Agenda packet — Seal Beach City Council, September 22, 2025 (part 2 of 2)

with its permission.

4. Original copies of receipts for services of a
locksmith must be provided before reimbursement is payable.

Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION — CANCELLATION applies
except as follows:

COMMERCIAL AUTO
AC 70 05 03 16
If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the First Named Insured written notice of
cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states that require
more than 60 days prior notice of cancellation.

AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C Ed. 01- 19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA

BLANKET BASIS
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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $ 350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Blanket Waiver
Person/ Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Job Description Waiver Premium ( prior to adjustments)
All CA Operations 633. 00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/ 02/ 2020 PolicyNo.: PAWC126019 Endorsement No.:

Insured: Premium $
Insurance Company: Oak River Insurance Company
Countersigned by
WC990410C
Ed. 01- 19)

PROFESSIONAL SERVICES AGREEMENT
for
Lampson Well Treatment Analysis — Pilot Project
Professional Engineer Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714) 714- 481- 7300
This Professional Service Agreement (" the Agreement') is made as of December 19, 2019 ( the " Effective Date"), by and between Pacific Advanced Civil Engineering, Inc.

Consultant'), a California C Corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional engineering services for the Lampson Well Treatment Analysis — Pilot Project.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to engage Consultant to provide professional engineering services in the manner set forth herein and more fully described in Section 1. 0.

C. Consultant represents that the principal members of its firm are qualified professional engineers 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. OScope of Services

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

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

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

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
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1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2. 0 Term

2. 1. The term of this Agreement shall commence on December 19, 2019, and shall remain in full force and effect until June 30, 2020 unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $33,000.00 ( Thirty -Three Thousand dollars) for the Original Term.

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

4. 0 Method of Payment

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

4.2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights 3of14
under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.

5. 0 Termination

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

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

6. 0 Party Representatives

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

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

7. 0 Notices

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

To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Attn: Duncan Lee, P. E.

7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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8. 0 Independent Contractor

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

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

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

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 5of14
become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

8. 4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

9.0 PERS Compliance and Indemnification

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

9. 2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 9. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of14

10. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement.

11. 0 Subcontractors
No portion of this Agreement shall be
approval of the City. Consultant is fully
of any and all subcontractors.

12. 0 Assignment
subcontracted without the prior written
responsible to City for the performance
Consultant 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.

13. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section 13. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

14.0 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 7of14
outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

15. 0 Insurance

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

15.2. Consultant 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); ( 3) Workers' Compensation and Employer' s Liability coverages; and ( 4) if required by the City, Professional Liability coverage ( or Errors and Omissions coverage). Consultant 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; ( 3) Workers' Compensation in the amount required by law and Employer's Liability: $ 1, 000, 000 per accident and in the aggregate for bodily injury or disease; and ( 4) Professional Liability ( or Errors and Omissions Liability, as appropriate): $ 1, 000, 000 per claim/ aggregate, and if a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

15. 3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the 8of14
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 Consultant'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 Consultant' 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 Consultant, 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 Consultant or for which the Consultant is responsible.

15. 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.

15. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant 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 Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

16. 0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively " Indemnitees" in this Section 16. 0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/ or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees.

Consultant acknowledges that the City would not have entered into this 9of14
Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement.

16. 1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively Indemnitees" in this Section 16.0), 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 Consultant, and/ or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c). Notwithstanding the foregoing and as required by Civil Code § 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.

16. 2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, 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 Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for 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. Consultant 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. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
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16. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all 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 Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for 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.

16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant' s indemnity obligation set forth in this Section 16. 0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement.

16. 5. Consultant' s covenants under this Section 16. 0 shall survive the expiration or termination of this Agreement.

17. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.

Consultant 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.

18. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11 of 14

19.0 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 Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

20. 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.

21. 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.

22. 0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

23. 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.

24. 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.

25. 0 Prohibited Interests; Conflict of Interest

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

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 12 of 14
employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

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

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

26. 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.

27. 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.

28. 0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL
CONSULTANT: Pacific Advanced Civil
o Engineering, Inc., a California C
ty-{Manager By. .. -
S erg " VV -0 -, n"Ce o- 04 Name:

Its:

Attest:

By:
r i, Approved as to Form: u L U
By:

Craig A. Steele, City Attorney
PrCtte+t f
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.)
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EXHIBIT A
Consultant' s Proposal
PACE Advanced Water Engineering
December 9, 2019
Iris Lee, Deputy Public Works Director/ City Engineer
City of Seal Beach
Public Works Department
211 Eighth Street
Seal Beach, CA 90740
562) 431- 2527 x1322
Re: City of Seal Beach # B629
Lampson Well Treatment Analysis - Pilot Program
Dear Iris,
PACE is pleased to provide our proposal for engineering services for the " Lampson Well Treatment Analysis - Pilot Program". Attached are our Scope of Services, Compensation, Hourly Rate Schedule and Provisions.

We appreciate the opportunity to be of service to the City of Seal Beach and look forward to working with you and your staff for the pilot study. Please contact me if there are any questions or if we may provide any additional information.

Sincerely,
Duncan Lee, PE
Principal, QA/ QC Manager— Utilities Division
DL/ sg
Enclosures: Scope ofServices, Compensation, Hourly Rate Schedule and Provisions.

PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
City of Seal Beach
Lampson Well Treatment Analysis - Pilot Program
8629
The Lampson Water Well ( Well) is owned and operated by the City of Seal Beach ( City) and is located at the easterly end of the Old Ranch Country Club on Lampson Avenue. This Well is one ( 1) of four (4) City water wells, with onsite sodium hypochlorite ( NaOCI) disinfection system.

Historical water quality data provided by City staff showed relatively high range of sulfide concentrations level and City has encountered instances of customer complaints about odor issues.

Consequently, this newest City well, built around 2009 is operating at low flow rates to minimize concerns for odor complaints. At the recent pre -proposal site visit by PACE, water quality analysis performed by PACE staff revealed that ground water from the Well does have hydrogen sulfides ( H2S) concentration around 50 µg/ L ( 0. 050 mg/ L), which will produce a nuisance odor. Odor is identified under the National Secondary Drinking Water Regulations for aesthetic effects, and is not a health and safety concern. Another side effect is typical chlorine dosage rate is significantly higher when the ground water has such concentration of H2S, driving up chemical cost at this Well.

This proposal is submitted to the City to investigate the feasibility of PACE' s Hybrid Biological Activated Carbon ( HBAC) treatment to reduce/ remove H2S odor, and to reduce chlorine chemical dosage. This pilot study will be carried out by deploying PACE' s 5 -column pilot skid and the 8 -foot tall pilot skid.

OBJECTIVE:

The proposed pilot system shall operate for approximately 9 weeks, which would provide preliminary design parameters including much needed information for State Health Department approval and potential funding opportunities. Our services will include the following tasks: ( 1) deploy, startup, water sample monitoring, and demobilize pilot skids ( 9 weeks), ( 2) Chlorine demand test and microbial diversity analysis ( 2 weeks), and ( 3) a technical memorandum with a PowerPoint presentation ( 3 weeks).

PACE anticipates a total of 14 weeks to complete all identified tasks.

SECTION A - SCOPE OF SERVICES:

A. PACE agrees to perform the following services:

Task 1— Pilot Skids Installation, Water Sample Monitoring and Demobilization PACE shall provide equipment, materials, and labor to perform an approximate 9 -weeks pilot test at the Well. Both the 5 -column pilot skid and the 8 -foot tall pilot skid will be deployed at the Well site. PACE shall be responsible for transportation, installation and startup of pilot skids while the City shall be responsible to provide required footprint, access, electrical power and raw well water supply.

The 5 -column pilot skid consist of transparent filtration columns ( 3 -inch diameter and 2. 5 feet length) which could be configured in parallel or series flow configuration. Individual columns can be separately 1 PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for ## 629 Page 2 of 4
backwashed and air -scoured with raw water and portable air compressor respectively. The proposed configuration plan for the Well is shown on Figure 1.

Lampson Well — Raw Feed ( without Pretreatment)
Filter Filter Filter
1 2 3
15" of 15" of 15' of
GAC) f GAC)
i
i
I GAC)
i
n
Filter Filter
4 5
15" of
15" of
Plastic
GAC)
Media)
700gpm

8. 91 gpm/
Figure 1: Proposed pilot configuration for five - column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon ( BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE' s HBAC treatment option. The 9 - week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC ( GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment ( Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2" d Cycle of treatment ( Initiating after backwashing required columns only) The 8 - foot tall pilot skid will be filled with 4 feet of plastic media ( NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air - scouring.

Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 - hours after sampling.

Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency.

PACE will coordinate and work in good faith with City' s water distribution operations to conduct analysis to not create undue burden on the City' s system.

PACE
500 gpm

6. 37 Bpm/
700 gpm _

8.91 gpm/
900 gpm

11. 46 gpm/
700 gpm

8. 91 gpm/
700gpm

8. 91 gpm/
sgft 5q -ft.) 5aR.) sq. ft.) , I sq -ft.)
Figure 1: Proposed pilot configuration for five - column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon ( BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE' s HBAC treatment option. The 9 - week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC ( GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment ( Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2" d Cycle of treatment ( Initiating after backwashing required columns only) The 8 - foot tall pilot skid will be filled with 4 feet of plastic media ( NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air - scouring.

Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency.

PACE will coordinate and work in good faith with City' s water distribution operations to conduct analysis to not create undue burden on the City' s system.

PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for #B629 Page 3 of 4
The following water quality parameters will be tested on a weekly basis.

Table 1— Water quality parameters tested in Task 01
Clans, Parameter Me d Equipment Nlajt r
pH* Handheld probe Hach HQ40d Secondary Drinking Water
Standard
Conductivity Handheld probe OAKTON PCTS 50 Secondary Drinking Water Standard
Secondary Drinking Water TDS Handheld probe OAKTON PCTS 50 Standard
ORP* Handheld probe ORPTestr 10
Oxidation Status of the Well
General water
DO* Handheld probe Hach HQ40d Sensitive for Sulfide Oxidation HACH DR 2800 / Hach Secondary Drinking Water Color* HACH 8025 DR 900 Standard
Turbidity
HACH 2100 Secondary Drinking Water
TURBIDIMETER Standard
Temperature* Handheld probe Hach HQ40d Sensitive for biological activity Sulfide* HACH 8131 HACH DR 2800 Ion of Concern
Sulfate HACH 8051 HACH DR 2800 By product of Sulfide Oxidation Nutrient / Sensitive for Sulfide
Nitrate- N HACH 10206 HACH DR 2800
Oxidation
Ions
Ammonia - N HACH 10023 HACH DR 2800 Nutrient for biological activity Secondary Drinking Water
Iron HACH 8008 HACH DR 2800
Standard
Secondary Drinking Water Manganese HACH 8149 HACH DR 2800 Standard
Remarks: * tests will be conducted onsite for sensitive water quality parameters.

After completion of the pilot study, PACE shall remove all pilot equipment from Well site.

Task 02 — Chlorine Demand Test and Microbial Diversity Analysis PACE shall provide equipment, materials, and labor to perform a comprehensive chlorine demand tests on raw water and chlorinated water from the Well, to determine the amount of reduction in chlorine demand from the HBAC treatment system. The chlorine demand test shall be conducted on site immediately after the samples are collected.

PACE shall carryout microbial diversity analysis on raw well water and biomass growth on GAC media with duplicates to confirm presence of sulfide oxidizing bacterial population. These samples shall be collected twice during end of each stages of treatment and PACE will send them to RTL genomics laboratory for microbial diversity analysis.

O
PACE
Lampson Well - Lampson Well Treatment Analysis - Pilot Program ( City of Seal Beach) December 9, 2019 Scope and Compensation for #8629 Page 4 of 4
Task 03 — Technical Memorandum and Presentation
PACE shall prepare a Technical Memorandum ( TM) to summarize results of the analysis, findings, and provide recommendations data collected from Task 01 and Task 02. Should the City decide to pursue a full scale implementation of PACE' s HBAC treatment system, the TM will need to be submitted to the state health regulatory agency for future approval. PACE will also prepare a PowerPoint presentation for the City.

SECTION B - COMPENSATION:

PACE will complete the work outlined herein and invoice client monthly on a not -to -exceed fee of 33, 000 in accordance with the attached " Hourly Labor and Expenses Rates Schedule".

Task Description Professional Fee
01 Pilot Skids Installation, Water Sample Monitoring and Demobilization $ 21, 000 02 Chlorine Demand Test and Microbial Diversity Analysis $ 5, 000 03 Technical Memorandum and Presentation 7, 000
TOTAL FEE ( Not -to -Exceed): $ 33, 000
ASSUMPTIONS AND EXCLUSIONS:

1. The City shall provide PACE with all available base data and project information in a timely manner, coordination and management of other team consultant( s) to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the City or other consultant( s) include the following:
a. Historical water quality monitoring results
b. As built drawings for the Well site including mechanical and electrical drawings c. Distribution system maps to identify service area boundaries and piping

2. Any proposed project changes initiated by the City, and not a result of PACE' s conduct of business which affect work in progress or previously completed will be justification for additional compensation.

3. No environmental documentation or support, including no environmental permitting.

4. No surveying or construction staking is included.

5. Local government approval meetings, hearings, etc. will be under separate work authorization, if required.

6. Existing utility information research and mapping is not included and will be provided by the City.

7. The fees proposed herein shall apply until one year from date of agreement. Due to everchanging costs, PACE will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the City up to a maximum of five -percent ( 5%).

PACE
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2 uz2\
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2§ I
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77 2 m w

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PACIAOU- 01 ARODRIGUE
ACORO

CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DD/ YYYY)
12/ 6/ 2019
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 License # 0757776 CONTACT Laura Lettieri
NAME:

HUB International Insurance Services Inc. PHONE FAX
4695 MacArthur Court, Suite 600 ( A/ C, No, Ext): ( A/ C, No):

NewP ort Beach, CA 92660 ADDRESS: E- MAIL laura.leffieri@hubinternational. com

INSURED
Pacific Advanced Civil Engineering Inc. ( PACE)
17520 Newhope Street Suite 120
Fountain Valley, CA 92708

INSURER( S) AFFORDING COVERAGE
INSURER A: Evanston Insurance Company
INSURER B: Atlantic Specialty Ins. Co.

INSURER C: Berkshire Hathaway Homestate Insurance Company INSURERD: Arch Specialty Insurance Company
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

NAIC #
35378
27154
20044
21199

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.

AUTHORIZED REPRESENTATIVE

INSR ADOL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE I WVD POLICY NUMBER MM1OD1YYYYI IMWDDIYYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY
I
EACH OCCURRENCE $ 1' 000' 000
CLAIMS - MADE X OCCURMKLV5PBC000525 X 4/ 30/ 2019 4/ 30/ 2020 DAMAGE TO RENTED PREMISES ( Ea occurrence) _ $
300, 000
X $ 5, 000 Ded
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $ 1' 000' 000
GEN' L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2' 000' 000 o
POLICY X ECT LOC PRODUCTS - COMP/ OP AGG $ 2, 000, 000
CAP:$ 10, 000, 000 OTHER

B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident) $
1, 000, 000
X ANY AUTO X 7100322160007 4/ 30/ 2019 4/ 30/ 2020 BODILY INJURY ( Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOSSSWN BODILY INJURY ( Per accident) $
AUTOS ONLY AUTOS ONLDY Peri acEciidentDAMAGE
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10, 000, 000
X EXCESS UAB CLAIMS - MADE MKLV5EUL101645 4/ 30/ 2019 4/ 30/ 2020 AGGREGATE $ 10' 000' 000 DED RETENTION $

C WORKERS

AND EMPLOYERS'

COMPENSATIONPER

LIABILITY

OTH- X STATUTE ER -
Y / N
IPAWC019790 3/ 2/ 2019 3/ 2/ 2020 ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT $ 1, 000,000 OFFICER/ MEMBER EXCLUDED? N / A
Mandatory in NH) 1' 000' 000
If yes, describe under
E . DISEASE - EA EMPLOYEE $
1, 000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ D PROF & POLL LIAB CPPOO55298- 06 4/ 30/ 2019 4/ 30/ 2020 EACH CLAIM $ 3M / DED 100,000 D RETRO DATE: 1/ 1/ 1995 CPP0055298- 06 4/ 30/ 2019 4/30/ 2020 AGGR $6M / DED 300, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the named insued during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to general liability and auto liability per CG20101185, CG20370704 and VCA201062018. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions per ( GL) IL00171198, ( AUTO) VIL619CA0811 & IWC) WC990607107.

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

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

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

Seal Beach, CA 90740

AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

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:

As required by written contract executed by both parties prior to loss Applies to commercial work only
If no entry appears above, information required to complete this endorsement MR be shown in the Declarations as appkcable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabi{ity arising out of "your Work" for that insured by or for you.

CO20101185 Copyright, Insurance Services Office, Inc.

Policy Number: 710- 03- 22- 16- 0007 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BROAD FORM AUTOMOBILE ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered.

A. Drive Other Car Coverage — Executive Officers 4. Loss of Use Expenses Increased and Certain Individuals 5. Other Coverage Extensions
B. Section If — Covered Autos Liability Coverage
a. Airbag Discharge
b. Auto Theft Reward

1. Additional Insured — Written Contract, c. Loan/ Lease Gap Coverage Agreement, Permit or Authorization d. Rental Reimbursement

2. Broadened Named Insured 6. Diminution in Value

3. Employees as Insureds 7. Communications Equipment
Including Employee Hired Autos and 8. Deductible Waived For Glass Repair Fellow Employee Coverage)

4. Newly Acquired or Formed Organizations
D. Section IV — Business Auto Conditions

5. Supplementary Payments — 1. Duties in Event of Accident, Claim, Suit or Loss Bail Bonds and Loss of Earnings 2. Waiver of Subrogation When Required by C. Section III — Physical Damage Coverage Written Contract or Agreement

1. Hired Auto Physical Damage Coverage
E. Section V — Definitions

2. Towing — Any Covered Autos 1. Bodily Injury — Includes Mental Anguish

3. Transportation Expenses Increased 2. Executive Officer A. Drive Other Car Coverage — Executive Officers and Certain Individuals

1. The following is added to Section I — Covered Autos:

Drive Other Car Coverage
a. For Covered Autos Liability Coverage and Physical Damage Coverage, " autos" in the care, custody or control of an " insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered " autos". But this does not include any " auto":
1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any " auto" that is owned but not insured;
2) Used by an " insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or
3) Insured or covered under another policy.
b. If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an insured" described in Paragraph 2. below, and their family members residing in the same household, are " insureds" while.-
1)
hile:
1) Occupying as a passenger; or
2) A pedestrian when struck by;
any " auto" you do not own, hire, lease or borrow, except an " auto" owned by an " insured" described in Paragraph 2. below or members of their household, or an " auto" insured or covered under any other policy.

INSURED

2. With respect to Drive Other Car Coverage only, Paragraph A.I. Who is an Insured of Section II — Liability Coverage is amended to include as an " insured" the following:

If you are designated in the Declarations as:
a. An individual, you and your spouse.
b. A partnership, your partners and their spouses.
c. An organization other than an individual or a partnership, your "executive officers" and their spouses.

3. Limit of Insurance and Deductible
The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an " auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an " auto" you own.

4. Other Insurance
Regardless of the existence of other insurance or Paragraph B. 5. Other Insurance of Section IV — Business Auto Conditions, Drive Other Car Coverage is primary.

B. Section II — Covered Autos Liability Coverage

1. Additional Insured —Written Contract, Agreement, Permit or Authorization Paragraph A. I. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered " auto". But this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the " bodily injury" or "property damage"; b. To any person or organization included as an " insured" under any other provisions of this policy, including this or any other endorsement;
c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased " auto" ends or the lessor or its agent takes possession of the " auto".

2. Broadened Named Insured
Paragraph A. 1. Who is an Insured of Section 11 — Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.

3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A. 1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an " insured" your " employee" while:
1) Using a covered " auto" you do not own, hire or borrow in your business or your personal affairs.
2) Operating an " auto" hired or rented under a contract or agreement in that "employee' s" name, with your permission, while performing duties related to the conduct of your business. b. Exclusion B. 5. Fellow Employee of Section II — Covered Autos Liability is deleted. c. The following is added to B. 5. b of Section IV — Business Auto Conditions:

Any covered " auto" hired or rented without a driver by your " employee" under a contract or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered " auto" you own.

4. Newly Acquired or Formed Organizations
Paragraph A. 1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an " insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But:
1) Coverage under this provision is afforded only until the end of the policy period; and 2) Coverage does not apply to " bodily injury" or " property damage" caused by an " accident' that occurred before you acquired or formed the organization.

5. Supplementary Payments — Bail Bonds and Loss of Earnings In Paragraph A.2. a. Supplementary Payments of Section II — Covered Autos Liability, the following replaces Paragraphs ( 2) and ( 4):
2) Up to $3, 500 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident' we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the " insured" at our request, including actual loss of earnings up to $ 500 a day because of time off from work.

C. Section III — Physical Damage Coverage

1. Hired Auto Physical Damage Coverage
a. If hired " autos" are covered " autos" under Section If — Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any auto" you own, a hired " auto" will be deemed a covered " auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below.
b. For Hired Physical Damage Coverage provided by paragraph a. above:
1) The most we will pay for " loss" to any hired " auto" is the lesser of:
a) $ 75, 000 for "autos" of the private passenger type and $ 50, 000 for all other " autos"; b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
2) The Deductible is the largest Deductible for the applicable coverage for an " auto" you own. 3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis.

2. Towing — Any Covered Autos
The following replaces Paragraph A.2. Towing of Section III — Physical Damage Coverage:

We will pay up to $ 100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered " auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations.

3. Transportation Expenses Increased
In Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered " auto" of the private passenger type are increased to $ 75 per day, to a maximum of $ 2, 250.

4. Loss of Use Expenses Increased
The following replaces the last paragraph in Paragraph A.4. b. Loss Of Use Expenses of Section III — Physical Damage Coverage:

However, the most we will pay for any expenses for loss of use is $ 1, 000.

5. Other Coverage Extensions
If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section III — Physical Damage Coverage:

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2018,
a. Airbag Discharge
We will pay to reset or replace a covered " auto' s" airbag that accidentally discharges without the auto" being involved in an " accident" if the airbag is not covered under a manufacturer' s warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward
If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to 2, 000 for information leading to the arrest and conviction of anyone stealing a covered " auto". But we will not pay a reward to you, any family members or " employees" or any public officials while performing their duties.
c. Loan/ Lease Gap Coverage
If a covered " auto" is subject to a long- term loan or lease that requires, in writing, that the lender or lessor be an additional " insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of loss" and the remaining balance on your loan or lease. But we will not pay for:
1) Any amount paid under the policy' s Physical Damage Coverage; or 2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments.
d. Rental Reimbursement
We will pay for expenses to rent an " auto" of the private passenger type because of "loss" to a covered " auto" of the private passenger type. But:
1) We will only pay expenses incurred during the policy period at the time of the " loss" and ending, regardless of the policy period, six days after the " loss". 2) The most we will pay is the lesser of:
a) Reasonable and necessary expenses actually incurred; or b) $ 50 per day.
3) This coverage does not apply if a spare or reserve " auto" is available to you. 4) If " loss" is because of the total theft of a covered " auto", we will pay only those amounts that are not already covered under Transportation Expenses.

No Deductible applies to this Coverage Extension.

6. Diminution in Value
The following is added to Exclusion 13. 6. of Section III — Physical Damage Coverage.- This
overage:

This exclusion does not apply to " diminution in value" of a covered " auto" of the private passenger type used in the conduct of the "insured' s" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such " diminution in value" is the lesser of:
a. 20 percent of the actual cash value of the " auto" as of the time of the " loss"; or b. $ 7, 500.

7. Communications Equipment
The following is added to Paragraph B. Exclusions of Section III — Physical Damage Coverage:

Exclusions 4.c. and 4. d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered " auto" and designed for use as a:
a. Citizen' s band radio;
b. Two- way mobile radio or telephone;
VCA 20106 18 Includes copyrighted material of Insurance Sendces Office, Inc., with its permission. Page 4 of 5 Copyright 2018,
c. Scanning monitor receiver; or
d. GPS navigation system.

No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $ 5, 000 for any one " loss".

8. Deductible Waived For Glass Repair
The following is added to Paragraph D. Deductible of Section III — Physical Damage Coverage:

No Deductible applies if glass that is damaged is repaired rather than replaced.

D. Section IV — Business Auto Conditions

1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions:

The requirements that you must notify us of an " accident", claim, " suit" or "loss", or send us documents concerning a claim or "suit", apply only if the " accident", claim, " suit" or "loss" is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) An " executive officer" or insurance or risk manager, if you are a corporation; or 4) A manager, if you are a limited liability company.

The requirement that you must notify us as soon as practicable of an " accident", claim, " suit" or "loss" does not apply if you report the " accident", claim, " suit" or " loss" to your workers' compensation insurer and the " accident", claim, " suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an " accident", claim, " suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions.

2. Waiver of Subrogation When Required by Written Contractor Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV — Business Auto Conditions:

We will waive any right of recovery against any person or organization because of payments we make for " bodily injury" or " property damage" arising out of the ownership, maintenance or use of a covered auto" when you have assumed liability for such " bodily injury" or " property damage" under an " insured contract", but only if the " insured contract" is executed before the " accident" or " loss" occurs.

E. Section V — Definitions

1. Bodily Injury — Includes Mental Anguish
The following is added to Paragraph C. of Section V — Definitions:

Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.

2. Executive Officer
The following is added to Section V — Definitions:

Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.

VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2018,
POLICY NUMBER: MKLV5PBC000525 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the " products - completed
operations hazard".

CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 17

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named Insured' s last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

6. If notice is mailed, proof of mailing will be sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy' s terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;

INTERLINE
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes insurance inspections, surveys, reports or recommendations.

4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators.

E. Premiums
The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 710032216- 0007
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA CHANGES - CANCELLATION

AND NONRENEWAL
This endorsement modifies insurance provided under the following

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following:

2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least:
a. 10 days before the effective date of Cancellation if we cancel for:
1) Nonpayment of premium; or
2) Discovery of fraud by:
a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason.

3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following:
1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks.
2) Discovery of fraud or material misrepresentation by
a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. 3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against.
4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against.
5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. 6) A determination by the Commissioner of Insurance that the:
a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or
b) Continuation of the policy coverage would:
i) Place us in violation of California law or the laws of the state where we are domiciled; or VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 Copyright 2011, OneBeacon Insurance Group LLC

E - INSURED
ii) Threaten our solvency.
7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy.
b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least:
1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud. or
2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3. a.

5. If this policy is cancelled, we will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy.

The cancellation will be effective even if we have not made or offered a refund B. The following provision is added to the Cancellation Common Policy Condition:

7. Residential Property
This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under the following:

Commercial Property Coverage Part
a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has:
1) Accepted an offer of earthquake coverage; or
2) Cancelled or did not renew a policy issued by the California Earthquake Authority ( CEA) that included an earthquake policy premium surcharge.

However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises_ This restriction ( c.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions:

Commercial Property Coverage Part
C. The following is added and supersedes any provisions to the contrary:

Nonrenewal

1. Subject to the provisions of Paragraphs C. 2. and C. 3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date.

We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy.

2. Residential Property
This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under the following:

Commercial Property Coverage Part
a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage.

Page 2 of 3 ends

Copyright 2011, OneBeacon Insurance Group LLC
However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins, Code Section 10089. 16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies:
1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law;
2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or
3) We have:
a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or
b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and
the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position.
c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge.
d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction ( d.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions:

Commercial Property Coverage Part

3. We are not required to send notice of nonrenewal in the following situations:
a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group.
b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C. 1.
c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that it will not be renewed.
e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period.
f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C. 1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%.

VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 3 Copyright 2011, OneBeacon Insurance Group LLC
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 ( Ed 1- 07)

CALIFORNIA CANCELLATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

The cancellation condition in Part Six ( Conditions) of the policy is replaced by these conditions:

Cancellation:

You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect.

We may cancel this Policy for one or more of the following reasons:
a. Non- payment of premium;
b. Failure to report payroll;
C. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us;
e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss;
k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation;
I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties.

3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items ( g) through ( 1), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided.

4. The policy period will end on the day and hour stated in the cancellation notice.

5. If you cancel this policy or if we cancel due to ran -payment of premium. First, the premium computed in accordance with Section 1, Rule 2, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. ( When the Policy was written for a one-year period, the extended number of days will equal the number of days the policy remained in force). Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full policy premium times the short rate percentage. The Short Rate Table below will be used in computing the Short Rate Premium. In no event will the final earned premium be less than the policy minimum premium.

WC 99 06 07 Page 1 of 2
Ed 1- 07)
Agenda Item H

AGENDA STAFF REPORT
DATE: October 13, 2025
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Joe Bailey, Marine Safety Chief
SUBJECT: Revised Pay Scale for Marine Safety Part-Time Lifeguard Employees
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7702:

1. Amending the Pay for Part-Time Marine Safety City Employees; and,

2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and,

3. Removing the Swim Instructor and Assistant Pool Manager classifications; and,

4. Approving Budget Adjustment #26-04-01.

BACKGROUND AND ANALYSIS:

The mission of the City of Seal Beach Marine Safety Department is to provide high-quality safety services in the coastal and aquatic environment through prevention, education, rescue, medical aid, outreach, beach management, and enforcement.

Although the City hires and employs lifeguards year around, most are hired seasonally, typically working from Memorial Day through Labor Day, with extensions based on weather and beach attendance. They protect 1.75 miles of beach, staffed from eight (8) lifeguard towers, four (4) response units, one (1) rescue boat, and two (2) rescue watercraft. The Department also manages the McGaugh Swimming Pool, providing year-round lifeguarding, programs, and youth swim instruction.

Seasonal staffing consists of approximately 75 lifeguards that provide critical safety services along the City’s coastline and McGaugh Swimming Pool. These

Page 2 ends

lifeguards also serve as Junior Lifeguard Instructors, teaching ocean swimming and water safety to over 350 youth aged 9–17 in the annual Junior Lifeguard Program.
2024 – 2025 Statistics:
• 338 Water Rescues
• 2,369 Preventative Actions
• 730 Minor Medical Aids
• 48 Major Medical Aids
• 27 Missing Persons Calls
• 4,740 City Ordinance Violations (e.g., dogs, alcohol, digging) • 233 Vessel Calls
• Over 249,000 Public Contacts
• 350 Junior Lifeguards in the 2025 Program
• 576 Swim Lessons provided Summer of 2025
The Seal Beach Marine Safety Department recruits each season for a staff of 65- 80 part-time seasonal lifeguards. This includes 45–50 Ocean Lifeguards and 25- 30 Pool Lifeguards/Swim Instructors. Ocean Lifeguard candidates must complete a 112 hour Ocean Lifeguard Academy before becoming hired as a Lifeguard I. The Seal Beach Marine Safety Department is certified by the United States Lifesaving Association (USLA) at the highest level for training standards and practices and is recognized as an advanced agency. Pool lifeguards must complete the American Red Cross Pool Lifeguard Certification and specific departmental onboarding.

To remain competitive and attract the most qualified candidates for these critical safety positions, staff recommends adjusting the Marine Safety part-time pay scale. A survey of surrounding agencies shows that these departments offer similar programs, job requirements, and direct competition for candidates. Seal Beach remains the lowest comparator agency of the study. The current pay rates for these positions are no longer competitive, and the number of applicants has been in steady decline. In 2022, Council approved a five percent increase for certain Marine Safety part-time positions, which amounted to an increase of $0.91 for Lifeguard I Step I. Prior to that, there had been no adjustments since 2018. It is imperative that the City remain competitive, particularly in the Lifeguard I classification which serves as the cornerstone of the part-time Marine Safety pay schedule. All other part-time Marine Safety classifications align to this position.

Attracting qualified candidates for these critical lifesaving positions is of paramount importance, as these individuals often have multiple employment opportunities at nearby beaches, public pools, and private aquatics programs. Updating the City’s pay structure is essential for recruitment and retention.

The proposed pay adjustments for Marine Safety classifications were developed by using Lifeguard I as the benchmark classification and building the remaining positions proportionally from that base. Over time, these classifications have fallen significantly behind comparable agencies, creating challenges in recruiting and retaining qualified staff for critical emergency safety functions. The proposed

Page 3 ends

adjustments represent a structural realignment to bring the classifications closer to competitive levels. The changes are intended to correct long-standing inequities and ensure the City can maintain adequate staffing for vital marine safety and emergency response services.

In addition, the Swim Instructor and Assistant Pool Manager classifications will be removed.

Staff recommends that the City Council adopt Resolution 7702 amending the pay schedule for part-time Marine Safety employees with a revised combined part-time pay schedule for the Beach Lifeguard Trainee, Pool Lifeguard, Aquatics Coordinator, Lifeguard I, Lifeguard II, and Ocean Lifeguard Specialist classifications. All special pay has been removed from the pay schedule through rescinding Resolution 5856, including 5% EMT bonus and 5% Junior Lifeguard instructor bonus. The proposed pay scale, effective October 26, 2025, is provided as Attachment B.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

The proposed pay adjustment is anticipated to result in a total estimated cost of $219,290.30. This amount is a budgeted estimate and represents the fully burdened cost. The necessary budget adjustment #26-04-01 will be appropriated from the General Fund and will be included in future budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 4 ends

RECOMMENDATION:

That the City Council adopt Resolution 7702:

1. Amending the Pay for Certain Part-Time Marine Safety City Employees; and,

2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and,

3. Removing the Swim Instructor and Assistant Pool Manager classifications; and,

4. Approving Budget Adjustment #26-04-01.

SUBMITTED BY: NOTED AND APPROVED:

Joe Bailey Patrick Gallegos
Joe Bailey, Marine Safety Chief Patrick Gallegos, City Manager ATTACHMENTS:

A. Resolution 7702
B. Part Time Pay Schedule Red Line
RESOLUTION 7702

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING

THE PART-TIME EMPLOYEEES PAY SCHEDULE AND
APPROVING BUDGET ADJUSTMENT 26-03-01
WHEREAS, the City of Seal Beach (“City”) affirms the dignity, worth, and value of the services rendered by its employees, including Marine Safety employees; and, WHEREAS, the City last amended the pay grades for part-time Marine Safety employees in 2022; and,
WHEREAS, the City Council desires to increase the compensation for part-time Marine Safety employees in order to remain competitive with neighboring coastal communities and to recognize the significant contribution they make to the Seal Beach community.

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

Section 1. The City Council hereby adopts the amended pay schedule for part-time employees as shown in the chart set forth as Exhibit B in the staff report accompanying this Resolution.

Section 2. The City Council hereby approves such pay grades for part-time Marine Safety employees effective October 26, 2025.

Section 3. The City Council hereby directs the City Manager to take all actions necessary to implement the pay grades authorized by this Resolution, including updating applicable schedules, job postings, and job classifications. This action supersedes and rescinds all other Marine Safety part-time pay resolutions, including Resolution 5856.

Section 4. The City Council hereby approves Budget Adjustment 26-03-01 in order to cover the current fiscal year cost of such compensation increases.

Section 5. The City Council hereby removes the Swim Instructor and Assistant Pool Manager classifications.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 13th day of October 2025 by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria Harper, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution 7702 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 13th day of October 2025.

Gloria D. Harper, City Clerk
City of Seal Beach
Part-Time Employees Pay Structure
12/9/2024 10/26/2025
Resolution: 7588 7702
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $15.00 $15.75 $16.54 $17.36 $18.23
Maintenance Aide
Recreation Facility Leader
Beach Lifeguard Trainee
11 (Beach) Lifeguard Trainee $16.90 $17.75 $18.63 $19.56 $20.54 3 4 Police Aide $15.00 $15.75 $16.54 $17.36 $18.23
5 6 Senior Recreation Facility Leader $15.00 $15.75 $16.54 $17.36 $18.23 7 Intern $15.00 $15.75 $16.54 $17.36 $18.23
8 9 Recreation Specialist $15.00 $15.75 $16.54 $17.36 $18.23 10 Recreation Coordinator $15.70 $16.49 $17.31 $18.17 $19.08 11 Pool Lifeguard $15.75 $16.54 $17.36 $18.23 $19.14
13 Pool Lifeguard $18.77 $19.71 $20.69 $21.73 $22.82
Swim Instructor
Delete classification
Assistant Pool Manager
Delete classification
Pool Manager
Delete classification
12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 12A Aquatics Coordinator $18.18 $19.08 $20.04 $21.04 $22.09 19 Aquatics Coordinator $23.79 $24.98 $26.23 $27.54 $28.92 13 Lifeguard I $19.08 $20.03 $21.03 $22.09 $23.19
19 Lifeguard I $23.79 $24.98 $26.23 $27.54 $28.92
14 15
16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 Lifeguard II
21 Lifeguard II $26.23 $27.54 $28.92 $30.36 $31.88
17 Mechanic $22.09 $23.19 $24.35 $25.57 $26.85
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 Ocean Lifeguard Specialist $23.19 $24.35 $25.57 $26.85 $28.19 23 Ocean Lifeguard Specialist $28.92 $30.36 $31.88 $33.47 $35.15 19 20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 22 Seal Beach Marine Safety
Revised Pay Scale for Part Time Lifeguard Employees
Statistics
• Protect 1.75 miles of beach, 365 days a year
• 2024 - 2025
• 338 Water Rescues
• 2,369 Preventative Actions
• 730 Medical Aids
• 48 Major Medical Aids
• 4,740 City Ordinance Violations (e.g.,
dogs, alcohol, digging)
• 233 Vessel Response Calls
• 350 Junior Lifeguards
• 576 Swim Lessons provided 2025 Summer
• 249,000 Public Contacts
Current Marine Safety Classifications
• Pool Lifeguards
• Pool Lifeguard
• Swim Instructor
• Assistant Pool Manager (unused)
• Pool Manager (unused)
• Aquatics Coordinator
• Beach Lifeguards
• Lifeguard Trainee
• Lifeguard I
• Lifeguard II
• Ocean Lifeguard Specialists
• 5% EMT Bonus
• 5% Junior Lifeguard Bonus
Recommended
Marine Safety
Part- Time
Classifications
Aquatics
• Pool Lifeguard
• Aquatics Coordinator
Beach/Ocean
• Lifeguard Trainee
• Lifeguard I
• Lifeguard II
• Ocean Lifeguard
Specialist
Questions……
City of Seal Beach
Part-Time Employees Pay Structure
10/26/2025
Resolution:

Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5 1 2 Crossing Guard $15.00 $15.75 $16.54 $17.36 $18.23
Maintenance Aide
Recreation Facility Leader
Beach Lifeguard Trainee
11 Beach Lifeguard Trainee $16.90 $17.75 $18.63 $19.56 $20.54 3 4 Police Aide $15.00 $15.75 $16.54 $17.36 $18.23
5 6 Senior Recreation Facility Leader $15.00 $15.75 $16.54 $17.36 $18.23 7 Intern $15.00 $15.75 $16.54 $17.36 $18.23
8 9 Recreation Specialist $15.00 $15.75 $16.54 $17.36 $18.23 10 Recreation Coordinator $15.70 $16.49 $17.31 $18.17 $19.08 11 Pool Lifeguard $15.75 $16.54 $17.36 $18.23 $19.14
13 Pool Lifeguard $18.77 $19.71 $20.69 $21.73 $22.82
Swim Instructor
Delete classification
Assistant Pool Manager
Delete classification
Pool Manager
Delete classification
12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 12A Aquatics Coordinator $18.18 $19.08 $20.04 $21.04 $22.09 19 Aquatics Coordinator $23.79 $24.98 $26.23 $27.54 $28.92 13 Lifeguard I $19.08 $20.03 $21.03 $22.09 $23.19
19 Lifeguard I $23.79 $24.98 $26.23 $27.54 $28.92
14 15
16 Equipment Operator $21.04 $22.09 $23.20 $24.36 $25.57 Lifeguard II
21 Lifeguard II $26.23 $27.54 $28.92 $30.36 $31.88
17 Mechanic $22.09 $23.19 $24.35 $25.57 $26.85
17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 18 Ocean Lifeguard Specialist $23.19 $24.35 $25.57 $26.85 $28.19 23 Ocean Lifeguard Specialist $28.92 $30.36 $31.88 $33.47 $35.15 19 20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08 22

Seal Beach City CouncilSeptember 22, 2025

Seal Beach City Council
September 22, 2025