Seal Beach City Council
February 23, 2026

After comprehensive research efforts were completed and presented to the Working Group in January 2024, follow up action items were established and allocated to various Working Group members. One of the initial actions included the development of high-level cost estimates to implement a long-term mitigation strategy over various phases and to identify near term and future funding sources.

The preliminary identified phases included a Feasibility / Alternative Recommendations Study (Feasibility Study), Final Design, and Implementation to complete the San Gabriel River Trash Mitigation Initiative (Initiative).

On January 12, 2026, the City Council adopted Resolution 7724 approving a Memorandum of Understanding (MOU) with the County of Los Angeles and The Ocean Cleanup to create a framework for future partnership activities. The MOU provides for collaborative design, implementation and funding of a trash mitigation device identified through the completed Feasibility Study. Advancement to the implementation phase will require continued stakeholder engagement, interagency coordination, permitting support, engineering design, construction, and long-term operations and maintenance.

Through a prior contribution of $525,000 from the County of Orange, the City Council adopted Resolution 7501 approving a Professional Services Agreement (Agreement) with Silsby Strategic Advisors, Inc., (Silsby) in a not-to-exceed amount of $144,000 to provide strategic support services during the Feasibility phase. Given Silsby’s familiarity with the Initiative, Working Group members, and key stakeholders, staff recommends entering into Amendment 1 to the Agreement to support the next phase of work.

Silsby has submitted a supplemental proposal to provide implementation-phase services. Amendment 1 would increase the contract amount by $65,000, for a revised not-to-exceed total of $209,000, and extend the agreement term through June 30, 2027.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of Amendment 1 to the Agreement with Silsby will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Costs associated with this Amendment 1 will be expensed from the San Gabriel River Trash Mitigation Initiative account, CIP SD2501. Any unspent funds will be returned to the original funding source.

Description Amount
Professional Services Agreement $ 144,000*
Amendment 1 $ 65,000
Total $ 209,000
*Funded by County of Orange
STRATEGIC PLAN:

This item is not applicable to the current Strategic Plan. However, trash collection issues linked to the San Gabriel River was discussed as a Proposed Strategic Priority in April 2023. Additionally, the benefits to the City from significant resources expended by The Ocean Cleanup and LA County though this MOU could be linked to Strategic Priority 10. – Explore alternative revenue sources.

RECOMMENDATION:

That the City Council adopt Resolution 7738:

1. Approving Amendment 1 to the Professional Services Agreement with Silsby Strategic Advisors, Inc. for additional San Gabriel River Trash Mitigation Initiative strategic support services, increasing compensation for such additional services by $65,000 for a revised total not-to-exceed amount of $209,000, and extending the Agreement term to June 30, 2027; and,

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

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager ATTACHMENTS:

A. Resolution 7738
B. Amendment 1 to the Silsby Strategic Advisors, Inc., Agreement C. Professional Services Agreement with Silsby Strategic Advisors, Inc.

RESOLUTION 7738

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 1 TO

THE PROFESSIONAL SERVICES AGREEMENT WITH
SILSBY STRATEGIC ADVISORS, INC. FOR THE SAN

GABRIEL RIVER TRASH MITIGATION INITIATIVE (CIP
SD2501)
WHEREAS, representatives of the State of California Assembly, County of Orange (Orange County), County of Los Angeles (LA County), Cities of Long Beach and Seal Beach (Agencies), and other regional entities endeavor to enhance cooperative efforts, support technical feasibility, design, and implementation activities, and identify funding for the San Gabriel River Trash Mitigation Initiative, CIP SD2501 (Initiative); and,
WHEREAS, the Initiative includes program management, project oversight, key stakeholder engagement, a feasibility / alternative recommendations study phase (Feasibility Study), design phase, implementation phase, and operational beach clean-up efforts for the public beach owned and maintained by the City of Seal Beach (City); and,
WHEREAS, Orange County has transferred funding in the amount of $525,000 to the City for executing associated Initiative efforts including program management, project oversight, key stakeholder engagement, Feasibility Study phase, and operational beach clean-up efforts for the public beach owned and maintained by the City; and has collaborated in good faith in the delivery of these outlined responsibilities; and,
WHEREAS, on March 25, 2024, the City Council adopted Resolution 7501 approving a Professional Services Agreement (Agreement) with Silsby Strategic Advisors, Inc., (Silsby) in a not-to-exceed amount of $144,000 to provide strategic support services through the Feasibility Study phase; and, WHEREAS, on January 12, 2026, the City Council adopted Resolution 7724 approving a Memorandum of Understanding with The Ocean Cleanup and LA County to implement a trash mitigation device, or devices, identified in the Feasibility Study; and,
WHEREAS, the City desires to amend the Agreement to continue on-going coordination and facilitation efforts necessary to implement the Feasibility Study findings.

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

Section 1. The City Council hereby approves Amendment 1 to the Professional Services Agreement with Silsby Strategic Advisors, Inc., modifying the scope of services to provide additional support services during the Feasibility Study implementation phase, increasing the compensation for such additional services by $65,000 for a revised total not-to-exceed amount of $209,000, and extending the Agreement term through and including June 30, 2027.

Section 2. The City Council hereby directs the City Manager to execute Amendment 1 on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of February 2026 by the following vote:

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

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7738 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of February 2026.

Gloria D. Harper, City Clerk
1 AMENDMENT 1

PROFESSIONAL SERVICES AGREEMENT
for
San Gabriel River Trash Mitigation Initiative –
Strategic Support Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Silsby Strategic Advisors, Inc.
1515 Dorothy Lane
Newport Beach, CA 90740
(949) 734-0534
This Amendment 1, dated February 23, 2026, amends that certain Professional Services Agreement (“Agreement”) dated March 25, 2024, by and between the City of Seal Beach (“City”), a California charter city and Silsby Strategic Advisors, Inc. (“Consultant”), a California corporation.
2 RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional strategic support services to City.

B. Effective March 25, 2024, City and Consultant entered into an agreement for Consultant to provide professional services for a Term ending December 31, 2025, for the total compensation of $144,000.

C. City and Consultant wish to amend the Agreement by this Amendment 1 to modify the scope of services, to extend the Term through June 30, 2027, and to increase the compensation by $65,000 for a cumulative not-to-exceed compensation of $209,000, on the terms and conditions provided herein.

AMENDMENT 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is amended in its entirety to read as follows:
“1.1. Consultant’s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the Consultant’s accepted Proposal (“Proposal”), attached hereto as Exhibit A (including Proposal and Scope of Work, Proposed Compensation, Supporting Qualifications, and Subconsultant Proposal from Aztec Engineering, Inc. dated January 8, 2024); and Agreement between the County of Orange and the City of Seal Beach for District Discretionary Funding dated March 25, 2024 (“County Agreement”), attached hereto as Exhibit B, and Consultant’s supplemental proposal (“Supplemental Proposal”) dated January 13, 2026, attached hereto as Exhibit A-1, and incorporated herein by this reference, all to the City’s reasonable satisfaction. The Services relate to the following City project: San Gabriel River Trash Mitigation Initiative (“Project”). “
Section 2. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows:
“ 2.1. Term. The term of this Agreement shall commence on March 25, 2024, and shall remain in full force and effect until June 30, 2027, unless sooner terminated as provided in Section 5.0 of this Agreement.” 3 Section 3. Section 3.0 (Consultant’s Compensation) of this Agreement is hereby amended in its entirety to read as follows:
“3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services and Exhibit A-1 for Additional Services, but in no event will the City pay more than the total not-to-exceed amount of $209,000 (Two Hundred Nine Thousand dollars and 00/100) for the Services (Exhibit A) and Additional Services (Exhibit A-1) for the Term.

3.2. Consultant will not be compensated for work performed not authorized by City and specified in Section 1.0, Scope of Services, unless the City authorizes such work in advance and in writing. The City Manager, or designee, may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager, or designee, pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A and Exhibit A-1.” Section 4. All references to the term Agreement throughout Sections 1.0 through 37.0, inclusive, of the Agreement are hereby modified to include the Agreement dated March 25, 2024, and this Amendment 1, as if all of those terms are fully set forth therein.

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

Section 6. The persons executing this Amendment 1 on behalf of Consultant warrants that he or she is each duly authorized to execute this Amendment 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment 1.
[SIGNATURES ON FOLLOWING PAGE]
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment 1 to be executed and attested by their proper officers thereunto:

CITY OF SEAL BEACH
By:

Patrick Gallegos, City Manager
Attest:

By:

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

By:

Nicholas Ghirelli, City Attorney
CONSULTANT: Silsby Strategic
Advisors, Inc., a California corporation
By:

Shane L. Silsby
President
By:

Shane L. Silsby
Secretary
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
5 EXHIBIT A-1

SUPPLEMENTAL PROPOSAL
(Additional Services for the San Gabriel River Trash Mitigation Initiative – Strategic Support Services, dated January 13, 2026)
January 13, 2026
Iris Lee
Director of Public Works
City of Seal Beach – Public Works Department
211 Eighth Street
Seal Beach, CA 90740
Submitted via email: [email protected]
Subject: Strategic Support Services Proposal for 2026 SGR Trash Mitigation Initiative

Dear Ms. Lee:

Silsby Strategic Advisors, Inc. is submitting this proposal to provide strategic support services to assist the City of Seal Beach (City) with the San Gabriel River Trash Mitigation Initiative activities during calendar year 2026. A detailed summary describing the background and anticipated scope of work are summarized in Exhibit “A,” the associated proposed compensation is outlined in Exhibit “B,” and supporting qualifications have been provided in Exhibit “C.”
I appreciate this opportunity to provide services to the City in support of this important strategic initiative.

If you would like to discuss this proposal or need any additional information for your review, please do not hesitate to contact me at 949-734-0534 or at [email protected].

Respectfully submitted,
Silsby Strategic Advisors, Inc.

Shane L. Silsby
CEO and Founder

EXHIBIT “A”
Strategic Support Services Proposal for 2026 SGR Trash Mitigation Initiative

BACKGROUND
The City of Seal Beach (City) is interested in utilizing services to supplement internal resources at a time when the City is focused continuing efforts related to the San Gabriel River Trash Mitigation Initiative (SGR Initiative). The SGR Initiative is a landmark regional effort that brings together cities, counties, state legislators, environmental advocates, scientists, and global innovators to tackle one of the most persistent environmental challenges affecting Seal Beach and its coastline. Through strategic planning, collaborative funding, and cutting-edge technology, the City is helping to chart a path toward a cleaner river, a cleaner ocean, and a healthier community.

Now, the City desires to action the ongoing coordination and facilitation efforts necessary to implement the findings from the SGR Initiative - Feasibility Study. The scope and scale of this initiative create a strain on the City’s capacity and can negatively impact daily service efforts if supplemental resources are not leveraged. Additionally, the City has a number of strategic initiatives that require specialized, timeintensive efforts in concert with coordination between various other external agencies at the local, county, state, and potentially federal levels. The following background provides greater detail on the needs and goals of external services, including categories of support for this proposal.

Growing Need for External Advisory Services
The reasons for increased use of third-party owner’s representatives (or owner’s advisors) are generally driven by a combination of the growing technical complexities and economic risks associated with modern infrastructure projects, the evolution of new and more complex project delivery methods, unique funding opportunities, the need for political awareness at multiple levels of government, and increased specialization of industry professionals who have historically served the role of owner’s representative.

Thus, both private owners and public-sector awarding authorities are retaining third-party advisors to supplement their internal management and administrative capabilities and address capacity gaps in monitoring services rendered by design professionals, land developers, and construction contractors.

Broad Range of Skills and Services
Given that internal public agency teams have a host of work issues and competing priorities within their areas of responsibility, engaging the services of an owner’s representative and other external resources off-loads significant pressures – especially for highly visible, politically charged projects, and / or fiscally constrained initiatives. External representatives filling this role need to be well versed in key fundamentals of architectural design, engineering, construction and construction field management, economic evaluations, project scheduling, public agency budget development, value engineering, public procurement practices, and dispute resolution. Acknowledging the heightened level of community interest and engagement, excellent communication and facilitation skills are also paramount.

PROPOSED SCOPE OF WORK
Silsby Strategic Advisors, Inc. (or “Silsby Strategic Advisors”) will provide “External Support Services” to assist the City with oversight and actions associated with the San Gabriel River Trash Mitigation Initiative (hereafter, the “SGR Initiative”) and will focus on several strategic elements that require specialized, time-

intensive efforts in concert with coordination between various other agencies. Calendar year 2026 efforts for the SGR Initiative are anticipated to include propagation of the Feasibility Study to implementation of a future project. The Scope of Work associated with assisting the City in this high-level strategic initiative includes:

Meetings, Research, and Initial Coordination
The External Support Services will include meetings with the City to clarify alignment on the primary direction of focus to best position the City for success. These efforts will also include productively identifying and resolving known liabilities and facilitating enhanced coordination with key stakeholders.

Stakeholder meetings with the targeted agencies or departments are presumed to be at the level of key decision-maker and / or applicable technical staff to complete and verify research for the proposed funding categories.

The External Support Services will also include regular communication with the City to course correct throughout the initiative, as necessary, based upon new direction from the City and/or requested adjustments by key stakeholders. Deliverables for this portion of the scope of work will generally include information / materials for utilization in presentations for the City to use with key stakeholders or follow up actions from meetings with team members and stakeholders.

Enhanced External Coordination and Reporting
As needed, Silsby Strategic Advisors will contact any other supporting consultant(s) hired by the City, or other agencies having jurisdiction, to establish professional working terms, as well as providing flowthrough information or reports as requested by the City.

Primary Tasks for this Initiative
Silsby Strategic Advisors will be the Prime Consultant and proposes to have a primary focus on the following elements:

1. Feasibility Study close-out and dissemination of report findings. This may include presentations to key stakeholders and continued coordination with The Ocean Cleanup or other potential funding agencies. The SGR Working Group is also expected to receive a report out / briefing.

2. Coordination of selection efforts for future project(s). Liaison with The Ocean Cleanup and agencies having jurisdiction. As needed, continue efforts with the State of California to finalize land ownership clarity with the State Lands Commission and to work with various Legislative Offices to advocate for final design and capital construction funding for the project Implementation Phase.

3. Stakeholder engagement and permitting support for the future project(s). More specifically, these stakeholders are expected to include State Assemblymember (ASM) Dixon’s Office, State ASM Lowenthal’s Office, County of Orange, County of Los Angeles, City of Long Beach, City of Seal Beach, Surfrider Foundation, and potentially various cities or committees / management groups in the applicable watershed areas of the San Gabriel River (SGR). This Task also includes support for the ongoing Working Group meetings.

4. Input and City representation during the Design Phase of a selected project. Including coordination with the ultimate agency or agencies having jurisdiction for the SGR outlet and key operations and maintenance personnel to gather input on final design elements and provide recommendations on future associated maintenance activities.

5. Selected project implementation phase support. This includes oversight and reporting of the construction of physical improvements from the Design Phase. May also include, development of local strategies, and coordination with regional entities, to support activities to identify or create possible funding sources for selected project enhancements or additional projects.

Additional Support Services
Silsby Strategic Advisors will provide strategic services including, but not limited to, those outlined above.

However, if the City requests that these services be enhanced in any way by the addition of tasks or the deletion of any specified tasks, all efforts will be made to accommodate those adjustments under mutual agreement.

As requested by the City, Silsby Strategic Advisors stands ready to provide these services during 2026 and beyond to support the SGR Initiative through to the Implementation phase.

TERM OF SERVICES
The proposed term for the described scope of services is to be from contract execution to June 30, 2027, unless all elements are completed earlier. At that time, all parties can reassess the progress and initiative support needs for the remainder of 2027 and beyond.

EXHIBIT “B”
Strategic Support Services Proposal for 2026 SGR Trash Mitigation Initiative

PROPOSED COMPENSATION (FEE)
Silsby Strategic Advisors, Inc. is pleased to provide the following proposed compensation breakdown to support the San Gabriel River Trash Mitigation Initiative. The specific daily activities associated with the scope of work are subject to change based upon the timing of identified funding, the positioning of other organizations, and impacts from stakeholder and community interests. Therefore, services provided under this contract are proposed to be a combination of time and materials and lump sum structures.

For maximum flexibility, a contract totaling a not-to-exceed value of $65,000 is proposed be executed to create a draw down pool for the time and materials and lump sum efforts associated with the Prime Consultant Scope of Work in Exhibit “A” and the Subconsultant Scope of Services referenced in Exhibit “D”. The proposed Prime Consultant services will be performed by Shane Silsby of Silsby Strategic Advisors, and he will be the primary point of contact with the City. The proposed Subconsultant services will be performed by Aztec Engineering Group, Inc. but will be overseen and managed by Shane Silsby.

The breakdown for the compensation to support this proposal is:

Silsby Strategic Advisors, Inc. services
Task 1 – Feasibility Study close-out and dissemination of report findings [Time: 20 hours at $325 / hour] = $ 6,500
Task 2 – Coordination of selection efforts for future project(s) [Time: 32 hours at $325 / hour] = $10,400
Task 3 – Stakeholder engagement and permitting support for the future project(s) [Time: 60 hours at $325 / hour] = $19,500
Task 4 – Input and City representation during the Design Phase of a selected project [Time: 40 hours at $325 / hour] = $13,000
Task 5 – Selected project implementation phase support
[Time: 44 hours at $325 / hour] = $14,300
Other direct reimbursable expenses (as approved) = $ 1,300 Total Proposed Compensation / Fee [Capacity Pool] $ 65,000 NOTE: Any unused hours and / or budget from any Task may be re-allocated to other listed Tasks to facilitate completion of the initiative.

EXHIBIT “C”
Strategic Support Services Proposal for 2026 SGR Trash Mitigation Initiative

PRIME CONSULTANT - QUALIFICATIONS
Throughout his career, Silsby L. Silsby, MsCE, PE, has established a reputation as a transformational leader who is driven by challenge, undeterred by obstacles, and committed to furthering standards of excellence.

His expertise encompasses all aspects of strategic oversight within both the public and private sectors from complex negotiations, to controlling costs and maximizing revenues through effective strategies that harness team strengths and improve enterprise-wide performance. Further, his ability to build consensus among executive teams and stakeholders, to promote transparency, and to influence positive change, has been repeatedly proven. Mr. Silsby is the current CEO and President of Silsby Strategic Advisors, Inc.

Former Private Sector Positions
Senior Vice President – International Engineering Services Firm (West Region). Leadership team member responsible for developing key client relationships and providing client management initiatives.

Responsible for regional strategic initiatives, such as high-level market assessments, enhanced client focus plans, talent acquisition of key positions, improved pursuit elements, and organizational recommendations to increase success rates. Developed strategic initiatives such as Olympic venues and infrastructure attraction and implementation plans. Took on additional responsibilities for oversight of the regional business development activities including direct management of regional practice leaders in transportation, planning, water, and land development. Indirectly coordinated support staff to implement business success strategies across the region while customizing approaches for each sub-geography. West Region Business: ~600 positions in 12 offices across 5 states.

Chief Operating Officer – Global Architectural/Engineering Firm (West Region). Executive responsible for building / refining the organizational capabilities needed to deliver business results and sustain high performance within the business lines. Provided hands-on dynamic leadership to the organization and focused on executing the company’s vision. Acted as a change agent to build on the firm’s impressive track record and make the organization even more effective through operational excellence. Responsible for guiding implementation of projects / services, ensuring client satisfaction, and contributing to growth opportunities. Built organizational capabilities through robust performance management, mentoring and development, effective strategic recruiting, and talent management. West Region Business: ~1,600 positions in 30 offices and FY20 GR of $587 Million / NSR of $396 Million / EBITDA of $36 Million.

Former Public Sector Positions
Director of Public Works - Orange County, California. Executive that created the mission and long-term vision for OC Public Works based on efficient and effective responsiveness to the public and client department needs; oversaw the development of strategic plans and department goals; established policies and determined priorities; adjusted plans to respond to emerging or urgent issues; and directed the allocation of resources to achieve timely outcomes and measurable goals within the County’s budget guidelines. During his tenure at Orange County, Mr. Silsby’s reputation as a professional problem solver with a focus on delivering results earned him the honor of being named 2016 Public Works Leader of the Year by the American City & County magazine. Additionally, he was named the 2017 Top Leader of the Year by the SoCal Chapter of the American Public Works Association.

Deputy Director for the Street Transportation Department - City of Phoenix, AZ. Management responsibility for the planning, coordination, and design plan review for long- and short-term project development; programming of funds for capital improvement projects ($500 million 5-Year program); coordination of federal / state aid procurement – including ARRA 2009 federal stimulus funding; and provision of environmental assessments for all ground disturbing Street Transportation projects.

Responsibilities also included the functions of Floodplain Management, Utility Coordination, Utility Inspection, and Street Lighting. Finally, the transference of the City Engineer functions to the Street Transportation Department in May of 2011 added citywide Procurement Services, Labor Compliance, and Small Business Enterprise management to the division for oversight responsibility.

Major Projects / Downtown Team Leader for the Development Services Department - City of Phoenix, AZ.

During four plus years with the Development Services Department, Mr. Silsby worked on over 1,000 development projects ranging in use and size from a new local restaurant to the $1 billion Cityscape downtown redevelopment project. For two years, he led the Downtown Development Team through review and approval of high-profile projects such as the Arizona State University (ASU) Walter Cronkite School of Journalism / KAET Channel 8 Studios, the ASU Capstone Student Housing Project, the Historic Luhrs Complex rehabilitation, and the PetSmart Headquarters home office expansion.

Division Head / Transportation Engineer for the Transportation & Parking Office - City of Lansing, MI.

Responsibilities included project oversight, regional coordination of transportation projects, providing reports and presentations to the Mayor, City Council members, citizen boards, and the public. Highlights encompassed several major projects including the construction closure of a cross town freeway through the heart of the City, a two-way street conversion study effecting the traffic patterns of several downtown streets, and the Capitol Loop project that reconstructed many of the downtown streets surrounding the State Capitol building and impacting the City’s most recognized business core.

Education & Credentials
Mr. Silsby holds a master’s degree and bachelor’s degree in civil engineering from Michigan State University. He is also a registered Professional Engineer in the states of Arizona and Michigan. Finally, he is a three-term member of the American Public Works Association Government Affairs National Committee and the author of the local government strategy book “Managing for Meteors”.

PROFESSIONAL SERVICES AGREEMENT
for
San Gabriel River Trash Mitigation Initiative —
Strategic Support Services
between
i• *
i
o;

F S EAR B
Qi
e'
4h0UNTy GQ''
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Silsby Strategic Advisors, Inc.
1515 Dorothy Lane
Newport Beach, CA 90740
949) 734- 0534
This Professional Service Agreement (" the Agreement") is made as of March 25, 2024 the " Effective Date"), by and between Silsby Strategic Advisors, Inc. (" Consultant"), a California corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").

RECITALS
A. City desires certain professional strategic support services.

B. Pursuant to its authority under Government Code Section 26227, the County of Orange approved a grant to the City of Seal Beach for the San Gabriel River Trash Mitigation Initiative (" Initiative'), and entered into an agreement with the City for the Grant to assist the City in implementing the Initiative.

C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City solicited a proposal from Consultant for performance of professional services for implementation of the Initiative, and Consultant submitted a proposal dated February 11, 2024 to perform the professional services defined and described in Section 1. 0 of this Agreement.

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

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

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

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant' s Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services ( collectively " Services") set forth in the Consultant' s accepted Proposal dated February 11, 2024 (" Proposal"), attached hereto as Exhibit A ( including Proposal and Scope of Work, Proposed Compensation, Supporting Qualifications, and Subconsultant Proposal from Aztec Engineering, Inc. dated January 8, 2024); and Agreement between the County of Orange and the City of Seal Beach for District Discretionary Funding dated March 25, 2024 (" County Agreement"), attached hereto as Exhibit B, all to City' s reasonable satisfaction.

The Services relate to the following City project: San Gabriel River Trash Mitigation Initiative (" Project").
2 of 22

1. 2. Agreement Documents; Incorporation by Reference; Order of Precedence.

1. 2. 1. The Agreement Documents include this Agreement, and all of the following: (i) the Proposal ( Exhibit A); and ( ii) County Agreement Exhibit B); and ( iii) Terms for Compliance with California Labor Law Requirements ( Exhibit C); all of which are incorporated herein by this reference.

1. 2. 2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: ( i) this Agreement; and then ( ii) Exhibit C ( Terms for Compliance with California Labor Law Requirements); and then ( iii) Exhibit B County Agreement); and then ( iv) Exhibit A ( the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B and C, on the other hand, the Agreement shall control.

1. 3. Standard of Care. 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. 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 generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant' s work by City shall not operate as a release of Consultant from such standard of care and workmanship.

1. 4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant ( i) has investigated and considered the scope and level of services to be performed, ii) has carefully considered how the Services should be performed, and ( iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from City' s Representative.

1. 5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 3 of 22

1. 6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the 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. Original Term. The term of this Agreement shall commence on March 25, 2024, and shall remain in full force and effect until December 31, 2025, unless sooner terminated as provided in Section 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. Original Term. In consideration of Consultant' s performance of the Services described in Section 1. 0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will City pay more than the total not- to- exceed amount of $ 144, 000 One Hundred Forty- Four Thousand dollars and 00/ 100) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1. 6 will be compensated in accordance with the fee schedule set forth in Exhibit A, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

4. 0 Method of Payment
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.

5. 0 Termination

5. 1. Termination by City.

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

5. 1. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal 4 of 22
or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5. 2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5. 3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5. 1, or immediately upon City' s acknowledgment of receipt of Consultant' s notice of termination to City under Subsection 5. 1. Upon termination, City shall be immediately given title to and possession of all Work Product ( as defined in Subsection 11. 1 of this Agreement) and all other documents, writings, and/ or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination.

Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6. 0 Party Representatives

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

6. 2. Shane Silsby is the Consultant' s primary representative for purposes of this Agreement. Shane Silsby 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.
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7. 0 Notices

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

To City: City of Seal Beach
211- 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Silsby Strategic Advisors, inc.
1515 Dorothy Lane
Newport Beach, CA 92660
Attn: Shane Silsby

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

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

9. 0 Independent Contractor

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

9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant' s personnel shall not use any City e- mail 6 of 22
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 ( i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; ( ii) 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 ( iii) as may be necessary to inspect or visit City locations and/ or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9. 3. In addition to all other provisions of this Agreement, 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, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9. 4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s 7 of 22
covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10. 0 PERS Compliance and Indemnification

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

10. 2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City 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 10. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 0 Ownership of Work Product

11. 1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/ or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement collectively " Work Product") shall be considered " works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment 8 of 22
being made in accordance with Subsection 5. 3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant' s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City' s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11. 2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11. 1.

11. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City' s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or ( ii) modify the Work Product and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. Consultant' s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11. 4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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12. 0 Confidentiality

12. 1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/ or other information that may be protected under other applicable laws relating to privacy, confidentiality and/ or privilege. Consultant covenants that all Work Product ( as defined in Subsection 11. 1) and/ or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/ or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City timely notice of such court order or subpoena.

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

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

13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement.
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14. 0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City' s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City' s consent shall be void and without effect, and shall entitle City to terminate this Agreement.

15. 0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product 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. Upon 24 hours' notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement.

Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section 15. 0 shall survive for three ( 3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

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

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

17. 0 Insurance

17. 1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section.
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17. 2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

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

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

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

17. 2. 4. Professional Liability ( or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability ( or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than 1, 000, 000 per claim/ aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a " claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

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

17. 4. Additional Insureds.

17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those 12 of 22
City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

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

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

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

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

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

17. 8. Deductibles and Self- Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or 13 of 22
eliminate such deductibles or self- insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or ( ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17. 9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer' s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor.

17. 10. Enforcement of Agreement Provisions ( Non- Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City' s part to inform Consultant of non- compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

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

17. 12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City' s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
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17. 13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17. 14. Broader Coverage/ Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant.

17. 15. Subcontractor Insurance Requirements/ Pass- Through Clause.

Consultant shall require each of its subconsultants and/ or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City' s request.

17. 16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor' s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

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

18. 1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively " Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not 15 of 22
limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/ or the negligence, recklessness or willful misconduct of Consultant and/ or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/ or their officers, directors, agents, servants or employees ( or any entity or individual for whom Consultant shall bear the legal liability) 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.

18. 2. Other Indemnities.

18. 2. 1. 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, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively Liabilities"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/ or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees ( or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18. 2. 3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.

18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor, subconsultant, or any other person or entity 16 of 22
involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/ or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant' s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees ( or any entity or individual for whom Consultant's subcontractor, subconsultant and/ or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/ or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

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

18. 5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant' s liability, or as a waiver of or limitation on full performance of Consultant' s duties of defense and indemnification, under this Section 18. 0 or under any other provision of this Agreement. Consultant' s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18. 0, and Consultant' s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees.

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

19. 0 Non- Discrimination and Equal Employment Opportunity

19. 1. Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, 17 of 22
sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law.

19. 2. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law.

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

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

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

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

24. 0 Government Code Claim Compliance
In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/ or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit 18 of 22
based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/ or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City.

25. 0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/ or relates to any dispute under this Agreement ( whether contract, tort or both).

26. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

27. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( i) effective unless it is in writing and signed by the Party making the waiver, ( ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( iii) deemed to constitute a continuing waiver unless the writing expressly so states.

28. 0 Prohibited Interests; Conflict of Interest

28. 1 . Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California 19 of 22
Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

28. 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.

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

29. 0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s work or services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants.

30. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any 20 of 22
retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

31. 0 Non- Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

32. 0 Mutual Cooperation

32. 1. City' s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.

32. 2. Consultant' s Cooperation. Consultant agrees to work closely and cooperate fully with City' s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

33. 0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

34. 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.

35. 0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
21 of 22

36. 0 Recitals
City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

37. 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.

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

CITY OF SEAL BEACH CONSULTANT: Silsby Strategic
IIp
Advisors, Inc., a California corporation
it 0 / 410
By: By:

Ingram, City Manage Shane Silsby
President
Attest: By: **
43'
Shane Silsby
Secretary
By:

Gloria D. Ha per, City Clerk Please note, two signatures required for corporations pursuant to California
Corporations Code Section 313 from
Approved as to Form: each of the following categories: ( i) the chairperson of the board, the president
or any vice president, and ( ii) the
By: secretary, any assistant secretary, the
Nicholas Ghirelli, City Attorney chief financial officer or any assistant treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
22 of 22

EXHIBIT A

PROPOSAL
Consultant' s Proposal for San Gabriel River Trash Mitigation — Strategic Support Services,
dated February 11, 2024)
STT. SBY
February 11, 2024
Iris Lee
Director of Public Works
City of Seal Beach— Public Works Department
211 Eighth Street
Seal Beach, CA 90740
Submitted via email: ilee@sealbeachca. gov
Subject: Strategic Support Services Proposal for SGR Trash Initiative Dear Ms. Lee:

Silsby Strategic Advisors, Inc. is submitting this proposal to provide strategic support services to assist the City of Seal Beach ( City) with the San Gabriel River Trash Mitigation Initiative. A detailed summary describing the background and anticipated scope of work are summarized in Exhibit " A," the associated proposed compensation is outlined in Exhibit" B," supporting qualifications have been provided in Exhibit C," and the subconsultant proposal has been referenced in Exhibit" D." I appreciate this opportunity to provide services to the City in support of this important strategic initiative.

If you would like to discuss this proposal or need any additional information for your review, please do not hesitate to contact me at 517- 896- 9460 or at shane@silsby- sa. com.

Respectfully submitted,
Silsby Strategic Advisors, Inc.

L. lj4Ar8'
Shane L. Silsby
CEO and Founder
EXHIBIT" A"
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

BACKGROUND
The City of Seal Beach ( City) is interested in utilizing services to supplement internal resources at a time when the City is tasked with coordinating and facilitating major projects, operational activities, and regional coordination efforts at the same time, while also keeping an eye on future opportunities. The scope and scale of these initiatives, the overlapping timing of expected delivery, creates strains on the City' s capacity and can negatively impact daily service efforts if supplemental resources are not leveraged.

Additionally, the City has a number of strategic initiatives that require specialized, time- intensive efforts in concert with coordination between various other external agencies at the local, county, state, and potentially federal levels. The following background provides greater detail on the needs and goals of external services, including categories of support for this proposal.

Growing Need for External Advisory Services
The reasons for increased use of third- party owner' s representatives ( or owner' s advisors) are generally driven by a combination of the growing technical complexities and economic risks associated with modern infrastructure projects, the evolution of new and more complex project delivery methods, unique funding opportunities, the need for political awareness at multiple levels of government, and increased specialization of design professionals who have historically served the role of owner' s representative.

Additionally, the pandemic has put significant strains on existing public agency staff who are dealing with heavy workloads due to a booming housing market and federal infrastructure dollars, the inability to fill numerous positions due to a talent war, and the unusually high number of employees leaving the public sector workforce. Thus, both private owners and public- sector awarding authorities are retaining thirdparty advisors to supplement their internal management and administrative capabilities and address capacity gaps in monitoring services rendered by design professionals, land developers, and construction contractors.

Broad Range of Skills and Services
Given that internal public agency teams have a host of work issues and competing priorities within their areas of responsibility, engaging the services of an owner' s representative and other external resources off- loads significant pressures— especially for highly visible, politically charged projects, and/ or fiscally constrained initiatives. External representatives filling this role need to be well versed in key fundamentals of architectural design, engineering, construction and construction field management, economic evaluations, project scheduling, public agency budget development, value engineering, public procurement practices, and dispute resolution. Acknowledging the heightened level of community interest and engagement, excellent communication and facilitation skills are also paramount.

PROPOSED SCOPE OF WORK
Silsby Strategic Advisors, Inc. ( or "Silsby Strategic Advisors") will provide " External Support Services" to assist the City with oversight and actions associated with the San Gabriel River Trash Mitigation Initiative hereafter, the " Initiative") and will focus on several strategic elements that require specialized, timeintensive efforts in concert with coordination between various other agencies. The entire initiative is anticipated to include at least three phases— 1. Feasibility/ Alternative Recommendations Study; 2. Final

Design ( based upon recommendations from Phase 1 and includes applicable permitting activities); and 3.

Implementation ( constructing physical improvements from the approved Final Design). The Scope of Work associated with assisting the City in this high- level strategic initiative includes:

Meetings, Research, and Initial Coordination
The External Support Services will include meetings with the City to clarify alignment on the primary direction of focus to best position the City for success. These efforts will also include productively identifying and resolving known liabilities and facilitating enhanced coordination with key stakeholders.

Stakeholder meetings with the targeted agencies or departments are presumed to be at the level of key decision- maker and / or applicable technical staff to complete and verify research for the proposed funding categories.

The External Support Services will also include regular communication with the City to course correct throughout the initiative, as necessary, based upon new direction from the City and/ or requested adjustments by key stakeholders. Deliverables for this portion of the scope of work will generally include information/ materials for utilization in presentations for the City to use with key stakeholders or follow up actions from meetings with team members and stakeholders.

Enhanced External Coordination and Reporting
As needed, Silsby Strategic Advisors will contact any other supporting consultant( s) hired by the City to establish professional working terms, as well as providing flow-through information or reports as requested by the City.

Primary Tasks for this Initiative
Silsby Strategic Advisors will be the Prime Consultant and proposes to have a primary focus on the following elements:

1. Coordination and engagement with key stakeholders. More specifically, these stakeholders are expected to include State Assemblymember ( ASM) Dixon' s Office, State ASM Lowenthal' s Office, County of Orange, County of Los Angeles, City of Long Beach, City of Seal Beach, Surfrider Foundation, and potentially various cities or committees/ management groups in the applicable watershed areas of the San Gabriel River ( SGR). This Task also includes support for the ongoing Working Group meetings.

2. Act as" Program Manager" for the 2024 elements of the Initiative which includes— a. Supporting the City during public procurement processes, including review or development of documents— i. e., Request for Proposals (" RFP"), review and scoring submittals as ex- officio, and assisting with responses during Question- and- Answer periods. b. Providing recommendations on project delivery methods to increase Implementation phase predictability and reduce cost and schedule risks.
c. Facilitating the development, and QA/ QC review, of scope of work documents and exhibits for the Feasibility/ Alternative Recommendations Study phase. d. Oversee subconsultant services to develop and refine the scope of work, associated technical exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility/ Alternatives Study phase. e. Preparing cost estimates and fiscal year targets, as needed, for various phases of the Initiative. f. Provide enhanced liaison services with the County of Orange to present cost and scope information for the County to consider in advance of funding agreements for the initial program phase( s).

g. Continue efforts with the State of California to finalize land ownership clarity with the State Lands Commission and to work with various Legislative Offices to advocate for final design and capital construction funding for the Project Implementation Phase.

3. Act as high- level" Project Manager" for the Feasibility/ Alternative Recommendations Study(" Study") to enhance the City' s oversight, including—
a. Focus on establishing the Study' s requirements and deliverables and then tracking them over the approved delivery schedule.
b. Define and outline all work elements to be included within the Study, such as objectives, tasks, outputs ( i. e., deliverables), and schedules/ deadlines. c. Recommend the most effective and efficient project delivery methods for the implementation phase( i. e., design- build versus low- bid, etc.).
d. Participate in as- needed public outreach ( i. e., Working Group meetings, town halls, City Council updates, etc.) and track expectations and action items of key stakeholders.

4. Coordination with the ultimate agency or agencies having jurisdiction for the SGR outlet and its key operations and maintenance personnel to gather input on final design elements and provide recommendations on future associated maintenance activities.

5. As requested, develop local strategies, and coordination with regional entities, to support initiatives to identify or create possible funding sources beyond those outlined above.

The strategically selected subconsultant, Aztec Engineering Group, Inc., proposes to have a primary focus on the following elements to support Silsby Strategic Advisors with Task# 2 above:

Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending RFP or Direct Selection of a professional engineering firm to provide services to complete the Feasibility/ Alternative Recommendations Study phase.

Provide supporting information to inform budgetary requests and cost estimates, as needed, for various phases of the Initiative. Attend meetings with technical stakeholders, refine supporting documents as necessary, and manage the effective delivery of subconsultant services.

Additional Support Services
Silsby Strategic Advisors will provide strategic services including, but not limited to, those outlined above.

However, if the City requests that these services be enhanced in any way by the addition of tasks or the deletion of any specified tasks, all efforts will be made to accommodate those adjustments under terms of mutual agreement.

As requested by the City via a contract amendment or other vehicle, Silsby Strategic Advisors stands ready to provide high- level Project Management and Stakeholder Engagement activities in 2025 for the Final Design phase and in 2026- 2027 for the Implementation phase.

TERM OF SERVICES
The proposed term for the described scope of services is to be from contract execution to March 31, 2025, unless all elements are completed earlier. At that time, all parties can reassess the progress and initiative support needs for the remainder of 2025 and beyond.

EXHIBIT" B"
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

PROPOSED COMPENSATION ( FEE)
Silsby Strategic Advisors, Inc. is pleased to provide the following proposed compensation breakdown to support the San Gabriel River Trash Mitigation Initiative. The specific daily activities associated with the scope of work are subject to change based upon the timing of identified funding, the positioning of other organizations, and impacts from stakeholder and community interests. Therefore, services provided under this contract are proposed to be a combination of time and materials and lump sum structures.

For maximum flexibility, a contract totaling a not-to- exceed value of$ 144, 000 is proposed be executed to create a draw down pool for the time and materials and lump sum efforts associated with the Prime Consultant Scope of Work in Exhibit " A" and the Subconsultant Scope of Services referenced in Exhibit D". The proposed Prime Consultant services will be performed by Shane Silsby of Silsby Strategic Advisors, and he will be the primary point of contact with the City. The proposed Subconsultant services will be performed by Aztec Engineering Group, Inc. but will be overseen and managed by Shane Silsby.

The breakdown for the compensation to support this proposal is:

Silsby Strategic Advisors, Inc. services
Task 1— Key Stakeholder Coordination [ Time: 30 hours at$ 300/ hour] = 9, 000 Task 2— Program Management for Initiative [ Time: 135 hours at$ 300/ hour] = $ 40, 500 Task 3— Project Management for Study[ Time: 140 hours at$ 300/ hour] = $ 42, 000 Task 4— Coordination with O& M teams [ Time: 4 hours at$ 300/ hour] = 1, 200 Task 5— Funding Strategies [ Time: 4 hours at$ 300/ hour] = 1, 200 Other direct reimbursable expenses ( as approved)= 330
Prime Consultant subtotal $ 94, 230
Aztec Engineering Group, Inc. services
Draft and Final RFP Scope of Work[ Lump Sum— upon completion] 37, 350 Meetings, Coordination and Project Management [ Lump Sum] 12, 420 Subconsultant subtotal 49, 770
Total Proposed Compensation/ Fee [ Capacity Pool] 144, 000

EXHIBIT" C"
Strategic Support Services Proposal for SGR Trash Mitigation Initiative

PRIME CONSULTANT- QUALIFICATIONS
Throughout his career, Silsby L. Silsby, MsCE, PE, has established a reputation as a transformational leader who is driven by challenge, undeterred by obstacles, and committed to furthering standards of excellence.

His expertise encompasses all aspects of strategic oversight within both the public and private sectors from complex negotiations, to controlling costs and maximizing revenues through effective strategies that harness team strengths and improve enterprise- wide performance. Further, his ability to build consensus among executive teams and stakeholders, to promote transparency, and to influence positive change, has been repeatedly proven. Mr. Silsby is the current CEO and President of Silsby Strategic Advisors, Inc.

Former Private Sector Positions
Senior Vice President— International Engineering Services Firm ( West Region). Leadership team member responsible for developing key client relationships and providing client management initiatives.

Responsible for regional strategic initiatives, such as high- level market assessments, enhanced client focus plans, talent acquisition of key positions, improved pursuit elements, and organizational recommendations to increase success rates. Developed strategic initiatives such as Olympic venues and infrastructure attraction and implementation plans. Took on additional responsibilities for oversight of the regional business development activities including direct management of regional practice leaders in transportation, planning, water, and land development. Indirectly coordinated support staff to implement business success strategies across the region while customizing approaches for each sub- geography. West Region Business:^' 600 positions in 12 offices across 5 states.

Chief Operating Officer— Global Architectural/ Engineering Firm ( West Region). Executive responsible for building / refining the organizational capabilities needed to deliver business results and sustain high performance within the business lines. Provided hands- on dynamic leadership to the organization and focused on executing the company' s vision. Acted as a change agent to build on the firm' s impressive track record and make the organization even more effective through operational excellence. Responsible for guiding implementation of projects/ services, ensuring client satisfaction, and contributing to growth opportunities. Built organizational capabilities through robust performance management, mentoring and development, effective strategic recruiting, and talent management. West Region Business: — 1, 600 positions in 30 offices and FY20 GR of$ 587 Million/ NSR of$ 396 Million/ EBITDA of$ 36 Million.

Former Public Sector Positions
Director of Public Works - Orange County, California. Executive that created the mission and long- term vision for OC Public Works based on efficient and effective responsiveness to the public and client department needs; oversaw the development of strategic plans and department goals; established policies and determined priorities; adjusted plans to respond to emerging or urgent issues; and directed the allocation of resources to achieve timely outcomes and measurable goals within the County' s budget guidelines. During his tenure at Orange County, Mr. Silsby' s reputation as a professional problem solver with a focus on delivering results earned him the honor of being named 2016 Public Works Leader of the Year by the American City & County magazine. Additionally, he was named the 2017 Top Leader of the Year by the SoCal Chapter of the American Public Works Association.

Deputy Director for the Street Transportation Department - City of Phoenix, AZ. Management responsibility for the planning, coordination, and design plan review for long- and short-term project development; programming of funds for capital improvement projects ($ 500 million 5- Year program); coordination of federal / state aid procurement — including ARRA 2009 federal stimulus funding; and provision of environmental assessments for all ground disturbing Street Transportation projects.

Responsibilities also included the functions of Floodplain Management, Utility Coordination, Utility Inspection, and Street Lighting. Finally, the transference of the City Engineer functions to the Street Transportation Department in May of 2011 added citywide Procurement Services, Labor Compliance, and Small Business Enterprise management to the division for oversight responsibility.

Major Projects/ Downtown Team Leader for the Development Services Department- City of Phoenix, AZ.

During four plus years with the Development Services Department, Mr. Silsby worked on over 1, 000 development projects ranging in use and size from a new local restaurant to the $ 1 billion Cityscape downtown redevelopment project. For two years, he led the Downtown Development Team through review and approval of high- profile projects such as the Arizona State University ( ASU) Walter Cronkite School of Journalism / KAET Channel 8 Studios, the ASU Capstone Student Housing Project, the Historic Luhrs Complex rehabilitation, and the PetSmart Headquarters home office expansion.

Division Head / Transportation Engineer for the Transportation & Parking Office - City of Lansing, MI.

Responsibilities included project oversight, regional coordination of transportation projects, providing reports and presentations to the Mayor, City Council members, citizen boards, and the public. Highlights encompassed several major projects including the construction closure of a cross town freeway through the heart of the City, a two- way street conversion study effecting the traffic patterns of several downtown streets, and the Capitol Loop project that reconstructed many of the downtown streets surrounding the State Capitol building and impacting the City' s most recognized business core.

Education & Credentials
Mr. Silsby holds a master' s degree and bachelor' s degree in civil engineering from Michigan State University. He is also a registered Professional Engineer in the states of Arizona and Michigan. Finally, he is a two-term member of the American Public Works Association Government Affairs National Committee.

EXHIBIT" D"
Strategic Support Services Proposal for SGR Trash Mitigation Initiative SUBCONSULTANT— OUTLINE OF PROPOSED SCOPE OF SERVICES
Provided by Aztec Engineering Group, Inc. — See attached.

AZTE /•
AZTECEngineering
Park, SuiteGrou1
Inc.

TYPSA Irvine, CA 92614
January 8, 2024
Shane Silsby, CEO& Founder
Silsby Strategic Advisers
Newport Beach, CA
RE: Scope/ Cost Estimate for San Gabriel River Trash Recovery Initiative Silsby Strategic Advisers
Shane:

Per your request, AZTEC is pleased to submit this scope of services and cost estimate to provide scope definition, potential project planning and feasibility cost estimates, and overall support to prepare the San Gabriel River Trash Recovery Initiative Program RFQ. Please refer to the scope and cost estimate attached for reference and added detail.

The total cost estimate is$ 49, 770.

We appreciate the opportunity to work with Silsby Strategic Advisors( SSA) on this important program to improve the quality of life for the residents ofthe City ofSeal Beach. Should you have any questions, please call me at( 714) 315- 2247 or email me at mamling@aztec. us.

Sincerely,
Ism./ 14.a
Michael Amling
Senior Vice President
AZTEC Engineering Group, Inc.
cc: Michael Shirley, AZTEC
Scott McKenzie, AZTEC
Transportation • Rail/ Transit • Environmental/ Landscape • Energy Survey • Subsurface Utility Engineering AZTE
AZTEC
Executive EnginePark, erinSuiteg Grou1p, Inc.

TYPSA Irvine, CA 92614

AZTEC SCOPE OF SERVICES
Silsby Strategic Advisers
San Gabriel River Trash Recovery Initiative

1. Task Understanding
Develop and refine the scope of work, associated exhibits, and deliverables to inform the pending Request for Proposals or Direct Selection of a professional consulting firm to provide services to complete the Feasibility/ Alternatives Study phase and potential Final Design to address trash recovery concerns impacting the San Gabriel River and its outlet to the Pacific Ocean between Alamitos Bay and the beaches of the City of Seal Beach.

2. Assumptions
Up to 4 meetings( SSA, City of Seal Beach, Working Group, Interested Stakeholders) The Development of the RFP Scope, necessary meetings, and overall coordination for this phase will not exceed 6 months.

If SSA determines the need for support during the procurement phase of this RFQ process to review and evaluate respondents' submittals, AZTEC will request a scope and cost amendment.

3. Scope of Work
Draft and Final RFP Scope of Work
Research and work with Stakeholders to further define the overall project, program and objectives as required. Meeting assumptions provided below.

Draft and Final RFP/ Scope of Work elements may include:
o A discussion on criteria/ goals to show intentions of the program( e. g. reduce trash output by 50%, etc.) o Research any existing debris/ trash programs locally, regionally, nationally, or internationally that address similar concerns( e. g. City of LA BOE— LA River Program)
o Requests for reaching out to industry or academia using questionnaires, webinars, or workshops. o Requests to ID point source of debris and possible mitigation ideas at point source locations o Requests to identify other critical issues to be considered including environmental constraints. o Requests to conduct at least the following meetings with stakeholders at the following stages of the projectkick- off, draft alternatives, selection of preferred alternatives, preliminary design, environmental compliance, final design, and construction.
o Instructions to develop a reasonable range of alternatives( a minimum of 3) o Requests to conduct an alternatives evaluation using criteria and goals to screen options in coordination with Stakeholders. Alternative evaluation should include some level of cost/ benefit analysis. o
Identification of potential funding sources( may include local, state, federal or other grant opportunities) o Performing geographic location analyses ( GIS and Point Source Analysis) along the San Gabriel River/ Coyote Creek reaches to determine trash volume/ percentage, and possible sources. This data could then be used to determine possible impacts sourced from upstream locations and geographies.

Meetings, Coordination and Project Management
Meetings for the development of the RFP Scope of Work are anticipated to include a RFP Kick- Off Meeting, a meeting once the Draft RFP Scope is prepared, a meeting to discuss/ refine the Draft RFP Scope( Comment Resolution Meeting), and a final meeting once the Final RFP Scope is prepared.
2 AZ1 TYPSA

LABOR HOURS WORKSHEET
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Prepared For: Silsby Strategic Advisers Work Description: RFP Prep Support Project Name: San Gabriel River Trash Mitigation Initiative Contract/ PO Number: TBD Project Number: TBD AZTEC Project Number: TBD
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RFP Scope of Work
Site Visit, Research- Industry Technology 2 2 2 2 8 $ 2, 460. 00 Develop Draft RFP Scope of Work 2 16 16 8 8 4 8 62 $ 17, 550. 00 Develop Draft RFP Scope Exhibits 4 8 4 16 $ 3, 420. 00
Refine/ Final Draft RFP Scope and Exhibits 2 2 8 8 8 28 $ 8, 040. 00 Develop Estimated Professional Service Costs 2 2 8 8 20 $ 5, 880. 00 Subtotal Hours 8 22 34 24 10 4 4 24 4
134 $ 37,350. 00
Subtotal Cost $ 3, 480. 00 $ 7,590. 00 $ 10, 710. 00 $ 5, 400. 00 $ 1, 350. 00 $ 1, 080. 00 $ 600. 00 $ 6, 480. 00 $ 660. 00 Stakeholder Meetings/ Coordination
RFP Kick- Off Meeting 2 2 4 8 $ 2, 100. 00
Draft RFP Scope and Exhibit Meeting 2 2 4 8 $ 2, 100. 00 Refine/ Comment Resolution Meeting 2 2 4 8 $ 2, 100. 00 Final RFP Scope and Exhibit Meeting 2 2 4 8 $ 2, 100. 00 Coordination/ Management 8 4 12 $ 4, 020. 00
Subtotal Hours 16 8 0 0 20 0 0 0 0
44 $ 12, 420. 00
Subtotal Cost $ 6, 960. 00 $ 2, 760. 00 $ 2, 700. 00 $
Total Labor Hours 24 30 34 _ 14 30 4 4 24 4
178 $ 49,770.00
Total Labor Cost $ 10,440.00 $ 10,350.00 $ 10,710.00 $ 5,400.00 $ 4, 050.00 $ 1, 080.00 $ 600.00 $ 6, 480. 00 $ 660.00 2/ 9/ 2024 @ 7: 30 AM

EXHIBIT B

AGREEMENT BETWEEN THE COUNTY OF ORANGE

AND THE CITY OF SEAL BEACH FOR DISTRICT

DISCRETIONARY FUNDING

AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF

SEAL BEACH FOR DISTRICT DISCRETIONARY FUNDING
This Agreement ( the " Agreement") is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as " County," and the City of Seal Beach, a California municipal corporation, as " Grantee," with the County and Grantee referred to as " Party," or collectively as " Parties."
Recitals
On February 27, 2024, the Board of Supervisors approved the use of First District discretionary funds under Government Code section 26227 for Grantee' s San Gabriel River Trash Mitigation Initiative;
The Board of Supervisors authorized the use of district discretionary funds for programs providing healthcare, housing assistance, workforce development, education, childcare, infrastructure projects and equipment, and meal gap programs; benefit monies to local governments including school districts, and/ or non- profits; programs aiding veterans and residents experiencing or at risk of homelessness; and economic support, including arts- related small businesses and non- profit organizations that support local programs around the County; Grantee is partnering with stakeholders in providing San Gabriel River Trash Mitigation Initiative;
To assist Grantee in its effort to support its San Gabriel River Trash Mitigation Initiative, the Parties have agreed that the County will transfer the Grant Amount described herein to Grantee.

Accordingly, the Parties mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2024, or when all the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier.

2. PAYMENT AND USE OF GRANT AMOUNT.
a. The County will issue a one- time contribution to the Grantee of 525, 000 (" Grant Amount") within 10 business days of the full execution of this Agreement. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
b. All of Grantee' s expenditures of the Grant Amount must be for costs associated with the San Gabriel River Trash Mitigation Initiative' s

feasibility/alternative recommendations study, beach clean-up of trash, and beach raking operations in 2024.
c. Grantee must utilize the Grant Amount in accordance with all applicable Federal, State, and local laws and regulations, including labor, wages, hours, and other conditions of employment. Grantee must comply with new, amended, or revised laws, regulations, and/ or procedures that apply to the performance of this Agreement.
d. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any political activity, or to further the election or defeat of any candidate for public office.

Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided under this Agreement may be used for inherently religious activities such as worship, religious instruction, or proselytization.

3. COMPLIANCE WITH GRANT REQUIREMENTS. The Grant Amount must be used solely for the purposes identified in Paragraph 2 of this Agreement.

Grantee shall immediately return to the County any funds Grantee has used in a manner that is inconsistent with Paragraph 2 of this Agreement. Grantee shall return to the County by July 31, 2026, any funds Grantee has not used by June 30, 2026. The provisions of this paragraph shall survive termination of this Agreement.

4. CERTIFICATION. Grantee hereby certifies that the following statements and responses are true:
a. The Grantee is an organization whose mission includes serving the Orange County community in healthcare, housing assistance, workforce development, education, arts, childcare, infrastructure projects, or meal gap programs.
b. The Grantee will use the Grant Amount for eligible expenses as described in Paragraph 2 above.

5. RECORDS MAINTENANCE. Grantee shall maintain records in their original form in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period offour years after termination ofthis Agreement and after final disposition of all pending matters. " Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within Orange County unless the County authorizes in writing their removal from Orange County.

6. RECORDS INSPECTION. At any time during normal business hours and as often the County may deem necessary, Grantee must make available for examination all its records with respect to all matters covered by this Agreement. The County has the authority to audit, examine and make excerpts or transcripts from records, including all Grantee' s invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Grantee agrees to provide any reports requested by the County regarding performance of this Agreement.

With respect to inspection of Grantee' s records, the County may require that Grantee provide supporting documentation to substantiate Grantee's expenses with respect to the Grantee' s use or expenditure of monies provided by the County to the Grantee under this Agreement.

7. FINAL REPORT. Upon the earlier of Grantee' s use of the entirety of the Grant Amount or June 30, 2026, Grantee shall provide a report to the County that shall identify the expenses paid from the Grant Amount. The Grantee shall provide a certification signed by its Program Director or designee that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2.

Grantee shall maintain supporting documentation for the report consistent with the requirements of Paragraph 5.

8. INDEPENDENT CONTRACTOR. The Grantee shall be considered an independent contractor and neither the Grantee, its employees, nor anyone working under the Grantee shall be considered an agent or an employee of County. Neither the Grantee, its employees, nor anyone working under the Grantee shall qualify for workers' compensation or other fringe benefits of any kind through County.

9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement. Grantee shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to the County upon request.

10. CONFLICT OF INTEREST. The Grantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Grantee, the Grantee' s employees, agents, and subcontractors. The Grantee' s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

11. INDEMNITY. The Grantee shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County' s Board of Supervisors acts as the governing Board harmless from any claims, demands, or liability of any kind or nature, including personal injury or property damage, arising from or related to the Grantee' s receipt or use of the Grant Amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement.

13. TERMINATION. In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Agreement without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Grantee. Exercise by County of its right to terminate the Agreement shall relieve County of all further obligation.

14. NOTICES. All notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Grantee:

Jill R. Ingram, City Manager
iingram@sealbeachca. gov
211 Eighth Street
Seal Beach, CA 90740
562) 431- 2527
County:

Oana Cosma, County Budget & Finance Office
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701- 4062
Oana. Cosma@ocgov. com
714) 834- 7410

15. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non- breaching Party reserves the right to terminate the Agreement.

16. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney' s fees, costs, and expenses.

17. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the parties unless authorized by the Parties in writing.

18. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing.

19. SIGNATURES. Separate copies of this Agreement may be signed by each of the Parties, and this Agreement will have the same force and effect as if the original had been signed by all the Parties. An electronic signature or electronic record of this Agreement or any amendment thereto shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or any amendment thereto.

The Parties have executed this Agreement on the day and year dated below.

BY: DATED:

Jill R. Ingram, City Manager
City of Seal Beach
BY: DATED:

Christine Gardea, Deputy Purchasing Agent
County Procurement Office
County of Orange, California
APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:

Chief Assistant
DATED:

EXHIBIT C

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 elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors 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, agents and servants) 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.

ACR
t DATE( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/ 08/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER

CONTACT
NAME: Jonathan Severson
Bannister E. Associates Insurance Agency PHONE FAX
CA License # 0L78680 AIC. No. Ext): ( 714) 536- 6086
305 17th Street E- MAIL
A/ C, No):( 714) 536- 4054
ADDRESS: j Onathant)thai- ins. Com
Huntington Beach CA 92648- 4209
INSURERS) AFFORDING COVERAGE NAIC•
INSURER A: Sentinel Insurance Company, Ltd 11000
INSURED INSURER B: Underwriters at Lloyds
Silsby Strategic Advisors, Inc.

INSURER C:
1515 Dorothy Lane INSURERD:

Newport Beach CA 92660 INSURERE:
517) 896- 9460 INSURERFCOVERAGES JS CERTIFICATE NUMBER: Cert ID 13988 ( 5) REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

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

INSR ADDL SUBR POUCY EFF 1 POLICY EXP

LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ DO/ YYYY) ( MMIDDIYYYYI UNITS A X
COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 2, 000, 000

DAMAGE TO
CLAIMS- MADE i X I OCCUR Y 72381089121 02/ 14/ 2024 02/ 14/ 2025 REMISES( EaENTED occurrence) S 1, 000, 000 MED EXP( Any one person) S 10, 000
PERSONAL& ADVINJURY 5 2, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4, 000, 000

IPOUCY JECT
X
LOC PRODUCTS- COMP/ OPAGG $ 4, 000, 000
I OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident) 2, 000, 000
A ANY AUTO 72SBMBE9121 02/ 14/ 2024 02/ 14/ 2025 BODILY INJURY( Per person) S OWNED SCHEDULED BODILY INJURY( Per accident) S

AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
X
AUTOS ONLY X__ AUTOS ONLY Per accident)
S

UMBRELLA LIAR OCCUR EACH OCCURRENCE S
EXCESS LIAB CLAIMS-MADE AGGREGATE S _
DED I ! RETENTIONS S
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY Y I N

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT S OFFICER/ MEMBER EXCLUDED", NIA
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ B Professional Liability PSM0139826027 12/ 30/ 2023 12/ 30/ 2024 Limit:
2, 000, 000
Retention ( each $ 2, 500
claim) :

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach is named as additional insured with respects general liability policy limits.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Seal Beach
211 8th Street AUTHORIZED REPRESENTATIVE
Seal Beach CA 90740
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD

WORKERS' COMPENSATION EXEMPTION DECLARATION
for the

CITY OF SEAL BEACH
You are required to complete this form because you have not filed a certificate of workers' compensation insurance with the City of Seal Beach (" City"). California law requires all employers to carry workers' compensation insurance, even if they have only one employee, unless excluded under state law. It is your responsibility to comply with the law. If you do not know whether you are required to carry workers' compensation insurance, find out by contacting the California Department of Industrial Relations (" DIR"). Information is also available on the DIR' s website at http://www.dir.ca. qov. If you are subject to the Workers' Compensation Laws of California, you must promptly file a certificate of Workers' Compensation Insurance with the City.

Alternatively, if you have a certificate of self-insurance from the DIR, you must file that certificate with the City.

DOCUMENT REFERENCE[ insert contract, job number, location, etc.]: Professional Services Agreement for San Gabriel River Trash Mitigation Initiative— Strategic Support Services, dated March 25, 2024 Work to be performed on premises: _ X_ Yes No
Nature of work to be performed: Facilitation of meetings and research/ coordination efforts with City staff.

Business Name: Silsby Strategic Advisors, Inc.

Business Contact Information: Shane Silsby, CEO
name, address, telephone, email) 1515 Dorothy Ln, Newport Beach, CA 92660/ 949- 734-0534/ shane© silsby- sa.com LEGAL FORM: ( check applicable box)
Sole Proprietor Limited Partnership General Partnership X Corporation Business Trust Limited Liability Company
Other:

ACKNOWLEDGEMENT
SLS ( initial) I am the authorized representative of the Business mentioned above. I warrant that the Business has no employees other than the owners, officers, directors, partners, or other principals who have elected to be exempt from workers' compensation coverage under California law. I further warrant that I understand the requirements of Section 3700 et seq. of the California Labor Code concerning providing workers' compensation coverage for any employees of the Business.

SLS ( initial) The Business agrees to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA, and tax withholding, and similar employment issues.

The Business agrees to hold the City of Seal Beach harmless from any loss or liability, which may arise from the Business' s failure to comply with any such laws or regulations.

SLS ( initial) Should the Business or its subcontractors hire employees to perform the work referenced above, the Business or its subcontractor( s) shall obtain workers' compensation insurance and provide proof of the coverage to the City of Seal Beach.

SLS( initial) I understand that this form constitutes a declaration by the Business against its financial interest, relative to any claims it should assert against the City of Seal Beach under the California workers' compensation or labor laws and serves as an addendum to the agreement.

SLS (initial) The Business will defend, indemnify, and hold harmless the City of Seal Beach from all claims and liability, including workers' compensation claims and any liability that may be asserted or established by any party in the event the Business hires an employee in violation of this addendum.

CERTIFICATION
I declare and certify under the penalty of perjury under the laws of the State of California that the foregoing information provided in this Exemption Declaration is true and correct. Executed this 26th day of March 2024, at Newport Beach, California.

Business: Silsby Strategic Advisors, Inc.

By:

Print Name/ Title: Shane L. Silsby, CEO and President
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($ 100, 000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY' S FEES.

Agenda Item F

AGENDA STAFF REPORT
DATE: February 23, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving the Payoff of Orange County Transportation Authority Reimbursement Agreement No. U-2017-151087
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7739 approving the early payoff of the City’s proportionate share under the Orange County Transportation Authority Reimbursement Agreement No. U-2017-151087 in the amount of $191,899.17, with a payoff date of March 1, 2026.

BACKGROUND AND ANALYSIS:

The West Orange County Water Board (WOCWB) is a joint powers authority comprised of the Cities of Garden Grove, Huntington Beach, Westminster, and Seal Beach. WOCWB owns and operates OC-9 and OC-35 pipelines for the purpose of imported water from the Municipal Water District of Orange County (MWDOC) and transporting it to the member cities.

On October 18, 2017, WOCWB entered into Orange County Transportation Authority (OCTA) Reimbursement Agreement No. U-2017-151087 to finance the relocation of a 33-inch waterline associated with the Interstate 405 (I-405) widening project (Loan). The original principal amount of the Loan was $6,258,240, of which the City’s proportionate share was $894,928.32. The final scheduled Loan payment is March 1, 2028.

The Loan interest rate is tied to the Surplus Money Investment Fund (SMIF) apportionment yield rate, which is currently 4.043 percent. To reduce future interest costs, staff recommends that the City pay off its remaining proportionate balance of $191,899.17 with an early payoff date of March 1, 2026. This advance payment is expected to result in interest savings to the Water Enterprise Fund of approximately $8,334. Under the loan, advanced payment or early pay-off of the loan is acceptable and no penalty shall be applied.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

OCTA and WOCWB have confirmed that the advanced Loan payoff amount is $191,899.17. Upon City Council approval, OCTA, through WOCWB, will issue an invoice to the City on March 1, 2026.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7739 approving the early payoff of the City’s proportionate share under the Orange County Transportation Authority Reimbursement Agreement No. U-2017-151087 in the amount of $191,899.17, with a payoff date of March 1, 2026.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager ATTACHMENTS:

A. Resolution 7739
B. OCTA Reimbursement Agreement No. U-2017-151087
RESOLUTION 7739

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE PAYOFF OF ORANGE COUNTY

TRANSPORTATION AUTHORITY REIMBURSEMENT
AGREEMENT NO. U-2017-151087
WHEREAS, on October 18, 2017, the West Orange County Water Board (WOCWB), a Joint Powers Authority comprised of the Cities of Huntington Beach, Westminster, Garden Grove, and Seal Beach, entered into Orange County Transportation Authority (OCTA) Reimbursement Agreement No. U-2017-151087 to finance the relocation of a 33-inch waterline in connection with the Interstate 405 (I-405) widening project (Loan); and, WHEREAS, the original principal amount of the Loan was $6,258,240, of which the City of Seal Beach’s (City) proportionate share was $894,928.32; and, WHEREAS, the final scheduled Loan payment is March 1, 2028; and, WHEREAS, it is in the best interest of the City to pay off its remaining proportionate balance of $191,899.17 in advance in order to reduce future interest costs.

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

Section 1. The City Council hereby approves and authorizes the early payoff of the City’s proportionate share under OCTA Reimbursement Agreement No. U2017-151087 in the amount of $191,899.17, with a payoff date of March 1, 2026.

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

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of February 2026 by the following vote:

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

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7739 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of February 2026.

Gloria D. Harper, City Clerk

Agenda Item G

AGENDA STAFF REPORT
DATE: February 23, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Approve the Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Management Association for the period of July 1, 2025 through June 30, 2027 and Related Budget Amendment
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7740:

1. Approving the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Management Association for the period of July 1, 2025 through June 30, 2027; and,

2. Approving Budget Amendment BA #26-08-01 in the amount of $27,319; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Management Association.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) and the Seal Beach Police Management Association (SBPMA) met jointly and collectively bargained in good faith and the terms and conditions of a tentative agreement were reached. Based upon such collective bargaining, the City and the SBPMA drafted a Memorandum of Understanding (MOU).

The SBPMA has accepted the terms, conditions and provisions set forth in the MOU. The MOU has a term of July 1, 2025 through June 30, 2027.

The Seal Beach Police Management Association is representative of full-time employees in the following classifications:

1. Police Captain

2. Police Lieutenant

3. Police Sergeant

4. Records Supervisor
The elements of the tentative agreement include:

Compensation
SBPMA members will receive a Cost of Living Adjustment (COLA) as follows:

FY 2025-2026: 2.5% COLA Increase
FY 2026-2027: 3.0% COLA Increase
Non-PERSable (one-time) Payment
SBPMA members will receive a non-PERSable payment of $2,000 on the first full pay period beginning after the MOU is ratified.

Class and Comp Records Supervisor
The City will conduct a class and compensation study for the Records Supervisor with a maximum cost to the City of $5,000.

This update includes minor typographical corrections. Additionally, in Article 52 – Cell Phone, Cell Phone language that had been inadvertently omitted from the MOU, but was previously included in a side letter, has now been restored. This clarification does not alter any terms of the current MOU.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report, resolution and MOU and approved them as to form.

FINANCIAL IMPACT:

Budget Amendment BA #26-08-01 will allocate current fiscal year impacts of $27,319 from the General Fund unassigned fund balance. Future years will be budgeted appropriately:

Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
MOU 101-210-0022-50609 $ - $ 27,319.00 $ 27,319.00

RECOMMENDATION:

That the City Council adopt Resolution 7740:

1. Approving the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Management Association for the period of July 1, 2025 through June 30, 2027; and,

2. Approving Budget Amendment BA #26-28-01 in the amount of $27,319; and,

3. Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal Beach Police Management Association.

SUBMITTED BY: NOTED AND APPROVED:

Barbara Arenado Patrick Gallegos
Barbara Arenado, Director of
Finance/City Treasurer
Patrick Gallegos, City Manager
ATTACHMENTS:

A. Resolution 7740
B. Exhibit B - SBPMA Memorandum of Understanding (clean) C. Exhibit C - SBPMA Memorandum of Understanding (redline) RESOLUTION 7740

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE MEMORANDA OF

UNDERSTANDING BETWEEN THE CITY OF SEAL

BEACH AND THE SEAL BEACH POLICE

MANAGEMENT ASSOCIATION FOR THE PERIOD
JULY 1, 2025, THROUGH JUNE 30, 2027, AND
APPROVING BUDGET AMENDMENT 26-08-01
WHEREAS, the City and the Seal Beach Police Management Association met jointly and collectively, bargained in good faith and reached a tentative agreement on a memorandum of understanding (MOU); and,
WHEREAS, the City Council gave authority to the City Manager to place the proposed MOU on the agenda of the meeting of February 23, 2026, for City Council action; and, WHEREAS, the MOU between the City and the Association are for the time period of July 1, 2025 – June 30, 2027.

WHEREAS, Budget Amendment BA #26-08-01 will allocate $27,319 from General Fund unassigned fund balance as follows:

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

Section 1. The City Council hereby approves the MOU between the City of Seal Beach and the Seal Beach Police Management Association attached as Exhibit B to the February 23, 2026, staff report accompanying this Resolution.

Section 2. The City Council hereby approves Budget Amendment BA #26-08-01.

Section 3. The City Council hereby authorizes the City Manager to execute the MOU on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of February 2026 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
MOU 101-210-0022-50609 $ - $ 27,319.00 $ 27,319.00
Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7740 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 23rd of February 2026.

Gloria D. Harper, City Clerk

SEAL BEACH POLICE MANAGEMENT

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Resolution 7740 - Exhibit A
ADOPTED: February 23, 2026
EXPIRES: June 30, 2027
2 SEAL BEACH POLICE MANAGEMENT ASSOCIATION

TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT ......................................................1 Section 1. …..............................................................................................1 Section 2. .................................................................................................1 ARTICLE 2. RECOGNITION AND MEMBERSHIP ...................................1 Section 1. .................................................................................................1 Section 2. .................................................................................................1 Section 3. .................................................................................................1 ARTICLE 3. SALARIES ............................................................................2 Section 1. ..................................................................................................2 Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding .................................................................. 2 ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES..............................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................2 ARTICLE 5. INDEMNIFICATION ..............................................................3 ARTICLE 6. CITY RIGHTS........................................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................4 ARTICLE 7. COMPENSATION PLAN .....................................................4 Section 1. ..................................................................................................4 Section 2. ..................................................................................................4 Section 3. ..................................................................................................4 Section 4. ..................................................................................................4 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY
GRADES..............................................................................4 Section 1. ..................................................................................................4 Section 2. ..................................................................................................5 Section 3. ..................................................................................................5 Section 4. ..................................................................................................5 ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION............5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........5 3 ARTICLE 11. ADJUSTMENT OF SALARY GRADES..............................6 ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..........................6 ARTICLE 13. SPECIAL PAY PROVISIONS .............................................6 Section 1. Uniform Allowance ....................................................................6 Section 2. Safety Equipment......................................................................6 Section 3. Temporary Assignment Pay .......................................................6 Section 4. Deferred Comp …………………………………………………… 7
ARTICLE 14. COURT TIME ......................................................................7 Section 1. ..................................................................................................7 Section 2. ..................................................................................................7 Section 3. ..................................................................................................7 ARTICLE 15. CALL-BACK .......................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 ARTICLE 16. STAND-BY PAY..................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 Section 3 ……………………………………………………………………….8
ARTICLE 17. MOVIE DETAIL ...................................................................9 Section 1. ................................................................................................9 ARTICLE 18. EXPERIENCE PAY .............................................................9 Section 1. ................................................................................................9 Section 2. ................................................................................................9 Section 3. ................................................................................................9 Section 4. ................................................................................................9 Section 5. ................................................................................................9 Section 6. ..............................................................................................10 Section 7. ..............................................................................................10 Section 8. ..............................................................................................10 Section 9. ..............................................................................................10 ARTICLE 19. EDUCATION INCENTIVE PAY.........................................10 Section 1. ..............................................................................................10 Section 2. ..............................................................................................11 Section 3. ..............................................................................................11 Section 4. ..............................................................................................11 Section 5. ..............................................................................................11 Section 6. ..............................................................................................11 4 ARTICLE 20. TUITION REIMBURSEMENT ...........................................11 Section 1. ……………………………………………………………………..11
ARTICLE 21. PHYSICAL FITNESS PROGRAM ....................................12 ARTICLE 22. TRAINING PROGRAMS ...................................................13 Section 1. ...............................................................................................13 Section 2. ...............................................................................................13 ARTICLE 23. HOLIDAYS ........................................................................13 Section 1. ...............................................................................................13 Section 2. ...............................................................................................13 Section 3. ...............................................................................................14 Section 4. ...............................................................................................15 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................16 ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING.............16 ARTICLE 26. FRINGE BENEFIT LIMITS................................................16 Section 1. .……. ......................................................................................16 Section 2. ................................................................................................16 ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16 ARTICLE 28. HEALTH CARE COVERAGE ...........................................16 Section 1. Health Care Coverage .............................................................16 Section 2. Health Insurance Plan for Retirees ...........................................17 ARTICLE 29. LIFE INSURANCE ............................................................18 ARTICLE 30. DISABILITY INSURANCE PLAN .....................................18 ARTICLE 31. SECTION 125 PLAN.........................................................18 ARTICLE 32. ANNUAL PHYSICAL ........................................................19 ARTICLE 33. RETIREMENT ...................................................................19 Section 1. ................................................................................................19 Section 2. ……………………………………………………………………...19
ARTICLE 34. HOURS OF WORK – WORK PERIOD .............................20 Section 1. Work Period .............................................................................20 Section 2. Three-Twelve Work Schedule...................................................20 Section 3. Reporting to California Public Employees’ Retirement System (PERS) ....................................................................................................20 5 ARTICLE 35. OVERTIME COMPENSATION .........................................20 Section 1. Overtime Defined ....................................................................20 Section 2. Compensation for Overtime ....................................................21 Section 3. Compensatory Time................................................................21 Section 4. Approval for Overtime .............................................................21 ARTICLE 36. VACATION........................................................................21 Section 1. Eligibility ..................................................................................21 Section 2. Accrual ....................................................................................21 Section 3. Maximum Accrual....................................................................22 Section 4. Use of Vacation.......................................................................23 Section 5. Vacation Payment at Termination ...........................................23 Section 6. Vacation Accrual During Leave of Absence............................23 Section 7. Prohibition Against Working for City During Vacation ..............23 ARTICLE 37. LEAVE OF ABSENCE ......................................................23 Section 1. ………………………………………………………………………23
ARTICLE 38. UNAUTHORIZED ABSENCE ...........................................24 ARTICLE 39. BEREAVEMENT LEAVE ..................................................24 Section 1. ………………………………………………………………………24
ARTICLE 40. MILITARY LEAVE OF ABSENCE....................................25 Section 1. ................................................................................................25 Section 2. ................................................................................................25 ARTICLE 41. INTENTIONALLY LEFT BLANK …………………………. 25
ARTICLE 42. JURY DUTY ......................................................................25 Section 1. ………………………………………………………………………25
ARTICLE 43. SICK LEAVE .....................................................................25 Section 1. Accrual - Sworn Positions.........................................................25 Section 2. Sick Leave During Vacation ....................................................26 Section 3. Extended Sick Leave ..............................................................26 Section 4. General Sick Leave Provisions ...............................................27 Section 5. Fitness for Duty .......................................................................27 Section 6. Accrual and Payment-Non-Sworn Positions…………………..27 Section 7. ………………………………………………………………………27
ARTICLE 44. CATASTROPHIC LEAVE .................................................28 Section 1. Establishment..........................................................................28 6 Section 2. Purpose ..................................................................................28 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)........................................29 ARTICLE 46. ON-THE-JOB INJURY ......................................................29 ARTICLE 47. OFF-THE-JOB INJURY ....................................................29 ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29 Section 1. .................................................................................................29 Section 2. .................................................................................................29 ARTICLE 49. PROBATIONARY PERIODS............................................29 Section 1. ................................................................................................29 Section 2. Objective of Probationary Period. ...........................................30 Section 3. Employee Performance Appraisal...........................................30 Section 4. Rejection of Probationary Employee.......................................30 ARTICLE 50. LAYOFF PROCEDURES..................................................30 ARTICLE 51. MOU REOPENERS...........................................................31 Section 1. ………………………………………………………………………31
ARTICLE 52. CELL PHONE………………………………………………… 31
ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31 Section 1. ................................................................................................31 Section 2. ................................................................................................31 Section 3. ................................................................................................31 Section 4. ................................................................................................31 ARTICLE 54. EMERGENCY WAIVER PROVISION ...............................31 Section 1. …………………………………………………………………….. 31
ARTICLE 55. SEPARABILITY PROVISION ........................................... 31 ARTICLE 56. SAVINGS CLAUSE...........................................................32 Section 1. ……………………………………………………………………… 32
ARTICLE 57. RATIFICATION .................................................................32 EXHIBIT A…..…………………………………………………………………..33
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter referred to as “City”) and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter referred to as "Association”), having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding (MOU). The terms and conditions set forth in this MOU shall be of no force and effect unless and until this MOU is approved and adopted by the City Council of the City of Seal Beach.

Unless otherwise specifically provided for herein, whenever a compensation change is indicated as occurring effective upon City Council adoption of this MOU, the compensation change shall commence during the first payroll period commencing after the Council adoption of this MOU.

ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 2025 through and including June 30, 2027.

ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City has recognized, for the purposes of this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the safety classifications and assignments of Police Sergeant, Police Captain and Police Lieutenant.

Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1 above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed.

Section 3. The City agrees that the representatives of the Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management 2 during said representatives’ normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of the Association.

ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided to employees occupying all classifications represented by the Association. The monthly base salary increases shall be effective during the first full pay period in July of the following indicated years
1) Effective the first full pay period beginning after July 1, 2025 Position Grade Increases
Police Records Supervisor 28 2.5%
Police Sergeant 37 2.5%
Police Lieutenant 41 2.5%
Police Captain 44 2.5%
2) Effective the first full pay period beginning after 1 July 1, 2026 Position Grade Increases
Police Records Supervisor 28 3.0%
Police Sergeant 37 3.0%
Police Lieutenant 41 3.0%
Police Captain 44 3.0%
Section 2. The City shall make one (1) Non-PERSable lump sum payment of $2,000 each (subject to applicable withholdings) to each bargaining unit member employed by the City on the date the payments are made. Payments will be made on the first full pay period beginning after this MOU is approved by the City Council.

ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. The Association shall certify to the City the names of employees who have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time.

Section 2. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions.

ARTICLE 5. INDEMNIFICATION
3 The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to Article 4.

ARTICLE 6. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The City may exercise its management rights unilaterally without the obligation of meet and confer on the decision to exercise such rights. However, the City shall meet and confer on the impact and effects thereof pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law shall include, but not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy; b) To determine the existence or nonexistence of facts which are the basis of the Management decision;
c) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
d) To determine the nature, manner, means and technology and extent of services to be provided to the public;
e) To determine the methods of financing;
f) To determine the types of equipment or technology to be used; g) To determine and/or change the facilities, methods, technological means, and size of the work force by which the city operations are to be conducted;
h) To determine and change the number of locations, relocations and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City;
i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and standards;
k) To relieve employees from duties for lack of work, or funds, or similar nondisciplinary reasons; l) To discharge, suspend. demote, or otherwise discipline employees for proper cause;
m) To determine job classification and to reclassify employees; n) To hire, transfer, promote and demote employees for disciplinary and nondisciplinary reasons; o) To determine and administer policies, procedures and standards for selection, training, and promotion of employees;
p) To establish employee performance standards including but not limited to, qualifications and quantity standards and to require compliance therewith; 4 q) To maintain order and efficiency in its facilities and operations; r) To establish and promulgate and/or modify Rules and Regulations to maintain order and safety in the City which are not in contravention of this MOU;
s) To take any and all necessary actions to carry out the mission of the City in emergencies.

Section 2. Except in emergencies or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees represented by the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.

ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall be included under the Basic Compensation Plan. Every classification under this plan shall be assigned a monthly base salary grade adopted by the City Council.

The salary schedule shall consist of five (5) steps within each grade.

Section 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and approval of the City Manager when it is decided that such action is in the best interest of the City.

Section 3. The second step in the monthly base salary grade is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Chief of Police and approval of the City Manager.

Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his/her work and to recognize increased skill on the job.

Employees are normally eligible for these adjustments at any time after the completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval of the City Manager.

Section 5. Classification and Compensation Study
During the term of this MOU, the City will conduct a classification and compensation study regarding the classification of Records Supervisor with a maximum cost to the City of $5,000.

ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES 5 Section 1. In order to properly compensate an employee, advancement in salary shall be based on merit.

Section 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

Section 3. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police and approval of the City Manager.

Section 4. An employee must be reviewed at least once every twelve (12) months from the effective date of his/her last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him/her from recommending special performance advancement in monthly base salary at any time when unusual or outstanding achievement has been demonstrated.

ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment – When an employee is promoted to a position with a higher monthly base salary grade, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received prior to promotion.

Section 2. Temporary Appointment – In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment.

ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to the appropriate monthly base salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his/her previous anniversary date.
6 ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same step in the new monthly base salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade.

ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he/she shall not forfeit his/her medical health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved.

ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance – Whether or not said sworn employee wears a traditional uniform, each sworn employee shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300). The civilian position of Police Records Supervisor shall receive an annual uniform allowance of four hundred dollars ($400). Beginning July 1, 2024, a sworn employee, whether or not said sworn employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand five hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year.

The civilian position of Police Records Supervisor shall continue to receive an annual uniform allowance of four hundred dollars ($400).

Section 2. Safety Equipment – The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and, for sworn employees utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employees’ employment. Recurring maintenance, repair, and/or replacement due to normal wear shall be responsibility of the employee.

Section 3. Temporary Assignment Pay
A. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply:
7 1. Special assignment pay may only be paid for one position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time.

2. Special assignment pay lasts only through the term of the assignment.

3. The following list of assignments shall be considered special assignments:
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
Section 4. Deferred Compensation

1. The City contributes twenty dollars ($20) per payroll period into a deferred compensation program for the Police Records Supervisor position.

ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which arises out of the course of his/her employment and not contiguous with his/her work shift shall be compensated for a minimum of two and two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee’s base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, an FLSA exempt employee shall receive pay for the actual appearance time, excluding any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Should the appearance exceed two and twothirds (2-2/3) hours, a non-FLSA exempt employee shall receive pay for the actual appearance time, including any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court.

Section 2. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU.

Section 3. All employees agree to comply with the “on-call” policies administered by the Department. Should an officer be placed “on-call” during off duty hours for court appearance(s), he/she shall be granted two (2) hours pay at the employee’s base hourly rate of pay for any “on-call” time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon.
8 ARTICLE 15. CALL-BACK
Section 1. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee’s base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one-and-onehalf (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Callback time shall commence from the time the employee is called back to service.

Section 2. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2-2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.

ARTICLE 16. STAND-BY PAY
Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief of Police to “stand-by” status.

Section 2. Police Sergeants and Lieutenants required to be on stand-by shall be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per month, subject to the following limitations. During any such month when an employee is required to be on stand-by for less than the entire month, the maximum number of stand-by leave hours accrued shall be reduced in an amount reflecting the pro-rated monthly time during which said employee is expected to be “on stand-by.” Such stand-by leave hours shall be maintained in the employees’ Stand-by Leave banks. The parties encourage employees to use their stand-by leave within two (2) months after it is accrued. The employees may not have an accumulated balance of more than twenty-four (24) hours of stand-by leave at any time. If an employee’s stand-by leave balance reaches twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The employee’s accrual of stand-by leave shall not begin again until the employee's accumulated stand-by leave balance falls below twenty-four (24) hours.

Section 3. Police Captains shall be eligible to accrue up to a maximum of ninety-six (96) hours of administrative leave on July 1st of each year, subject to the following limitations. Such administrative leave hours shall be maintained in the employees’ Administrative Leave banks. The parties encourage employees to use their administrative leave during the fiscal year (July 1st through June 30th) in which it is accrued. An employee may not have more than ninety-six (96) hours of administrative leave on the books at any time. If an employee does not use all of his/her administrative leave within the fiscal year in which the employee accrued it, he/she will not accrue the maximum number of administrative 9 leave hours in the next fiscal year. Instead, the employee will only earn that number of administrative leave hours, on July 1st of each year that will bring the employee’s balance of administrative leave hours up to the maximum number. Because administrative leave cannot be removed from an employee once earned, and the parties do not want employees to have more administrative leave on the books than would be received within the current fiscal year, any hours of administrative leave carried over at the end of the fiscal year results in the employee being unable to accrue that same amount of administrative leave in the next fiscal year. Thus, for example, if an employee uses only eighty (80) hours of administrative leave during a fiscal year and carries over sixteen (16) hours of administrative leave to the next fiscal year, that employee will only accrue eighty (80) hours of administrative leave on July 1st, bringing the employee’s administrative leave balance, on July 1st, up to the ninety-six (96) hours maximum.

ARTICLE 17. MOVIE DETAIL
Section 1. F L S A e x e m p t e mployees shall be paid seventy dollars ($70) per hour for outside movie details. Non-FLSA exempt unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie detail is brokered outside work and is not considered time worked for the purpose of calculation City overtime compensation.

ARTICLE 18. EXPERIENCE PAY
For Employees Hired On or Before June 30, 2010:

Section 1. Employees represented by the Association with years of fulltime service as a sworn peace officer with a Municipal, County, or State Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive experience pay as set out below.

Section 2. Experience pay – Ten (10) Years of Service – At ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee’s monthly base salary.

Section 3. Experience pay – Twenty (20) Years of Service – At twenty (20) years of qualifying service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

Section 4. Experience pay -- Twenty-five (25) Years of City of Seal Beach Service – At twenty-five (25) years of City of Seal Beach Service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

Section 5. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such 10 an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

For Employees Hired On or After July 1, 2010:

Section 6. Employees represented by the Association with years of full-time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below.

Section 7. Experience pay shall be as follows:

A. At ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary.

B. At twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

C. At twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

Section 8. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

Section 9. For Non-Sworn Employees:

Non-sworn employees represented by the Association with ten (10) years or more of consecutive Seal Beach service shall be eligible to receive experience pay under only Section 2, above. Section 3, 4, and 7 do not apply to non-sworn employees represented by the Association.

ARTICLE 19. EDUCATION INCENTIVE PAY
Section 1. Forty-five (45) Semester Units of College Credits – Employees covered by this Article who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive three hundred dollars ($300) per month in addition to his/her monthly base salary. This Article is only applicable to sworn employees in the bargaining unit represented by the Association. Non-sworn employees represented by the Association are not eligible for Education Incentive Pay.
11 Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T. Certification - Employees covered by this Article who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.

Intermediate Certificate shall receive four hundred dollars ($400) per month in addition to his/her monthly base salary.

Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T. Certification - Employees covered by this Article who have completed BA/BS Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced Certificate shall receive five hundred dollars ($500) per month in addition to his/her monthly base salary.

Section 4. The Education Incentive payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only.

Section 5. Employees receiving Educational Incentive pay shall not lose that pay if he/she is promoted to a classification which required the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not result in any loss of such incentive pay.

Section 6. All payments under this Article are subject to verification and approval by the City Manager.

ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs - Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of fulltime, undergraduate enrollment.

Reimbursement is contingent upon the successful completion of the course.

For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for 12 undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no-credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty.

Example 1: Officer A attends California State University, Long Beach, for the Spring 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2023-2024 State University Tuition $ 1,764.00 (0-6 units) Required University Fees $ 647.00 (approx.) Parking
$ 300.00
Books $ 535.00 (approx.) TOTAL
$ 3,246.00
Example 2: Officer B attends California State University, Long Beach, for the Spring 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2023-2024 State University Tuition $ 3,042.00 (6.1 or more units) Required University Fees $ 647.00 (approx.)
Parking $ 300.00
Books $ 535.00 (approx.) TOTAL
$ 4,524.00
B. Professional Conventions and Conferences - Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and preapproved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970.

ARTICLE 21. PHYSICAL FITNESS AND HEALTH WELLNESS PROGRAMS The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU.

Beginning July 2024, the City shall reimburse all unit employees, as a medical benefit, for the Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club.
13 ARTICLE 22. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City’s adopted Per Diem policy.

Section 2. When an employee is sent by the City to a training program which is not a part of his/her regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime.

ARTICLE 23. HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:

Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans’ Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year’s Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents’ Day (3rd Monday in February)
Section 2.

Memorial Day
Floating Holidays
(Last Monday in May)
The City will also recognize two (2) floating holidays each fiscal year for sworn employees in the bargaining unit. The City will also recognize one (1) floating holiday each fiscal year for non-sworn employees in the bargaining unit. Each unit sworn employee shall be eligible to accrue up to a maximum of two (2) floating holidays on July 1st of each year, subject to the following limitations. non-sworn employee shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1 st of each year,
subject to the following limitations. The floating holidays shall be taken, or cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued. A sworn employee may not have more than two (2) floating holidays on the books at any time. A non-sworn employee may not have more than one (1) floating holiday on the books at any time. If an employee does not use, or cash out, all of his/her floating holidays within the fiscal year in which the employee accrued them, he/she will not earn the maximum number of additional floating holidays in the next fiscal year. Instead, the employee will only earn that number of floating holidays, on July 1st of each year that will bring the employee’s balance of floating holidays up to the maximum number. Thus, for example, if a sworn employee uses, or cashes out, only one floating holiday during a fiscal year, that sworn employee will only accrue one additional floating holiday on July 1st of the 14 following fiscal year, bringing the sworn employee’s floating holiday balance up to two (2) floating holidays. The parties encourage employees in the unit to use their floating holidays. Since floating holidays cannot be removed from an employee once earned, and the parties do not want employees to have more floating holidays on the books than would be received within the current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in the employee being unable to earn that holiday(s) in the next fiscal year.

The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-andone-half to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December 2024 , and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article 36, Vacation.

The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language.

Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. When a holiday falls on a day that a non-sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid ten (10) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular rate of pay”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, cafeteria cash in-lieu (including any cash payments for opting out) and City contribution to 457 plan.

To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay.

B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows:

1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows:
15 a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and
c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay.

Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
6 hours hardship pay base hourly rate

2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours.

Example 2: Officer B works eight (8) hours on Veterans’ Day. Officer B would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language.

Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time.
16 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe benefit program that now exist or may exist in the future during the term of this MOU, unless otherwise specified within this MOU.

Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate effects.

ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU.

ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager, or otherwise provided for by federal or state “Family Leave Acts” and/or “Workers’ Compensation” requirements.

Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU.

ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage
A. “Health Care Coverage”
The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active sworn employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective January 1
st
, 2026 the City’s contribution
under PEMHCA shall be one hundred s i x t y t w o dollars ($162). 17 The monthly flex dollar allowance shall be:

A portion of the flex dollar allowance ($162 in 2026) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans.

B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by CalPERS.

C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage. Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments.

Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service or disability) who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group Health Care insurance benefits:

1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such sworn retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

3. If the employee has twenty-five (25) or more years of full-time City of The City shall implement a full flex cafeteria
plan for eligible employees in accordance
with the criteria provided to the employees
during negotiations. For employees
participating in the City’s full flex cafeteria
plan, each employee shall receive a monthly
flex dollar allowance to be used for the
purchase of benefits under the full flex
cafeteria plan. Calendar Year
2025
For single employees: $1,399.06
For employee +1 dependent: $2,161.99
For employee + 2 or more dependents: 454.41 $2,795.89
18 Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

B. The City shall provide to any sworn retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Health Care insurance benefits:

1. The City shall contribute at the minimum rate under
PEMHCA as mandated by CalPERS.

C. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

D. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement.

ARTICLE 29. LIFE INSURANCE
The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ($75,000), and non-sworn with a face value of fifty thousand dollars ($50,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent.

ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100%) of the premium for the “employee’s longterm disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee’s monthly base salary, subject to caps and eligibility requirements as set forth within the policy of the accepted carrier.

Modifications to the plan shall be made only after the City has met and consulted with the Association.

ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and child care expenses. This plan will allow for payroll deduction from the employee’s salary as designated by the employee for the purpose of participation. The maximum contributable dollar amount and plan year length is administered and determined by the Human Resources at the direction of the City Manager.
19 ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer for sworn unit members. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment.

Physical Exam Schedule:

New Employee 2nd year following appointment
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
Section 1.

A. The City shall make contributions for the public safety personnel covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50) with those benefit options as provided for in the contract between the City and PERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of PERS or a reciprocal California public pension plan as of December 31, 2012).

B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two-point seven percent at fifty-seven (2.7% @ 57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the PERS plans for new members.

C. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS.

Section 2. The City shall make contributions for the non-sworn personnel covered by this MOU to the PERS plan known as two percent at fifty-five (2%@55) with those benefit options as provided for in the contract between the City and PERS. New members entering membership for the first time as non-sworn personnel shall be hired at the retirement formula in accordance with PEPRA and other legislations. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. 20 ARTICLE 34. HOURS OF WORK – WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules:

1. "Three-Twelve" - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute workdays followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day.

2. "Four-Ten" - a work week consisting of ten (10) hours/day, four (4) days/week.

3. "Five-Eight" - a work week consisting of eight (8) hours/day, five (5) days/week.

Section 2. Three-Twelve Work Schedule
A. The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a workweek pursuant to A.1. above.

B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a workweek.

Section 3. Reporting to California Public Employees’ Retirement System (PERS) - All regular hours worked, regardless of work schedule, shall be reported to PERS.

ARTICLE 35. OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off.

B. Four-Ten Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off.

C. Five-Eight Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. 21 Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one-and-one-half (1-1/2) times the base hourly rate of pay.

B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked.

Section 3. Compensatory Time - Employees may elect to receive compensatory time in lieu of pay for overtime subject to A. and B. below.

A. Should an employee desire to take compensatory time off, he/she shall provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll cycle), and file a written request with the Chief of Police. The Chief of Police shall grant compensatory time off based on departmental manpower needs. If an employee fails to provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of Police, the Chief of Police shall consider the request for compensatory time off and has discretionary authority to grant or deny the request.

B. Employees s h a l l be permitted to accumulate a maximum of seventyfive (75) hours of compensatory time. An employee who has accumulated seventy-five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum.

C. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee’s written request has been approved by the City Manager.

Section 4. Approval f o r Overtime - In order for an employee to earn compensation for overtime, he/she must receive a supervisor’s or the Chief of Police’s approval. Overtime worked to meet an emergency situation does not require advance approval but shall be certified by the Chief of Police before being credited to the employee’s record.

ARTICLE 36. VACATION
Section 1. Eligibility – All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay.

Section 2. Accrual – Vacation hours are accrued as follows:

A. Vacation leave is accumulated yearly and is computed on the basis of the employee’s hire date as a regular full-time or probationary employee.

B. Years of service, for purpose of vacation accrual, shall be from the date of 22 initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year.

C. All eligible unit employees hired after February 1, 1998, will accrue vacation leave by the following schedule:

Years Of Hours Max. Hourly Accrual Annual
Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15-19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998, shall accrue vacation leave by the following schedule:

Years Of Hourly Accrual Rate Annual
Service Per Pay Period Accrual Rate
0-5 Years 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10-15 6.154 160 hours
16+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that an employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty-six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager.

B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum.

C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease.
23 Section 4. Use of Vacation – Vacation is granted as follows:

A. The time at which an employee’s vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first.

B. Employees w h o have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in the calendar year available for cash out on the date of cash out. All cash-out of vacation pursuant to this provision is from hours earned in the current calendar year.

C. The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure.

Section 5. Vacation Payment at Termination – Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. If the termination is due to death of the employee, the employee’s beneficiary designated on the City’s life insurance policy form in the employee’s personnel file shall receive the employee’s pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

Section 6. Vacation Accrual During Leave of Absence – No vacation shall be earned during any leave of absence without pay for each fourteen (14) day pay period of such leave.

Section 7. Prohibition Against Working for City During Vacation – Employees shall not work for the City during his/her vacation and thereby receive double compensation from the City.

ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay – Authorized Leave of Absence Without Pay is granted as follows:

A. Upon the Chief of Police’s recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days.
24 B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year.

C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave of absence’s expiration and receipt of notice to return to duty, shall be cause for discharge.

D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this Memorandum of Understanding, except that the City shall contribute to an employee’s medical and dental health plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence.

ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee’s pay of an amount equivalent to the time absent.

Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment.

ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of paid bereavement leave, plus an additional twenty-two (22) additional unpaid hours by the reason of the death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption, or all degree of relatives not listed but living within the household of the employee. Family covered by this provision:
 Spouse or Registered Domestic Partner
 Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child).
 Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section).
 Grandparent (means a parent of the employee’s parent, as defined in this section).  Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent).
 Child (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.)  Grandchild means a child of the employee’s child as defined in this section)  All degree of relatives not listed but living within the household of the employee
Employees may use any of their accumulated leave balances to receive pay during the additional twenty-two (22) hours of unpaid bereavement leave. 25 ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken.

Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave.

Section 2. In addition to provisions of State law, the City shall continue to provide eligible employees on military leave the current health benefits (medical, dental, disability, and life insurance) and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay the City the same copayments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his/her cost.

ARTICLE 41.

This article was intentionally left blank and has been reserved for future use.

ARTICLE 42. JURY DUTY
Section 1. Jury Duty is granted as follows:

A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City’s Department of Finance. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Department of Finance.

B. If the sum of the employee’s jury duty responsibility is less than a full work day, the employee shall contact his/her supervisor as to the feasibility of returning to work that day.

ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the sworn employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month.

B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior to July 1, 1985, will be placed into the established sick leave bank at the rate of twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established 26 February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City.

C. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

D. There is no limit on the amount of sick leave that an employee may accumulate.

E. An employee may be paid for unused sick leave pursuant to the following:

1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City.

2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to:
a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours workdays and report to CalPERS for service credit.
c) Or any combination of pay and service credit (maximum twenty percent [ 20%] payout compensation of total/accumulated sick leave bank at the time of separation).
d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City.

3. Employees employed prior to July 1, 1985, who are retired because of work-related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 1.B above and is not eligible for this payout provision.

Section 2. Sick Leave During Vacation – An employee who becomes ill while on vacation may have such period of illness charged to his/her accumulated sick leave provided as follows:

A. Immediately upon return to duty, the employee submits to his/her supervisor a written request for sick leave and a written statement signed by his/her physician describing the nature and dates of the illness.

B. The Chief of Police recommends, and the City Manager approves the granting of such sick leave.

Section 3. Extended Sick Leave – In the event of an employee’s continuing illness 27 which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided:

A. The employee has used all accumulated sick leave.

B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.

C. Prior to resuming his/her duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee’s physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee’s fitness to return to work.

D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he/she shall follow, prior to the termination of the initial leave, the procedure described in Section 3.B above.

Section 4. General Sick Leave Provisions – Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee’s own willful misconduct and negligence.

Section 5. Fitness for Duty - The Chief of Police may require employees to present proof of physical fitness for duty for sick leaves in excess of f i v e (5) consecutive working days.

Section 6. Accrual and Payment-Non-Sworn Positions
A. All full-time non-sworn employees covered by this section shall accrue sick leave at the rate of ten (10) hours per month. The maximum of sick leave hours shall be 520 hours.

B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only.

C. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee’s base hourly rate of pay. Existing sick leave balances, which have remained intact and have not been converted to leave time, will be paid to the employee upon termination at one-quarter (25%) of the employee’s base hourly rate of pay.

D. Non-Sworn Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

Section 7. The S i c k Leave during Vacation and Extended Sick Leave provisions in above Section 2 and 3 is also applied to the position of Police Records Supervisor.
28 ARTICLE 44. CATASTROPHIC LEAVE
Section 1. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association.

Section 2. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows:

A. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

B. The leave pool shall be administered by the Finance Department.

C. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave.

D. Employees receiving Long-Term Disability payments may participate in this program but may not receive combined payments that would exceed their normal take home pay.

E. All donations are to be confidential, between the donating employee and the Finance Department.

F. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation.

G. Donating employees must complete a Catastrophic Leave Program form with a signed authorization and include specifying the specific employee to be a recipient of the donation.

H. Donations will be subject to applicable tax laws.

I. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

J. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary.

K. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s ability to perform normal duties.
29 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)
Family L e a v e (FMLA/CFRA) request procedures are established by City Manager Administrative Directive, Section 200-21 and are incorporated herein by reference, and shall govern.

ARTICLE 46. ON-THE-JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City shall be entitled to the benefits of California Labor Code, Section 4850, as the Section now exists or is hereinafter amended.

Any payment made pursuant to this section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provisions of California Labor Code, Section
4850.

ARTICLE 47. OFF-THE-JOB INJURY
An e m p l o y e e injured outside of his/her service with the City shall be compensated through the disability insurance plan provided by the City.

ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied.

Section 2. The Association and the Union agree that all City Council Policies and City Manager Administrative Directives are incorporated herein by reference and shall continue to govern.

ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period – Regular full-time appointment is granted as follows:

A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service.

B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request in writing for the approval of City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no less than two weeks prior to the termination of any probationary period.

C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement in writing that the retention of the employee is desired. No actions changing an employee’s status from probationary to regular full-time shall be made or become effective until approved by the City Manager. 30 Section 2. Objective of Probationary Period – The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of the Department.

Section 3. Employee Performance Appraisal – Appraisal are conducted as follows:

A. Each probationary employee shall have his/her performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Permanent employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources.

B. The written appraisal report of an employee’s performance evaluation shall be filed in triplicates, the original to be filed with Human Resources and made a part of the employee’s personnel records, one copy to be retained by the Department, and one copy to be given to the employee.

Section 4. Rejection of Probationary Employee – A probationary employee can be rejected as follows:

A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with the approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive actions as may be provided by law. Notification of rejection in writing shall be served on the probationary employee and a copy with Human Resources. A termination interview may be conducted with each rejected probationer.

B. An exception will be applied where the probationary employee’s job termination or dismissal is based on charges of misconduct which stigmatizes his/her reputation or seriously impairs his/her opportunity to earn a living, or which might seriously damage his standing and association in this community. Where there is such a deprivation of a “liberty interest,” the employee shall be given pre-disciplinary procedural due process as defined in the City of Seal Bach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure.

ARTICLE 50. LAYOFF PROCEDURES
The p o l i c y for layoff procedures in the City of Seal Beach’s Rules and Regulations are incorporated herein by reference, and shall continue to govern. 31 ARTICLE 51. MOU REOPENERS
Section 1. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws.

ARTICLE 52. CELL PHONES
PMA Members are eligible to receive forty-five dollars ($45) per pay period cell phone allowance. Members will provide their own phone/plan for use on City business.

ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services.

Section 2. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to disciplinary action up to and including discharge.

Section 4. In the event that any one or more officers, agents, representatives or members of the Association engage in any of the conduct prohibited in Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that they must immediately cease engaging in conduct prohibited in Section 1 above and return to work.

ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances if the City Manager or his/her designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.

ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of 32 competent jurisdiction, all other provisions of this MOU shall remain in full force and effect.

ARTICLE 56. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and phrases of this Memorandum of Understanding are severable, and if any phrase, clause, sentence, paragraph or section of the Memorandum of Understanding hereby adopted shall be declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Memorandum of Understanding.

ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

For the CITY OF SEAL BEACH: For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:

Date:__________________________ Date:

Patrick Gallegos, City Manager Captain, Nicholas Nicholas, PMA President
Barbara Arenado, Director of Finance
33 EXHIBIT A

SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM

INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.

Officers work out on their off-duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program.

ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article 32 of the S.B.P.M.A.

M.O.U.

TESTING
Each officer participating will be tested every six months, specifically in the months of January and July. A minimum level has been established for each test.

Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing.

ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three of the five tests. 34 PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters.

VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated medical problems are those diagnosed by a physician as limiting participation in a certain activity.

REQUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
 Cardio Fitness
 Strength
 Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as necessary.

The tests used in this program to evaluate fitness in these areas will be:

Cardio fitness 1.5 Mile run
Strength Push-ups Sit-ups Pull-ups
Flexibility Forward Stretch

MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.

Any exercise workouts done under this program, i.e. weightlifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program.

All employees must receive clearance from their personal physician prior to beginning program participation.
35 CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart.

This test is an excellent indication of the condition of the heart and lungs as it measures one’s aerobic capacity or the ability of the heart and lungs to utilize oxygen.

Under 30 Below 30-34 Below 35-39 Below
Excellent 10:15 11:00 11:30
Good 10:16-12:00 11:01-12:30 11:31-13:00
Fair 12:01-14:30 12:31-15:00 13:01-15:30
Poor 14:31-16:30 15:01-17:00 15:31-17:30
Very Poor 16:31-Above 17:01-Above 17:31-Above
Maintenance Level 11:00 12:00 12:30
Minimum Level 14:30 15:15 15:30
40-44 Below 40-49 Below 50 + Below
Excellent 12:00 12:15 12:30
Good 12:01-13:30 12:16-13:45 12:31-14:30
Fair 13:31-16:00 13:46-16:15 14:31-17:00
Poor 16:01-18:00 16:16-18:15 17:01-19:00
Very Poor 18:01-Above 18:16-Above 19:01-Above
Maintenance Level 13:00 13:30 14:00
Minimum Level 15:45 16:00 16:45

STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officer can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart.

This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing.
36 Under 30 30-39 40-49 50 +
Excellent 43 - 37 - 30 - 25 +
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-Below 2-Below 2-Below 1-Below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11

PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart.

In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level.

Under 30 30-39 40-49 50 +
Excellent 9 & Above 7 & Above 6 & Above 5 & Above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & Above 2 & Above 1 & Above 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1

SIT-UPS
Officer starts by lying on his/her back, knees bent heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit-ups are recorded and compared to the standards on the chart.

This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems.
37 *1 CONTINUOUS MINUTE *
Under 30 30-39 40-49 50 +
Excellent 51 & Above 45 & Above 40 & Above 36 & Above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23 - 17 - 6 - 5 -
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15

FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart.

Under 30 30-39 40-49 50 +
Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5" +4" +1" 0"
Minimum Level 0" -2" -4" -5"

SEAL BEACH POLICE MANAGEMENT

ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Resolution 7555XXXX -
Exhibit A
ADOPTED: August 12,
2024February 23, 2026
EXPIRES: June 30,
20252027
2 SEAL BEACH POLICE MANAGEMENT ASSOCIATION

TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT ......................................................1 Section 1. …..............................................................................................1 Section 2. .................................................................................................1 ARTICLE 2. RECOGNITION AND MEMBERSHIP ...................................1 Section 1. .................................................................................................1 Section 2. .................................................................................................1 Section 3. .................................................................................................1 ARTICLE 3. SALARIES ............................................................................2 Section 1. ..................................................................................................2 Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding .................................................................. 2 ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES..............................2 Section 1. ..................................................................................................2 Section 2. ..................................................................................................32 ARTICLE 5. INDEMNIFICATION ..............................................................3 ARTICLE 6. CITY RIGHTS........................................................................3 Section 1. ..................................................................................................3 Section 2. ..................................................................................................4 ARTICLE 7. COMPENSATION PLAN .....................................................4 Section 1. ..................................................................................................4 Section 2. ..................................................................................................4 Section 3. ..................................................................................................4 Section 4. ..................................................................................................4 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY
GRADES
..............................................................................54 Section 1. ..................................................................................................54 Section 2. ..................................................................................................5 Section 3. ..................................................................................................5 Section 4. ..................................................................................................5 ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION............5 Section 1. ..................................................................................................5 Section 2. ..................................................................................................5 ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ...........5 3 ARTICLE 11. ADJUSTMENT OF SALARY GRADES..............................6 ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..........................6 ARTICLE 13. SPECIAL PAY PROVISIONS .............................................6 Section 1. Uniform Allowance ....................................................................6 Section 2. Safety Equipment......................................................................6 Section 3. Temporary Assignment Pay .......................................................6 Section 4. Deferred Comp …………………………………………………… 7
ARTICLE 14. COURT TIME ......................................................................7 Section 1. ..................................................................................................7 Section 2. ..................................................................................................7 Section 3. ..................................................................................................7 ARTICLE 15. CALL-BACK .......................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 ARTICLE 16. STAND-BY PAY..................................................................8 Section 1. ..................................................................................................8 Section 2. ..................................................................................................8 Section 3 ……………………………………………………………………….8
ARTICLE 17. MOVIE DETAIL ...................................................................9 Section 1. ................................................................................................9 ARTICLE 18. EXPERIENCE PAY .............................................................9 Section 1. ................................................................................................9 Section 2. ................................................................................................9 Section 3. ................................................................................................9 Section 4. ................................................................................................9 Section 5. ................................................................................................9 Section 6. ..............................................................................................10 Section 7. ..............................................................................................10 Section 8. ..............................................................................................10 Section 9. ..............................................................................................10 ARTICLE 19. EDUCATION INCENTIVE PAY.........................................10 Section 1. ..............................................................................................11 Section 2. 10..............................................................................................11 Section 3. ..............................................................................................11 Section 4. ..............................................................................................11 Section 5. ..............................................................................................11 Section 6. ..............................................................................................11 Section 7. ..............................................................................................11 4 ARTICLE 20. TUITION REIMBURSEMENT ...........................................11 Section 1. ……………………………………………………………………..11
ARTICLE 21. PHYSICAL FITNESS PROGRAM ....................................12 ARTICLE 22. TRAINING PROGRAMS ...................................................13 Section 1. ...............................................................................................13 Section 2. ...............................................................................................13 ARTICLE 23. HOLIDAYS ........................................................................13 Section 1. ...............................................................................................13 Section 2. ...............................................................................................13 Section 3. ...............................................................................................14 Section 4. ...............................................................................................15 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ............................16 ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING.............16 ARTICLE 26. FRINGE BENEFIT LIMITS................................................16 Section 1. .……. ......................................................................................16 Section 2. ................................................................................................16 ARTICLE 27. FRINGE BENEFIT CHANGES..........................................16 ARTICLE 28. HEALTH CARE COVERAGE ...........................................16 Section 1. Health Care Coverage .............................................................16 Section 2. Health Insurance Plan for Retirees ...........................................17 ARTICLE 29. LIFE INSURANCE ............................................................18 ARTICLE 30. DISABILITY INSURANCE PLAN .....................................18 ARTICLE 31. SECTION 125 PLAN.........................................................189 ARTICLE 32. ANNUAL PHYSICAL ........................................................19 ARTICLE 33. RETIREMENT ...................................................................19 Section 1.
................................................................................................1920 Section 2.
……………………………………………………………………...1920
ARTICLE 34. HOURS OF WORK – WORK PERIOD .............................20 Section 1. Work Period .............................................................................20 Section 2. Three-Twelve Work Schedule...................................................20 Section 3. Reporting to California Public Employees’ Retirement System 5 (PERS) ....................................................................................................20 ARTICLE 35. OVERTIME COMPENSATION .........................................20 Section 1. Overtime Defined ....................................................................20 Section 2. Compensation for Overtime ....................................................21 Section 3. Compensatory Time................................................................21 Section 4. Approval for Overtime .............................................................21 ARTICLE 36. VACATION........................................................................21 Section 1. Eligibility ..................................................................................21 Section 2. Accrual ....................................................................................212 Section 3. Maximum Accrual....................................................................22 Section 4. Use of Vacation.......................................................................23 Section 5. Vacation Payment at Termination ...........................................23 Section 6. Vacation Accrual During Leave of Absence............................23 Section 7. Prohibition Against Working for City During Vacation ..............234 ARTICLE 37. LEAVE OF ABSENCE ......................................................234 Section 1. ………………………………………………………………………234
ARTICLE 38. UNAUTHORIZED ABSENCE ...........................................24 ARTICLE 39. BEREAVEMENT LEAVE ..................................................24 Section 1. ………………………………………………………………………24
ARTICLE 40. MILITARY LEAVE OF ABSENCE....................................25 Section 1. ................................................................................................25 Section 2. ................................................................................................25 ARTICLE 41. INTENTIONALLY LEFT BLANK …………………………. 25
ARTICLE 42. JURY DUTY ......................................................................25 Section 1. ………………………………………………………………………25
ARTICLE 43. SICK LEAVE .....................................................................256 Section 1. Accrual - Sworn Positions.........................................................256 Section 2. Sick Leave During Vacation ....................................................267 Section 3. Extended Sick Leave ..............................................................267 Section 4. General Sick Leave Provisions ...............................................27 Section 5. Fitness for Duty .......................................................................27 Section 6. Accrual and Payment-Non-Sworn Positions…………………..27 Section 7. ………………………………………………………………………278
ARTICLE 44. CATASTROPHIC LEAVE .................................................28 Section 1. Establishment..........................................................................28 6 Section 2. Purpose ..................................................................................28 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)........................................29 ARTICLE 46. ON-THE-JOB INJURY ......................................................29 ARTICLE 47. OFF-THE-JOB INJURY ....................................................29 ARTICLE 48. PERSONNEL RULES AND REGULATIONS ...................29 Section 1. .................................................................................................29 Section 2. .................................................................................................29 ARTICLE 49. PROBATIONARY PERIODS............................................29 Section 1. ................................................................................................29 Section 2. Objective of Probationary Period. ...........................................30 Section 3. Employee Performance Appraisal...........................................30 Section 4. Rejection of Probationary Employee.......................................30 ARTICLE 50. LAYOFF PROCEDURES..................................................301 ARTICLE 51. MOU REOPENERS...........................................................31 Section 1. ………………………………………………………………………31
ARTICLE 52. INTENTIONALLY LEFT BLANKCELL
PHONE…………………………………………………
…………………………… 31
ARTICLE 53. NO STRIKE - NO LOCKOUT............................................31 Section 1. ................................................................................................31 Section 2. ................................................................................................31 Section 3. ................................................................................................31 Section 4. ................................................................................................31 ARTICLE 54. EMERGENCY WAIVER PROVISION ...............................31 Section 1. …………………………………………………………………….. 31
ARTICLE 55. SEPARABILITY PROVISION ........................................... 312
Section 1. ……………………………………………………………………….32
ARTICLE 56. SAVINGS CLAUSE...........................................................32 Section 1. ……………………………………………………………………… 32
ARTICLE 57. RATIFICATION .................................................................32 EXHIBIT A…..…………………………………………………………………..33
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SEAL BEACH
AND

SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter referred to as “City”) and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter referred to as "Association”), having met and conferred in good faith concerning the issues of wages, hours and other terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding (MOU). The terms and conditions set forth in this MOU shall be of no force and effect unless and until this MOU is approved and adopted by the City Council of the City of Seal Beach.

Unless otherwise specifically provided for herein, whenever a compensation change is indicated as occurring effective upon City Council adoption of this MOU, the compensation change shall commence during the first payroll period commencing after the Council adoption of this MOU.

ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 20253 through and including June 30, 20275.

Section 2. The Agreement may be extended beyond June 30, 2025 if both parties concur in writing.

ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 769, as amended, the City has recognized, for the purposes of this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the majority representative of the employees in the bargaining unit, which includes Police Department full-time employees in the safety classifications and assignments of Police Sergeant, Police Captain and Police Lieutenant.

Section 2. The City recognizes the Association as the representative of the employees in the classifications and assignments set forth in Section 1 above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other terms and conditions of employment are amended or changed.

Section 3. The City agrees that the representatives of the Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management 2 during said representatives’ normal working hours without suffering any loss in pay while absent from their duties for such purpose, providing that such time per person shall not be unreasonable. The City also agrees that such representatives may utilize not more than six (6) hours per month or seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are represented by the Association and/or other officers of the Association.

ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided to employees occupying all classifications represented by the Association. The monthly base salary increases shall be effective during the first full pay period in July of the following indicated years
1) Effective the first full pay period beginning after July 1, 20232025 Position Grade Increases
Police Records Supervisor 28 2.5%
Police Sergeant 37 2.5%
Police Lieutenant 41 2.5%
Police Captain 44 2.5%
2) Effective the first full pay period beginning after 1 July 1, 20242026 Position Grade Increases
Police Records Supervisor 28 2.53.0%
Police Sergeant 37 2.53.0%
Police Lieutenant 41 2.53.0%
Police Captain 44 53.0%
Section 2. Non-PERSable Lump Sum Payments During Term of Memorandum of Understanding.

The City shall make two one (21) Non-PERSable lump sum payments of $2,000 each (subject to applicable withholdings) on the following dates, to each bargaining unit members employed by the City on the date the payments are made. Payments will be made on the following dates: the first full pay period beginning after this MOU is approved by the City Council.
a. On the date that payroll is paid for the first pay period beginning after this MOU is ratified by both the City Council and the membership of the PMA; and b. On the date that payroll is paid for the first pay period beginning after August 31, 2024.

ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all employees represented by the Association for regular and periodic dues and benefit program premiums. The Association shall certify to the City the names of employees who 3 have authorized membership dues deductions, any employee who declines membership in the Association, and the amounts of dues deductions as they change from time to time.

Section 2. The City shall remit such funds to the Association within twenty-one (21) calendar days following the deductions.

ARTICLE 5. INDEMNIFICATION
The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to Article 4.

ARTICLE 6. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The City may exercise its management rights unilaterally without the obligation of meet and confer on the decision to exercise such rights. However, the City shall meet and confer on the impact and effects thereof pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law shall include, but not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy; b) To determine the existence or nonexistence of facts which are the basis of the Management decision;
c) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
d) To determine the nature, manner, means and technology and extent of services to be provided to the public;
e) To determine the methods of financing;
f) To determine the types of equipment or technology to be used; g) To determine and/or change the facilities, methods, technological means, and size of the work force by which the city operations are to be conducted;
h) To determine and change the number of locations, relocations and type of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City;
i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and standards;
k) To relieve employees from duties for lack of work, or funds, or similar nondisciplinary reasons; 4 l) To discharge, suspend. demote, or otherwise discipline employees for proper cause;
m) To determine job classification and to reclassify employees; n) To hire, transfer, promote and demote employees for disciplinary and nondisciplinary reasons; o) To determine and administer policies, procedures and standards for selection, training, and promotion of employees;
p) To establish employee performance standards including but not limited to, qualifications and quantity standards and to require compliance therewith; q) To maintain order and efficiency in its facilities and operations; r) To establish and promulgate and/or modify Rules and Regulations to maintain order and safety in the City which are not in contravention of this MOU;
s) To take any and all necessary actions to carry out the mission of the City in emergencies.

Section 2. Except in emergencies or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees represented by the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.

ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall be included under the Basic Compensation Plan. Every classification under this plan shall be assigned a monthly base salary grade adopted by the City Council.

The salary schedule shall consist of five (5) steps within each grade.

Section 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than normal entering salary step within the assigned grade upon the recommendation of the Chief of Police and approval of the City Manager when it is decided that such action is in the best interest of the City.

Section 3. The second step in the monthly base salary grade is a merit adjustment which may be given at the end of six (6) months of employment subject to the recommendation of the Chief of Police and approval of the City Manager.

Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an employee to improve his/her work and to recognize increased skill on the job.

Employees are normally eligible for these adjustments at any time after the completion of one (1) year of service at the preceding step. Each adjustment may be made subject to the recommendation of the Chief of Police and approval 5 of the City Manager.

Section 5. Classification and Compensation Study
During the term of this MOU, the City will conduct a classification and compensation study regarding the classification of Records Supervisor with a maximum cost to the City of $5,000.

ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES Section 1. In order to properly compensate an employee, advancement in salary shall be based on merit.

Section 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City.

Section 3. The Chief of Police and/or the employees’ immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Chief of Police and approval of the City Manager.

Section 4. An employee must be reviewed at least once every twelve (12) months from the effective date of his/her last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Chief of Police from denying the increase after evaluation, nor shall it prevent him/her from recommending special performance advancement in monthly base salary at any time when unusual or outstanding achievement has been demonstrated.

ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment – When an employee is promoted to a position with a higher monthly base salary grade, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received prior to promotion.

Section 2. Temporary Appointment – In special circumstances, when in the best interest of the City, the City Manager may approve a temporary assignment of an employee to a higher-level classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more, the employee shall be compensated at a step of the monthly base salary grade assigned to the new position that is closest to providing a five percent (5%) salary increase over the monthly base salary received immediately prior to the temporary appointment.

ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a classification with a lower maximum salary, such employee shall be assigned to 6 the appropriate monthly base salary step in the new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his/her previous anniversary date.
7 ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing monthly base salary adjusted to the same step in the new monthly base salary grade and their anniversary date shall not be changed. For example, an employee at “C” Step in the old salary grade shall be placed at “C” step of the new salary grade.

ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he/she shall not forfeit his/her medical health plans including dental, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits for any portion of the suspension that is disapproved.

ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance – Whether or not said sworn employee wears a traditional uniform, each sworn employee shall receive an annual uniform allowance of one thousand three hundred dollars ($1,300). The civilian position of Police Records Supervisor shall receive an annual uniform allowance of four hundred dollars ($400). Beginning July 1, 2024, a sworn employee, whether or not said sworn employee wears a traditional uniform, shall receive an annual uniform allowance of one thousand five hundred dollars ($1,500) effective the first payroll period following July 1st of each fiscal year. An officer assigned as a motor officer shall receive an additional annual uniform allowance of three hundred dollars ($300) effective the first payroll period following July 1st of each fiscal year.

The civilian position of Police Records Supervisor shall continue to receive an annual uniform allowance of four hundred dollars ($400).

Section 2. Safety Equipment – The City shall provide the initial issue of uniforms to include two (2) pants and two (2) shirts and, for sworn employees utility equipment to include weapon, safety helmet, baton, and other safety equipment as required by law or deemed necessary by the City. The City shall replace and/or repair any equipment damaged within the course and scope of the employees’ employment. Recurring maintenance, repair, and/or replacement due to normal wear shall be responsibility of the employee.

Section 3. Temporary Assignment Pay
A. The City shall provide a special assignment pay enhancement, which recognizes multiple tours of duty to a maximum of five percent (5%) of base salary as follows with the express understanding that the standard departmental rotational requirements shall apply:
8 1. Special assignment pay may only be paid for one position and cannot be combined with any other positions (i.e. a detective currently assigned to the SWAT team will only receive a total of five percent (5%) of base salary special assignment pay at any one time.

2. Special assignment pay lasts only through the term of the assignment.

3. The following list of assignments shall be considered special assignments:
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
Section 4. Deferred Compensation

1. The City contributes twenty dollars ($20) per payroll period into a deferred compensation program for the Police Records Supervisor position.

ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which arises out of the course of his/her employment and not contiguous with his/her work shift shall be compensated for a minimum of two and two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times the employee’s base hourly rate of pay. Should the appearance exceed two and two-thirds (2-2/3) hours, an FLSA exempt employee shall receive pay for the actual appearance time, excluding any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Should the appearance exceed two and twothirds (2-2/3) hours, a non-FLSA exempt employee shall receive pay for the actual appearance time, including any court designated lunch period, at the rate of one and one-half (1-1/2) times the employee’s regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court.

Section 2. Any appearance that is contiguous with a regular work shift is not subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is contiguous with a regular work shift is not subject to the one and one-half (1-1/2) time rate unless the court appearance otherwise qualifies as overtime under this MOU.

Section 3. All employees agree to comply with the “on-call” policies administered by the Department. Should an officer be placed “on-call” during off duty hours for court appearance(s), he/she shall be granted two (2) hours pay at the employee’s base hourly rate of pay for any “on-call” time prior to twelve o’clock (12:00) noon and two (2) hours for all “on-call” time after twelve o’clock (12:00) noon.
9 ARTICLE 15. CALL-BACK
Section 1. Employees who are called back to duty after having completed a normal shift or work day assignment and departed from the work premises shall be paid one and one-half (1-1/2) times the employee’s base hourly rate of pay for each hour worked on call-back. The number of hours calculated at one-and-onehalf (1-1/2) times shall not be less than four (4) hours. Should a call-back exceed four (4) hours, the employee shall receive pay for the actual call-back time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Callback time shall commence from the time the employee is called back to service.

Section 2. Employees who are off duty and respond for departmental training, qualification or meetings shall be compensated a minimum of two and two-thirds (2-2/3) hours per incident. This time shall be calculated at one and one-half (1-1/2) times the employee's base hourly rate of pay. Should the incident exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.

ARTICLE 16. STAND-BY PAY
Section 1. Police Sergeant(s) and Lieutenants may be assigned by the Chief of Police to “stand-by” status.

Section 2. Police Sergeants and Lieutenants required to be on stand-by shall be eligible to accrue up to a maximum of eight (8) hours of stand-by leave per month, subject to the following limitations. During any such month when an employee is required to be on stand-by for less than the entire month, the maximum number of stand-by leave hours accrued shall be reduced in an amount reflecting the pro-rated monthly time during which said employee is expected to be “on stand-by.” Such stand-by leave hours shall be maintained in the employees’ Stand-by Leave banks. The parties encourage employees to use their stand-by leave within two (2) months after it is accrued. The employees may not have an accumulated balance of more than twenty-four (24) hours of stand-by leave at any time. If an employee’s stand-by leave balance reaches twenty-four (24) hours, his/her accrual of stand-by leave shall cease. The employee’s accrual of stand-by leave shall not begin again until the employee's accumulated stand-by leave balance falls below twenty-four (24) hours.

Section 3. Police Captains shall be eligible to accrue up to a maximum of ninety-six (96) hours of administrative leave on July 1st of each year, subject to the following limitations. Such administrative leave hours shall be maintained in the employees’ Administrative Leave banks. The parties encourage employees to use their administrative leave during the fiscal year (July 1st through June 30th) in which it is accrued. An employee may not have more than ninety-six (96) hours of administrative leave on the books at any time. If an employee does not use all of his/her administrative leave within the fiscal year in which the employee accrued it, he/she will not accrue the maximum number of administrative 10 leave hours in the next fiscal year. Instead, the employee will only earn that number of administrative leave hours, on July 1st of each year that will bring the employee’s balance of administrative leave hours up to the maximum number. Because administrative leave cannot be removed from an employee once earned, and the parties do not want employees to have more administrative leave on the books than would be received within the current fiscal year, any hours of administrative leave carried over at the end of the fiscal year results in the employee being unable to accrue that same amount of administrative leave in the next fiscal year. Thus, for example, if an employee uses only eighty (80) hours of administrative leave during a fiscal year and carries over sixteen (16) hours of administrative leave to the next fiscal year, that employee will only accrue eighty (80) hours of administrative leave on July 1st, bringing the employee’s administrative leave balance, on July 1st, up to the ninety-six (96) hours maximum.

ARTICLE 17. MOVIE DETAIL
Section 1. F L S A e x e m p t e mployees shall be paid seventy dollars ($70) per hour for outside movie details. Non-FLSA exempt unit employees shall be paid 1.5 times their regular rate of pay for outside movie details. It is understood that time spent on movie detail is brokered outside work and is not considered time worked for the purpose of calculation City overtime compensation.

ARTICLE 18. EXPERIENCE PAY
For Employees Hired On or Before June 30, 2010:

Section 1. Employees represented by the Association with years of fulltime service as a sworn peace officer with a Municipal, County, or State Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or their equivalent, shall be eligible to receive experience pay as set out below.

Section 2. Experience pay – Ten (10) Years of Service – At ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee’s monthly base salary.

Section 3. Experience pay – Twenty (20) Years of Service – At twenty (20) years of qualifying service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

Section 4. Experience pay -- Twenty-five (25) Years of City of Seal Beach Service – At twenty-five (25) years of City of Seal Beach Service (only service with the City of Seal Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

Section 5. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such 11 an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

For Employees Hired On or After July 1, 2010:

Section 6. Employees represented by the Association with years of full-time service as a sworn peace officer with the City of Seal Beach shall be eligible to receive experience pay as set out below.

Section 7. Experience pay shall be as follows:

A. At ten (10) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's monthly base salary.

B. At twenty (20) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of ten percent (10%) of the qualified employee’s monthly base salary.

C. At twenty-five (25) years of City of Seal Beach sworn peace officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the qualified employee’s monthly base salary.

Section 8. Experience pay is not cumulative. Thus, an employee will only receive the highest level of experience pay for which the employee is qualified. For example, an employee reaching twenty (20) years of service as a sworn peace officer with the City of Seal Beach, stops receiving the five percent (5%) level of experience pay and begins receiving only the ten percent (10%) level of experience pay. Such an employee does not receive both the five percent (5%) level and the ten percent (10%) level, at the same time.

Section 9. For Non-Sworn Employees:

Non-sworn employees represented by the Association with ten (10) years or more of consecutive Seal Beach service shall be eligible to receive experience pay under only Section 2, above. Section 3, 4, and 7 do not apply to non-sworn employees represented by the Association.

ARTICLE 19. EDUCATION INCENTIVE PAY
Section 1. Forty-five (45) Semester Units of College Credits – Employees covered by this Article who have completed forty-five (45) semester units of credit from an accredited college or university with at least sixteen (16) units in the field of Police Science shall receive three hundred dollars ($300) per month in addition to his/her monthly base salary. This Article is only applicable to sworn employees in the bargaining unit represented by the Association. Non-sworn employees represented by the Association are not eligible for Education Incentive Pay.
12 Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T. Certification - Employees covered by this Article who have completed sixty (60) semester units of credit from an accredited college or university with at least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.

Intermediate Certificate shall receive four hundred dollars ($400) per month in addition to his/her monthly base salary.

Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T. Certification - Employees covered by this Article who have completed BA/BS Degree from an accredited college or university with at least twenty-two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced Certificate shall receive five hundred dollars ($500) per month in addition to his/her monthly base salary.

Section 4. The Education Incentive payment compensation shall be based on achievements over and above the job requirements established in the position classification plan for each classification. Payment to employees shall be based on the highest achievement level only; e.g., employees with an Associate’s and Bachelor's degree will receive compensation for the Bachelor's degree only.

Section 5. Employees receiving Educational Incentive pay shall not lose that pay if he/she is promoted to a classification which required the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the MOU, employees receiving educational incentive pay will not be affected by such change and will not result in any loss of such incentive pay.

Section 6. All payments under this Article are subject to verification and approval by the City Manager.

ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs - Unit members attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of fulltime, undergraduate enrollment.

Reimbursement is contingent upon the successful completion of the course.

For any course that could be taken for a letter grade, it must be taken for a letter grade and successful completion means a grade of “C” or better for 13 undergraduate courses and a grade of “B” or better for graduate courses. For any course that can only be taken for a grade of “credit” or “no-credit”, successful completion means a grade of “credit”. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T. courses attended on duty.

Example 1: Officer A attends California State University, Long Beach, for the Spring 2024 semester and completes two (2) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2023-2024 State University Tuition $ 1,764.00 (0-6 units) Required University Fees $ 647.00 (approx.) Parking
$ 300.00
Books $ 535.00 (approx.) TOTAL
$ 3,246.00
Example 2: Officer B attends California State University, Long Beach, for the Spring 2024 semester and completes three (3) 3-unit undergraduate courses with a grade of “C” or better. The tuition reimbursement would be calculated as follows:
2023-2024 State University Tuition $ 3,042.00 (6.1 or more units) Required University Fees $ 647.00 (approx.)
Parking $ 300.00
Books $ 535.00 (approx.) TOTAL
$ 4,524.00
B. Professional Conventions and Conferences - Unit members who attend job related conventions and conferences that are not sponsored by the Department may submit for reimbursement under the tuition reimbursement program for the cost of enrollment. Attendance of conventions and conferences must be job related and preapproved by the Chief of Police. The cost of travel, sustenance, and lodging is not reimbursable under tuition reimbursement per IRS Publication 970.

ARTICLE 21. PHYSICAL FITNESS AND HEALTH WELLNESS PROGRAMS The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit A to this MOU.

Beginning July 2024, the City shall reimburse all unit employees, as a medical benefit, for the Employee’s actual documented expenses for medical maintenance exams or the cost of participation in wellness programs, in an amount not to exceed $400 per fiscal year, subject to the City’s normal reimbursement processes and requirements for such expenses. Reimbursable expenses shall include, but not be limited to, actual out of pocket expenses for annual physical examinations or other medical tests or examinations, participation in weight loss, stop smoking, fitness or other similar programs, or membership in a health or fitness club.
14 ARTICLE 22. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees attending approved training programs. Expenses include registration fees and the costs of purchasing required course materials, travel to and from the training course, meals and lodging shall be reimbursed per the City’s adopted Per Diem policy.

Section 2. When an employee is sent by the City to a training program which is not a part of his/her regular work schedule, the employee shall receive eight (8) hours pay for each full day of training and such eight (8) hours pay shall be credited towards the computation of overtime.

ARTICLE 23. HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:

Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans’ Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year’s Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents’ Day (3rd Monday in February)
Section 2.

Memorial Day
Floating Holidays
(Last Monday in May)
The City will also recognize two (2) floating holidays each fiscal year for sworn employees in the bargaining unit. The City will also recognize one (1) floating holiday each fiscal year for non-sworn employees in the bargaining unit. Each unit sworn employee shall be eligible to accrue up to a maximum of two (2) floating holidays on July 1st of each year, subject to the following limitations. non-sworn employee shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1 st of each year,
subject to the following limitations. The floating holidays shall be taken, or cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued. A sworn employee may not have more than two (2) floating holidays on the books at any time. A non-sworn employee may not have more than one (1) floating holiday on the books at any time. If an employee does not use, or cash out, all of his/her floating holidays within the fiscal year in which the employee accrued them, he/she will not earn the maximum number of additional floating holidays in the next fiscal year. Instead, the employee will only earn that number of floating holidays, on July 1st of each year that will bring the employee’s balance of floating holidays up to the maximum number. Thus, for example, if a sworn employee uses, or cashes out, only one floating holiday during a fiscal year, that sworn employee will only accrue one additional floating holiday on July 1st of the 15 following fiscal year, bringing the sworn employee’s floating holiday balance up to two (2) floating holidays. The parties encourage employees in the unit to use their floating holidays. Since floating holidays cannot be removed from an employee once earned, and the parties do not want employees to have more floating holidays on the books than would be received within the current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in the employee being unable to earn that holiday(s) in the next fiscal year.

The date on which a floating holiday will be used may be individually selected by the employee subject to the approval of the Chief of Police. Approval will not normally be granted if it would require the Department to backfill the employee’s position at time-andone-half to maintain necessary staffing/deployment levels. A floating holiday cannot be used on any of the designated holidays recognized by the City or on another floating holiday. To request to use, or cash out, a floating holiday, an employee must submit a completed “Request for leave/overtime and special pay report”. Beginning in December 2024 , and each December thereafter, floating holidays may be cashed out only pursuant to the irrevocable election process described in Article 36, Vacation.

The past practice of the City in permitting the stacking of floating holidays is specifically eliminated by the above language.

Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. When a holiday falls on a day that a non-sworn employee performs no work (whether the day is the employee’s scheduled work day or not), the employee shall be paid ten (10) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay. The “regular rate of pay”, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following eligible special compensation for the employee, longevity, POST, temporary assignment, standby, bilingual, shift differential, cafeteria cash in-lieu (including any cash payments for opting out) and City contribution to 457 plan.

To the extent that the parties omitted from the list above any elements of the FLSA regular rate, the parties shall promptly meet and confer for the purpose of amending the list of included items to replicate the FLSA regular rate. The parties’ intent of creating the list above in this MOU is to comply with CalPERS requirements, not to change the manner of paying holiday pay.

B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday falls on a day that a sworn employee performs work (whether the day is the employee’s scheduled work day or not), the employee shall be paid as follows:

1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid “hardship” pay as follows:
16 a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours, and
c. Pay for the number of hours of work the employee actually performed on the holiday, at the employee’s base hourly rate of pay.

Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
6 hours hardship pay base hourly rate

2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or New Year’s Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the employee’s regular hourly rate of pay as per Section 3A, and b. Pay for the number of hours of work the employee actually performed on the holiday, at the rate of pay otherwise specified in this MOU for such work hours.

Example 2: Officer B works eight (8) hours on Veterans’ Day. Officer B would earn pay computed as follows:

Hours Pay Rate

12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a designated hardship holiday when in fact said employee did not work on the designated hardship holiday is specifically eliminated by the above language.

Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non- FLSA compensatory time at the rate of one hour of hardship pay converting to one hour of time off or to one hour of non-FLSA compensatory time.
17 ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe benefit program that now exist or may exist in the future during the term of this MOU, unless otherwise specified within this MOU.

Any changes in benefits associated with a change in insurance carrier or administrator may only be accomplished during the term of the MOU by agreement of the parties, except in cases of emergency. In an emergency, the City may make a change in order to avoid loss of coverage for employees, and subsequently negotiate effects.

ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of the MOU, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this MOU.

ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive calendar days, unless specifically provided for within this MOU, authorized by the City Manager, or otherwise provided for by federal or state “Family Leave Acts” and/or “Workers’ Compensation” requirements.

Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this MOU for any employee who has been absent without authorization during said month, suspended without pay, or who has terminated from City employment unless specifically provided for within this MOU.

ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage
A. “Health Care Coverage”
The City shall contribute an equal amount towards the cost of Health Care coverage under PEMHCA for both active sworn employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective January 1
st
, 2024 2026 the City’s
contribution under PEMHCA shall be one hundred f i f t y s e v e n s i x t y t w o dollars ($162157).
18 Beginning January 1, 2024 tThe monthly flex dollar allowance shall be:

A portion of the flex dollar allowance ($16257 in 20242026) is identified as the City’s contribution towards PEMHCA. The PEMHCA contribution will be subject to change as the PEMHCA minimum contribution increases. Remaining flex dollars will be used by employees to participate in the City’s health plans.

B. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group Health Care plans offered by CalPERS.

C. Employees who elect not to participate in the full flex cafeteria plan may receive three-hundred and fifty dollars ($350) per month (upon showing proof of group health insurance coverage (not including insurance through Covered California or other exchange) for the employee and their immediate tax family providing minimum essential coverage. Election forms are available in Human Resources and must be completed annually in order to receive the opt out payments.

Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service or disability) who is hired after August 1, 1983 and on or before December 31, 2007, and retires after December 31, 2009, and who has attained the age of fifty (50) the following group Health Care insurance benefits:

1. If the employee has fifteen (15) or more years of full-time City of Seal Beach service, the City shall pay for such sworn retired employee at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

2. If the employee has twenty (20) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and one dependent, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

The City shall implement a full flex cafeteria
plan for eligible employees in accordance
with the criteria provided to the employees
during negotiations. For employees
participating in the City’s full flex cafeteria
plan, each employee shall receive a monthly
flex dollar allowance to be used for the
purchase of benefits under the full flex
cafeteria plan. Calendar Year
20245
For single employees: $1,399.06
For employee +1 dependent: 166.99 $2,161.99
1,803.384

54.41 For employee + 2 or more dependents: $2,795.89
332.12
19 3. If the employee has twenty-five (25) or more years of full-time City of Seal Beach service, the City shall pay such retired employee and dependents, depending on the qualified dependent status, the group health care insurance premium at the rate of (a) the average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City’s contribution will be capped at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is greater.

B. The City shall provide to any sworn retired employee (either service or disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time City of Seal Beach service and has attained the age of fifty (50) the following group Health Care insurance benefits:

1. The City shall contribute at the minimum rate under
PEMHCA as mandated by CalPERS.

C. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree.

D. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement.

ARTICLE 29. LIFE INSURANCE
The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of seventy-five thousand dollars ($75,000), and non-sworn with a face value of fifty thousand dollars ($50,000), double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent.

ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100%) of the premium for the “employee’s longterm disability insurance plan with an income continuation of not less than sixty-six and two-thirds percent (66-2/3%) of the employee’s monthly base salary, subject to caps and eligibility requirements as set forth within the policy of the accepted carrier.

Modifications to the plan shall be made only after the City has met and consulted with the Association.

ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre-tax deduction) for health, dental and child care expenses. This plan will allow for payroll deduction from the employee’s salary as designated by the employee for the purpose of participation. The maximum contributable dollar amount and plan year length is administered and determined by the Human Resources at the direction of the City Manager.
20 ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer for sworn unit members. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of corrective treatment.

Physical Exam Schedule:

New Employee 2nd year following appointment
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
Section 1.

A. The City shall make contributions for the public safety personnel covered by this MOU to the PERS plan known as three percent at fifty (3% @ 50) with those benefit options as provided for in the contract between the City and PERS for employees defined by the Public Employees’ Pension Reform Act (PEPRA) as “classic members” (meaning those persons who were members of PERS or a reciprocal California public pension plan as of December 31, 2012).

B. New employees/members hired on or after January 1, 2013 as defined by PEPRA will be hired at the retirement formula in accordance with PEPRA and other legislation. New members entering membership for the first time in a Police Safety classification shall be eligible for the two-point seven percent at fifty-seven (2.7% @ 57) retirement formula for Local Safety members. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. In no event shall the City make contributions to the PERS plans for new members.

C. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS.

Section 2. The City shall make contributions for the non-sworn personnel covered by this MOU to the PERS plan known as two percent at fifty-five (2%@55) with those benefit options as provided for in the contract between the City and PERS. New members entering membership for the first time as non-sworn personnel shall be hired at the retirement formula in accordance with PEPRA and other legislations. Modification(s) to the contract shall be made only after the City has met and conferred with the Association and such modification(s) made a part of the contract between the City and PERS consistent with the requirements of PERS. 21 ARTICLE 34. HOURS OF WORK – WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14) consecutive days). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules:

1. "Three-Twelve" - three (3) consecutive three (3) day work weeks consisting of three (3) twelve (12) hour and twenty (20) minute workdays followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (1) twelve (12) hour work day.

2. "Four-Ten" - a work week consisting of ten (10) hours/day, four (4) days/week.

3. "Five-Eight" - a work week consisting of eight (8) hours/day, five (5) days/week.

Section 2. Three-Twelve Work Schedule
A. The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of days worked in a workweek pursuant to A.1. above.

B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during the forty-nine (49) hour work week of the work period will be considered regular straight time hours for the intention to report forty (40) hours of regular hours during a workweek.

Section 3. Reporting to California Public Employees’ Retirement System (PERS) - All regular hours worked, regardless of work schedule, shall be reported to PERS.

ARTICLE 35. OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel A. Three-Twelve Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off.

B. Four-Ten Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off.

C. Five-Eight Workweek
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in Article 34, Section 1.A. or time worked on scheduled days off. 22 Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or compensatory time at the rate of one-and-one-half (1-1/2) times the base hourly rate of pay.

B. In computing overtime for a work period, time absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time deemed to have been worked.

Section 3. Compensatory Time - Employees may elect to receive compensatory time in lieu of pay for overtime subject to A. and B. below.

A. Should an employee desire to take compensatory time off, he/she shall provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll cycle), and file a written request with the Chief of Police. The Chief of Police shall grant compensatory time off based on departmental manpower needs. If an employee fails to provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of Police, the Chief of Police shall consider the request for compensatory time off and has discretionary authority to grant or deny the request.

B. Employees s h a l l be permitted to accumulate a maximum of seventyfive (75) hours of compensatory time. An employee who has accumulated seventy-five (75) hours of compensatory time will be reimbursed within the pay period earned for any overtime in excess of seventy-five (75) hours maximum.

C. An employee may, upon written request submitted to and approved by the City Manager, receive reimbursement for the requested number of hours of accumulated compensatory time below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee’s written request has been approved by the City Manager.

Section 4. Approval f o r Overtime - In order for an employee to earn compensation for overtime, he/she must receive a supervisor’s or the Chief of Police’s approval. Overtime worked to meet an emergency situation does not require advance approval but shall be certified by the Chief of Police before being credited to the employee’s record.

ARTICLE 36. VACATION
Section 1. Eligibility – All regular full-time employees having completed one (1) year of continuous service with the department and annually thereafter, shall be eligible for a paid vacation at their then existing rate of pay.

Section 2. Accrual – Vacation hours are accrued as follows:

A. Vacation leave is accumulated yearly and is computed on the basis of the employee’s hire date as a regular full-time or probationary employee. 23 B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or regular employee to the anniversary date concluding the full year of the designated year.

C. All eligible unit employees hired after February 1, 1998, will accrue vacation leave by the following schedule:

Years Of Hours Max. Hourly Accrual Annual
Service Earned Rate/Pay Period Bi-Weekly Vacation Hours 0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15-19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998, shall accrue vacation leave by the following schedule:

Years Of Hourly Accrual Rate Annual
Service Per Pay Period Accrual Rate
0-5 Years 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10-15 6.154 160 hours
16+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four hundred (400) hours. If the needs of the service require that an employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty-six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager.

B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum.

C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to the maximum under this section. Should the employee reach maximum accumulation, the City shall cash out the equivalent hours that the employee has taken for vacation during the fiscal year. Should the employee reach maximum again after the cash out while still on IOD or leave, accruals shall cease.
24 Section 4. Use of Vacation – Vacation is granted as follows:

A. The time at which an employee’s vacation is to occur shall be determined by the Chief of Police with due regard for the wishes of the employee and particular regard for the needs of the service. When an employee uses accrued vacation for leave, the vacation hours used shall come from the oldest accrued hours first.

B. Employees w h o have completed two (2) years or more of continuous service may elect to be paid for up to a maximum of eighty (80) hours of accumulated vacation up to twice per calendar year. Beginning in December 2024, and in each December thereafter, employees eligible to cash out vacation hours and who wish to convert vacation hours to salary, may do so only by making an irrevocable election in writing of the number of hours they will accrue in the next calendar year that they choose to cash out. Employees who make the irrevocable election may choose to receive the cash out in July and/or December. The maximum cash out that can be elected to be paid out in July and/or December is limited by the employee’s accrued and unused vacation earned in the calendar year available for cash out on the date of cash out. All cash-out of vacation pursuant to this provision is from hours earned in the current calendar year.

C. The City shall have a form available for employees to make this irrevocable election and for employees to request an exception to the irrevocable election requirement for unforeseeable emergencies occurring after the election window period. The request for an exception is subject to the City Manager’s approval. The City’s decision on a request for an exception shall not be subject to the grievance procedure.

Section 5. Vacation Payment at Termination – Employees terminating employment shall be paid in a lump sum for all accumulated vacation no later than the next regular payday following termination. If the termination is due to death of the employee, the employee’s beneficiary designated on the City’s life insurance policy form in the employee’s personnel file shall receive the employee’s pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

Section 6. Vacation Accrual During Leave of Absence – No vacation shall be earned during any leave of absence without pay for each fourteen (14) day pay period of such leave.

Section 7. Prohibition Against Working for City During Vacation – Employees shall not work for the City during his/her vacation and thereby receive double compensation from the City.

ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay – Authorized Leave of Absence Without Pay is granted as follows:

A. Upon the Chief of Police’s recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, 25 for a period not to exceed ninety (90) working days.

B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year.

C. At the expiration of the approved leave of absence, after notice to return to duty, the employee shall be reinstated to the position held at the time the leave of absence was granted. Failure on the part of the employee to report promptly at such leave of absence’s expiration and receipt of notice to return to duty, shall be cause for discharge.

D. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits except as specifically provided for in this Memorandum of Understanding, except that the City shall contribute to an employee’s medical and dental health plan, disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the leave of absence.

ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is absent from work without City approval. Unless subsequently approved, such absence will result in a deduction from the employee’s pay of an amount equivalent to the time absent.

Employees taking unauthorized absence may be subject to disciplinary action, up to and including termination of employment.

ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of paid bereavement leave, plus an additional twenty-two (22) additional unpaid hours by the reason of the death in their family which shall be restricted and limited to immediate family by reason of biology, marriage, or adoption, or all degree of relatives not listed but living within the household of the employee. Family covered by this provision:
 Spouse or Registered Domestic Partner
 Parent (means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child).
 Father and Mother In-Law (means a parent of an employee’s spouse or domestic partner as defined in this section).
 Grandparent (means a parent of the employee’s parent, as defined in this section).  Sibling (means a person related to another person by blood, adoption, or affinity through a common legal or biological parent).
 Child (means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.)  Grandchild means a child of the employee’s child as defined in this section)  All degree of relatives not listed but living within the household of the employee
26 Employees may use any of their accumulated leave balances to receive pay during the additional twenty-two (22) hours of unpaid bereavement leave.

ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken.

Whenever possible, the employee involved shall notify the Chief of Police of such leave request ten (10) working days in advance of the beginning of the leave.

Section 2. In addition to provisions of State law, the City shall continue to provide eligible employees on military leave the current health benefits (medical, dental, disability, and life insurance) and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay the City the same copayments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his/her cost.

ARTICLE 41.

This article was intentionally left blank and has been reserved for future use.

ARTICLE 42. JURY DUTY
Section 1. Jury Duty is granted as follows:

A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City’s Department of Finance. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be returned to the employee by the Department of Finance.

B. If the sum of the employee’s jury duty responsibility is less than a full work day, the employee shall contact his/her supervisor as to the feasibility of returning to work that day.

ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one-third (12- 1/3) hours per calendar month for each calendar month that the sworn employee has worked regularly scheduled hours and/or has been on authorized leave which provides for full pay, for at least fifteen (15) working days in that month.

B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior to July 1, 1985, will be placed into the established sick leave bank at the rate of 27 twelve and one-third (12-1/3) hours per calendar month for each calendar month that the employee has worked regularly scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City.

C. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

D. There is no limit on the amount of sick leave that an employee may accumulate.

E. An employee may be paid for unused sick leave pursuant to the following:

1. Employees who have not completed fifteen (15) years of services with the City will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave be used to postpone the effective date of retirement as determined by the City.

2. Upon separation from the City, employees who have completed a minimum of fifteen (15) years of service with the City shall have the choice to:
a) Be paid for the accumulated sick leave up to twenty percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours workdays and report to CalPERS for service credit.
c) Or any combination of pay and service credit (maximum twenty percent [ 20%] payout compensation of total/accumulated sick leave bank at the time of separation).
d) Compensation shall be at the employees’ final hourly rate of pay. e) Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City.

3. Employees employed prior to July 1, 1985, who are retired because of work-related disabilities will be paid all of their accumulated sick leave at their final base hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set forth in Section 1.B above, and is not eligible for this payout provision.

Section 2. Sick Leave During Vacation – An employee who becomes ill while on vacation may have such period of illness charged to his/her accumulated sick leave provided as follows:

A. Immediately upon return to duty, the employee submits to his/her supervisor a written request for sick leave and a written statement signed by his/her physician describing the nature and dates of the illness.

B. The Chief of Police recommends and the City Manager approves the granting of such sick leave.
28 Section 3. Extended Sick Leave – In the event of an employee’s continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided:

A. The employee has used all accumulated sick leave.

B. The employee presents to his department head for referral to and consideration by the City Manager, a written explanation of the employee’s illness and an estimate of the time needed for recovery signed by the employee’s physician.

C. Prior to resuming his/her duties, the employee may be required to take a medical examination at City expense and provide a medical release to return to work from the employee’s physician as prescribed by the City Manager. The employment record and the results of such examination shall be considered by the City Manager in determining the employee’s fitness to return to work.

D. The maximum period of such leave shall be ninety (90) calendar days. If the employee desires an extension, he/she shall follow, prior to the termination of the initial leave, the procedure described in Section 3.B above.

Section 4. General Sick Leave Provisions – Sick leave shall not be granted for disability arising from any sickness or injury purposely self-inflicted or caused by an employee’s own willful misconduct and negligence.

Section 5. Fitness for Duty - The Chief of Police may require employees to present proof of physical fitness for duty for sick leaves in excess of f i v e (5) consecutive working days.

Section 6. Accrual and Payment-Non-Sworn Positions
A. All full-time non-sworn employees covered by this section shall accrue sick leave at the rate of ten (10) hours per month. The maximum of sick leave hours shall be 520 hours.

B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only.

C. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee’s base hourly rate of pay. Existing sick leave balances, which have remained intact and have not been converted to leave time, will be paid to the employee upon termination at one-quarter (25%) of the employee’s base hourly rate of pay.

D. Non-Sworn Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence.

Section 7. The S i c k Leave during Vacation and Extended Sick Leave provisions in above Section 2 and 3 is also applied to the position of Police Records Supervisor.
29 ARTICLE 44. CATASTROPHIC LEAVE
Section 1. Establishment – A Catastrophic Leave Program for the Association was established which allows donation of paid time for employees represented by the Association.

Section 2. Purpose – The purpose of the Catastrophic Leave Pool is to enable full-time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no remaining leave bank balances and who will suffer a financial hardship due to prolonged illness or injury to themselves, or a member of their immediate family. Sick Leave is excluded from this program. The conditions of this program are as follows:

A. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident.

B. The leave pool shall be administered by the Finance Department.

C. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave.

D. Employees receiving Long-Term Disability payments may participate in this program, but may not receive combined payments that would exceed their normal take home pay.

E. All donations are to be confidential, between the donating employee and the Finance Department.

F. Employees donating to the pool must have forty (40) hours of paid leave available after making a donation.

G. Donating employees must complete a Catastrophic Leave Program form with a signed authorization and includes specifying the specific employee to be a recipient of the donation.

H. Donations will be subject to applicable tax laws.

I. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

J. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician’s Statement that the presence of the employee is necessary.

K. Catastrophic Leave due to illness or injury of the employee will require medical justification as evidenced by a Physician’s Statement as to the employee’s ability to perform normal duties.
30 ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)
Family L e a v e (FMLA/CFRA) request procedures are established by City Manager Administrative Directive, Section 200-21 and are incorporated herein by reference, and shall govern.

ARTICLE 46. ON-THE-JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the course of their duties as public safety employees of the City shall be entitled to the benefits of California Labor Code, Section 4850, as the Section now exists or is hereinafter amended.

Any payment made pursuant to this section shall not be charged as sick leave; sick leave and vacation benefits shall accrue during the period of disability pursuant to the provisions of California Labor Code, Section
4850.

ARTICLE 47. OFF-THE-JOB INJURY
An e m p l o y e e injured outside of his/her service with the City shall be compensated through the disability insurance plan provided by the City.

ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and shall govern. If there is a conflict between the Personnel Rules and Regulations and a specific provision of this MOU, the MOU provision shall be applied.

Section 2. The Association and the Union agree that all City Council Policies and City Manager Administrative Directives are incorporated herein by reference, and shall continue to govern.

ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period – Regular full-time appointment is granted as follows:

A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service.

B. When unusual circumstances merit the extension of the probationary period, the Chief of Police shall request in writing for the approval of City Manager. Said extension shall not exceed one hundred eighty (180) calendar days. Human Resources shall notify the Chief of Police and the probationer concerned no less than two weeks prior to the termination of any probationary period.

C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with Human Resources a statement in writing that the retention of the 31 employee is desired. No actions changing an employee’s status from probationary to regular full-time shall be made or become effective until approved by the City Manager.

Section 2. Objective of Probationary Period – The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of the Department.

Section 3. Employee Performance Appraisal – Appraisal are conducted as follows:

A. Each probationary employee shall have his/her performance evaluated at the end of each three (3) months of service or at more frequent intervals when deemed necessary by the Chief of Police. Permanent employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by Human Resources.

B. The written appraisal report of an employee’s performance evaluation shall be filed in triplicates, the original to be filed with Human Resources and made a part of the employee’s personnel records, one copy to be retained by the Department, and one copy to be given to the employee.

Section 4. Rejection of Probationary Employee – A probationary employee can be rejected as follows:

A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with the approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive actions as may be provided by law. Notification of rejection in writing shall be served on the probationary employee and a copy with Human Resources. A termination interview may be conducted with each rejected probationer.

B. An exception will be applied where the probationary employee’s job termination or dismissal is based on charges of misconduct which stigmatizes his/her reputation or seriously impairs his/her opportunity to earn a living, or which might seriously damage his standing and association in this community. Where there is such a deprivation of a “liberty interest,” the employee shall be given pre-disciplinary procedural due process as defined in the City of Seal Bach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure.

ARTICLE 50. LAYOFF PROCEDURES
The p o l i c y for layoff procedures in the City of Seal Beach’s Rules and Regulations are incorporated herein by reference, and shall continue to govern. 32 ARTICLE 51. MOU REOPENERS
Section 1. The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State Agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU, in order to comply with State or Federal laws.

ARTICLE 52. CELL
PHONES.

This article was intentionally left blank and has been reserved for future use.PMA Members are eligible to receive forty-five dollars ($45) per pay period cell phone allowance. Members will provide their own phone/plan for use on City business.

ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services.

Section 2. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to disciplinary action up to and including discharge.

Section 4. In the event that any one or more officers, agents, representatives or members of the Association engage in any of the conduct prohibited in Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that they must immediately cease engaging in conduct prohibited in Section 1 above and return to work.

ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances if the City Manager or his/her designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the 33 emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.

ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect.

ARTICLE 56. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and phrases of this Memorandum of Understanding are severable, and if any phrase, clause, sentence, paragraph or section of the Memorandum of Understanding hereby adopted shall be declared unconstitutional or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Memorandum of Understanding.

ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of duly authorized representatives of the Association. Following such ratification, approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council.

For the CITY OF SEAL BEACH: For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:

Date:__________________________ Date:

Jill R. IngramPatrick
Gallegos, City Manager
Captain, Nicholas Nicholas, PMA
President
Patrick GallegosBarbara Arenado, Assistant City ManagerDirector of Finance 34 EXHIBIT A

SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM

INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.

Officers work out on their off duty time and may, depending upon availability of funds and staffing needs, in return receive compensation back to them after meeting the minimum requirements of the tests at the end of each six (6) month period. Officers may receive up to twenty (20) hours of vacation time by meeting the requirements of the test at the end of each six (6) month period. The maximum time each officer will be able to achieve is up to forty (40) vacation hours earned annually for as long as the officer continues successfully in the program.

ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctor’s release to allow you to participate in the program. A copy of the physical requirements of the physical fitness program should be reviewed by your doctor when obtaining your release. For details of the annual physical exam refer to Article 32 of the S.B.P.M.A.

M.O.U.

TESTING
Each officer participating will be tested every six months, specifically in the months of January and July. A minimum level has been established for each test.

Participants will have to move up a category or reach maintenance level indicated on each test by age group. At one (1) year and six (6) months, participants will be required to be at the maintenance level. Once the maintenance level has been attained, participants will have to maintain that level on subsequent tests. Testing each six (6) month period will validate the awarding of vacation time. Testing may be conducted during on-duty hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the testing.

ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours if they fail to meet the minimum standards for at least three of the five tests. 35 PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of Police. The Physical Fitness Committee is established to retain administrative control over the program. All committee members shall be active participants in the program. The committee will be responsible for examining problems and disputes that arise from the administration of the program. The committee will be the formal arbitrators on these matters.

VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness program as designed may contact the Physical Fitness Committee for program modification. Validated medical problems are those diagnosed by a physician as limiting participation in a certain activity.

REQUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
 Cardio Fitness
 Strength
 Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as necessary.

The tests used in this program to evaluate fitness in these areas will be:

Cardio fitness 1.5 Mile run
Strength Push-ups Sit-ups Pull-ups
Flexibility Forward Stretch

MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.

Any exercise workouts done under this program, i.e. weight lifting, contact sports, running, etc. would not be covered for benefits under Workers Compensation, The city will not provide blanket coverage for any injury which could conceivably be claimed under the pretext of participation in the Physical Fitness Program.

All employees must receive clearance from their personal physician prior to beginning program participation.
36 CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training Unit. The time needed to cover the distance is recorded and compared to the standards on the chart.

This test is an excellent indication of the condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.

Under 30 Below 30-34 Below 35-39 Below
Excellent 10:15 11:00 11:30
Good 10:16-12:00 11:01-12:30 11:31-13:00
Fair 12:01-14:30 12:31-15:00 13:01-15:30
Poor 14:31-16:30 15:01-17:00 15:31-17:30
Very Poor 16:31-Above 17:01-Above 17:31-Above
Maintenance Level 11:00 12:00 12:30
Minimum Level 14:30 15:15 15:30
40-44 Below 40-49 Below 50 + Below
Excellent 12:00 12:15 12:30
Good 12:01-13:30 12:16-13:45 12:31-14:30
Fair 13:31-16:00 13:46-16:15 14:31-17:00
Poor 16:01-18:00 16:16-18:15 17:01-19:00
Very Poor 18:01-Above 18:16-Above 19:01-Above
Maintenance Level 13:00 13:30 14:00
Minimum Level 15:45 16:00 16:45

STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and toes. A partner places his fist on the ground below the officer's chest. The officer must keep his back straight at all times and from the up position, lower him/herself to the floor until his chest touches his partner's hand and then push to the up position again. The officer can rest in the up position. The total number of correct push-ups are recorded and compared to the standards on the chart.

This test measures muscle endurance and a low level of muscle endurance indicates an inefficiency in movement and a poor capacity to perform work. This test measures mainly the muscles of both the chest and upper arm which are important in physical confrontations such as pushing, pulling, controlling, and handcuffing.
37 Under 30 30-39 40-49 50 +
Excellent 43 - 37 - 30 - 25 +
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-Below 2-Below 2-Below 1-Below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11

PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight in the beginning position with the feet off the ground. Officer must pull his body up to a position where his chin is above the bar for one repetition; the total number of correct pull-ups are recorded and compared to the standards on the chart.

In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down seventy percent (70%) of their body weight ten (10) times in order to achieve maintenance level.

Under 30 30-39 40-49 50 +
Excellent 9 & Above 7 & Above 6 & Above 5 & Above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & Above 2 & Above 1 & Above 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1

SIT-UPS
Officer starts by lying on his/her back, knees bent heels flat on the floor and arms folded across the chest. A partner holds the feet down. In the up position, the officer will touch his elbows to his knees and then return to the starting position, not placing their shoulder blades on the ground before starting the next sit-up. This is a continuous exercise, no resting. The total number of correct sit-ups are recorded and compared to the standards on the chart.

This test measures muscular endurance in the abdominal muscle group, an area of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems.
38 *1 CONTINUOUS MINUTE *
Under 30 30-39 40-49 50 +
Excellent 51 & Above 45 & Above 40 & Above 36 & Above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23 - 17 - 6 - 5 -
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15

FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his toes with his fingertips as far as he can. The distance above or below his heels is measured. The distance is recorded as plus or minus inches. Plus inches is below the heels and negative is above the heels. Compare the results against the standards on the chart.

Under 30 30-39 40-49 50 +
Excellent +10" & Below +9" & Below +8" & Below +7" & Below Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & Above -10" to 3.5" Very Poor -5" & Above -7" & Above -9.5 & Above -10.5"& Above Maintenance Level +5" +4" +1" 0"
Minimum Level 0" -2" -4" -5"
Agenda Item H

AGENDA STAFF REPORT
DATE: February 23, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Joe Bailey, Marine Safety Chief
SUBJECT: Accepting Grant Funds from the Orange County
Coastkeeper and California Coastal Conservancy and
Authorizing Execution of the Grant Agreement
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7741:

1. Accepting an award of grant funds in the amount of $47,897.33 from the Orange County Coastkeeper and the California Coastal Conservancy; and,

2. Authorizing the City Manager, or their designee, to execute the grant agreement, including any amendments and related documents, and to take all actions necessary to secure the grant funds and implement the approved grant; and,

3. Approving Budget Amendment BA #26-08-02 in the amount of $47,897.33.

BACKGROUND AND ANALYSIS:

In an effort to increase beach accessibility, the Marine Safety Department sought and successfully applied for two (2) grants to enhance access for individuals with mobility limitations.

The first grant award will fund the purchase and installation of new beach access mats at the1st Street beach area. The City currently provides beach access mats at the 8th and 10th Street parking lot access points. These mats are heavily utilized whenever deployed, demonstrating a clear need for additional accessible entry locations.

The second grant award will fund the purchase of a powered track wheelchair.

The Marine Safety Department currently maintains two (2) non-powered beach wheelchairs that require manual assistance to traverse the sand. These