A G E N D A
MEETING OF THE CITY COUNCIL
Monday, July 28, 2025 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
LISA LANDAU
MAYOR
Third District
NATHAN STEELE
MAYOR PRO TEM
Fifth District
JOE KALMICK
COUNCIL MEMBER
First District
BEN WONG
COUNCIL MEMBER
Second District
PATTY SENECAL
COUNCIL MEMBER
Fourth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS – None
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS – None
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on July 14, 2025.
B. Demand on City Treasury (Fiscal Year 2026) - Ratification.
C. Monthly Investment Report (July 28, 2025) - Receive and file.
D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.
E. City of Seal Beach Biennial Conflict of Interest Code Update - That the City Council adopt Resolution 7671 amending the City’s Conflict-of- Interest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).
F. Establishing the Regular Meeting Time of the Environmental Quality Control Board - That the City Council approve Resolution 7672 establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board.
G. Approving and Authorizing Amendment 2 to the Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services - That the City Council adopt Resolution 7673: 1. Approving Amendment 2 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, to extend the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-2026); and, 2. Authorizing compensation of $80,000 for such additional services during Fiscal Year 2025-2026; and, 3. Authorizing an increase in compensation for the third extension (Fiscal Year 2024-25) by $10,000 and the total compensation of $75,000 through June 30, 2025, for a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026; and, 4. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City.
H. Second Amendment to the Water Conservation Participation Agreement with Municipal Water District of Orange County for Water Conservation Participation - 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.
I. Approving and Authorizing Amendment 2 to the Professional Services Agreement with EXP U.S. Services, Inc. for On-Call Professional Engineering Services - 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.
J. Approving and Authorizing Amendment 1 to the Adopted Seal Beach Safety Action Plan - 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.
K. Approving and Authorizing Amendment 1 to the Professional Services Agreement for Professional Automation Design, Installation, and Implementation Services - 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.
L. Westminster Animal Group and Services (WAGS) Animal Shelter Services Agreement - 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.
M. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services for Reimbursement of Operation Costs for Fiscal Year 2024 Operation Stonegarden - 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.
N. Approve Updated Job Specification for Police Services Manager Classification - That the City Council adopt Resolution 7680 approving an updated job specification for the Police Services Manager (PSM) classification.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None
ADJOURNMENT
Adjourn the City Council to Monday, August 11, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary.
CITY COUNCIL NORMS:
Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.
CIVILITY PRINCIPLES:
Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
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1 Brandon DeCriscio
From: Patrick Gallegos
Sent: Monday, July 28, 2025 4:09 PM
To: Executive Team
Cc: Brandon DeCriscio
Subject: Council Warrant Questions
Attachments: scannedImage.tif-1.tiff; 7.28.25 Council Warrant Requests.docx BCC: CITY COUNCIL
Good afternoon,
For your reference, please find attached the questions and staff responses regarding the warrants.
Thanks,
Patrick Gallegos
Patrick Gallegos, City Manager
211 Eighth Street, Seal Beach, CA 90740
(562) 431-2527 x 1308
View our: Shoreline RecreaƟon Brochure
Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, and embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
000848 Sakaida Nursery Inc 07/10/2025 Regular 0.00 7,958.86 33053 32974 Invoice 06/30/2025 Multiple nursery plants 0.00 7,958.86 This is a large spend for plants. Please send the invoice copy.
Please see the attached invoice.
This is for landscaping for the two medians on PCH between First and Eighth Streets. 000736 Orange County Water Dist. 07/11/2025 EFT 0.00 1,293,861.80 5330 87-02-03-M/6- 20 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 76,150.86 95-01-1-D/6-202 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 5,407.68 95-02-01-F/6-202 Invoice 06/30/2025 Water Production 1/1/25-6/30/25 0.00 1,212,303.26 What is included in this invoice?
There are 3 large payouts in warrants for “Orange County Water District” account 000736. Do these cover 1 month? 3 months? Is it water sourcing through West Orange County Water District and MWDOC?
- These invoices cover water well production cost from 01/01/25 – 06/30/25 (6 months). - Amounts include cost for well water pumped out of the basin and the cost to replenish the basin based on amount of water pumped
- Beverly Manor
▪ Amount of water pumped this period: 7.86 AF
▪ Cost of water pumped out: 7.86 AF of water at $344/AF = $2,703.84 ▪ Cost of replenishment: 7.86 AF of water at $344/AF = $2,703.84 $5,407.68
- Bolsa Chica
▪ Amount of water pumped this period: 1,761.87 AF
▪ Cost of water pumped out: 1,761.87 AF of pumped water at $344/AF = $606,151.63 ▪ Cost of replenishment: 1,761.87 AF of water at $344/AF = $606,151.63 $1,212,303.26
- Lampson Well
▪ Amount of water pumped this period: 110.48 AF
▪ Cost of water pumped out: 110.48 AF of pumped water at $344/AF = $38,075.43 ▪ Cost of replenishment: 110.48 AF of water at $344/AF = $38,075.43 $76,150.86
Agenda Item A
AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on July 14, 2025.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on July 14, 2025.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes - Regular Session, July 14, 2025
Seal Beach, California
July 14, 2025
The City Council met in Regular Session at 7:02 p.m. in the City Council Chambers.
Council Member Senecal led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Landau
Council Members: Kalmick, Senecal, Steele
Absent: Wong
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Kyle Cain, Orange County Fire Authority Captain
Joe Bailey, Marine Safety Chief
Gloria D. Harper, City Clerk
Shaun Temple, Planning Manager
Mike Ezroj, Police Captain
Tim Kelsey, Recreation Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer
Sean Sabo, Management Analyst
Brandon DeCriscio, Deputy City Clerk
PRESENTATIONS / RECOGNITIONS
• Marine Safety Lifesaving Awards
ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Catherine Showalter, Chad Berlinghieri, James Jenson, Hope Horning, and Schelly Sustarsic addressed the City Council. Mayor Landau closed oral communications.
Five (5) supplemental communications were received after posting the agenda; they were distributed to the City Council and made available to the public.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
Council Member Senecal pulled item C for separate consideration.
Mayor Landau moved, second by Council Member Senecal to approve the agenda.
AYES: Kalmick, Landau, Senecal, Steele
NOES: None
ABSENT: Wong
ABSTAIN: None
Motion carried
CITY ATTORNEY REPORT
City Attorney Ghirelli had nothing to report.
CITY MANAGER REPORT
City Manager Gallegos announced that trash pickup service has resumed after the Republic Services strike. He noted that while Republic Services works to catch up on trash collection, street sweeping will continue as scheduled; however, parking enforcement for street sweeping will be adjusted in the affected areas.
COUNCIL COMMENTS
Council Member Senecal reported that she met with residents regarding the water and wastewater utility rate study and potential rate adjustments.
Mayor Pro Tem Steele reported his attendance at the Golden Rain Foundation (GRF) President’s Council meeting, The City Staff 3rd of July Barbeque, a meeting with the Leisure World Uncensored Club and Director of Public Works Lee, and the Association of California Cities – Orange County (ACC-OC) Orange County Sanitation District (OCSan) tour.
Additionally, Mayor Pro Tem Steele noted that he was looking forward to the Joint Forces Training Base July 3rd fireworks returning next year.
Lastly, Mayor Pro Tem Steele noted that he went on vacation up to the mountains for the 4 th of July holiday.
Council Member Kalmick reported his attendance at the Sol’s Place Ribbon Cutting Ceremony, the City Staff 3rd of July Barbeque, the Surfside Colony Townhall Board Meeting, the Environmental Quality Control Board (EQCB) meeting, and the Urban Orchard Park Ribbon Cutting Ceremony.
Mayor Landau had no comments.
COUNCIL ITEMS
There were no Council Items.
CONSENT CALENDAR
Council Member Senecal moved, second by Council Member Kalmick, to approve the recommended actions on the consent calendar with the exception of Item C.
A. Approval of the City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 23, 2025.
B. Demand on City Treasury (Fiscal Year 2026) - Ratification.
C. Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total notto-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
The vote below is for the Consent Calendar Items with the exception of Item C.
AYES: Kalmick, Senecal, Steele, Landau
NOES: None
ABSENT: Wong
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
C. Amendment 2 to the Professional Services Agreement with Psomas for Development of an Environmental Impact Report - That the City Council adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total notto-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
City Manager Gallegos called upon Council Member Senecal for comments.
Council Member Senecal noted that the City would be reimbursed for the contract.
Council Member Senecal moved, second by Mayor Pro Tem Steele to adopt Resolution 7667: 1. Approving Amendment 2 to the Professional Services Agreement with Psomas to approve an increase in compensation of $18,080 for continued professional environmental consulting services for a revised total not-to-exceed amount of $256,473, and a 12-month extension to expire on June 30, 2026; and, 2. Authorizing the City Manager, or their designee, to execute Amendment 2 on behalf of the City.
AYES: Kalmick, Senecal, Steele, Landau
NOES: None
ABSENT: Wong
ABSTAIN: None
Motion carried
PUBLIC HEARING
D. Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments - 1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and, 2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk.
Director of Public Work Lee gave an overview of the Proposition 218 process.
Director of Public Works Lee and Raftelis Financial Advisors Manager Steve Gagnon provided an in-depth overview of the staff report and responded to questions.
Mayor Landau opened the Public Hearing. Speakers: Rick Mansour, Anonymous Speaker 1, Anonymous Speaker 2, Matthew Terry, Charlie Kluger, Christine Melgren, Hope Horning, Theresa Miller, James Jenson, Jerry Pieretti, and Catherine Showalter addressed the City Council. Mayor Landau closed the Public Hearing.
Mayor Landau read Council Member Wong’s statement into the record.
Council Member Senecal moved, second by Mayor Landau to continue Item D to the July 28, 2025, meeting.
AYES: Senecal, Landau
NOES: Kalmick, Steele
ABSENT: Wong
ABSTAIN: None
Motion failed
Council Member Senecal moved, second by Mayor Landau to reopen the Public Hearing and continue the item to the July 28, 2025, meeting.
City Manager Gallegos requested the item be moved to the August 11, 2025, City Council meeting due to staffing issues during the July 28, 2025, meeting.
The City Council Senecal accepted City Manager Gallegos’ request to continue the item to the August 11, 2025, City Council meeting.
AYES: Kalmick, Senecal, Landau
NOES: Steele
ABSENT: Wong
ABSTAIN: None
Motion carried
City Attorney Ghirelli noted that the Public Hearing has been reopened and will be reconsidered on August 11, 2025. He clarified that the opportunity to submit written protest letters will continue through the close of the Public Hearing August 11, 2025.
Council Member Senecal’s questions were addressed by City Clerk Harper, City Attorney Ghirelli, Raftelis Financial Consultants Manager Steve Gagnon, Director of Finance Arenado, and Director of Public Works Lee.
City Clerk Harper read into the record the results of the number of protest letters received regarding the proposed Water and Sewer Rates Increase, which are as follows: The City received written protests against the proposed rate adjustments for water service representing 297 parcels out of a total of 5587 parcels. The City received written protests against the proposed rate adjustments for sewer service representing parcels out of a total of 5050 parcels.
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
There were no new business items.
ADJOURNMENT
Mayor Landau adjourned the City Council meeting at 9:15 p.m. to Monday, July 28, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
_______________________________________________________________ SUMMARY OF REQUEST:
That the City Council receive and file the report.
BACKGROUND AND ANALYSIS:
In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.
The City Manager has the authority to approve and execute contracts up to the amount of $41,818.
Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.
Below is a list of contracts executed by the City Manager and Department Heads for the period of April 1, 2025 – June 30, 2025:
AGREEMENT
DATE
DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
3/24/2025 Public Works Vestis
Services, LLC
$39,000 Field Uniform
Supply,
Cleaning &
Logo Mat
Services
3/24/2027
3/30/2025 Public Works Local Agency
Engineering
Associates,
Inc.
$25,000 Amendment 1
to Professional
Agreement for
Interagency
Support &
Program
Management.
Original term
expired
6/30/2025;
amendment
extends term by
two (2) years.
6/30/2027
4/7/2025 Public Works Jeta Group,
Inc. dba JP
Electric
$40,000 General
Electrical
Installation,
Maintenance &
Repair Services
4/7/2026
4/7/2025 Public Works NV5, Inc $40,000 Staffing Support Services
12/31/2025
4/8/2025 Public Works Partners in
Control, Inc.
dba Enterprise
Automation
$33,968 Professional
Automation
Design,
Installation and
Implementation
Services
4/8/2026
4/14/2025 Public Works Duke Cultural
Resources
Management,
LLC
$16,780 Archaeological
Buried Site
Testing
Services for
Beverly Manor
Well
12/31/2025
5/13/2025 Public Works Environmental
Compliance
Inspection
Services
Increase
compensation
from original
agreement
totaling:
$13,000
Amendment 1
to the
Professional
Services
Agreement
for Fats & Oils
& Grease
(FOG)
inspection
services
5/25/2025
5/15/2025 Public Works Silsby
Strategic
Advisors, Inc.
$40,000 Strategic
Support
Services
07/01/2026
5/19/2025 Public Works Ron's
Maintenance
Inc.
$23,800 Catch Basin
Cleaning and
Maintenance
Services
5/19/2026
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 sufficient funding available in the Fiscal Year 2024-2025 budget.
However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Clerk and City Manager.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council receive and file the report.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City of Seal Beach Biennial Conflict-of-Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7671 amending the City’s Conflict-ofInterest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).
BACKGROUND AND ANALYSIS:
The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (City) to adopt a Conflict-of-Interest Code. A Conflict-of-Interest Code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700).
The PRA also requires local governments to review and, if necessary, to update their Conflict-of-Interest Code in each even-numbered year.
The City last updated the Conflict-of-Interest Code applicable to the City, Authority and Agency in February 2022 through Resolution 7343 (Attachment E). On June 23, 2025, the City Council authorized and approved amendments to the Classification Plan to reclassify one (1) Maintenance Services Supervisor position within the Public Works Department on the Seal Beach Full-Time Pay Schedule to the following positions and grades:
• Public Works Superintendent and designating this job classification to Grade 28B; and,
• Senior Utilities Supervisor, and designating this job classification to Grade 28A; and,
• Cross-Connection Control Specialist and designating this job classification to Grade 17.
The Public Works Department oversees a broad range of responsibilities and specialized disciplines, requiring personnel with specific expertise and
professional licenses to carry out their duties effectively. As the scope and complexity of municipal operations continue to evolve, it is critical that the City’s classification plan remains aligned with current regulatory standards, operational requirements, and workforce expectations.
Proposed Resolution 7671 (Attachment A) includes the following recommended updates to the City’s Conflict-of-Interest Code for the City and Authority, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution:
• The Model Code as set forth in Fair Political Practices Commission (FPPC) Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and,
• An Appendix containing the amended master list of the titles of designated employee positions to include Public Works Superintendent, Senior Utilities Supervisor, and Cross Connection Control Specialist (Attachment C); and,
• An Appendix containing the Disclosure Categories (Attachment C); and, • Authorization for changes to designated employee positions as listed in the Department Reorganization Plan as the City deems necessary; and, • An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D).
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
No financial impact related to this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7671 amending the City’s Conflict of Interest Code (Code) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS:
A. Resolution 7671
B. Model Code (2 Cal. Code Reg. 18730)
C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805
E. Resolution 7343
RESOLUTION 7671
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7343
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict-of-Interest Code for each department of the City.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict-of-Interest Code.
That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.
Section 3. Pursuant to Resolution Number 7343, the City previously adopted a Conflict-of-Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict-of-Interest Code, designated positions, and disclosure categories.
Section 4. Resolution Number 7343 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby
incorporated by reference and shall constitute the Conflict-of-Interest Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.” Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306.5.
The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.
Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-ofInterest Code.
Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.
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 7671 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
EXHIBIT “A”
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
*Cross Connection Control Specialist 2*
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
*Public Works Superintendent 1*
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
*Senior Utilities Supervisor 2*
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:
A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.
A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.
Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
*Cross Connection Control Specialist 2*
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
*Public Works Superintendent 1*
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
*Senior Utilities Supervisor 2*
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:
A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus are not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.
A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.
Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real property, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
RESOLUTION 7343
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7254
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (" City") to adopt a Conflict of Interest Code for each department of the City.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code ( the " Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.
Section 3. Pursuant to Resolution Number 7254, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict of Interest Code, designated positions, and disclosure categories.
Section 4. Resolution Number 7254 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit " A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1- 3, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit "A" shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit " A."
Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even- numbered years in accordance with the requirements of Government Code Sections 87306 and 87306. 5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the I I
Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.
Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict of Interest Code.
Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of October, 2022 by the following vote:
AYES: Council Members: Kalmick. Massa- Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
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SEAL 84c. Jde } almick, Mayor
A EST: c-A40RATF09C,Y
aLE 1 WA'IIaIr •
Gloria D. Harp- ,
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 7343 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular m - ting held on the 24th day of October, 2022.
Gloria D. H. • er, ' ' errk
EXHIBIT "A"
MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
18730. Provisions of Conflict of Interest Codes.
a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission( Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict ofinterest code. 2) Section 2. Designated Employees.
1 1
The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. 3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 ifthey are designated in this code in that same capacity or ifthe geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 ofthe Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 ofthe Political Reform Act, Section 87200; and C) The filing officer is the same for both agencies)
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee' s 2 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct ofthe employee' s office. 4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency' s conflict of interest code. 2 5) Section 5. Statements of Economic Interests: Time of Filing.
A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date ofthis code. Thereafter, each person • already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember' s Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person' s return to office, provided the person, or someone authorized to represent the person' s interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person' s military status.
3 4
D) Leaving Office Statements. All persons who leave designated positions shall file J statements within 30 days after leaving office.
5. 5) Section 5. 5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person' s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person' s appointment. Such persons shall not file either an assuming or leaving office statement.
A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
1) File a written resignation with the appointing power; and 2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. 6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
B) Contents of Assuming Office Statements.
4 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee' s first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302. 6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,' the statement shall contain the following:
1. A statement of the nature of the investment or interest; 5 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds$ 2, 000, exceeds $ 10, 000, exceeds$ 100, 000, or exceeds $ 1, 000, 000.
B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain:
1. The name and address of each source of income aggregating$ 500 or more in value, or 50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was$ 1, 000 or less, greater than$ 1, 000, greater than$ 10, 000, or greater than$ 100, 000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6 the statement shall contain:
1. The name, address, and a general description ofthe business activity of the business entity;
6 III2. The name of every person from whom the business entity received payments if the filer' s pro rata share of gross receipts from such person was equal to or greater than$ 10, 000.
D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee' s position with the business entity.
E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
8) Section 8. Prohibition on Receipt of Honoraria.
A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt ofincome or gifts from that source on the member' s or employee' s statement of economic interests.
B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
C) Subdivisions( a), ( b), and( c) of Section 89501 shall apply to the prohibitions in this section.
II D) This section shall not limit or prohibit payments, advances, or reimbursements for I i
travel and related lodging and subsistence authorized by Section 89506.
8. 1) Section 8. 1. Prohibition on Receipt of Gifts in Excess of$ 520. 7 11
di
A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than$ 520 in a calendar year from any single source, ifthe member or employee would be required to report the receipt of income or gifts from that source on the member' s or employee' s statement of economic interests.
B) This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official.
C) Subdivisions ( e), ( f), and( g) of Section 89503 shall apply to the prohibitions in this section.
8. 2) Section 8. 2. Loans to Public Officials.
A) No elected officer of a state or local government agency shall, from the date ofthe election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which 111 the elected officer holds office or over which the elected officer' s agency has direction and control.
B) No public official who is exempt from the state civil service system pursuant to subdivisions ( c), ( d), ( e), ( f), and( g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official' s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
C) No elected officer of a state or local government agency shall, from the date ofthe election to office through the date that the officer vacates office, receive a personal loan from 8 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, ifthe loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer' s official status.
D) No public official who is exempt from the state civil service system pursuant to subdivisions ( c), ( d), ( e), ( f), and ( g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender' s regular course of business on terms available to members of the public without regard to the elected officer' s official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official' s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in- law, brother-in- law, sister- in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 9 3. Loans from a person which, in the aggregate, do not exceed$ 500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
8. 3) Section 8. 3. Loan Terms.
A) Except as set forth in subdivision ( B), no elected officer of a state or local government agency shall, from the date ofthe officer's election to office through the date the officer vacates office, receive a personal loan of$500 or more, except when the loan is in writing and clearly states the terms ofthe loan, including the parties to the loan agreement, date ofthe loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
B) This section shall not apply to the following types ofloans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent- in-law, brother- in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, Provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998.
C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
8. 4) Section 8. 4. Personal Loans.
A) Except as set forth in subdivision( B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
10 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of$ 100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $ 250 during the previous 12 months.
B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision( A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision ( A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
11 9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee' s official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official' s immediate family or on:
A) Any business entity in which the designated employee has a direct or indirect investment worth$ 2, 000 or more;
B) Any real property in which the designated employee has a direct or indirect interest worth $2, 000 or more;
C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $ 500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating 500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
9. 3) Section 9. 3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee' s participation is legally required for the decision to be made. 12 4
The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
9. 5) Section 9. 5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official' s position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official' s immediate family has, within 12 months prior to the time when the official action is to be taken:
A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $ 1, 000 or more. 10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. 11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329. 5 or from the attorney for the employee' s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. 12) Section 12. Violations.
13 This code has the force and effect oflaw. Designated employees violating any provision of this J code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions ofthis code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
Designated employees who are required to file statements of economic interests under any other agency' s conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only( not disqualification), an interest in real property does not include the principal residence of the filer.
a Investments and interests in real property which have a fair market value of less than$ 2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual' s spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
14 11111
5 A designated employee' s income includes the employee' s community property interest in the income of the employee' s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer' s spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only ifthe clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103( e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4- 2- 80 as an emergency; effective upon filing ( Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction( Register 80, No. 29).
3. Amendment of subsection( b) filed 1- 9- 81; effective thirtieth day thereafter( Register 81, No. 2).
4. Amendment of subsection( b)( 7)( B) 1. filed 1- 26- 83; effective thirtieth day thereafter( Register 83, No. 5).
5. Amendment of subsection ( b)( 7)( A) filed 11- 10- 83; effective thirtieth day thereafter( Register 83, No. 46).
6. Amendment filed 4- 13- 87; operative 5- 13- 87 ( Register 87, No. 16).
7. Amendment of subsection( b) filed 10- 21- 88; operative 11- 20- 88 ( Register 88, No. 46).
8. Amendment of subsections ( b)( 8)( A) and( b)( 8)( B) and numerous editorial changes filed 8- 28- 90; operative 9- 27- 90 ( Reg. 90, No. 42).
15 9. Amendment of subsections ( b)( 3), ( b)( 8) and renumbering offollowing subsections and amendment of Note filed 8- 7- 92; operative 9- 7- 92 ( Register 92, No. 32).
10. Amendment of subsection( b)( 5. 5) and new subsections ( b)( 5. 5)( A)-(A)( 2) filed 2- 4- 93; operative 2- 4- 93 ( Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11- 22- 93 pursuant to title 1, section 100, California Code of Regulations ( Register 93, No. 48). Approved by Fair Political Practices Commission 9- 21- 93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1- 4-94 pursuant to title 1, section 100, California Code of Regulations ( Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number Register 94, No. 17).
14. Amendment of subsection( b)( 8), designation of subsection( b)( 8)( A), new subsection b)( 8)( B), and amendment of subsections( b)( 8. 1)-( b)( 8. 1)( B), ( b)( 9)( E) and Note filed 3- 14- 95; operative 3- 14- 95 pursuant to Government Code section 11343. 4( d) ( Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 ( Register 96, No. 13).
16. Amendment of subsections ( b)( 8)( A)-(B) and( b)( 8. 1)( A), repealer of subsection( b)( 8. 1)( B), and amendment of subsection( b)( 12) filed 10- 23- 96; operative 10- 23- 96 pursuant to Government Code section 11343. 4( d) ( Register 96, No. 43).
17. Amendment of subsections ( b)( 8. 1) and( 9)( E) filed 4- 9- 97; operative 4- 9- 97 pursuant to Government Code section 11343. 4( d) (Register 97, No. 15). 16 18. Amendment of subsections ( b)( 7)( B) 5., new subsections ( b)( 8. 2)-( b)( 8. 4)( C) and amendment of Note filed 8- 24- 98; operative 8- 24- 98 pursuant to Government Code section 11343. 4( d) Register 98, No. 35).
19. Editorial correction of subsection( a) ( Register 98, No. 47).
20. Amendment of subsections ( b)( 8. 1), ( b)( 8. 1)( A) and( b)( 9)( E) filed 5- 11- 99; operative 5- 11- 99 pursuant to Government Code section 11343. 4( d) ( Register 99, No. 20).
21. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A) and ( b)( 9)( E) filed 12- 6- 2000; operative 1- 1- 2001 pursuant to the 1974 version of Government Code section 11380. 2 and Title 2, California Code of Regulations, section 18312( d) and( e) ( Register 2000, No. 49).
22. Amendment of subsections( b)( 3) and( b)( 10) filed 1- 10- 2001; operative 2- 1- 2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2001, No. 2).
23. Amendment of subsections( b)( 7)( A) 4., ( b)( 7)( B) 1.- 2., ( b)( 8. 2)( E) 3., ( b)( 9)( A)-( C) and footnote 4. filed 2- 13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2001, No. 7).
24. Amendment of subsections( b)( 8. 1)-( b)( 8. 1)( A) filed 1- 16- 2003; operative 1- 1- 2003. 11 Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of II Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, I
111 17
nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 AdministrativeJ Procedure Act rulemaking requirements) ( Register 2003, No. 3).
25. Editorial correction of History 24 ( Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection( b)( 9. 5)( B) ( Register 2004, No. 33).
27. Amendment of subsections ( b)( 2)-( 3), ( b)( 3)( C), ( b)( 6)( C), ( b)( 8. 1)-( b)( 8. 1)( A), ( b)( 9)( E) and b)( 11)-( 12) filed 1- 4- 2005; operative 1- 1- 2005 pursuant to Government Code section 11343. 4 Register 2005, No. 1).
28. Amendment of subsection( b)( 7)( A) 4. filed 10- 11- 2005; operative 11- 10- 2005 ( Register 2005, No. 41).
29. Amendment of subsections ( a), ( b)( 1), ( b)( 3), ( b)( 8. 1), ( b)( 8. 1)( A) and ( b)( 9)( E) filed 12- 18- 2006; operative 1- 1- 2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2006, No. 51).
30. Amendment of subsections( b)( 8. 1)-( b)( 8. 1)( A) and( b)( 9)( E) filed 10- 31- 2008; operative 11- 30- 2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11- 15- 2010; operative 12- 15- 2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections ( a)-( b)( 1), ( b)( 3)-( 4), ( b)( 5)( C), ( b)( 8. 1)- b)( 8. 1)( A) and ( b)( 9)( E) and amendment of footnote 1 filed 1- 8- 2013; operative 2- 7- 2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A), (b)( 8. 2)( E) 3. and( b)( 9)( E) filed 12- 15- 2014; operative 1- 1- 2015 pursuant to section 18312( e)( 1)( A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) ( Register 2014, No. 51).
34. Redesignation of portions of subsection( b)( 8)( A) as new subsections ( b)( 8)( B)-( D), amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A), redesignation of portions of subsection b)( 8. 1)( A) as new subsections ( b)( 8. 1)( B)-( C) and amendment of subsection( b)( 9)( E) filed 12- 1- 2016; operative 12- 31- 2016 pursuant to Cal. Code Regs. tit. 2, section 18312( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO 10924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemakingJ
requirements and not subject to procedural or substantive review by OAL) ( Register 2016, No. 49).
35. Amendment of subsections ( b)( 8. 1)-( b)( 8. 1)( A) and( b)( 9)( E) filed 12- 12- 2018; operative 1- 11- 2019 pursuant to Cal. Code Regs., tit. 2, section 18312( e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections( b)( 8. 1)-( 8. 1)( A) filed 12- 23- 2020; operative 1- 1- 2021 pursuant to Cal. Code Regs., tit. 2, section 18312( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 ( FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) ( Register 2020, No. 52).
37. Amendment of subsections ( b)( 3)( C), ( b)( 5)( C), ( b)( 5. 5), ( b)( 5. 5)( A)( 2), ( b)( 7)( D), ( b)( 8)( A), b)( 8. 1)( A), (b)( 8. 2)( A), (b)( 8. 2)( C)-( D), ( b)( 8. 3)( A), ( b)( 9), ( b)( 9. 3), ( b)( 9. 5), ( b)( 10) and b)( 11) and footnote 5 filed 5- 12- 2021; operative 6- 11- 2021 pursuant to Cal. Code Regs., tit. 2, section 18312( e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992( FPPC regulations only subject to 1974 20 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL)( Register 2021, No. 20).
21 APPENDIX I
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2*
Building Official 1
City Clerk 1
Designated Consultants** 1
Deputy Director of Public Works/ City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1*
Police Chief 1
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Water Services Supervisor 2
New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance/ City Treasurer
Planning Commissioners
Individuals who are either ( 1) serve in a newly created or (2) provide services as a " consultant" as defined in Regulation 18700. 3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document ( see Appendix).
Consultants who fit into one or more of the following categories shall be included in the list of designated employees as " Designated Consultants":
A. Consultants who make ( not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate, or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City' s Conflict of Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of " Designated Consultants" described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City ( Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City Categories A and C, described above), the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document( see Appendix).
Bold Titles added to List of Designated Employee Positions LAPPENDIX 2
Disclosure Categories
Category 1 — Broad Responsibilities— Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two- mile radius of any property owned or used by the City.
Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3 — Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.
Category 4— Decision- Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City.
APPENDIX 3
FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
Agency Report of:
New Positions
A Public Document California Form o } pO A
Agency Name ( Also include, Division, Department, or Region( if applicable)) Amendment L
Agency Contact Date of Original Filing:
month, day, year)
Phone Number Email
2. New Position Information
Position Title/ Classification
Assigned Category OR Disclosure Requirement Assuming/ Start Date and Job Summary Optional)
Start m / d / yr
Start // mid lyr
Start // m d / yr
I
Start // m d / yr
Start // m/d / yr
Start / / m / d% yr
Start_//m / d / yr
3. Verification
I have read and understand FPPC Regulations 18700. 3 and 18734. I have verified that the disclosure assignment( s) set forth above, is in accordance with its provisions.
Signature Name Title month, day, year)
Comment: ( Use this space or an attachment for any additional information.) FPPC Form 804( 2/ 16)
Print Clear FPPC Toll- Free Helpline: 866/ ASK- FPPC( 866/ 275- 3772) Agency Report of: California 80 1
New Positions Form O t
A Public Document
State and local government agencies may use this form An agency changed the titles but not the duties and J to identify new positions that will make or participate in responsibilities of several positions. This form is not making governmental decisions on behalf of the agency. required. The agency must file an amendment to update An individual in a newly created position must file a the conflict of interest code.
Statement of Economic Interests ( Form 700) within 30
days of assuming office. Instructions
This form identifies the Statement of Economic Interests, Part 1
Form 700, disclosure requirements for individuals serving Identify the agency, contact information, and provide the in new positions. This form is for the agency' s internal amendment explanation in the comment section when use and should be maintained by the agency in the same applicable. manner as the agency' s conflict of interest code. For more information, refer to the FPPC website www. fppc. ca. gov Part 2 and Regulations 18700. 3 and 18734. Identify the new position( s) and describe the position' s duties. Identify the disclosure by:
Disclosure Requirements
Disclosure requirements should conform to the range of
Assigning an existing category( s) in the agency' s
code, or
duties.
Alternatively, the agency must require an individual
Writing a disclosure requirement.
to file under the broadest disclosure category in the Complete if the agency knows the employment date. agency' s conflict of interest code or, if the agency does not have a conflict of interest code, full disclosure. Part 3 Full disclosure includes reporting all investments, business The agency' s conflict of interest code should identify the positions, and interests in real property held on the date position that is responsible for the verification. of assuming office and income received during the 12
months immediately preceding assuming office. Example
When a newosition is added, in addition to completing Agency Report of p New PoslUons A Public Document
804
this form, the agency should begin the process to amend 1. Agency Name Mcua w..... M, PM 4.. 4.
D.,., e.,.,
the conflict of interest code.
COAJowtPowers
UnwedA
00. " "" .-..
M.
Sn+ th. Adam Eeecubve Dram
I6... xv^ eapro
5555555555 edem. mat. Qcjpa. a.gov
Examples: 2. New Peettion Information
Prsts. ReWcheeatteeee
mea Caped OR 0Y0Mm mRe a•••• 01ralee
MO Job NlMmry teMaeq
An agency added a new data processing manager Data Processing Manager position. The individual will be assigned the same
manages ITDept) 3
4,?-1;.--:
disclosure category that the agency' s other IT staff are Licensing Proctor Al investments, baseness
assigned.
Idoy statement attached) 3 positions in Dueness enaties. :''.÷..+ and sources r
W income,
Director
Kgne, Including gifts. ba .
g end trawl payments. from
An agency implemented a new licensing program and a
temente"°""°) 3
en; bes a_ lrk.-
new managerposition was added. Because this was a
L uwng Director
tat are of the type subject to
g duty statement attached) 3 Seeming by the Department 0, new program, the agency provided a written description
we' object
to regulation by the
of the individual' s disclosure requirements which included Lduystatement caruing Directoreeached) 3 Department.
il—
sources subject to the licensing procedures. Licensing Director 3 ( Atternetey, attach a
Idorystatm art attached)
written explanation.) ,„.,,
7.4„,_
An agency reorganized and changed the duties of several positions listed in the conflict of interest code. This form is m not required as positions are not new. The agency should 3. Vedfeatien euid... eV PIPL Rre" WbmX. r! ove re) N.r A. n+whee4r Me OWue. c. e. pnMmlW bM Ken.^ w. 4 begin to amend its conflict of interest code if the range of b+ ^•'^°
r°
authority and types of decisions changed. weer e..... 1 Adam Snot Executhotrecta 3. 10- xx, FPPC Form 804( 2/ 16)
FPPC Toll- Free Helpline: 866/ ASK- FPPC( 866/ 275- 3772) Agency Report of:
Consultants California
A Public Document Form 805
1. Agency Name ( Also include, Division, Department, or Region( if applicable)) Amendment
Agency Contact Date of Original Filing:
month, day, year)
Phone Number Email
2. Firm Information
Firm Name
Firm Address Email( optional) Email( optional)
Describe General Purpose of Contract
3. Consultant Information
Consultant Name Assigned Category OR Disclosure Requirement Assuming/ Start Date 11! Leaving/ End Date
if known)
Start / /
m / dd % yr
End / /
m / dd / yr
Start / /
m d / yr
End / /
m / dd / yr
Start / /
m / d / yr
End / /
m / dd / yr
4. Verification
I have read and understand FPPC Regulations 18700. 3 and 18734. I have verified that the disclosure assignment( s) set forth above, is in accordance with its provisions.
Signature Name Title month, day, year)
Comment: (Use this space or an attachment for any additional information.) Print Clear
FPPC Form 805( 2/ 16)
FPPC Toll- Free Helpline: 866/ ASK- FPPC( 866/ 275- 3772) Agency Report of: California Q O G
Consultants Form v J
A Public Document 1 State and local government agencies may use this form Instructions to identify consultants that will make or participate in An individual must file the Form 700 within 30 days making governmental decisions on behalf of the agency. of assuming office and an annual statement for each A consultant must file a Statement of Economic Interests calendar year of the contract. At the conclusion of Form 700) within 30 days of assuming office. services a leaving office statement is required.
This form identifies the Statement of Economic Interests, Part 1 Form 700, disclosure requirements for individuals serving in these positions. This form is for the agency' s internal Identify the agency, contact information, and provide the use and should be maintained by the agency in the same amendment explanation in the comment section when manner as the agency' s conflict of interest code. For more applicable. information, refer to the FPPC website www. fppc. ca. gov and Regulation 18700. 3 and 18734. Part 2
Identify the consultant' s firm name and address. Briefly Disclosure Requirements describe the general purpose of the contract.
Disclosure requirements should conform to the range of
duties. Part 3
Alternatively, the agency must require an individual Identify the name of those individuals that qualify as to file under the broadest disclosure category in the consultants and will file the Form 700. Identify the agency' s conflict of interest code or, if the agency does disclosure by:
not have a conflict of interest code, full disclosure. Assigning an existing category(s) in the agency' s code, or
Full disclosure includes reporting all investments, business Writinga disclosure requirement.
positions, and interests in real property held on the date J of assuming office and income received during the 12 Provide the start and end dates of service if known. months immediately preceding assuming office.
Part 4
Examples: The Agency' s conflict of interest code should identify the An agency hired a law firm to act as its general counsel. position that is responsible for the verification.
An individual will make recommendations to the agency' s Example of Part 2& 3
board and provide general legal services. The individual qualifies as a
consultant and based on the indefinable 2. Fan Information flan NYne
duties will be assigned the broadest or full disclosure ABCCgp, pa„ r teP« eq E weta Ml
One. Address
the agency' s conflict of interest code.
101E Capital SI.. Sacramento. CA 95814 abccoCormpamy. com Deanne General Purpose a Conner
Prepare an EIR en Dawn expana. on.
Not all outside contractors meet the consultant definition
3. Consultant Information
in FPPC Regulation 18700. 3 requiring of the Form Consultant Nems Assigned Category OR DleGoeuro Requirement
µte
700. When an agency determines that an individual is a en Man) consultant with limited duties, tailored disclosure should HectorRodrigucz 3I
ImmFr'r`1
be used.
9iyf
An agency hired a firm to prepare an environmental impact report(" E1R') on airport expansion. The individual at
the firm who will prepare the E1R should be assigned a
disclosure requirement that reflects the contract' s scope of authority. An example might include real property,
investments and business positions in business entities, and income from only those sources engaging in air traffic or aviation goods or services. Note: The agency can
assign an existing disclosure category, if applicable. FPPC Form 805( 2/ 16) FPPC Toll- Free Helpline: 866/ ASK- FPPC( 8661275- 3772) Agenda Item F
AGENDA STAFF REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Establishing the Regular Meeting Time of the
Environmental Quality Control Board
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve Resolution 7672 establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board.
BACKGROUND AND ANALYSIS:
Currently, the Environmental Quality Control Board’s (EQCB) regularly scheduled meeting is on the third Wednesday of the month at 6:15 p.m. Members of the EQCB have raised concerns regarding punctuality and have expressed a preference for aligning meeting start times with those of both the Planning Commission and the City Council.
Pursuant to Municipal Code Section 3.10.005, the EQCB may approve a resolution setting the day and time for its regular meetings, which the City Council then may approve or reject. At the July 9, 2025 meeting, the EQCB voted unanimously to establish a new regular meeting time of 7:00 p.m. on the third Wednesday of the month.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
This item has been reviewed as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve Resolution 7672 establishing the third Wednesday of the month at 7:00 p.m. as the regular meeting time for the Environmental Quality Control Board.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, City Manager
Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:
A. Resolution 7672
B. Resolution 25-01
RESOLUTION 7672
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
A REGULAR MEETING TIME FOR THE SEAL BEACH
ENVIRONMENTAL QUALITY CONTROL BOARD
WHEREAS, Municipal Code Section 3.10.005 Environmental Quality Control Board states that board meetings shall be held once per month on a day and at a time fixed by board resolution and confirmed by the City Council; and, WHEREAS, the Environmental Quality Control Board (Board) meetings are currently held on the third Wednesday of the month at 6:15 p.m.; and,
WHEREAS, the Board would like to align meeting start times with the City Council; and, WHEREAS, the Board approved EQCB Resolution 25-01 on July 9, 2025, establishing a new regular meeting time of the third Wednesday of the month at 7:00 p.m.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:
Section 1. The City Council hereby approves the new regular meeting time of 7:00 p.m. on the third Wednesday of the month for the Environmental Quality Control Board.
Section 2. The Council hereby directs the City Manager or their designee to take all necessary steps to implement the new regular meeting time.
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 7672 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 G
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 Yunex, LLC for
Traffic Signal Maintenance Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7673:
1. Approving Amendment 2 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, to extend the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-2026); and,
2. Authorizing compensation of $80,000 for such additional services during Fiscal Year 2025-2026; and,
3. Authorizing an increase in compensation for the third extension (Fiscal Year 2024-25) by $10,000 and the total compensation of $75,000 through June 30, 2025, for a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026; and,
4. Authorizing and directing the City Manager to execute Amendment 2 on behalf of the City.
BACKGROUND AND ANALYSIS:
The City of Seal Beach owns and maintains twenty-three (23) traffic signals and five (5) flashing beacons. This does not include the eight (8) Caltrans-owned signals along Pacific Coast Highway and the I-405 ramps. Maintenance associated with these traffic signals includes a broad range of services, such as routine inspection of traffic signal and operations equipment, emergency and non-emergency repairs, new equipment and software upgrades.
On May 13, 2019, City Council approved Resolution 6915, awarding a Professional Service Agreement to Yunex, LLC (previously Siemens Mobility, Inc.) for Traffic
Signal Maintenance Services for an annual amount of $75,000, and the total notto-exceed amount of $225,000 for a three-year term. The agreement also included two (2) optional one-year extensions with a not-to-exceed amount of $75,000 for each additional year.
After the agreement was approved in 2019, the City exercised the allowable two (2) optional one-year extensions, thereby extending the term to May 13, 2024. In addition, on May 13, 2024, the City Council adopted Resolution 7515 approving Amendment 1 (third extension) of the agreement which extended the term through June 30, 2025, authorized $65,000 as compensation for the third extension, and increased the total not-to-exceed contract amount to $460,000 for the extended term through June 30, 2025. Staff recommends approval of a second amendment (fourth extension) to the existing agreement for an additional one-year term to cover Fiscal Year (FY) 2025-2026. The City relies heavily on this consultant for traffic signal services, as there is not in-house capacity to perform this specialized work. Given the ongoing need for these services and the consultant’s proven track record of fair pricing and high-quality work, issuing a new Request for Proposals (RFP) is not recommended at this time. Continuation with the current consultant ensures service continuity and operational efficiency.
During the FY 2024–2025 budget process, the project budget was reduced to $65,000 for the third extension. However, due to unforeseen work, costs are now estimated at $75,000 through June 30, 2025. Staff recommends approval of Amendment 2 to extend the agreement through June 30, 2026 (fourth extension), to authorize compensation of $80,000 for FY 2025–2026, and to increase FY 2024–2025 compensation by $10,000 for a total of $75,000 for the third extension. The revised total not-to-exceed contract amount is $550,000.
ENVIRONMENTAL IMPACT:
This Agreement complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301, Class 1.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
The contract has two components – (1) Routine Maintenance, and (2) Extraordinary Maintenance. Routine Maintenance generally comprises regular inspection and adjustments of the traffic signal system. Extraordinary Maintenance generally includes emergency/non-emergency traffic signal repairs.
For the third extension, covering FY 2024-2025, the Extraordinary Maintenance cost exceeded the original budget. Staff is requesting approval of an additional $10,000, bringing the total not-to-exceed annual amount to $75,000 for
FY 2024-2025.
For the fourth extension, covering Fiscal Year 2025-26, Routine Maintenance is estimated to be $26,513. As the number of Extraordinary Maintenance repairs is generally unpredictable, staff recommends allocating $53,487 for the fourth extension, for a total not-to-exceed annual amount of $80,000.
The requested increase in compensation will bring the not-to-exceed total contract amount to $550,000. The Traffic Signal Maintenance Services contract is budgeted in the Fiscal Year 2025-26 General Fund Street Maintenance Account.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7673:
1. Approving Amendment 2 to the Professional Services Agreement with Yunex, LLC dated March 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, to extend the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-2026); and,
2. Authorizing compensation of $80,000 for such additional services during Fiscal Year 2025-2026; and,
3. Authorizing an increase in compensation for the third extension (Fiscal Year 2024-25) by $10,000 and the total compensation of $75,000 through June 30, 2025, for a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026; and,
4. Authorizing and directing the City Manager to execute Amendment 2 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: Kathryne Cho, Deputy Director of Public Works/City Engineer
ATTACHMENTS:
A. Resolution 7673
B. Amendment 2 to PSA with Yunex, LLC
C. Amendment 1 to PSA with Yunex, LLC
D. Agreement with Yunex, LLC (previously Siemens Mobility Inc.) RESOLUTION 7673
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH YUNEX, LLC FOR TRAFFIC SIGNAL MAINTENANCE
SERVICES
WHEREAS, on May 13, 2019, the City Council adopted Resolution 6915 approving a three (3) year Professional Services Agreement (Agreement) with Yunex, LLC (previously known as Siemens Mobility, Inc.) to provide traffic signal maintenance services for an annual amount of $75,000, or $225,000 for the three-year term, and authorizing the City Manager to extend the Agreement for up to two additional one-year extensions; and,
WHEREAS, after approval of the Agreement, the City previously exercised the Agreement’s two (2) allowable one-year extensions and thereby extended the term to May 13, 2024; and,
WHEREAS, the City Council also adopted Resolution 7515 amending the Agreement with Yunex, LLC to extend the term through June 30, 2025, and increasing Yunex’s total not-to-exceed contract amount to $460,000; and,
WHEREAS, the City desires to amend the Agreement with Yunex, LLC to approve a fourth extension of the contract term extending through June 30, 2026 (Fiscal Year 2025- 26), to authorize compensation of $80,000 for the fourth extension, and to increase the compensation by $10,000 for the third extension (FY 2024-25) for a total of $75,000 through June 30, 2025, and a revised total not-to-exceed contract amount of $550,000 for the extended term through June 30, 2026.
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 Professional Services Agreement dated May 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, (a) extending the term of the Agreement for a fourth extension through June 30, 2026 (Fiscal Year 2025-26), (b) approving compensation of $80,000 for the services to be provided in the fourth extension (Fiscal Year 2025-26), and (c) increasing the compensation by $10,000 for the third extension (Fiscal Year 2024- 25) for the total compensation of $75,000 through June 30, 2025, and a revised total not-to-exceed contract amount of $550,000, for the extended term through June 30, 2026.
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 7673 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 2 TO
PROFESSIONAL SERVICES AGREEMENT
for
Traffic Signal Maintenance Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Yunex, LLC
2250 Business Way
Riverside, California 92501
(951) 784-6600
This Amendment 2, dated July 28, 2025, amends that certain Professional Services Agreement (“Agreement’) dated May 13, 2019, as previously amended by Amendment 1 dated May 13, 2024, by and between the City of Seal Beach (“City”), a California charter city, and Yunex, LLC (“Contractor”), a limited liability company (collectively, “the Parties”).
S7296-0001\3131361v2.doc
RECITALS
A. City and Contractor are parties to the Agreement, pursuant to which City retained Contractor to provide certain professional traffic signal maintenance services.
B. Effective May 13, 2019, City and Contractor entered into an Agreement for Contractor to provide traffic signal maintenance services with Original Term ending May 13, 2021, with two optional one-year extensions at the discretion of City.
C. The Agreement was extended by extension letter pursuant to City’s election for an additional one-year (“first extension”) to May 13, 2022; and the Agreement was also extended pursuant to City’s election for a second extension to May 13, 2024.
D. Effective May 13, 2024, City adopted Resolution 7515 to further extend the contract term to and including June 30, 2025 (third extension), and to increase Contractor’s compensation to $75,000 for the third extension, for a revised total not-toexceed amount of $460,000.
E. City and Contractor desire to amend the Agreement by this Amendment 2 to extend the contract term for a fourth extension to and including June 30, 2026 (Fiscal Year 2025-26), to authorize compensation of $80,000 for the services to be provided during the fourth extension, and to increase Contractor’s FY 2024-25 compensation by $10,000 to $75,000, for a revised total not-to-exceed amount of $550,000, as provided herein.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AMENDMENT 2
Section 1. Subsection 1.1 of Section 1.0 (Scope of Services) of this Agreement is hereby amended in its entirety to read as follows:
“1.1. For the Original Term and the First and Second extensions (as defined in Section 2.0), Contractor shall provide those services (“Services”) set forth in the attached Exhibit A, which is incorporated herein by this reference.
1.1.1 For the Third Extension (as defined in Subsection 2.1.2), Contractor shall provide those services (“Services”), set forth in Exhibit A, as modified by Exhibit A-1 which are incorporated herein by this reference.
1.1.2. For the Fourth Extension (as defined in Subsection 2.1.3), Contractor shall provide those services (“Services”), set forth in Exhibit A, as modified by Exhibit A-1 and Exhibit A-2, which are incorporated herein by this reference.
S7296-0001\3131361v2.doc
1.1.3. To the extent that there is any conflict between this Agreement, on the one hand, and Exhibit A, Exhibit A-1, and Exhibit A-2, on the other hand, this Agreement shall control.”
Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows:
“2.0 Term
2.1. Original Term. This Agreement originally commenced as of the Effective Date and continued for a term of three (3) years through and including midnight on May 13, 2022 (“Original Term”).
2.1.1 First Extension and Second Extension. This Agreement was extended for one additional one-year term from May 13, 2022 via extension letter to and including at midnight on May 13, 2023 (“First Extension”); and was thereafter extended for one additional one-year term by extension letter from May 13, 2023 to and including at midnight on May 13, 2024 (“Second Extension”).
2.1.2 Third Extension. This Agreement was extended from May 13, 2024 through and including June 30, 2025 (“Third Extension”).”
2.1.3 Fourth Extension. This Agreement is hereby extended from June 30, 2025 through and including June 30, 2026 (“Fourth Extension”), unless sooner terminated or extended as provided by this Agreement.” Section 3. Section 3.0 (Contractor’s Compensation) of the Agreement is hereby amended in its entirety to read as follows:
“3.0 Contractor’s Compensation
3.1. City will pay Contractor in accordance with the following provisions, but in no event will City pay more than the total amount of Five Hundred Fifty Thousand Dollars and no/100 ($550,000), as follows:
3.1.1 Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set for in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty-Five Thousand Dollars ($225,000.00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy-Five Thousand Dollars ($75,000) for each year of the Original Term.
3.1.2 First Extension and Second Extension. For the First Extension (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Seventy-Five Thousand Dollars ($75,000) for the First Extension of the Agreement. For the Second Extension
S7296-0001\3131361v2.doc
(as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Ninety-Five Thousand Dollars ($95,000) for the Second Extension of this Agreement.
3.1.3. Third Extension. For the Third Extension (as defined by Section 2.1.2, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-1, but in no event will the City pay more than Seventy-Five Thousand Dollars ($75,000) for the Third Extension of this Agreement.”
3.1.4. Fourth Extension. For the Fourth Extension (as defined by Section 2.1.3, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-2, but in no event will the City pay more than Eighty Thousand Dollars ($80,000) for the Fourth Extension 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 May 13, 2019, Extension Letter 1 dated February 22, 2022, Extension Letter 2 dated March 13, 2023, Amendment 1 dated May 13, 2024, and this Amendment 2 dated July 28, 2025, as if all terms are fully set forth therein.
Section 5. Except as expressly modified or supplemented by this Amendment 2, 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 2 and the provisions of the Agreement, the provisions of this Amendment 2 shall control.
Section 6. This Amendment 2 shall be effective as of July 1, 2025.
Section 7. The persons executing this Amendment 2 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment 2 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment 2.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment 2 as of the date and year first above written.
S7296-0001\3131361v2.doc
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
CONTRACTOR: Yunex, LLC, a limited
liability corporation
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.)
Digitally signed by Josh
DN: C=US, [email protected],
O=Yunex LLC, OU=Customer Service, CN=Josh
Date: 2025.07.07 09:55:47-07'00'
Yunex LLC
1026 E. Lacy Ave
Anaheim, CA 92805
714.284.0206
714.284.1150 Fax
https://yunextraffic.com
June 6, 2025
Iris Lee
Deputy Public Works Director/ City Engineer
Public Works Department
City of Seal Beach
211 8th St.
Seal Beach, CA 90740
Subject: FY2025/2026 Contract Extension
Dear Ms. Lee,
This letter shall serve as our official request for a contract extension with a rate increase of 3% pursuant to the Consumer Price Index for the Los Angeles/Long Beach/Anaheim area. A copy of the report is attached for reference. With this increase, Yunex LLC will continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement (“Professional Services Agreement for Traffic Signal Maintenance Services by and between the City of Seal Beach and Siemens Mobility, Inc.” Dated May 13th, 2019) between Yunex LLC, and the City of Seal Beach for an additional year (July 1st 2025, June 30th 2026).
We feel we have completed another successful and mutually beneficial year with the City of Seal Beach. We thank you for your business and we are looking forward to continuing servicing all your maintenance needs.
Please feel free to contact me if you have any questions or concerns.
Sincerely,
YUNEX LLC
Joshua Ferras City of Seal Beach
Joshua Ferras By:
Regional Manager Title:
Western Information Office
Bureau of Labor Statistics Geographic Information Western News Release News Release Information
25-824-SAN
Tuesday, May 13, 2025
Contacts
Technical information:
(415) 625-2270
[email protected]
www.bls.gov/regions/west
Media contact:
(415) 625-2270
Related Links
CPI historical databases
Consumer Price Index, Los Angeles area — April 2025
Area prices were up 0.6 percent over the past month, up 3.0 percent from a year ago The Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles-Long Beach Anaheim advanced 0.6 percent in April, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Chris Rosenlund noted that the all items less food and energy index increased 0.5 percent. The food index advanced 0.6 percent, and the energy index rose 1.6 percent. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.) The Los Angeles area all items CPI-U rose 3.0 percent for the 12 months ending in April. The index for all items less food and energy advanced 3.3 percent over the year. The food index rose 3.8 percent, while the energy index declined 3.0 percent.
View Chart Data
Food
The food index increased 0.6 percent in April. The food at home index (grocery store purchases) declined 0.3 percent, led by lower prices for meats, poultry, fish and eggs (-2.7 percent). The food away from home index (restaurant, cafeteria, and vending purchases) advanced 1.5 percent for the same period.
The food index rose 3.8 percent over the year. The food at home index increased 2.4 percent, with higher prices in 5 of the 6 grocery categories. The food away from home index advanced 5.3 percent.
Energy
U.S. BUREAU OF LABOR STATISTICS
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Western Archives
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The energy index increased 1.6 percent over the month. Gasoline prices increased 3.2 percent.
The energy index declined 3.0 percent over the year. Gasoline prices decreased 9.2 percent.
All items less food and energy
The index for all items less food and energy rose 0.5 percent in April. Among the index’s components, prices were higher for medical care (+1.2 percent) and shelter (+0.5 percent). In contrast, prices were lower for apparel (-1.4 percent).
The index for all items less food and energy advanced 3.3 percent over the year, reflecting higher prices for medical care (+5.9 percent) and shelter (+4.1 percent). In contrast, prices were lower for household furnishings and operations (-2.3 percent) and new and used motor vehicles (-1.1 percent).
Table A. Los Angeles-Long Beach-Anaheim, CA, CPI-U 1-month and 12-month percent changes, all items index, not seasonally adjusted Month
2021 2022 2023 2024 2025
1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month January 0.2 0.9 1.1 7.5 1.9 5.8 1.0 2.5 0.9 3.3
February 0.4 1.0 0.3 7.4 -0.3 5.1 0.5 3.4 0.3 3.1
March 0.5 2.2 1.5 8.5 0.1 3.7 0.7 4.0 0.7 3.0
April 1.1 3.6 0.5 7.9 0.7 3.8 0.6 3.9 0.6 3.0
May 0.6 3.9 0.8 8.0 0.1 3.2 0.1 3.9
June 0.6 4.0 1.1 8.6 0.5 2.5 -0.2 3.2
July 0.6 3.9 -0.2 7.7 0.0 2.7 0.2 3.4
August 0.2 4.0 0.1 7.6 0.7 3.3 0.1 2.9
September 0.3 4.6 0.5 7.8 0.3 3.2 0.2 2.8
October 0.9 5.4 0.6 7.5 -0.1 2.4 0.0 3.0
November 0.6 6.0 -0.8 6.0 -0.4 2.8 -0.2 3.2
December 0.4 6.6 -0.6 4.9 0.0 3.5 0.2 3.4
The May 2025 Consumer Price Index for the Los Angeles area is scheduled to be released on June 11, 2025.
Publication updates and changes
In accordance with annual practice, relative importance weights have been updated and are available online in the CPI Supplemental Table of Contents.
Effective with the January 2025 data release, several indexes and average price series were discontinued. More information is available on the CPI discontinued series page. Direct any inquiries to the CPI office using one of the CPI contact information options listed online.
Technical Note
The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Los Angeles is published monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period.
A full all-items data series history for the original index value and for 1-month, 2-month, 3-month, 6-month, and 12-month percent changes can be accessed via BLS data query tools. A direct link to the all-items series is provided in Table 1 of this release under historical data.
The Los Angeles-Long Beach-Anaheim, CA Core Based Statistical Area includes Los Angeles and Orange Counties in California.
Refer to the national CPI news release technical note or the Handbook of Methods for more information.
Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1.
Table 1. Los Angeles-Long Beach-Anaheim, CA, CPI-U by expenditure category for April 2025, not seasonally adjusted (1982-84=100 unless otherwise noted)
Expenditure category
Indexes Percent change from:
Historical
data
Feb.
2025
Mar.
2025
Apr.
2025
Apr.
2024
Feb.
2025
Mar.
2025
All items 338.438 340.648 342.565 3.0 1.2 0.6
All items (1967=100) 999.896 1,006.426 1,012.090 - - -
Footnotes
(1) Indexes on a December 1977=100 base.
(2) Indexes on a December 1982=100 base.
(3) Indexes on a December 1997=100 base.
(4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base.
- Data not available.
NOTE: Index applies to a month as a whole, not to any specific date.
City of Seal Beach
Traffic Signal Maintenance Services
Project Cost Schedule
I. Routine Maintenance
Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 $87.55 $1,926.10 $23,113.20 Monthly Flash Beacon Maintenance EA 5 $56.65 $286.25 $3,399.00 Total $26,512.20
II. Direct Labor Rates
Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR $72.10 $72.10 $72.10
Foreman HR $133.90 $164.80 $190.55
Traffic Signal Technician HR $128.75 $154.50 $180.25
Streetlight Technician HR $118.45 $139.05 $159.65
Utility Technician HR $128.75 $154.50 $180.25
Groundsman HR $118.45 $154.50 $154.50
Lab Technician HR $133.90 $133.90 $133.90
Engineering/Systems Technician HR $133.90 $164.80 $190.55 Regular time hours are Monday-Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07:30AM, Weekends and Holidays III. Equipment Rates
Item Description Unit Rate
Service Truck HR $30.90
Bucket Truck HR $36.05
Crane Truck HR $66.95
Towable Air Compressor HR $5.15
Towable Arrow Board HR $5.15
IV. Extraordinary Maintenance
Item Description Unit Unit Price
Underground Services Alert (USA) Locate/Markout Services HR $154.50 Install 6' Dia Circular Type E Loop (1-4 loops) EA $540.75 Install 6' Dia Circular Type E Loop (5 or More loops) EA $494.40 Cabinet Testing EA $1,236.00
V. Material
Item Description Unit Unit Price
Material Mark-up will be Invoice Cost Plus 15%
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
for
Traffic Signal Maintenance Services
between
OF SEA/ BN
JpPOggjFo' , 11
i*
OUNTy,.••-
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Yunex, LLC
2250 Business Way
Riverside, California 92501
951) 784- 6600
This Amendment No. 1 , dated May 13, 2024, amends that certain Professional Services Agreement (" Agreement') dated May 13, 2019, by and between the City of Seal Beach City"), a California charter city, and Yunex, LLC (" Contractor"), a limited liability company collectively, " the Parties").
RECITALS
A. City and Contractor are parties to the Agreement, pursuant to which City retained Contractor to provide certain professional traffic signal maintenance services.
B. Effective May 13, 2019, City and Contractor entered into an Agreement for Contractor to provide traffic signal maintenance services with Original Term ending May 13, 2021, with two optional one- year extensions at the discretion of City.
C. The Agreement was extended by extension letter pursuant to City' s election for an additional one- year (" first extension") to May 13, 2023; and the Agreement was also extended pursuant to City' s election for a second extension to May 13, 2024.
D. City and Contractor desire to amend the Agreement by this Amendment No. 1 to extend the contract term to and including June 30, 2025, as provided herein, and to increase Contractor' s compensation, for a revised total not-to-exceed amount of 460,000, as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AMENDMENT NO. 1
Section 1 . Subsection 1. 1 of Section 1. 0 ( Scope of Services) of this Agreement is hereby amended in its entirety to read as follows:
1 . 1. For the Original Term and the First and Second extensions ( as defined in Section 2. 0), Contractor shall provide those services (" Services") set forth in the attached Exhibit A, which is incorporated herein by this reference. 1 . 1. 1 For the Third Extension ( as defined in Subsection 2. 1. 2), Contractor shall provide those services (" Services"), set forth in Exhibit A, as modified by Exhibit A- 1 which is incorporated herein by this reference.
1. 1. 2. To the extent that there is any conflict between this Agreement, on the one hand, and Exhibit A or Exhibit A- 1, on the other hand, this Agreement shall control."
Section 2. Section 2. 0 ( Term) of this Agreement is hereby amended in its entirety to read as follows:
2. 0 Term
2. 1. Original Term. This Agreement originally commenced as of the Effective Date and continued for a term of three (3) years through and including midnight on May 13, 2022 (" Original Term").
S7296- 0001\ 2958637v2. doc
2. 1. 1 First Extension and Second Extension. This Agreement was extended for one additional one- year term from May 13, 2022 via extension letter to and including at midnight on May 13, 2023 (" First Extension"); and was thereafter extended for one additional one-year term by extension letter from May 13, 2023 to and including at midnight on May 13, 2024 (" Second Extension").
2. 1. 2 Third Extension. This Agreement is hereby extended from May 13, 2024 through and including June 30, 2025 ("Third Extension"), unless sooner terminated or extended as provided by this Agreement." Section 3. Section 3. 0 ( Contractor' s Compensation) of the Agreement is hereby amended in its entirety to read as follows:
3. 0 Contractor' s Compensation
3. 1. City will pay Contractor in accordance with the following provisions, but in no event will City pay more than the total amount of Four Hundred Sixty-Thousand Dollars and no/ 100 ($ 460, 000), as follows:
3. 1. 1 Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set for in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty- Five Thousand Dollars 225, 000. 00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy- Five Thousand Dollars ($ 75, 000) for each year of the Original Term, unless otherwise approved by City.
3. 1. 2 First Extension and Second Extension. For the First Extension ( as defined by Section 2. 1. 1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Seventy-Five Thousand Dollars 75, 000) for the First Extension of the Agreement. For the Second Extension as defined by Section 2. 1. 1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Ninety-Five Thousand Dollars ($ 95, 000) for the Second Extension of this Agreement.
3. 1. 3. Third Extension. For the Third Extension ( as defined by Section 2. 1. 2, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A- 1, but in no event will the City pay more than Sixty- Five Thousand Dollars ($ 65, 000) for the Third Extension of this Agreement."
Section 4. Section 28. 0 is hereby added to the Agreement to read as follows:
28. 0 Government Code Claim Compliance
S7296- 0001\ 2958637v2. doc
In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/ or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/ or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against City."
Section 5. Section 29.0 is hereby added to the Agreement to read as follows:
29. 0 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." Section 6. 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 May 13, 2019, Extension Letter No. 1 dated February 22, 2022, Extension Letter No. 2 dated March 13, 2023, and this Amendment No. 1 dated May 13, 2024, as if all terms are fully set forth therein.
Section 7. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
Section 8. This Amendment No. 1 shall be effective on May 13, 2024.
Section 9. The persons executing this Amendment No. 1 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment No. 1 as of the date and year first above written.
S 7296- 00011295 8637 v 2. d oc
CITY • SAL ' H CONTRACTOR: Yunex, LLC, a limited
T' liability corporation
B 014^ s grretl by Varga Sasha Y 050 = Vargas$ ashy ID04amer.
Ingram, City Man r By: varas„,° a. da cc° m
off» 2104 00 0] 00. 00 41- 00115
Name: Sasha Vargas
Attest: Its: Commercial Service Manager
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4174t , • By: p 4 0, saw n,
By: Name: Joshua Ferras
Gloria D.' ar:"" rity Clerk Its: Protect Manager
Approved
Please note, two signatures required for
PP as orm: corporations under Corp. Code§ 313, unless
corporate documents authorize only one person
to sign this Agreement on behalf of the
By: corporation.)
Nicholas Ghirelli, City Attorney
S7296- 0001\ 2958637v2. doc
Y
I I \ I
EXHIBIT A- 1
TRAFFIC
City of Seal Beach
Traffic Signal Maintenance Services
Project Cost Schedule
I. Routine Maintenance
Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 85. 00 1, 870. 00 $ 22, 440. 00 Monthly Flash Beacon Maintenance EA 5 55. 00 275. 00 $ 3, 300. 00 Total $ 25, 740. 00
II. Direct Labor Rates
Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR 70. 00 70. 00 70. 00
Foreman HR $ 130. 00 160.00 185.00
Traffic Signal Technician HR $ 125. 00 150. 00 175.00
Streetlight Technician HR $ 115. 00 135. 00 155. 00
Utility Technician HR $ 125. 00 150. 00 175.00
Groundsman HR $ 115. 00 150. 00 150. 00
Lab Technician HR $ 130.00 130. 00 $ 130.00
Engineering/ Systems Technician HR $ 130. 00 160.00 185. 00 Regular time hours are Monday- Friday 7: 30AM- 4: 30PM ( excluding Holidays) Overtime hours are Monday to Friday 4:30PM- 07: 30AM, Weekends and Holidays Ill. Equipment Rates
Item Description Unit Rate
Service Truck HR 30. 00
Bucket Truck HR 35. 00
Crane Truck HR 65. 00
Towable Air Compressor HR 5. 00
Towable Arrow Board HR 5. 00
IV. Extraordinary Maintenance
Item Description Unit Unit Price
Underground Services Alert( USA) Locate/ Markout Services HR $ 150. 00 Install 6' Dia Circular Type E Loop( 1- 4 loops) EA $ 525.00 Install 6' Dia Circular Type E Loop( 5 or More loops) EA $ 480. 00 Cabinet Testing EA $ 1, 200.00
V. Material
Item Description Unit Unit Price
Material Mark- up will be Invoice Cost Plus 15%
l ®
DATE( MM/ DD/ YYYY)
A 0
CERTIFICATE OF LIABILITY INSURANCE 10/ 02/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER CONTACT
MARSH USA, LLC. PHON:
9830 Colonnade Blvd, Suite 410 A//C No, Extl:
FAX
No):
San Antonio, TX 78230 E- MAIL Austinsanantonio. Certrequest@marsh. com ADDRESS:
INSURER( S) AFFORDING COVERAGE NAIC 1i
CN467144012- STND- GAWUE- 23- GAWP _ INSURER A: HDI Global Insurance Company 41343 INSURED INSURER B: Federal Insurance Company 20281
Yunex Corp.
9225 Bee Cave Road INSURER C: Chubb Indemnity Insurance Company 12777 Building B, Suite 201 INSURER D:
Austin, TX 78733
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: HOU- 003940847- 08 REVISION NUMBER: 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL SUBRI POLICY EFF POLICY EXP
LIMITS LTR'' 1NSD WVD POLICY NUMBER MM/ DD/ YYYY) ( MM/ DD/ YYYY) A X COMMERCIAL GENERAL LIABILITY GLD5853501 10/ 01/ 2023 10/ 01/ 2024 EACH OCCURRENCE 1, 000, 000 1 DAMAGE TO RENTED
CLAIMS- MADE X OCCUR PREMISES( Ea occurrence) $ 500, 000 MED EXP( Any one person) $
10, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1, 000, 000 X POLICY JECT PRO- LOC PRODUCTS- COMP/OP AGG $ 1, 000, 000 OTHER:
B AUTOMOBILE LIABILITY 23) 7362- 88- 13 06/ 30/ 2023 10/ 01/ 2024 COMBINED SINGLE LIMIT $ 2, 000, 000 Ea accident)
X ANY AUTO BODILY INJURY( Per person) $
OWNED SCHEDULED BODILY INJURY( Per accident) $
AUTOS ONLY AUTOS
x
HIRED XNON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
C WORKERS COMPENSATION 70441231 06/ 30/ 2023 06/ 30/ 2024 X PER OTHI AND EMPLOYERS' LIABILITY
STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
Y/ N
E. L. EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? N/ A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000 If yes, describe under 1, 000, 000
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ A Professional Liability E0D6199600 10/ 01/ 2023 10/ 01/ 2024 Limit 5, 000, 000 Deductible 100, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED.
CITY OF SEAL BEACH, ITS ELECTED OFFICIAL, OFFICERS, EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL AND AUTO LIABILITY. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION
CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8TH STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA LLC
1988- 2016 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD March 13, 2023
Michael J. Hutchens
Yunex LLC
1026 E. Lacy Avenue
Anaheim, CA 92805
79N- lif
Dear Mr. Hutchens:
CITY OF SEAL BEACH — YUNEX LLC
PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. 2
Traffic Signal Maintenance Services
Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach ( City) and Yunex LLC (formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the last of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and OO/ 100 ($75, 000. 00).
The Agreement termination date is now revised to midnight of May 13, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect.
Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431- 2527 x1322 or ilee@sealbeachca. gov
Sincerely,
bil R. Ingram
City Manager
CC: Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
February 22, 2022
Michael J. Hutchens
Yunex LLC
1026 E. Lacy Avenue
Anaheim, CA 92805
SUBJECT: CITY OF SEAL BEACH — YUNEX LLC
PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. 1
Traffic Signal Maintenance Services
Dear Mr. Hutchens:
Pursuant to the Professional Services Agreement for Traffic Signal Maintenance Services, dated May 13, 2019, by and between the City of Seal Beach ( City) and Yunex LLC ( formerly known as Siemens Mobility, Inc.), the City is hereby notifying Yunex LLC of its desire to exercise the first of two additional one ( 1) year term extension per Section 2. 2 Term for a total not -to -exceed amount of Seventy -Five Thousand Dollars and 00/ 100 ($ 75, 000. 00). The Agreement termination date is now revised to midnight of May 13, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect.
Should you have any questions, please do not hesitate to contact Iris Lee at ( 562) 431- 2527 x1322 or ilee@sealbeachca. gov
Sincerely,
Director of Public Works
Cc: Josh Ferras, Yunex LLC
SIEMENS
May26, 2021
Ms. Iris Lee
City of Seal Beach
211 Eighth St
Seal Beach, CA 90740
RE: Transfer of Siemens Mobility Contracts from Siemens Mobility, Inc. to Yunex LLC Dear Ms. Lee,
On November 12, 2020, Siemens AG (" Siemens') announced that in the course of Siemens Mobility' s continued development,' the unit Intelligent Traffic Systems (" ITS Business") will be carved out worldwide by the
of fiscal 2021 into separately,. managed entities under the new brand name Yunex Traffic.
Transferred into separate companies, the ITS Business -will be able: to further pursue its growth strategy, shape the. digital transformation of its industry and actively drive market consolidation. In this connection, the unit will leverage its market -leading position in installed systems and drive advances in digitalization.
Offering innovative, smart, and comprehensive mobility solutions for roads and cities, the ITS Business is the world' s only supplier of solutions serving all the main regional standards worldwide. Most recently, the unitgenerated revenue of about €600 million. Since 2013,. the compound annual growth rate for orders has totaled eight percent.
In the context of this global carve -out, Siemens. Mobility, Inc. ( hereinafter "Siemens Mobility") will transfer its ITS Business in the United States to Yunex LLC on July 1, 2021.
The transfer of Siemens Mobilitys ITS Business to Yunex LLC includes the transfer of all contracts pertaining to Siemens Mobility' s' ITSBusiness, including the following contract( s) between Siemens Mobility and you:
Professional Services Agreement fro Traffic Signal. Maintenance Services All contract,appendices as well as all rights and obligations are included in the contract transfer In the event that a contract cannot be transferred, Yunex LLC shall, from July 1, 2021 on, fulfill obligations arising out of such contractus a subcontractor acting on behalf of Siemens Mobility.
To the extent req uired, by the contractreferenced herein, this letter seeks your consent to the contract transfer and assignmeht. and satisfies any notice requirement with respect thereto. This letter does not confer any, new rights ( including any right to consent to or to receive prior notice of the transfer and assignment)' that do not currently exist under the contract.
We kindly ask you to consentto the transfer and assignment of the contract to Yunex LLC. Furthermore, we ask you to waive any and all rights that the contract might possibly grant due to changes in the shareholder structure of the legal entity holding the contract. Please sign and send back the enclosed declaration of consent.
Siemens Mobility, Inc. 9225 Bee, Cave Road, Building B, Suite 201 Tel.: + 1 512- 837- 8300 Intelligent. Traffc"Systems Austin, TXr78733 v . usa. siemens. com/ mobility
SIEMENS
In addition, we would like to inform you about the following:
Bank" account details for Yunex LLC:
Account Name: Yunex LLC
Account Number: 54021624
ABA Routing Number: 031100209
Bank Name;.Citibank"N:A.
One Penn' s Way
New Castle, DE 19720
Swift Code: CITIUS33
We would ask you to please use these new bank account details only after July 1, 2021.
The, employer identification number for Yunex LLC is 86- 2136678.
If you currently have ( an) exemption. certiftcate( s) onflle with Siemens Mobility, Inc. will receive an email from fts_ us_iax exemptions. us@siemens. com requesting, updated exemption certificate( s) to tie issued to Yunex LLC through Avalara' s CertCapture tool withdheir unique link to populate their exemptioniform online or upload their prepopulated form. Exemption certificates: not received by July 1, 2021, will result in taxes being included in invoices.
We are=also' currently in the process of reapplying for any required Contractor' s Licenses in our regions of operation under Yunex LLC. While we kindly ask you to, provide us with the signed consent form at your earliest convenience, the assignment of your contract will only take place once the required licenses.are in place.
Please use the following contact details for correspondence relating to contractual relationships:
Yunex LLC
Attn: Anchal Bansal
9225' Bee Cave Road
Building B, Suite 201
Austin, TX 78733, USA
Phone: + 1770- 598- 4705
E- mail:, anchal. bansal@siemens. com
Should you have any questions, please do not hesitate to contact us. Thank you in advance for your support and for your cooperation.
Sincerely yours,
Siemens Mobility,. Inc.
A' vv"'4
Steven Teal Anchal Bansal
Attachment: Declaration of Consent
SIEMENS
From:
Ms. Tris Lee
City of:Seal Beach
21. 1 Eighth St
Seal Beach, CA 90740
To:
Yunex LLC
Attn: Anchal Bansal
9225 Bee Cave Road
Building B, Suite 201
Austin, TX 78733, USA
RE: Transfer of Siemens Contracts from Siemens Mobility, Inc ( hereinafter " Siemens Mobility") to Yunex LLC
Dear Ms. Bansal,
We, hereby confirm that we have read and understood the information in the letter from Siemens Mobility dated. May 26, 2021.
We consent to the transfer of the contract pertaining to, Siemens Mobility' s ITS Business between us and Siemens Mobility to Yunex LLC, as specified in the aforementioned letter from Siemens Mobility. We hereby waive any and all rights that the contract grants to us for the case of changes in the shareholder structure of the legal entity holding the contract.
Place:
Dater
Printed Nam \ 1
Title:
PROFESSIONAL SERVICES AGREEMENT
for
Traffic Signal Maintenance Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Siemens Mobility, Inc.
1026 E. Lacy Avenue
Anaheim, CA 92805
714) 456- 9902 — Phone
714) 456-9905 - Fax
This Professional Service Agreement (" the Agreement") is made as of May 13, 2019 the " Effective Date"), by and between Siemens Mobility, Inc. (" Contractor'), a Delaware corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").
RECITALS
A. City desires certain professional traffic signal maintenance services.
B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Contractor to provide professional traffic signal maintenance services in the manner set forth herein and more fully described in Section 1. 0.
C. Contractor represents that the principal members of its firm are qualified traffic signal maintenance professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1. 0 Scope of Services
1. 1. Contractor shall provide those services (" Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.
1. 4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor' s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor' s work by the City shall not operate as a release of Contractor from such standard of care and workmanship.
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1. 5 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Term
2. 1 This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three ( 3) years (" Original Term") commending on the Effective Date and shall expire thereafter at midnight on May 13, 2022, unless sooner terminated or extended as provided by this Agreement.
2. 2 The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two ( 2) additional terms of one year each (" extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from May 13, 2022 through and including May 13, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from May 13, 2023 through and including May 13, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor' s authorized representatives.
3. 0 Contractor' s Compensation
3. 1 City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty Five Thousand Dollars ($ 225, 000. 00) for the Original Term of the Agreement; and in no event shall the City pay more than Seventy -Five Thousand Dollars ($ 75, 000. 00) for each year of the Original Term.
3. 2 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A.
3. 3 In the event that the City exercises its option to extend the Original Term of this Agreement in accordance with Section 2. 2, any 3of12
Services performed by Contractor during the first or second extension shall be compensated according to the rates shown on the fee schedule set forth in Exhibit A for Services, but in no event will the City pay more than 75, 000. 00 for any such first or second extension without prior approval of the City Council
4. 0 Method of Payment
4. 1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.
4.2. Upon 24- hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City' s rights under this Section 4.2 shall survive for two years following the termination of this Agreement.
5. 0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6. 0 Party Representatives
6. 1. The City Manager is the City' s representative for purposes of this Agreement.
6.2. Michael J. Hutchens is the Contractor's primary representative for purposes of this Agreement. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.
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7. 0 Notices
7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section:
To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: Siemens Mobility, Inc.
1026 E. Lacy Avenue
Anaheim, CA 92805
Attn: Michael J. Hutchens
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Independent Contractor
8. 1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details of performing the services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
8. 2. Any additional personnel performing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
8. 3. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 5of12
serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
9. 0 Confidentiality
Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.
11. 0 Assignment
Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
12. 0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this 6of12
Section 12. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.
13. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
14. 0 Insurance
14. 1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
14.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A. M.
Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability: Insurance Services Office Business Auto coverage form number CA 0001, code 1 ( any auto); and, if required by the City, ( 3) Professional Liability. Contractor shall maintain limits no less than: ( 1) General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage; and ( 3) Professional Liability:
1, 000, 000 per claim/ aggregate.
14. 3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the 7of12
City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor' s scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible.
14. 4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
14. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
15. 0
Indemnification, Hold Harmless, and Duty to Defend
15. 1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless the City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 15. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense collectively " Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/ or its officers, agents, servants, employees, 8of12
subcontractors, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c).
15.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively " Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
15. 3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 15. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Contractor' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
15. 4. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' 9of12
compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor' s indemnity obligation set forth in this Section 15. 0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement.
15. 5. Contractor' s covenants under this Section 15. 0 shall survive the expiration or termination of this Agreement.
16. 0 Equal Opportunity
Contractor affirmatively represents that it is an equal opportunity employer.
Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
17. 0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
18. 0 Prevailing Wage and Payroll Records
If this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
19. 0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
20. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 10 of 12
21. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
23. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
24. 0 Prohibited Interests; Conflict of Interest
24. 1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.
24. 2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
24. 3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 11 of 12
business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection.
25. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
26. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
27. 0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
12 of 12
CITY OF SEAL BEACH
Ingram, City M2F" . 0-
Attest:
Approved as to F
LIM
Attorney
S7296- 000112292797v3. doc
CONTRACTOR: Siemens Mobility_ toc.,
a Delaware corpo io
By: _
Michael J. Hutchens
Operations Manager, ITS
By: _
Steve - Ral
Director, IT'S-SernrcePlease note,
for corporations
Corporations
two signatures required
pursuant to California
Code Section 313.)
EXHIBIT A
Contractors Proposal
SIEMENS
Helping Our Communities Become Vibrant,
Growing & Green
Proposed to:
Ms. Iris Lee
Deputy Public Works Director
Department of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Table of Contents
COVERLETTER------------------------------------------------------------------------------------------------------------------ 2
WORKPLAN----------------------------------------------------------------------------------------------- -- ----- - - - ------ V. ROUTINE MAINTENANCE------------------------------------------------------------------------------------------------------------------------- 3 MonthlyInspection--------------------------------------------------------------------------------------------------------------------------------- 3 Quarterly Maintenance ( Every Three Months)-------------------------------------------------------------------------------------------- 5 Semi -Annual Maintenance ( Every Six Months)------------------------------------------------------------------------------------------- 5 YearlyMaintenance --------------------------------------------------------------------------------------------------------------------------------- 5 STAFFINGPLAN------------------------------------------------------------------------------------------------------------------ 11 CONTRACTMANAGEMENT TEAM----------------------------------------------------------------------------------------------------------------------- 11 FIELDMAINTENANCE TEAM------------------------------------------------------------------------------------------------------------------------------ 12 MANAGEMENTCONTACTS:------------------------------------------------------------------------------------------------------------------------------ 13 Additional Resources available to the City ofSeal Beach--------------------------------------------------------------------------- 14 ORGANIZATIONAL INFORMATION----------------------------------------------------------------------------------------------------------------------- 15 EXCEPTIONS-------------------------------------------------------------------------------------------------------------- L;
COMPANY QUALIFICATION
ABRIEF OVERVIEW OF SIEMENS------------------------------------------------------------------------------------------------------------------------- 17 OURDISTINCT QUALIFICATIONS------------------------------------------------------------------------------------------------------------------------ 18
KEYCONTACT--------------------------------------------------------------------------------------------------------------------------------------- PROOF OF CONTRACTORS LICENSE AND DIR REGISTRATION-------------------------------------------------------------------------------------- 19 PRIMARY FACILITIES AND STAFF SUPPORTING THE CITY OF SEAL BEACH:------------------------------------------------------------------------ 20 FINANCIALINFORMATION-------------------------------------------------------------------------------------------------------------------------------- 21 PROJECTAPPROACH--------------------------------------------------------------------------------------------------------------------------------------- 22 WhatSets Siemens Apart------------------------------------------------------------------------------------------------------------------------ 22 MaterialInventory ---------------------------------------------------------------------------------------------------------------------------------- 22 Reporting and Record Keeping--------------------------------------------------------------------------------------------------------------- 23 TestingServices------------------------------------------------------------------------------------------------------------------------------------- 24 Fiber Optic Repair Installation, Maintenance Services-------------------------------------------------------------------------------24 USADig Alert----------------------------------------------------------------------------------------------------------------------------------------- 24 Customer Portal ( Traffic Signal Service Management System)-------------------------------------------------------------------- 25 IndustrySpecific Tools---------------------------------------------------------------------------------------------------------------------------- 26 Vehicles& Equipment---------------------------------------------------------------------------------------------------------------------------- 27 WHYCHOOSE SIEMENS?----------------------------------------------------------------------------------------------------------------------------------) Q REFERENCES------------------------------------------------------------------------------------------------------------------------- 30 INSURANCE REQUIREMENTS---------------------------------------------------------------------------------------------------- 33 SEALED FEE PROPOSAL------------------------------------------------------------------------------------------------------------- 34 SIEMENS DELEGATION OF APPROVAL AUTHORITY----------------------------------------------------------------------- 35 April 23` d, 2019
Ms. Iris Lee
Deputy Public Works Director
Department of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
RE: Proposal for: Traffic Signal Maintenance Services
Ms. Lee,
SIEMENS
I" ICAnNi -( or (Afe..
Siemens ITS would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing maintenance, emergency response and repairs for the City' s traffic signal system. The prices and terms stated in our proposal package will remain in effect for 90 days from the date of submission, April 23` d, 2019.
Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29` h 2017. Siemens Intelligent Traffic Solutions ( ITS) is a business unit within Siemens Mobility, Inc. a subsidiary member of the Siemens AG corporate group. Our federal tax employer I. D. number is 30- 1018552 and our corporate address is One Penn Plaza Suite 1100, New York, NY 10119.
Siemens ITS is an electrical contracting firm who is a California licensed A and C- 10 contractor CA License # 1042278) and is also a registered Public Works Contractor ( DIR No. 1000059880), who provides leading edge traffic technology for the fast -paced Intelligent Transportation Systems world. Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Siemens brings innovative and reliable solutions to customers.
During the evaluation, if there are any questions regarding this proposal please, feel free to contact either of us using the contact information listed below. We look forward to continuing to serve the needs of the City of Seal Beach and would like to thank you in advance for your consideration.
Respectfully,
Siemens Industry, Inc.
Steven M. "Tea[ -
Director of Service
2250 Business Way
Riverside, CA 92501
951) 784- 6600 office
951) 784- 6700 fax
steven. teal@siemens. com
Siemens Ind s
Mi ael . Hutchens
Operations Manager
2250 Business Way
Riverside, CA 92501
951) 784- 6600 office
951) 784- 6700 fax
michael. hutchensgsiemens. com
Work Plan
Scope of work
V. ROUTINE MAINTENANCE
Siemens will provide a continuing, comprehensive, routine maintenance program designed to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment. Siemens will inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer' s original specifications at each signalized intersection once each calendar month. The monthly inspection and cleaning of all cabinets shall include the repair/ replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City' s communication system, testing and repair of battery back- up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation.
Failure of Siemens to provide the services outlined in its Routine Maintenance list that requires the City or its agent to make corrections, shall be billed back to Siemens plus markup.
Monthly Inspection
Siemens will inspect, clean, adjust and make a routine inspection of each traffic signal location once per month. Siemens agrees that it will maintain a record in each controller cabinet showing the date and time checked. Controllers shall not be replaced, except for repair, without prior approval of the City.
Siemens will submit a standard checklist for inspections and tasks that are conducted at each intersection, which will include, but not limited to the following:
1. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery backup cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/ protect all related facilities for/ from insect/ bug/ rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.
2. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Siemens with the City' s approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records.
3. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet.
4. Check and set, if necessary, all real- time digital clocks to the National Bureau of Standard Time.
S. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/ bicycle push buttons for correct detection of various modes of transportation, and adjust or repair as necessary to restore intended operation. This includes splicing ( or re - splicing) of detector loops and the replacement of pedestrian/ bicycle push buttons.
6. Inspect all load switches, Battery Backup Units ( BBU' S), photo -cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary.
7. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications ( including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/ or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent ( 80%) depletion curve will be replaced. All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately. Missing signs including pedestrian/ bicycle push button plates will be replaced. Cracked or damaged loop sealants will be re -sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired.
8. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non -emergency work.
9. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses ( controller) and adjust or repair, as needed. Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Siemens will verify the grounds and connections of the copper twisted pairs at those locations using this communication system.
Siemens will test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation to Siemens. Siemens may be required to provide assistance to the City, or other firms selected by the City, to troubleshoot Ethernet connections, as requested.
10. Check battery back- up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Siemens will notify the City of nonoperable or low -output batteries within twenty- four ( 24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged ( i. e., " exploded" or " cracked"), Siemens may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.
11. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned -out or dim lamps as reported or observed. Siemens will notify the City of any sign panels or housing in need of refurbishment or replacement.
12. Inspection of flashing beacon operation and make any repairs or replacement of lights, as required. For some locations, Siemens will be responsible for updating the programming on an annual basis on local school bell schedule. Siemens will also update the programming for daylight savings twice per year.
13. Inspect the operation of speed radar signs and make any repairs as required Quarterly Maintenance (Every Three Months)
The following tasks required quarterly ( every three months) will be included in the established monthly fees for routine maintenance:
1. Cabinet door locks and padlocks will be lubricated with graphite lubricant, or equivalent, and maintained in good working order. Any missing or damaged locks will be replaced and/ or repaired.
Semi -Annual Maintenance ( Every Six Months)
The following tasks required semi- annually ( every six months) will be included in the established monthly fees for routine maintenance:
1. Air Filters — Siemens will replace the air filter elements in all cabinets so equipped.
2. Battery Back- up System — Traffic signal battery back- up systems will be checked by electrical bypass for appropriate operation per the manufacturer' s specifications. The City shall approve the schedule prior to the commencement of work. Siemens will also review and prepare a report of annual replacement of batters by location and submit to the City.
Yearly Maintenance
The following tasks required once a year shall be included in the established monthly fees for routine maintenance:
1. Conflict Monitor — Siemens will test conflict monitors. Siemens will supply a report for each test conducted. The test will be conducted utilizing a replacement monitor ( like kind) to monitor the intersection while the test is being conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance.
2. Emergency Vehicle Pre- Emption ( EVP) — The optical detector lens will be cleaned according to the manufacturer' s specifications at all signalized intersections and fire station installations throughout the City. Siemens will supply a report for testing of EVP system at each intersection.
Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance.
3. Traffic Signal Controller Software — Siemens will verify and update records of current controller software or firmware. This includes the spare controllers that Siemens maintains for emergency replacement of failed traffic signal controllers. All updates of controllers that require shut -down of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year.
4. Painting — Siemens will prepare and submit an annual work authorization request to the City listing cabinets ( i. e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for Siemens to proceed on the painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed by Siemens within twenty- four ( 24) hours of the observation or report, whichever is earlier. Siemens will use the City' s current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment.
Repair and Replacement
Siemens will replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned - out lamps, detector loops, video detection cameras and/ or units, push buttons, sensing units and wiring system, communication internal modems and/ or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance.
Siemens will complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.
Loop Detector Replacement
Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance.
Lamps and Lighting
Siemens will furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent ( 80%) depletion curve ( or fall outside acceptable levels), but not to exceed twenty- four ( 24) months, in accordance with the time schedule contained in the specifications. All traffic signal lamps must conform to the standards of the N. E. M.A., U. L., E. I.A., A.S. T.M., A.N. S. I., and any ordinance that may apply.
Siemens agrees to use only standard traffic signal LED' s equivalent in performance, reliability and durability to those manufactured to California Department of Transportation' s ( Caltrans) standards.
Siemens agrees to supply all labor and equipment to perform the re- lamping function, with the cost of the LED' s to be invoiced to the City.
Siemens will clean, polish and inspect all lenses and reflectors at the time the traffic signals are relamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically -programmed signal heads adjusted.
If incandescent lamps are present and are in need of replacement based upon the above criteria, Siemens will replace the lamp to an approved manufacturer LED.
The monthly Routine Maintenance bid price will include lamp replacement of burned- out/ dimmed lights, as needed. LED modules and pedestrian indication replacement modules ( material only) will be billed under Extraordinary Maintenance.
Emergency Service
Siemens will maintain a 24 -hour -per -day emergency service per the provision of Routine Maintenance for the replacement of burned - out lamps, turned heads, and controller malfunctions. Siemens will make the required repairs to restore or maintain the traffic signal in good working condition. Temporary repairs may be required in the event of an accident or failure that may be covered under Extraordinary Maintenance. The intersections where said traffic signals are located will be regularly patrolled by Siemens.
Siemens will make immediate service calls on an emergency basis , responding within one ( 1) hour of notification during normal working hours of the Contract, and within two ( 2) hours during non -working hours of the Contract, including Saturdays, Sundays, and holidays in the event of any traffic signal system malfunction. Siemens is required to provide the reporting party, if different than the City, with an estimated time of arrival. The replacement of burned -out lamps need not be on an emergency basis provided there are at least two ( 2) indications still in good operation for each direction of travel. Such replacements will be handled as soon as possible under Routine Maintenance.
Payment for Routine Maintenance
Siemens will submit separate monthly billings for Routine Maintenance at the Contractor lump sum price per flashing beacon, per speed radar sign, and per signalized intersection, which will include safety lights and illuminated street name signs, per month. Said compensation will include all labor, materials, equipment, overhead, and profit for routine services in the price bid per intersection, per month, and no extra compensation will be allowed.
VI. EXTRAORDINARY OR EMERGENCY MAINTENANCE
Extraordinary/ Emergency Maintenance involves the repair or replacement of equipment damaged by collisions, vandalism, civil disorder, windstorm, natural disasters, street construction or excavation.
Extraordinary/ Emergency Maintenance also includes replacements based on obsolesce, required MUTCD updates, or other unusual factors when labor and materials necessary to ensure safe and efficient operation of the City' s traffic signal system goes beyond Routine Maintenance.
Siemens will provide Extraordinary/ Emergency Maintenance for the traffic signal system and related equipment. Siemens will prepare and submit a work order to the City providing a detailed justification for the needed repairs. The work shall be subject to the City' s authorization. City reserves the right to separately bid Extraordinary Maintenance work to other firms, without compensation to Siemens.
Siemens may be required to assist or support other City -retained firms, as requested.
Siemens will be advised that all work will be schedule for normal working hours unless, but not limited to:
1. A completely blacked out intersection
2. Less than two (2) indications per lane is inoperative
3. Conflicting signal timing
4. City request
Extraordinary/ Emergency Maintenance will generally include, but not limited to:
1. Repair and/ or replacement of failed or malfunctioning equipment
2. Modifications to traffic signal equipment, such as, but not limited to, upgrades of controller cabinets and controller components. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart.
3. Replacement of battery back- up system components
4. LED module replacements
5. Pedestrian indication replacements
6. Painting of cabinets and signal heads
7. New lenses and framework
8. Loop detector replacements
9. Video detection camera repair/ replacement
10. Interconnect installation, repair, terminations, and testing of same ( excludes Routine
11. Maintenance testing)
12. Replacement of equipment that becomes obsolete or deteriorated equipment that is beyond its serviceable life.
Other Extraordinary/ Emergency Scope of Work
Siemens response to all Underground Service Alert ( USA) requests/ notices relating to traffic signals, interconnect, and communication infrastructure will be billed as Extraordinary Maintenance.
Siemens may be required to assist in the final inspection of new installations or provide interim emergency response or repairs not currently owned by the City, as authorized by the City.
Notifications
Siemens will report to the City the condition and provide satisfactory evident that replacements/ repairs are necessary, and provide cost estimates, including labor, equipment and material, to perform said work. Siemens will also submit to the City photographic records of damaged equipment requiring replacement/ repair. No work will proceed without the City' s written authorization, except in emergencies and/ or when immediate replacement/ repair is needed to ensure public safety.
All Extraordinary Maintenance work orders will be completed by Siemens to the City' s satisfaction within ten ( 10) calendar days, unless otherwise agreed upon with the City. The completion of final repairs subsequent to Siemens temporary repairs shall be subject to the same ten ( 10) calendar day' s completion requirements. Should Siemens be unable to complete said work within the specified time, Siemens will submit a written explanation of the delay and an anticipated completion date for said work for the City' s review and approval.
Siemens will notify the City within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. Siemens will also provide a schedule for completion of any Extraordinary Maintenance work, and an estimated completion date.
Emergencies
Siemens will maintain a 24- hour per day emergency service for the replacement of burned -out lamps or LED' s, turned heads and controller malfunctions, or any damage that may pose a public hazard. The intersections where said traffic signals are located will be regularly patrolled by Siemens. Siemens will repair parts, replace parts and lamps or LED' s, and otherwise keep the traffic signals in good working condition. Siemens will maintain a local telephone number where representatives of Siemens can be reached 24 hours per day. This telephone number is to be made available to all persons designated by the City.
Siemens will respond immediately to emergency calls and dispatch qualified personnel and equipment to reach the site within one ( 1) hour under normal circumstances. The follow traffic control procedures for emergency repairs will apply:
1. Siemens vehicle will carry sufficient and appropriate traffic control equipment to direct traffic during an emergency and/ or when deemed necessary by the City.
2. If no police officers are present and temporary STOP -signs have been set up upon Siemens arrival, Siemens will survey the site and provide additional traffic control devices, as necessary, then proceed to repair traffic equipment. Once the signal is back in operation, Siemens will remove all of the temporary traffic control devices and return City -owned devices.
3. If a police officer is present upon Siemens arrival, Siemens will immediately examine the signal, evaluate the situation, and report to the police officer to determine the next course of action.
4. If Siemens must leave a blacked - out signal location that has STOP - signs in place, Siemens will consult with the police and set the signal to flash operation if power is available. Siemens will follow- up to restore normal traffic signal operations as soon as possible.
Underground Service Alert
Siemens will be responsible to respond to all Underground Service Alert ( USA) requests/ notices/ tickets or at the request of the City for all marking and protection of traffic signal unground facilities/ infrastructure including, but not limited to, traffic signal and electrical conduit, interconnect and communication facilities, loops, and other appurtenant equipment.
Siemens will be responsible for properly locating noted facilities/ infrastructure and maintaining an upto- date inventory and as- builts for said purpose. All updates shall be transmitted to the City in a format adequate for its records.
In the event said facilities/ infrastructure is damaged due to Siemens failure to properly mark the facilities/ infrastructure per the records, the costs for repairs will be the sole responsibility of Siemens for areas that were not properly marked. It shall also be Siemens responsibility to coordinate, clarify, and/ or verify with the requesting party.
Painting
Siemens will repaint all metal standards, signal heads, back plates, visors, controller housings, and appurtenances, as directed by the City. Repainting will be conducted by spray painting methods with colors, sheen, types consistent with traffic signal standards, and as approved by the City. Siemens will annually inspect and prepare a list of locations as part of Routine Maintenance, and submit to the City for work authorization.
Street Light Maintenance
Siemens will repair/ replace all equipment associated with City -owned streetlights as directed and approved by the City. City -owned streetlights and all associated components will be repaired or replaced as Extraordinary Maintenance. City -owned streetlights are limited to ( 1) Main Street, and ( 2) 1st Street Parking Lot.
Method of Payment
An itemized invoice will be submitted within thirty ( 30) days of completion of the work. City will compensate Siemens for Extraordinary Maintenance work as follows:
1. Materials — City will pay to Siemens for materials used in Extraordinary Maintenance Siemens cost plus a percentage mark- up as specified in Siemens bid proposal, but in no case more than 15 percent ( 15%). All parts and materials shall be new. Used parts will not be used, unless explicit written authorization was provided by the City. The City reserves the right to inspect all Siemens records to verify material cost.
2. Direct Labor — Siemens will present with its monthly itemized invoice a record of hours spent under Extraordinary Maintenance. Siemens hourly rates will include compensation for wage, profit, overhead, fringe benefits, health and welfare, worker' s compensation insurance, pension/ retirement benefits, vacation/ sick leave, union tax, assessment, and any applicable local/ state/ federal/ union related costs.
3. Equipment — City will pay Siemens for equipment use under Extraordinary Maintenance on a per -hour basis, as specified under Siemens bid proposal. No additional payments of any kind shall be paid for equipment, unless otherwise noted.
No additional compensation will be paid for transporting the equipment to/ from the job site.
Other
1. Labor Strike — It will be Siemens responsibility to provide continuous maintenance services, without any interruption, of all traffic signals. In the event of a labor strike, Siemens will provide other means, at its sole expense, to provide comparable services. City reserves to right to take any necessary actions to provide such services should Siemens fail to fulfill these terms. All costs plus mark- up will be borne by Siemens.
2. Permits and Licenses — Siemens will obtain all necessary permits and licenses ( including City business license) to perform the Contract work at its sole expense. Siemens will give all notices necessary and incidental to the due and lawful prosecution of the RFP.
3. Patents — Siemens will assume all responsibilities arising from the use of patented materials/ equipment/ devices/ processes/ technologies.
Staffing Plan
Contract Management Team
If selected, Jeffrey Pierce will be the Account Manager serving the City of Seal Beach. Jeff, his service coordinator, Jennifer Hall, and the area supervisor, Henry Graves, will be responsible for maintaining communication with the City regarding daily operation and maintenance of all traffic signal equipment.
Our account management team as well as our field staff will work closely with you and your team in order to ensure that all of your requests are being effectively addressed. We make every effort to make certain that the City' s staff is always aware of issues that are in need of attention.
Jeffrey Pierce, Service Account Manager
Jeff has over 31 years of extensive experience in the traffic signal maintenance industry. He is extremely knowledgeable with all aspects of traffic signal maintenance, repair, and construction. He has served in multiple roles from field technician to field supervisor and is currently a Service Account Manager. Jeff is accountable for the overall performance of contracts in the San Diego and Orange County territory, manages 10 field employees and will be the primary Siemens representative responsible this contract.
Experience:
e
j
Service Account Manager, Siemens - October 2012 to Current YParton ow m PUWC WETY
Service Operations Supervisor, Siemens - 2010 to 2012
IMSA Work Zone Safety
Project Manager, Republic ITS - 2004 to 2010
IMSA Level I, 11, III Certified Traffic Signal
Lead TrafficSignal Tech, Signal Maintenance - 1992 to 2004 Technician
Utility Technician, Lekos Electric - 1991 to 1992
Traffic Signal Technician, Southwest Signal Service - 1988 to 1991 Other Industry Certifications:
ATSSA Traffic Control Technida n
ATSSA Traffic Control Supervisor
Jennifer Hall, Service Coordinator
Jeri has over 7 years of experience maintaining customer contracts and providing support to the management and field execution team. She is well versed in many software applications and systems including, but not limited to, Microsoft Excel, Word, Outlook, Live Meeting, SAP ERP systems, Mcompanion, and SharePoint. Jen is responsible for day to day coordination, dispatching, Customer billing, and support for Jeff and the field technicians with all other topics.
Experience:
Service Coordinator, Siemens - 2014 to Present
Administrative Support, Siemens - 2012 to 2014
Other Certifications:
Licensed Notary
Henry Graves, Maintenance Field Supervisor
Henry has 33 years of experience maintaining and repairing traffic signal and streetlight systems. He is extremely knowledgeable with all field elements including, but not limited to, traffic signal rewiring, underground conduit installation, traffic signal modifications, pole foundation removal and installation, complete traffic signal installation, and routine/ emergency maintenance response. Henry will be responsible for supporting the Service Account Management Team with monitoring maintenance field activities, site inspections, and scheduling maintenance technicians.
Experience: mogsz
Field Supervisor, Siemens - 2010 to Present Yaw Part onto PUBEKSAHT- YMaint. Superintendent, Republic ITS - 2004 to 2010 IMSA Work Zone Safety Utility Supervisor, Signal Maintenance, Inc. - 2000 to 2004 Utility Lead, Signal Maintenance, Inc. - 1995 to 2000
Utility Worker, Superior Signal Services - 1986 to 1995 Field Maintenance Team
Siemens will assign one primary IMSA certified Level III traffic signal technician, who will be responsible for responding to calls within normal business hours. We will assign two secondary IMSA certified Level III traffic signal technicians to provide back up support in the event your primary technician is unavailable ( i. e. vacation, sick days, jury duty, etc.).
Primary Technician:
Naim Yanie, Traffic Signal Technician
Yanie has 10 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers ( ASC/ 2070) and Econolite software systems. He also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc.
Experience:
ur j Traffic Signal Technician, Siemens - 2016 to Present rm,. P_ m PUBLIC WET Traffic Signal Specialist, City of Irvine — 2014 to 2016 IMSA Work Zone Safety Traffic Signal Technician, Siemens - 2010 to 2014 IMSA Level 1, II, III Certified Traffic Signal Traffic Signal Technician, Republic ITS - 2009 to 2010 Technician Other Industry Certifications:
NEC Certified
Cert No. 157902
Expires 06/ 09/ 2020
Econolite ASC3 Controller Certified
Econolite Autoscope Certified
Iteris Video Detection Certified
Bucket Truck Certified
ATSICMU/ MMUTest Equipment
Certified
i
Back- up Technicians:
Kevin Daxon, Traffic Signal Technician
Kevin has 18 years of experience with all facets of traffic signal maintenance and repair. He is extremely knowledgeable with all traffic signal control equipment, specifically Econolite controllers ( ASC/ 2070) and Econolite software systems. Kevin also has a vast understanding of the field elements such as traffic signal wiring, loop detection, video detection, emergency vehicle and railroad preemption, etc.
I
Experience:
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Traffic Signal Technician, Siemens - 2010 to Present yw y- n PUBLIC SAfEiY Traffic Signal Technician, Republic ITS - 2007 to 2010 ' IMSA Work Zone Safety Traffic Signal Technician, Team Econolite — 2004 to 2007 IMSA Level I, II, 111 Certified Traffic Signal Traffic Signal Technician, Signal Maintenance, Inc. - 2001 to 2004 Technician Other Industry Certifications:
NEC Certified
Cert. No. E - 149693- G
Expires 08/ 19/ 2019
Econolite ASC3 Controller Certified
Econolite Autoscope Certified
Bucket Truck Certified
ATSI CMU/ MMU Test Equipment j
Certified
I MSA Certified Signal Inspector j
Management Contacts:
Michael Hutchens is the Southwest Area Operations Manager and is responsible for all operations in California and directly manages the service team that, if selected, would be managing the day to day traffic signal maintenance activities in the City of Seal Beach. Steven Teal, the Director of Service for Siemens Mobility Inc., is heavily involved in the operations and is available as an escalation point if ever necessary. Both Michael and Steven have signatory authority and are able to execute documents/ contracts on behalf of Siemens Mobility, Inc.
Steven M. Teal, Director of Service ( U. S.)
Steven has had a long, productive, and successful career in the traffic signal maintenance and repair j industry. Currently he assumes the accountability for overall profits and losses for the complete Customer Service ( CS) business nationwide with responsibility for 60 office employees, management of 250 field employees and over 250 municipal traffic signal and street lighting maintenance contracts. Steven is involved in the local operations and will provide technical support to the local contract management team.
We feel it' s important that Customers have the ability to voice opinions, concerns, and compliments to our senior managers, therefore Steven will be available to you as a top level escalation point.
Experience:
z
Director of Service ( U. S.), Siemens - October, 2015 to Present Y- v. v. m wxx WM Southwest Operations Manager, Siemens - 2012 to 2015 IMSA Work Zone Safety Regional Manager, Republic ITS - 2007 to 2012 > .. IMSA Level 1, II, III Certified Traffic Operations Manager, Republic ITS - 2006 to 2007 Signal Technician Project Manager, Republic ITS - 2004 to 2006 IMSA Associate Member Maint. Manager, Signal Maintenance, Inc. - 2003 to 2004 Other Industry Certifications:
Lead Traffic Signal Technician, Signal Maintenance, Inc - 2001 to 2003 Microprocessors Traffic Signal Technician, Signal Maintenance, Inc - 1998 to 2001 Iteris Video Detection Michael Hutchens, Area Operations Manager
Mike has over 25 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional and competent through the years from field laborer to project management, and most recently Operations management. Mike is responsible for overall profits and losses for the Southwest US territory with responsibility for 30 office employees, management of 70 field employees and 115 traffic signal and street lighting maintenance Customers. Mike is directly involved in the day to day operations. Mike will support the contract management team and also serve as the Cis first point of escalation, if necessary.
Experience: IP- MPU
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Operations Manager, Siemens - November, 2015 to Present Y - RUC SME" Senior Service Account Manager, Siemens - 2010 to 2015 - IMSA Work Zone Safety Sr. Project Manager, Republic ITS- 2006 to 2010 - IMSA Level I, II, III Certified Traffic Signal Maintenance Operations Manager, Team Econolite - 2003 to 2006 Technician Chief Estimator, US Traffic Corporation - 1998 to 2003
Utility Technician, Signal Maintenance, Inc. - 1994 to 1998 Additional Resources available to the City of Seal Beach In addition to the previously mentioned technicians, Siemens has over 20 additional traffic signal technicians ( mostly IMSA III certified) located in Orange, Los Angeles, Ventura, and Riverside / San Bernardino County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for ( USA) Dig Alert service, Corning certified fiber optic technicians, and our own in- house loop crew. Siemens ITS has the largest workforce of IMSA level III Certified Traffic Signal Technicians and NEC Certified Electricians in the industry.
For your reference and to outline the strength of our team, we have listed additional personnel below:
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Proposed sub -consultants/ sub -contractors
All services as outlined in the RFP will be provided and performed by Siemens as the Prime contractor.
With that stated, we at Siemens do maintain relationships with numerous specialty contractors throughout the industry in order to be able to respond to our customer' s needs as a complete one stop solution for all things traffic signal and street lighting related.
Organizational Information
Steven Teal
Director of Service
Michael Hutchens
Operations Manager
Shenoa Townsend
Service Account Mana
Debra McVay- Manzo Jennifer Dalby
Service Coordinator Dispatcher
Naim Yanie
Minh Tran Christopher Slocum
IMSA Level III
Traffic Signal Technician
Engineering Technician Field Supervisor
Kevin Daxon
IMSA Level III
Traffic Signal Technician
David Elias
IMSA Level I
Traffic Signal Technician
21 Additional
Signal Technicians
23 Const./ Auxiliary
Employees ( Foreman,
Crane Operators,
Groundsman, etc.)
Exceptions
At this time, Siemens takes no exceptions or has any deviations to the RFP or contract documents.
Furthermore, by submitting this proposal, Siemens acknowledges concurrence with the terms of the City' s sample contract agreement, which was included in the RFP documents.
Company Qualification
A Brief Overview of Siemens
Our Past
Founded by Werner Von Siemens ( pictured right) in 1847, Siemens has become a global powerhouse in electronics and electrical engineering,. operating in the industry, energy and healthcare sectors. Siemens AG Berlin and Munich) entered the traffic industry market in 1924 with the implementation of the first signal system with red, yellow and green in Berlin, Germany. Innovation continued when Siemens introduced the first centrally controlled light signal system in 1926 and a tradition of developing ground -breaking technology in the traffic industry began.
With its many years of presence in the world markets, Siemens Traffic Solutions possesses extensive international know- how and proven technical platforms in the areas of traffic management and guidance.
Siemens entered the US transportation market in 1995 through the acquisition of two industry leaders in the United States; Eagle Traffic Control Products and Gardner Transportation Systems. In 2010 Siemens acquired Republic ITS, a U. S. leader in traffic signal and street light maintenance services in order to enhance its presence in the intelligent traffic solutions ( ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Siemens Intelligent Traffic Solutions (ITS) business unit has the ability to solve traffic problems throughout the country and around the world.
Our Present
Siemens currently services over 10,000 traffic signalized intersections and 400, 000 streetlights under long- term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. Siemens has been in the traffic signal maintenance industry worldwide for over 50 years. Locally, Siemens ( formerly Republic ITS & Signal Maintenance, Inc.) has been in business for over 40 years servicing numerous contracts throughout the state of California. Currently, in California alone Siemens maintains intersections for over 140 agencies encompassing over 4,000 locations of various sizes from full function intersections to in - pavement flashing crosswalks and rapid flashing beacons.
Our Future
At Siemens, we are always looking to the future and for our ITS division, the future is bright. With infrastructure improvement being the focus for many municipal governments these days, it is imperative that Siemens stays on the cutting edge of technology in order to remain relevant. Whether the agency is looking for connected vehicle, smart street lighting solutions, service/ support contracting, ITS software and controllers or complete infrastructure management, Siemens is constantly evolving the industry. We look to the future with the foresight that can only be gained through 170 years of experience and more importantly, we aim to shape it.
Our Distinct Qualifications
We feel that Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner.
Among some of the most beneficial:
Siemens has the largest workforce of IMSA level III Certified Traffic Wft Signal Technicians and NEC Certified Electricians in the industry.
Siemens has strategically positioned local field offices with an !` abundance of inventory and technical resources.
Our ability to complete entire projects in- house. Although we have many valuable external partners, we do not have to rely on consultants, outside subcontractors, or sourced project management. This improves communication, streamlines work, and eliminates unnecessary costs or delays.
Siemens is able to partner with numerous manufacturers and i
distributors to provide leading technologies that will deliver a product that exceeds the City of Seal Beach' s expectations at an economical rate.
Being part of a large, multi -national corporation provides us with the ability to finance specific strategic opportunities for our customers.
We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtual real- time.
In summary, Siemens ITS is focused on delivering what cities need most today, safe, reliable infrastructure solutions. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions help you arrive safely, more efficiently and with less impact on the environment.
Key Contact
During the evaluation, if the City should have any inquiries regarding this proposal please, feel free to contact:
Michael J. Hutchens
2250 Business Way
Riverside, CA 92501
Office Phone ( 951) 784- 6600
Fax ( 951) 784- 6700
Email: michael. hutchens@siemens. com
Proof of Contractors License and DIR Registration
httos:// www2. csl b. ca. aov/ onli rieservices/ CheckLicense I I/ LicenseDetai I. asox? LicNum= 1042278 Contractor's License Detail for License # 1042278
SIEMENS MOBILITY INC
1026 E LACY AVE
ANAHEIM, CA 92805
Business Phone Number(714) 458- 1534
Entity Corporation
Issue Date 07/ 25/ 2018
Expire Date 07/ 31/ 2020
This license is current and active.
All information below should be reviewed.
r: 1n - FI Fr` TPl1' AI
Details Legal Name Registration County City License TypeMumbels) Current Status Registration Expiration Number Date Date
Vie, SIEMENS M06iL11Y LNC. 1000059880 ORANGE ANAHEIM CSLI3. 1042278 Active 07: 30! 2018 06730, 2019 Primary Facilities and Staff Supporting the City of Seal Beach:
Ifselected, all contract management, coordination and field technicians will be based out ofthis office:
Siemens ITS Anaheim, CA
Invoicing, Contract Administration and Warehouse
1026 E. Lacy Ave
Anaheim, CA 92805
Phone ( 714) 456- 9902
Fax ( 714) 456- 9905
Our Anaheim location is located 20 miles from Seal Beach City Hall near Anaheim Stadium. The warehouse at this location stocks over $ 500, 000. 00 in inventory including new controllers, cabinets, signals, luminaries and most necessary ancillary devices. Though most of our staff keeps plenty of equipment on their trucks, if the need arises, this location can be easily accessed around the clock 365 days a year as a source of additional inventory that is readily available. We also have our Riverside Test and repair facility east of the city near the intersection of the 91 and 60 freeways, which houses another 550, 000. 00 in readily available equipment as an additional resource.
Other Local Siemens ITS facilities. -
Siemens ITS' Riverside Office
Warehouse, Office, & % sting Facility
2250 Business Way
Riverside, CA 92501
Phone ( 951) 784- 6600
Fax ( 951) 784- 6700
Siemens ITS' San Diego, CA Office
Warehouse & Office
1820 John Towers Ave., Suite A
EI Cajon, CA 92020
Phone ( 619) 562- 1104
Fax ( 619) 562- 1125
Financial Information
Siemens Mobility, Inc. is a corporation, incorporated in the State of Delaware on November 29th, 2017.
Siemens Intelligent Traffic Solutions ( ITS) is a business unit within Siemens Industry, Inc. a subsidiary member of the Siemens AG corporate group, a multinational, multi -billion dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www. siemens. com through " Investor Relations". All required financial reports and filings are available at the SEC' s website http:// sec.goy/edqar.shtml. SMI and its subsidiaries are not publicly traded companies and do not release separate annual financial statements.
SIEMENS
I,/ - for-tife-
Project Approach
Our approach is simple; we work diligently with our cities to develop and evolve the systems of communication and to hone in on their needs as a customer. It is always the goal of Siemens ITS to structure our service around each individual Customer' s needs. We understand that throughout the term of a contract of this type, those needs may change so we approach all of our contracts with the same simple vision; build a partnership with the City' s staff and work towards achieving common goals set forth through that partnership. This is an ever evolving process and that is why we believe that the only successful route is through establishing these common goals. Our methodology and a commitment to service will be applied to every aspect of our services for the City of Seal Beach and we strive to continually evolve this concept.
Response times as requested in the RFP are easily met due to the City of Seal Beach' s central location to our territory here in Southern California. We have a large staff and a customer base that allows us to be near or even in the city at all times. Response times of less than one hour are commonplace with our service group and are what we strive for. These times would simply not be possible if not for the fact that we have numerous highly qualified technicians, all equipped with bucket trucks and a rolling stock of materials, working throughout the territory. In a nutshell, if we aren' t already there, we are always nearby which makes the one hour as requested in the RFP very easy to accommodate.
As stated above, response times are not an issue; this pertains to after- hours calls as well. All of our staff live throughout the area and take their vehicles home daily. We have numerous on- call technicians working/ available 24 hours a day. Both our standard phone lines and our toll free 1 ( 800) 229- 6090 are answered around the clock 365 days a year. We also encourage direct contact with individuals responsible for the contract such as the technician or superintendent in the event that the city believe that information can more easily transferred.
What Sets Siemens Apart
Though there are many reasons we feel that we are the best choice, listed in the following pages are just some of the remaining highlights that we feel we make us the better prepared and more qualified service provider to serve the needs of the City of Seal Beach.
Material Inventory
Siemens maintains an extensive inventory of traffic signal and streetlight equipment including controllers, cabinets, load switches, signal heads, poles, LED indications, luminaries HPS, MH, MV LPS and LED), service enclosures, controller cabinets and other miscellaneous parts. This extensive
inventory combined with our vast experience and testing facilities enable Siemens to repair or replace damaged
equipment expeditiously and professionally.
Siemens employees will be equipped with all spare parts necessary to place a signal system back in operation for all trouble calls, including sensing devices for induction loop detectors. No permanent or temporary change of controller mechanisms will be done without prior approval of the City except in case of an emergency. Siemens will notify the City that the equipment was removed and replaced with approved spare equipment. Inventory levels are maintained in order to accommodate each individual Customer' s needs. Siemens continually monitors and modifies inventory levels as required by current maintenance and repair.
Reporting and Record Keeping
Detailed Billing/ Activity Reports
In addition to our Customer Portal, Which will be outlined in the coming pages, the City will receive a detailed billing report on or before the
15th
day for the prior month. Each invoice will lists the
description, response, caller information, and the labor, equipment and materials billed for each location.
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TM. TM 3 EEC. PV HEAD E VbTT H AMWIN LENEE6. 2 R. 2 Y a 2 a PV I=& COUNT -DOWN COMO IM LED. RE -USM PEDIEAD iPM ASW. RMACED PPB AND DMECTIONAL PIJITE OLD EM VAROff PROGRAM YELL FOLOw UP WRN sALL LHIEEE a PROGRAM som F CRY wAnT THEM PRoaRAIB6I: D. lion: Oty and Unet Cost Extra Routrw
Marx
ELECTRICIAN RT 12 000 H it PeF H S $ 0.00
ELECTRKUN OT 8.000 H a pet H $ SO -00
ELECTRICIAII PT 6 000 H a pef H $ $ 0.00
SERVICE SOCKET TRUCK 26 000 H M oer H S 90.00
Trial S i 0.00
rnear a s o 0o11 s
Intersection Records
We will maintain permanent service records at each signalized intersection documenting all preventative maintenance visits, as well as all ongoing work, operations and hardware malfunctions, repairs and configuration work. An example of our cabinet log ( intersection record) is below:
SIEMENS CABINET LOO
Testing Services
Our laboratories specialize in controller and cabinet system testing and support services including, but not limited to conflict monitor testing and certification. Siemens' local testing facility is located in Riverside, California. Our facility have the ability to test and certify more than five ( 5) TS -1 or TS -2 Type control cabinet assemblies simultaneously. Our
laboratory has all tools and spare parts available to
allow our lab technicians to troubleshoot, test and
repair typical traffic signal controllers and apparatus as long as it' s found to be both economically and
time wise beneficial to the City.
Our facilities service all types and brands of traffic
signal control equipment including Caltrans
Standard, NEMA TS - 1 and TS -2 and ITS equipment. Siemens' s laboratory personnel include degreed IMSA certified traffic signal technicians and certified Electricians. Our Field technicians perform all traffic signal related tasks with decades of cumulative traffic signal test and repair experience.
Fiber Optic Repair, Installation, Maintenance Services
Siemens has a dedicated fiber optic placement, troubleshooting, and emergency repair team available for the City of Seal Beach. The team is fully equipped to perform OTDR testing, troubleshooting, fusion splicing, and any documentation needs for the City. Siemens' fiber optic team was responsible for successfully upgrading all CCN cameras and bringing in the fiber optic infrastructure into the new Caltrans District 8 Traffic Management Center in San Bernardino.
USA Dig Alert
Siemens has in- house underground utility locators that will respond to all Underground Service Alert USA) requests/ notices or at the request of City staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, street light conduits, and other appurtenant equipment which may conflict with other right- of- way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech.
Communication and Teamwork
At Siemens, we are your partner. Our project management team as well as our field personnel will be constantly communicating with the City representatives and we will follow all communication/ notification requirements as set forth and agreed upon. Routine monthly meetings will be key to ensure that everyone is on the same page, not only for system status but to make sure that we are on track with the City' s budget and that we are serving the citizens of the City of Seal Beach to the highest level possible.
Siemens employees working for the City will be equipped with any necessary communication devices in order to keep our City liaison( s) informed at all times. Currently, all of our staff is outfitted with an Android device that will enable them to send, and receive real- time information as well as text, email and phone capabilities.
Siemens recognizes that speed, efficiency, and comprehensive service are the keys to customer satisfaction in our industry. With this in mind, we are constantly seeking innovative ways to improve our service delivery. We have developed an in- house suite of applications that represent what we believe to be the forefront of customer account management and maintenance tracking in our industry.
Customer Portal ( Traffic Signal Service Management System) Another form of communication is our web -based management system where our technicians transmit all service information in real time. This is included with all of our maintenance offerings at no additional charge.
D The Siemens Customer Service Portal gives our Customer access to tyl lm reel- brne status u( routine meintenanee and servicr' dit, I ncalmn hictoty Isnrt/ iltrr by data. Iptatinn all type Mc.) Overall histfnicat n— itelance end el data.
R- I- b- eywpruenl urven( oiic s. map, event iepu 9,
AM nuoag— ot ( includes dr9dal phnhxjr.g)hs. GIS data. Googly S1- 0 viryr application Mc )
IWpY" r111r1WY
I f•( ttrllf IAllt hie lihit, millur9 IeslNllt\ t• Arlt) MI IP n dlnl llhn( e dein' III Iedl- tom
bad( to ouv order management system
usinq tablets/ chrome books.
p
Mhiuge Irialmdl (lm' Is distill warehnlne
M- stock availability.. material ordering. truck
to truck transfers. etc.)
G
This software also allows us to monitoi
many key performance items such as time
arrived onsite. time or completion.
y._
nihterials used. and vehicle/ equipment
used.
The contractual scope or work and all
nalllterid( Ke activities are also avallable
for le( I u rdn, to revim Ill oidel til
rmulr all tasks die, ( trupletHl wdthn liw
specified timeframe.
Technician Facing Application " mCompanion"
Siemens utilizes a proprietary management system that we refer to as mCompanion. This software is used to dispatch work orders and to track the progress of all work. Our technicians are now transmitting service response items ( preventative maintenance, emergency calls, scheduled extraordinary repairs, etc.) in real- time back to our traffic signal maintenance and management system using a handheld device. This allows our customers to view all work orders in real time through our Customer Portal. This software also allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/ equipment used. This information is then pulled into our internal processing system which features a secure web portal that the City can access in order to obtain progress on technician work for call outs and maintenance activities as well as a list of assets, asset map, real- time status of scheduled maintenance and service request calls, history per functional location, real- time equipment inventories, maps and event reporting as well as digital photographs of equipment. Detailed training of our management system is available anytime.
Industry Specific Tools
Siemens owns the following equipment used for various ITS components:
Two ATSI PCMT 8000 Conflict Monitor ( CMU) and Malfunction Certification Unit
Two ATSI PCMT 2600 Conflict Monitor ( CMU) and Malfunction Certification Unit
Fiber Optic Fusion Splicer w/ Cleaver
OTDR Tester
LED lumens Testers/ various brands
Multiple Metrotech Underground Locators ( USA Dig Alert) Monitor ( MMU) Test and
Monitor ( MMU) Test and
Vehicles & Equipment
Siemens owns and operates approximately 100 service vehicles of various types and sizes in the State of California. The bulk of which is located in Southern California. All technicians are assigned vehicles which are taken home daily in order to ensure rapid response in case of emergency. To help ensure safety, Siemens uses hydraulic bucket trucks with aerial lifts which are OSHA approved, inspected and certified as required by law. All drivers are trained through the Sentry Program for Insulated Devices. In addition to bucket trucks, Siemens also owns many construction vehicles towable arrow boards, towable air compressors, towable changeable message signs, Bobcat with auger & backhoe attachments, all required hand tools, and many other items for maintenance and construction. The list below shows our fleet in Southern California and its respective proximity from the city of Seal Beach.
Siemens Vehicles and Equipment
Minh Tran V3051 aD71 fiord WKkup
Matthew HLAs V061 2114 Ram Pid w
Kevin Duan V079 2017 ford 45' 7nealatied Bucket Trick
7 . Francisco Akrarado V078 2117 ford 45' Insulated Bucket Truk a
ax, s w Flom Vane S7- 4157 0586 3= 7 Ford 45' kwJiamed Bucket Truckk Rodrigo Gonzalez V050 2013 Ford Eaandene Val
u ': '` Benpimn P%fts 77- 34297M 20r,, Fail Q Imudaeed Bucket Truck Wlilk am Extunaun W4 2117 Fwd 45' kmAaWd Bucket Truk
a David Elias S7 -167U 358 2011 Cadge 40' taped Bucket Truck s Alberto Rarnir¢ VW 3117 Fwd 45' Bnsuiaeed Bucket Truck OwiskWher Franco V083 3112' Ford 45' IrWated Bucket Trus.
J „ Jorge L ora tiano V0B1 3117 Ford 4S' Lrs flamed Bucket Truk NeWe Ramos
g,
47- 22406942 2ri2 Ford 4Z' 7nsulaeed Bucket Truck
Samson Monte VW 2117 Fwd 45' kwuiamed Bucket Truck
Tmnadny % APaBkw V075 ZM7, Ford 45' Irisuitotad Bucket True Brandon Mddt S7 -1617U-7362111 Dodge 40' Non- Irmilamed Bucket Truck GabrW Knutson VOBS 3117 Ford 45' Lreuhoed Bucket Truck
Ben tnkken 47- 193223. 99 2111 Ford 40' Marr9rmallaeed Bucket Truck:
i
Gerardo Anguiano V0 Ci 3117 Fwd 45' Irrs<Aaoed Bucket Truck En>K) dwCdvsrpes S7, 211r Fard 40' NanllretfaoedBucketTruck Bucket Linda Mcneill S7- 20910286 2012 Fwd 42' Ireurlamed Bucket Truck e
Micheal Ortega V0T 2017 Ford 45' Ir" ned Bucket Truck
Dennis Kyle 57- 1671. 1733 2111 Dodge 40' Non4mullated Bucket Truck Yolanda Begarano V197PK 2009 Ford Eaonoline Van
Qnistophet Slocum V019 2017o Ford 45' ?reulated Bucket Truck Cow Landis V059 3117 Ford 45' Insulated Bucket Truck
Son Le S7- 20910.90 2117 Ford 41. Irtudaoed Bucket Truk Nadory Baker 57- 27077547 4713 Ilam 41. IrtsulatedBucket Tack W Willis 57- 41570570 2016 ford 42' ln% Aated Bucket Truck Tmodry Kasman V070 2017 lard 45' rWated Bucket Truck
David MoGno V037 2112 Ford Utiky Cormuction Service Truck Pedro Yanez V3060 2011 Ford Wky/Consnuction Service Truk Cecil Terry Jr. V034 2012 Ford UnkyiConsuucdon Service Truck Crag Yanes V015 2011 Fwd Uuity/ Carntrkcoon Service Truck Hugo Munoz V026 2012 Ford Utikty/ Conkstrucoon Service Truck Chad Newton V036 2012 Ford UOlityr' Conmkuowr Service Truck 1ohnadwn Burgess VW22 2009 Cher Utiiityl Cost Truck
Jose Robles Herrera 57- 39702400 2016 Ram 45' Insulated Bucket Truck Olsen Garcia V031 2012 Fwd Utility/ Construction Service Truck Casey GarciaV251SZ 2012 Chev Service Truck
Mark Medina V3054 2011 Ford Pickup
Michael De La Riva V3052 2109 Ford 40' Non4nsulated Bucket Truck Additional/ Pooled Vehicles
is • No. Nr Mak*_
CA NRFl- 0915
rrsr
VO93 2016 Ford 4 Yard Dump Truck CA 37946C2
VO52 2014 Freightliner Crane Track CA 41167M1
V3O63 2011 Ford Pickup Truck CA 89537C1
V3O64 2011 Ford Pickup Truck CA 449321- 1
VO23 2005 Ford 3 Yard Dump Truck CA 7R94547
V1O33 2002 GMC 7 Yard Dump Trick CA 7A5254S
57- 20910295 2012 Ford 42' Non Insulated Bucket Truck CA NRF1- 0915 47- 11832323 2008 Ford Utility/ Construction Service Truck IN 1093034 Available Constriction Equipment
ABS88 2014 Arrow Board ( Towable) CA NRFl- 0915
CC51 2011 GP Concrete Saw ( Circle Saw) N/ A
TR311 2004 MLBLT Trailer CA 4KE1864
ABS84 2014 Changeable Message Sign ( Towable) TBD
ABS87 2014 lChangeable Message Sign ( Towable) TBD
HM341 2000 Crafco Hot Melt Machine TBD
AC313 1999 Ingersoll Rand DP Air Compressor CA SE618O73 AB321 1999 Allmand 25 Lamp SP Arrowboard ( Towable) TBD TR511 1980 Cable Trailer CA 2FL48O3
M311 2009 Cimline Loop Sealing Hot Melt Machine CA SE56O124 VAC311 2009 Ditch Witch 8OO9al Vacuum ( Towable) CA 4LE8242 AC312 2008 Airman DP Air Compressor ( Towable) TBD
TR315 2007 Zieman 1170 Tilt Deck Trailer CA 4JE2941
ACO6O131 2007 Sullair Air Compressor ( Towable) CA SE6O0037 TR312 2007 Individual Conductor ( Wire) Trailer CA 4FU2198 AC29OO18 2007 Sullair Air Compressor ( Towable) CA SE6O0038 AC321 2006 Sullair Air Compressor ( Towable) CA SE6O0034 AB312 2006 Allmand 25 Lamp SP Arrowboard ( Towable) CA SE613989 AC341 2005 Ingersoll Rand DP Air Compressor CA SE6OOO22 gid'
VS 1800- LiGHTS ON I
Why Choose Siemens?
At Siemens ITS, we feel that we are uniquely qualified to achieve the goals and targets that have been established by the City of Seal Beach in this RFP. There are numerous advantages to having Siemens as a partner. Among the most beneficial:
Our experience,
a
GLLIFORMA REPUKIC
Siemens ITS continues to successfully execute long term service agreements in over 200 communities nationwide, which include maintenance programs for:
10,000 Signalized Intersections.
400,000 Streetlights.
600 callboxes.
In California, Siemens ITS maintains traffic signals and street lighting for 115 communities, encompassing:
4,000 signalized locations
40, 000 streetlights.
As the leader in the private traffic signal and streetlight maintenance industry in the United States, Siemens ITS is able to provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial:
Siemens has the largest workforce of IMSA level III Certified Technicians and NEC Certified Electricians in the industry. In addition, Siemens employs a wealth of key construction personnel for major repairs, dedicated utility locators for underground service alert ( USA) Dig Alert service and Corning certified fiber optic technicians.
Siemens has strategically positioned local field offices with an abundance of inventory and technical resources.
Our ability to complete entire projects in- house. Although we have many valuable external partners, we do not have to rely on consultants, outside sub -contractors, or sourced project management.
This improves communication, streamlines work, and eliminates unnecessary costs or delays.
We give our Customers the access to effectively track progress and manage service orders and the ability to review historical intersection information using our web -based Customer Portal. All technicians wirelessly update the street light and traffic signal database as work is performed making all information available virtually real time.
In conclusion, Siemens ITS is focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the city of Seal Beach and its residents. Whether you choose to commute by foot, bike, car, bus or light rail, Siemens traffic management solutions can help you arrive safely, more efficiently and with less impact on the environment.
References
References/ Recent Project History
Siemens has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track -record highlighted by our well- qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to maintain a community' s infrastructure and strive to exceed our customer' s expectations. 201 1 -
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Insurance Requirements
Siemens Mobility, Inc. plans to fully intend to comply with the insurance requirements set forth in the RFP, should we be awarded the contract.
Please see sample Insurance Certificate below:
Sealed Fee Proposal
As requested in the RFP, we have placed the Sealed Proposal Fee in a separate sealed envelope, which is clearly labeled " Sealed Fee Proposal" with our company' s name and project title.
SIEMENS
City of Seal Beach
Traffic Signal Maintenance Services
Project Cost Schedule
1. Routine Maintenance
Item Description: unit amwitkV Ufa TOW Pift T
Monthly Traffic Signal Maintenance EA 22 $ 75. 50 $ 1, 661. 00 $ 19, 932. 00 Monthly Flash Beacon Maintenance EA 5 $ 35. 00 $ 175. 00 $ 2, 100. 00 Total $ 22, 032. 00
U. Direct Labor Rates
Item **$ Cdoon unit RqwA0fWe
Service Truck HR
Operations Superintendent HR 70.00 70.00 70. 00
Foreman HR 120.00 150.00 178. 00
Traffic Signal Technician HR 115. 00 140.00 167. 00
Streetlight Technician HR 105. 00 124.00 143. 00
Utility Technician HR 115.00 140.00 167. 00
Groundsman I HR 100.00 140.00 140. 00
Lab Technician HR 85. 00 1 85.00 85. 00
Engineering/ Systems Technician HR 120. 00 1 150.00 178.00 Regular time hours are Monday - Friday 7: 30AM- 4: 30PM ( excluding Holidays) Overtime hours are Monday to Friday 4: 30PM- 07: 30AM, Weekends and Holidays 111. Equipment Rates
IV. Extraordinary Maintenance
1 Unit.' U
Service Truck HR 25. 00
Bucket Truck HR 28. 00
Crane Truck HR 55. 00
Towable Air Compressor HR 5. 00
Towable Arrow Board HR 5. 00
IV. Extraordinary Maintenance
1 Unit.' U
Underground Services Alert ( USA) Locate/ Markout Services HR 132. 12 Install 6' Dia Circular Type E Loop ( 1- 4 loops) EA 500. 83 Install 6' Dia Circular Type E Loop ( 5 or More loops) EA 427.43 Cabinet Testing EA 880. 83
V. Material
Item oet6riptkm Unit . Unitl:]
Material Mark- up will be Invoice Cost Plus 15%
SIEMENS
I CSL- LGATTON ONLY APPI_ IE: S T' O SIFMH: NS MOBILITY, INC. ALI GONTRAGT' S, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOGUMENTS ' 1' 0 BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND
MARSHA SMITH WITHOUT EXCEPTION
DELEGATION OF APPROVAL AUTHORITY FROM
CEO MARC BUNCHER AND CFO MARSHA SMITH
Mobility Management
Rolling Stock
Intelligent Traffic Systems
Turnkey Projects & Electrification
Customer Services
SIEMENS MOBILITY, INC.
A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. ( the Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person( s) may exercise such authority for and on our behalf up to $ 10 million.
AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
John Paljug
VP— MM
Stefan Heckrath
Senior Director, FBA — MM
Michael Cahill
VP — RS
Christopher Halleus
Senior Director, FBA — RS
Robin Stimson
VP — RS MK& S
James Thornton
Head of Procurement — MO
Andreas Thon
VP — TPE
Michael Tyler
Senior Director, FBA — CS
Marcus Welz
VP — ITS
Miriam Scheer
Senior Director, FBA — TPE
David Buchfuehrer
Senior Director, FBA — ITS
SIEMENS
B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations Finance/ Central Support Function
Name/ Position Name/ Position
Douglas Dreisbach Nick D' Alessandro
Director, Projects — MM Controller, Products & Freight Engineering Carrie Hernandez
Director, RS SPR
MM
Stephan Klein, Jessica Shaiegan
SeniorProjectDirector — MM Director Procurement — MM
Steve Gitkin Valerie Conway
Sales Director - ITS Senior Director, RS SPR
David Gutierrez Thomas Wiechert
Director, RS LR Director RS LR
Luis Tondi Resta Dariusz Chrominski
Director Products — MM Director RS LM
Armin Kick Thomas Glafenhein
VP — LM & HI Director, RS SC BG & RS TD
Omid Akbarzadeh- Paydar Kim Swain
Director, RS SC BG Director, RS CRC & LM
Raymond Ginnell Angel Acuna- Siler
VP — RS CRC Director FBA Projects — MM
Mike Nolan Matthew Rumbold
Director, Sales — MM Manager, Procurement — CS
Laura Coates
General Manager, RS TD
C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
Tony Ritter
Director, CS
Nikki Bassi
Director RS
Reiner Martin
Director CS
Cathie Steele
Director, CS LR & MM
Mark Bennett
VP, Operations RS
Carrie Hernandez
Director, RS SPR
David Hart
Manager, TPE
Michelle Picard
Director, RS
Cesar Losada
Director, CS
Matthaeus Decker
Manager, RS SPR
Goutham Lingannagari
Director, Bid & Project Management — ITS
Craig Debevoise
Projects Commercial, ITS
Simon Davidoff
Director, Data Services — CS
David Anderson
Project Procurement Manager, TPE
Steve Teal
Director, ITS Service
Rudolf Wagner
Performance Controlling, MO
2 SIEMENS
Jeb A. Echols Warren Openshaw
Manager, Project Estimating — MM Director, Plaffqtiqns BA, RS Paul Aichholzer Natalie Liggett
Director, Projects, RS CRC & LM Sr. Commercial Project Manager, MM Rodrigo Resende Astig Arakelian
Business Development Professional, TPE Real Estate, MO
Benjamin Kotze Angela Maria De Paiva Delicado
Head of Engineering, TPE Finance Manager, REM Americas
Gary O' Brien
Constanze Kutschki
Head of REM Americas
Manager, RS SPR
D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations Finance/ Central Support Function
Name/ Position Name/ Position
Paul Eliea, Tommy Charurat
Director, MM Director, Performance Controlling
RS
David Costello, Gisela Kaufmann
Director MM Controller MM
Dave Jeanette Constanze Kutschki
Manager, MM Manager, RS SPR
Jim Lyons Ronald Staggs
Sr. Manager, MM Commercial Project Manager, RS LR
Jeff Balogh Mary Matos
Sr. Director MM Commercial Project Manager, RS LR
George Long Christine Jaw
V Engineering RS Commercial Project Manager, CS
Robert Martner Kavita Patel
Senior Project Manager, RS LM Commercial Project Manager, CS Jeffrey Curran Christopher Smith
Project Manager, RS LR Commercial Project Manager, RS LR Duane Kopp Adam Huey
Project Manager, CS Commercial Project Manager, RS CRC & LM
Ron VanHuuksloot Thomas Koprowski
Project Manager, RS LR Commercial Project Manager, RS SC BG Thomas Stehlik David Spence
Project Manager, RS ME Commercial Project Manager, ITS
Viorel Aninoiu Solomon Lee
Project Manager, RS LR Commercial Project Manager, MM
Carsten Nebe David Sarles
Project Manager, RS CRC Procurement Commodity Manager, MM Mark Anderson Stuart Adler
Project Manager, CS Project Procurement Manager, MM
Aaldrik Metting Joel Nielsen
Project Manager, RS LR Commercial Project Mana er RS LR Chander Khanna, James Hryniewicz
Sr. Director, Manufacturing Processes Commercial Bid Manager, TPE RS
Ibrahim Kalender Darla Lesnykh
Project Manager, RS SC BG Commercial Project Manager, CS 3 f
SIEMENS
Barry Sidler Donna Lam
Program Manager, CS Commercial Project Manager, RS CRC
Luis Correia Noureann Mitchell
Project Manager, CS Procurement Project Manager, ITS
Michael Hutchens Rosa Baquero
Operations Manager, ITS Commercial Project Manager,
Field Services RS
William Tucker Sarah Jenik
Operations Manager, ITS Commercial Support, CS
Gerhard Leitner David Michna
Field Engineering Management, CS Commercial Project Manager, CS Ivan Bukin Peter Silberhorn
Project Manager, CS Commercial Project Manager, RS CRC & ME
Kevin McGrew Lars Volger
Director, Quality RS Commercial Project Manager, MM
Jamil Nasr Tien Pham
Engineering Director MM Commercial Project Manager, CS
Ben Linden Liam Nelson
Senior Director Carborne Engineering, Commercial Project Manager, TPE MM
Christopher Hammett Marcin Szczapa
Project Manager, TPE Commercial Project Manager, CS
Abhinav Mitra Clive Lepper
Project Manager, TPE Commercial Project Manager, RS LR
Matthew Thomas Michael Keats
Project Manager, CS Commercial Project Manager, TPE
Mason Boswell Noe Padilla
Project Manager, RS LR Commercial Project Manager, TPE
Mark Godsey Nishant D' Sa
Project Manager, TPE Commercial Project Manager, MM
Shawn McCuaig Lauren Westfall
Director, Field Services RS Commercial Project Manager, MM Evgeny Inozemtsev Lisa Cams
Project Manager, RS SC BG Commercial Project Manager, MM Francois -Xavier Beau Angela Hunter
Project Director, MM Commercial Project Manager, MM
Jacob Street Michelle Hillen
Project Manager, MM Commercial Project Manager, MM
Michael Carlo Anchal Bansal
Project Manager, RS LR Commercial Project Manager, ITS
Rolf Neuhaus Claudia Thiele
Project Manager, RS CRC Commercial Project Manager, ITS Hany Gadalla Karlene Keene
Project Manager, TPE Controlling, RS TD
Dave Kost Rogerio Lavieri
Production Manager, TPE Commercial Project Manager, RS LM Nicholas Corley Varnnaphapar Mekwattana
Warehouse Manager, TPE Commercial Project Manager, RS SC BG Tony Abboreno Olga Fedorov
Project Manager, TPE Commercial Project Manager, CS
Eddie Urioste Stefan Brown
Project Manager, TPE Commercial Project Manager, TPE
Erik Schildknecht Yasmine Forghani
Project Manager, CS Commercial Project Manager, RS LM _ Jon Aliason Tatiana Simonchik
Project Manager, CS Commercial Project Manager, RS LM
SIEMENS
Malte Schierwater Charles Hollman
Project Manager, RS LM Commercial Project Manager, RS LR Timothy Ferguson Stefan Hagl
Head of Operations, RS TD ____ Project Procurement Manager, TPE Clint Schuckel
Operations Manager, ITS
Laryssa Parker
Head of Digital Lab, ITS
Charles Bell
Project Manager, RS LR
Nathan Kalesnikoff
Project Manager — Bids & Proposals, TPE
Jonathan Vann
Project Manager, TPE
Alejandro Sierra
Project Manager, TPE
Nils Soyke
Head of Bid Management, ITS
Del Nichols
Director, PLM/ R& D — ITS
Bryce Dudgeon
Project Manager, RS CRC
E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.
AUTHORIZED SIGNATORIES
Business Operations
Name/ Position
Finance/ Central Support Function
Name/ Position
Diana Johnson
Bid Manager, ITS
John Billings
Bid Manager, ITS
David Love
Sales Manager, ITS
Robert Paquette
Sales Manager, ITS
Stefan Kraemer
Business Developer, RS TD
F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation.
G. It is further acknowledged that any document shall require the signature of two ( 2) of the above Authorized Signatories, one each from Business Operations and from Finance/ Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation.
H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person' s authority hereunder to additional members of his or her management team up to the limit of such person' s delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department.
I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution.
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1s' day of March, 2019.
Marc Buncher
CEO
Siemens Mobility, Inc.
Marsha Smith
CFO
Siemens Mobility, Inc.
SIEMENS
EXHIBIT B
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations (" DIR") implementing such statutes. Therefore, as to those Services that are " public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771. 4, Contractor' s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day' s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code sSection 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
a coRO® CERTIFICATE OF LIABILITY INSURANCE DA/ DD/ YYYY) os/ 05/ osnols 20/
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
MARSH USA, INC.
445 SOUTH STREET
MORRISTOWN, NJ 07960- 6454
CONTACT
P
NE. Iac No):
ADDRESS: E- MAIL
INSURERS AFFORDING COVERAGE NAIC #
X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE OCCUR
INSURER A: HDI Global Insurance Company 41343 100129- MOBI- 18/ 19 REPUB Sachs 1185
INSURED
SIEMENS MOBILITY, INC. INSURER B : Travelers Property Casualty Co. of America 25674 INSURER C : The Travelers Indemnity Company 170 WOOD AVENUE SOUTH 25658 ISELIN, NJ 08830
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NIJMRFR- NYC- 00903f139R- 31 RFVICIAN NIIMRFR•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSLTR
TYPE OF INSURANCE
AD L U R
POLICY NUMBER MM/
EFF M° D/
LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE OCCUR
Manashi Mukhedee -_ 1A. oLuok0"
GLD11101- 10 10/ 01/ 2018 10/ 01/ 2019 EACH OCCURRENCE $ 1, 000, 000
MAGE TO RENTE
PREMISES Ea occurrence $
DA
1, 000, 000
MED EXP ( Any one person) $ 100, 000
PERSONAL & ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER:
X POLICY F—] JEOT [::] LOC
GENERAL AGGREGATE $ 10, 000, 000
PRODUCTS - COMP/ OP AGG $ INCL
OTHER:
B AUTOMOBILE LIABILITY T= - CAP -7440L30- 18 10/ 01/ 2018 10/ 01/ 2019 COMBINED SINGLE LIMIT $ 2000 000 Ea accident X ANY AUTO BODILY INJURY ( Per person) $ N/A
X OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident) $ N/ A
X HIRED X NON - OWNED
AUTOS ONLY AUTOS ONLY
PROPERT' YDAMAGE $ N/ A Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LiAB CLAIMS -MADE AGGREGATE $
DED I I RETENTION $
B
C
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
TC2J- UB- 8049X508- 18 ( AOS)
TRK- UB- 8049X51A- 18 ( AZ, MA, OR, WI)
TWXJ- UB- 744OL338- 18 ( OH & WA)
5500K LIMIT/ $ 500K SIR""'
10101/ 2018
10/ 01/ 2018
10101/ 2019
10/ 0112019
10/ 01/ 2019
X PER OTHSTATUTE ER
E. L. EACH ACCIDENT $ 1, 000, 000
E. L. DISEASE - EA EMPLOYEE $ 1, 000,000
E. L. DISEASE - POLICY LIMIT $ 1, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED.
CITY OF SEAL BEACH, ITS ELECTED OFFICIAL, OFFICERS, EMPLOYEES AND AGENTS ARE HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. WAIVER OF SUBROGATION IS EFFECTUAL 1, 000, 000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY.
CERTIFICATE HOLDER (_ AWCFI I ATInW
CITY OF SEAL BEACH
211 8TH STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SEAL BEACH, CA 90740
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manashi Mukhedee -_ 1A. oLuok0"
1988- 2016 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11101- 10 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - ( FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Any Person or Organization Required by a Written Contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'Your work" for that insured by or for you.
It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self- insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured.
CG 20 10 11 86 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
TRAVELERS WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 0313 ( 00) -
POLICY NUMBER: ( TC2JUB- 8049XSo- 8- 18)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF
SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR
PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE
WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT,
AGREEMENT OR PERMIT.
DATE OF ISSUE: 09- 07- 18 ST ASSIGN:
COMMERCIAL AUTO
POLICY NUMBER: TC2J- CAP- 7440L34A- TIL- 18 ISSUE DATE: 09- 07- 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following.- AUTO
ollowing:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person( s) or organization(s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person( s) Or Organization( s):
ANY PERSON OR ORGANIZATION WHOM YOU HAVE
AGREED TO ADD AS ADDITIONAL INSURED, BUT
ONLY TO COVERAGE AND MINIMUM LIMITS
REQUIRED IN A WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph
D.2, of Section I - Covered Autos Coverages of the
Auto Dealers Coverage Form.
CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Agenda Item H
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: Second Amendment to the Water Conservation
Participation Agreement with Municipal Water District of Orange County for Water Conservation Participation
________________________________________________________________ SUMMARY OF REQUEST:
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.
BACKGROUND AND ANALYSIS:
The Municipal Water District of Orange County (MWDOC) provides wholesale imported water to the City of Seal Beach and 26 other Member Agencies throughout Orange County. In addition to its core responsibility of securing a reliable regional water supply, MWDOC offers a range of support services that include regional water planning, emergency preparedness coordination, legislative and regulatory advocacy, and public education. The development and implementation of comprehensive water use efficiency and conservation programs are included within their scope of available support services.
The Metropolitan Water District of Southern California’s (Metropolitan) Conservation Credit Program (Program) is the foundational source of funding for MWDOC’s water use efficiency incentive programs. In June 2006, Metropolitan and MWDOC entered into two (2) Water Conservation Funding Agreements - one for Residential Programs and the other for Commercial, Industrial, and Institutional (CII) Programs (Metropolitan Agreements) - to access Metropolitan’s Program funding. The term of the Metropolitan Agreements, which expired on June 30, 2025, have been extended for an additional ten (10) years, through June 30, 2035.
MWDOC’s own Water Conservation Participation Agreement (MWDOC Agreement) with its Member Agencies also expired on June 30, 2025, and similarly