Agenda packet — Seal Beach City Council, July 28, 2025 (part 2 of 2)

requires its own ten-year extension through June 30, 2035. Originally developed in June 2015, the MWDOC Agreement established individual agreements with each Member Agency to facilitate access to MWDOC’s water use efficiency programs and associated funding. The MWDOC Agreement serves as a conduit for passing through the terms and conditions of the Metropolitan Agreements while incorporating MWDOC-specific provisions, such as Shared Services Program and grant funding, within a single, ten-year master agreement.

MWDOC’s residential and CII water use efficiency programs include a variety of incentives to promote water conservation. These include the installation of indoor and outdoor water-efficient devices, such as high-efficiency toilets, smart irrigation controllers, and spray-to-drip irrigation, as well as water-efficient yard transformations like turf replacement. These programs are administered by MWDOC and are made available to most customers throughout MWDOC’s service area. While many of the programs are available without requiring action from Member Agencies, participation in certain large-scale programs, such as turf replacement and spray-to-drip irrigation conversions, does require Member Agencies to actively elect to participate. Participation in these types of programs is entirely voluntary, allowing each agency to select the programs that align best with their community needs and conservation objectives.

MWDOC coordinates annually with participating Member Agencies to develop a program budget, and agencies are only invoiced for the specific programs they choose to implement. The City has successfully participated in various programs over the years and is currently active in the Turf Removal and Spray-to-Drip Irrigation programs. To formalize participation, MWDOC issues annual addenda to each Member Agency. These documents specify the agency’s selected programs and, where applicable, the level of participation. Some programs also allow for supplemental agency funding beyond Metropolitan’s contributions, however, the City has not provided additional funding for these programs to date.

On January 23, 2017, the City Council adopted Resolution 6710 approving the First Amendment to the MWDOC Agreement introducing several necessary revisions to the original agreement. These included updated inspection requirements for qualifying water-efficient devices and turf removal projects. The proposed Second Amendment seeks to: (1) extend the term of the agreement for an additional ten (10) years, through June 30, 2035; and (2) introduce minor revisions to the project descriptions to improve clarity and ensure the continued effectiveness and efficiency of the water use efficiency programs.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the approval of an agreement amendment with MWDOC will not have a significant effect on the environment.

Page 3 ends

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

Funding for the Water Use Efficiency Program is included in the adopted FY 2025-2026 budget, with anticipated participating expenditures totaling $8,000.

MWDOC programs are funded through the Water Fund Intergovernmental account 501-500-0900-51290.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7674 authorizing the City Manager to execute the Second Amendment to the Water Conservation Participation Agreement with the Municipal Water District of Orange County.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7674
B. Second Amendment to the Water Conservation Participation Agreement C. First Amendment to the Water Conservation Participation Agreement D. Water Conservation Participation Agreement
RESOLUTION 7674

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE WATER CONSERVATION PARTICIPATION

AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY
WHEREAS, on January 23, 2017, the City Council adopted Resolution 6710, approving the Water Conservation Participation Agreement (Agreement), dated July 1, 2015, and the First Amendment thereto, dated July 1, 2016, between the City of Seal Beach and the Municipal Water District of Orange County (Parties) for the City’s participation in certain water conservation programs; and,
WHEREAS, the parties now desire to amend the Agreement to extend the contract term from June 30, 2025 to and including June 30, 2035; and, WHEREAS, the parties intend to revise the administration provisions of the Agreement, update the retention policy, and clarify the inclusion of all incentive programs as provided in the Second Amendment.

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

Section 1. The City Council hereby approves the Second Amendment to the Water Conservation Participation Agreement between the City of Seal Beach and Municipal Water District of Orange County attached hereto as Exhibit “B” and incorporated herein by this reference as though set forth in full.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the Second Amendment.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28
th day of July 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 7674 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28
th day of July 2025.

Gloria D. Harper, City Clerk

Page 1 of 3 ends

21711883.2

SECOND AMENDMENT
TO

WATER CONSERVATION PARTICIPATION AGREEMENT
This Second Amendment to the Water Conservation Participation Agreement (“Second Amendment”) is effective on July 1, 2025 (“Effective Date”), by and between the Municipal Water District of Orange County (“MWDOC”) and City of
Seal Beach (“Participant Agency”). MWDOC and Participant Agency may be collectively referred to as “Parties” and individually as “Party.”

RECITALS
A. The Parties entered into a Water Conservation Participation Agreement dated July 1, 2015, regarding the Participant Agency’s participation in certain water conservation programs (“Agreement”). The Agreement was amended by the First Amendment to the Agreement ("First Amendment").

B. The Parties now intend to amend the Agreement with this Second Amendment to extend the term of the Agreement from June 30, 2025 to June 30, 2035.

C. The Parties also intend to update the agreement administration and the retention policy, and to clarify the inclusion of all incentive programs as provided in the Agreement as amended.

NOW, THEREFORE, the Parties agree as follows:

AMENDED TERMS OF AGREEMENT

1. The following Sections of the Agreement are hereby amended and shall now read as follows:
a. “1.1 This Agreement will be effective on July 1, 2015, and shall terminate on June 30, 2035 (“Term”). Continuance of this Agreement will be subject to annual budget approval by MWDOC’s Board of Directors.”
b. “1.4 This Agreement encompasses multiple conservation programs that provide incentives to consumers. Addenda to this Agreement will be issued for changes involving Metropolitan and/or MWDOC Board-approved items, grant funding, and changes to incentive programs, including funding and incentive levels. All Addenda are enforced for the duration of this Agreement unless the Addenda are amended or terminated by either Party.”
c. “2.2.1 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign

Page 2 of 3 ends

21711883.2
Addenda 3A through 3E in the spaces provided. If Participant Agency completes and signs Addenda 3A through 3E, Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addenda 3A through 3E. If the Participant Agency does not complete, sign, and return Addenda 3A through 3E, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by Section 2.2 or the provisions in Addenda 3A through 3E.”
d. “7.3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period beginning on the date the incentive is first awarded for a given application and respective project and ending seven years later.”

2. The word “Addendums” is hereby replaced by the word “Addenda” throughout the entire Agreement.

3. Authority to enter into Second Amendment. Each Party represents that the person executing this Second Amendment has the requisite power and authority to execute the Second Amendment and to bind each respective Party.

4. Continuing Effect of Agreement. Except as amended by this Second Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the First and Second Amendments.

5. Execution in Counterparts. This Second Amendment may be executed in duplicate counterparts, each of which shall be deemed an original.

MWDOC and Participant Agency have each caused this Second Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment.

MUNICIPAL WATER DISTRICT Approved as to Form:

OF ORANGE COUNTY
By: _______________________ By: _____________________
Harvey De La Torre Joseph Byrne
General Manager General Counsel
Date: _______________________ Date: _____________________

Page 3 of 3 ends

21711883.2
PARTICIPANT AGENCY Approved as to Form:

CITY OF SEAL BEACH
By: ______________________ By:

Patrick Gallegos
City Manager
______________________
Nicholas Ghirelli
City Attorney

Date: __________________________ Date: __________________________ July 14, 2025

Agenda Item I

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 2 to the
Professional Services Agreement with EXP U.S. Services, Inc. for On-Call Professional Engineering Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7675:

1. Approving Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc., dated July 22, 2019, extending the term of the Agreement for a fourth extension through and including June 30, 2026; and modifying the compensation to the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions; and,

2. Authorizing and directing the City Manager to execute Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. on behalf of the City.

BACKGROUND AND ANALYSIS:

On July 22, 2019, City Council adopted Resolution 6934, approving a Professional Services Agreement (Agreement) between EXP U.S. Services, Inc. (EXP) and the City of Seal Beach (City) for On-Call Professional Engineering Services (Services).

On July 22, 2024, the City adopted Resolution 7547, approving Amendment 1 to the Agreement for continued project design, support services, and final project close out.

The City issued purchase orders to EXP for two (2) Capital Improvement Project (CIP) design services - (1) FY 2023-2024 Arterial Resurfacing Project (CIP O-ST3); and (2) Seal Beach Boulevard at North Gate Road Improvement Project (CIP ST2301). The projects are currently still in the final stages of construction and project close out. CIP ST2301 involves state funding and will require extensive final project reporting. The City anticipates completion for both projects in Fall 2025.

Page 2 ends

As Amendment 1 to the Agreement expired on June 30, 2025, staff is requesting to enter into Amendment 2 extending the term of the Agreement through and including June 30, 2026, to cover the remaining duration for project support services and final project close out.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Amendment 2 to the Agreement with EXP will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There are no fiscal impacts related to the approval of Amendment 2 to the Agreement. Professional services will be expensed from the respective capital improvement program project budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7675:

2. Authorizing and directing the City Manager to execute Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. on behalf of the City.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:

A. Resolution 7675
B. Amendment 2 to Professional Services Agreement with EXP U.S. Services, Inc.

C. Amendment 1 to Professional Services Agreement with EXP U.S. Services, Inc. and Extension 1 and Extension 2
D. Professional Services Agreement with EXP U.S. Services, Inc.

RESOLUTION 7675

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH EXP U.S. SERVICES, INC. FOR ON-CALL

PROFESSIONAL ENGINEERING SERVICES
WHEREAS, on July 22, 2019, the City Council adopted Resolution 6934 approving a three (3) year Professional Services Agreement (Agreement) with EXP U.S.

Services, Inc. (EXP) to provide on-call professional engineering services in the amount of $300,000 for the three-year term, and authorizing the City Manager to extend the Agreement for up to two (2) additional one-year terms; and, WHEREAS, to date, the City previously exercised the Agreement’s two (2) allowable one-year term extensions and thereby extended the term to July 22, 2024; and,
WHEREAS, on July 22, 2024, pursuant to Resolution 7547, the City and EXP entered into Amendment 1 to the Agreement to further extend the Agreement term for a Third Extension through June 30, 2025, for a cumulative not-to-exceed compensation of $126,417 for the Second and Third Extensions; and, WHEREAS, the City desires to amend the Agreement with EXP pursuant to Amendment 2 to extend the term for a Fourth Extension through and including June 30, 2026, and to modify the cumulative compensation for the Second, Third and Fourth Extensions, as provided therein.

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

Section 1. The City Council hereby approves Amendment 2 to the Agreement dated July 22, 2019, between the City of Seal Beach and EXP U.S.

Services, Inc. as previously amended by Amendment 1 on July 22, 2024, extending the Agreement’s term through and including June 30, 2026 (Fourth Extension) for additional services required in connections with Amendment 2 to the Agreement and modifying the compensation for the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions.

Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 2.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 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 7675 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.

Gloria D. Harper, City Clerk
1 AMENDMENT 2

PROFESSIONAL SERVICES AGREEMENT
for
On-Call Professional Engineering Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
EXP U.S. Services, Inc.
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92408
T (714) 423-8171
This Amendment 2 (“Second Amendment”), dated July 28, 2025, amends that certain Professional Services Agreement (“Agreement”) dated July 22, 2019, as previously extended and thereafter amended by Amendment 1 dated July 22, 2024, by and between the City of Seal Beach (“City”), a California charter city and EXP U.S. Services, Inc. (“Consultant”), a California corporation.
2 RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional engineering services to City.

B. Effective July 22, 2019, City and Consultant entered into an agreement for Consultant to provide on-call professional engineering services for an Original Term ending July 22, 2022, for the total compensation of $300,000, with two optional oneyear terms at City’s election, contingent upon satisfactory performance of Consultant.

C. The Original Term was previously extended by extension letters pursuant to City’s election for an additional one-year term ending July 22, 2023 (“First Extension”), and for a second one-year term ending July 22, 2024 (Second Extension), for a total not-to-exceed amount of $100,000 for each extension.

D. Effective July 22, 2024, City adopted Resolution 7547 to further extend the contract term for a Third Extension through June 30, 2025, for a cumulative not-toexceed compensation of $126,417 for the Second and Third Extensions.

E. City and Consultant wish to amend the Agreement by this Second Amendment to extend the term for a Fourth Extension through June 30, 2026, for a cumulative not-to-exceed compensation of $150,000 for the Second, Third and Fourth Extensions, on the terms and conditions provided herein.

SECOND AMENDMENT
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. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is amended in its entirety to read as follows:
“1.1. Subject to Subparagraphs 1.1.1 and 1.1.2, Consultant shall provide those services set forth in the attached Exhibit A, which is hereby incorporated by this reference.

1.1.1. During the Third Extension and Fourth Extension (as defined in Section 2.0), Consultant shall provide the Services set forth in Exhibit A as modified by Exhibit A-1 (Purchase Order dated July 18, 2023) (“Modified Services”), which is hereby incorporated by this reference.

1.1.2. To the extent that there is any conflict between Exhibit A, Exhibit A-1, the Agreement, Amendment 1, and Second Amendment, the provisions of this Second Amendment shall control.”
3 Section 2. Subsection 2.4 is hereby added to Section 2.0 (Term) of the Agreement to read as follows:
“ 2.4. City previously extended the term of this Agreement through and including June 30, 2025 (the “Third Extension). The term of this Agreement is hereby extended from July 1, 2025 through and including June 30, 2026 (“Fourth Extension”), unless previously terminated as provided by the Agreement.”
Section 3. Subparagraph 3.2.1 of Subsection 3.2 of Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended in its entirety to read as follows:
“ 3.2.1. For the Modified Services performed in the Second, Third and Fourth Extensions (as defined by Section 2.0, above), City will pay Consultant in accordance with the hourly rates as shown on the fee schedule set for in Exhibits A and A-1, but in no event will the City pay more than the cumulative not-to-exceed amount of $150,000 for the Second, Third and Fourth Extensions of this Agreement.”
Section 4. All references to the term “Agreement” throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated July 22, 2019, the First Extension dated August 15, 2022, the Second Extension dated June 13, 2023, Amendment 1, and this Second Amendment, as if all of those terms are fully set forth therein.

Section 5. Except as expressly modified or supplemented by this Second Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement, First Extension, Second Extension, and Amendment 1, the provisions of this Second Amendment shall control.

Section 6. The persons executing this Second Amendment on behalf of Consultant warrants that he or she is each duly authorized to execute this Second Amendment on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Second Amendment. [SIGNATURES ON FOLLOWING PAGE]
4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed and attested by their proper officers thereunto:

CITY OF SEAL BEACH
By:

Patrick Gallegos, City Manager
Attest:

By:

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

By:

Nicholas Ghirelli, City Attorney
CONSULTANT: EXP U.S. Services, Inc.

By:

Name: _________________
Its: _______
By: _______
Name: Syed Raza_________________
Its: Vice President______
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
Abdollah Ansari
Vice President

Agenda Item J

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 1 to the Adopted Seal Beach Safety Action Plan
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7676:

1. Approving Amendment 1 to the City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo dated June 16, 2025, to the Plan originally adopted on January 13, 2025; and,

2. Authorizing and directing the City Manager, or their designee, to incorporate Amendment 1 into the adopted Safety Action Plan.

BACKGROUND AND ANALYSIS:

The Bipartisan Infrastructure Law (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and tribal initiatives through grants to prevent roadway deaths and serious injuries.

The SS4A program supports the United States Department of Transportation's (USDOT) National Roadway Safety Strategy and their goal of zero (0) roadway deaths. Additionally, the program supports the development of a comprehensive safety action plan (SAP) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues.

On June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, which funded the City’s SAP. On January 13, 2025, City Council accepted Resolution 7599, adopting the SAP.

On March 28, 2025, USDOT issued a Notice of Funding Opportunity for FY25 SS4A Funding. The City submitted a $5.4 million SAP implementation grant

Page 2 ends

Pre-Application for USDOT’s review, which yielded two (2) comments on the existing SAP sections, specifically those related to “Section 6 - Policy and Process Changes” and “Section 8 - Progress and Transparency.” Minagar and Associates, Inc. (Minagar) has prepared a Technical Memo dated June 16, 2025 (Attachment B) that addresses the comments and elaborates on the specific topics utilizing information already provided for within other sections of the SAP.

Because this update merely clarifies information already included in the report, it is considered an administrative amendment and, unlike the original SAP, does not require a public hearing. Accordingly, these changes were submitted as part of the City’s FY25 SS4A grant application, which was due on June 26, 2025, with the understanding that the updates would be ratified by the City Council at a future meeting.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15031(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the amendment to this SAP, in and of itself, may have a significant effect on the environment.

Further, this SAP amendment can be characterized as a planning study that does not lead directly to construction, and the State has determined this project meets the criteria for a categorical exemption under 23 CR 771.117(c)(1) of the National Environmental Policy Act (”NEPA”).

Future projects outlined in the SAP may require independent environmental review under CEQA. As a transportation improvement plan, the SAP will lead to individual project evaluations at a later stage.

LEGAL ANALYSIS:

The City Attorney has approved Amendment 1 and Resolution as to form.

FINANCIAL IMPACT:

There are no financial impacts related to the adoption of this item. The SAP will be utilized to apply for State and Federal funds for future implementation.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7676:

1. Approving Amendment 1 to the City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo dated June 16, 2025, to the Plan originally adopted on January 13, 2025; and,

2. Authorizing and directing the City Manager, or their designee, to incorporate Amendment 1 into the adopted Safety Action Plan.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7676
B. Amendment 1 - Minagar Technical Memo, dated June 16, 2025 C. Adopted Safety Action Plan, dated January 13, 2025 (Sections 6 & 8) RESOLUTION 7676

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
AMEND THE CITY’S ADOPTED SAFETY ACTION PLAN
WHEREAS, on June 12, 2023, the City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of $50,000, and authorizing an agreement between the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) and the City of Seal Beach (City) to assist with developing a Safety Action Plan (SAP) for the City; and,
WHEREAS, on January 13, 2024, the City Council adopted Resolution No. 7599, formally adopting the Seal Beach Safety Action Plan, prepared by Minagar & Associates, Inc. (Minagar); and,
WHEREAS, on March 25, 2025, the USDOT issued a Notice of Funding Opportunity for the Safe Streets and Roads for All (SS4A) program. As the implementation of the City’s Safety Action Plan qualifies as an eligible project, staff submitted a Pre-Application for review, which necessitated clarification on two existing sections of the SAP; and,
WHEREAS, Minagar prepared a Technical Memo, dated June 19, 2025, responding to USDOT’s comments, resulting in administrative amendments that do not require a public hearing; and,
WHEREAS, the administrative amendments were submitted as part of the City’s FY25 SS4A grant application on June 25, 2025, with the understanding that they would be ratified by the City Council at a future meeting; and, WHEREAS, amending the adopted Seal Beach Safety Action Plan will make the City eligible to apply for FY25 SS4A funding.

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 City of Seal Beach Safety Action Plan, as outlined in the Minagar Technical Memo, dated June 16, 2025, to the SAP originally adopted on January 13, 2025.

Section 2. The City Council hereby authorizes and directs the City Manager, or their designee, to incorporate Amendment 1 into the adopted SAP.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 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 7676 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.

Gloria D. Harper, City Clerk
MINAGAR & ASSOCIATES, INC.

Traffic/Civil/Electrical Engineering – ITS – Transportation Planning & CEM 23282 Mill Creek Drive, East Tower, Suite 120, Laguna Hills, CA 92653 Tel: (949) 707-1199, Ext. 2#, Web: www.minagarinc.com
1 June 16, 2025
Ms. Kathryne Cho, PE
Deputy Director of Public Works/City Engineer
Public Works Department
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Re: Amendment to the City of Seal Beach Safety Action Plan (SAP) – Additional Pages Dear Ms. Cho,
Subsequent to the adoption of the City Council Resolution 7599 for approving the City of Seal Beach’s Comprehensive Citywide Safety Action Plan (aka SAP) for the Document Execution and Submission of Necessary Applications for Future Implementation Grants and Related Obligation on January 13, 2025 and submittal to the Federal Highway Administration (FHWA), the aforementioned agency has requested for the elaboration and clarification on the following two sections of the Plan.

1. Section 6. Policy and Process Changes (former Page: 62, newly amended Page: 62)

2. Section 8. Progress and Transparency (former Page: 98, newly amended Page: 99) Minagar & Associates, Inc. team, has reviewed the request for additional clarifications and prepared the attached pages to amend the subject Plan. The approval of the presented two sections to amend the adopted Plan is necessary to secure the position of the City of Seal Beach for future Federal and State grants and fundings.

Please feel free to contact me directly with any additional questions you might have at (949) 707- 1199 ext. 2# or via e-mail at [email protected].

Sincerely,
MINAGAR & ASSOCIATES, INC. (a State of California Corporation) Fred Minagar, MS, RCE, PE, FITE
President/Senior Project Manager

6. Policy and Process Changes
In the City of Seal Beach Safety (City) Action Plan development, an assessment was conducted of current policies, plans guidelines, and/or standards to identify opportunities to improve processes that prioritize safety. The reviews were intended to identify changes that will emphasize safety for all road users, and other elements of the Safe System Approach. Establishing safety policies ensures better continuity of Safe System Approach elements as changes in the City’s administration occur. Policies which impact the base layers of the Safe Systems Pyramid (built environment, latent safety measures, and active safety measures), will be prioritized for implementation, acknowledging these layers have the greatest public health impact and require the least individual effort.

The Safe Systems Pyramid*
Background
The public health practice is founded on the ideas that health problems are preventable when addressed at the
population level, and that one should focus on preventing and controlling risk factors while promoting protective factors when possible.

Thesis
Utilizing a Safe Systems Approach calls for a paradigm
shift in transportation safety which requires transportation professionals to understand their roles as public health professionals and incorporate public health principles into their thinking and practice. The Safe Systems Pyramid
provides a framework for such thinking.

Source: Adapted from The Spectrum of Prevention - Prevention Institute; the article appeared in Injury Prevention (1999;5:203-207), a publication of the BMJ Publishing Group - Ederer et al. The Safe Systems Pyramid: A new framework for traffic safety, Transportation Research Interdisciplinary Perspectives, Volume 21, 2023
During the creation of this Safety Action Plan, the City also assessed existing safety-related policies, plans, and guidelines currently held by the Public Works and Police departments. The purpose of this review was to reflect on the measures the City is currently actioning and to propose changes that better prioritize safety. The review included, but was not limited to:
• Caltrans - District 12: Active Transportation Plan & Complete Streets, June 2022 • The California Endowment: A Guide to Active Transportation in Orange County, California Walks , Fall 2016
• City of Seal Beach, City Council Workshop, April 4, 2023 • Caltrans - District 12: Active Plan, 2020
• City of Seal Beach: General Plan, Circulation Element, Pages C4-62, Figures 2,15-20, December 2003
• Caltrans: Bike Classes Design, Complete Streets - Contextual Design Guidance, DIB 94, Section 5.1.2,3,4,5, January 16, 2024
• City of Seal Beach: Local Coastal Program, Implementation Plan, Draft, May 2, 2023 • City of Seal Beach: Local Roadway Transportation Plan (LRSP), KHA, May 2022

6.1 Key Policy and Process Changes
The City’s Safety Action Plan also lays out proactive steps the City will take to create a culture and climate of systemic safety by addressing key risk factors and barriers to safety that currently exist in Seal Beach. These include:

6.1.1 The City will commit to reducing traffic fatalities and serious injuries on the City’s roadways by 2040.

6.1.2 The City will commit to making design, maintenance, and operations decisions that prioritize safety, and will build off the outreach completed throughout this Safety Action Plan.

6.1.3 The City will commit to support areas zoned for increased density and infill development with transportation facilities and improvements to enable safer multimodal transportation options for present and future road users.

6.1.4 A citywide, proactive Speed Management Program following the FHWA Safe System Speed Management Framework will guide location-specific interventions in all focus areas.

6.1.5 Transportation connections to Equity Priority Communities (e.g., Leisure World) and underserved populations will be prioritized along major walk and bike routes and key transit corridors.

6.1.6 The City will look for opportunities to institutionalize safety into all aspects of policies, planning, programming, design, implementation, and maintenance, with a focus on those efforts that improve safety at the population scale through change to travel patterns, land use conditions, socioeconomic considerations, and built environment provisions.

6.1.7 Through the guidelines of the City’s transportation budget, funding sources and project selection/priorities will be re-evaluated to shift toward more proactive and strategic opportunities, enabling Seal Beach to address safety risk factors more efficiently.

6.1.8 The City will collaborate with partners and peers to make meaningful progress on cross-jurisdictional and cross-sector efforts.

In addition, and per discussions with the Public Works and Police department’s staff, the City will continue exploring new funding opportunities from the County, regional MPO and Transportation Authority, the State DOT (Caltrans) and applicable Federal agencies to implement plans and programs to increase public safety and, in particular, to reduce traffic related injuries and fatalities.

8. Progress and Transparency
The City of Seal Beach (City) Safety Action Plan (SAP) serves as a living document that provides a variety of high-level strategies and location-specific safety projects. The SAP can be used in coordination with the neighboring cities as well as the partner agencies and long-range planning efforts. The City staff are well-equipped to oversee SAP implementation and to monitor the progress of SAP identified projects/strategies. The SAP implementation process will be incorporated into City procedures such as CIP planning. Also, to facilitate regional coordination and minimize administrative efforts, City staff may participate in regional transportation safety committees organized by Caltrans - District 12, Orange County Transportation Authority (OCTA) and Southern California Association of Governments (SCAG). Additionally. The City, as a municipal corporation and the recipient of Federal grant funding for the SAP, is also committed to, at a minimum, annual public and accessible reporting on progress toward reducing roadway fatalities and serious injuries, and public posting of the SAP online via the City’s website.

The following sections describe future actions to keep this living document current and relevant to City’s needs.

8.1 Implementation Progress
The City’s safety focused departments including Public Works and Police departments, Marine Safety and Naval Weapons Station will meet once a quarter to discuss SAP new recommendations, project updates, and other strategies. These meetings will ensure ongoing transparency and will incorporate, as applicable, the following elements:
• Review public concerns and requests,
• Additional new safety initiatives that have recently been identified, • Grant funding application opportunities, and
• Ongoing implementation updates from the SAP.

Further, input obtained during public outreach efforts for transportation planning or projects should be discussed during the Technical Committee meetings.

Additional activities that the City will consider to progress the SAP include:
• Coordinate with area residents, partner agencies, and stakeholders for data collection, public outreach, and shared analyses (i.e., Leisure World and the Naval Weapons Station). • Evaluate funding opportunities to pursue grants at the regional, state, and federal levels. • Leverage capital project efforts to accelerate overlapping SAP identified elements. • Use data-driven processes to prioritize projects and implementation strategies.

Finally, the City will develop a high-level dashboard for tracking progress as SAP implementation occurs. This dashboard can also be used to share data and implementation progress with the public and key stakeholders.

8.2 Data Maintenance
The City will endeavor to coordinate with California Highway Patrol (for SWITRS & CCRS), University of California at Berkeley (for TIMS), SCAG (for HIN) and adjacent jurisdictions to update the crash and equity data associated with the SAP each year.

8.3 Transparency & Reporting
Regular documentation and reporting on the SAP implementation progress is helpful for its longterm success and educational impact. As needed, documentation will be prepared for external funding opportunities, City department meetings, public outreach, and other implementation activities. The SAP is posted on the City’s website, and the City will evaluate the best manner in which to present the dashboard displaying progress towards the SAP goals (reducing roadway fatalities and serious injuries) in a public and accessible report updated annually as part of the City’s budget process. The full version of the current publicly posted SAP can be viewed at:
https://www.sealbeachca.gov/Departments/Public-Works/Traffic-Transportation Final Safety Action Plan
City of Seal Beach, CA
______________________________________________________________________________ ______________________________________________________________________________ 62 MINAGAR & ASSOCIATES, INC.

6. Policy and Process Changes
In the Seal Beach Safety Action Plan development, an assessment of current policies, plans guidelines, and/or standards to identify opportunities to improve how processes prioritize safety was conducted. Per the discussions with the Public Works and Police Departments staff, no specific policy and/or process changes are suggested during this cycle of review and assessment is suggested. However, the Public Works Department as the lead Department will continue exploring new funding opportunities form the County, regional MPO and Transportation Authority, the State DOT (Caltrans) and Federal agencies to implement plans and programs to increase public safety and in particular to reduce traffic related injuries and fatalities.

7. Strategy and Project Selections
The project team identified four major emphasis areas for the city by utilizing the aforementioned analysis that included primary collision factors. The Strategic Highway Safety Plan (SHSP) addresses the “5 Es” of traffic safety: Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies. Each emphasis area utilizes the 5 Es addressed by SHSP, the following emphasis areas are discussed and analyzed in this section.

1. High Collision Intersections

2. High Collision Roadway Segments

3. Rear End Collisions Due to Unsafe Speeds

4. Broadside Collisions Due to Improper Turning or Automobile Right-of-Way

7.1 Traffic Safety For High Collision Intersections/Focus Locations The most prominent emphasis area is high collision intersections since most of the collisions in the City of Seal Beach occurred on intersections. Each intersection has its own unique geometry, therefore, an analysis of each of the prominent fifteen (15) intersections in the City of Seal Beach was concluded to understand the factors leading to collisions.

Education
● Conduct public information and education
campaigns for safety laws regarding a safe
approach to an intersection.
● Raise awareness of the necessity of abiding
by the traffic safety laws.

Engineering
● Identify and rank high collision intersections within the City every two to three years.

Consider information obtained from public input and feedback regarding unreported collisions to supplement Collision data.
● Evaluate the primary factors leading to collisions at high collision intersections ● Develop and implement countermeasures to tackle those factors.

Final Safety Action Plan
City of Seal Beach, CA
______________________________________________________________________________ ______________________________________________________________________________ 98 MINAGAR & ASSOCIATES, INC.

8. Progress and Transparency
The City of Seal Beach as a municipal corporation and the recipient of this Federal grant funding for the Safety Action Plan is committed, at a minimum, annual public and accessible reporting on progress toward reducing roadway fatalities and serious injuries, and public posting of the Action Plan online.

9. Action Plan
At each of the aforementioned focus high collision intersections and street segments/corridors, the collision patterns have been evaluated and countermeasures to those patterns have been developed through a preliminary conceptual plan and the preliminary cost of those measures has been estimated. This section of this report summarizes those results.

This Local Safety Plan is funded through a Highway Safety Improvement Program (HSIP) grant from the California Department of Transportation (Caltrans). HSIP grant funding is prioritized and awarded based on the grant funding's economic effectiveness, which is established by a benefit to cost ratio. For the HSIP Cycle 12 call for projects, the minimum Benefit to Cost Ratio is 3.5. A summary of the benefit to cost ratios is provided in this section. Project cost estimates, as of December 16, 2024, are calculated on a line-item basis using the Caltrans Contract Cost Database. In some cases, recent construction bids and benefit values are calculated based on Caltrans established countermeasure values. A summation of the total construction cost as of December 16, 2024, of all intersections and road segments are displayed at the end of the report.

Depending on the City’s priorities, it is highly recommended that multiple projects as provided below are grouped into one HSIP application to maximize potential funding allocations. It is also highly recommended that since each funding source has a different cycle length and/or application deadline, multiple sources to be explored to maximize the outcome in order to be able to secure funding and implement and construct the safety projects.

Agenda Item K

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Amendment 1 to the
Professional Services Agreement for Professional
Automation Design, Installation, and Implementation
Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7677:

1. Approving Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services with Partners in Control, Inc. dba Enterprise Automation, dated April 8, 2025, modifying the scope of services and increasing compensation by $19,082.99 for a total not-to-exceed amount of $53,050.99 for the term of the agreement; and,

2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.

BACKGROUND AND ANALYSIS:

On April 8, 2025, City entered into an informal Professional Services Agreement (Agreement) with Partners in Control, Inc. dba Enterprise Automation (EA) to perform professional automation design, installation, and implementation services.

The goal of this project was to provide a holistic understanding of the City’s utility sites and incorporate the 1st and 8th Street Sewer Lift Station sites into the existing Supervisory Control and Data Acquisition (SCADA) system to provide remote monitoring, alarm functions, and trending capabilities of the site.

Following the execution of the agreement, EA performed an in-depth field visit to the site to determine the status of the existing control panels. The field visit provided a firm path forward regarding the execution of the project, which entailed the need to amend the original scope of work. It identified additional components that will need to be restored and replaced to successfully achieve the project’s

Page 2 ends

primary goal. The extent of the project change includes replacing existing worn cables and hardware, as well as establishing radio operability on site.

ENVIRONMENTAL IMPACT:

This item is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1(b) of the state CEQA Guidelines because this project includes a minor alteration of existing public facilities involving negligible or no expansion of existing or former use.

LEGAL ANALYSIS:

The City Attorney has approved Amendment 1 and Resolution as to form.

FINANCIAL IMPACT:

Sufficient funding is available in the FY 2025-2026 Budget under the Capital Improvement Program WT1801 SCADA Improvement Upgrade Project.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7677:

2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Director of Public Works – Maintenance/Utilities

Page 3 ends

ATTACHMENTS:

A. Resolution 7677
B. Amendment No. 1 to Professional Services Agreement with Partners in Control, Inc., dba Enterprise Automation
C. Professional Services Agreement with Partners in Control, Inc., dba Enterprise Automation
RESOLUTION 7677

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH PARTNERS IN CONTROL, INC., DBA ENTERPRISE

AUTOMATION FOR PROFESSIONAL AUTOMATION DESIGN,

INSTALLATION, AND IMPLEMENTATION SERVICES
WHEREAS, on April 8, 2025, City entered into an informal Professional Services Agreement (Agreement) with Partners in Control, Inc., dba Enterprise Automation (EA) for Professional Automation Design, Installation, and Implementation Services; and, WHEREAS, EA conducted a comprehensive field visit to the 1st and 8th Street Sewer Lift Station sites to assess the condition and status of the existing control panels, which led to a revised scope of work and, consequently, the need to amend their compensation; and,
WHEREAS, the City desires to amend the Agreement with EA to modify the scope of services and increase the compensation by $19,082.99, resulting in a revised not-toexceed contract amount of $53,050.99 for the original term.

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 Professional Service Agreement dated April 8, 2025, modifying the scope of services and increasing the compensation by $19,082.99, for a revised not-toexceed amount of $53,050.99 for the original term of the Agreement.

Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 1.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 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 7677 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.

Gloria D. Harper, City Clerk
AMENDMENT 1

PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Partners in Control, Inc. dba Enterprise Automation
9050 Irvine Center Dr., Suite 200
Irvine, CA 92618
(949) 769-6000
This Amendment 1 (or “First Amendment”), dated July 28th, 2025, amends that certain agreement (“Agreement”) dated April 8th, 2025, by and between the City of Seal Beach (“City”), a California charter city and Partners in Control, Inc., dba Enterprise Automation. (“Consultant”), a California corporation.

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides public works support services to City.

B. City and Consultant wish to amend the Agreement to supplement the scope of services and increase Consultant’s compensation by $19,082.99 for additional services required in connection with the Project, for a revised total contract amount not to exceed $53,050.99, as provided herein.

AMENDMENT 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. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is hereby amended in its entirety to read as follows:
“1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services, materials, equipment, devices, processes and other work (collectively “Services”) set forth in Consultant’s accepted Proposal (“Proposal”), attached hereto as Exhibit A, and Consultant’s supplemental proposal (“Supplemental Proposal”) attached hereto as Exhibit A-1, and incorporated herein by this reference, all to City’s reasonable satisfaction. The Services relate to the following City project:

WT1801 SCADA Improvement Upgrade Project.”
Section 2. Subsection 1.2 of Section 1.0 (Scope of Services) of the Agreement is hereby amended in its entirety to read as follows:
“1.2. Agreement Documents and Incorporation by Reference; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement
itself, and all of the following: (i) the Proposal, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A)’ (ii) the Supplemental Proposal including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A-1); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit B), all of which exhibits are incorporated herein by this reference.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the Proposal); and then (iv) Exhibit A-1 (the Supplemental Proposal) shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, A-1, or B, on the other hand, the Agreement shall control.”
Section 3. Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended to read as follows:
“3.0 Consultant’s Compensation

3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A for the Services and Exhibit A-1 for the Supplemental Services, but in no event will City pay more than the total not-to-exceed amount of $53,050.99 (Fifty Three Thousand Fifty Dollars and Ninety-Nine Cents) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedules set forth in Exhibit A and A-1 and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.”
Section 4. All references to the term “Agreement” throughout Sections 1.0 through 42.0, inclusive of the Agreement are hereby modified to include the Agreement dated April 28, 2025 and this First Amendment dated July 28, 2025, as if all terms are fully set forth therein.

Section 5. Except as expressly modified or supplemented by this Amendment 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment 1 and the provisions of the Agreement, the provisions of this Amendment 1 shall control.

Section 6. This Amendment 1 shall be effective as of July 28, 2025.

Section 7. The persons executing this Amendment 1 on behalf of the Contractor each warrant that he or she is each duly authorized to execute this Amendment 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment 1.

IN WITNESS WHEREOF, the Parties hereto, through their respective representatives have executed this Amendment 1 as of the date and year first above written.

CITY OF SEAL BEACH
By:

Patrick Gallegos, City Manager
Attest:

By:

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

By:

Nick Ghirelli, City Attorney

CONSULTANT
By:

Name:

Its:

By:

Name:

Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: ( i) the
chairperson of the board, the president
or any vice president, and ( ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
Luke Stephenson
President
Preston Hopson
Secretary

EXHIBIT A-1

SUPPLEMENTAL PROPOSAL
(ENTERPRISE AUTOMATION CHANGE ORDER 01 --
RADIO REPAIRS, DATED JUNE 11, 2025)
Site SCADA Upgrades, Change Order 01
EA Project Number: EA25SEA227, v1.0.0
9050 Irvine Center Drive, Irvine, CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Change Order 01
Site SCADA Upgrades
Page Number: 1 of 3
Change Order 01 – Radio Repairs
EA25SEA227
City of Seal Beach
June 11, 2025
Mr. Darrick Escobedo
This letter represents Enterprise Automation’s (EA) formal request to ammend or alter the scope, schedule, fee, or other pertinent project documents. A description of the project modifications is contained hereafter.

Justification for Project Change
EA performed a site visit performed on My 28th, 2025, as part of the project to integrate the 1st Street Lift Station into the City of Seal Beach’s existing Ignition SCADA System.

Two EA engineers performed the site visit as part of the original project scope of work and collected information at both the 1st and 8th Street sites. The intent of the investigation was to determine the status of the radio link between the 1st and 8th Street control panels, investigate the communications infrastructure between them and SCADA, and to collect backups to facilitate development of the 1st Street SCADA screen.

The engineers identified that 1st Street is not communicating with SCADA as originally assumed, and that the City’s SCADA system currently has no configured interfaces or tags for 1st street.

1. Conclusions

1. The 1st St Radio is non-operational
i. 1st St Lightning Surge Arrestor (LSA) is severely corroded ii. 1st St Ethernet cable from the radio to the LSA is corroded iii. 1st St Ethernet cable from the LSA to the Power Over Ethernet (PoE) injector is corroded
iv. Status of the radio itself is undetermined due to the afore-mentioned issues

2. The 8th St Radio status is undetermined as no indicator lights were present at the control panel Ethernet switch

3. The 1st St PLC program backup was not found on City Servers and the City was unable to obtain a backup from the original programmer, Bristol Babcock

4. The 1st St PLC seems to have communicated with the SCADA computer at one time, but it was never fully configured in Ignition or Kepware (communications software that goes between the PLC and SCADA).

Site SCADA Upgrades, Change Order 01
EA Project Number: EA25SEA227, v1.0.0
9050 Irvine Center Drive, Irvine, CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Change Order 01
Site SCADA Upgrades
Page Number: 2 of 3
Description of Project Change

1. Restore communications between 1st St and 8th St
i. Replace worn components

1. 1st St LSA

2. Ethernet cable from the 1st St radio to the LSA

3. 1st St Ethernet cable from the LSA to the Power Over Ethernet (PoE) injector, which powers the radio

4. New Radios at both 1st and 8th street

5. Replace Ethernet cable from 8th St. radio to 8th St. PLC Panel Ethernet Switch
ii. Test radio operability on site
iii. Test communications between 1st and 8th St. panels and SCADA Server

1. Check to see if Kepware (or ping test) detects good quality data from 1st St

2. Obtain the 1st PLC program leveraging the City’s programming license and software to extract a backup from the field. If we are unable to extract a program, EA will configure a new program.

Schedule Effect
☒ Delay ☐ Advance ☐ None ☐ Unknown
Cost Estimate
Task Hours Cost
Subcontract ATG to complete the hardware
replacement and comms testing
n/a $12,346.99
EA support and management of the
contractor
26 $ 6,736.00
Total Change Order Value $19,082.99
Conclusion
I welcome any further discussion that may facilitate the refinement of this scope of work. Please contact me on our main office number (949) 769-6000 x 124 or alternatively on my cell phone at (949) 378-7087 with any questions.

Thank you,
Alex Stipe
Sales Manager
Site SCADA Upgrades, Change Order 01
EA Project Number: EA25SEA227, v1.0.0
9050 Irvine Center Drive, Irvine, CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Change Order 01
Site SCADA Upgrades
Page Number: 3 of 3
Assumptions & Clarifications
Terms and conditions are per the original Purchase Order.

Change Order Log
Change
Order #
Description Proposed
Price
Status Approved
Price
- Original Contract - N/A $33,968.00
1 CO1 Radio Hardware Repairs $19,082.99 Submitted

TOTAL APPROVED AMOUNT $33,968.00
TOTAL PENDING CHANGE ORDERS $19,082.99
TOTAL APPROVED + PENDING CHANGE ORDERS $53,050.99

Agenda Item L

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Westminster Animal Group and Services (WAGS) Animal Shelter Services Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7678:

1. Approving and authorizing the City Manager or their designee to execute the Agreement with the Westminster Adoption Group and Services (WAGS) to provide animal shelter and emergency veterinary care services for the City of Seal Beach for a three-year term; with the option to extend the Agreement for up to two additional one-year terms, at the not-to-exceed amount of $138,000 for the first year; and for each subsequent year for the not-to-exceed amount of $138,000 as adjusted by the lesser of inflation or 5% for each additional year; and,

2. Adding provisions to provide emergency veterinary care services for the City of Seal Beach for a not-to-exceed amount of $40,000 per year; and,

3. Approving a Trap-Neuter-Release (TNR) Program as elected by the City, for an amount not-to-exceed $5,000 per year; and,

4. Authorizing an additional $10,000 per year, for emergency care, at the City Manager’s discretion; and,

5. Authorizing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and,

6. Authorizing and directing the City Manager or their designee to execute the Agreement.

BACKGROUND AND ANALYSIS:

On July 1, 2023, the City of Seal Beach (City) launched an in-house animal control program for the first time in many years. After a competitive Request for Proposals

Page 2 ends

(RFP) process, WAGS was selected to be the City’s designated animal shelter.

This decision followed a thorough evaluation of multiple factors to ensure that the chosen provider could meet the specific needs of the community. The City Council approved the selection of WAGS in early 2023, recognizing their ability to offer comprehensive and compassionate care for the animals of Seal Beach. WAGS’ proven track record in animal services and their commitment to best practices were key factors in their selection, ensuring that the new in-house animal control program would be supported by a reliable and experienced partner. A two-year agreement was entered into with WAGS effective June 26, 2023, for the time period July 1, 2023 to and including June 30, 2025.

As the in-house animal control program was a new initiative, the City anticipated a period of adjustment and learning. Initially, the estimates for the program's activity levels were based on data provided by the previous contractor, the City of Long Beach, regarding the number of calls for service and animal interactions. However, the City quickly realized that these estimates were insufficient. The Seal Beach community was significantly underserved by Long Beach, and as a result, the Seal Beach Animal Control Program has more than doubled the number of animal control calls received. Furthermore, the number of animals taken or delivered to WAGS by residents within Seal Beach has more than doubled the initial estimates, even within the first six months of the contract with WAGS.

In response to the increased number of animals and the associated costs of providing services, WAGS has requested additional funding, which was granted in July 2024 under Amendment 1 to the previous contract. This adjustment was necessary as the initial estimates did not account for the actual demand and activity levels experienced during the first year of the new program.

Unfortunately, costs associated to animal care are rising at rates higher than Consumer Price Index (CPI), for a myriad of reasons including substantial increases in veterinary supplies and care. Due to these circumstances, a new Professional Services Agreement was proposed.

The new Professional Services Agreement is for a three (3) year term, with a monthly fee of $11,500 during year one, for a total not-to-exceed amount of $138,000 and increases during year two and three of a range from CPI up to, but not to exceed, 5% per year. The Agreement provides an option for two (2) oneyear extensions.

In addition to the funding increase, the City also amended the language of the agreement to reflect industry best practices, particularly concerning community cats (formerly referred to as stray cats), the Trap-Neuter-Release (TNR) program, and return-to-home initiatives. The TNR program involves trapping community cats, neutering them, and then returning them to their original location to manage the population humanely and effectively. The return-to-home initiative focuses on reuniting cats who live in the community to a safe place where they were found.

By incorporating these best practices, the program aligns with industry standards,

Page 3 ends

ensuring that the City provides the best care for the animals in Seal Beach. The TNR Program has a not-to-exceed amount of $5,000 per year.

Furthermore, due to changes within the emergency veterinary industry, the City was no longer able to work with its previously designated emergency vet clinic. As part of this amendment, WAGS began providing emergency care for sick or injured animals through their designated medical provider. For these emergency care services, the City allocated a budget of up to $40,000, with an additional $10,000 available at the Interim City Manager's discretion. All decisions regarding emergency care, beyond basic triage and assessment, require approval from a member of the Seal Beach Police Department Command Staff. These emergency services are billed on an as needed, a la carte, basis.

ENVIRONMENTAL IMPACT:

The item is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the Professional Service Agreement with Westminster Animal Group and Services will not have a significant effect on the environment.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

Sufficient funds were allocated in the adopted 2025-2026 Fiscal Year budget for anticipated expenditures. Should incidental costs exceed projections, staff will return to Council.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7678:

Page 4 ends

2. Adding provisions to provide emergency veterinary care services for the City of Seal Beach for a not-to-exceed amount of $40,000 per year; and,

3. Approving a Trap-Neuter-Release (TNR) Program as elected by the City, for an amount not-to-exceed $5,000 per year; and,

4. Authorizing an additional $10,000 per year, for emergency care, at the City Manager’s discretion; and,

5. Authorizing the City Manager to authorize payments as outlined in the event of hoarder/breeder animals; and,

6. Authorizing and directing the City Manager or their designee to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7678
B. Professional Services Agreement
RESOLUTION 7678

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

AND AUTHORIZING THE AMENDED AND RESTATED AGREEMENT

FOR ANIMAL SHELTER SERVICES WITH WESTMINSTER

ADOPTION GROUP AND SERVICES (WAGS) FOR ANIMAL

SHELTER AND EMERGENCY VETERINARY CARE SERVICES
WHEREAS, the City of Seal Beach (“City”) and Westminster Adopting Group and Services (WAGS) (“Contractor”) are parties to an Agreement for Animal Shelter Services entered into on June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024 (collectively the “original agreement”) pursuant to which Contractor provides animal shelter services, including veterinary care services, to City; and, WHEREAS, the original agreement provides for an initial term of two years extending from July 1, 2023 through June 30, 2025, and further provides that City may elect to exercise an option to renew the agreement for up to three additional one-year extensions; and,
WHEREAS, due to the increased cost of veterinary services, City and Contractor desire to adopt a new agreement updating and superseding the original agreement with respect to compensation based on the lesser of inflation or 5% each year; and, NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:

Section 1. The City Council hereby approves the Amended and Restated Agreement for Animal Shelter Services (“Agreement”) with Westminster Adoption Group and Services (WAGS) (“Contractor”) as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full, as follows: (i) for a three-year term extending from July 1, 2025 through June 30, 2028, with the option to extend the Agreement for up to two additional one-year terms; (ii) providing Contractor with compensation for basic animal shelter services in the not-to-exceed amount of $138,000 for the first year of the term; (iii) providing Contractor with compensation for basic animal shelter services for each subsequent year for the not-toexceed amount of $138,000 as adjusted by the lesser of inflation or 5% for each additional year; and (iv) and for Contractor to further provide emergency veterinary care services for a not-to-exceed amount of $40,000 per year; and (v) for a TNR Program as elected by the City at the not-toexceed total amount of $5,000 per year; and (vi) authorizing the Interim City Manager to an additional $10,000 per year for emergency care at the Interim City Manager’s discretion; and (vii) authorizing the Interim City Manager to authorize payments in the not-to-exceed amounts as outlined in the event of hoarder/breeder animals.

Section 2. The City Council hereby authorizes the Interim City Manager and City Attorney to make minor revisions to the Agreement that do not increase the non-to-exceed amounts for services set forth above.

Section 3. The Council hereby directs the Interim City Manager to execute the Agreement for Animal Shelter Services with Contractor on behalf of the City.

Section 4. Upon the effective date of the Agreement, the Agreement shall supersede the original agreement in its entirety, and the original agreement shall have no further force and effect.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July, 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 7678 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July, 2025.

Gloria D. Harper, City Clerk

AMENDED AND RESTATED AGREEMENT
for
Animal Shelter Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Westminster Adoption Group and Services (“WAGS”)
6621 Westminster Boulevard
Westminster, CA 92683
(714) 887-6156
This Amended and Restated Agreement for Animal Shelter Services (“the Agreement”) is made as of July 1, 2025 (the “Effective Date”), by and between WESTMINSTER ADOPTION GROUP AND SERVICES (“CONTRACTOR”), a California non-profit public benefit corporation, and the City of Seal Beach (“CITY”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. CITY and CONTRACTOR are parties to an agreement entered into on June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024, pursuant to which CONTRACTOR provides Animal Shelter Services to CITY.

The June 26, 2023 agreement and Amendment No. 1 are collectively referred to as the “original agreement.”
B. The original agreement provides for an initial term of two years extending from July 1, 2023 through June 30, 2025, and further provides that CITY may elect to exercise an option to renew the agreement for up to three additional one-year extensions.

C. CONTRACTOR has extensive experience providing Animal Shelter Services for CITY, and is able to provide personnel with the requisite experience and background to carry out these duties on an amended fee basis due to the increasing costs for shelter services.

D. CITY desires to continue to engage CONTRACTOR as an
independent contractor to provide Animal Shelter Services to CITY, and CONTRACTOR desires to continue to serve CITY to perform those professional services in accordance with the terms and conditions of this Amended and Restated Agreement.

E. Upon approval by City and execution by all Parties, this Agreement shall supersede the original agreement in its entirety, and the original agreement shall have no further force or effect.

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

AGREEMENT
I. SERVICES TO BE PERFORMED
A. Except as otherwise modified by this Agreement, CONTRACTOR shall provide those services (collectively “Services”) contained in CONTRACTOR’S Proposal dated June 19, 2025, attached hereto as Exhibit A, WAGS Contracted Monthly Services Fee Details dated June 19, 2025, attached as Exhibit B, (WAGS Scope of Emergency Services); attached hereto as Exhibit C, and WAGS Addendum: Emergency Procedures. attached hereto as Exhibit D, which such exhibits are incorporated herein by this reference as though set forth in full.
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B. In the event of any conflict or inconsistency between the terms of this Agreement and any of the Exhibits, the Order of Precedence shall be as follows: (i) this Agreement, and then (ii) Exhibit C (WAGS Contracted Monthly Services Fee Details), and then (iii) Exhibit A (CONTRACTOR’s Proposal), (iv) Exhibit C (WAGS Scope of Emergency Services); and then (v) Exhibit D (WAGS Addendum: Emergency Procedures).

C. CONTRACTOR will not be compensated for any work performed not specified in the Scope of Services unless the CITY authorizes such work in advance and in writing. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable. 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.

II. TIME FOR PERFORMANCE; TERM; EXTENSIONS
A. Commencement of Services.

CONTRACTOR shall begin work on July 1, 2025, following execution of this Agreement by CONTRACTOR and CITY.

B. Term.

The term of this Agreement shall commence on July 1, 2025, and shall remain in full force and effect for three years (“Original Term”), and shall expire at midnight on June 30, 2028, unless sooner terminated or extended as provided by this Agreement.

C. Extensions.

CITY, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to CONTRACTOR at least one month prior to the expiration of an existing term. If timely elected by CITY, the first extension shall have a term extending from July 1, 2028 through and including June 30, 2029, unless sooner terminated or extended pursuant to this Agreement. If timely elected by CITY, the second extension shall be from July 1, 2029 through and including June 30, 2030, unless sooner terminated or extended 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.

Service of a notice of extension by CITY shall not prevent either party from issuing a notice of termination pursuant to Section VII of this Agreement. 4 of 26
III. PERFORMANCE TO REASONABLE SATISFACTION OF CITY
CONTRACTOR agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified. Evaluations of the work will be done by the City Manager or his/her designee. If the quality of work is not reasonably satisfactory, CITY, in its discretion, has the right to:

A. Meet with CONTRACTOR to review the quality of the work and resolve the matter(s) of concern;
B. Require CONTRACTOR to reproduce the work at no additional fee until it is satisfactory; and/or
C. Terminate the Agreement as hereinafter set forth.

IV. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State, and Federal laws.

V. FAMILIARITY WITH WORK
By execution of this Agreement, CONTRACTOR warrants that:

A. It has thoroughly investigated and considered the work to be performed;
B. It possesses any and all licenses which are required under State or Federal law to perform the work contemplated by this Agreement, and shall maintain all appropriate licenses during the performance of this Agreement; C. It has expertise in the area of providing program management professional services;
D. It carefully considered how the work should be performed; and E. It fully understands the difficulties and restrictions attending the performance of the work under this Agreement.

VI. COMPENSATION
A. Original Term.

For the provision of the Services rendered under this Agreement in accordance with the Scope of Services set forth in Section I and attached hereto as Exhibit A, Exhibit C, and Exhibit D, and all expenses associated therewith, CITY shall pay CONTRACTOR the amounts specified under CONTRACTOR’s WAGS Contracted Monthly Services Fee Details, included in Exhibit B, in accordance with the terms and conditions set forth in this Subsection. 5 of 26

1. First Year (Original Term). Except as provided in
Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details set forth in Exhibit B but in no event will the CITY pay more than $11,500 (Eleven Thousand Five Hundred dollars and 00/100) per month or the total not-to-exceed amount of $138,000 (One Hundred Thirty Eight Thousand dollars and 00/100) for basic animal shelter services the first year of the Original Term.

2. Second Year (Original Term). Except as otherwise provided in Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) for the Services as adjusted by the lesser of the increase in the Consumer Price Index (“CPI”) as defined in Subsection C, or five percent (5%), and in no event will CITY pay more than $12,075 (Twelve Thousand Seventy-Five dollars and 00/100) per month or the total not-to-exceed amount of $144,900 (One Hundred Forty-Four Thousand dollars and 00/100) for the second year of the Original Term.

3. Third Year (Original Term). Except as otherwise provided in Paragraphs 4 and 5 of this Subsection A, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) for the Services as adjusted by the lesser of the increase in the Consumer Price Index (“CPI”) as defined in Subsection C, or five percent (5%), and in no event will CITY pay more than $12,678.75 (Twelve Thousand Six Hundred Seventy-Eight dollars and 75/100) per month or the total not-to-exceed amount of $152,145 (One Hundred Fifty Two Thousand One Hundred Forty-Five dollars and 00/100) for the third year of the Original Term.

4. Emergency Medical Care (Original Term).
(a) First Year Original Term. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty-Thousand dollars and 00/100) for emergency medical care for the First Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the First Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization.
(b) Second Year Original Term. For emergency medical
care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) 6 of 26
per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty-Thousand dollars and 00/100) for emergency medical care for the Second Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Second Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization. (c) Third Year Original Term. For emergency medical
care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty Thousand dollars and 00/100) for emergency medical care for the Third Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Third Year of the Original Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (4) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization.

5. Trap Neuter Release (“TNR”) Program (Original Term). For a TNR Program for cats as elected by CITY, CITY will pay at the rate of $50.00 per male cat and $75.00 per female cat; and those two sets of additional costs will not exceed the total not-to-exceed amount of $5,000 (Five Thousand Dollars and 00/100) for all animals per year, for each year of the Original Term, except as otherwise authorized in writing in advance by the City Manager or his designee.

6. Hoarder/Breeder Animals (Original Term). For
hoarder/breeder animals brought to CONTRACTOR, subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten Thousand dollars and 00/100); (c) for more than 75 animals in one case, a one-time stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars).

B. Extensions.

For the provision of the Services rendered under this Agreement during each extension (as defined in Subsection C of Section II), in accordance with the Scope of Services set forth in Section I, CITY shall pay CONTRACTOR the amounts specified under the WAGS Contracted Monthly Services Fee Details 7 of 26
(Exhibit B), as adjusted in accordance with the terms and conditions set forth in this Subsection. No adjustment amount shall be due, owing or paid to CONTRACTOR by CITY until approved in writing, in advance, by the City Manager.

1. First Extension. Except as provided in Paragraphs 3 and 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or five percent (5%), and in no event will CITY pay more than $13,312.69 per month (Thirteen Thousand Three Hundred Twelve dollars and 69/100), due to rounding, and the total not-to-exceed amount of $159,752.28 (One Hundred Fifty Nine Thousand Seven Hundred Fifty Two dollars and 28/100 for the first extension.

2. Second Extension. Except as provided in Paragraphs 3 and 4 of this Subsection B, CITY will pay CONTRACTOR in accordance with the monthly rate shown on the WAGS Contracted Monthly Services Fee Details (Exhibit B) as adjusted by the lesser of the increase in the CPI (as defined in Subsection C) or five percent (5%), and in no event will CITY pay more than $13,978.32 per month (Thirteen Thousand Nine Hundred Seventy Eighty Thousand dollars and 32/100) and the total not-to-exceed amount of $167,739.84 (One Hundred Sixty Seven Thousand Seven Hundred Thirty Nine dollars and 84/100 for the second extension.

3. Emergency Medical Care (Extensions).
(a) First Extension. For emergency medical care within
the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (Forty Thousand dollars and 00/100) for emergency medical care for the First Extension, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the First Extension. Any additional work authorized by the City Manager or designee pursuant to this Subsection (3) will be compensated in accordance with the fee schedule set forth in Exhibit B.

Payment for additional work in excess of these amounts requires prior City Council authorization.
(b) Second Extension. For emergency medical care within the first 72 hours of care by CONTRACTOR, CITY will pay CONTRACTOR the not-to-exceed amount of $350 (Three Hundred Fifty dollars) per animal. In no event will City pay more than the total not-to-exceed amount of $40,000 (FortyThousand dollars and 00/100) for emergency medical care for the Second Year of the Original Term, provided that, the City Manager or designee may authorize extra work to fund unforeseen conditions in a total not-to-exceed amount of $10,000 (Ten Thousand dollars and 00/100) for the Second Year of the Original 8 of 26
Term. Any additional work authorized by the City Manager or designee pursuant to this Subsection (3) will be compensated in accordance with the fee schedule set forth in Exhibit B. Payment for additional work in excess of these amounts requires prior City Council authorization.

4. Trap Neuter Release (“TNR”) Program (Extensions). For a TNR Program for cats as elected by CITY, CITY will pay at the rate of $50.00 per male cat and $75.00 per female cat; and those two sets of additional costs will not exceed the total not-to-exceed amount of $5,000 (Five Thousand Dollars and 00/100) for all animals per year, for each Extension, except as otherwise authorized in writing in advance by the City Manager or her designee.

5. Hoarder/Breeder Animals (Extensions): For hoarder/breeder animals brought to CONTRACTOR, subject to the prior approval of the City Manager, CONTRACTOR will be compensated for medical examinations, cost of care and spaying/neutering services as follows: (a) for more than 25 animals in one case. a one-time stipend of $5,000 (Five Thousand dollars and 00/100); (b) for more than 50 animals in one case, a one-time stipend of $10,000 (Ten Thousand dollars and 00/100); (c) for more than 75 animals in one case, a onetime stipend of $15,000 (Fifteen Thousand dollars and 00/100); and (d) for over 100 boarded animals in one case, a one-time stipend of $25,000 (Twenty-Five Thousand dollars).

C. Consumer Price Index.

As used in this Section VI, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long BeachAnaheim, CA (1982-84 = 100) All Items as most recently reported by the Bureau of Labor Statistics for the 12 month period extending backwards from the most recent June 30th to the previous July 1st.

D. Additional Services.

1. For any additional services, change orders or any additional compensation of any nature to be proposed for payment to CONTRACTOR by CITY, such modification of this original Agreement shall be a written request executed by CONTRACTOR and approved in writing by CITY.

2. It is specifically understood that oral requests or approvals of such additional services, change orders, or additional compensation and any approvals from CITY shall be barred and are unenforceable.

E. Payment Procedure.

1. CONTRACTOR shall submit to CITY monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days 9 of 26
worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. Within ten (10) working days of receipt of such invoice, CITY shall determine whether CONTRACTOR has satisfactorily performed the work described in the invoice. CITY will thereafter pay CONTRACTOR on a quarterly basis. CITY will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to CONTRACTOR.

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

VII. TERMINATION
A. Termination by City.

1. Notwithstanding any other provision of this Agreement, this Agreement may be terminated with or without cause by CITY at any time by providing CONTRACTOR with written notice of termination no less than sixty (60) calendar days in advance of such termination.

2. Notwithstanding any other provision of this Agreement, 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.

B. Termination by Contractor.

This Agreement may be terminated by CONTRACTOR based on reasonable cause by providing written notice of termination to CITY, provided that CONTRACTOR has first provided CITY with written notice of default and demand to cure, and CITY has failed to cure such default no less than within sixty (60) calendar days in advance of such termination of receipt of such notice.

C. Obligations Upon Termination.

Unless otherwise specified in the notice of termination, CONTRACTOR shall cease all work under this Agreement immediately upon receipt of notice of termination from CITY under Subsection A, or immediately upon CITY’S acknowledgment of receipt of CONTRACTOR’S notice of termination to CITY under Subsection B. Upon termination, CITY shall be immediately given title to and possession of all Work Product (as defined in Section XIII(A) of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that CONTRACTOR is not then in breach, CITY shall pay 10 of 26
CONTRACTOR for any portion of the Services completed as of the date of termination, prorated as to the percentage of work completed as of the date of termination. CITY shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall CONTRACTOR be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and CONTRACTOR shall not be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance 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 compensation, loss of profits or any other damages.

VIII. COORDINATION OF WORK
A. Selection of Representatives.

The following principal of CONTRACTOR is hereby designated as the principal and representative of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement:

1. Michelle Russillo
The foregoing principal may not be changed by CONTRACTOR without the express written approval of CITY.

B. CITY Representatives.

CITY’s representative shall be the City Manager, or such other person as designated by the City Manager of CITY. It shall be CONTRACTOR’s responsibility to assure that CITY’s representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decision, which must be made by CITY, to CITY’s representative. Unless otherwise specified herein, any required CITY approval shall mean the approval of CITY’s representative.

IX. INDEPENDENT CONTRACTOR
A. CONTRACTOR Status.

1. CONTRACTOR is an independent contractor and not an
employee of CITY. Neither CITY nor any of its officials, officers, employees or agents shall have any control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, volunteers or other personnel, except as herein set forth, and CONTRACTOR expressly warrants not to, at any time or in any manner, represent that CONTRACTOR, or any of CONTRACTOR’s officers, employees, agents, volunteers or independent contractors are in any manner officers, employees, or agents of CITY. It is distinctly understood that CONTRACTOR is, and shall at all times, remain as to CITY a wholly independent 11 of 26
contractor, and that CONTRACTOR’s obligations to CITY are solely such as are prescribed by this Agreement.

2. CITY shall not have the right to control the means by which CONTRACTOR accomplishes service rendered pursuant to this Agreement.

CONTRACTOR shall, at its sole cost and expense, furnish all facilities, materials and equipment that may be required for furnishing services pursuant to this Agreement.

3. 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 (a) as otherwise required for the performance of Services on CITY real property, vehicles or equipment; (b) as otherwise may from time to time be necessary in order for CONTRACTOR’s personnel to receive projects from CITY, review files and other documents on file at CITY, pick up or deliver any work product related to CONTRACTOR’s performance of any Services under this Agreement, or (c) as may be necessary to inspect or visit CITY locations and/or private property to perform such Services.

4. CONTRACTOR shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONTRACTOR’s personnel in connection with their performance of any Services under this Agreement and as required by law. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:

Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. Notwithstanding any other agency, or local, 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 waive any claims to, any wages, salaries, compensation, retirement, pension, or other benefit or any incident of employment by CITY.

5. CONTRACTOR shall defend, 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 CONTRACTOR’s personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section IX(A). In addition to 12 of 26
all other remedies available under law, CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section (9)(A). 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. CONTRACTOR’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

B. CONTRACTOR’S Personal Services - Inducement

1. This Agreement contemplates that the CONTRACTOR’s
personal services and those of CONTRACTOR’s officers, employees, and agents are a substantial inducement to the CITY for entering into this Agreement.

CONTRACTOR may not assign any interest in this Agreement, except upon written consent of CITY. CONTRACTOR shall have no authority, express or implied, to bind CITY to any obligation whatsoever.

2. Furthermore, CONTRACTOR shall not subcontract any
portion of the performance contemplated under this Agreement without the prior written approval of the CITY. Nothing in this Agreement shall be construed as preventing CONTRACTOR from employing as many employees as CONTRACTOR deems necessary for the proper and efficient execution of this Agreement.

C. PERS Eligibility Indemnification; Waiver.

1. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

2. Notwithstanding any other agency, local, State or Federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. 13 of 26
X. INDEMNITY, DEFENSE, AND HOLD HARMLESS
A. General Requirements.

To the fullest extent required by law, and in addition to all other indemnification provisions of this Agreement, CONTRACTOR agrees to and shall defend, indemnify, and hold free and harmless CITY, its elected and appointed officials, officers, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials (collectively “the CITY Indemnitees” in this Section X), at CONTRACTOR’s sole cost and expense, from and against any and all claims, demands, actions, suits, damages, costs, expenses, liabilities, causes of action, proceedings, judgments, penalties, liens and losses, of any nature whatsoever, including but not limited to fees of accountants, attorneys, and other professionals, and all other costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, arising out of, pertain to or relate to the acts of omissions of CONTRACTOR, its officers, agents, servants, employees, volunteers, subcontractors, materialmen, suppliers or contractors, or their officers, agents, servants, employees or volunteers (or any entity or natural person that CONTRACTOR shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence. Notwithstanding the foregoing, CONTRACTOR shall not be liable for the defense or indemnification of CITY for any Claims to the extent arising out of, pertaining to or relating to the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by agreement of the Parties. CONTRACTOR shall defend the CITY Indemnitees in any action or actions filed in connection with any Claims with counsel of the CITY 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 CITY Indemnitees in connection therewith.

B. Subcontractor Indemnification.

CONTRACTOR shall obtain executed indemnity agreements with provisions identical to those in this Section X from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. If CONTRACTOR fails to obtain such indemnities, CONTRACTOR shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONTRACTOR’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any person, firm, entity or individual that CONTRACTOR’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the CITY Indemnitees’ active or passive negligence, except for Claims to the extent 14 of 26
arising from the sole negligence or willful misconduct of the CITY Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

C. 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 provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY, its elected and appointed officers, officials, agents, employees, volunteers and those CITY agents serving as independent contractors in the role of CITY officials.

D. Insurance and Insurance Requirements Not Limiting.

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

E. Survival of Terms.

CONTRACTOR’s indemnifications and obligations under this Section X shall survive the expiration or termination of this Agreement.

F. Supersedence.

This Section shall supersede and replace all other indemnity provisions contained CONTRACTOR’s Proposal, which shall be of no force and effect.

XI. INSURANCE
CONTRACTOR shall procure and maintain for the duration of this Agreement and thereafter (unless specified below), at its cost, insurance in accordance with the requirements of this Section. Within ten (10) consecutive calendar days of the award of contract, CONTRACTOR shall furnish the CITY with the endorsements and Certificates of Insurance proving coverage as specified by this Section.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and if CONTRACTOR is a limited liability company, the commercial general liability coverage shall be 15 of 26
amended so that CONTRACTOR and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

2. Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

3. Workers’ Compensation insurance: As required by the State of California and Employer’s Liability insurance.

4. Professional Liability coverage (or Errors and Omissions coverage).

5. Umbrella Liability Insurance [If required to meet higher limits]:

Should CONTRACTOR obtain and maintain an umbrella liability insurance policy, limits should provide for bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
b. “Pay on behalf of” wording as opposed to
“reimbursement”; and
c. Concurrency of effective dates with primary policies.

Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

B. Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage, and if Commercial General Liability Insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit;

2. Professional Liability (or Errors and Omissions Liability).

CONTRACTOR shall maintain professional liability insurance (or errors and omissions insurance) appropriate to CONTRACTOR’s profession, written on a per occurrence basis, with a limit of not less than $2,000,000 per claim and 16 of 26
$4,000,000 in the aggregate. If a “claims made” liability policy is provided, the policy shall be endorsed to provide an extended reporting period of not less than three years.

3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage and include coverage for all owned, hired, and non-owned automobiles.

4. Workers’ Compensation and Employers Liability: Statutory Workers’ compensation insurance and Employer’s Liability Insurance with limits of $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self-Insured Retention.

Any deductibles or self-insured retentions applicable to insurance policies required herein must be declared to and approved by CITY prior to CONTRACTOR obtaining such insurance policy. In no event shall any insurance policy required in this Agreement have a deductible, self-insured retention, or other similar provision (including any fronting component) in excess of $50,000 without prior written approval of CITY in its sole discretion. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, elected and appointed officials, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials; or CONTRACTOR shall procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.

D. Other Insurance Provisions.

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability, Automobile Liability, Umbrella / Excess Liability Coverage.
a. Additional Insured Endorsement. CITY, its officers,
elected and appointed officials, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials, are to be covered as an additional insured as respects defense and indemnity against claims seeking recovery for: liability arising out of activities performed by or on behalf of CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, occupied, or used by CONTRACTOR; or automobiles owned, leased, hired, or borrowed by CONTRACTOR. The coverage shall not extend to any indemnity coverage for the sole active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b), and shall contain no special limitations on the scope of protection afforded to CITY, its officers, elected and appointed officials, 17 of 26
employees, volunteers, and those agents acting as independent contractors in the role of CITY officials.
b. Primary and Non-Contributory. The Agreement
insurance coverage shall be primary insurance as respects to the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials.

Any insurance or self-insurance maintained by the CITY, its officers, elected and appointed officials, agents, employees, volunteers, and those CITY agents acting as independent contractors in the role of CITY officials shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. c. Separate Coverage. Except with respect to the limits of the liability, CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made, or suit is brought and shall provide that an act or omission of one of the insureds shall not reduce or void coverage to the other insureds. CONTRACTOR’s insurance shall not exclude coverage for suits or claims brought by or on behalf of one insured against any other insured. d. Contractual Liability. The general liability and umbrella policies shall be endorsed to include contractual liability.

2. All Coverages
a. 30-day Notice of Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CITY.
b. Waiver of Subrogation. Each insurance policy
required by this Agreement shall provide that CONTRACTOR and insurer waive any and all rights of subrogation against CITY, its officers, elected or appointed officials, agents, employees, volunteers, and those agents acting as independent contractors in the role of CITY officials for losses arising from work performed by CONTRACTOR for CITY.

3. Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available 18 of 26
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

E. Acceptability of Insurers.

Insurance is to be placed with insurers authorized to do business by the Insurance Commissioner in the State of California, with a rating by A.M. Best’s of no less than A, Class VII, and satisfactory to the City. All insurers shall be licensed by or holding admitted status in the State of California.

F. Verification of Coverage.

CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this Section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by CITY. Where, by statute, CITY’s workers’ compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by CITY before any Services commence, and shall evidence that all premiums have been paid for the entire forthcoming policy period. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. The delivery to CITY of any certificates of insurance or endorsements hereunder which do not comply with the requirements set forth in this Agreement shall not waive CITY’s right to require such compliance.

G. Failure to Maintain Insurance.

If CONTRACTOR fails to obtain and maintain the insurance required hereunder, CITY shall have the right, but not the obligation, to obtain the same or similar insurance in the name and account of CONTRACTOR in which event CONTRACTOR shall pay the cost thereof and furnish upon demand all information that may be requested by CITY to permit CITY to obtain all such required coverage on behalf of CONTRACTOR. CITY shall have the right to offset (without recourse by CONTRACTOR) against any amounts owing to CONTRACTOR, amounts CITY reasonably incurs in obtaining insurance required of CONTRACTOR herein.

H. Insurance No Limitation on Indemnity.

The procurement of the insurance required in this Agreement or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of CONTRACTOR’s obligation to indemnify CITY or any of its officers, elected or appointed officials, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials under any provision of this Agreement.
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I. No Representation.

Neither the CITY nor any of its officers, agents, employees, volunteers, or those CITY agents acting as independent contractors in the role of CITY officials make any representation that the types of insurance and the limits specified to be carried by CONTRACTOR under this Agreement are adequate to protect CONTRACTOR. If CONTRACTOR believes that any such insurance coverage is insufficient, CONTRACTOR shall provide, at its own expense, such additional insurance as CONTRACTOR tor deems adequate.

J. Subcontractors.

All subcontractors shall comply with all of the requirements stated in this Agreement. CONTRACTOR shall furnish the CITY with separate certificates and endorsements for each subcontractor.

XII. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, CONTRACTOR agrees as follows:

A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, marital status, national origin, or mental or physical disability. CONTRACTOR will ensure that applicants are employed and that employees are treated during employment, without regard to their age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this nondiscrimination clause.

B. CONTRACTOR shall, in all solicitations and advertisements for employees placed by, or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability.

C. CONTRACTOR shall cause the foregoing Subsection A and Subsection B to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
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XIII. MISCELLANEOUS
A. Ownership of Documents.

1. All reports, as well as all original files, data, field notes, reports, reproducible drawings, plans, studies, memoranda, computation sheets, floppy disks, photographs, images, video files, media, and other documents and materials assembled or prepared by CONTRACTOR or CONTRACTOR’s agents, officers, or employees in connection with this Agreement, including any and all copyright interest therein (collectively “Work Product”), shall be the property of the CITY and shall be delivered to the CITY upon either the completion or termination of the Project, and may be used, reused or otherwise disposed of by CITY for any purpose without CONTRACTOR’s consent. 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. Copies of said Work Product may not be retained by CONTRACTOR, and shall not be made available by CONTRACTOR to any individual or organization without the prior written approval of CITY, except as required by law.

2. CONTRACTOR or CONTRACTOR’s agents shall execute
such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

B. Confidentiality.

1. CONTRACTOR covenants that Work Product (as defined in Section XIII(A) of this Agreement) developed or received by CONTRACTOR or provided for performance of this Agreement is deemed confidential and shall not be disclosed by CONTRACTOR without prior written authorization by CITY. CITY shall grant such authorization if applicable law requires disclosure.

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 concerning the Services performed under this Agreement or relating to any project or property located within CITY. Response to a subpoena or court order shall not be considered “voluntary,” provided CONTRACTOR gives CITY notice of such court order or subpoena.

2. CONTRACTOR shall promptly notify CITY should
CONTRACTOR , its officers, employees, agents, subcontractors or volunteers 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 Services performed thereunder. CITY may, but has no obligation to, represent CONTRACTOR or be present at any deposition, hearing or similar proceeding. 21 of 26
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.

C. Notices.

Any notices to be given pursuant to this Agreement shall be given by enclosing the same in the sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows:

CITY: CONTRACTOR:

City of Seal Beach Westminster Adoption Group and
211 8th Street Services (or WAGS)
Seal Beach, CA 90740 6621 Westminster Boulevard
Attn: City Manager Westminster, CA 92683
Attn: Michelle Russillo
D. Enforcement of Agreement.

This Agreement shall be construed and interpreted as to both validity and performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

E. Disputes.

1. In the event of any dispute arising under this Agreement, the injured Party shall notify the injuring Party in writing of its contentions by submitting a claim therefore. In the event of any dispute, CONTRACTOR shall be required to comply with the provisions of the California Government Claims Act (Cal. Gov. Code Section 810, et seq.) as a condition precedent to pursuing any court action.

2. The injured Party shall continue performing its obligations hereunder so long as the injuring Party cures any default within ninety (90) calendar days after service of the notice, or if the cure of the default is commenced within thirty (30) calendar days after service of said notice and is cured within a reasonable time after commencement; provided that, if the default creates an immediate danger to the health, safety, and general welfare, the CITY may take immediate action. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the dispute is not cured.
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F. Waiver.

No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. CITY’s consent or approval of any act by CONTRACTOR requiring CITY’s consent to or approval of any subsequent act of CONTRACTOR, or any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

G. Prohibited Interests; Conflicts Of Interest.

1. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, CONTRACTOR shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

CONTRACTOR shall not accept any employment or representation during the term of this Agreement which is or may likely make CONTRACTOR “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which CONTRACTOR has been retained.

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

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 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.
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H. Audit of Records.

In accordance with generally accepted accounting principles, and in sufficient detail to permit an evaluation of all Services in connection therewith, CONTRACTOR shall maintain reasonably full and complete records of the cost of and performance of the Services provided under this Agreement. During the term of this Agreement and for a period of three (3) years after termination or expiration of this Agreement, the CITY shall have the right to inspect, audit and/or make copies of CONTRACTOR’s records pertaining to this Agreement and the Services performed or to be performed hereunder at CONTRACTOR’s office location. CONTRACTOR agrees to make available all pertinent records for the purpose of such inspection and/or audit at its offices during normal business hours and upon three (3) calendar day notice from the CITY.

I. 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 CONTRACTOR when unsafe or harmful acts are observed or reported relative to the performance of the Services. CONTRACTOR shall maintain the work sites free of hazards to persons and property resulting from its operations. CONTRACTOR shall immediately report to the CITY any hazardous condition noted by CONTRACTOR.

J. Labor Certification.

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

K. Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

L. Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy and default, to recover 24 of 26
damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

M. Attorney’s Fees.

If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs of suit from the losing Party.

N. Integration.

This Agreement represents the entire understanding of the CITY and the CONTRACTOR. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. Any work performed, which is inconsistent with or in violation of the provisions of this Agreement, shall not be compensated. This Agreement may not be altered, amended, or modified except in writing executed by both Parties hereto.

O. Amendment.

This Agreement may be amended only by the written mutual consent of the Parties.

P. Non-Appropriation of Funds.

Payments to be made to CONTRACTOR 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 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.

Q. 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.

R. 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 of 26
S. 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.

T. 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.

U. Supersedence of Prior Agreement.

Upon the Effective Date, the Agreement for Animal Services dated June 26, 2023, as amended by Amendment No. 1, dated July 22, 2024, shall have no further force and effect.

V. 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, CONTRACTOR is formally bound to the provisions of this Agreement.
[signatures contained on following page]
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

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

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

By: _________________________
Nicholas R. Ghirelli, City Attorney
CONTRACTOR: WESTMINSTER

ADOPTION GROUP AND SERVICES
By: __________________________
Name:

Its (title):

By: __________________________
Name:

Its (title):
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Exhibit A – WAGS proposal with fees.

We are agreeable to all scope items listed in the contract, and we confirm that we are in alignment with the following:
• Contract terms of 3 years with options.
• According to the contract with Seal Beach, CA, we will accept companion animals, stray dogs, community cats, and exotic animals.
• We will ensure that all animals have proper housing and food. • We will adhere to established drop-off procedures, ensuring that Seal Beach Animal Control Officers have 24-hour access to the shelter portion of the facility. The ACO is given keys and alarm codes, as well as housing kennels are set up outside for easy drop-off after hours if the ACO is not comfortable entering the building.
• Impound procedures are listed in the "Scope of Services." • The hospital can shelter 100 dogs and 300 cats. Westminster Adoption Group Services will adequately accommodate quarantined animals and those held for investigation following animal control guidelines. WAGS will utilize fostering as an option for caring for animals. • The animal shelter will comply with HSUS standards for operating an animal shelter. • We will allow Animal Control Officers to enter and inspect the premises during regular business hours and access as needed outside of regular business hours. ACO has access to inspect as requested.
• Westminster Adoption Group Services will ensure outstanding care for all animals. Quality housing and food will be provided for all animals. We will offer clean and appropriate facilities for all animals.
• Veterinary services are available on-site and via telemedicine. Still, there are times when emergency care must be provided by an outside contracted service, such as when WAGS does not have a veterinarian on site. An emergency care hospital is available for after-hours emergency care.
• Pet owners are responsible for all routine and emergency veterinary care costs for their impounded animals, regardless of whether these fees are passed on to WAGS for any reason.

However, Seal Beach will cover or reimburse WAGS for emergency veterinary care as specified in this document. In such cases, WAGS will bill the City of Seal Beach. Currently, no reimbursement system is in place, as Seal Beach Animal Control directly oversees and approves the costs related to emergency care provided at outside facilities. • We will meet all special handling requirements for quarantined animals and pets in protective custody.
• We are responsible for making reasonable efforts to prepare and present animals for adoption.

We will strive to find suitable adoption homes for all adoptable animals in the shelter, ensuring compliance with the required holding period.
• We will meet the requirements for the disposal of unclaimed animals. We will ensure humane treatment and a holding period of 72 hours unless warranted for medical purposes. Animals will not be sold for medical research or other activities that may cause harm without the consent and approval of Seal Beach, CA, animal control.

Exhibit B – WAGS contracted monthly services fee details (what we receive from WAGS) • Fee Proposal
Shelter Care scope of services will include:

1. Examination, including intake of vaccines and following best practices of standard care in animal shelters with plans for live release unless otherwise deemed euthanasia is necessary for medical quality of life concerns or danger to the public to be on an adoption pathway.

Assessments include input from a veterinarian, a behavioral team, and daily care attendants. WAGS has an active behavior enrichment program. When deemed safe, an out-of-kennel schedule is implemented, with volunteer engagement for exercise and calm time built into the daily schedules to reduce shelter stress. Documentation is collected and maintained in the required records, and SOPs are current to reflect care standards.

2. Radiographs if needed

3. Necessary diagnostic tests

4. Pain management, if needed

5. Administer antibiotics if needed

6. Wound care if needed
WAGS Pet Adoption Contract term Year 1 - 7/1/2025-6/30/26 Year 2-7/1/2026-6/30/27 Year 3 -7/1/2027-6/30/28 Monthly Fee $11,500/month $12,075/month $12,678.75/month TNR/ $50 Male/$75 Female $5,000.00/year max $5,000.00/year max $5,000.00/year max Veterinarian on property - no fee emergency $ - $ - $ - After -hours emergncy - out of contract NOT WAGS NOT WAGS NOT WAGS Hoarding Case: 25 animals $5,000.00/incident $5,000.00/incident $5,000.00/incident Hoarding Case: 50 animals $10,000.00/incident $10,000.00/incident $10,000.00/incident Hoarding Case: 75 animals $15,000.00/incident $15,000.00/incident $15,000.00/incident Hoarding Case: 100 animals $25,000.00/incident $25,000.00/incident $25,000.00/incident Option year 4-7/1/2028-6/30/29 Option year 5-7/1/2029-6/30/30 Monthly Fee $13,312.69/month $13,978.32/month
TNR/ $50 Male/$75 Female $5,000.00/year max $5,000.00/year max Veterinarian on property - no fee emergency $ - $ -
After -hours emergncy - out of contract NOT WAGS NOT WAGS Hoarding Case: 25 animals $5,000.00/incident $5,000.00/incident Hoarding Case: 50 animals $10,000.00/incident $10,000.00/incident Hoarding Case: 75 animals $15,000.00/incident $15,000.00/incident Hoarding Case: 100 animals $25,000.00/incident $25,000.00/incident

7. Boarding and housing care

8. Supportive Care, if needed, for a pet that presents signs of poor quality of life

9. Euthanasia as needed

10. Documentation and records maintenance following the California Food and Agriculture Code 32003

11. Return home and Adoption procedures best practices.

12. Adoption/transfer pathway planning, as appropriate, including spay/neuter, TNR, specialty surgeries if deemed necessary, vaccines, current medications, microchipping, and documentation. Additionally, social media and many national lost animal websites will share a basic profile, such as Petco Lost Pets, Petfinder, and Pawboost. Euthanasia protocols are followed and deemed necessary for quality of life or are too dangerous if placed back into the community

13. Animals, except wildlife, are brought to WAGS through ACO, Owner Surrender, and Over the Counter. For reference, WAGS will attempt to schedule owner’s surrenders when space is available, utilizing a managed intake system.

Managed intakes reduce overpopulation by scheduling the intake when there are fewer animals in care, especially dogs. If the owner needs to relinquish the animal immediately, with a fee to cover the cost of care, WAGS will assist them.

Reimbursement of citizens’ fees collected
WAGS Pet Adoption will reimburse the Seal Beach Police Department for any fees collected related to boarding, neutering, non-neutering, and other applicable charges as directed by the City, upon a pet owner redeeming their pet. All fees are recorded on our ShelterLuv system. Pet owners receive a receipt for all payments, and a comprehensive report—including the pet owner’s name, pet ID, fees collected, and a description of the charges provided to the city. Reimbursement of fees will be made within 45 days following the end of each month.

Exhibit C – Emergency Procedure
WAGS Pet Adoption will accept emergencies during regular business hours of operation when a veterinarian is on site. WAGS Pet Adoption offers a range of 40-50 hours of veterinary care per week.

Currently, city services have to use an outside vendor for care when there is no veterinarian on staff.

The vendor is a choice of the city and ACOs. WAGS will receive a pet after it is medically stable or for disposal in the event of euthanasia or DOA. WAGS does not have a secondary vet hospital to offer emergency services to Seal Beach as discussed upon original contract signing.

Exhibit D –After-hours emergency procedures
The Westminster Adoption Group Services offers fair and reasonable fees. Animal Control animals are brought to WAGS Pet Adoption when a veterinarian is on staff. After hours and on weekends, they are to be taken to the Orange County Emergency Pet Clinic, which has established care limits in collaboration with the Seal Beach Police Department. In the past, contracts have been responsible for all communications and contractual fees paid to the ER—after-hours emergency care to stay in the purview of the PD. WAGS currently has no authority and care standards set until the pet is transferred to WAGS in the am. Based on the current arrangements and future contracts. WAGS Pet Adoption does not have a veterinarian on staff 24 hours a day to handle such care requirements. It would be cost-prohibitive.

We will adhere to established drop-off procedures, ensuring that Seal Beach Animal Control Officers have 24-hour access to the shelter portion of the facility. The ACOs are given keys and alarm codes, and housing kennels are set up outside for easy drop-off after hours if the ACO is not comfortable entering the building.

Agenda Item M

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2024 Operation
Stonegarden
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7679:

1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2024; and,

2. Authorizing any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program.

BACKGROUND AND ANALYSIS:

The Department of Homeland Security (DHS), via the Homeland Security Grant Program, has allocated funds for use by local governments to increase coordination and enforcement capabilities in support of DHS goals, including those outlined in the Border Patrol National Strategy. As law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border, the City of Seal Beach is eligible to receive financial assistance in the form of reimbursement for equipment purchases, maintenance costs, overtime, and management and administration costs incurred, through the Riverside Sheriff’s Department sub-grants from the State of California.

During the most recent Operation Stonegarden (OPSG) grant cycle, the Seal Beach Police Department applied for and was awarded funding to provide increased law enforcement patrols and special operations throughout the 1.5 miles of coastline, coastal access points, and flood control access points in the

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jurisdiction of Seal Beach, in an effort to reduce smuggling and marine interdiction related crimes. The special operations will show high levels of law enforcement presence and serve as a criminal deterrent to help maintain coastal borders, and can lead to drug and vehicle seizures, as well as arrests.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

Sufficient funding will be included in the FY 2026-2027 budget, the budget cycle in which these funds will be received.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7679:

1. Authorizing the Chief of Police to execute an agreement on the City’s behalf for transfer or purchase of equipment and services for reimbursement of operating costs for FY 2024; and,

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Patrick Gallegos
Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Brian Gray, Emergency Services Coordinator

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ATTACHMENTS:

A. Resolution 7679
B. 2024 Operation Stonegarden Memorandum of Agreement
RESOLUTION 7679

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND

AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE SUB-AWARD AGREEMENT BETWEEN CITIES OF SEAL BEACH, RIVERSIDE SHERIFF’S DEPARTMENT, AND OTHER PARTICIPATNG AGENCIES FOR THE FY 2024

OPERATION STONEGARDEN GRANT PROGRAM
WHEREAS, the Department of Homeland Security Appropriations Act provides funding to address the needs of improving operational control of the border through increased coordination and enforcement capabilities through Operation Stonegarden (OPSG); and,
WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of reimbursement for equipment, maintenance costs, overtime, and management and administrative costs incurred, through Homeland Security sub-grants from the Riverside Sheriff’s Department.

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

Section 1. The City Council hereby approves the agreement for transfer or purchase of equipment and services for reimbursement of operating costs FY 2024 Operation Stonegarden (OPSG) Homeland Security Grand Program and to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency
Management Agency (FEMA) and sub-granted through the
Riverside Sheriff’s Department.

Section 2. The City Council hereby authorizes and directs the Chief of Police and/or the City Manager to execute the agreement and any other documents necessary to receive and use the grant funds.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 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 7679 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.

Gloria D. Harper, City Clerk

Agenda Item {{item.number}}

AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Approve Updated Job Specification for Police Services Manager Classification
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7680 approving an updated job specification for the Police Services Manager (PSM) classification.

BACKGROUND AND ANALYSIS:

The City of Seal Beach routinely reviews position descriptions to ensure they accurately reflect operational needs and industry standards. The scope of non‑sworn, professional public‑safety services—including parking enforcement, traffic control, jail operations, and animal control—has expanded significantly since the Police Services Manager specification was created. A comprehensive review identified several areas requiring revision to align duties, minimum qualifications, and supervisory responsibilities with current practices.

Key updates include:
• Consolidates oversight of parking enforcement, traffic investigations, animal control, and jail operations under a single civilian manager responsible for program coordination, performance monitoring, and vendor relations. • Clarifies supervisory authority over Senior Community Services Officers, Police Aides, Crossing Guards, and other professional staff personnel, emphasizing employee development, coaching, and accountability. • Strengthens emphasis on public education and community engagement regarding traffic safety and responsible pet ownership. • Aligns minimum qualifications with industry best practice by requiring four (4) years of varied police community service experience (including leadership), California Law Enforcement Telecommunications System (CLETS) certification

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within three (3) months of appointment, and coursework in police science or a related field.
• Modernizes physical demands and environmental elements sections to comply with current occupational safety guidance.

These revisions promote recruitment and retention of high‑quality professional staff, support succession planning within the Support Services Bureau, and improve service delivery to Seal Beach residents.

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 adopt Resolution 7680 approving an updated job specification for the Police Services Manager (PSM) classification.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7680
B. Police Services Manager Updated Job Specification
RESOLUTION 7680

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE JOB SPECIFICATION FOR POLICE SERVICES

MANAGER
WHEREAS, the City of Seal Beach currently has the position of Police Services Manager; and,
WHEREAS, the requirements and responsibilities of this classification have become outdated, necessitating updated job classifications to properly reflect the requirements and duties being performed; and,
WHEREAS, City Council is the only governing body who can approve job specifications.

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

Section 1. The City Council hereby approves the updated job specifications of Police Services Manager.

PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 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 7680 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.

Gloria D. Harper, City Clerk
Police Services Manager Page 1/6
Police Services Manager
Department/Division: Police/Support Services
Reports To: Support Services Bureau Lieutenant
Provides Direction To: Non-Sworn Police Department Staff FLSA Exemption Status: Non-Exempt
Date Prepared: July 28, 2025
Date Adopted by City Council: July 28, 2025

GENERAL PURPOSE
Under general supervision, oversees the daily operations of non-sworn public safety services including parking enforcement, traffic control, jail operations, animal control, and related support functions within the Police Department. The Police Services Manager provides direct supervision to Senior Community Services Officers and Police Aides assigned to field duties, ensures coordination of the Crossing Guard program, coordinates with vendors and contractors, and promotes public education on responsible pet ownership and traffic safety.

DISTINGUISHING CHARACTERISTICS
This is a mid-management, non-sworn civilian position responsible for the oversight and coordination of key operational support programs including parking enforcement, traffic investigations, traffic control, animal control, and jail operations. The Police Services Manager is expected to work independently with a high degree of professionalism and initiative. This class is distinguished from other non-sworn positions in that it is responsible for technical and functional supervision of lower-level staff and is capable of performing the most complex duties assigned to the division. This role is further distinguished by its broad scope of responsibilities, active engagement with outside agencies and contractors, and emphasis on both enforcement and public education.

ESSENTIAL FUNCTIONS
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

Public Assistance & Records
• Provides assistance to the public, in the field, at the front desk, and on the phone; provides general policy and procedural information concerning police department operations and record keeping procedures.
• Responds to public and employee inquiries in a courteous manner; provides information within the area of assignment; resolves complaints and contested citations in an efficient and timely manner.

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• Asks standard and more varied questions to complete initial and basic police crime reports such as incident reports, stolen or lost vehicle reports, injury and non-injury traffic reports, court appearances, and missing person reports. • Writes traffic collision reports and reviews a variety of other reports for completeness and accuracy.
• May take and write basic reports, as assigned.

Parking Enforcement & Patrol
• Patrols assigned routes to enforce parking and related traffic ordinances, including timed zones, meters, and street sweeping areas; issues citations, writes warnings, and amends previously issued citations.
• Issues non-moving traffic citations for violations observed. • Impounds and provides for the storage of vehicles.
• Monitors parking street and beach meters for violations. • Maintains effective and pleasant relations with merchants and the public to provide equitable and orderly control of vehicular parking.

Traffic Control & Field Support
• Responds quickly and safely to emergency calls; provides traffic control as needed during emergencies, special events, and traffic accidents. • Responds to field calls for service as needed, including traffic collisions, traffic control, and vehicle tows.
• Assists officers and non-sworn staff as needed, including assisting with street closures, checkpoints, and other special events, providing transportation for citizens, and delivering documents to various City locations. • May assist sworn personnel in special assignments such as checkpoints, DUI operations, and transportation of documents or equipment.

Code Enforcement & Investigations
• Enforces miscellaneous municipal codes, including sign violations, abandoned property, and vehicle violations.
• Reports needed repairs of streets and traffic signs and signals to appropriate staff. • Reports traffic accidents and criminal activities or related occurrences to appropriate Police units.

Data, Reports & Equipment
• Prepares daily, monthly, and month-end activity reports and inputs computer data relative to traffic citations, towing, traffic accidents, and other related police matters. • Researches and retrieves pertinent data relative to multiple parking citation violations; may perform other research and review of statistical data. • Operates and maintains specialized equipment, including police radios and cones.

Supervision & Staff Development
• Supervises and participates in the work of Senior Community Services Officers and Police Aides assigned to field-based public safety functions. • Conducts employee performance evaluations, sets expectations and goals for staff, documents performance, and administers corrective action when needed in consultation with Human Resources and the Support Services Bureau Lieutenant.
• Coaches, trains, and mentors staff; ensures compliance with department policies and procedures and fosters a positive and professional work environment.

Police Services Manager Page 3/6
• Oversees the City's Crossing Guard program, ensuring coverage at designated intersections, managing the upkeep and distribution of safety equipment such as signs and vests, and collecting and approving timesheets each pay period.

Operational Coordination
• Coordinates daily operational tasks in the areas of traffic control, parking enforcement, animal control, and jail operations.
• Works closely with external contractors and vendors to coordinate animal control services, jail maintenance, and traffic-related operations. • Coordinates logistics for special events, including street closures and traffic flow planning.

Jail Operations
• Oversees jail operations to ensure compliance with department policy, applicable laws, and safety standards.
• Monitors the condition and functionality of jail facilities and equipment, and coordinates maintenance or repairs as needed.
• Ensures jail operations meet Title 15 requirements (if applicable) and maintains related documentation and training records.

Animal Control Program Oversight
• Oversees the animal control program, ensuring timely response to calls for service involving loose, stray, or injured animals; manages impound, quarantine, and transport procedures; ensures enforcement of municipal and state laws regarding animals.
• Oversees field response related to animal control in the absence of dedicated Animal Control Officers.
• Coordinates with designated animal shelter providers and ensures appropriate intake, care, and recordkeeping for impounded animals.
• Investigates complaints of animal cruelty, barking dogs, dangerous animals, and violations of leash and licensing laws.
• Develops and implements best practices related to community cat management, including trap-neuter-return (TNR) protocols and public education. • Maintains ongoing communication with shelter staff, veterinarians, and other animal welfare partners to ensure humane and effective services. • Conducts public outreach and education regarding responsible pet ownership, licensing laws, and available animal services.
• Coordinates or supports community events such as spay/neuter clinics, microchipping drives, and pet adoption initiatives.

Other Duties
• Performs other duties as assigned.

These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned.

QUALIFICATIONS GUIDELINES
Knowledge of:

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• Basic principles of supervision and training; functions, principles, and practices of law enforcement agencies;
• Methods and procedures of parking enforcement and patrol; • Principles and practices of traffic control;
• Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility; t • Terminology and procedures used in public safety dispatching; • City geography, maps, streets, landmarks, and driving directions; • Basic principles of record keeping;
• Principles and practices of data collection and report preparation; • Modern office practices, methods, and computer equipment; • Use and application of law enforcement software systems, including ComputerAided Dispatch (CAD), Records Management Systems (RMS), and citation management platforms;
• English usage, grammar, spelling, vocabulary, and punctuation; • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
• Plan, schedule, assign, and oversee activities of assigned non-sworn police personnel;
• Inspect the work of others and maintain established quality control standards; • Train others in proper and safe work procedures;
• Identify and implement effective course of action to complete assigned work; • Identify violations of parking law and enforce applicable parking regulations; • Respond to emergency calls in a timely fashion;
• Understand and follow oral and written instructions;
• Memorize codes, names, street locations, and other information; • Read and interpret maps and other pertinent documentation; • Interpret, apply and explain policies, procedures, regulations, ordinances, codes, and regulations;
• Assess situations while remaining calm and using sound, independent judgment; • Maintain accurate records and files;
• Compile and summarize information and data to prepare accurate, clear, and concise reports;
• Organize own work, set priorities, and meet critical deadlines; • Safely and effectively use and operate specialized equipment required for the work; • Operate modern office equipment including computer equipment and software programs;
• Learn and effectively utilize specialized law enforcement systems and databases, including CAD, RMS, and citation processing tools;
• Use English effectively to communicate in person, over the telephone, and in writing;
• Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations;
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education/Training/Experience:

Police Services Manager Page 5/6
• Equivalent to the completion of the twelfth (12th) grade supplemented by collegelevel course work in police science, criminal law, or a related field.

Experience & Training:
• Four (4) years of varied experience related to police community service work, preferably including some work in a leadership role, or two (2) years of experience equivalent to Senior Community Services Officer at the City of Seal Beach. • California Law Enforcement Telecommunications System (CLETS) – Less Than Full Access Operator training within three (3) months of appointment.

Licenses, Certificates; Special Requirements:

A valid Class C California driver’s license, acceptable driving record, and evidence of insurance. Ability to work extended hours to meet shift needs, complete reports, attend meetings, or conduct investigative business. Ability to work under sometimes unsafe and uncomfortable conditions where exposure to environmental factors such as odors, dust, noise, human or animal violence, disease, or machinery may constitute discomfort and where there is risk of injury, usually requiring minimal recovery.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
Must possess mobility to work in the field; strength, stamina, and mobility to perform light physical work, to climb and descend vehicles, and to operate a motor vehicle and varied tools and equipment; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards.

Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites.

Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately with law enforcement personnel, general public, and others in the course of work.

Reasonable Accommodations
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The City of Seal Beach complies with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who may need a reasonable accommodation to perform the essential functions of the job may request a reasonable accommodation by contacting the Human Resources Department.

WORK ENVIRONMENT
This position performs office and field work. When assigned to the office setting, the noise levels are typically quiet, at or below 85 decibel levels. When in the field, employees are assigned to a police vehicle and are subject to variable weather conditions and traffic, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures.

Seal Beach City CouncilJuly 28, 2025

Seal Beach City Council
July 28, 2025