Beach to extend the term to June 30, 2026 and establish new contract rates; and, 2. Authorizing and directing the Interim City Manager to execute the Amendment.

The vote below is for the Consent Calendar Items.

AYES: Kalmick, Wong, Senecal, Steele, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar

PUBLIC HEARING
There were no public hearing items.

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

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Landau adjourned the City Council at 8:16 p.m. to the Closed Session. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Lisa Landau, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Seal Beach, California
April 28, 2025
The City Council met in Closed Session at 8:28 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Gloria D. Harper, City Clerk

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

CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Government Code §54957(b)
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Nicholas Ghirelli, City Attorney Unrepresented Employee: Interim City Manager
No reportable action was taken.

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 10:20 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7636:

1. Approving Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions, extending the term to December 31, 2025; and,

2. Directing the Interim City Manager to execute Amendment 2 on behalf of the City.

BACKGROUND AND ANALYSIS:

Holistic System Integration Solutions (Holistic) has been assisting the City of Seal Beach (City) with providing post-implementation support for Tyler Technologies’ (Tyler) Enterprise Permitting and Licensing (EPL) Land Management Software System. Holistic has been instrumental in the successful launch and ongoing support of the Tyler system with services including system configuration, comprehensive testing, development of operating procedures, and provision of various remote services. Utilizing Holistic continues to ensure a smooth transition and optimal functionality of the newly implemented system. The proposed amendment will extend the term of the Agreement to December 31, 2025. No other changes to the Agreement are proposed.

ENVIRONMENTAL IMPACT:

The proposed professional services agreement amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Approval of the Professional Services Agreement Amendment 2 will not have a significant effect on the environment.

Page 2 ends

LEGAL ANALYSIS:

This item has been reviewed and approved as to form.

FINANCIAL IMPACT:

Amendment 2 represents a time extension only, adequate funding was included in the adopted FY 2024-2025 Annual Budget.

STRATEGIC PLAN:

Implementation of a new permitting system was included in the 2021 Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7636:

1. Approving Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions, extending the term to December 31, 2025; and,

2. Directing the Interim City Manager to execute Amendment 2 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City
Manager
Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:

A. Resolution 7636
B. Amendment 2 to the Professional Services Agreement with Holistic System Integration Solutions
C. Amendment 1 to the Professional Services Agreement with Holistic System Integration Solutions
D. Original Professional Services Agreement with Holistic System Integration Solutions
RESOLUTION 7636

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 2 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH

HOLISTIC SYSTEM INTEGRATION SOLUTIONS

EXTENDING THE AGREEMENT UNTIL
DECEMBER 31, 2025
WHEREAS, the City of Seal Beach (City) and Holistic System Integration Solutions (Consultant) are parties to that certain Professional Services Agreement approved on September 23, 2024, for Post-Go-Live Transition Services (collectively the “Agreement”); and,
WHEREAS, the Consultant has been instrumental in the successful launch and ongoing support of the Tyler Technologies system, providing services including system configuration, comprehensive testing, development of operating procedures, and various services; and,
WHEREAS, the City faces significant changes in the support structure from Tyler, necessitating a proactive approach to ensure continued system stability and optimization; and,
WHEREAS, City and Consultant have determined that additional time is required for continued support services and wish to extend the Term of the Agreement to December 31, 2025.

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

Section 1. The City Council hereby approves to amend the Professional Services Agreement for Post-Go-Live Transition Services, extending the Term through December 31, 2025.

Section 2. The Council hereby directs the Interim City Manager to execute Amendment 2 on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of May 2025 by the following vote:

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

Lisa Landau, 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 7636 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of May 2025.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 2
for
Post-Go-Live Transition Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Holistic System Integration Solutions
P.O. Box 6313
La Quinta, CA 92248
(760) 861-6532
This Amendment No. 2, dated May 12, 2025, amends that certain agreement (Agreement) made as of September 23, 2024 by and between the City of Seal Beach (City), a California charter city, and Holistic System Integration Solutions (Consultant), a sole proprietorship (collectively, “the Parties”).
2 of 3

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides post-go-live professional services to support implementation of the Tyler Enterprise, Permitting and Licensing software system.

B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from June 30, 2025, for a six month extension to conclude on December 31, 2025.

AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the September 1, 2024 Agreement is hereby amended for a six month extension to expire December 31, 2025, to read as follows:

The term of this Agreement shall commence on
September 1, 2024 and shall remain in full force and
effect until December 31, 2025 unless sooner
terminated as provided in Section 5.0 of this
Agreement.

Section 3. All references to the term “Agreement” throughout Sections

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 2, dated May 12, 2025, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 2 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 2 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2.

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

CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos,
Interim City Manager
Attest:

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

By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: Holistic Systems
Integration Solutions, a Sole
Proprietorship
By: __________________________
Name: Angelica Zarco
Its: President

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Post-Go- Live Transition Services
Between

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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Holistic System Integration Solutions
P. O. Box 6313
La Quinta, CA 92248
760) 861- 6532
This Amendment No. 1, dated December 9, 2024, amends that certain agreement Agreement) made as of August 26, 2024 by and between the City of Seal Beach ( City), a California charter city, and Holistic System Integration Solutions ( Consultant), a sole proprietorship ( collectively, " the Parties").

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides post- go- live professional services to support implementation of the Tyler Enterprise, Permitting and Licensing software system.

B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from September 1, 2024, for a seven month extension to conclude on June 30, 2025, and to increase the executed agreement for an additional $ 15, 000 for continued support.

AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2. 0 ( Term) of the September 1, 2024 Agreement is hereby amended for a seven month extension to expire June 30, 2025, to read as follows:

The term of this Agreement shall commence on
September 1, 2024 and shall remain in full force and
effect until June 30, 2025 unless sooner terminated as
provided in Section 5. 0 of this Agreement.

Section 2. Section 3. 0 ( Payment) of the September 1, 2024 Agreement is hereby amended to increase by $ 15, 000, the contract amount to $ 20, 000, to read as follows:

City will pay Consultant in accordance with the hourly
rates shown on the fee schedule set forth in Exhibit A
for the Services but in no event will the City pay more than the total not- to- exceed amount of$ 20, 000 ( twenty thousand dollars) for the Term.

Section 3. All references to the term " Agreement" throughout Sections 1 . 0 through 35. 0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated December 9, 2024, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment 2 of 3
No. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.

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

CITY OF SEAL BEACH CONSULTANT: Holistic Systems
Integration Solutions, a Sole
Proprietorship
By:

Patrick Gallegos;- interim City - By:

Manager
V`j
Name: Angelica Zarco
Atte yf Its: President
co
By: cam co
Gloria . rper, 5A.

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Approved as to Form:

By: 7.

Ntithoias Ghirelli, City Attorney
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Proposal:

City of Seal Beach
Consulting Assistance for Implementation of
Tyler' s EnerGov Civic Services Software
Angelica Zarco
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P. O. Box 6313 F''•
La Quinta, CA. 92248 9C:\
Office ( 760) 861- 6532
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Page 1 ends

November 4, 2024
Alexa Smittle
Community Development Director
City of Seal Beach, California
asmittleasealbeachca. c ov
RE: Consulting services for post- implementation support of Tyler' s EnerGov, Community Development Software System
Dear Ms. Smittle.

Holistic System Integration Solutions is pleased to submit this proposal to the City of Seal Beach Community Development Department, to provide post-implementation support of Tyler' s, EnerGov Civic Services Software. Implementation of the City' s new permitting system occurred on August 19'", 2024. The City desires to engage post- implementation support services for a period of up to one ( 1) year.

Holistic looks forward to working with the City of Seal Beach to develop a model for efficient business operations that safely delivers development services to its customers. Thank you for consideration of our proposal.

Sincerely,
Holistic System Integration Solutions
Angelica Zarco
President/ CEO

Page 2 ends

SCOPE OF WORK
Provide post- implementation support of Tyler' s. Enterprise Permitting software system to include the following:

Configuration/ Business Process Integration
Fee Schedule/ Structure configuration
System Reports Development Coordination ( Forms/ Documents/ Reports) GIS Coordination
Testing
Develop Standard Operating Procedures ( SOP' s)
Develop Training materials
Ticket creation to report system issues, monitoring and follow through to resolution Conduct one- on- one and/ or group sessions with City staff Remote support services via phone/ video conference

Page 3 ends

QUALIFICATIONS

HOLISTIC SYSTEM INTEGRATION SOLUTIONS

OUR PURPOSE
Based in Riverside County, Holistic System Integration
Solutions is dedicated to providing smart holistic solutions for PEOPLE
software implementation and process integration.

Holistic' s in- depth understanding of land management systems, 1601111 comprehensive knowledge of municipal land development processes and proven system implementation/ integration cut TURF experience, paired with our client' s desires to achieve future system goals and capitalize on their investment while delivering exceptional customer service, ensures seamless and streamlined collaborations. TECHNOLOGY
Holistic has developed streamlined solutions that utilize a holistic approach to system design and integration by balancing four major elements that are key to successful system implementation— People, Culture, Process, and Technology.

This approach delivers system integration on a global scale while taking- into- account and minimizing adverse impacts to the organization.

EXECUTION STRATEGY
Our success is attributed to an execution strategy that incorporates the Lean Six Sigma, DMAIC ( Define, Measure, Analyze. Improve, Control) method to software implementation/ integration. The DMAIC approach allows them to continually identify and apply improvements to business processes through software system design that result in enhanced system performance.

Change management strategies are also built into our programs to assist with the least impactful introduction of end- users to their new land management environment. This approach is imperative to organizational health.

SERVICES PROVIDED ( all of which may be provided remotely) RFP Development Develop Training Materials and Conduct Staff Training Software System Implementation ( New or Upgrade) Vendor issue creation to report system issues. monitoring Software Configuration/ Integration
and follow through to resolution
Workflow Development, Design and Automation Conduct one- on- one and/ or group sessions with staff Fee Schedule/ Structure Calculations
Remote support services via phone/ video conference
System Reports Development Coordination •
On- site and/ or remote project management/ support
Forms/Documents/Reports)
services
GIS Implementation Coordination
Electronic plan review software Implementation/ integration System Testing
Develop Process/ Project Action Team' s to achieve project goals
Streamlined Strategies for Data Mapping/ Migration

Page 4 ends

Develop Standard Operating Procedures( SOP' s) Develop performance metrics and key performance indicators( KPI' s) for increased productivity
Holistic System Integration Solutions Experience

CITY OF SAN CLEMENTE
The City of San Clemente' s Information Technology Division utilized Holistic System Integration Solutions to supplement their efforts during a staff transitional period and implementation/ integration of a new GIS module. Holistic' s ability to provide uninterrupted services while implementing a complex GIS module to their existing land management system resulted in a successful partnership. Services provided to the City included the following:

Review, analysis, coordination. testing and implementation of a new GIS module to their existing land management system.

Review, analysis, coordination and validation of the City' s, County and Fire GIS data and migration into existing land management system.

Developed Standard Operating Procedures for City Staff use at implementation.

Developed roadmap and made recommendations to implement electronic plan review.

Developed reporting methods for Clean Oceans Annual Jurisdictional Runoff report and Park Ranger program.

Provided configuration and system support services:

CITY OF MEDFORD ( OR)
Holistic quickly became a critical element to a successful implementation of a complex system for the City of Medford. The knowledge and resources provided were extremely hardworking and competent. We could not have achieved success without these resources."
Barbara Madruga
The City of Medford procured Holistic System Integration Solutions to assist them with a complex implementation of a new software system just three months prior to their scheduled Go- Live date. Holistic addressed and fast- tracked resolutions for concerns surrounding their anticipated Go- Live schedule. Our assistance lead to a successful implementation. Services provided to the City included the following:

Conducted analysis of project timeline and task evaluation, identified critical stops and developed plan of action to accomplish scheduled tasks for successful Go- live.

Conducted business process and workflow analysis, made recommendations for streamlining and standardizing opportunities and configured in system.

Conducted analysis of TRAKiT system for configuration needs, accuracy and made configuration adjustments in accordance with desired workflows and business processes.

Conducted data migration analysis and developed streamlined methods for mapping and migration to new system.

Conducted GIS analysis and made recommendations for effective system implementation Developed SOPs and conducted training to staff in all modules

Page 5 ends

Implemented mobile inspection platform and conducted training for inspection staff Made recommendations for system preparedness and roll- out to public

CITY OF COACHELLA
Holistic conducted an in- depth System Needs Analysis of the City of Coachella' s existing land management software system ( Eden) and processes surrounding their land development activities which included impacts to water & sewer Utilities and Environmental Compliance Departments. The analysis provided them with the ability to measure existing software system capabilities against newer, more sophisticated systems and identified process improvement/ streamlining opportunities which will allow them to make informed decisions about future procurement of a new software system.

Services provided to the City included the following:

Conducted comprehensive system needs analysis of various systems used, including the City' s existing Eden land management system, and evaluated based on capability. efficiency and accessibility in comparison with newer land management systems available in today' s market.

Conducted comprehensive business process review of land development activities and made recommendations for standardizing and streamlining opportunities.

Coordinated software vendor demonstrations and prepared system cost comparison.

Provided the City with a menu of short- term, mid- term and long-term next steps and made recommendations for actionable goals based on priority.

Provided roadmap for actionable items with realistic timelines for execution.

CITY OF LA QUINTA
The City of La Quinta sought to implement an on-line land management system for the Design& Development Department. Angelica Zarco ( Systems Integration Manager), spearheaded implementation of the City' s new land management software system, TRAKiT, which included strategic planning, streamlining, standardizing, implementation and integration of processes and systems for the Design and Development Department.

Responsibilities included the following:

Development, configuration and implementation of the City' s software system ( TRAKiT) utilized for all development related, business license and Short- Term Vacation Rental application, review, processing and payment activities for both over the counter and online functionality.

Implemented the City' s online, electronic plan review, GIS and mobile inspection platforms.

Engaged with City Staff to understand complex business processes, developed workflows, identified process improvements, streamlining opportunities, standardized business processes and integrated with relative software.

Developed Standard Operating Procedures and User Guides and conducted training for all modules.

Oversaw the City' s Short- Term Vacation Rental Program which involved revamping the marketing and branding of the program.

Development of complex key performance indicators to measure business and system performance.

Page 6 ends

Angelica Zarco - Project Manager/ President, Holistic SIS Business Process Review, Workflow Development, Streamlining and Standardizing for Improved Business Continuity, Configuration, SOP Development & Training
Certifications
Intermediate Project Management- Microsoft Project; Lean Six Sigma— Lean Management
Angelica has 14 years of municipal government experience with 10+ years directly related to Community Development. She was also employed as a Project Manager for 3 years with a major Southern California land development company where she managed large- scale tract home development projects. Her experience in both public and private land development sectors has granted her a unique perspective to the land management software implementation and integration process. She is able to utilize her knowledge and experience from behind both sides of the counter to accurately, efficiently and effectively interpret and deploy land management systems based on the critical business needs of cities and customers alike. Angelica was responsible for the successful implementation of the City of La Quinta' s Design and Development Department' s land management system, which included Permit, Project, Business License, AEC and GIS modules. She also implemented electronic plan review, mobile inspection and the eTRAKiT online platform which consisted of 82 land development application types. Angelica developed methods to successfully measure key performance indicators for business process and system performance. The implementation process included:

Establishing comprehensive strategic plans for implementation / integration of the Department' s software system and various project initiatives including project budgets and schedule development adherence.

Managing. assigning, and directing activities of various Project Action Teams ( PAT' s).

Developing, configuring, and implementing the City' s TRAKiT software system Conducting stakeholder workshops for eTRAKiT online permitting software.

Working with City Staff to understand their business processes, developing process workflows, and identifying process improvement opportunities prior to their integration into TRAKiT.

Developing and implementing standard operating procedures ( SOPs) and user manuals, as well as City policies and best management practices ( BMP' s) Conducting effective staff training utilizing SOP' s and effective training materials

Page 7 ends

References
Agency Contact Phone Number Email Address
Holistic References
City of Medford, Oregon Barbara Madruga,
541. 774. 2064 blmadruga@cityofinedford. org
Technology& Innovation Director
City of San Clemente, Brian Brower,
California Information Technology Manager 949. 361. 8259 browerb@san- clemente. org Fee Information
Cost of Services/ Hour Price Total Project Cost
Time and Materials— Contract Duration( Up to 1 Year) 125/ hour 15, 000 To be billed in Increments of no less than 30 minutes per task
TOTAL CONTRACT AMOUNT 15, 000 l

Page 8 ends

HOLISTIC SYSTEM INTEGRATION SOLUTIONS
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Proposal:

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Tyler' s EnerGov Civic Services Software
Angelica Zarco
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La Quinta, CA. 92248 V nS
Office ( 760) 861- 6532
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Page 1 ends

November 4, 2024
Alexa Smittle
Community Development Director
City of Seal Beach, California
asmittleasealbeachca. gov
RE: Consulting services for post- implementation support of Tyler' s EnerGov, Community Development Software System
Dear Ms. Smittle,
Holistic System Integration Solutions is pleased to submit this proposal to the City of Seal Beach Community Development Department, to provide post-implementation support of Tyler' s, EnerGov Civic Services Software. Implementation of the City' s new permitting system occurred on August 19' h, 2024. The City desires to engage post- implementation support services for a period of up to one( 1) year.

Sincerely,
Holistic System Integration Solutions
Angelica Zarco
President/ CEO

Page 2 ends

SCOPE OF WORK
Provide post- implementation support of Tyler' s, Enterprise Permitting software system to include the following:

Page 3 ends

QUALIFICATIONS

HOLISTIC SYSTEM INTEGRATION SOLUTIONS

OUR PURPOSE
Based in Riverside County, Holistic System Integration
Solutions is dedicated to providing smart holistic solutions for PEOPLE
software implementation and process integration.

Holistic' s in- depth understanding of land management systems, lor • comprehensive knowledge of municipal land development processes and proven system implementation/ integration 401 PROCESS experience, paired with our client' s desires to achieve future system
exceptional
goals
customer
and capitalize
service,
on
ensures
their investment
seamless and
while
streamlined
delivering fl/A
collaborations. TECHNOLOGY
Holistic has developed streamlined solutions that utilize a holistic approach to system design and integration by balancing four major elements that are key to successful system implementation— People, Culture, Process, and Technology.

This approach delivers system integration on a global scale while taking- into-account and minimizing adverse impacts to the organization.

EXECUTION STRATEGY
Our success is attributed to an execution strategy that incorporates the Lean Six Sigma, DMAIC ( Define, Measure, Analyze, Improve, Control) method to software implementation/ integration. The DMAIC approach allows them to continually identify and apply improvements to business processes through software system design that result in enhanced system performance.

SERVICES PROVIDED ( all of which may be provided remotely) RFP Development Develop Training Materials and Conduct Staff Training Software System Implementation ( New or Upgrade) Vendor issue creation to report system issues. monitoring Software Configuration/ Integration
and follow through to resolution
Workflow Development, Design and Automation
Conduct one- on- one and/ or group sessions with staff
Fee Schedule/ Structure Calculations
Remote support services via phone/ video conference
System Reports Development Coordination •
On- site and/ or remote project management/ support
Forms/ Documents/Reports)
services
Electronic plan review software Implementation/ integration GIS Implementation Coordination
Develop Process/ Project Action Team' s to achieve project System Testing
goals
Streamlined Strategies for Data Mapping/ Migration

Page 4 ends

Develop Standard Operating Procedures( SOP' s) Develop performance metrics and key performance indicators( KPI' s) for increased productivity
Holistic System Integration Solutions Experience

Review, analysis, coordination, testing and implementation of a new GIS module to their existing land management system.

Review, analysis, coordination and validation of the City' s. County and Fire GIS data and migration into existing land management system.

Developed Standard Operating Procedures for City Staff use at implementation.

Developed roadmap and made recommendations to implement electronic plan review.

Developed reporting methods for Clean Oceans Annual Jurisdictional Runoff report and Park Ranger program.

Provided configuration and system support services:

Conducted analysis of project timeline and task evaluation, identified critical stops and developed plan of action to accomplish scheduled tasks for successful Go-live.

Conducted business process and workflow analysis, made recommendations for streamlining and standardizing opportunities and configured in system.

Conducted analysis of TRAKiT system for configuration needs, accuracy and made configuration adjustments in accordance with desired workflows and business processes.

Conducted data migration analysis and developed streamlined methods for mapping and migration to new system.

Conducted GIS analysis and made recommendations for effective system implementation Developed SOPs and conducted training to staff in all modules

Page 5 ends

Implemented mobile inspection platform and conducted training for inspection staff Made recommendations for system preparedness and roll- out to public

Services provided to the City included the following:

Conducted comprehensive system needs analysis of various systems used, including the City' s existing Eden land management system, and evaluated based on capability, efficiency and accessibility in comparison with newer land management systems available in today' s market.

Conducted comprehensive business process review of land development activities and made recommendations for standardizing and streamlining opportunities.

Coordinated software vendor demonstrations and prepared system cost comparison.

Provided the City with a menu of short- term, mid- term and long- term next steps and made recommendations for actionable goals based on priority.

Provided roadmap for actionable items with realistic timelines for execution.

CITY OF LA QUINTA
The City of La Quinta sought to implement an on- line land management system for the Design & Development Department. Angelica Zarco ( Systems Integration Manager), spearheaded implementation of the City' s new land management software system, TRAKiT, which included strategic planning, streamlining, standardizing, implementation and integration of processes and systems for the Design and Development Department.

Responsibilities included the following:

Implemented the City' s online, electronic plan review, GIS and mobile inspection platforms.

Developed Standard Operating Procedures and User Guides and conducted training for all modules.

Oversaw the City' s Short- Term Vacation Rental Program which involved revamping the marketing and branding of the program.

Development of complex key performance indicators to measure business and system performance.

Page 6 ends

Angelica Zarco - Project Manager/ President, Holistic SIS Business Process Review, Workflow Development, Streamlining and Standardizing for Improved Business Continuity, Configuration, SOP Development & Training
i4
Certifications
Intermediate Project Management- Microsoft Project; Lean Six Sigma— Lean Management
Angelica has 14 years of municipal government experience with 10+ years directly related to Community Development. She was also employed as a Project Manager for 3 years with a major Southern California land development company where she managed large- scale tract home development projects. Her experience in both public and private land development sectors has granted her a unique perspective to the land management software implementation and integration process. She is able to utilize her knowledge and experience from behind both sides of the counter to accurately, efficiently and effectively interpret and deploy land management systems based on the critical business needs of cities and customers alike. Angelica was responsible for the successful implementation of the City of La Quinta' s Design and Development Department' s land management system. which included Permit, Project, Business License, AEC and GIS modules. She also implemented electronic plan review, mobile inspection and the eTRAKiT online platform which consisted of 82 land development application types. Angelica developed methods to successfully measure key performance indicators for business process and system performance. The implementation process included:

Managing, assigning, and directing activities of various Project Action Teams ( PAT' s).

Developing, configuring, and implementing the City' s TRAKiT software system Conducting stakeholder workshops for eTRAKiT online permitting software.

Working with City Staff to understand their business processes, developing process workflows, and identifying process improvement opportunities prior to their integration into TRAKiT.

Page 7 ends

References
Agency Contact Phone Number Email Address
Holistic References
City of Medford, Oregon Barbara Madruga,
Technology& Innovation Director
541. 774. 2064 blmadruga@cityofinedford. org
City of San Clemente, Brian Brower,
California Information Technology Manager 949. 361. 8259 browerb@san- clemente. org Fee Information
Cost of Services/ Hour Price Total Project Cost
Time and Materials— Contract Duration( Up to 1 Year) 125/ hour 15, 000 To be billed in Increments of no less than 30 minutes per task
TOTAL CONTRACT AMOUNT 15, 000

Page 8 ends

PROFESSIONAL SERVICES AGREEMENT
for
Post- Go- Live Transition Services
between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Holistic System Integration Solutions
P. O. Box 6313
La Quinta, CA 92248
760) 861- 6532
This Professional Service Agreement (" the Agreement") is made as of August 26, 2024, to be effective as of September 1, 2024 ( the " Effective Date"), by and between Holistic System Integration Solutions (" Consultant"), a sole proprietorship, and the City of Seal Beach ('`City"), a California charter city, ( collectively, the Parties").

RECITALS
A. City desires certain professional services for post-go-live for Tyler Enterprise, Permitting and Licensing software system.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to retain Consultant as an independent contractor to provide information technology services.

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

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

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

AGREEMENT

1. 0 Scope of Services

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

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

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

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant' s 2 of 19
work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

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

2. 0 Term

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

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not- to- exceed amount of $ 5, 000 ( five thousand dollars) for the Original Term.

4. 0 Method of Payment

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

4. 2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.
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5. 0 Termination

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

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

6. 0 Party Representatives

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

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

7. 0 Notices

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

To City: City of Seal Beach
211- 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Holistic System Integration Solutions
P. O. Box 6313
La Quinta, CA 92248
Attn: Angelica Zarco

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

8. 0 Permits and Licenses
Consultant and all of Consultant' s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4 of 19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9. 0 Independent Contractor

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

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

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

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5 of 19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

10. 0 PERS Compliance and Indemnification

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

10. 2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, 6 of 19
damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section

10. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 0 Confidentiality

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

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

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

12. 0 Ownership of Documents and Work Product

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

All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be 7 of 19
and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

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

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

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

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

13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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14. 0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, " assignment" and " delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

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

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

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

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

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

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

17. 2. 3. Workers' Compensation Insurance in the amount required by law; and Employer' s Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease;

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

17. 2. 5 Cyber Security & Privacy Liability Insurance. Service Provider shall procure and maintain Cyber Security and Privacy Liability insurance with limits of $ 1, 000, 000 per occurrence and $ 2, 000, 000 general aggregate which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and 10 of 19
regulatory fines arising from such theft, dissemination, or use of confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
c. Liability arising from the failure of technology products ( software) required under the contract for Service Provider to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

If coverage is maintained on a claims- made basis, Service Provider shall maintain such coverage for an additional period of three ( 3) years following termination of the contract. Required Endorsements — a 30- day notice of cancellation.

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

17. 4. Additional Insured.

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

17. 4. 2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17. 4. 3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.

17. 5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior 11 of 19
written notice by certified mail, return receipt requested, has been given to City; 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

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

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

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

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

17. 10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon. Consultant shall promptly reimburse 12 of 19
City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

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

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

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

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

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

18. 1. Indemnities.

18. 1. 1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including 13 of 19
but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages collectively " Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

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

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

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

18. 4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the 14 of 19
acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees.

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

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

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

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

22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
15 of 19

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

24. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement ( whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.

27. 0 Prohibited Interests; Conflict of Interest

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

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 16 of 19

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

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

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

29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 17 of 19

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

31. 0 Mutual Cooperation
u 1 •

31. 1. Citv' s Cooperation. City shall prbvjde Cohsul an with al pe inent Data, documents and other requested information as is reasonably avarfa le for Consultant' s proper performance of the Services required under this Agreement.

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

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

33. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.

34. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that 18 of 19
by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

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

CITY OF SEAL BEACH CONSULTANT: Holistic Systems
Integration Solutions, a Sole
it Proprietorship
By:

J' IF'. Ingram, City Manage By:

Name: Angelica Zarco
Its: President
Attest:

Please note, two signatures required
for corporations pursuant to California
By: \.;
r
g A Corporations Code Section 313 from
oria I. Harp: , i y Clerk each of the following categories: ( i) the chairperson of the board, the president
or any vice president, and ( ii) the
Approved as to Form: secretary, any assistant secretary, the chief financial officer or any assistant
treasurer of such corporation.)
By:

Nicholas Ghirelli, City Attorney PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
19 of 19

EXHIBIT A
Consultant' s Proposal
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Proposal:

City of Seal Beach
Consulting Assistance for Implementation of
Tyler' s EnerGov Civic Services Software
Angelica Zarco
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Page 1 ends

SCOPE OF WORK
Provide continued Implementation support of Tyler' s, Enterprise Permitting and Lisencing software system to include the following:

Configuration/ Business Process Integration
Workflow Development
Fee Schedule/ Structure configuration
System Reports Development Coordination ( Forms/ Documents/ Reports) GIS Coordination
Testing
Data mapping guidance for data migration
Develop Standard Operating Procedures ( SOP' s)
Develop Training materials
Conduct Staff training
Ticket creation to report system issues. monitoring and follow through to resolution Conduct one- on- one and/ or group sessions with City staff Remote support services via phone/ video conference
On- site project management/ support services— To be scheduled and agreed upon between City and HSIS Electronic Plan Review Implementation/ integration
Develop Process/ Project Action Team' s to accomplish project goals Optional Services
Attend bi- weekly team meeting( s) via phone/ video conference SQL/ Cognos/ Crystal Report Writer services
O Coordinate temporary services to be directly contracted by City GIS Consultant
Coordinate temporary services to be directly contracted by City

Page 3 ends

Holistic System Integration Solutions Experience

Review, analysis, coordination, testing and implementation of a new GIS module to their existing land management system.

Review, analysis, coordination and validation of the City' s, County and Fire GIS data and migration into existing land management system.

Developed Standard Operating Procedures for City Staff use at implementation.

Developed roadmap and made recommendations to implement electronic plan review.

Developed reporting methods for Clean Oceans Annual Jurisdictional Runoff report and Park Ranger program.

Provided configuration and system support services:

Conducted business process and workflow analysis, made recommendations for streamlining and standardizing opportunities and configured in system.

Conducted analysis of TRAKiT system for configuration needs, accuracy and made configuration adjustments in accordance with desired workflows and business processes.

Conducted data migration analysis and developed streamlined methods for mapping and migration to new system.

Conducted GIS analysis and made recommendations for effective system implementation Developed SOPs and conducted training to staff in all modules Implemented mobile inspection platform and conducted training for inspection staff Made recommendations for system preparedness and roll- out to public

Page 5 ends

Angelica Zarco - Project Manager/ President, Holistic SIS Business Process Review. Workflow Development, Streamlining and Standardizing for Improved Business Continuity, Configuration, SOP Development & Training
Certifications
Intermediate Project Management- Microsoft Project: Lean Six Sigma— Lean Management
Angelica has 14 years of municipal government experience with 10+ years directly related to Community Development. She was also employed as a Project Manager for 3 years with a major Southern California land development company where she managed large- scale tract home development projects. Her experience in both public and private land development sectors has granted her a unique perspective to the land management software implementation and integration process. She is able to utilize her knowledge and experience from behind both sides of the counter to accurately. efficiently and effectively interpret and deploy land management systems based on the critical business needs of cities and customers alike. Angelica was responsible for the successful implementation of the City of La Quinta' s Design and Development Department' s land management system. which included Permit, Project, Business License, AEC and GIS modules. She also implemented electronic plan review, mobile inspection and the eTRAKiT online platform which consisted of 82 land development application types. Angelica developed methods to successfully measure key performance indicators for business process and system performance. The implementation process included:

Establishing comprehensive strategic plans for implementation / integration of the Department' s software system and various project initiatives including protect budgets and schedule development adherence.

Managing, assigning, and directing activities of various Project Action Teams( PAT' s) Developing, configuring, and implementing the City' s TRAKiT software system Conducting stakeholder workshops for eTRAKiT online permitting software.

Working with City Staff to understand their business processes, developing process workflows, and identifying process improvement opportunities prior to their integration into TRAKiT.

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EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

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

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

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

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

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

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

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Page 1 ends

August 22, 2024
Alexa Smittle
Community Development Director
City of Seal Beach, California
asmittle@sealbeachca. gov
RE: Consulting services for post- implementation support of Tyler' s EnerGov, Community Development Software System
Dear Ms. Smittle,
Holistic System Integration Solutions is pleased to submit this proposal to the City of Seal Beach Community Development Department, to provide post- implementation support of Tyler' s, EnerGov Civic Services Software.

The City of Seal Beach implemented Tyler' s Enterprise, Permitting and Licensing software system.

Implementation of the software is aligned with the City Council' s strategic objective for Community Development to improve business processes. The City of Seal Beach desires to receive postimplementation support of their Community Development software system through the end of September, 2024.

Sincerely,
Holistic System Integration Solutions
Angelica Zarco
President/ CEO

Page 2 ends

SCOPE OF WORK
Provide continued Implementation support of Tyler' s, Enterprise Permitting and Lisencing software system to include the following:

Configuration/ Business Process Integration
Workflow Development
Fee Schedule/ Structure configuration
System Reports Development Coordination ( Forms/ Documents/ Reports) GIS Coordination
Testing
Data mapping guidance for data migration
Develop Standard Operating Procedures ( SOP' s)
Develop Training materials
Conduct Staff training
Ticket creation to report system issues. monitoring and follow through to resolution Conduct one- on- one and/ or group sessions with City staff Remote support services via phone/ video conference
On- site project management/ support services— To be scheduled and agreed upon between City and HSIS Electronic Plan Review Implementation/ integration
Develop Process/ Project Action Team' s to accomplish project goals Optional Services
Attend bi- weekly team meeting( s) via phone/ video conference SQL/ Cognos/ Crystal Report Writer services
c Coordinate temporary services to be directly contracted by City GIS Consultant
Coordinate temporary services to be directly contracted by City

Page 3 ends

QUALIFICATIONS

HOLISTIC SYSTEM INTEGRATION SOLUTIONS

OUR PURPOSE
Based in Riverside County, Holistic System Integration
Solutions is dedicated to providing smart holistic solutions for PEOPLE
software implementation and process integration.

Holistic' s in- depth understanding of land management systems. comprehensive knowledge of municipal land development
processes and proven system implementation/ integration cut 1', PF experience, paired with our client' s desires to achieve future system goals and capitalize on their investment while delivering exceptional customer service, ensures seamless and streamlined collaborations. TECHNOLOGY
Holistic has developed streamlined solutions that utilize a holistic approach to system design and integration by balancing four major elements that are key to successful system implementation— People, Culture, Process. and Technology.

This approach delivers system integration on a global scale while taking- into- account and minimizing adverse impacts to the organization.

EXECUTION STRATEGY
Our success is attributed to an execution strategy that incorporates the Lean Six Sigma, DMAIC ( Define, Measure, Analyze. Improve. Control) method to software implementation/ integration. The DMAIC approach allows them to continually identify and apply improvements to business processes through software system design that result in enhanced system performance.

SERVICES PROVIDED ( all of which may be provided remotely) RFP Development Develop Training Materials and Conduct Staff Training Software System Implementation ( New or Upgrade) Vendor issue creation to report system issues. monitoring Software Configuration/ Integration
and follow through to resolution
Workflow Development, Design and Automation
Conduct one- on- one and/ or group sessions with staff
Fee Schedule/ Structure Calculations
Remote support services via phone/ video conference
System Reports Development Coordination •
On- site and/ or remote project management/ support
services
Forms/ Documents/ Reports)
GIS Implementation Coordination
Electronic plan review software Implementation/ integration System Testing
Develop Process/ Project Action Team' s to achieve project goals
Streamlined Strategies for Data Mapping/ Migration
Develop performance metrics and key performance
Develop Standard Operating Procedures( SOP' s) indicators( KPI' s) for increased productivity

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Holistic System Integration Solutions Experience

CITY OF SAN CLEMENTE
The City of San Clemente' s Information Technology Division utilized Holistic System Integration Solutions to supplement their efforts during a staff transitional period and implementation/integration of a new GIS module. Holistic' s ability to provide uninterrupted services while implementing a complex GIS module to their existing land management system resulted in a successful partnership. Services provided to the City included the following:

Review, analysis, coordination. testing and implementation of a new GIS module to their existing land management system.

Review, analysis, coordination and validation of the City' s. County and Fire GIS data and migration into existing land management system.

Developed Standard Operating Procedures for City Staff use at implementation.

Developed roadmap and made recommendations to implement electronic plan review.

Developed reporting methods for Clean Oceans Annual Jurisdictional Runoff report and Park Ranger program.

Provided configuration and system support services:

Conducted analysis of project timeline and task evaluation, identified critical stops and developed plan of action to accomplish scheduled tasks for successful Go- live.

Conducted business process and workflow analysis, made recommendations for streamlining and standardizing opportunities and configured in system.

Conducted analysis of TRAKiT system for configuration needs, accuracy and made configuration adjustments in accordance with desired workflows and business processes.

Conducted data migration analysis and developed streamlined methods for mapping and migration to new system.

Page 5 ends

CITY OF COACHELLA
Holistic conducted an in- depth System Needs Analysis of the City of Coachella' s existing land management software system ( Eden) and processes surrounding their land development activities which included impacts to water& sewer Utilities and Environmental Compliance Departments. The analysis provided them with the ability to measure existing software system capabilities against newer, more sophisticated systems and identified process improvement/ streamlining opportunities which will allow them to make informed decisions about future procurement of a new software system.

Services provided to the City included the following:

Conducted comprehensive system needs analysis of various systems used, including the City' s existing Eden land management system. and evaluated based on capability, efficiency and accessibility in comparison with newer land management systems available in today' s market.

Conducted comprehensive business process review of land development activities and made recommendations for standardizing and streamlining opportunities.

Coordinated software vendor demonstrations and prepared system cost comparison.

Provided the City with a menu of short-term, mid- term and long-term next steps and made recommendations for actionable goals based on priority.

Provided roadmap for actionable items with realistic timelines for execution.

CITY OF LA QUINTA
The City of La Quinta sought to implement an on- line land management system for the Design & Development Department. Angelica Zarco ( Systems Integration Manager). spearheaded implementation of the City' s new land management software system, TRAKiT. which included strategic planning, streamlining. standardizing, implementation and integration of processes and systems for the Design and Development Department.

Responsibilities included the following:

Development, configuration and implementation of the City' s software system ( TRAKiT) utilized for all development related, business license and Short-Term Vacation Rental application, review, processing and payment activities for both over the counter and online functionality.

Implemented the City' s online, electronic plan review, GIS and mobile inspection platforms.

Engaged with City Staff to understand complex business processes, developed workflows. identified process improvements, streamlining opportunities, standardized business processes and integrated with relative software.

Developed Standard Operating Procedures and User Guides and conducted training for all modules.

Oversaw the City' s Short- Term Vacation Rental Program which involved revamping the marketing and branding of the program.

Development of complex key performance indicators to measure business and system performance.

Page 6 ends

Managing. assigning. and directing activities of various Project Action Teams ( PAT' s).

Developing, configuring, and implementing the City' s TRAKiT software system Conducting stakeholder workshops for eTRAKiT online permitting software.

Working with City Staff to understand their business processes. developing process workflows, and identifying process improvement opportunities prior to their integration into TRAKiT.

Developing and implementing standard operating procedures ( SOPs) and user manuals. as well as City policies and best management practices ( BMP' s) Conducting effective staff training utilizing SOP' s and effective training materials

Page 7 ends

References
Agency Contact Phone Number Email Address
Holistic References
City of Medford, Oregon Barbara Madruga,
Technology& Innovation Director
541. 774. 2064 blmadruga© cityofmedford. org
City of San Clemente, Brian Brower,
California Information Technology Manager 949. 361. 8259 browerb@san- clemente. org Fee Information
Cost of Services/ Hour Price Total Project Cost
Holistic— 40 hours 125/ hour 5, 000
TOTAL CONTRACT AMOUNT 5, 000

Page 8 ends

Agenda Item D

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim 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 7637:

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

2. Authorizing the Interim City Manager, or their 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 $663,738 of additional gas tax funds in FY 2025-2026.

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-3 [Annual] Arterial Street Resurfacing Program (Westminster Avenue to North Gate Road)
• O-ST-3 [Annual] Arterial Street Resurfacing Program (Westminster Avenue to Pacific Coast Highway and 405 to Bradbury Road)
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-3 (Westminster Avenue to North Gate Road) has been advertised, awarded, and is scheduled to be completed in Spring 2025. Additionally, the City is actively pursuing a grant for the O-ST-3 (Westminster Avenue to Pacific Coast Highway and 405 to Bradbury Road) project. Together, these projects will rehabilitate Seal Beach Boulevard and are expected to extend the pavement useful life by approximately 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, 2025. 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:

Any budget revenues will be included in the Fiscal Year 25-26 budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 4 ends

RECOMMENDATION:

That the City Council adopt Resolution 7637:

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

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7637
RESOLUTION 7637

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026
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 $663,738 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and,
WHEREAS, this is the nineth 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 a newly proposed project will be partially or fully funded using Road Maintenance and Rehabilitation Account revenues from FY 2025-2026:

Project
Description Location Project Schedule
Estimated
Useful Life
Annual Arterial
Streets Resurfacing
Program – arterial
roadway
rehabilitation, signing
& striping
City of Seal Beach
• Seal Beach
Boulevard (405 to
Bradbury Road &
Westminster
Avenue to Pacific
Coast Highway)
Start:

Fall 2026
Complete:

Spring 2027
15 years
SECTION 3. The following previously proposed and adopted project may also utilize Fiscal Year 2025-2026 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Fall 2024
Complete:

Spring 2025
15 years
SECTION 3. The Interim City Manager, or his 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 12th day of May 2025 by the following vote:

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

Lisa Landau, 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 7637 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of May 2025.

Gloria D. Harper, City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, Interim City Manager
SUBJECT: Approve Second Amendment to the West Cities
Communications Center (West-Comm) Joint Powers
Authority (JPA) Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7638:

1. Approving the Second Amendment to the West Cities Communications Center (West-Comm) Joint Powers Authority Agreement; and,

2. Authorizing the Interim City Manager to execute the Second Amendment to the West-Comm Joint Powers Authority Agreement.

BACKGROUND AND ANALYSIS:

The City of Seal Beach is a member of the West Cities Communications Center (West-Comm), a Joint Powers Authority (JPA) that includes the Cities of Cypress and Los Alamitos. West-Comm provides essential police dispatch services to its member agencies and operates as a small, stable organization with a consistent and predictable budget.

At the West-Comm Board of Directors meeting on March 12, 2025, the WestComm Board of Directors unanimously approved a proposed Second Amendment (Amendment) to the JPA Agreement (Agreement).

The Amendment allows West-Comm an option to operate under a one-year or twoyear budget cycle. This added flexibility allows West-Comm to better align its financial planning with that of its member cities and enhance long-term forecasting.

The Amendment also preserves the flexibility for the West-Comm Board to revert to a one-year budget cycle in the future if deemed necessary.

If all member cities approve the proposed Amendment, West-Comm will transition to a two-year budget cycle beginning with Fiscal Year 2025–2026 and Fiscal Year 2026–2027. This shift is expected to improve administrative efficiency and streamline the annual budgeting process for both West-Comm and its member cities.

Page 2 ends

The Amendment also includes updating language within the Agreement to accurately reflect the current title of the position responsible for leading the WestComm organization.

City Council approval by all three member cities is required to implement the proposed changes.

STRATEGIC PLAN:

This item is not applicable to the strategic plan.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report and approved it as to form.

FINANCIAL IMPACT:

There is no financial impact associated with this action.

RECOMMENDATION:

That the City Council adopt Resolution 7638:

1. Approving Second Amendment to the West Cities Communications (WestComm) Center Joint Powers Authority Agreement; and,

2. Authorizing the Interim City Manager to execute the Second Amendment to the West-Comm Joint Powers Authority Agreement.

SUBMITTED BY, NOTED, AND APPROVED:

Patrick Gallegos
Patrick Gallegos, Interim City Manager
Prepared by: Jennifer Robles, Management Analyst
ATTACHMENTS:

A. Resolution 7638
B. Second Amendment to the West-Comm JPA Agreement
C. West-Comm Agreement

Page 3 ends

D. West-Comm Board of Directors Resolution 25-02
RESOLUTION 7638

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE SECOND AMENDMENT TO THE WEST

CITIES POLICE COMMUNICATIONS(WEST-COMM) JOINT

POWERS AUTHORITY AGREEMENT (JPA)
WHEREAS, the West Cities Police Communications Center (West-Comm) provides emergency call receiving and dispatching services to the Cities of Seal Beach, Cypress, and Los Alamitos ("Member Cities"); and,
WHEREAS, the Member Cities entered into the West-Comm Joint Powers Authority Agreement dated December 23, 1996 ("JPA Agreement"), which was subsequently amended by the First Amendment to the West-Comm Joint Powers Authority Agreement dated June 16, 2005 (collectively, the "JPA Agreement"); and, WHEREAS, on March 12, 2025, the Board of Directors of West-Comm unanimously approved to amend the JPA Agreement to provide greater flexibility in the West-Comm budget process by allowing the Board of Directors, at its discretion, to adopt either an annual or biennial fiscal year budget; and,
WHEREAS, the Amendment includes updating administrative language to the title of the position that leads West Comm; and,
WHEREAS, City Council approval for all member Cities is required to implement the proposed changes stipulated in the Second Amendment.

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

Section 1. Approving Second Amendment to the West Cities Communications Center Joint Powers Authority Agreement.

Section 2. Authorizing the Interim City Manager to execute the Second Amendment to the West-Comm Joint Powers Authority Agreement.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of May 2025 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7638 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th day of May 2025.

Gloria D. Harper, City Clerk
1 of 4
4899-4571-0117, v. 1
Second Amendment to
West Cities Communications Center (West-Comm)
Joint Powers Authority Agreement

1. PARTIES AND DATE.

This Second Amendment to the West Cities Communications Center Joint Powers Authority Agreement is made and entered into this 12th day of March, 2025 (“Effective Date”), by and among the cities of Cypress, Los Alamitos and Seal Beach (hereinafter collectively referred to as the “Parties”).

2. RECITALS.

2.1 The Parties entered into the West-Comm Joint Powers Authority Agreement dated December 23, 1996 (“JPA Agreement”), which was subsequently amended by the First Amendment to the West-Comm Joint Powers Authority Agreement dated June 16, 2005 (collectively, the “JPA Agreement”).

2.2 In accordance with Section 12 of the JPA Agreement, the Parties now wish to amend the JPA Agreement to provide greater flexibility in the West-Comm budget process by allowing the Board of Directors, at its discretion, to adopt either an annual or biennial fiscal year budget.

3. TERMS.

3.1 Governance – Police Communications Director. Paragraph (C) of Section 3 of the JPA Agreement is amended to read as follows (deletions shown in strikethrough; new text underlined):

C. Police Communications Director
The Administrative Oversight Staff shall appoint the Police Communications Director for the Authority. Prior to making any such appointments, the Administrative Oversight Staff shall consider any recommendations provided by the Technical Operations Committee. The Police Communications Director shall be responsible for the day-to-day operations of the Center and shall also be custodian of the property and records of the Authority.

3.2 Governance – Treasurer. Subsections (1) – (3) of Paragraph (D) of Section 3 of the JPA Agreement are amended to read as follows (deletions shown in strikethrough; new text underlined):
(1) With the approval of the Administrative Oversight Staff, create the annual budget format, accounts, and documentation pertaining thereto, which most nearly reflect the objectives of the Authority and the operation of the Center and which are consistent with standard municipal budgetary format; (2) Establish and maintain the particular funds and accounts as required by generally accepted accounting practices and which most accurately and appropriately record and report the operations of the Authority as represented by the annual budget document;
(3) Enforce strict compliance with the approved annual budget and approve only expenditures authorized therein;

3.3 Meetings of the Board of Directors – Time of Meetings. Paragraph (A) of Section 4 of the JPA Agreement is amended to read as follows (deletions shown in strikethrough; new text underlined):

A. Time of Meetings
The Board of Directors shall meet at least once twice annually, once to approve and adopt the budget and once in mid year to review budget compliance and address any adjustment recommendations. The Board may provide for additional meetings as may be needed depending upon the pressure of business or as may reasonably be requested by any Board Member. The date and hour of any regular meeting shall be scheduled by order of the Board. The location for the conduct of meetings shall be the Westcomm Center, unless otherwise specified in the meeting notice.

3.4 Fiscal Year, Annual Budget/Financing and Assessments. Section 6 of the JPA Agreement is amended to read as follows (deletions shown in strikethrough; new text underlined):

Section 6. Fiscal Year, Annual or Biennial Budget/Financing and Assessments.

A. Fiscal Year
The Authority's fiscal year shall be the twelve-month period commencing each July 1, except if the effective date of this Agreement is other than July 1, the first fiscal year shall be the short year commencing the effective date and ending the following June

30. 3 of 4
4899-4571-0117, v. 1
B. Annual or Biennial Budget
(1) The Authority shall operate only under a fiscal year budget approved and adopted either annually or biennially by the Board of Directors at its discretion as set forth in this Section. The Authority may not operate at a deficit. The Parties shall pay for the entire operation of the Authority, with the annual expenditure budget determining the total amount of assessments required.
(2) The total annual assessment shall be divided among the Parties as follows: The City of Seal Beach shall pay 30.3%, the City of Cypress shall pay 45.3% and the City of Los Alamitos shall pay 24.4% of the entire operating and capital cost of the Authority.
(3) Each annual or biennial operating budget shall be approved and adopted by majority vote of the Board of Directors of the Authority.

C. Budget Elements
The Board of Directors, in adopting an annual or biennial budget, thereby fixes the assessment against the Parties which shall be binding on each of them. The budget shall include, but is not limited to, the following components:”
[no further changes to paragraph (C)]
D. Assessments
Upon adoption of the fiscal year budget by the Board of Directors, and the forwarding thereof to the governing bodies of the Parties by the Police Communications Director, the assessments fixed therein are automatically due and payable without further notice as follows:
[no further changes to paragraph (D)]
E. Budget Authority of Police Communications Director
The Police Communications Director for the Authority shall have the authority to fully implement the approved budget. However, the Police Communications Director may not exceed the
personnel staffing authorized in the budget, either in number, position, or classification or salary. In addition, the Police Communications Director may not alter the capital budget, utilize 4 of 4
4899-4571-0117, v. 1
the reserve contingency, or increase the total amount of the approved expenditure budget without the approval of the Board of Directors. Transfer between expenditure categories must be approved by the Administrative Oversight Staff or its authorized designee.

3.5 Force and Effect. Except as modified by this Second Amendment, all provisions of the JPA Agreement shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment.

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed and attested by their duly authorized officers, and their official seals to be hereto affixed, as of the Effective Date first written above.

CITY OF CYPRESS
By: ________________________
David Burke, Mayor
Attest:

By: ________________________
Alisha Farnell, City Clerk
Approved as to form:

By: ________________________
Fred Galante, City Attorney

CITY OF LOS ALAMITOS
By: ________________________
Shelly Hasselbrink, Mayor
Attest:

By: ________________________
Windmera Quintanar, City Clerk
Approved as to form:

By: ________________________
Michael S. Daudt, City Attorney

CITY OF SEAL BEACH
By: ________________________
Lisa Landau, Mayor
Attest:

By: ________________________
Gloria Harper, City Clerk
Approved as to form:

By: ________________________
Nicholas Ghirelli, City Attorney
4924-3443-5109, v. 1

WESTCOMM JOINT POWERS AUTHORITY AGREEMENT

BETWEEN
THE CITY OF CYPRESS;
THE CITY OF LOS ALAMITOS; and

THE CITY OF SEAL BEACH
Dated as of December 23, 1996
and as modified by
that certain First Amendment dated as of June 16, 2005, and that certain Second Amendment dated as of March 12, 2025 4924-3443-5109, v. 1
1 | Page

WESTCOMM JOINT POWERS AUTHORITY AGREEMENT

BETWEEN
THE CITY OF CYPRESS;
THE CITY OF LOS ALAMITOS; and

THE CITY OF SEAL BEACH

TABLE OF CONTENTS
Page
Section 1. Purpose....................................................................................................................................1 Section 2. Creation of Authority............................................................................................................ 2 Section 3. Governance............................................................................................................................. 2 A. Board of Directors............................................................................................................... 2 B. Administrative Oversight Staff............................................................................................2 C. Police Communications Director.........................................................................................2 D. Treasurer..............................................................................................................................3 E. General Counsel...................................................................................................................4 F. Auditor and Depositary........................................................................................................4 G. Technical Operations Committee........................................................................................ 4 Section 4. Meetings of the Board of Directors...................................................................................... 4 A. Time of Meetings.................................................................................................................4 B. Minutes................................................................................................................................ 4 C. Quorum................................................................................................................................5 D. Conflict of Interest Code.....................................................................................................5 E. Brown Act............................................................................................................................5 Section 5. Powers and Duties of the Authority.......................................................................................5 Section 6. Fiscal Year, Annual or Biennial Budget/Financing and Assessments...............................6 A. Fiscal Year...........................................................................................................................6 B. Annual or Biennial Budget.................................................................................................. 6 C. Budget Elements..................................................................................................................6 4924-3443-5109, v. 1
2 | Page
D. Assessments.........................................................................................................................7 E. Budget Authority of Police Communications Director....................................................... 7 Section 7. Term of Agreement................................................................................................................8 Section 8. Liability, Indemnity, and Insurance.....................................................................................8 A. Liabilities............................................................................................................................. 8 B. Several Liability...................................................................................................................8 C. Indemnification and Insurance............................................................................................ 8 Section 9. Termination, Withdrawal................................................................................................... 10 A. Termination........................................................................................................................10 B. Withdrawal........................................................................................................................ 10 C. Legal Redress.....................................................................................................................10 Section 10. Dissolution........................................................................................................................ 10 Section 11. Disposition of Assets........................................................................................................ 10 A. Process............................................................................................................................... 10 B. Asset Ownership................................................................................................................11 C. Debt Obligation................................................................................................................. 11 Section 12. Amendment to Agreement..............................................................................................11 Section 13. Additional Parties to Agreement....................................................................................12 Section 14. Miscellaneous...................................................................................................................12 A. Bonding..............................................................................................................................12 B. Notice of Creation..............................................................................................................12 C. Dispatch Service to Other Agencies.................................................................................. 12 Section 15. Severability......................................................................................................................12 Section 16. Successors........................................................................................................................ 13 4924-3443-5109, v. 1
1 | Page
WEST CITIES COMMUNICATIONS CENTER (Westcomm)

JOINT POWERS AUTHORITY AGREEMENT
In order to establish, operate and maintain a public safety communications center for the Cities of Cypress, Los Alamitos, and Seal Beach, the parties agree to the following:

This Agreement, effective December 23, 1996, by and among the Cities of Cypress, Los Alamitos, and Seal Beach (hereinafter referred to collectively as "Parties" and individually as "Party") is entered into pursuant to the provisions of Title I, Division 7, Chapter 5, Article I (Sections 6500, et seq.) of the California Government Code, (hereinafter the "Act"), relating to joint exercise of powers, for the purpose of operating a public safety communications center.

WITNESSETH
WHEREAS, the Parties are each empowered by law to construct, equip, staff, maintain, operate public buildings and related facilities for the purposes of public safety communications; and,
WHEREAS, the Parties desire to acquire, equip, staff, and operate a West Orange County public safety communications center (hereinafter referred to as "Center") and to provide a structure for the accomplishment thereof; and,
WHEREAS, the Parties desire to accomplish the aforesaid purpose of jointly exercising their common powers in the manner set-forth in this Agreement.

NOW, THEREFORE, the Parties, for and in consideration of the mutual benefits, promises, and agreements set forth herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, agree as follows:

Section 1. Purpose.

The purpose of this Agreement is to establish and operate the Center by equipping, maintaining, operating, and staffing a single site facility which provides emergency call receiving and dispatching services to the Parties. The Center may also provide services on a contractual basis to other governmental entities and may amend the Agreement to add additional parties.

The intention of the parties in the creation of the Authority is to share communications obligations and responsibilities and to accordingly save the Parties some of the individual expense of such obligations and responsibilities. In furtherance of that goal, the Parties intend to utilize the personnel and resources of the Parties to provide financial, legal, personnel, risk management and other services and functions to the Authority on a basis which is acceptable to all of the Parties.
4924-3443-5109, v. 1
2 | Page
Section 2. Creation of Authority.

Pursuant to Section 6506 of the Act, there is hereby created a public entity, separate and apart from the individual Parties, to be known as the "West Cities Communications Center Joint Powers Authority," hereinafter referred to as the "Authority," for the purpose of operating the West Communications Center.

Section 3. Governance.

A. Board of Directors
The Board of Directors, comprised of three (3) elected officials, one designated by each Party, shall establish policy for the Authority and shall exercise the responsibilities and powers set forth in State law. It shall also have the budget duties set forth in Section 6.B. hereof. The powers of the Board of Directors shall include decisions to acquire, hold, lease, or dispose of real property, to incur debt not included in the annual operating budget, to amend this Agreement and to provide communications services to non-Party entities, public or private.

B. Administrative Oversight Staff
The Authority shall be managed by an Administrative Oversight Staff of three (3) persons. The Administrative Oversight Staff shall be composed of the City Manager of each City. The Administrative Oversight Staff shall recommend policy, and shall exercise appropriate management powers.

C. Police Communications Director
The Administrative Oversight Staff shall appoint the Police Communications Director for the Authority. Prior to making any such appointments, the Administrative Oversight Staff shall consider any recommendations provided by the Technical Operations Committee. The Police Communications Director shall be responsible for the day to day operations of the Center and shall also be custodian of the property and records of the Authority.

To the extent authorized by the Administrative Oversight Staff, the Police Communications Director is authorized to act on behalf of the Administrative Oversight Staff and Technical Operations Committee in all matters of personnel administration, given the positions and funding authorized by the Board of Directors in the Authority's approved budget. This includes, but is not limited to, hiring, supervisory direction, performance evaluations, disciplinary actions, and terminations.
4924-3443-5109, v. 1
3 | Page
D. Treasurer
The Board of Directors shall appoint the Treasurer of the Authority who shall also be the Treasurer of one of the Parties. The Treasurer shall attend the meetings of the Board of Directors and advise the Board in connection with any accounting, budgetary, monetary, or other financial matters relating to the Authority. The duties and responsibilities of the Treasurer include, but are not limited to, those set forth in California Government Code Sections 6505, 6505.5, and 6509.5 and shall include the following:
(1) With the approval of the Administrative Oversight Staff, create the budget format, accounts, and documentation pertaining thereto, which most nearly reflect the objectives of the Authority and the operation of the Center and which are consistent with standard municipal budgetary format; (2) Establish and maintain the particular funds and accounts as required by generally accepted accounting practices and which most accurately and appropriately record and report the operations of the Authority as represented by the budget document;
(3) Enforce strict compliance with the approved budget and approve only expenditures authorized therein;
(4) Ensure that all available cash on hand is at all times fully invested in a cash management program and investment portfolio pertaining thereto which is consistent with the practices of the City providing the finance services to the Authority; and to further ensure that sufficient liquidity is maintained to meet the Authority's cash disbursement needs;
(5) Furnish monthly revenue, expenditure, and funds status reports to the Police Communications Director and the Administrative Oversight Staff; (6) Maintain an inventory of all property of the Authority; (7) Make all books and records of the Authority in his/her hands open to inspection at all reasonable times to Board Members; and (8) Make a report on, at least a quarterly basis, the amount of money held for the Authority and the amount of receipts and expenses since the last report. Such report shall be verified and provided to the Police Communications Director, the Administrative Oversight Staff, the Board of Directors, and all Parties to this Agreement.
4924-3443-5109, v. 1
4 | Page
E. General Counsel
The Board of Directors shall engage the services of one of the Parties' City Attorney as the General Counsel for the Authority. The Authority General Counsel shall be responsible for providing all legal services to the Authority.

F. Auditor and Depositary
The Treasurer of one of the Parties shall be the depositary and have custody of the money of the Authority. In the event the Authority ceases to employ one of the Parties' Treasurer, the Board of Directors shall appoint a qualified person or firm to act as the independent auditor for the Authority. In such event, the Board of Directors shall also appoint a depositary for the Authority's money. The Authority's Auditor shall perform such functions as may be required by this Agreement, the Bylaws, the direction of the Administrative Oversight Staff, or other applicable laws. The Authority's Auditor shall specifically be responsible for ensuring that the Authority's filing requirements with each party pursuant to Government Code Section 6505 are completed.

G. Technical Operations Committee
The Technical Operations Committee shall be composed of the Police Chief from each City, and shall oversee the Police Communications Director’s day to day operations of the JPA, through oversight, direction, and assistance. The Technical Operations Committee shall make recommendations to the Administrative Oversight Staff whenever directed regarding the Administrative Oversight Staff’s duties.

Section 4. Meetings of the Board of Directors.

A. Time of Meetings
The Board of Directors shall meet at least once annually. The Board may provide for additional meetings as may be needed depending upon the pressure of business or as may reasonably be requested by any Board Member. The date and hour of any regular meeting shall be scheduled by order of the Board. The location for the conduct of meetings shall be Westcomm Center, unless otherwise specified in the meeting notice.

B. Minutes
The Police Communications Director shall keep minutes of regular, adjourned and special meetings. As soon as possible after each meeting, a copy of the minutes shall be provided to each of the Parties.
4924-3443-5109, v. 1
5 | Page
C. Quorum
A majority of the Board of Directors shall constitute a quorum for the transaction of business, except that a lesser number may adjourn for lack of a quorum.

D. Conflict of Interest Code
Pursuant to the provisions of the Political Reform Act, the Board of Directors shall cause to be prepared a Conflict of Interest Code which shall be adopted by the Board and filed and amended as required by State law.

E. Brown Act
All meetings of the Board of Directors shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Section 54950 a seq).

Section 5. Powers and Duties of the Authority.

The Authority shall have the powers common to the Parties as set forth in the recitals of this Agreement and the Authority is authorized in its own name to perform all acts necessary for the exercise of common powers, including, but not limited to, any and all of the following:

1. To make and enter into contracts;

2. To employ agents and employees;

3. To acquire, construct, manage, maintain, and operate any buildings, works, or improvements;

4. To acquire, hold, lease, or dispose of property;

5. To incur debts, liabilities, or obligations;

6. To receive gifts, contributions, and donations of property and funds, services, and other forms of financial assistance, from persons, firms, and corporations and any governmental entity;

7. To rent or lease communications services to non-public agencies; and

8. To sue and be sued in its own name.
4924-3443-5109, v. 1
6 | Page
Section 6. Fiscal Year, Annual or Biennial Budget/Financing and Assessments.

A. Fiscal Year
The Authority's fiscal year shall be the twelve month period commencing each July 1 and ending the following June 30.

B. Annual or Biennial Budget
(1) The Authority shall operate only under a fiscal year budget approved and adopted either annually or biennially by the Board of Directors at its discretion as set forth in this Section. The Authority may not operate at a deficit. The Parties shall pay for the entire operation of the Authority, with the annual expenditure budget determining the total amount of assessments required.
(2) The total annual assessment shall be divided among the Parties as follows:

The City of Seal Beach shall pay 30.3%, the City of Cypress shall pay 45.3% and the City of Los Alamitos shall pay 24.4% of the entire operating and capital cost of the Authority.
(3) Each annual or biennial operating budget shall be approved and adopted by majority vote of the Board of Directors of the Authority.

C. Budget Elements
The Board of Directors, in adopting an annual or biennial budget, thereby fixes the assessment against the Parties which shall be binding on each of them. The budget shall include, but is not limited to, the following components:
(1) Operation and Maintenance Expenses
The costs of operating and maintaining a facility and the communications/computer equipment housed therein shall include, but is not limited to, personnel salaries and benefits, office and computer supplies and other consumables, payments to lease a facility, and replacement parts necessary to repair Facility equipment due to normal wear and tear from ordinary usage.
(2) Capital Expenditures
Capital expenditures shall include the costs of original purchase of communications and computer equipment, hardware, software, and other fixed asset items typically having a useful life of more than one (1) year, including equipment improvements and additions, as opposed to replacement parts from ordinary maintenance during the useful life of the capital items. All costs 4924-3443-5109, v. 1
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associated with such purchase, such as installation, shall be capitalized Replacement of equipment at the end of its useful life shall be a capital item.

Capital expenditures shall be shared by the Parties in conformance with the costs formula as established under Section 6.B.2 of this Agreement, except capital expenditures which are incurred for and which are unique to a minority of the Parties, in which case such minority shall share the expense equally.

D. Assessments
Upon adoption of the budget by the Board of Directors, and the forwarding thereof to the governing bodies of the Parties by the Police Communications Director, the assessments fixed therein are automatically due and payable without further notice as follows:

July 15: 35% of total assessment
October 15: 25% of total assessment
January 15: 25% of total assessment
April 15: 15% of total assessment
The Board of Directors may set a different payment schedule to accommodate capital, if sufficient monies would not otherwise be on hand for such purchases.

A five percent (5%) late charge shall be imposed upon assessment payments not received by the Authority within thirty (30) calendar days following the scheduled dates for payment. An additional five percent (5%) shall be imposed if payment is not received within an additional thirty (30) calendar days. If an assessment, including late charges, is not paid in full within seventy-five (75) calendar days following any scheduled due date, the Party shall be in default and subject to immediate and automatic termination as a Party in accordance with Section 10 of this Agreement.

E. Budget Authority of Police Communications Director
The Police Communications Director for the Authority shall have the authority to fully implement the approved budget. However, the Police Communications Director may not exceed the personnel staffing authorized in the budget, either in number, position, or classification or salary In addition, the Police Communications Director may not alter the capital budget, utilize the reserve contingency, or increase the total amount of the approved expenditure budget without the approval of the Board of Directors. Transfer between expenditure categories must be approved by the Administrative Oversight Staff or its authorized designee.
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Section 7. Term of Agreement.

This Agreement shall become effective as of the date hereof and shall be binding upon all parties hereto until the close of five (5) full fiscal years following said effective date, and shall thereafter continue in full force and effect from year to year.

Section 8. Liability, Indemnity, and Insurance.

A. Liabilities
Except as otherwise provided herein, the debts, liabilities, and obligations of the Authority shall be the debts, liabilities, or obligations of the Authority alone and not of the Parties of this Agreement.

B. Several Liability
Each Party's responsibility for the debts, liabilities, and obligations of the Authority shall be strictly several, and not joint and several, and nothing herein shall be construed as creating any type of partnership, joint venture, association, or trust between the Parties. The debts, liabilities, and obligations of the Authority shall be the debts, liabilities, or obligations of the Authority alone and not of Parties, unless expressly specified herein.

C. Indemnification and Insurance
(1) From and after the effective date of this Agreement, the Authority shall fully indemnify, defend, protect, and hold harmless each Party and their respective officers, employees, agents, and representatives ("Party" hereinafter) with respect to any loss, damage, injury, claim, demand, action, litigation, or liability and all expenses and costs relating thereto (including actual attorneys' fees) arising out of or in any way related to (a) the performance of this Agreement; (b) any contract or agreement assumed by or otherwise transferred to the Authority; and (c) any asset transferred to and accepted by the Authority, including but not limited to real property, personal property, equipment and apparatus. It is also understood and agreed that, pursuant to California Government Code Section 895.4, the Authority shall fully indemnify, defend, protect, and hold harmless each Party from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of the Authority. In the event that, notwithstanding Government Code Section 6508.1 and this subsection (1), the Parties are found jointly and severally liable for any negligent or wrongful act or omission committed by the Authority in the performance of this Agreement pursuant to Section 895.2 of the Government Code, which imposes certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined in Section 895 of said Code, or in the event the Authority's liability exceeds its insurance coverage, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 859.6 of said Code, allocate said Party's 4924-3443-5109, v. 1
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responsibility for that liability in accordance with the formula set forth in Subsection B(2) of Section 6 herein.
(2) From and after the effective date, the Authority shall maintain during the term of this Agreement, Workers compensation insurance as required by law and, in addition, general comprehensive liability insurance in the minimum limit of $10,000,000 combined single limit per occurrence and annual aggregate. Each of the Parties' members shall be named as an insured on the general comprehensive liability policy. Alternatively, the Authority may self-insure, subject to the approval of the Parties. Prior to the Effective Date, the Authority shall provide each of the Parties with certificates of insurance or proof of self-insurance evidencing the coverage.

Such insurance is a condition precedent to performance under this Agreement, and until the Authority obtains insurance as provided for in this Paragraph, performance under this Agreement is excused and no Party shall have any right against any other member in equity or law. " (3) Each Party hereto agrees to fully indemnify, defend, protect, and hold harmless the Authority and the other parties and their respective officers, employees, agents, and representatives from any liability for damages, actual or alleged, to persons or property arising out of or resulting from negligent or wrongful acts or omissions of that Party. It is also understood and agreed that, pursuant to Government Code Section 895.4, each Party shall fully indemnify, defend, protect and hold harmless the Authority and the other parties and their respective officers, employees, agents, and representatives from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any negligent or wrongful acts or omissions on the part of that Party. In the event liability arises out of or results from negligent or wrongful acts or omissions of two or more of the Parties, those Parties will assume the full liability imposed respectively upon them or any of their officers, employees, agents, and representatives by law to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purposes, each Party indemnifies and holds harmless the other parties for any cost or expense that may be imposed upon such other parties solely by virtue of said Section 895.2.
(4) The Parties agree that no immunity available to the Parties under state or federal law or regulation shall be waived with respect to any third party claim.
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Section 9. Termination, Withdrawal.

A. Termination
Each Party shall remain a Party to this Agreement and share in the costs of start up and operation of the Facility for the term of this Agreement. If, in the interim, a Party defaults on payment of any assessment as defined in Section 6, or otherwise breaches this Agreement, such Party shall be automatically terminated as a Party to this Agreement. The terminated Party remains liable for the defaulted payment and late charges for the balance of the year's assessment, and for assessments for years remaining in the minimum five (5) year term of agreed participation. Such subsequent assessments will be determined as if the terminated Party were still a Party to the Agreement; the assessment will be due and payable in full on the first day of the fiscal year for which it is levied.

After expiration of the five (5) full year of participation, any Party defaulting on payment shall be automatically terminated as a Party to this Agreement and shall be liable for any defaulted payments and late charges.

B. Withdrawal
A Party may withdraw as a Party to this Agreement without penalty provided the effective date of the withdrawal shall not be sooner than the close of the initial five year term of this Agreement and provided the withdrawing party has given at least two years' prior written notice of withdrawal to the Authority. A withdrawing Party shall perform all obligations required by this Agreement until the noticed date of withdrawal.

C. Legal Redress
The Authority retains the right to seek legal redress, if necessary, to obtain payment on amounts due. A terminated Party which withdraws forfeits any claim to any assets of the Authority.

Section 10. Dissolution.

The Board of Directors may mutually agree to terminate this Agreement and the Authority shall thereby dissolve in accordance with applicable law. The vote of the Board of Directors to dissolve shall be unanimous. Dissolution shall only be effective upon the last day of the fiscal year, but shall in no event be effective until the requirements of Section 12 are met.

Section 11. Disposition of Assets.

A. Process
This Agreement may not be terminated or disposition of assets made to the Parties to the Agreement until the Authority reasonably exhausts all means of collecting any monies due 4924-3443-5109, v. 1
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the Authority, and identifies and satisfies all obligations and liabilities of the Authority. The Board of Directors must formally accept a final accounting prepared by the Treasurer before any final disposition of net assets may be made and termination of the Agreement consummated.

B. Asset Ownership
In the event of the withdrawal of one of the member parties to this agreement, the Authority shall distribute to the withdrawing party that party's pro rata share of the operating equipment and other liquid assets determined in proportion to the withdrawing party's relative assessment as set forth in Section 6.B.2. of this agreement. Such distribution shall be made by the Board of Directors, in the form of either a cash payment, operating equipment, or a combination thereof.

In the event of a dissolution, the assets of the Authority shall be divided among the parties in proportion to each party's respective assessment percentage as set forth in Section 6.B.2.

For purposes of this section, operating equipment shall not include the structure, radio and telephone lines or other permanent fixtures, which shall become the property of the City of Seal Beach upon any dissolution.

The value of assets for purposes of this section shall be the fair market value and such value shall be established as of the effective date of the withdrawal or dissolution.

C. Debt Obligation
If the Authority issues debt, each Party at the time of the issuance is responsible for its share of the annual debt service payment regardless of whether it has withdrawn as a Party.

Section 12. Amendment to Agreement.

This Agreement may be amended only by a unanimous vote of the Parties to the Agreement.

Any proposed amendment shall be formally directed to the Board of Directors. The Board shall then review the proposed amendment and forward it with a Board recommendation to the governing body of each Party to the Agreement. The proposal shall be accompanied by a copy of the proposed amendments to the Agreement, which shall be adopted, properly executed, and returned to the Board of Directors if the Party concurs with the amendment. The Police Communications Director shall notify each Party of the resultant action.

Section 13. Additional Parties to Agreement.

Public entities which are not Parties to this Agreement, may become Parties hereto only by amendment to this Agreement as defined in Section 12 and subject to the following terms and conditions:
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A. The Board of Directors shall determine a buy-in fee for long term fixed assets (capital expenditures) and associated debt owed by the Authority at the time of the buy-in.

B. The effective date of the amendment to this Agreement and inclusion as an additional Party shall only occur on the first day of the fiscal year. Such public agencies which become Parties hereto shall be entitled to all rights and obligations of the Authority and shall become Board Members as defined in this Agreement.

Section 14. Miscellaneous.

A. Bonding
Any officer, official, or employee of the Authority who has charge or disbursement authority over Authority funds or property shall obtain a surety bond in the amount of $100,000. The premium, if any, of any such bond shall be a lawful charge and obligation of the Authority.

B. Notice of Creation
A notice of the creation of the Authority by this Agreement shall be filed by the Authority with the Secretary of State, pursuant to Section 6503.5 of the Act.

C. Dispatch Service to Other Agencies
The Authority may provide dispatch service to public agencies not a party to this Agreement (hereinafter referred to as "User Agency" or "User Agencies" as appropriate), but only upon majority approval of the Board of Directors. Such service shall be by annual contract approved by the Board of Directors.

Section 15. Severability.

Should any part, term, portion, or provision of this Agreement, or the application thereof to any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the Parties intended to enter into in the first instance.

Section 16. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.

Agenda Item F

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Seeking City Council Approval for the Seal Beach Police Department to Purchase Ammunition for Police Rifles
Pursuant to the City’s “Military Equipment” Use Policy and State Law
________________________________________________________________ SUMMARY OF REQUEST:

That City Council adopt Resolution 7639 approving the purchase of the .223 /

5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.

BACKGROUND AND ANALYSIS:

The Seal Beach City Council adopted Ordinance 1694, approving a “military equipment” use policy, in April of 2022. This policy complies with Government Code sections 7070 through 7075 (AB 481) and requires the Police Department to obtain approval from the City Council prior to acquiring equipment that is covered by the policy.

Under these new state laws, once the City has adopted a compliant policy, law enforcement agencies are now required to first obtain approval from their respective governing body prior to funding, seeking funding for, or acquiring “military equipment.” Law enforcement agencies are not permitted to use “military equipment,” as defined in state law, unless it is permitted by the policy. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use.

Agencies are also required to attach a military equipment inventory to the policy.

As stated above, Seal Beach has adopted a policy, with the required inventory attached.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the SBPD.

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The term “military equipment”, as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

SBPD is committed to using the most up to date tools and equipment to safeguard the citizens of Seal Beach and peace officers. Many items deemed to be “military equipment” by AB 481 are employed by SBPD and law enforcement agencies across the country, to specifically reduce risk to community members and to protect peace officers with adequate weapons and supplies. Some of the items covered by the policy provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.

To that end, the ammunition that SBPD seeks approval to acquire are approved in the policy and will provide SBPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

There are no reasonable alternatives to the ammunition requested in this report.

SBPD officers are already equipped and trained with rifles. SBPD needs additional ammunition for ongoing operation, training, qualification, and reserve supplies.

The approved use and necessity for using this ammunition is described in the policy as follows:

Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers when in compliance with the SBPD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

SBPD will provide an annual update to the policy and inventory, as required by AB 481, at a future meeting.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

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FINANCIAL IMPACT:

The City of Seal Beach has been purchasing ammunition from Dooly Enterprise Inc., which is the sole source distributor for Winchester ammunition on the West Coast, for over 20 years. The purchase is exempt from bidding requirements under Seal Beach Municipal Code Section 3.20.025(B). The cost for these rounds will be:
10 Units (1,000 rounds per unit) = 10,000 total rounds Total $5,107.35 This is a budgeted item for the Police Department.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That City Council adopt Resolution 7639 approving the purchase of the .223 /

5.56mm ammunition for the Seal Beach Police Department, pursuant to the City’s “military equipment” use policy.

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Patrick Gallegos
Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager Prepared by: Michael Ezroj, Operations Bureau Captain
ATTACHMENTS:

A. Resolution 7639
B. Ordinance 1694
C. Policy 706
D. Dooley Enterprise Inc. Price Quote
RESOLUTION 7639

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE PURCHASE OF AMMUNITION PURSUANT
TO THE CITY OF SEAL BEACH’S MILITARY EQUIPMENT USE
POLICY
WHEREAS, the City Council approved a “military equipment use policy” in April 2022 by adopting Ordinance 1694, pursuant to the requirement of state law; and, WHEREAS, Ordinance 1694 requires the approval of City Council for the Seal Beach Police Department to purchase ammunitions less than .50 caliber for the department’s service rifles; and,
WHEREAS, The City Council hereby approves purchase of this ammunition which is consistent with the policy and will provide Seal Beach Police officers the proper tools for training and use if needed.

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

Section 1. The purchase of 10 units (1,000 rounds per unit) of .223 / 5.56mm ammunition by the Seal Beach Police Department is approved, pursuant to Ordinance 1694.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of May 2025 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Lisa Landau, 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 7639 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th of May 2025.

Gloria D. Harper, City Clerk

Policy
706
Seal Beach Police Department
Seal Beach PD Policy Manual
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Published with permission by Seal Beach Police Department Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
706.1.1 DEFINITION OF MILITARY EQUIPMENT
California Government Code § 7070 defines "military equipment" as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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706.2 POLICY
It is the policy of the Seal Beach Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military equipment. It is the policy of the Seal Beach Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Support Services Bureau Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all Department military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Seal Beach Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Coordinating the processing of complaints and concerns submitted pursuant to Section 706.7 of this policy.
706.4 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Military equipment shall only be used by a Department employee after the employee has received the training specified herein, any course required by the Commission on Peace Officer Standards and Training (POST), has been successfully completed, unless exigent circumstances arise.

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706.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department's inventory.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Seal Beach Police Department's funding, acquisition, or use of military equipment. This shall occur as a part of the Department's presentation to the City Council.
706.6 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Seal Beach Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer's description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on-going maintenance.

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6. The quantity of the equipment, whether maintained or sought. 706.7 COMPLIANCE
The Support Services Bureau Lieutenant will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1009 (Personnel Complaints). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Seal Beach Police Department via email at [email protected]. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Internal Affairs Division in accordance with Policy 1009. 706.8 FUNDING
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances.In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Support Services Bureau Lieutenant will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
706.9 MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of previously purchased equipment for the Seal Beach Police Department deemed to be military and militaristic as defined by this policy.

1. Unmanned Aircraft System (UAS)
A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Current Inventory:

DJI MAVIC 2 ENTERPRISE DUAL
Description: UAS that has a color and infrared camera as well as audible speaker and light.

Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time.

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Quantity: 2
Purchase Price: $5,500 each
DJI Avata
Description: First-person-view (FPV) "Cinewhoop" UAS designed to take high-quality video.

The model is smaller, lighter, more agile, and equipped with propeller guards so that it is safe to fly around people and in-door use.

Quantity: 1 (Serial Number 1581F4QWD227B0021HFY)
Purchase Price: $677.74 each
Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) major collision investigations
(b) search for missing persons
(c) natural disaster management
(d) crime scene photography
(e) SWAT, tactical or other public safety and life preservation missions (f) In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span: All UAS equipment, 3-5 years.

Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000.

Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour Department training and ongoing quarterly training.

Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Seal Beach UAS policy. It is the policy of the Seal Beach Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. 40 MM Launchers and Rounds
40MM Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.

Current Inventory:

DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Seal Beach Police Department
Seal Beach PD Policy Manual
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Description: The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.

It will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel. Serial Numbers #D36434/FW21222/FW21223.

Quantity: 1
Purchase Price: $1,000 each
DEFENSE TECHNOLOGY, EXACT IMPACT 40MM ROUND
Description: The eXact iMpact 40mm sponge round is a point-of-aim, point-of-impact directfire round. This is a lightweight, high-speed projectile consisting of a plastic body and sponge projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and therefore, has velocities that are extremely consistent. It is used for crowd control, patrol, and tactical applications. Part Number 6325.

Quantity: 41
Purchase Price: $26.50 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds must first be trained in their use by POST certified less lethal and chemical agent instructors.

Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years.

Fiscal Impact: Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the Seal Beach Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.

3. Less Lethal Shotgun
Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.

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Current Inventory:

REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

Quantity: 13
Purchase Price: $946 each
Drag Stabilized 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 317
Purchase Price: $5 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12-Gauge beanbag round - no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.

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Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: Use is established under Policy 305.4.2. It is the policy of the Seal Beach Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.

4. Rifles
Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Current Inventory:

Colt AR-15 223 16"
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel.

Quantity: 37
Purchase Price: $846.56 per firearm
Colt AR-15 223 Short Barrel Rifle (SBR)
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16- inch barrel.

Quantity: 3
Purchase Price: $1,223.64 per firearm
Geissele AR-15 223 14.5 SBR
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 14.5- inch barrel.

Quantity: 5
Purchase Price: $750 per firearm
Geissele AR-15 5.56 10.3 SBR
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 5.56, 10.3- inch barrel.

Quantity: 6
Purchase Price: $925 per firearm
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H&K MP-7 4.6X30 7.1"
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Chambered for the HK 4.6×30mm armor-piercing cartridge designed by manufacturer Heckler & Koch. 7.1- inch barrel.

Quantity: 2
Purchase Price: $1,852.20 per firearm
Winchester.223 Remington 55GR silver tip rifle round
Description:.223 Remington caliber, Fragmenting Polymer Tip (FPT), 55 grain bullet weight, brass cartridge case material.

Quantity: 3,680
Purchase Price: $802.74 (price per 1,000)
Winchester.223 Remington 55GR frangible rifle round
Description:.223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 1,900
Purchase Price: $668.05 (price per 1,000)
Winchester 5.56 MM 55GRFull Metal Jacket (FMJ) rifle round Description: 5.56 MM caliber, Full Metal Jacket (FMJ), 55 grain bullet weight, brass cartridge case material.

Quantity: 6,000
Purchase Price: $392.21 (price per 1,000)
L-Tech 4.6 x 30MM 31GR Frangible rifle round
Description: 4.6x30MM caliber, Frangible, 31 grain bullet weight.

Quantity: 4,800
Purchase Price: $437.50 (price per 1,000)
L-Tech 4.6 x 30MM 31GR OTM
Description: 4.6x30MM caliber, Open Tip Match (OTM), 31 grain bullet weight.

Quantity: 880
Purchase Price: $572.00 (price per 1,000)
Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use: Only members that are POST certified are authorized to use a rifle.

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Expected Life Span: No expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

Legal and Procedural Rules: Use is established under Policy 305.4.3. It is the policy of the SBPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal laws regarding the use of force.

5. PepperBall Launcher
A device that discharges irritant projectiles.

Current Inventory:

Tippmann PepperBall Gun
Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.

Quantity: 2
Purchase Price: $1,146.50
PepperBall LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder.

One round of LIVE-X contains the equivalent to 10 PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

Quantity: 340
Purchase Price: $3 per projectile
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.

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Training: Only sworn members may utilize PepperBall launchers and projectiles and must first be trained in their use by POST certified less lethal and chemical agent instructors.

Expected Life Span:
(a) Tippmann PepperBall Gun - 20 years
(b) PepperBall Live-X Projectile - 3 years
Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher.

Legal and Procedural Rules: Use is established under Policy 302.7.2. It is the policy of the SBPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.
706.10 MILITARY SWAT EQUIPMENT INVENTORY
The Seal Beach Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Seal Beach, Los Alamitos, Cypress, Fountain Valley, and Westminster.

The following constitutes an inventory of previously purchased equipment known to be owned and/ or utilized by law enforcement units with which the Seal Beach Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.

1. Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

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Expected Lifespan: 25 years.

Fiscal Impact: Annual maintenance cost of approximately $10,000.

Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: The bearcat was obtained through the UASI group procurement process in 2012.

The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.

2. Mobile Command Post Vehicle (MCP)
A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

Freightliner M2 106 vehicle
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Quantity: 1
Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP. Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.

Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems.

Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/ operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall Seal Beach Police Department
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also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver's license.

Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle.

The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

3. Light Sound Diversionary Devices (LSDD)
A device used to distract dangerous persons.

Current Inventory:

COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
Description: This is the standard diversionary flash-bang device. It is non-bursting, nonfragmenting single use device that produces a 175db and 6-8 million candela of light output.

It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 1
Purchase Price: $45 each
DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE
Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of.32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.

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Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used:
(a) By officers who have been trained in their proper use. (b) In hostage and barricaded subject situations.
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d) During other high-risk situations where their use would enhance officer safety. (e) During training exercises.

Expected Lifespan: Until used.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

Legal and Procedural Rules: Use is established under Policy 302.6. It is the policy of the SBPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Seal Beach.

4. Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.

Current Inventory:

DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND
Description: The Direct Impact 40MM CS munition is a point-of-aim, point-of-impact directfire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322.

Quantity: 4
Purchase Price: $26.50 each
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND
Description: The 40MM Direct Impact OC munition is a point-of-aim, point-of-impact directfire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320.

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Quantity: 5
Purchase Price: 26.50 each

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.

Quantity: 2
Purchase Price: $34.94 each

DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds. The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.

Quantity: 15
Purchase Price: $28.30 each

DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart.

This allows increased area coverage in a short period of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a "throwback" from hostile or combative subjects. The munition is launchable. Part Number 1026.

Quantity: 1
Purchase Price: $44.89 each
DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers Seal Beach Police Department
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the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292.

Quantity: 7
Purchase Price: $20.91 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE PENETRATING

PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher.

Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262.

Quantity: 7
Purchase Price: $21.53 each

DEFENSE TECHNOLOGY CS RIOT CONTROL CONTINUOUS DISCHARGE GRENADE Description: The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately

0.88oz. of active agent.

Quantity: 15
Purchase Price: $32.70

DEFENSE TECHNOLOGY POCKET TACTICAL CS GRENADE
Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade.

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Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Expected Lifespan: 5 years from manufacturing date.

Fiscal Impact: No annual maintenance.

Legal and Procedural Rules: Use is established under the Seal Beach Police Department Chemical Agent Policy 302.7.2. It is the policy of the SBPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

5. Kinetic Breaching Tools
Tools that are used to conduct a kinetic breach. The tool utilizes a self contained impact ram that has no projectiles or explosive pressures exiting the tool.

Current Inventory:

Kinetic Breaching Tool (KBT) Model 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification.

The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT's intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35 in. x 9.9 in. x 9.3 in. and has an audible report of 115 dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850 ft. lbs. of kinetic energy through the steel Seal Beach Police Department
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ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Quantity: 1
Purchase Price: $10,494.38 each
Purpose: To safely gain entry into a structure.

Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Expected Lifespan:
(a) Kinetic Breaching Tool (KBT) - 30 years
(b) Blank cartridges – 5 years (preferably rotate rounds within 1 year) Fiscal Impact: No annual maintenance.

Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.

Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.

6. Long Range Acoustic Device (LRAD)
A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Current Inventory:

Genasys Long-Range Acoustic Device (LRAD) Model 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario. LRAD's advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise. The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number: 05984 UASI ASAUA/DHS Number 11-00456.

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Seal Beach Police Department
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Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.

Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device.

Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.

7. Robots
A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Current Inventory:

TRANSCEND Vantage Patrol Robot
Description: Transcend's Vantage robot is the world's only double-patented automatic stair and obstacle climbing robot for First Responders. It's the only option for First Responders that want their robot to "just figure it out" on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what's happening before sending officers inside.

Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).

Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

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Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.

Expected Lifespan: 8 to 10 years.

Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500.

Training: All robot operators must first complete the FBI's 6-week hazardous device school prior to operating the robot(s) identified above.

Legal and Procedural Rules: It is the policy of the SBPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.
706.11 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

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706.12 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.
706.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. Seal Beach Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee.

QUOTE
DATE: 04/22/2025
PHONE: FAX:

PRICES PER THOUSAND ROUNDS
Price Quote
Ship To:

Here are the requested prices:

SEAL BEACH POLICE DEPT

PETE KROK - CAMREN WIGHT
911 SEAL BEACH BLVD.

SEAL BEACH CA 90740
(562) 799-4100 (562) 431-4874
QUOTE #: 026830
Cust. ID #: 000472
TERMS: Net 30
Type: FET OUT - Agency
County: ORANGE

QUANTITY SYMBOL DESCRIPTION PRICE EXTENSION

10.000 WM193K 5.56MM M193 55 FMJ WIN LC 20RD $474.00 $4,740.00 NOTES:

Pete,
See above for your quote, and let me know if
you have any questions. At this time (which can
change quickly) the ammo quoted for Will Call
is currently available for pickup after order
finalization.

Anne
SUBTOTAL:

TAX*: TAX
RATE:

TOTAL:
$4,740.00
$367.35
$0.00
$5,107.35

7.7500%
SHIPPING:

PO# (if appl.)________________ Authorization Signature ____________________________ Name & Title __________________________________
Quote is for official department use only
To proceed with the order as quoted, please confirm the details above, and sign & complete below:

Date ______________________
Will Call Pickup Date__________________________
Agenda Item G

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Approving and Authorizing Amendment 1 to the Agreement with Wetlands and Wildlife Care Center for Wildlife Animal Control Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7640:

1. Approving Amendment 1 to the Agreement with the Wetlands and Wildlife Care Center; and,

2. Authorizing the Interim City Manager to execute the Amendment; and,

3. Authorizing future extensions, if exercised, as outlined in the Amendment.

BACKGROUND AND ANALYSIS:

The Wetlands and Wildlife Care Center (WWCC) is a nonprofit organization located in Huntington Beach, California. It is dedicated to the rescue, rehabilitation, and release of injured and orphaned native wildlife. WWCC also provides critical public education and outreach programs to promote coexistence with local wildlife and preservation of native ecosystems. The Center serves Orange County and surrounding regions, responding to thousands of wildlife emergencies each year and partnering with cities, law enforcement agencies, and environmental groups.

On July 1, 2023, the City of Seal Beach entered into an agreement with WWCC to provide wildlife field services and sheltering support for wild animals found within City limits. This partnership was a key component of the City’s newly launched inhouse animal control program, the first of its kind in many years, ensuring the health, safety, and humane treatment of both residents and local wildlife.

At the time the original agreement was developed, the compensation was based on historical data from the previous animal control provider—the City of Long Beach. However, since establishing the City’s in-house program, the volume of animals taken to WWCC has significantly exceeded initial estimates. This increase

Page 2 ends

is due to more responsive, local field operations and greater emphasis on proactive animal welfare services.

Amendment 1 adjusts the monthly compensation from $500 to $1,000 during the one-year extension period (FY 2025-2026) to better reflect the true scope of services being provided by WWCC. This revised rate ensures that WWCC is fairly compensated for the substantial increase in animals received from the City and allows the City to continue providing humane, professional care for wildlife. In addition, the amendment allows the City to exercise up to two additional one-year extensions beyond FY 2025-2026, under the same terms and compensation, should the partnership remain beneficial and funding be available.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The increase from $500 to $1,000 per month for FY 2025-2026 will be included in the proposed operating budget. Sufficient funds are available within the Animal Control Budget allocation for animal services.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7640:

1. Approving Amendment 1 to the Agreement with the Wetlands and Wildlife Care Center; and,

2. Authorizing the Interim City Manager to execute the Amendment; and,

3. Authorizing future extensions, if exercised, as outlined in the Amendment.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Patrick Gallegos
Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager Prepared by: Nick Nicholas, Support Services Bureau Captain ATTACHMENTS:

A. Resolution 7640
B. Amendment 1 to the Professional Services Agreement with Wetlands and Wildlife Care Center
C. Original Professional Services Agreement with Wetlands and Wildlife Care Center
RESOLUTION 7640

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT 1 TO THE AGREEMENT WITH

WETLANDS AND WILDLIFE CARE CENTER FOR WILDLIFE

ANIMAL CONTROL SERVICES
WHEREAS, on July 1, 2023, the City of Seal Beach entered into an Agreement with Wetlands and Wildlife Care Center for the provision of wildlife education and animal field and shelter services; and,
WHEREAS, the City and Contractor desire to extend the agreement for one year from July 1, 2025 through June 30, 2026, and increase the monthly compensation from $500 to $1,000; and,
WHEREAS, the amendment further allows for two additional one-year extensions, under the same terms, at the City’s sole discretion.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City Council hereby approves Amendment 1 to the Agreement with Wetlands and Wildlife Care Center.

Section 2. The City Council authorizes the Interim City Manager to execute the Amendment and any future extensions or related amendments, subject to the terms outlined therein.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of May 2025 by the following vote:

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

Lisa Landau, 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 7640 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of May 2025.

Gloria D. Harper, City Clerk

N
Between
City of Seal Beach
211 8th Street
Seal Beach, CA 910740
21 Wetlands and Wildlife Care Center
21900 Pacific Coast. Hwy
Huntington Beach, CA 92646- 7601
714-374- 5-387
This Agreement, ("the Agreement") is made as of July 1 2023 ( the ' Effective Date"), by and between Wetlands and Wildlife Caro Center (" Contractor"), 8 Califorhi.a nonprofit. public benefit corporation, and the City of Seal Beach (" ORY,), a California charter city, sometimes hereinafter individually- referred to as " Patty" and collectively as " the Parties'').
3726654044\* 21480. doc

RECITALS
A. City desires certain professional services relating to animal field and shelter services for the purpose of safeguarding the health and safety of City's population and the health and safety of its wildlife while promoting the humane, treatment of wild animals.

B. Purrsuant to the authority provided by its City Charter :and Seal Beach Municipal Gode § 3:20..025{ C), City desires to engage .Contractor to provide. the wetlands and wildlife care center services (" the Services") in the manner set forth herein and more fully described in Section 1; 0,
C. Contractor represents that. its principal members are ' fully qualified and able: by virtue of their training, experience and expertise to provide City with the Services in, a good and professional manner.

D. City desires to retain Contractor . as an independent contractor and Contractor desires to serve City to perform those Services 'in accordance with the terms and conditions ofthis Agreement.

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

AGREEMENT

1. 0 Scope of Services

1. 1, Contractor shall provide those professional services (" Services") as set forth in the attached Exhibit A, which is hereby incorporated by' thiis 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. In light of such status and experience, Contractor hereby.covenants that it shall follow thee customary professional standards in performing all Services, The City relies upon th:e skill of Contractor, and Contractor's staff, if any, to do and perform the. SeNices in accordance with such professional 2 of 22
standards, 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 City sha11. not=operate as a release of Contractor from such standard of care.

1. 5. ' Contractor will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work' in advance and in writing. The City Manager may authorize. extra work to fund unforeseen conditions up to the amount approved at the tinge of award by the City Council, Payment for additional work 'in excess` of,this amount requires prior City Council authorization.
2: 0 Term

2. 1. The term of this Agreement shall commence as of the Effective.

Date and shall remain in full force and effect fora term of two ( 2) years. (."Original Term"), .and shall expire at midnight on June `3Q, 2025, unless sooner terminated or extended as provided in Section 5.0 of 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 three ( 3) additional terms of one: year each (" extension"), by providing written notice to.

Contractor at least one month prior to the expiration of an existing term. If timely elected: by the City, the first extension shall have a term extending from July 1;. 2025, through and including June 30, 2026, unless sooner terminated or extended pursuant to this Agreement. if timely elected by the City, the second extension shall be from July 1., 2026, through and including June 30, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the third extension shall be from July 1, 2621, through and including June 30, 2028, 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. In consideration of Contractor' s performance of the Services set forth in Exhibit A, City will pay Contractor for Services. and expenses incurred in the performance of this Agreement, but in no event willCity ay more than the total not ta- exceed amount of ( F% lrnneadailar aid 0 "}) aper month for the Original Term; except as authorized by City pursuant to Subsection 3.2 hereafter.

3.2., IR the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, City will pay Contractor for Services but in no event will the .City pay more than the total not -to -exceed 3 of 22
amount of $ 500 ( Five Hundred dollars and 001100) per month for each one- year extension.
4: O Method of Payment
4A.. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such: hvoi.009: sh'al . I 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 t
I he period, the days worked, U
number of hours worked, the hourly rates charged, and the Services performed for each day in the period, City will pay Contractor within days, of receiving Cd'htractbr' s.. invoice. City will not.. withhold any applicable federal o.. 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. hour's all records, invoices, time cards,. cost control sheets and other records maintained 'by Contractor in connection with this Agreement. City' s rights under this Subsection 4.2 shall survive for three 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.

5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shalt cease all. work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5. 1, or immediately upon Citys acknowledgment of receipt of Contractor' s notice of termination. to City under Subsection 5. 1. Upon termination., City shall be immediately given title to and possession. of all Work Product ( as defined in Subsection 1.2, 1 of this Agreement} r produced or developed pursuant to this Agreement. up to the date of termination.. Provided that, Contractor is not, then in breach, City shall pay Contractor for -any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or Portions thereof which are specifil.00 herein. I - h no event shall Contractor be entitled to payment for unperformed services or services within .the Scope of Services performed -prior to 4 of 22
the effective. date of this Agreement; and Contractor shall riot be entitled to receive more than the amount that would' be paid to Contractor for the full pe.rformance of the Services up to date :of termination. Contractor shall have no. other claim against City by reason of such termination, including any claim for compensatiiOn or damages.

6. 0 Party Representatives

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

6.2. 040ie McGuire is .Contractor' s primary representative for purposes of this Agreement: Debbie McGuire shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise ' the Services hereunder. Contractor may not change its representative without the prior written approval of. City, which approval shall not be unreasonably withheld..

7. 0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48. hours after deposit in the United States Mail, first class postage prepaid and addressed to. the Party at the following addresses;
To City; City of. Seal Beach
21`1 8th Street
Seal Beach, California 90740
Attn° City Manager
To Contractor: Wetlands and Wildlife Care Center
21900 Pacific:Coast Highway
Huntington Beach, CA 92646- 7601
Attn' Debbie McGuire
Email: wwccdmcguire@gmail. com

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

8. 0 Permits and Licenses
Contractor and all of Contractor' s. employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses; permits and certificates required by law forr the provision of the Services under this 5 of 22
Agreement, including a business license as required by the Steal Beach Municipal .Code.

9. 0 independent Contractor
9: 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 by Contractor' s personnel under Contractor' s supervision.

Contractor will determine. the means, methods; and details of performing the services by -which Contractor; its employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in. performing the, Services and corholiance- with the customary professional standards.. 9,2. All of Contractor's employees and other personnel performing the Services under this Agreement. on behalf of Contractor shall also not be employees of City and shall ;at all times :be under Contractor's exclusive: direction and control. Contractor and Contractor's personnel shall not supervise any of City' s employees, and City' s employees shall not; supervise Contractor' s personnel... Contractor' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use .any :City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor Shall acquire and maintain at its, sole cost and expense such vehicles, equipment and supplies as Contractor:' s personnel require to perform any of the Services required by this ,Agreement.. Contractor shall perform all Services off of City premises at locations of Contractor' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment' ( 2) as otherwise may from time to time be necessary in, .order for Contractor's personnel to receive animals from City, review plans on file at City, pick up or deliver any Work- Product ( as defined in Subsection 12. 1 of this Agreement) related to Contractor's performance of any Services under this Agreement-, or ( 3) as may be necessary to inspect or visit City locations and/ or private property within City' s jurisdictional boundaries to perform such Services.
9: 3. Contractor shall be: responsible forand pay all. wages, salaries, and other amounts :due its own personnel in connection with their performance of the Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respeoting such additional personnel, including., but not limited to: Social Security taxes; other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency,. State, or federal policy, rule., regulation, statute or ordinance to the contrary, Contractor and any :of 'its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled. to, and hereby B, of 22
waive any claims to, any wages, salaries,. compensation, benefit, or any incident of employment by City., including. but riot limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System PERS") as an :employee of City', and entitlement to any contribution to be paid by City for employer contributions or employee: contributions .for PERS benefits.

9. 4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and those .agents serving as iridepertdent contractors in: the _role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to: the extent arising from, caused by or relating to Contractor's personnel practices or to the extent arising from, caused by or related to Contr'actor's violation . of any . of the provisions of this Section 9.0'. in addition to any other remedies available . under Caw, City, shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to. City from Contractor as a result of Contractor's failure to promptly. pay to City any reimbursement or indemnification arising under this Section. This. duty of indemnification is in addition to Contractor' s duty to defend, indemnify and hold harmless as .set forth. in any other provision. of this Agreement. Contractoes, indemnification 6bligabons Under this ' Section shall survive the: termination and/ or expiration of this Agreement.

10. 0 PERS Compliance and Indemnification
10 '.1. General Requirements. The Parties acknowledge that City 'is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel - to City : to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law (" PERL" ), commencing at Government Code 20000, as amended by the Public Employees' Pension Reform Act of 2013, the regulations of PERS. Without limitation to the foregoing, Contractor shall assure. compliance with regard to personnel who have activeor inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA, or any other applicable retirement laws and; regulations.

10. 2. Indemnification. Contractor shall defend. ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), 'indemnify and hold: harmless City, and its City and its elected and. appointed officials, officers, employees, .servants, designated volunteers, and those agents serving as independent contractors in the role of City officials, from any .and all liability, damages, claims:, costs and expenses, of any nature to the extent arising from, caused by, or relating to Contractor' s violation of any provisions of .this Section

10. 0. This duty of indemnification is in addition to Contractor's duty to defend, 7 of 22
indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor' s indemnification obligations. under this. Section shall survive the termination and/ or expiration of this Agreement.

1.1, 0 Confidentiality
11, 1.. - Contractor . covenants that all data, reports, documents, surveys, studies, reports, drawings, plans, maps, models, photographs, images, video fi.ies, media, discussion, or other information or other Work Product { as defined in Subsection 12A. of this Agreement} 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 authori2ation :by :City. City shall grant such authorization if applicable law requires disclosure. Contractor; its officers, employees, agents, : or subcontractors shall not without written authorization from the City Manager or unless requested in writing. by the City Attorney, voluntarily provide declarations, letters of support; testimony : at, depositions, response to interrogatories or other information cohdeming the Services performed under this Agreement or relating to any project or property located within City. response to a subpoena or court order shall not be considered " voluntary,"' provided Contractor gives City notice of such court order orsubpoena.

11. 2. Contractor shall promptly notify City should Contractor; its: officers, employees, agents or subcontractors be .served with any .summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, .court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City, City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide.

City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right; by City to control, direct or rewrite the response.

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

12. 0 Ownership of Work Product
121. Unless .otherwise agreed upon in writing, all draft and final .reports, documents, and other written material, and any and all images, ideas, concepts, designs including website. designs, .source code, object code, electronic data and files, and/ or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work .Product") shall be considered works made for hire" for the benefit of City, and all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to., 8 of .22
all copyrights and other proprietary rights, shall be and remain the property of City upon final payment being made in accordance with Subsection. 5;3, and may be used, reused or otherwise disposed of by City for any purpose without the permission of Contractor. Any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which:: the Work Product " was prepared or provided under this Agreement shall be at City' s own risk.. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product...

12. 2. Contractor hereby assigns : to City all ownership to the. Work Product, including any and all related intellectual property and. proprietary rights„ that are not .otherwise vested in City pursuant. to Subsection 1: 2: 1, above.

12. 3. Contractor warrants and represents that it has secured all. necessary liicenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the productionof all Work, Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend,. indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated. volunteers,. and agents serving as independent contractors in the role of City officials, harmless froom any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions., or any laws relating to trade names, licenses, franchises, copyrights; patents orother means of protecting intellectual property rights andlor interests in products or inventions.

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

12. 4.. Upon expiration or termination : of the Agreement, Contractor shall deliver to City all Work Product: and other deliverables related to any Services performed pursuant to this Agreement without~ad"ditional cost or expense to City, If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format' and in an electronic format that is:
acceptable to City,.
0 of 22

13. 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.

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

15. 0 Inspection and Audit of Records
Contractor : shall maintain complete and accurate, records with respect to all Services and other matters covered under this Agreement, including tpt expressly not limited to, all Servicesperformed, 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, acid 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 alt other records related to the Services and. performance of this Agreement for -at least three ( 3) years after expiration, termination or finat payment:under this Agreement, whichever occurs later.. City's rights under this Section 1. 5.0 shall survive for. three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
16,0 Safety Requirements
All work performed under ' this .Agreement shall be performed in such a manner as to provide ' safety to the public and to meet or exceed the safety. standards outlined by CAL OSHA and other applicable local; state. and federal laws, industry safety ordersand/or health orders. 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. 10, 022
Contractor shall immediately report to City any .hazardous condition noted by Contractor.
17: 0. Insurance

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

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

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

17. 2. 2. Automobile Liability lnsurance: Contractor shall maintain limits no less than $ 1,. 000,00.0 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto);

17. 2.3. Workers' Compensation Insurance: in the amount required by law; and Employer' s Liability: $ 1,000, 000 per accident and in the aggregate far bodily injury or. disease;

17. 2.4. Professional Liability ( or Errors and Omissions) Liability: Contractor shall maintain minimum limits of $ 1, 000, 000 per claim/ aggregate. If a " claims made" policy is provided, then. the policy sh4.11 be endorsed to provide an extended reporting period of' not less than three years. 17, 3. Acceptability ofInsurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A,Vill, licensed to .do business in California, and satisfactory to the City.

IT of 22

17. 4. Additional Insured.

1.7. 4. 1. For general liability insurance,, City; its elected and appointed officlals, officers, employees, agents, designated volunteers and. those agents acting as independent contras#ors in the.:role of City officials shall be covered as additional insureds with respect -to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipmentfurnished in connection with such work.

17. 4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those agents serving. as independent contractors. iri the role of: City officials, shall be " covered as additional insureds With respect to the . ownership, operation, maintenance, use, loading or unloading of any auto: owned, leased, hired or borrowed by:the Contractor or for which they Contractor is responsible.

17. 4. 3. These additional insured provisions shall also apply to any excessluimbrella liability policies.

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

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

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds- provisions and shall not contain any special limitations on the scope of protection afforded to City,. its elected and appointed, officials, officers-, employees,: agents,. designated volunteers and those agents serving ;as independent contractors in the role of City officials. 1'2 of' 22

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

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

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

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

17. 12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor, shall not be construed as a limitation. of Contractor' s liability or as, full performance of Contractor' s duty to indemnify City under Section 18. 0. 13 of 22
17: 13. Broader Coverage/ Higher Limits. if Contractor maintains broader coverage .andlor higher limits than the minimums required above, City requires and shall be entitled ; o, the broader coverage and/ or the higher limits maintained by Contractor. Arty available insurance proceeds in excess , of the specified minimum limits of insurance and coverage shall be available to City.

17. 14.. Subcontractor Insurance Requirements. Contractor shall require each of its subcontr"actors that: perform Services under this Agreement to maintain insuranciecoverage that meets all of the requirements of this Section..

18. 4
Indemnification, Hold Harmless, and Duty to Defend

18. 1, Contractor' s Dutv.

18. 1. 1. To the fullest extent permitted by law Contractor shall; at its sole cost and expertise, protect, defend, hold. harmless and indemnify City and its elected and appointed officials, officers, : attorneys, agents., employees, designated volunteers:, successors_; assigns and those agents serving as independent contractors in the role of City officials ( collectively " indemnitees" in this Section 18, 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of, any nature whatsoever, in. law or. equity:, to persons, or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Claims"), whether actual, alleged or threatened, which arise out -of, pertain to, or relate to any breach of this Agreement and/ or the acts or omissions of Contractor; its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or 'contractors, ar 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 Claims arising from the sole negligence or willful misconduct: of the Indemnitees, as determined b9. final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the indemnitees for any and, all legal expenses and costs incurred by the Indernhitees in connection therewith.

18. 1. 2. Contractor shall. indemnify and hold harmless City in accordance with Sections 9, 0 and 10. 0,
14 of 22

18. 2_ : Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 1. 8. 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 toabtai.n such indemnities, Contractor shall be fully responsible and. indemni#y, 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 toarise out of, pertain to; or relate to the acts or omissions. of Contractor' s subcontractor, its officers, agents; servants, employees, subcontractors, rhaterialmeri, contractors or their officers, agents, servants or employees ( or any entity or individual that. Contractor' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement; including the Indemnitees' active or. passive negligence, . except for Claims arising from the sole negligence or willful misconduct of the lndemnitees, . as determined by final arbitration or court decision or by the agreement of the Parties. 18; 3. Workers' Compensation Acts Not_ Limiting. Contractor' s indemnification obligations, under this Section, or any other provision of this Agreement, shall. not be limited by the provisionsof any workers' compensation act or similar apt: Contractor expressly waives its statutory. immunity under such statutes or laws as to. City; its elected and appointed . officers, officials, agents, employees, designated volunteers and those agents serving as independent contractors in the role of City officials.

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

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

19. 0 Non -Discrimination and Equal opportunity
Contractor affirmatively represents that it is. an equal opportunity employer.. In the performance of this Agreement, Contractor shall riot: discriminate against any subcontractor; employee, or applicant for employment because of race, ,religion, color; national origin, handicap, ancestry, :sex, gender, sexual orientation., gender identity, gender expression, marital status, national origin, ancestry; age, physical disability, mental disability, medical condition; genetic informatiort, 'or arty other basis prohibited by law. Contractor will take affirmative. action to ensure that subcontractors and applicants are employed, and that employees are treated 15 of 22
during employment, without regard to their race, color, religious creed, sex, gender; gender identity, gender expression, marital status, national origin, ancestry; age, physical disability; mental disability,, medical condition, genetic information or sexual orientation, or any other basis prohibited by law..

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

21. 0 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.

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

23. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule. of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement: Any dispute that arises under or relates to this Agreement (whether contract, tort, or both), shall be resolved in a state or federal court situated in the County of Orange, State of California.

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

25. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of 16 of 22
any. breach,, any failure of a condition; or any right or remedy under this q
Agreement shall be (` l) effective unless it is in writing and signed by the, Party making thewaiver, ( Z) deemed to be : a waiver of, or consent to; any other breach, failure. of a condi't'ion, or. right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states,

26. 0 Prohibited Interests; Conflicts of Interest2. 1, Contractor covenants that it presently has no interest acid shall not acquire any interest, direct or indirect, which may be affected by the Soruices, or which, would conflict in any manner with the performance of the Services.

Contractor ' further icovenants that, in performance of this Agreement, no person having any such interest shall be employed by it:. Furtherrriore, C06tractor shall avoid the appearance of having any interest, which would conflict in any mangier s ,.. with the performance of the Services. Contractor shall not accept any -- e.mpioyrnent , or. representation during the term of this Agreement which is. or may likely make. Contractor " financially interested" ( as provided in California GQ,vernm6ht Code §§ 10,90 and 87100) in any decision made by City ori any matter in connection with which Contractor has. been retained.

26. 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 broach or, violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate. this Agreement without further liabilitys or to deduct from any sums payable to Contractor- hereunder the full amount, or value - of any such fee, commission, percentage or gift.

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

27. 0 Final, Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services.. Acceptance of payment shall be any negotiation of City' s check or the failure .to make a written extra compensation claim within ten 17 of 22
calendar days of the receipt of that check. However, approval or- payment by .City shall not constitute, nor be deemed, a release of the responsibility and liability of.

Contractor; iits employees, subcontractors and agents for the accuracy and competency of the information provided andlor work performed; nor shall such approval: or payment be deemed to be an <assumption of. such responsibility, or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and/ or agents.

28. 0 Non -Appropriation of Funds
Payments to be made to Contractor by City for any Services, performed within the r 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 Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
29:0 Non -Exclusivity
Nothing articulated in this Agreement shall be construed as creating any exclusive arrangement with Contractor. This Agreement shall not restrict. City from acquiring similar, equal "or like services from other entities" or sources: Due to the nature and availability of sued" servicesand the "business needs of City, , ...

Contractor may be only one of such Contractors utilized by City "for the services. identified in this Agreement.

30. 0 Mutual Cooperation

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

30. 2. Contractor' s Cooperation. In the event any claim or action is brought against City relating" to Contractor' s. performance of Services rendered under `this Agreement, Contractor shall render any reasonable assistance that City. recluires:

31. 0 Timeof the Essence
Time. is of the essence in respect to all provisions of this Agreement that specify a time ' for performance; provided; however, that the foregoing shall not be construed to limit or deprive. a. Party of the benefits of any grace or use period allowed. in this Agreement.
32A. Attorneys' Fees
18 of 22
w
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,

33.0 Titles and Headings
The titles and Beadings used in this Agreement are for convenience only and shall in no way de#inejimit°or.describe the scope or intent of this Agreement or any part of it.

34.0 Exhibits ..

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

35.0 Corporate Authority
The person. executing this Agreement on behalf of 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.
10 6f22

CITY OF SEAL BEACH
By.:

Attest
By:,
Approved as to Form.:

By:

Nibhblas. Ghirelli, City Attorney
20 of 22
7296- 1044128121460. doc
CONTRACTOR:. WETLANDS AND

WILDLIFE CARE CENTER
By:

M.0 6.+• x'
Its, pv"P!.cA, . ........

BY:

Name:

Its.
note, two signatures required for
corporations pursuant to California Corporations
Code Section. 393 from each of the fdff6wifig
categories: -(i) the chairperson of' the board, the
presiddhr or any, vice president;_ and fii)-' the.
secretaty, any assistant secretary; the chief
finiadial officer or any assistant treasurer of
such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

EXHIBIT A

CONTRACTOR' S SCOPE OF SERVICES
Previously, the. City : of Seal Beach (" City"); provided animal related services within the incorporated areas of the, City. through a, contract with the City of Long Beach . These 'services include the quarantine of' biting or rabies suspect animals, the investigation and declaration of Potentially Dangerous or: Vicious Dogs, public, protection frorn aggressive : animals,, the investigation of reports :of animal cruelty or neglect, the impoundment and/ or rescue of -sick or injured animals, and the enforcement of various animal related laws .and ordinances.

PURPOSE.-
Animal
URPOSE:

Animal Control officers of the City impound a variety of sick, .injured, and immature wild animas. These animals may require euthanasia or may be candidates. for rehabilitation and subsequent release back into. the wild. The purpose of this Agreement is. -for the City to retain licensed wildlife .rehabilitation facilities (" Contractor") to accept animals which are possible candidates for rehabilitation or which may require euthanasia when transport to. the Contractor' s Shelter would prolong suffering of an animal and the licensed wildlife rehabilitation center ' is closer in proximity to the Officer' s location and able to accept the animal,
Additionally, Contractor may offer educational seminars from time to time on various topics related to the care, habitat, conservation; behavior;. handling, or other matters of native. or common wild animals ofOrange County. City Staff may elected to attend said educational seminars.

DESCRIPTION OF SERVICES:

Location: Services will be performed at the Contractor's facility, located at 2:1900 Pacific Coast Highway, in the city of Huntington Beach, or at alternative locations utilized by Contractor and agreed upon by City and Contractor in writing.

Wild Animal Services: The primary role of the Contractor will be to accept a transfer of custody ' for various wild animal species which may be possible candidates for rehabilitation and subsequent . release, may require euthanasia, or other reasons con5ist.06t with Contractor' s business practices and/ or mission,
Animals: This Agreement shall .cover all wild animal species which -the Contractor is willing to, accept. Contractor may, at its discretion, not. to accept an animal based on the species, available space, available resources, or, for other reasons.

Paperworklidentification: Contractor will provide City or any representative of City with follow- up details or information " pertaining to animals. dropped off irr accordance with this contract upon request, .Such information may be details on. species, weight, health status, medical information, etc. 'and will be used to ensure the welfare of the public and their pets. As 21 of 22
57296- 10,4412812146v1. doc
an .example, this information may beused to support cases of animal cruelty, neglect, other criminal matters, or to map/ track wild animal populations, injury, sickness., or disease in the..

County of Orange..

Availability: To ensure adequate availability and accessibility, Contractor will .maintain regular working hours and availability as follows: 0800- 1700 seven days a week. If Contractor will be unavailablefor i'n'ure than . 48 hours; notice will be provided to City so that" alternative artarigements can be .made.

Educational Services, Contractor may offer educational seminars from time to time on various topics related to the, care, habitat, conservation, behavior, ,hanlirig:,. or other matters pertaining to native or common wild animals of Orange County. City $ taff may, at .the discretion of City Management, attend said educational seminars. Such . attendance will be contingent -upon availability., space considerations, and; business steeds of the Contractor.

MINIMUM QUALIFICATIONS:

License; Certification, . Education; or Experience Required: Contractor shall maintain all valid licenses and permits required to perform work identified iii this Agreement' iti accordance with, local, state, and/ or federal requirements. Contractor shall pay all resulting fees if applicable.

Knowledgep, of wild animals native and common in, -the County of Orange, California, :and their respective. care, rehabilitation, and/or humane• euthanasia.

Ability to. accept sick, injured, or immature wild animals as identified in this Agreement:

Establish and maintain effective relationships with . City and its employees; agents or representatives, and other local and regional agencies as necessary to provide services required under this Agreement.

Maintain records and be able to provide them to City as identified in this. Agreement. 22 of 22
57296=7.04412812,146A. doc
Policy Number: Date Entered: 9/ 12/ 2023
ACORE
il%. CERTIFICATE OF LIABILITY INSURANCE DATE( MMIDDNYYY) 10/ 4/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Diane R Adams Insurance Agency
2134 Main St. # 280
Huntington Beach, CA 92648
r -- - -- - - - "-
CONTACT NAME:

Ext: ( 714) 374- 3282 ( AC...: ( 714) 374- 3288
EMAIL kennell ADDRESS: 3- y@adams- insuranceagency. com INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: Non Profits Ins. Alliance of CA
INSURED LWe.tlands-&- Wildlife Care^ Cen. ter —._-' J
21900 PCH
Huntington Beach, CA 92646
INSURERS: State Compensation Insurance Fund 35076
INSURERC:

INSURERD:

INSURERE:

INSURER F:

GU V LKAGE: i GEIKI ll-1GAIE NUMBER: REVISION NUMBER:

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

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

INSR LTR TYPEOFINSURANCE
ADDL
INSD
SUBR

WVD POLICY NUMBER

POLICY EFF

MIDDIYYYY

POLICY EXP

MIDDNYYY LIMITS
a X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE ® OCCUR X X 11081 9/ 7/ 2023 9/ 7/ 2024
EACH OCCURRENCE $ 1, 000, 000
PREMISES Eaaxurrence$ 500, 000
MED EXP (Any one person) $ 2 0 ; 0 0 0
PERSONAL & ADV INJURY $ 1, 000, 000

GEML AGGREGATE LIMIT APPLIES PER

POLICY JET LOC
OTHER:

GENERAL AGGREGATE $ 1, 000, 000
PRODUCTS - COMP/ OP AGG $ 1, 000, 000
a

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY
X X 11081 09/ 07/ 2023 09/ 07/ 2024
COEaaccident $ 1, 000, 000
BODILY INJURY ( Per person) $
BODILY INJURY ( Per accident) $
Per accident $

UMBRELLA LIAB

EXCESSLIAB HCLAIMS-MADE
OCCUR EACH OCCURRENCE $
AGGREGATE $
DED I I RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITYSTATUTE

ANOFFICERIMEM PROP
ERIEXCLUDED?

ECUTIVE Y
Mandatory In NHi
If yes describe under
DESCRIPTION OF OPERATIONS below
N/ A 9127343 12/ 07/ 2022 12/ 07/ 2023
ER
E.LFJ\ CHACCIDENT $ 1, 000, 000
E. L DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0
E. L. DISEASE - POLICY LIMIT $ 1, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated volunteers and those agents acting as independent contractors in the role of City officials are listed as additional insured

CERTIFICATE HOLDER CANCELLATION
City of Seal Beach
211 8th Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD Cynthia Solares
From: Jonathan Kennelly <j.kennelly@adams- insuranceagency.com> Sent: Wednesday, October 4, 2023 3: 27 PM
To: Nicholas Nicholas
Cr ' Debbie Wayns'; ' Debbie McGuire'; Cynthia Solares
Subject: RE: Certificate of Insurance
Attachments: COI -City of Seal Beach ( Revised).pdf
The policy does include hired and non -owned auto liability. The COI has been updated to reflect that coverage.

The policy does not include professional liability.

Sincerely,
Jonathan Kennelly
CA Lic. # OD13971
Agency Operations & Account Manager
2134 Main Street, #280
Huntington Beach, CA 92648
www. dianeadamsonline. com
714-374-3282 x200
714- 374- 3288 fax
DIANE R.ADAMS
iNSURANCEAGENCY
30 years of empowering clients, become one of ours today.

PLEASE NOTE ***** This E- Mail/ telefax message and any documents accompanying this transmission may contain privileged and/ or confidential information and is intended solely for the addressee( s) named above. If you are not the intended addressee/ recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E- Mail/ telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/ destroy the message and any accompanying documents. Thank you.*****
From: Nicholas Nicholas < nnicholas@sealbeachca. gov>
Sent: Tuesday, October 3, 2023 4:36 PM
To: Jonathan Kennelly <[email protected]> Cc:' Debbie Wayns' < wwccdwayns@gmail. com>;' Debbie McGuire' < [email protected]>; Cynthia Solares CSolares@sealbeachca. gov>
Subject: Re: Certificate of Insurance
Hello,
Can you please confirm this has Automobile and Professional Insurance? Thanks,
Nick Nicholas, Captain
Support Services Bureau
City of Seal Beach Police Department
911 Seal Beach Boulevard, Seal Beach, CA 90740
562) 799- 4100 Ext. 1160
562) 493- 0634 ( Fax)
V
cxb rs cwn. rrx
Civility Principles:

1. Treat everyone courteously;

2. Listen to others respectfully;

3. Exercise self- control;

4. Give open- minded consideration to all viewpoints;

5. Focus on the issues and avoid personalizing debate; and,

6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For information about Seal Beach, please see our City website: http:// www. sealbeachca. gov This email transmission, including any attachments, is intended for the exclusive use of the individual or entity to whom it is addressed and may contain confidential information that is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521. If you are not the intended recipient or an employee or agent responsible for delivering this e- mail to the intended recipient), you are hereby notified that any copying, disclosure or distribution of this information is strictly prohibited.

From: Jonathan Kennelly < i. ken nelly@adams- insuranceagency. com> Date: Tuesday, October 3, 2023 at 16: 14
To: Nicholas Nicholas < nnicholas@sealbeachca. gov>
Cc: ' Debbie Wayns' < wwccdwayns@gmail. com>, ' Debbie McGuire' < wwccdmcguire@gmail. com> Subject: RE: Certificate of Insurance
Attached is the proof of insurance for our mutual client. If you need anything else let me know.

Sincerely,
Jonathan Kennelly
CA Lic. # OD13971
Agency Operations & Account Manager
2134 Main Street, # 280
Huntington Beach, CA 92648
www. dianeadamsonline. com
714- 374- 3282 x200
714- 374- 3288 fax
Agenda Item H

AGENDA STAFF REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, Interim City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Receive and File an Informational Update to Comply with Assembly Bill 2561 (Government Code Section 3502.3)
Regarding Vacancies, Recruitment, and Retention Efforts ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file an informational update, in accordance with Assembly Bill 2561, on vacancies, recruitment, and retention efforts.

BACKGROUND AND ANALYSIS:

Assembly Bill 2561 (AB 2561) was introduced to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. The bill mandates that public agencies conduct an annual public hearing to present the status of vacancies, recruitment, and retention efforts. The presentation must be completed prior to the adoption of the next fiscal year’s budget and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. The bill was enacted into law and is codified as Government Code section 3502.3, effective January 1, 2025.

In compliance with the new legal obligations, the City is required to complete the following:

1. Public Hearing – Report on Vacancies, Recruitment, and Retention:

Currently, there are four full-time vacancies. A summary is included below.

Position Bargaining Unit Cause Status
Management
Analyst (Finance)
Mid-Management
and Confidential
Employees
Association
Resignation
for external
opportunity.

Recruitment
posted. First
review of
applications
05/12/2025.

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Seal Beach City CouncilMay 12, 2025

Seal Beach City Council
May 12, 2025