Agenda packet — Seal Beach City Council, April 27, 2026 (part 1 of 3)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, April 27, 2026 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

LISA LANDAU
MAYOR
Third District

BEN WONG
MAYOR PRO TEM
Second District

JOE KALMICK
COUNCIL MEMBER
First District

PATTY SENECAL
COUNCIL MEMBER
Fourth District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).

In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• Recognition of Golden Age Foundation President Anna Derby • 57 Annual Professional Municipal Clerks Week Proclamation May 3-9, 2026
• American Red Cross Sound the Alarm Initiative
• SMART Goals Update
• Arbor Day Proclamation – April 30, 2026
• Recognition of Management Analyst Sean Sabo

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.

Emailed Comment from JO8N
Supplemental Communication from City Manager Gallegos

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

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

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

COUNCIL ITEMS

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

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Capital Improvement Program Budget Study Session, Closed Session and Regular City Council meetings held on April 13, 2026.

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

C. Monthly Investment Report (April 27, 2026) - Receive and file.

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

E. City Council Appointment - It is at the request of Council Member Kalmick that the City Council appoint Sherri Drum to the Citizen-Council Olympic Advisory Ad Hoc Committee.

F. Second Reading and Adoption of Ordinance 1726 Regarding City Parking Regulations - That the City Council conduct a second reading, by title only, and adopt Ordinance 1726 titled, “An Ordinance of the City Of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.”
G. Professional Services Agreement with Transtech Engineers, Inc. - That the City Council adopt Resolution 7758: 1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $472,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and, 2. Authorizing the City Manager to execute the Agreement.

H. Professional Services Agreement with Infinity Technologies - That the City Council adopt Resolution 7759: 1. Approving the Professional Services Agreement with Infinity Technologies for ongoing GIS support services for a two-year term in the not-to-exceed amount of $72,000; and, 2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City.

I. Agreement with Municipal Water District of Orange County for Water Loss Control Shared Services Participation - That the City Council adopt Resolution 7760 authorizing the City Manager to execute the Water Loss Control Participation Agreement with the Municipal Water District of Orange County.

J. Awarding and Authorizing a Professional Service Agreement with Environmental Compliance Inspection Services for Fats, Oils and Grease Inspection Services - That the City Council adopt Resolution 7761:

1. Approving and awarding a professional services agreement with Environmental Compliance Inspection Services in the amount of $52,575 to provide Fats, Oils and Grease Inspection Services for the original three (3) years in a not-to-exceed amount of $52,575; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $17,525 per additional term.

K. Approving and Authorizing the Purchase of a Mechanical Beach Cleaner for Coastal Grooming and Beach Maintenance, and Budget Amendment BA #26-10-02 - That the City Council adopt Resolution 7762: 1. Authorizing the purchase of one (1) Barber Surf Rake for coastal grooming and beach maintenance in the not-to-exceed amount of $90,171.25; and, 2. Authorizing and directing the City Manager to approve a purchase order and any necessary related documents for the coastal grooming equipment purchase; and, 3. Approving Budget Amendment BA #26-10-02 in the amount of $90,171.25; and, 4. Authorizing the City Manager to surplus existing equipment upon the completion of the new equipment purchase.

L. Approving and Authorizing the Purchase of Three (3) Portable Standalone Pumps for Emergency Storm Event Response and Sewer Bypass Operation - That the City Council adopt Resolution 7763: 1. Finding that the purchase of three (3) portable standalone pumps from the Charles King Company for emergency storm event response and sewer bypass operation may proceed without satisfaction of the formal bid requirements due to the circumstances applicable to the need for the purchase of the pumps during this fiscal year and to ensure immediate full operational readiness while mitigating further unnecessary rental fees, and therefore the net cost to the City will be reduced by dispensing with bidding; and, 2. Authorizing the purchase of two (2) portable standalone pumps dedicated to storm event response, and (1) portable standalone pump for sewer bypass operation, for a total of three (3) standalone pumps from the Charles King Company in the amount of $245,722.62, and rejecting all other quotes; and, 3. Authorizing and directing the City Manager to approve purchase orders and any necessary related documents for the portable pump purchases.

M. Homeland Security Grant Program Agreement to Transfer Property or Funds for Fiscal Year 2023 - That the City Council adopt Resolution 7764: 1.

Approving the Agreement to Transfer Property or Funds for Fiscal Year 2023 Homeland Security Grant Program Purposes; and, 2. Authorizing the City Manager to execute the agreement and any related documents on the City’s behalf that are necessary for the transfer of property or funds under the Fiscal Year 2023 Homeland Security Grant Program.

N. Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting - That the City Council adopt Resolution 7765: 1.

Approving Amendment 1 to the Professional Services Agreement with ClientFirst Technology Consulting, for a 12-month extension to expire on June 30, 2027; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council to Monday, May 11, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary.

CITY COUNCIL NORMS:

Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.

CIVILITY PRINCIPLES:

Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS
Certificate of Recognition
Anna Derby
20 Years of Volunteer Service in Leisure World
APRIL 27, 2026

| American Red Cross
Sound the Alarm
Seal Beach
• 139 Volunteers
• 392 Smoke Alarms Installed
• 174 Escape Plans Made
• 203 Home Fire Checklists
Reviewed
• 302 Residents served in 228
Homes!
1 STRATEGIC

PLANNING

SESSION
REPORT:

UPDATE
November 8, 2025
April 27, 2026

OVERVIEW
• Staff began planning in summer of 2025.
• Unlike in previous years where a consultant was used, staff fully executed the meeting. Achieved cost savings, narrowed in on specific goals, and offered more opportunities for community engagement.
• The public meeting was held on November 8, 2025, and was an opportunity for council members to gain consensus and provide direction to staff.
• The meeting was advertised, open to the public and included multiple public comment opportunities.
• By the end of the session, eight (8) SMART goals were created. ⚬ SMART = specific, measurable, achievable, relevant, timebound. • Several items were highlighted during the workshop and placed on a Future Focus List to stay on track of the agenda but capture items that need additional consideration at a future date.
www.sealbeachca.gov
GOAL #1:

Provide a billboards progress report for Council consideration. ✓ Vendor reference checks are substantially complete as part of the project’s due diligence process.
✓ An initial coordination meeting has been held with Colantuono, Highsmith & Whatley to review key legal considerations and confirm the framework for the agreement.
✓ Draft agreement development is underway, with initial terms and structure currently being developed.

GOAL #2:

Facilitate further discussions in order to prepare a roadmap for constructing the Lifeguard Headquarters / Police Department Substation.
✓ Presented preliminary conceptual strategies at the CIP Study Session and initiated discussions to establish a roadmap for project construction. ✓ Evaluated initial funding strategies, including potential revenue sources to support debt service if financing is pursued.
✓ Conducted preliminary discussions with external agencies regarding current and future grant and financing opportunities.
✓ Consulted with California Coastal Commission staff regarding permitting considerations and similar coastal projects.

GOAL #3:

Complete smaller-scale beautification projects in the
Greater Main Street Area that can be funded by the current adopted budget.
✓ Greater Main Street Vision Plan has been shared with Council. Will share with Business First Working Group upon committee formation. ✓ Main Street on-street parking stalls have been restriped. “NO U TURN” signage repainted.
✓ Main Street streetlight demonstration fixtures have been installed. Full corridor deployment is pending Council feedback.
✓ Preliminary staff-level conversations have been had regarding part time Maintenance Aide pay scale.
✓ Preliminary staff-level conversations have been had regarding staffing levels to support Greater Main Street Area maintenance, including pressure washing.

GOAL #4: Provide a paid parking staff report to Council. ✓Parking Municipal Code updated to reflect current parking technology. ✓Code language amended to reflect paid parking in off-street lots only. ✓First reading of Code change at April 13 City Council meeting. ✓Second reading April 27 City Council meeting.

GOAL #5:

Create a Business First Working Group to evaluate the Main Street Specific Plan and consider updates related to
franchises, entertainment, and other changes.
✓ The creation of the Business First Ad-Hoc Committee was approved by the City Council on January 26, 2026.
✓ Confirmation of the Committee appointees was approved at the March 23, 2026 City Council meeting.
✓ First meeting on May 20th, 5:30 pm.

GOAL #6:

Consider opportunities for the expansion of special events citywide.
✓ On March 20th a new weekly farmers market opened at the base of the Seal Beach Pier.
✓ Staff is currently considering an expansion of the summer concerts to include a closure of Ocean Ave between Main Street and 10th Street. The applicant has submitted this request, and it is in review by the City. ✓ The City will be hosting a Senior Resource Fair in May at the North Seal Beach Center, and a “Pink Walk” on October 3
rd.
.

GOAL #7:

Create an Olympics Working Group for the 2028 Summer
Olympics in Los Angeles.
✓ The Olympic Committee was formed at the council meeting on January 26th.
✓ Committee members have been appointed.
✓ Committee has held first meeting. Meeting are open to the public.

GOAL #8:

Communicate the Strategic Plan to the public and Council. ✓ Released the Strategic Planning Session report, provided a presentation to Council on January 26, 2026, and shared the report via the newsletter, social media, and community meetings.
✓ Provided update to Council on April 27, 2026.

NEXT STEPS
• Progress and status updates for the goals will be reviewed in 90 to 120 days.
• City Council guidance on Future Focus items will occur separately from the eight (8) SMART goals.

VIEW THE REPORT
HTTPS://WWW.SEALBEACHCA.GOV/CITY-OF-SEAL-BEACH-STRATEGIC-PLAN

1 Brandon DeCriscio
From: JO8N <[email protected]>
Sent: Sunday, April 26, 2026 4:54 PM
To: Ask City Hall; Lisa Landau; Ben Wong; Patty Senecal; Joe Kalmick; Nathan Steele; Patrick Gallegos; [email protected]; Gloria Harper; Michael Henderson; Joe Bailey; Brandon DeCriscio; [email protected]; specialevents; Iris Lee; Shaun Temple; Barbara Arenado; Nicholas Nicholas; Mike Ezroj; Julia Clasby; Brian Gray; Deb Machen; Sean Low; Sean Sabo; Perla Mendoza; [email protected]
Subject: Public Comment Seal Beach City Council Meeting 4/27/26 Follow Up Flag: Flag for follow up
Flag Status: Flagged
United States Government Accountability Office Complaint Control Number (COMP-26-004095) Drug Enforcement Administration Case Number 00208892
꾎꾏꾐꾒꾑
관
⍾
JO8N

DUMP DAY

SEAL BEACH

DDUUMMPP DDAAYY

SSEEAALL BBEEAACCHH
DROP OFF YOUR BULKY HOUSEHOLD WASTE AT NO COST!
SSAATTUURRDDAAYY,, MMAAYY 22,, 22002266
City staff and Republic Services will be on-site to collect household items that are too bulky for residential garbage bins, such as mattresses, furniture, and toys. Goodwill will accept donations and keep reusable items out of the landfill, and OC Conservation Corps will collect e-waste and waste tires.

LOCATION: PUBLIC WORKS YARD
1776 ADOLFO LOPEZ DR.

SEAL BEACH, CA 90740
Space is limited; waste may not be accepted once
capacity is reached. Please cover your load. Uncovered
loads may not be accepted. Please note, only personal
TIME: 8AM - 11AM
(OR UNTIL INTAKE

CAPACITY IS REACHED)
The following items will NOT be accepted at this event:

Hazardous materials (batteries, paints, oils, chemicals, pesticides, smoke detectors, fluorescent lights, etc.)
Concrete, dirt, rocks, brick, asphalt, or sand
Treated wood
Questions? Email [email protected]
vehicles may be used to drop off items; moving/delivery trucks and commercial vehicles will not be able to drop off items.

Agenda Item A

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Capital Improvement Program Budget Study Session, Closed Session and Regular City Council meetings held on April 13, 2026.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Capital Improvement Program Budget Study Session, Closed Session and Regular City Council meetings held on April 13, 2026.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes - Capital Improvement Program Budget Study Session – April 13, 2026
B. Minutes - Closed Session, April 13, 2026
C. Minutes - Regular Session, April 13, 2026
Seal Beach, California
April 13, 2026
The City Council met in a Special City Council Capital Improvement Program (CIP) Budget Workshop at 5:13 p.m. in the City Council Chambers.

ROLL CALL

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

Absent: None
City Staff: Patrick Gallegos, Interim City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Shaun Temple, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Kelsey Yonemura, Financial Analyst
Brandon DeCriscio, Deputy City Clerk
Jennifer Robles, Management Analyst
Sean Sabo, Management Analyst
Sean Low, Deputy Director of Public Works/Maintenance and Utilities Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
David Spitz, Associate Engineer
Sara Holm, Executive Assistant
Two (2) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

BUDGET WORKSHOP
A. Proposed Fiscal Year 2023-2024 Capital Improvement Program Budget Public Works Director Lee provided an overview of the Public Works Department’s Core Services, FY 2026-27 Proposed Budget Summary, Capital Improvement Program funding sources and strategies, City infrastructure, recent and ongoing construction, General Fund and related grants, and current and future Capital Improvement Programs.

Marine Safety Chief Bailey discussed ongoing issues with the lifeguard headquarters building.

Council Members asked questions, offered comments, discussed, and received clarification about the ongoing projects, the Lifeguard Headquarters, the federal funding process, the Capital Improvement Program Budget and 5-Year CIP Programs.

PUBLIC COMMENTS
Mayor Landau opened oral communications. Speakers: James Jensen, Theresa Miller, and Catherine Showalter. Mayor Landau closed oral communications.

ADJOURNMENT
Mayor Landau adjourned the meeting at 6:34 p.m. to meet in Closed Session.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
April 13, 2026
The City Council met in Closed Session at 6:35 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk

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

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA.

A record of the threats of litigation is available for inspection in the City Clerk’s office.

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:59 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
April 13, 2026
The City Council met in Regular Session at 7:07 p.m. in the City Council Chambers.

Mayor Pro Tem Wong led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Barbara Arenado, Director of Finance
Iris Lee, Director of Public Works
Shaun Temple, Director of Community Development
Gloria D. Harper, City Clerk
Craig Cover, Orange County Fire Authority Division 1 Chief Nick Nicholas, Police Captain
Mike Ezroj, Police Captain
Tim Kelsey, Recreation Manager
Michael Peterman, Human Resources Manager
Sara Holm, Executive Assistant
Jennifer Robles, Management Analyst
David Spitz, Associate Engineer
Brandon DeCriscio, Deputy City Clerk
Council Member Senecal moved, second by Council Member Steele to allow public comment after the Mid-Year Budget Update Presentation, rearrange the order of the agenda to move item H after Presentations/Recognitions, and allow the public to comment on item H.

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

PRESENTATIONS / RECOGNITIONS
• Neurodiagnostic Week April 19-25, 2026, Proclamation
• Proclaiming April 19-25, 2026, as Cal Cities Week
• Mid-Year Budget Update
Mayor Landau opened oral communications for the Mid-Year Budget Update. Speakers:

Bruce Bennett and Rob Jahncke addressed the City Council. Mayor Landau closed oral communications.

NEW BUSINESS
H. Approving and Authorizing Amendments to the Seal Beach Municipal Code Pertaining to Parking Regulations, the Residential Parking Permit Program, Paid Parking, and Other Regulations - That the City Council introduce, waive full reading, and read by title only, Ordinance 1726, an Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code (SBMC) to modernize paid parking provisions, establish a residential parking permit program framework, clarify curbuse regulations including daylighting near crosswalks, and make other technical revisions.

Mayor Landau called upon Police Chief Henderson.

Police Chief Henderson called upon Dixon Resources Unlimited President Julie Dixon to provide an in-depth presentation of the staff report.

Mayor Landau opened oral communications. Speakers: Schelly Sustarsic, Myra Romero and Theresa Miller, addressed the City Council. Mayor Landau closed oral communications.

A discussion ensued between Council Member Senecal, Dixon Resources Unlimited President Julie Dixon, City Attorney Ghirelli, Director of Community Development Temple, Police Chief Henderson, Mayor Pro Tem Wong, Mayor Landau, and City Manager Gallegos.

Council Member Senecal noted her desire for clarity in the ordinance about what streets and parking lots would have paid parking.

City Attorney Ghirelli recommended removing the word “and” from the first sentence in Section A of Section 8.15.105 of the Seal Beach Municipal Code.

Council Member Senecal moved, second by Mayor Pro Tem Wong to introduce, waive full reading, and read by title only, Ordinance 1726, “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code (SBMC) to modernize paid parking provisions, establish a residential parking permit program framework, clarify curb-use regulations including daylighting near crosswalks, and make other technical revisions and remove the word “and” from the first sentence in Section A of Section 8.15.105 of the Seal Beach Municipal Code.”
AYES: Kalmick, Senecal, Wong, Landau
NOES: Steele
ABSENT: None
ABSTAIN: None
Motion carried

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Enea Ostrich, Myra Romero, Crystal Menser, Rasish Khatri, Rob Jahncke, Chad Berlinghieri, Dan Brandt, and Ken Seiff, addressed the City Council. Mayor Landau closed oral communications.

Five (5) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Senecal pulled item G for separate consideration.

Council Member Steele moved, second by Council Member Senecal, to approve the agenda.

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

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the one (1) item on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Gallegos reported that Run Seal Beach was a huge success and thanked the Run Seal Beach Board, volunteers, and staff.

He also reported meeting with Senator Strickland’s District Director, Chip Ahlswede, and congratulated Seal Beach resident Latasha Turpin on the grand opening of April Rae by the Sea.

Additionally, he noted that staff and Mayor Pro Tem Wong met regarding the Haynes Generating Station Recycled Water Pipeline Project, and that staff will be conducting a peer review of the structural integrity of the College Park Drive Bridge.

Lastly, City Manager Gallegos called upon Police Chief Henderson, who reported an increase in coyote sightings. Police Chief Henderson informed the public of the City’s coyote sighting portal on the City’s website and announced that cowbells used to deter coyotes, are available at the Police Department.

COUNCIL COMMENTS
Council Member Steele reported his attendance at the Golden Rain Foundation (GRF) Board Meeting, the Seal Beach City Rotary Meeting, the League of California Cities Tax and Revenue Committee Meeting, the Orange County Fire Authority (OCFA) and Orange County Red Cross Sound the Alarm event, the Orange County District Attorney 2026 Crime Victims’ Right Ceremony. the Leisure World Lions Club Inaugural Meeting, the meeting between the Golden Rain Foundation (GRF), the Municipal Water District of Orange County (MWDOC) and the City of Seal Beach regarding Assembly Bill (AB) 1572, the Orange County Older Adult Advisory Commission (OC-OAAC) Meeting.

Council Member Steele noted his attendance at meetings where he heard presentations from San Juan Capistrano Mayor John Campbell, and from Orange County Clerk Recorder Hugh Ngyuen.

He noted that he visited the Seal Beach Farmers Market and that the market has been a huge success so far. He encouraged public attendance at the market.

Additionally, he congratulated local former Congresswoman Michelle Steel on her appointment as the United States Ambassador to South Korea.

Lastly, he recognized April 15th as Yom HaShoah and acknowledged remembrance of the holocaust.

Council Member Kalmick reported his attendance at the Orange County Council of Governments (OC-COG) Meeting, the Seal Beach Naval Weapons Station semi-annual Meeting, the Rolling Hills Estates Rivers and Mountains Conservancy Nature Center Groundbreaking Ceremony, a Southern California Association of Governments (SCAG) Webinar, the SCAG Regional Council Meeting, and a tour of the Port of Los Angeles.

Additionally, Council Member Kalmick encouraged the public to visit the Seal Beach Farmers Market.

Council Member Senecal reported her attendance at the Southern California Association of Governments (SCAG) Regional Council meeting.

Additionally, Council Member Senecal thanked Chief Henderson, College Park East Resident Dan, Recreation Manager Kelsey and City staff for their work on the FLOCK license plate reader cameras, the parking districts, the Seal Beach Tennis and Pickleball Center. She also thanked staff for the in-depth Council presentations.

Mayor Pro Tem Wong reported his attendance at the Leisure World Golden Rain Foundation (GRF) Quarterly Update, the Staff Engagement Team Luna Memorial Bench Unveiling Ceremony, the Chamber of Commerce Speed Networking event, Run Seal Beach, the Fullerton Vision 2026 event, the Leisure World Lions Club Inaugural Meeting, the College Park West Preserve Group Graffiti Cleanup event, the shops at Rossmoor Asset Management Group Meeting, the Leisure World First Tuesday event, the meeting between the Golden Rain Foundation (GRF), the Municipal Water District of Orange County (MWDOC) and the City of Seal Beach regarding Assembly Bill (AB) 1572 and the April Rae by the Sea Ribbon Cutting Ceremony.

Additionally, Mayor Pro Tem Wong thanked the Run Seal Beach Board, the Seal Beach Police Department, the Seal Beach Lions Club and the volunteers for their work on Run Seal Beach.

Lastly, Mayor Pro Tem Wong announced that he was a speaker at the Small Business Administration Department local brokers and leasing agents’ event. He noted that he spoke to the Realty Investment Association of California at the event about several issues in the City.

Mayor Landau announced her attendance at the Orange County Sanitation District (OCSan) Board Meeting, the OCSan Wastewater 101 Citizen Academy graduation, the Orange County Fire Authority (OCFA) Fire Ops 26 event, and the Leisure World Lions Club Inaugural Meeting. She noted her excitement over the Leisure World Lions Club.

Additionally, Mayor Landau called upon City Manager Gallegos to report on an email that was received expressing appreciation for the City’s work on the Luna Memorial Bench Unveiling Ceremony.

COUNCIL ITEMS
There were no Council Items.

CONSENT CALENDAR
Mayor Pro Tem Wong moved, second by Council Member Kalmick to approve the recommended actions on the consent calendar with the exception of Item G.

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on March 23, 2026.

B. Demand on City Treasury (Fiscal Year 2026) Ratification.

C. Adoption of a Resolution Proclaiming April 19-25, 2026 as California Cities Week - That the City Council adopt Resolution 7753 proclaiming the week of April 19 through April 25, 2026 as California Cities Week.

D. Approving and Authorizing the Amended and Restated County-Wide Agreement for NPDES Stormwater Permit Implementation - That the City Council adopt Resolution 7754:1. Approving the Amended and Restated Agreement with the County of Orange, Orange County Flood Control District and participating Orange County Cities for National Pollutant Discharge Elimination System stormwater permit implementation services; and, 2. Authorizing and directing the City Manager to execute the Agreement on behalf of the City.

E. Consideration of an Agreement with Flock Group, Inc. for the Installation and Use of Fixed Automated License Plate Reader Cameras at Certain Locations Near the 405 Freeway and 22 Freeway Ramps - That the City Council adopt Resolution 7755 approving and authorizing the City Manager or his designee to enter into a three-year agreement with Flock Group, Inc. (Flock) for the installation of additional Automated License Plate Reader (ALPR) cameras in the City of Seal Beach near the 405 and 22 freeways, with a not-to-exceed amount of $54,150.

F. Consideration of an Agreement with Flock Group, Inc. for the Installation and Use of Fixed Automated License Plater Reader Camera(s) at Certain Locations within College Park East - That the City Council adopt Resolution 7756 approving and authorizing the City Manager or his designee to enter into a three-year agreement with Flock Group, Inc. (Flock) for the installation of additional Automated License Plate Reader (ALPR) cameras in the City of Seal Beach in the areas of Lampson and Basswood and Lampson and Tulip, with a not-to-exceed amount of $36,600.

G. Fiscal Year 2025-26 Mid-Year Budget Update and Consideration of Proposed Amendment to the Fiscal Year 2025-26 Budget - That the City Council receive and file the Fiscal Year 2025-26 Mid-Year Budget Update and adopt Resolution 7757 to approve Budget Amendment BA #26-10-01.

The vote below is for the Consent Calendar Items with the exception of Item G.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
G. Fiscal Year 2025-26 Mid-Year Budget Update and Consideration of Proposed Amendment to the Fiscal Year 2025-26 Budget - That the City Council receive and file the Fiscal Year 2025-26 Mid-Year Budget Update and adopt Resolution 7757 to approve Budget Amendment BA #26-10-01.

Mayor Landau called upon City Manager Gallegos.

City Manager Gallegos called upon Council Member Senecal.

A discussion ensued between Council Member Senecal, Finance Director Arenado, and City Manager Gallegos regarding how to allocate one-time revenue funds.

Mayor Pro Tem Wong moved, second by Council Member Senecal adopt Resolution 7757 to approve Budget Amendment BA #26-10-01.

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

PUBLIC HEARING
There was no public hearing.

UNFINISHED/CONTINUED BUSINESS
There was no unfinished/continued business.

ADJOURNMENT
Mayor Landau adjourned the City Council at 10:16 p.m. to Monday, May 11, 2026, at 5:30 p.m. to meet in closed session, if deemed necessary.
__________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
_______________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.

The City Manager has the authority to approve and execute contracts up to the amount of $41,818.

Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.

Below is a list of contracts executed by the City Manager and Department Heads for the period of January 1, 2026 – March 31, 2026:

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
12/1/2025 Public Works CivicStone, Inc. $ 5,000.00 Grant Administration
Services
6/30/2027
1/31/2026 City Manager PSST
Acquisition LLC
$ 2,422.25 2025 ACA
Federal
Reporting,
Printing, and
Mailing Forms
1095-C
1/31/2027
2/10/2026 Finance Hinderliter de
llamas &
Associates
$41,000.00 Business
License Tax
Study Services
6/30/2026
3/9/2026 Public Works ENCORP $ 1,490.00 Mold and
Asbestos
Testing
Services
Upon Project
Completion
ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is sufficient funding available in the Fiscal Year 2025-2026 budget.

However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Clerk and City Manager.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
Agenda Item E

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City Council Appointment
________________________________________________________________ SUMMARY OF REQUEST:

It is at the request of Council Member Kalmick that the City Council appoint Sherri Drum to the Citizen-Council Olympic Advisory Ad Hoc Committee.

BACKGROUND AND ANALYSIS:

Pursuant to Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and appointment to the board, commission, or committee shall not be made by the legislative body for at least ten (10) working days after the posting of the notice.

The notice of resignation from Steven Riggs was received in the City Clerk’s Office on March 26, 2026, and the required Notice of Vacancy was posted on March 30, 2026.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

Page 2 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is at the request of Council Member Kalmick that the City Council appoint Sherri Drum to the Citizen-Council Olympic Advisory Ad Hoc Committee.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager ATTACHMENTS:

A. Sherri Drum Application (Redacted)

Agenda Item F

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1726
Regarding City Parking Regulations
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council conduct a second reading, by title only, and adopt Ordinance 1726 titled, “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.”
BACKGROUND AND ANALYSIS:

At its meeting on April 13, 2026, the City Council approved the introduction of Ordinance 1726 titled “An Ordinance of the City of Seal Beach Amending Certain Sections of Chapter 8.15 (Stopping, Standing and Parking) of the Seal Beach Municipal Code to Modernize Paid Parking Provisions, Establish a Residential Parking Permit Program Framework, Clarify Curb-Use Regulations Including Daylighting Near Crosswalks, and Make Other Technical Revisions.” The City Council requested an edit to the Ordinance to clarify that paid parking zones are only established at the off-street municipal parking lots. Section

8.15.105.A of the Ordinance confirms that such paid parking zones are not located directly on Main Street, Ocean Avenue, Central Avenue, and Electric Avenue, but instead in the municipal lots along those streets. In addition, a typographical error was corrected in revised section 8.15.110.D.1.b (the phrase “by resolution” should have been located after the word “modified”). Typos may be corrected without reintroducing a proposed ordinance.

This item is to conduct a second reading and adopt Ordinance 1726 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

Page 2 ends

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The proposed Ordinance has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

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

A. Ordinance 1726
1 ORDINANCE 1726

AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CERTAIN SECTIONS OF CHAPTER 8.15
(STOPPING, STANDING AND PARKING) OF THE SEAL

BEACH MUNICIPAL CODE TO MODERNIZE PAID

PARKING PROVISIONS, ESTABLISH A RESIDENTIAL

PARKING PERMIT PROGRAM FRAMEWORK, CLARIFY

CURB-USE REGULATIONS INCLUDING DAYLIGHTING

NEAR CROSSWALKS, AND MAKE OTHER TECHNICAL

REVISIONS

THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Section 8.15.010 (No Parking Areas) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“§ 8.15.010. No Parking Areas.

General. It shall be unlawful for the driver of a vehicle to stop, park, or leave standing such vehicle, whether attended or unattended, in any of the following locations, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer, traffic officer, or traffic sign or signal:

1. In an intersection;

2. In a crosswalk;

3. Within twenty (20) feet of any marked or unmarked crosswalk (known as the “daylighting” rule), including curb extensions (bulb-outs), which are sidewalk extensions designed to improve crosswalk visibility and eliminate parking within the daylighting setback;

4. Within a divisional island, unless authorized by signage or markings;

5. In such no parking or restricted parking areas as designated by the city;

6. In such no parking or restricted parking areas as may be defined, designated or established by city council resolution;

7. In violation of any provision of this code or applicable state law;

8. On a sidewalk;

9. On any portion of the area extending from a roadway edge of the curb (or from the highest point of a rolled curb) to the sidewalk;

10.In any area where stopping, standing or parking of vehicles is prohibited as indicated by signs or by red paint upon the curb surface; 2 11.In any area where the stopping, standing or parking of the vehicle would block the entrance to a garage or driveway. This provision shall not apply if the owner or occupant thereof has granted permission; and

12.In the Surfside Colony in any area between the white lines where stopping, standing or parking of the vehicle would constitute a hazard.”

Section 2. Section 8.15.070 (Curb Markings) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“§ 8.15.070. Curb Markings.

The traffic engineer or designee shall utilize the following curb markings to indicate parking regulations:

A. Red: no stopping, standing or parking at any time except as permitted by the Vehicle Code or this Code, and except that a bus may stop in a red zone that is signed or marked as a bus zone.

B. Yellow: no stopping, standing or parking during hours designated by signage for any purpose other than loading or unloading of passengers or materials.

The period of active passenger loading and unloading shall not exceed 3 minutes, and the period of materials loading and unloading shall not exceed 20 minutes.

C. White: no stopping, standing during posted hours for any purpose other than loading or unloading of passengers, or depositing mail in an adjacent mailbox, for a period of time not exceeding 3 minutes. When the zone is in front of a theater, the restrictions shall apply only when the theater is open. When the zone is established at a taxicab stand, taxicabs, rideshare vehicles and automobiles for hire may remain in the zone for 20 minutes.

D. Green: no stopping, standing or parking between hours and on days designated by City Council resolution for a period longer than the time indicated on the curb unless otherwise indicated by signs or curb markings.

E. Blue: no stopping, standing or parking by any vehicle except vehicles operated by disabled persons that display either a special license plate or a distinguishing placard issued pursuant to state law.

F. A licensed driver shall be present in or immediately adjacent to any vehicle stopped for the purpose of active loading or unloading passengers or materials.”
3 Section 3. The definition of “Oversize Vehicle” in Section 8.15.085 (Parking of Oversize Vehicles) of the Seal Beach Municipal Code is hereby amended to read as follows:
“Oversize Vehicle: a vehicle or combination of vehicles that exceeds 20 feet in length or 90 inches in width or 90 inches in height exclusive of projecting lights or devices as allowed by Vehicle Code Sections 35109 and 35110. "Oversize vehicle" does not include a sedan or limousine manufactured expressly for carrying 10 or fewer passengers.”
Section 4. Section 8.15.105 (Parking Meter and Zones) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“§ 8.15.105. Paid Parking Zones.

A. Paid parking zones are hereby established at the off-street municipal parking lots along Main Street, Ocean Avenue, Central Avenue, and Electric Avenue as delineated on the "City of Seal Beach Parking Meter Zone Map" dated September 23, 2002. Such map is incorporated herein by reference. The City Manager or the designee thereof shall cause paid parking devices to be installed and maintained in all paid parking zones. Paid parking devices include any device used to accept payment for parking, including parking meters, pay stations, web applications, mobile devices, associated signage, and other methods approved by the Police Department.

B. The payment to be deposited in paid parking devices, or by other approved methods of payment, the parking time allowed following deposit of payment, the hours during which such deposits are required, and the days of the week and the weeks of the year during which such deposits are required for paid parking in all zones shall be prescribed by city council resolution.

C. Paid parking devices in paid parking zones shall be operated according to the posted signs. The paid parking device fees for paid parking zones shall be prescribed by city council resolution.

D. No person shall do any of the following:

1. Fail to deposit the paid parking device fee immediately after parking a vehicle in a paid parking zone and for the entire time that person has a vehicle parked in the paid parking zone during the paid parking hours of operation.

2. Deposit in a paid parking device a defaced coin, slug, or other counterfeit currency.

3. Deface, injure, or tamper with a paid parking device. 4 4. Attach a bicycle, newsrack, fabric, handbill, flier, sticker, note, or other article to a paid parking device.

5. Allow a vehicle owned or operated by such person to remain parked at a paid parking space beyond the expired time.

6. Park a vehicle across a line or marking designating a paid parking space.

7. Park a vehicle that does not conform to the maximum vehicle length limit applicable to the lot.

8. Allow a vehicle parked by such person to remain in a paid parking space after receipt of a citation for failure to pay the paid parking fee.

A violation of this provision shall occur after passage, from the issuance of the citation, of the parking time limit of the lot.

9. Purchase time for paid parking using any method of payment for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space or zone adjacent to which said paid parking device is placed.

E. The parking of a vehicle at a paid parking space beyond the expired payment time shall constitute prima facie evidence that the vehicle has been parked in such space longer than permitted by this section.

F. Mechanical failure of a paid parking device shall be a defense to a citation for failure to pay the paid parking fee, provided that the person cited is not responsible for such failure.”
Section 5. Section 8.15.110 (Parking Permits) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“§ 8.15.110. Parking Permits.

A. The City Manager or designee shall be authorized and directed to issue, upon written applications, parking permits. Each such permit shall be designated by city council resolution to reflect the particular parking permit parking district as well as the license plate number of the motor vehicle for which it is issued.

Consistent with this chapter, the City Manager or designee is authorized to issue such written rules and regulations as he or she deems necessary or appropriate to govern the process and terms for the issuance of parking permits. Rules and regulations shall be available for public review at City Hall and at the Police Department during normal business hours. This section is subject to the following restrictions by neighborhood:
5 1. Old Town
5 a. On Main Street, Ocean Avenue from Eighth Street to Tenth Street, and Central Avenue from Eighth Street to Tenth Street, residential parking permits may allow 2-hour parking.
b. In the municipal parking lots on Main Street, residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00 a.m.
c. In the Eighth Street city employee parking lot south of Central Avenue, residential parking permits may allow parking
between the hours of 12:00 a.m. and 6:00 a.m.
d. In the library lot, parking permits may allow residential parking between the hours of 12:00 a.m. and 6:00 a.m.

G. Parking permits may be issued in the following categories:

1. Residential Parking Permit. Any city resident living within an approved residential parking permit area may purchase a residential parking permit.

Applicants shall submit their name, address, proof of residence and the make, model and license number of each vehicle. Permits shall be validated as directed by the city.

2. Guest Parking Permit. Any city resident living within an approved residential parking permit area may purchase guest parking permits. Applicants shall submit their name, address and proof of residence. Permits shall be validated as designated by the city. Permits shall be valid within timeframes designated by the city.

3. Merchant/Employee Parking Permit. Any merchant or employee working within the Old Town area may purchase a merchant/employee parking permit. Applicants shall submit their name, business address, proof of employment and the make, model and license number of the vehicle.

Permits shall be displayed or validated as directed by the city. This permit shall be valid for parking on certain streets or parking lots as designated by the city.

4. Contractor Parking Permit. Any contractor conducting business within the city may purchase a contractor parking permit. Contractors must possess an active city contractor business license to qualify for purchase. Permits shall be valid within timeframes designated by the city.

H. Parking Permit Exemptions.
6 1. A motor vehicle that has been assigned a valid parking permit as provided for herein shall be permitted to stand or be parked in a permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this article or any resolution hereunder; provided, however, that such vehicle remains subject to the 72-hour parking limitation and any other applicable restrictions imposed by this Code or the Vehicle Code. Any vehicle that has not been issued a valid parking permit shall be subject to the permit parking and other posted regulations and consequent penalties in effect for such area.

2. A parking permit or any other permit as designated by city council shall not guarantee or reserve to the holder thereof any parking space within the residential permit parking area for which the permit was issued.

3. Residential permit parking restrictions shall not apply to police vehicles, authorized emergency vehicles, or city-owned vehicles when used for official business.

I. Designation Criteria For Residential Parking Permit Areas.

1. Designation of residential permit parking areas will be limited to areas with a recommended minimum street-frontage of approximately 2,000 feet that experience impacts from external parking demand which include factors such as commercial areas, recreational areas, schools and neighboring cities. The following shall be the process by which the City Council can consider any such area for designation as a residential permit parking area:
a. Initiation by Residents: The City Council shall consider for designation as a residential permit parking area any such proposed area for which a petition has been submitted that meets and satisfies the following requirements and any administrative guidelines adopted by the City Council:
i. A petition signed by a majority (51% or greater) of
dwelling units within the proposed area is required.
ii. Only one signature per dwelling unit will be considered for a petition.
iii. For petitions involving rental complexes, the residents, property managers, and property owners may
participate in the petition survey.
iv. If the units in a multifamily property are individually owned, each owner would be included in the petitioning
7 process. If a unit is owned by more than one owner, only one signature for that unit is allowed.
v. Upon receipt of a valid resident's petition for a
residential permit parking area as described above, the City Manager or designee shall do the following:

1. Provide a notice of intent to establish residential
permit parking restrictions shall be sent to all
dwelling units within the proposed residential
permit parking area;

2. Conduct or cause to be conducted a parking
occupancy survey to determine the utilization of
on-street parking, by which a 70% parking
occupancy threshold of all available on-street
parking and visible off-street parking is required
for further consideration;

3. Refer the matter to the Planning Commission for
review; and

4. Present to the City Council for final action, a
resolution that would establish a residential
permit parking area in accordance with
requirements of this article, including all
regulations and time restrictions determined by
the City Council to be reasonable and
necessary for such area.

5. Once City Council has taken final action on such
a resolution to establish a residential permit
parking area, no further changes or requests for
changes in resident permit parking restrictions
for this area will be considered for a minimum
period of one year.

6. The City Manager or designee may restrict all or
certain portions of City-owned property other
than streets, alleys or highways as residential
permit parking only; when authorized signs have
been posted giving notice of such residential
permit parking restrictions. It is unlawful and an
infraction for any person to park or leave
standing a vehicle within such area during the
times and days when such parking is prohibited,
8 other than a vehicle that has been issued a valid
residential parking permit or exempted pursuant to
Section 8.15.110 C of this article.
b. The City Council may establish or modify, by resolution, a designated residential permit parking area in any manner consistent with this article and Vehicle Code Section 22507.

2. Initiation by City Council: Nothing in this section shall be construed to limit the authority of the City Council to establish a permit parking district in the absence of a resident’s petition in accordance with Vehicle Code Section 22507.

J. Designation Criteria For Merchant/Employee Parking Permit Areas.

1. Merchant permits are issued on an annual basis from July 1st through June 30th of each year.

2. Only businesses with an active business license may purchase merchant permits.

3. Only employees with proof of current employment at a business with an active business license may purchase employee permits.

4. Merchant/Employee permits are non-transferable.

K. Designation Criteria for Contractor Permits.

1. Contractor permits are for contractors doing business in the City and are valid for 12 months from the date of purchase.

2. Contractors must have an active Contractor Business License (SBMC

5.10.115) to qualify for purchase of these permits and they are only valid from 7:00 am to 5:00 pm, Monday through Friday.

3. No extensions or fee reductions will be implemented related to contractor permits.

L. Issuance and Duration of Residential Permits.

1. Residential parking permits shall be issued by the Police Department in accordance with the requirements set forth in this article and shall be valid only in the residential permit parking area for which it is issued.

2. Residential parking permits shall be issued with a term not to exceed one year, unless earlier revoked or terminated, provided however that a permit 9 shall automatically terminate when the permit holder ceases to reside in the designated residential permit parking zone.

3. No residential parking permit issued pursuant to this article shall be transferable from the permit holder to any other person, nor from one vehicle to another.

M. Residential Permit Policies.

1. A residential parking permit may be issued only to an eligible driver who can demonstrate that they currently reside at an eligible dwelling unit within the residential permit parking area for which the permit is to be issued.

2. To be issued a residential parking permit, each eligible driver shall provide the following information:
a. The applicant’s full, true name and home address, and proof of residence;
b. The applicant’s driver’s license’
c. A valid and current vehicle registration and license plate number of the vehicle for which a permit is being requested;
d. The applicable fee; and
e. Such other information as required by the Police Department.

3. A temporary residential parking permit shall be issued to an eligible driver for a rented or borrowed registered vehicle where the eligible driver, residing in a residential permit parking zone, demonstrates their own vehicle is unavailable for that driver's use for a temporary period. Such permits will expire upon the return to use of the originally permitted vehicle or its replacement.

4. The City Council may, by resolution, limit the number of permits issued to any resident, dwelling unit, or residential permit parking area if such limitation would further the goals of the residential permit parking program.

5. Residential parking permits will not be issued to non-motorized vehicles (i.e., trailers) or to commercial vehicles that are registered at business addresses. For the purposes of this article, a “commercial vehicle” shall have the same meaning as that term is defined in Section 260 of the California Vehicle Code.
10 N. Guest Parking Permits.

1. The City Council may, by resolution, authorize the issuance of temporary guest parking permits in any residential permit parking area. When authorized, a resident within a residential permit parking area may apply for temporary parking permits for use by their guests in the residential permit parking area where the resident resides.

2. Guest permits may be issued under the following conditions:
a. The resident applicant for a guest parking permit has not reached the limits, if any, set by the City Council.
b. Such other conditions and restrictions that the City Council by resolution imposes or that the City Manager, or designee, deems appropriate.

3. Use of guest parking permits shall comply with residential permit parking regulations established pursuant to this article to be valid within the residential permit parking area for which it was assigned.

4. Intentional or repeated misuse of guest parking permits by a resident or their guests may be cause for revocation of the resident’s guest parking permit privileges.

5. A guest parking permit shall be valid for a prescribed period of time, commencing upon the date authorized, and shall exempt the applicable vehicle from parking time restrictions established pursuant to this article.

O. Establishment of Residential Parking Permit Area.

Upon adoption by the City Council of a resolution designating a residential permit parking area, street parking in the area shall be limited for a period as determined by the City Manager or designee, with input from the area residents and as may be specifically posted; provided, however, that parking shall be allowed by vehicles for which a residential or visitor's parking permit has been obtained in accordance with requirements of the ordinance unless otherwise designated.

P. Posting of Residential Permit Parking Area.

Upon adoption by the City Council of a resolution designating a residential permit parking area and after at least 51% of the households have purchased permits, the City Manager or designee, shall cause appropriate signs to be erected in the area, indicating prominently thereon the area 11 prohibition or time limitation, period of its application, and conditions under which permit parking shall be exempt therefrom.

Q. Parking permit fees shall be set by City Council resolution.

R. Penalties, Liability, and Enforcement.

The following acts shall constitute fraudulent use of a permit, punishable by a fine to be prescribed by City Council resolution and/or revocation of any permit currently held. Violations of this article shall include, but are not limited to, the following:

1. For any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor;

2. For any person holding a valid parking permit issued pursuant hereto to sell, give, or exchange said permit to any other person; or

3. Knowingly committing any act that is prohibited by the terms of this article or any ordinance or resolution enacted by authority granted by this article.

S. Revocation of Residential Permit Parking Area.

1. A residential permit parking area may be revoked by resolution of the City Council after following the same procedures for establishing a residential permit parking area as set forth in section D.

2. If 60% of the households in a residential parking area fail to purchase permits after being duly noticed, the City Manager or designee may revoke the residential permit parking area upon notice to the residents without further action of the City Council.”
Section 3. Existing Enforcement. The adoption of this Ordinance shall not be construed to interfere with or affect enforcement of violations of the Seal Beach Municipal Code occurring prior to the adoption of this ordinance.

Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. 12 Section 5. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 13th day of April 2026.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this 27th day of April 2026.

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

Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
__________________________________
Nicholas Ghirelli, City Attorney
13 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 Ordinance 1726 was introduced for first reading at a regular meeting held on the 13th day of April 2026, and was passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.

Agenda Item G

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Community Development Director
SUBJECT: Professional Services Agreement with Transtech Engineers, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7758:

1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $472,000 in Building Division staffing services and 65 percent of designated plan check fees for building plan check services; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

Transtech Engineers, Inc. (Transtech) has served within the Building Division in a variety of roles since 2017. Currently, the company provides the City with a Building Official, Building Supervisor, Building Inspector, and Permit Technician, as well as building plan check services, which constitute all Building Division services. The services and staff members they provide to the City are extremely professional and well-received by the community. The depth of Transtech's team behind the individuals seen in the office provides stability and assurances that Seal Beach will have a trained and staffed Building Permit Counter, daily inspections, and several points of contact in emergencies that require a Building Official.

Based on review of the Community Development Department as a whole and the work plan for the year, staff recommends engaging Transtech for Building Division services for the 2026-2027 Fiscal Year. The proposed Professional Services Agreement allows for the continuation of service through June 30, 2027, and authorizes $472,000 to cover staffing costs, as well as 65 percent of plan check review fees for plan check services, which is consistent with the current contract.

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ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The Professional Services Agreement will approve an expenditure of up to $472,000 from Account 101-300-0031-51280 for staffing services. This amount represents a cost savings of about 10 percent compared to employee costs to staff the Division. In addition, the City will pay 65 percent of designated plan check fees for building plan check services. These costs are included in the proposed Fiscal Year 2026-2027 Budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7758:

1. Approving the Professional Services Agreement with Transtech Engineers, Inc. for $472,000 in staffing services and 65 percent of designated plan check fees for building plan check services; and,

2. Authorizing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Community
Development Director
Patrick Gallegos, City Manager
Prepared by: Megan Bolton, Management Analyst
ATTACHMENTS:

A. Resolution 7758
B. Professional Services Agreement with Transtech Engineers, Inc.

RESOLUTION 7758

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH
ENGINEERS, INC.

WHEREAS, the City of Seal Beach (City) has relied upon professional service firms for technical expertise for certain City operations as well as temporary staff assistance during periods of extraordinary work or during periods when permanent staff positions are vacant; and,
WHEREAS, the City previously entered into an agreement with Transtech Engineers Inc. (Consultant) to provide Building Division professional services, including Building Official, Building Supervisor, Plan Checker, Building Inspector, Permit Technician, and other technical and staffing services for the Community Development Department as needed, and,
WHEREAS, the Consultant has proven to be a reliable, dependable, and competitively priced company who has provided staff who are competent and capable of serving temporary planning staffing needs of the City; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and,
WHEREAS, the City and the Consultant wish to enter into this Agreement for Consultant for Building Division staffing services in an amount not to exceed $472,000, and for Plan Check Services to authorize payment of not more than 65 percent of plan review fees collected per the City’s fee schedule, as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement dated April 27, 2026 with Transtech Engineers, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, for on-going Building Division professional services related to (i) duties conducted by a Building Official, Building Inspector, and Permit Technician, in an amount not to exceed $472,000 and (ii) for Plan Check Services the City shall pay not more than 65 percent of plan check review fees collected per the City’s fee schedule to cover services related to building plan check for the period of one year, commencing July 1, 2026 and ending June 30, 2027.

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

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 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 7758 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026.

Gloria D. Harper, City Clerk
City of Seal Beach Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
for
Building Division Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
(909) 595-8599
This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 to be effective as of July 1, 2026 (the “Effective Date”), by and between Transtech Engineers, Inc., a California Corporation (“Consultant”), and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 22
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RECITALS
A. City desires certain professional services related to building and safety services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide services in the manner set forth herein and more fully described in Section 1.0.

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

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those 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 Consultant’s Services

1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively “Services”) set forth in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, all to City’s reasonable satisfaction.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Services”, Exhibit A, and the “Fee Proposal” (Exhibit B), (of which Exhibits A and B are collectively referred to as the “Proposal”), and Exhibit C (Terms and Compliance with California Labor Law Compliance), all of which Exhibits are incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein.

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 (iv) Exhibits A Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 3 of 22
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(scope of Services) and B (Cost Proposal) shall govern. In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits A, B or C, on the other hand, the Agreement shall govern.

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. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by the 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.

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

2.0 Term

2.1. Original Term. The term of this Agreement shall commence on July 1, 2026 and shall remain in full force and effect until June 30, 2027 unless sooner terminated as provided in Section 5.0 of this Agreement.

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3.0 Consultant’s Compensation

3.1. City will pay Consultant for Services performed in accordance with the hourly rates shown in the fee schedule set forth in the Scope of Services Exhibit A and the Standard Hourly Rates set forth on Exhibit B of the Proposal, but in no event will the City pay more than the following during the term of this Agreement: (i) for Building Division personnel services, including Building Official/Plan Checker, Building Inspector, and Permit Technician, the City shall not pay more than a total sum of $472,000 (four hundred and seventy-two thousand dollars) during the term of this Agreement; and (ii) for Plan Check Services, the City shall not pay more than 65% of the plan review fees collected per the City’s fee schedule. In the event of any conflict or inconsistency between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other hand, the terms of this section shall prevail.

3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B.

4.0 Method of Payment

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

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

5.0 Termination

5.1. Termination by City.

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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 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 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 the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. 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 for any portion of the Services 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 the City’s representative for purposes of this Agreement.

6.2. Ayla Jefferson is the Consultant's primary representative for purposes of this Agreement. Ayla Jefferson shall be responsible during the term Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 6 of 22
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of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.3. 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: Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
Attn: Ayla Jefferson

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

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

9.0 Independent Contractor

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

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 7 of 22
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and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 8 of 22
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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 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 City, its elected and appointed officials, officers, employees, 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, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 9 of 22
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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 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 shall survive the expiration and/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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 10 of 22
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with said document both in a printed format and in an electronic format that is acceptable to City.

12.0 Confidentiality

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, 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 the 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 the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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 the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 11 of 22
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provision making the subcontractor subject to all requirements of this Agreement,

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. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

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

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

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

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

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

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

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $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 minimum limits of $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 the City.

17.4. Additional Insured.

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17.4.1. For general 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 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 the City, its elected and appointed officials, officers, employees, agents, 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 the City, its elected and appointed officials, officers, employees, agents. 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.

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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 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 and 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 the 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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 15 of 22
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shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.13. Insurance Requirements Not Limiting. Procurement of specific coverages or limits contained in this Section insurance by Consultant are not intended to be, and shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties under any provision of this Agreement.

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 shall 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. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’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. Indemnities.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, servants, employees, 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 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 “Claims”), Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 16 of 22
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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 Claims 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 Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are 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 subcontractors, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims 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.

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

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

18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, servants, consultants, contractors, subcontractors, or subconsultants on any such 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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 18 of 22
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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 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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 19 of 22
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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 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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 20 of 22
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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 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.

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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.

36.0 Recitals
City and Consultant acknowledge and agree that the above Recitals are true and correct, and are incorporated into this Agreement by this reference.

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.

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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: Transtech Engineers,
Inc., a California Corporation
By: __________________________
Name: _______ __________
Its: _________________
By: __________________________
Name:____________
Its: _______________________
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Allen Cayir
President
Sybil Cayir
Secretary
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EXHIBIT A

SCOPE OF SERVICE
Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 13367 Benson Avenue | Chino CA 91710 | T 909 595 8599 | F 909 595 8863 | Transtech.org January 26, 2026
Shaun Temple
Interim Director of Community Development
City of Seal Beach
211 Eighth Street,
Seal Beach, CA 90740
Mr. Temple
We are pleased to give this contract renewal proposal with the estimated service fees for the fiscal year 26-27 to provide Building and Safety Staff Services and Plan Review Services.

Transtech is serving the City Building Division since July 2016. Per the current contract Plan review services are provided at 65% of the plan review fees collected per the City fee schedule and staff services are provided per the attached special hourly rates as per the attached Exhibit A. Any additional services requested by the City may be provided per the Standard Hourly Rates as per the attached Exhibit B.

It is our understanding that during this fiscal year, 1 full time permit technician, 1 full time building inspector and as needed Building Official, as needed Building supervisor, as needed additional permit technician and as needed additional building inspector will be provided based on the workload increases. The cost estimate for staff services based on the above staffing level and for as need staff services estimated to be $472,000 and plan review services will be at 65% of the City Plan Review fees.

The hourly rates of the services are automatically increased by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Feel free to contact me if you have any further questions on the matter.

Ayla Jefferson, CBO, CSP
13367 Benson Ave.

Chino | CA 91710
P (909) 595-8599 ext.123
C (909) 851-5765
E [email protected]
W www.transtech.org
ENC: Adjusted Rates, Exhibit A and B

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SCOPE OF SERVICES
Transtech will provide BUILDING AND SAFETY SERVICES, PLAN CHECK, BUILDING OFFICIAL, PERMIT TECHNICIAN AND INSPECTOR per the following special rates to the City:

TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES
Effective through June 30, 2027
Adjusted as per Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers (“CPI-U”)
Special Rates for City of Seal Beach
Classification
Building Official $138
Supervisor $100
Building Inspector $95
Permit Technician $89
Administrative $69
Reimbursable direct expenses are billed at cost plus 10% for administration fee.

The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Plan Checks 65% of Plan Check Fees
Where fees are waived, or reduced plan
review shall be per hour $138
CPI-U FEBRUARY 2026 ESTIMATED 4.00%
Estimated Service Hours
Building Official/Plan Checker 4 to 8 hrs. a week
Building Inspector 40 hrs. a week
Permit Technician 40 hrs. a week and additional 8 hrs. biweekly Building Supervisor 8 to 12 hrs. a week
Any other services that may be requested by the City will be provided based on the specific scope of work and fees to be established per Transtech’s current standard hourly rates in Exhibit B.

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TRANSTECH ENGINEERS, INC.

S C H E D U L E O F H O U R L Y R A T E S
E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 6
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

ENGINEERING CONSTRUCTION MANAGEMENT
Field Technician $88 - $98 Labor Compliance Analyst $150 - $160 Engineering Technician $98 - $109 Funds Coordinator $155 - $165 Assistant CAD Drafter $109 - $124 Office Engineer $150 - $160 Senior CAD Drafter $124 - $140 Construction Inspector $145 - $155 Associate Designer $140 - $155 Senior Construction Inspector $155 - $165 Senior Designer $155 - $171 Construction Manager $176 - $191 Design Project Manager $196 - $206 Resident Engineer $191 - $206 Assistant Engineer $119 - $129 PUBLIC WORKS INSPECTION
Associate / Staff Engineer $150 - $165 Public Works Inspector $145 - $155 Senior Civil Engineer $206 - $227 Senior Public Works Inspector $155 - $165 Traffic Analyst Technician $103 - $114 Supervising PW Inspector $165 - $176 Associate Traffic Analyst $155 - $165 SURVEY AND MAPPING Senior Traffic Analyst $165 - $176 Survey Analyst $155 - $160 Professional Transportation Planner $176 - $191 Senior Survey Analyst $160 - $165 Traffic Engineer Technician $98 - $109 2-Man Survey Crew $357 - $372 Associate/Staff Traffic Engineer $150 - $165 Survey & Mapping Specialist $191 - $207 Traffic Engineer $176 - $191 Licensed Land Surveyor $217 - $227 Senior Traffic Engineer $191 - $212 FUNDING & GRANT WRITING Project Manager $191 - $212 Funds Analyst $150 - $155
Senior Project Manager $212 - $227 Senior Funds Analyst $155 - $165 Deputy City Engineer $176 - $196 Grant Writer $171 - $176 City Engineer $196 - $212 Funds & Grant Project Manager $191 - $202 Principal Engineer $212 - $233 PLANNING
BUILDING & SAFETY Community Development Technician $83 - $93 Permit Technician $78 - $88 Planning Technician $93 - $103 Plan Check Technician/Analyst/Supervisor $129 - $145 Assistant Planner $103 - $124 Building Inspector $119 - $134 Associate Planner $124 - $145 Senior Inspector $129 - $145 Senior Planner $150 - $171 Plans Examiner/Checker $145 - $160 Planning Manager $176 - $196 Plan Check Engineer $155 - $176 ADMINISTRATIVE STAFF
Deputy Building Official $165 - $176 Administrative/Clerical $72 - $83 Building Official $171 - $186 Project Accountant $83 - $93 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement

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.

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 Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement
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.” Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 City of Seal Beach Professional Services Agreement

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 and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Docusign Envelope ID: 0CD89CDC-E870-4678-B433-A31B0A5528E8 Agenda Item H

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Community Development Director
SUBJECT: Professional Services Agreement with Infinity
Technologies
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7759:

1. Approving the Professional Services Agreement with Infinity Technologies for ongoing GIS support services for a two-year term in the not-to-exceed amount of $72,000; and,

2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City.

BACKGROUND AND ANALYSIS:

Infinity Technologies began its Geographic Information System (GIS) support for the City of Seal Beach in October 2022. In 2023, Infinity Technologies completed the implementation of an ArcGIS online-based platform to meet various GIS needs.

This project involved establishing the City’s ArcGIS Online account, centralizing GIS layers into a single database, creating new GIS layers, developing a staff-only WebGIS application, and integrating GIS services with the Enterprise Licensing and Permitting (EP&L; formerly EnerGov) system. With this platform now serving as the primary source of spatial information, focus will shift towards ongoing maintenance and the expansion of GIS capabilities.

Ongoing and future GIS needs include maintaining essential layers like addresses and parcels, troubleshooting integrations with EP&L, and developing public-facing WebGIS applications. Key tasks involve administering ArcGIS Online, enhancing internal applications, providing GIS support (maps, analysis, reports), and offering training for staff. The Public Works Department specifically aims to add new GIS layers to ArcGIS Online, improve internal mapping applications, maintain existing layers, enable field mapping, explore work order tracking, and provide targeted training for its staff.

Page 2 ends

The proposed Professional Services Agreement allows for the continuation of service through June 30, 2028, and authorizes $72,000 to cover the ongoing GIS Support Services.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The Professional Services Agreement will approve an expenditure of up to $36,000 for Fiscal Year 2026-27, and an expenditure of up to $36,000 for Fiscal Year 2027- 28, for a total not to exceed amount of $72,000. The funds are currently budgeted in the Fiscal Year 2026-27 proposed budget under Fund 103-300-0231-51303. In future fiscal years, the expenditure will be included in the annual City budget.

STRATEGIC PLAN:

Esri, a GIS software, is one of the softwares that must be integrated with the new land management and permit software, EP&L. Implementation of that system was a Strategic Plan priority from 2021.

RECOMMENDATION:

That the City Council adopt Resolution 7759:

1. Approving the Professional Services Agreement with Infinity Technologies for ongoing GIS support services for a two-year term in the not-to-exceed amount of $72,000; and,

2. Authorizing the City Manager to execute the Agreement with Infinity Technologies on behalf of the City.

SUBMITTED BY: NOTED AND APPROVED:

Shaun Temple Patrick Gallegos
Shaun Temple, Community
Development Director
Patrick Gallegos, City Manager
Prepared by: Megan Bolton, Management Analyst

Page 3 ends

ATTACHMENTS:

A. Resolution 7759
B. Professional Services Agreement
RESOLUTION 7759

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING

AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH

INFINITY TECHNOLOGIES
WHEREAS, the City of Seal Beach (City) requires the use of geographic information systems (GIS) software including integration with Tyler Technologies’ Enterprise Permitting and Licensing (EP&L; formerly EnerGov) for day-to-day Building, Planning, and Public Works operations; and,
WHEREAS, the City has been utilizing Infinity Technologies for GIS support since 2022 to support City GIS needs; and,
WHEREAS, Infinity Technology is a highly qualified GIS software consultant, specializing in collecting, developing, and building data for GIS capabilities, and will serve the needs of the City; and,
WHEREAS, the City and the Consultant wish to enter into a Professional Services Agreement to continue professional services with Infinity Technologies related to ongoing GIS support services across City departments in an amount not to exceed $36,000 for Fiscal Year 2026-27, and $36,000 for Fiscal Year 2027-28 for a total not-to-exceed amount of $72,000.

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

Section 1. The City Council hereby approves the Professional Services Agreement for continued GIS Support with Infinity Technologies for a two-year term in the not-to-exceed amount of $72,000.

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

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 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 7759 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026.

Gloria D. Harper, City Clerk
City of Seal Beach Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
for
General Geographic Information Systems Support
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Infinity Technologies
PO Box 582404
Elk Grove, CA 95758
(714) 676-8311
This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 to be effective as of July 1, 2026 (the “Effective Date”), by and between Infinity Technologies, a California Corporation (“Consultant”), and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 22
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RECITALS
A. City desires certain professional services related to geographic information systems (GIS) support services across City departments.

C. Consultant represents that the principal members of its firm are licensed and registered professional GIS consultants 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.

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 Consultant’s Services

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and the “Scope of Work”, Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit A (scope of Work) shall govern. In the event there is any conflict between the 3 of 22
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Agreement, on the one hand, and any of the Exhibits A, B or C, on the other hand, the Agreement shall govern.

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

2.0 Term

2.1. Original Term. The term of this Agreement shall commence on July 1, 2026 and shall remain in full force and effect until June 30, 2028 unless sooner terminated as provided in Section 5.0 of this Agreement. 4 of 22
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3.0 Consultant’s Compensation

3.1. City will pay Consultant for Services performed in accordance with the hourly rates shown in the fee schedule set forth in the Scope of Work Exhibit A and the Standard Hourly Rates set forth on the Scope of Work, but in no event will the City pay more than the following during the term of this Agreement: (i) for year one $36,000; and (ii) for year two $36,000. In the event of any conflict or inconsistency between Exhibit A and/or Exhibit B, on the one hand, and this section, on the other hand, the terms of this section shall prevail.

4.0 Method of Payment

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.
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6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Mark Dumford is the Consultant's primary representative for purposes of this Agreement. Mark Dumford 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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Infinity Technologies
PO Box 582404
Elk Grove, CA 95758
Attn: Mark Dumford

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

9.0 Independent Contractor

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 7 of 22
City of Seal Beach Professional Services Agreement
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.

9.4. 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 8 of 22
City of Seal Beach Professional Services Agreement
covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

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, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed 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 9 of 22
City of Seal Beach Professional Services Agreement
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.

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

12.3. 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 the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement.
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17.0 Insurance

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those 13 of 22
City of Seal Beach Professional Services Agreement
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.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

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 14 of 22
City of Seal Beach Professional Services Agreement
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.

17.12. 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 the 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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17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

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

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

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 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 “Claims”), 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 16 of 22
City of Seal Beach Professional Services Agreement
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 Claims 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 Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate 17 of 22
City of Seal Beach Professional Services Agreement
required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees.

18.5. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

23.0 Severability
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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.

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.
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28.0 Prohibited Interests; Conflict of Interest

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 20 of 22
City of Seal Beach Professional Services Agreement
responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents, and servants.

32.0 Mutual Cooperation

34.0 Attorneys' Fees
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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.

36.0 Recitals
City and Consultant acknowledge and agree that the above Recitals are true and correct, and are incorporated into this Agreement by this reference.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
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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: infinity Technologies, a
California Corporation
By: __________________________
Name: _______ __________
Its: _________________
By: __________________________
Name:____________
Its: _______________________
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Mohammad Ahmed
President/CEO
Sara Iqbal
Secretary
City of Seal Beach Professional Services Agreement

EXHIBIT A

SCOPE OF WORK
GIS Services | Scope of Work and Cost
March 2026

CITY OF SEAL BEACH

SCOPE OF WORK AND ESTIMATED COSTS

ONGOING GIS SUPPORT SERVICES
Project Background
Infinity Technologies GIS team has been providing GIS support to Seal Beach since October 2022. As part of this work, a new GIS platform was implemented in 2023 to support a variety of GIS needs at Seal Beach.

Work tasks included the following:
 Establishing an ArcGIS Online account
 Centralizing GIS layers into a single database
 Creating new GIS layers
 Establishing a new source of parcel information
 Developing a new staff only WebGIS application
 Publishing GIS integration services with the EnerGov (EPL) permitting software  Standardizing and improving historical permitting datasets Each of these tasks required consulting hours to collect/develop data or build GIS capabilities. With the GIS platform now established as a reliable source of spatial information and functionality, tasks will turn to maintaining the GIS layers and expanding the functionality to other GIS needs. Ongoing and future general GIS needs will include the following:
 Maintaining key GIS layers, including addresses and parcels  Supporting and troubleshooting GIS integrations with EnerGov (EPL)  Developing public facing WebGIS applications
 Administering the Seal Beach ArcGIS Online account
 Maintaining and enhancing internal WebGIS Applications  General GIS support (Maps, analysis, reports, etc…)
 GIS training/workshops
In addition to general GIS support noted above, the Public Works department has specific GIS needs.

These specific needs include the following:
 Additional GIS layers added to ArcGIS Online
 Enhancement to the Public Works internal
mapping application
 New workflows to maintain existing Public
Works layers.
 Create new Public Works GIS layers.
 Field mapping and inspection capabilities
 Potential application to track and assign
work orders.
 Specific GIS training/mentoring to Public
Work staff.

Scope of Work
Task 1. GIS Data Maintenance/Creation
 Download and process quarterly parcel
updates from Lightbox.
 Work with Seal Beach staff to keep the
GIS Master Address Database updated.
 Work with staff to ensure zoning and
general plan layers are updated.
 Work with other Seal Beach staff to
ensure all GIS datasets are accurate.
 Create new GIS layers on request
Task 2. GIS Integration Support and Troubleshooting
 Monitoring and support GIS integration
services and content for EnerGov (EPL)
 Develop any new GIS integration needs
for other Seal Beach business software.

Task 3. Develop public facing GIS Applications
 Demo and potentially develop new public
facing WebGIS applications.
 May include garbage lookup, street
sweeping, CIP Story Map, zoning
information, etc….

Task 4. Administering Seal Beach ArcGIS Online Platform  Add and remove named users.
 Modify user types as needed.
 Add groups and permission as needed.

Task 5. Maintaining and Enhancing WebGIS Applications
 Maintain and troubleshooting existing
WebGIS applications to ensure content and
functionality are working as expected.
 As new ArcGIS Online capability becomes
available, demonstrate and potentially add
new functionality to WebGIS applications.

Task 6. General GIS Support
 Provide general GIS support for requests for maps, analysis, and reports.

Task 7. GIS Training and Workshops
 Hosting GIS workshops with Seal Beach staff.  One-on-one training with key city staff Task 8. Public Works GIS Support
 Additional GIS layers added to ArcGIS Online
 Add new WebGIS functionality in the existing
Public Works Viewer
 New workflows to maintain existing Public
Works layers.
 Create new Public Works GIS layers.
 Field mapping and inspection capabilities
 Potential application to track and assign
work orders. (ArcGIS Tasks)
 Specific GIS training/mentoring to Public
Work staff.

GIS Consulting Services – Estimated Costs
Task Annual
Consulting Costs

1. GIS Data Maintenance/Creation $6,000

2. GIS Integration Support and Troubleshooting $3,600

3. Develop Public Facing Applications $3,600

4. Administering Seal Beach ArcGIS Online Platform $1,200

5. Maintaining and Enhancing WebGIS Applications $6,000

6. General GIS Support $2,400

7. GIS Training and Workshops $1,200

8. Public Works GIS Support $12,000
Year 1 Cost Estimate (Does not include Esri software or Lightbox licensing costs) $36,000 Year 2 Cost Estimate (Does not include Esri software or Lightbox licensing costs) $36,000 GIS Staff/Hourly Rate Schedule
Title Hourly Rate
GIS Project Manager $175
Enterprise GIS Architect $170
Senior GIS Analyst $155
GIS Analyst II $140
GIS Analyst I $125
Sr. GIS Technician $115
GIS Technician II $105
GIS Technician I $100
City of Seal Beach Professional Services Agreement

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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.

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 City of Seal Beach Professional Services Agreement
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.

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

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

Agenda Item I

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Agreement with Municipal Water District of Orange County for Water Loss Control Shared Services Participation
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7760 authorizing the City Manager to execute the Water Loss Control Participation Agreement with the Municipal Water District of Orange County.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) has historically participated in regional programs administered by the Municipal Water District of Orange County (MWDOC) to support water system management, regulatory compliance, and operational efficiency. MWDOC serves as the regional wholesale water provider for 27 retail water agencies in Orange County, including the City. MWDOC purchases imported water from the Metropolitan Water District of Southern California and distributes it to its member agencies to supplement local water supplies. In addition to managing regional water supply reliability, MWDOC provides technical assistance, regional planning, and shared service programs that help member agencies operate their water systems efficiently and comply with state and federal regulatory requirements.

Water loss management has become an increasing regulatory priority in California.

Senate Bill 555 requires urban water suppliers to prepare and submit validated annual water loss audits to the California Department of Water Resources using the American Water Works Association/International Water Association (AWWA/IWA) Water Audit Methodology. This methodology allows agencies to quantify all water entering the distribution system as either authorized consumption or loss, evaluate system performance indicators, estimate the financial impact of water losses, and establish measurable targets for reducing both real and apparent losses.

To assist member agencies in meeting these requirements, MWDOC established the Water Loss Control (WLC) Shared Services Program. The program provides

Page 2 ends

technical assistance to help agencies identify, measure, and reduce water losses within their distribution systems through services such as water audit preparation and validation, system loss analysis, meter testing, and leak detection. By coordinating these services at the regional level, MWDOC provides participating agencies with specialized expertise, standardized methodologies, and costsharing opportunities that would otherwise require individual consultant contracts or additional staff resources.

The City has participated in MWDOC’s regional WLC program for several years.

On September 12, 2016, the City Council adopted Resolution 6679 approving participation in MWDOC’s Cooperative Agreement for WLC Technical Assistance.

On June 24, 2019, the City Council adopted Resolution 6928 approving participation in MWDOC’s WLC Shared Services Agreement, which expanded available services to include water audit validation, customer meter accuracy testing, and distribution system leak detection, among other related services.

MWDOC has since updated the structure of its WLC program and is requesting member agencies to enter into a new WLC Participation Agreement. The proposed agreement consolidates Shared Services and Technical Assistance under a single ten-year “umbrella” agreement, effective July 1, 2026 through June 30, 2036.

Under this structure, participating agencies will execute annual addenda identifying the specific services they elect to receive each fiscal year and the associated level of technical assistance. Available services include preparation and validation of water loss audits, component analysis of real and apparent losses, and distribution system leak detection support.

Participation in the program provides flexibility through a range of available services, allowing the City to select specific services each year based on operational needs and available funding. Continuing participation in MWDOC’s Water Loss Control Shared Services Program will provide the City with technical support for water loss management and help maintain compliance with state water loss reporting requirements. Accordingly, staff recommends entering into the new Water Loss Control Participation Agreement and completing the associated Fiscal Year 2026–27 program addenda.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

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

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FINANCIAL IMPACT:

Funding for the Water Use Efficiency Program will be included in the proposed Fiscal Year 2026-27 budget, with anticipated participating expenditures totaling $2,426 for Shared Services, and $26,880 for Technical Assistance Tasks.

MWDOC programs are funded through the Water Fund Intergovernmental account 501-500-0900-51290. Participation in subsequent years will be evaluated and included as appropriate through future fiscal year budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7760 authorizing the City Manager to execute the Water Loss Control Participation Agreement with the Municipal Water District of Orange County.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7760
B. Water Loss Control Participation Agreement
RESOLUTION 7760

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO EXECUTE THE WATER

LOSS CONTROL PARTICIPATION AGREEMENT WITH MUNICIPAL

WATER DISTRICT OF ORANGE COUNTY
WHEREAS, on September 12, 2016, the City Council adopted Resolution 6679, approving a Cooperative Agreement for Water Loss Control Technical Assistance between the City of Seal Beach and the Municipal Water District of Orange County (Parties) for the City’s participation in water loss control technical assistance services; and,
WHEREAS, on June 24, 2019, the City Council adopted Resolution 6928, approving the Water Loss Control Shared Services Agreement, dated July 7, 2019, between the Parties for additional water loss control services; and,
WHEREAS, the parties now desire to enter into a new Water Loss Control Participation Agreement that will serve as a single “umbrella” agreement consolidating both the Shared Service and Technical Assistance programs; and,
WHEREAS, the proposed agreement will have a term beginning July 1, 2026 to and including June 30, 2036.

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

Section 1. The City Council hereby approves the Water Loss Control Participation Agreement between the City of Seal Beach and Municipal Water District of Orange County attached hereto and incorporated herein by this reference as though set forth in full.

Section 2. The City Council hereby authorizes and directs the City Manager, or their designee, to execute the Agreement.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 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 7760 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026.

Gloria D. Harper, City Clerk
1 WATER LOSS CONTROL PARTICIPATION AGREEMENT
This Water Loss Control Participation Agreement (“Agreement”) is made and effective as of the 1st day of July 2026, by and between the Municipal Water District of Orange County (“MWDOC”) and City of Seal Beach (“Participating Agency”). MWDOC and Participating Agency may be collectively referred to as “Parties” and individually as a “Party.”

RECITALS
A. MWDOC offers its member agencies (“Member Agencies”) the benefits of certain programs known as choice services, that they may elect to participate in (“Choice Services”). These Choice Services provide cost-sharing and shared services components that allow a Participating Agency to obtain economies of scale and save money. If a Member Agency elects to receive certain Choice Services, the Participating Agency executes an agreement with MWDOC that sets forth the terms and conditions for those Choice Services.

B. With input from its Member Agencies, MWDOC previously prepared a Water Loss Control Shared Services Business Plan, which proposed five water loss control shared services (“Shared Services”) to be provided to Member Agencies by MWDOC staff and, as necessary and as determined by MWDOC, by third-party vendors/contractors (“Contractor or Contractors”).

C. MWDOC also entered into a professional services agreement with E Source Companies, LLC (“Consultant” or “E Source”) for E Source to provide Water Loss Control Technical Assistance (“Technical Assistance”) to Member Agencies (“Consultant Agreement”).

D. The purpose of this Water Loss Control Participation Agreement is to create a unified agreement between MWDOC and Participating Agency that combines all of the water loss control Shared Services and Technical Assistance programs (“Programs”) into one agreement. Addenda to this Agreement will be issued annually.

E. Participating Agency may elect which of the Shared Services and/or Technical Assistance (jointly referred to as WLC Services), if any, it wishes to receive from MWDOC by completing annual election forms (“Election Forms”). The Election Forms include the selected tasks, total required payments and costs, and any additional information and/or requirements specific to each Participating Agency. The annual Election Forms may also be used to tailor the types and amounts of WLC Services that each Participating Agency will receive, as well as the costs. The Election Forms are attached as Addenda A and B to this Agreement.

F. At the end of each year, the Participating Agency may change the WLC Services that it elects to receive for the following year by completing the annual Election Forms under this Agreement.
2 G. The Parties desire to enter into this Agreement, whereby the Participating Agency elects to receive, on the terms and conditions described herein, the water loss control shared services provided by MWDOC.

NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows:

TERMS

1. Scope of Services. MWDOC will provide the Participating Agency with the water loss control Shared Services and Technical Assistance identified in the Election Forms attached hereto as Addenda A and B. The actual scheduling of Shared Services and/or Technical Assistance shall be done only upon request of the Participating Agency. The Parties agree that MWDOC may provide the WLC Services by utilizing MWDOC staff or Contractors as determined by MWDOC.

2. Term of Agreement. This Agreement will be effective on July 1, 2026, and shall terminate on June 30, 2036 (“Term”)

3. Administration of Consultant and Contractors. MWDOC will provide project management assistance regarding all Contractors and the Consultant, which includes working closely with and managing Contractors and Consultant to ensure compliance with any agreements, facilitating interactions between the Participating Agency and Consultant and/or Contractors, and communicating regularly with the Participating Agency regarding the Shared Services and/or Technical Assistance, as needed.

3.1.MWDOC shall make payments to any Contractor and/or Consultant on a time and materials basis.

3.2.Participating Agency shall provide all documents, information, and assistance requested by any Contractor and/or Consultant during the performance of the WLC Services.

3.3.Addenda A and B are incorporated into this Agreement by reference and include separate attachments for Participating Agencies that include the selected tasks, total required payments and costs, and any additional information and requirements that are specific to each Participating Agency.

3.4.Addenda A and B may be updated as Member Agencies execute this Agreement and become Participating Agencies or pursuant to mutual agreement between a respective Participating Agency and MWDOC.

4. Annual Election Addenda. Prior to July 1 of each year of the Agreement and consistent with the requirements of this Section, Participating Agency may change the Shared Services and/or Technical Assistance that it elects to receive for the following fiscal year (July 1 – June 30) by completing the annual Election Forms, which will replace and become new Addenda A and/or B to this Agreement (“Election Addenda” or “Election Addendum”). The Election Addenda may contain terms that differ from those in the initial 3 Election Forms, including adjustments to service types and the addition of new WLC Services as they become available.

5. Cost Sharing by Participating Agencies.

5.1.MWDOC shall:

5.1.1. Collect from Participating Agency upon execution of this Agreement the amount indicated in Addenda A and B that is specific to said Participating Agency, which is the total cost of the selected WLC Services for the Participating Agency.

5.1.2. Inform the Participating Agency of any proposed extra work that would result in an increase in the payments under this Agreement. MWDOC and the Participating Agency must both approve such extra work before MWDOC will notify any Contractor or Consultant to proceed with the work.

5.1.3. On or about February of each year, prepare a final annual accounting for the Participating Agency and either distribute any remaining funds collected back to the Participating Agency, consistent with the amounts in Addenda A and B, roll over any remaining funds for use by the Participating Agency in the following year or, when there are funds due, issue a final bill to the Participating Agency.

5.2.Participating Agency shall:

5.2.1. Pay to MWDOC upon execution of this Agreement, the full amount indicated in Addenda A and B that is specific to the Participating Agency.

5.2.2. Pay to MWDOC, upon approval of any extra work, the full amount owed for any approved extra work. The Participating Agency shall bear all costs associated with extra work it approves.

6. Pricing and Payment. Participating Agency shall pay MWDOC for the WLC Services provided pursuant to this Agreement in the unit cost amounts for each type of elected WLC Service as set forth in Addenda A and B. The unit costs in Addenda A and B may be adjusted each year by MWDOC in MWDOC’s discretion. MWDOC will provide each Participating Agency with notice of any changes to unit costs for the next fiscal year by March 1 of the previous fiscal year, and such adjusted costs shall be reflected in the Election Addenda. With respect to WLC Services that are provided by Contractors/Consultants who are under contract with MWDOC, MWDOC reserves the right to change the unit cost for such WLC Services if there is a change in unit cost by the Contractor, provided, however, that MWDOC gives the Participating Agency no less than sixty (60) days' notice of such change, during which period the Participating Agency may elect to terminate such WLC Services from the Election Addenda. In addition, Participating Agency is not obligated to request any WLC Services and is only required to pay for WLC Services performed by MWDOC at the request of Participating Agency.

7. Billing Procedure and Payment. Within thirty (30) days of receiving Addenda A and/or B, MWDOC shall invoice the Participating Agency for the full unit cost of the WLC Services that have been chosen by the Participating Agency for the upcoming fiscal year. 4 Participating Agency shall pay MWDOC within thirty (30) days of receipt of the invoice. In the event that there is a subsequent change in the scope of the WLC Services that were elected in Addenda A and/or B, MWDOC will provide a revised invoice for such change, and in the event that the change results in a credit to the Participating Agency, then the Participating Agency will have the option to apply the credit to the annual invoice for the next fiscal year or to be issued a refund.

8. Termination. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other. In such an event, the Parties shall be responsible to each other for any obligations incurred prior to the termination date.

9. Standard of Care. MWDOC will require that all Contractor and/or Consultant services be performed in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised in performing the WLC Services.

10.Accounting. MWDOC shall, for a reasonable time, keep accurate and detailed records of the WLC Services performed and the financial details in connection with such WLC Services, including all accounting books and records related to any payments to Contractors/Consultants (collectively, the “Records”). All Records must be maintained in accordance with generally accepted accounting principles applicable to local government agencies in the State of California and must be sufficiently complete and detailed to permit an accurate evaluation of the Services provided by MWDOC under this Agreement.

Upon request from the Participating Agency, MWDOC will provide copies of the Contractor/Consultant invoices and MWDOC’s payment records, and shall give the Participating Agency reasonable access, during normal business hours, to such Records.

11.Independent Contractor. The Consultant/Contractor is not a party to this Agreement and is not an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or because of the Consultant Agreement between MWDOC and the Consultant/Contractor. The Consultant/Contractor is an independent contractor to MWDOC.

12.Indemnification. MWDOC agrees to indemnify and hold the Participating Agency harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of any sole and active negligent acts or willful misconduct of MWDOC in connection with the provision of WLC Services.

MWDOC will require any Contractors/Consultants to indemnify and hold harmless Participating Agency from any and all Claims arising out of the negligent acts or willful misconduct of the Contractor/Consultant, its agents and employees, and Participating Agency agrees that it will look solely to the Contractor/Consultant for such Claims, provided, however, that MWDOC will act as the agent of the Participating Agency to enforce the terms of the indemnity with Contractor/Consultant and make any related insurance claims with respect to the insurance coverage provided by Contractor/Consultant. .

MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees, or warranties to the Participating Agency as to the quality 5 or timeliness of work product provided by the Consultant/Contractor pursuant to the Consultant Agreement. The Participating Agency agrees to indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the Consultant Agreement or E Source Services provided for the benefit of the Participating Agency. Participating Agency agrees and acknowledges that MWDOC is not responsible for the maintenance and quality of any of Participating Agency’s facilities, and Participating Agency is responsible for any costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, arising from such.

13. Insurance. MWDOC shall obtain prior to commencing work and maintain in force and effect throughout the term of this Agreement, all insurance set forth below. MWDOC insurance is provided through the Association of California Water Agencies Joint Powers Insurance Authority and such other insurers as MWDOC may determine from time to time.

13.1. Workers’ Compensation Insurance. MWDOC will maintain workers’ compensation insurance for its employees, covering all work covered by this Agreement, in accordance with applicable law. Upon request, MWDOC will provide an ACORD certificate of insurance or other certificate of insurance satisfactory to the Participating Agency, evidencing such coverage.

13.2. Liability and Other Insurance. MWDOC will maintain during the term of this Agreement general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to Participating Agency.

13.3. Contractor Insurance Coverage. If MWDOC employs Contractors to provide services covered by this Agreement, MWDOC shall require that each Contractor meet MWDOC’s minimum insurance requirements. Contractor will provide a certificate of insurance to MWDOC, which will be required to name MWDOC and Participating Agencies as additional insureds to any Consultant or Contractor’s liability coverage.

13.4. Expiration of Coverage. If any of the required coverages expire during the term of the Agreement, MWDOC and its Contractors, as applicable, shall provide updated renewal certificate(s), including the general liability additional insured endorsement, at least ten (10) days prior to the expiration date.

14.Independent Contractor. MWDOC shall act as an independent contractor in the performance of the WLC Services provided for in this Agreement and shall furnish such WLC Services in MWDOC’s own manner and method, and in no respect shall MWDOC or any of its agents be considered an agent or employee of Participating Agency. No provisions of this Agreement shall be intended to create a partnership or joint venture between MWDOC or any of its agents and Participating Agency, and neither Party shall 6 have the power to bind or obligate the other Party, except as expressly set forth in this Agreement.

15.Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following addresses, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or sent via commercial overnight courier and shall be effective upon receipt. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

MWDOC:

Harvey De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward St.

P.O. Box 20895
Fountain Valley, CA 92728
Participating Agency:

Patrick Gallegos, City Manager
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740

16. Jurisdiction and Venue. In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that venue of any action brought hereunder shall be in Orange County, California.

17.Counterparts and Facsimile. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.

18.Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

19.Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof, and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.

20.Authority to Execute. Each Party represents and warrants to the other Party that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder.

21.Incorporation of Recitals. The Recitals and section titles set forth herein are incorporated herein and are an operative part of this Agreement.
7 IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement.

MWDOC: PARTICIPATING AGENCY:

Date
Harvey De La Torre
General Manager
Municipal Water District of Orange County
Approved as to Form:

Date
Date
Name: Joseph Byrne, Esq.

Date
Name: Nicholas Ghirelli, City Attorney
Patrick Gallegos
City Manager
City of Seal Beach
Approved as to Form:
4/16/2026
8 ADDENDUM A
Water Loss Control Shared Services Election Form
Fiscal Year 2026-2027
FY26-27
Water Loss Control Shared Services
Agency:

Contact Person:

Contact E-mail:

Contact Phone:

Task 1: Water Audit Validation
Water audit validation will be conducted at Level 1 in accordance with the methodology established in the Water Research Foundation project 4369: Level 1 Water Audit Validation Guidance Manual.

Water audit validation aims to identify and appropriately correct for inaccuracies in water audit data and the application of methodology. Furthermore, validation also evaluates and communicates the uncertainty inherent in water audit data. To accomplish these goals, MWDOC’s validation Shared Service will follow the steps published in the Water Research Foundation Level 1 Water Audit Validation Guidance Manual. The process will include:
• Review the water audit and supporting documentation.
• Review performance indicators for evidence of inaccuracy. • Review audit inputs and data validity grades and confirm correct application of methodology in a Level 1 validation interview. Adjust inputs and data validity grades, if necessary.
• Review performance indicators again for evidence of persisting inaccuracy. • Document results.

MWDOC’s validation Shared Service will also employ the California-specific additional guidance developed by the California Water Loss Technical Assistance Program and subsequently taught in the Water Audit Validator (WAV) certificate course.

Validation results will be documented in a format acceptable to the Department of Water Resources. Templates for this format have been published by the California- Nevada section of the American Water Works Association on their WAV Certification webpage.

Deliverables include:
• Level 1 Validation Summary Notes
• Certified Validation Report (signed by validator)
Yes
No
$_________
Water Balance Validation is a Core service provided by MWDOC to its member agencies at no cost. MWDOC member agencies are
requested to check the box to the left indicating their choice to have MWDOC validate their annual water balance.

The Cities of Anaheim, Fullerton, and Santa Ana may access MWDOC’s Water Audit Validation service for a fee of $990 per validation. 9 Task 2: Meter Accuracy Testing
Customer meter accuracy testing enables an agency to measure a retail meter’s performance and, consequently, the throughput that the meter fails to register. By measuring a meter’s inaccuracy, an agency can understand the financial loss it causes and develop a plan to manage meter performance within its system.

Customer meter tests will be conducted in accordance with the methodology set forth in American Water Works Association manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. The stipulations in manual M6 include:
• Specific low, medium, and high flow rates for each meter type and size • Minimum test volume by flow rate and meter size
• Generally acceptable accuracy limits for new and repaired meters M6 also enumerates test procedures for laboratory tests and field tests that MWDOC staff and/or contractors will be required to follow.

Agencies can choose between two customer meter accuracy testing service providers: McCall’s Meters, Inc. or Westerly Meter Service Company. The Meter Accuracy Testing (MAT) Worksheet, Attachment 2 to this document, summarizes the fees for each meter accuracy testing service provider. Note that the fees are slightly different between providers. As a result, each service provider has its own MAT Worksheet. Agencies will need to:
• Select the meter accuracy testing company of their choice, • Identify the number and sizes of meters to be tested (green data entry cells), and • Estimate the number of meetings (McCall’s) or hours and mileage (Westerly) for meetings with the selected company.

This worksheet should be used to calculate the total cost for meter accuracy testing services for your agency. The cost estimate calculated in the MAT Worksheet should be entered into the shaded cell immediately below. E Source is available to assist agencies in quantifying the number and sizes of meters to be tested, and in interpreting the results, as part of Task 3: Component Analysis of Apparent Losses.

Small-meter (5/8 – 2 inch) testing will require agencies to remove the meters from the field and deliver them to the selected meter-testing company. Meter testing company locations are provided below. Large meters (3 inches and larger) will be tested in-situ.

McCall’s Meters, Inc. Westerly Meter Company
1498 Mesa View Street 1937 W. Eleventh St. Suite E
Hemet, CA 92543 Upland, CA 91786
(951) 654-3799 (951) 205-3725
Deliverables include:
• Meter accuracy testing results
• Warehousing of test results data
$
$_________
$________
MWDOC Administrative Fee Charged Per Meter Accuracy Test Invoice Processed, Not to Exceed Four Charges per Fiscal Year = $346
Input the total dollar amount calculated in the MAT Worksheet. Task 2 Total 10 Task 3a: Distribution System Leak Detection
Leak detection will be conducted using a comprehensive acoustic survey, meaning that leak detection technicians will sound all accessible appurtenances regardless of spacing distances. The following protocols will be adopted for leak detection:
• Sounding points: Physical contact and sonic leak sound amplification will occur for each hydrant, and customer service connection. Valves may be used as contact points, if necessary. • Sonic ground listening (hard cover): When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making ground contact directly over the pipe at intervals no greater than six (6) feet when ground cover is pavement, concrete, or a similar hard surface. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours, then survey will be considered during nighttime hours. Such situations will be pre-approved with retail agency staff before any night surveying is undertaken.
• Sonic ground listening (soft cover): When normal ground contact points are not available and ground cover is not a hard surface, probe rods will be used at 10-foot intervals. A sound amplifier will be used on probe rods
• Verification: All indications of leaks found during initial survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator whenever possible. Pinpointing leak locations through interpretation of sound intensity, whether by ear, decibel metering, or comparable methods, will be used when contact points are available for access with a computer-based leak sound correlator.

MWDOC staff will perform distribution system leak detection at a cost of $350 per mile of distribution main surveyed for MWDOC member agencies and $374 per mile for non-member agencies. Metropolitan will contribute $170 per mile thereby reducing the cost to $180 per mile to member agencies. Deliverables include:
• Distribution System Leak Detection Plan
• Weekly progress reporting and leak verification
• Final Reporting
• Training for measuring leak rates in gallons per minute Please note that in order to be eligible to receive Metropolitan funding, participating agencies must provide leak repair results. All leaks must be investigated, repaired, or slated for repair, and their status reported to MWDOC within 60 days of the completion of the leak survey. If a MWDOC member agency does not report this information to MWDOC within 60 days, the member agency will have to pay the full cost of the survey at $350 per mile. MWDOC may also perform visual/acoustic verification of repairs as needed to satisfy Metropolitan funding requirements.

Participating agencies must elect a minimum of 50 miles or the full system, whichever is less. $_________ Task 3a total = miles X $180 for MWDOC Member Agencies Task 3a total = miles X $374 for the Cities of Anaheim, Fullerton, and Santa Ana 11 Task 3b: Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at a cost of $683 per leak investigation. The methodology to detect suspected leaks will employ the same process described in Task 3a. Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report and pinpointed leak location
Please note that pricing may vary if the suspected leak survey area extends beyond one city block. For assistance in determining suspected leak survey costs for your needs, please contact Rachel Davis at the number or e-mail address below.

Municipal Water District of Orange County Rachel Davis
Water Loss Control Programs Supervisor (714) 593-5308
[email protected]
Please see Attachment 1 for more details.
$ Task 3b Total = number of suspected leaks X $683
Task 4: Distribution System Pressure Survey
The methodology used for pressure surveying depends on the survey goal of: 1) Average zonal and system pressure survey, or 2) Pressure transient survey using high frequency logger. Methodology must be agreed upon with each agency before surveying begins. The methodology to be determined includes:
• Logger settings (e.g., sampling and recording frequencies) • Logger deployment locations
• Logger deployment durations
• Analysis of data after logger retrieval
1) Average Zonal and System Pressure Survey
Pressure loggers can be deployed to evaluate the pressure range in a system or zone, which can then be used to estimate the average system or zonal pressure. Loggers should be placed strategically to capture the highs and lows of each pressure zone in the system. The survey methodology must be tailored to the infrastructure being studied.
2) Pressure Transient Survey
A pressure transient survey identifies instantaneous, damaging pressure swings caused by infrastructure malfunctions, sudden and significant demand changes, or rapid hydrant operation. Pressure transients move quickly and can only be identified with a high sampling frequency. At a minimum, loggers should be deployed immediately upstream and downstream of pressure-regulating infrastructure suspected of transient production.

The resulting data analysis will include:
• Transient identification using a relative or absolute amplitude threshold o Absolute: transient amplitude
o Relative: ratio of transient amplitude to average location pressure • Temporal transient alignment to study the direction and speed of transient propagation MWDOC staff will perform a distribution system pressure survey at a cost of $4,157 per 8-logger survey. $ Task 4 Total = number of 8 logger surveys X $4,157.
12 Fiscal Year 26-27
Year 8
Summary of Shared Services Elections:
(transfer total for each Shared Service above to this summary table) Task 1: Water Audit Validation Yes
No
$ (3-Cities only)
Task 2: Meter Accuracy Testing
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3a: Distribution System Leak Detection
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3b: Suspected Leak Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 4: Distribution System Pressure Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Total Elected Amount: $
Less Total Rollover Funds to be Applied: $
Total Amount to be Invoiced: $
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Check One;
 Invoice Upon Receipt
 Invoice July 1, 2026
13 By: By:

Date: Date:

Harvey De La Torre, General
Manager
Name:

Title:

Municipal Water District of Orange County Agency:
14 Attachment 1
Water Loss Control Shared Services
Suspected Leak Survey
Background:

MWDOC’s Suspected Leak Survey Shared Services has evolved into two distinct elections based on the varying needs of member agencies. The first election is a Known Area Suspected Leak Survey of an isolated geographic area and requires a simple and limited investigation. The “Known Area” leak survey is billed at a flat rate as defined in Task A below.

The second election is an Unknown Area Suspected Leak Survey of a broader geographic area and requires significantly more investigation and time to complete than a “Known Area” survey.

The “Unknown Area” leak survey is billed based on actual time spent planning, executing, and reporting the investigation.

MWDOC staff will evaluate each suspected leak investigation request and inform the requesting agency whether the investigation falls under Task A or Task B, as described below. Before initiating the “Unknown Area” leak survey, MWDOC staff will provide the requesting agency with an estimated, not-to-exceed cost for the investigation.

Task A: Known Area Suspected Leak Survey
MWDOC staff will perform a suspected-leak survey at a cost of $651 per investigation. The leak investigation area shall not exceed one standard city block. MWDOC will listen to all meters and hydrants within the survey area using appropriate acoustic equipment. Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques, such as visual inspection and chlorine residual testing, may be used if applicable.

Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location if found $ A Total = number of suspected leaks X $683
15 Task B: Unknown Area Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at its cost, including time and materials. The leak investigation area may expand beyond a city block and may change during the course of the investigation. MWDOC will listen to meters and hydrants within the survey area using Acoustic Digital Water Leak Detectors. Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable.

Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location, if found Note that the value below is an estimated, not to exceed cost. Because the exact location of the leak is not known and may evolve during the survey, the estimated cost is also subject to change.
$ Task B Estimated Total based on Time and Materials = $ 16 Attachment 2
Meter Accuracy Testing (MAT) Worksheet
McCall’s Meters, Inc.

McCall's Meters, Inc.

Meter Accuracy Testing Fee Worksheet
Participating Agency:

Contact Person: Phone
& Email:

Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $45.00 $
1 1/2 in. and up $60 to $65 (1) $
3 in. Turbine $80.00 $
Large Meter Testing
3 in and up. $225 (2) $
Ratesfor Pickup or Delivery of Meters $125/hour
Ratesfor attending meetings $125/day $
Total: $
(1) Fixed rate of $60 for non-turbine meters and $65 for turbine meters. (2) Requires a minimum of 4 meters per day; If less than 4 tests, a portal-toportal fee of $125 will be charged. 17 Attachment 2
Meter Accuracy Testing (MAT) Worksheet
Westerly Meter Service Company
Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $30.00 $
1 1/2 in. and up $70.00 $
3 in. Turbine N/A $
Large Meter Testing
3 in and up. $200 $
Ratesfor Pickup or Delivery of
Meters No Charge (1)
Ratesfor attending meetings $150/hr. + mileage $
Total: $
(1) No charge for orders transport of over 50 meters. Transport of less than 50 is based on time and mileage 18 ADDENDUM B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks
TASKS
1 PROJECT ADMINISTRATION
Project administration:

Partner with E Source and the larger MWDOC group (Required) ● Communication
● Systems of data collection and management
● Travel expenses
● Invoicing
$2,200 Project administration
TASK 2 WATER AUDIT COMPILATION
Task 2: Water audit compilation:

Estimate apparent and real water
loss. Assess data availability and
quality
● Water audit data collection and review
● Raw billing data validation (study of completeness and consistency, pro‐rating to reduce lag‐time effects) ● Water audit compilation
● Water audit documentation in preparation for level 1 validation $11,240 Task 2: Water audit compilation
TASK 3 SOURCE OR PRODUCTION METER VOLUMETRIC ACCURACY TESTING Task 3: Source/Production meter volumetric accuracy testing:

Design and conduct a volumetric source meter accuracy test Establish a field‐validated water‐supplied baseline for the water audit Document test procedures for future meter accuracy investigation ● Site visit and test design
● Volumetric accuracy test with comparative meter or reservoir reference volume ● Data chain assessment (“loop audit” or SCADA calibration), if relevant ● Test results analysis and documentation
● Test procedure documentation
$9,270 Task 3: Volumetric production meter accuracy test, per meter.

TASK 4 BILLING DATA CHAIN ASSESSMENT
Task 4: Detailed custom billing data chain assessment:

Assess billing data for potential errors and/or inconsistencies ● Mapping of meter read collection and billing process
● Comparison of raw data across billing data management platforms (read collection system, billing data system, and reporting system)
● Identification of data transmission errors ‐ misreads, zero reads, dropped reads, duplicated reads, etc.

Varies Task 4: Billing data chain assessment.
19 TASK 5 COMPONENT ANALYSIS
Task 5a: Component analysis of real losses – Gap Analysis:

Assess repair data in preparation for a real loss component analysis. • Collection of leakage repair documentation
• Evaluation and summarization of repair data
• Identification of gaps in repair documentation
• Memo documenting recommendations for repair data improvements and documentation Task 5b: Component analysis of real losses:

Establish the distribution system’s unique leakage profile Determine cost‐effective leakage management strategies for the short‐, medium‐, and long‐term • Collection of leakage repair documentation
• Evaluation of repair process documentation
• Determination of unique leakage profile (background, unreported, and reported leakage) • Analysis of cost‐effective intervention against leakage • Leak management program design
Task 5c: Component analysis of apparent losses:

Assess customer meter inaccuracy
Value apparent losses
Design an apparent loss management strategy
5c-1: Small Meter Test Strategy & Sample - $7,680
• Facilitate discussions to understand agency goals for customer meter testing • Develop test strategy based on agency goals
5c-2: Small Meter Test Sample - $3,280
• Develop meter sample based on pre-defined test strategy (if test strategy has not been defined, consider signing up for Small Meter Test Strategy & Sample)
5c-3: Small Meter Test Data Analysis - $7,920
• Analyze small customer meter test data
• Note: Agency must complete small customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. 5c-4: Large Meter Test Design - $3,960
• Develop large meter test design including testing schedule • Test design employs least cost of ownership model to prioritize large meters for testing 5c-5: Large Meter Test Data Analysis - $6,080 typical cost (discuss pricing with E Source. Pricing based on test data and billing data availability)
• Analyze large customer meter test data
• Note: Agency must complete large customer meter testing to execute this task. See shared services contract for customer meter testing options and costs if necessary. $5,560 Task 5a: Component analysis of real losses – Gap Analysis $16,180 Task 5b: Component analysis of real losses
$8,560
$3,660
$8,840
$4,420
Varies
Task 5c: Component analysis of apparent losses (meter testing budget through Shared Service Contract is also required if testing cannot be conducted in‐house) 5c-1: Small Meter Test Strategy & Sample
5c-2: Small Meter Test Sample
5c-3: Small Meter Test Data Analysis
5c-4: Large Meter Test Design
5c-5: Large Meter Test Data Analysis $6,780, typical (discuss pricing with E Source. Pricing based on test data and billing data availability)
20 TASK 6 SWRCB WATER LOSS STANDARD ASSISTANCE
Task 6a: Information Order Response Assistance:

Document response to Information Orders from the SWRCB related to compliance with the Water Loss Standard.
● Compilation of results and findings from related activities to date ● Memo documenting response to Information Order
Task 6b: Off‐Ramp Assistance:

Document compliance with Off‐Ramp criteria
● Collection of relevant data and supporting documents
● Document activities and/or data proving compliance with each Off‐Ramp criterion ● Compilation of Off‐Ramp request
Task 6c: Economic Model Custom Input Evaluation:

Calculate custom inputs and compile supporting documents for the SWRCB’s economic model. ● Request and compilation of relevant data (e.g. leak repair documentation, leak detection results, financial data, infrastructure data, etc.)
● Review of data collected to identify what custom inputs may be calculated ● Calculation of customized value for inputs where the minimum data threshold is met ● Compilation of supporting documents for input adjustment application ● Assistance with creating memo to the SWRCB, requesting custom input adjustment Task 6d: Questionnaire Response Assistance
Document responses to SWRCB required reporting (Data Quality, Pressure Management, Asset Management, and/or Leak Registry)
● Request and compilation of relevant data
● Review of data collected
● Calculation and/or narration of response to each question ● Review of responses with agency staff
● Assistance with submitting response to questionnaire
$ Varies,
Discuss
with E
Source
Task 6a: Information Order Response Assistance
$6,060 Task 6b: Off‐Ramp Assistance
$ Varies,
Discuss
with E
Source
Task 6c: Economic Model Custom Input Evaluation
$ Varies,
Discuss
with E
Source
Task 6d: Questionnaire Response
21 TASK 7 WATER LOSS TEAM DEVELOPMENT
Task 7a: Team Development Process Maps:

Establish a water loss team roster
Document processes related to water audit data collection ● Interviews with staff
● Identification of key water loss team members
● Document and map water loss data collection processes Task 7b: Educational Workshops:

In‐person educational workshop with agency staff to provide water loss background and connect day‐to‐day tasks with water loss calculation.

Workshops will offer an opportunity to elicit feedback from staff and prepare them for upcoming projects and data requests.
● Development of slides and materials for meeting
● Travel to agency
● Facilitation of educational workshop
$7,560 Task 7a: Team Development Process Maps
$5,680 Task 7b: Educational Workshops
TASK 8 LEAK SIMULATION MODEL
Task 8: Leak Simulation Model:

Quantify the impacts of leak detection technique accuracy on achievable overall system loss rates and projected workload
Evaluate the cost‐benefit of leakage control strategies under varying assumptions of fundamental leakage characteristics.
● Collection of leakage repair documentation
● Assessment of unique leakage profile
● Consider sub‐system level infrastructure characteristics and their impact on loss rates, including pipe‐ segment level data for likelihood and consequence of failure, if available. ● Provide an intuitive visualization of the water distribution system that shows how leakage control strategies are implemented and their resulting impact on individual leaks and system‐level leakage rates.
● Estimate future system‐wide loss rates under varying assumptions for leakage characteristics and loss recovery efforts that can be compared with state regulatory targets or other performance goals. ● Project the workload required to implement and maintain various leakage management strategies, including manual acoustic leak detection, automated acoustic noise loggers, satellite leak detection. $ Varies,
Discuss
with E
Source
Task 8: Leak Simulation Model
22 TASK 9 WATER LOSS PILOT PROGRAM MANAGEMENT AND EVALUATION Task 9: Water Loss Pilot Program Management and Evaluation:

Develop a pilot plan to assess the effectiveness of leakage management technologies/strategies ● Collection of previous water audits and repair data
● Development of pilot plan detailing the leakage management techniques to be piloted, scale of implementation, and level of effort required from participating agency staff ● Work with participating agency to vet and manage technology providers ● Tracking and collection of data during pilot implementation ● Recommend metrics to evaluate the success of the pilot program and identify data collection necessary to calculate metrics
● Report on the performance of each pilot technology and recommend next steps necessary for full system implementation
$ Varies,
Discuss
with E
Source
Task 9: Water Loss Pilot Program Management and Evaluation TASK 10 WATER LOSS STANDARD COMPLIANCE PLAN
Task 10: Water Loss Standard Compliance Plan:

Develop a Water Loss Compliance Plan to assist with meeting the Water Loss Standard ● Review the participating agency’s Water Loss Standard modeled by the SWRCB ● Evaluate data uncertainty and recommendations for data improvement ● If available, consider results of leak simulation model, real loss component analysis, and/or pilot results ● Develop a timeline, cost estimate, and key milestones associated with the Water Loss Compliance Plan, based on existing data sources
$ Varies,
Discuss
with E
Source
Task 10: Water Loss Standard Compliance Plan
TASK 11 MISCELLANEOUS WATER LOSS TECHNICAL ASSISTANCE
Task 11: Miscellaneous Water Loss Technical Assistance
For tasks not covered in Tasks 1-10, provide agency technical assistance for water loss analysis and/or compliance with State regulations.
● Assess level of support and associated costs through consultation with E Source ● E Source to provide cost proposal before proceeding
● Cost proposal shall be developed in accordance with hourly rates in Technical Assistance Program Contract
$ Varies,
Discuss
with E
Source
Task 11: Miscellaneous Water Loss Technical Assistance
Addendum B
January 1, 2026 through June 30, 2027
Water Loss Control Technical Assistance Tasks
Participating Agency: _________________
Cost Sheet for Selected Water Loss Control Services with E Source Tasks: (All tasks are performed by E Source) Task
Cost
Selected
Service
Met Funding
Request
(up to 50%
of task cost)
Task 1 – Project Administration and Progress Reporting (Required) $2,200 $2,200 Task 2 – Water Audit Compilation $11,240 $
Task 3 – Source or Production Meter Volumetric Accuracy Testing $9,270 $ Task 4 – Custom Detailed Billing Data Chain Assessment Varies Task 5 – Component Analysis
Task 5a: Component Analysis of Real Losses – Gap Analysis Task 5b: Component Analysis of Real Losses
Task 5c: Component Analysis of Apparent Losses
$5,560
$16,180
Varies
$
$
$
Task 6 – SWRCB Water Loss Standard Assistance
Task 6a: Information Order Response Assistance
Task 6b: Off-Ramp Assistance
Task 6c: Economic Model Custom Input Evaluation
Task 6d: Questionnaire Response Assistance
Varies
$6,060
Varies
Varies
$
$
$
$
Task 7 – Water Loss Team Development
Task 7a: Team Development Process Maps
Task 7b: Educational Workshops
$7,560
$5,680
$
$
Task 8 – Leak Simulation Model Varies $
Task 9 – Water Loss Pilot Plan and Evaluation Varies $
Task 10 – Water Loss Compliance Plan Development
Task 10a: Water Loss Compliance Plan Development
Task 10b: Water Loss Compliance Plan Updated
Varies
$
$
Task 11 – Miscellaneous Water Loss Technical Assistance Varies $ Rollover Funds to be Applied: $
New Amount to be Invoiced
(Task Totals Less Rollover Funds) Total: $
This Cost Sheet may be updated upon mutual consent of the parties as indicated in writing.

By: By:

Date: Date:

Harvey De La Torre, General Manager Title:

Municipal Water District of Orange County Agency:

Agenda Item J

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing a Professional Service Agreement with Environmental Compliance Inspection
Services for Fats, Oils and Grease Inspection Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7761:

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $17,525 per additional term.

BACKGROUND AND ANALYSIS:

The City of Seal Beach performs sewer collection for residents, which is transported to the Orange County Sanitation District (OCSD) for treatment. All sewer agencies (including Seal Beach), are required to maintain a permit (Order No. R8-2002-0014, General Waste Discharge Requirements - WDR) with the state. In April 2002, the Regional Water Quality Control Board (RWQCB), Santa Ana Region, issued the WDR permit for all Sewage Collection Agencies within the Santa Ana Region. This order places requirements on all wastewater agencies with the overall goal of protecting public health and safety. The highest priority of the permitting agency is to prevent sewage from leaking out of the sewer systems in what is called Sanitary Sewer System Overflows (SSO). Sewer blockages account for over half of the sewer spills reported in Orange County. The largest contributor to the cause of blockages and SSOs is fats, oils, and grease (FOG) getting into sewer lines.

Page 2 ends

Having an active program to limit FOG in the City’s sewer lines is not only good practice, but a requirement of the City’s WDR permit. In addition to complying with the requirements of the permit, removing grease from the sewer system keeps sewer rates as low as possible both for the City as well as OCSD. When FOG enters the sewer system it increases maintenance cost of City sewer mains and sewer pump stations, and increases the treatment cost for OCSD.

The City implemented its FOG Control Program to reduce the discharge of FOG into the sewer system. The City Council adopted a FOG Control Ordinance on September 13, 2004 to establish legal authority for the City to control FOG discharge. The FOG Control Program was then created to implement and enforce the Ordinance. Staff developed a FOG manual and permits to comply with the Ordinance.

Restaurants are the largest contributors of FOG to the sewer system, so the City’s FOG program is tailored to them. All FOG producing restaurants in the City are required to install devices that prevent FOG from entering the sewer system. There are currently, 113 food facilities or restaurants in the City, 70 of which are deemed “Food Service Establishments” (FSEs)” per the Municipal Code. FSEs are subject to additional strict guidelines regarding maintenance of their FOG interceptors.

The failure of an FSE to properly maintain its interceptors can lead to blockages, overflows, and spills that pose a threat to the City’s sewer facilities and the public health and welfare. A key component to the City’s FOG Program therefore is the regular inspection of FSEs and their FOG interceptors for compliance with the City’s requirements.

Since 2006, the City has contracted with Environmental Compliance Inspection Services (ECIS) to provide FOG inspection services. As ECIS is very familiar with the City’s FSEs, the City’s FOG ordinance, administrative citation process, and provides prices that are very competitive for the market, staff recommends entering into a new professional services agreement to continue providing FOG inspection services. The services would generally include inspections of each restaurant facility as scheduled throughout the year. These inspections would include documentation of the current conditions at the site; follow-up inspections, if required; review of educational information with the facility staff; and issuance of citations or notices of violations, if necessary.

The contractor term is for three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. ECIS’s agreement is in the not-to-exceed amount of $52,575 for the three-year original term. Each one-year term extension is in the amount of $17,525.

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

Page 3 ends

seen with certainty that the approval of an agreement will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Services performed by ECIS under this Agreement will be expensed from the Sewer Operations fund and be reimbursable by permittees through the City’s adopted Cost Recovery Schedule. There are no impacts to the City’s General Fund.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7761:

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $17,525 per additional term.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7761
B. FOG Agreement with Environmental Compliance Inspection Services RESOLUTION 7761

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL

COMPLIANCE INSPECTION SERVICES TO PROVIDE FATS, OILS

AND GREASE INSPECTION SERVICES
WHEREAS, the City is required to implement a Fat, Oils and Grease Control Program to comply with General Waste Discharge Requirements No. R8-2002-0014; and, WHEREAS, pursuant to the Seal Beach Charter, Seal Beach Municipal Code Chapter

3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding, and Seal Beach Municipal Code Section 3.20.025(C) provides an exemption from completive bidding requirements for purchases of professional services; and,
WHEREAS, the City has determined that Environmental Compliance Inspection Services is qualified to provide professional services for Fats, Oils and Grease Inspection Services.

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

Section 1. The City Council hereby awards a Professional Services Agreement (Agreement) to Environmental Compliance Inspection Services in a notto-exceed amount of $52,575 for a three (3) year term.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City.

Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with Environmental Compliance Inspection Services for up to two (2) additional one-year terms, at his discretion, in a not-to-exceed amount of $17,525 for each one-year term extension.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of April 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 7761 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of April 2026.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Fats, Oils and Grease Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Environmental Compliance Inspection Services
33322 Marina Vista Drive
Dana Point, CA 92629
949-481-8826
This Professional Service Agreement (“the Agreement”) is made as of April 27, 2026 (the “Effective Date”), by and between Jon Kinley dba Environmental Compliance Inspection Services (“Consultant”), a sole proprietorship, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 24

RECITALS
A. City desires Fats, Oils and Grease Inspections services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a solicitation on December 16, 2025, for the Fats, Oils and Grease Inspection Services and as further defined and described with specificity in Section 1.0 of this Agreement.

Consultant submitted a proposal dated January 6, 2026 to perform the professional services defined and described in Section 1.0 of this Agreement.

C. Consultant represents that the principal members of its firm are licensed Fats, Oils and Grease Inspectors 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.

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 Request for Proposals or other solicitation (“RFP”), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant’s accepted Proposal (“Proposal”) attached hereto as Exhibit B and incorporated herein by this reference, all to City’s reasonable satisfaction.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the Proposal (Exhibit A); and (ii) Terms for Compliance with California Labor Law Requirements (Exhibit B), 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 B (Terms for 3 of 24
Compliance with California Labor Law Requirements); and then (iii) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, etc. 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 the City shall not operate as a release of Consultant from such standard of care and workmanship.

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

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 as of the Effective Date and shall continue for a term of Three (3) (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement.
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2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two additional terms of one year each (“extension”), by providing written notice to Consultant at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from July 1, 2029 through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from July 1, 2030 through and including June 30, 2031, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Consultant’s authorized representatives.

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 $47,370 (Forty Seven Thousand Three Hundred and Seventy Dollars) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection

1.6 will be compensated in accordance with the fee 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.

3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, and in consideration of Consultant’s performance of the Services set forth 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 Services but in no event will City pay more than the total not-to-exceed amount of $15,790 (Fifteen Thousand even Hundred and Ninety Dollars) for each extension. Payment for any additional work authorized by City for each extension 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 each extension.

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 5 of 24
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.

5.2. 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 the effective termination date. 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.
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6.2. Jon Kinley is the Consultant's primary representative for purposes of this Agreement. Jon Kinley shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Environmental Compliance
Inspection Services (ECIS)
33322 Marina Vista Drive
Dana Point, CA 92629
Attn: Jon Kinley

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 7 of 24
performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (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.

9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, 8 of 24
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 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, 9 of 24
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 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 10 of 24
of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

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.

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.

12.1. 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.
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12.2. 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, and any subcontracting shall be at Consultant’s sole cost and expense. 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.

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
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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.

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;

17.2.3. 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 13 of 24
connection with this Agreement, with minimum limits of $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.

17.4. Additional Insureds.

17.4.1. For general 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 services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

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 14 of 24
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;

17.9. 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.

17.12. 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 15 of 24
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.

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.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, 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 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 “Claims”), 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 Claims 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 Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are 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, 17 of 24
subcontractors and/or 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 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.

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

18.4. 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.

18.5. 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 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, 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. 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, 18 of 24
consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law.

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.

26.0 Non-Exclusive Agreement
Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

27.0 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.

28.0 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.

29.0 Prohibited Interests; Conflict of Interest

29.1. 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 20 of 24
employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

29.2. 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.

29.3. 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.

30.0 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.

31.0 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, 21 of 24
and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

32.0 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.

33.0 Mutual Cooperation

33.1. 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.

33.2. 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.

34.0 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.

35.0 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.

36.0 Titles and Headings
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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.

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

38.0 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.
[signatures on following page]

EXHIBIT A

PROPOSAL
(Consultant’s Proposal for Fats, Oils and Grease
Inspection Services, dated January 6, 2026)

ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES

SOURCE CONTROL SOLUTIONS
33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:[email protected] Date: 1-6-26
To: Mr. David Spitz / Associate Engineer / City of Seal Beach From: Jon Kinley / President / ECIS
Re: FOG Program Proposal for 2026-28
Dear Mr. Spitz:

Please see below a proposal for ECIS to implement a FOG Program consisting of an annual FSE Grease Best Management Practices (GBMP) Inspections Program, 3x Annual Grease Control Device Inspections (GCDI), and as needed FOG Plan Reviews for the City of Seal Beach “City” for 2026-28. This proposal reflects the current FOG Program as it is currently implemented.
 GBMP’S: GREASE BEST MANAGEMENT PRACTICES INSPECTIONS
INSPECTION FREQUENCY: ECIS proposes to perform annual on-site, Grease Best Management Practices (GBMP’s) inspections at all FSE’s listed currently, or in the future, within the City Source Control Program database, on an annual basis. ECIS proposes to inspect each FSE a total of two times, the initial inspection and then the return inspection. If compliance is not obtained by the FSE after this second inspection, ECIS will notify City of all such FSE’s, along with all relevant information including the reason(s) for the issuance of the NON.

INSPECTION S.O.P. : ECIS proposes to perform these inspections in accordance with all criteria as outlined in the existing City GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT.

ECIS proposes to inspect for the following at these inspections: (1) Removal of food grinder (2) Inspect Grease Collection Maintenance logs and Employee Training logs (3) Inspect for installation and maintenance of all Drain Screens (4) Inspect to ensure Food Waste BMP’s are followed (5) Inspect to ensure Dry Wiping BMP is followed (6) Inspect for Emergency Spill Materials or Spill Response Kit (7) Inspect to ensure Grease BMP poster(s) are located in approved areas.

NOTIFICATION PROCEDURE: ECIS proposes to inform and give written notification of all instances of Non-Compliance to the affected FSE, and how to obtain compliance, as described within the GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT.

ECIS proposes to inform City of all FSE’s found to be in Non-Compliance, with all enforcement procedures beyond the established notification of non-compliance procedure(s) by ECIS, to be City responsibility.

ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES

SOURCE CONTROL SOLUTIONS
33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:[email protected] COMPLIANCE OBTAINMENT: All FSE’s in non-compliance will be given 30 days to obtain compliance for any/all instance(s) of non-compliance found deemed to be structural such as the removal of garbage grinders or the installation of drain screens. All FSE’s found to be non compliant for non-structural issues such as lack of employee training or lack of service receipts shall be given 14 days to obtain compliance.

GBMP FEE: ECIS proposes to charge City a fee of $ 80.00 per FSE inspected. All return inspections due to non-compliance will carry a fee of $80.00 per FSE, per visit. ECIS proposes to lock in this fee for the life of the current contract.

ADDITIONAL SERVICES FEE: ECIS proposes to charge City a fee of seventy Five (75) dollars per hour for additional services such as council/committee meetings etc.. ECIS proposes to lock in this fee for the life of the current contract.

EDUCATIONAL MATERIALS / DOCUMENTATION: ECIS proposes to distribute all applicable and relevant material related to the program to all known and/or affected FSE’s at the time of the inspections.

DATABASE: ECIS proposes to include all information relevant to the program on the same Excel database as the Grease Control Device Inspections (GCDI). This information will be located within a separate worksheet labeled “GBMP’s”.

FOG PLAN REVIEW SERVICES: ECIS proposes to also perform as needed FOG Plan Review services as is currently included in the existing agreement with no changes made. ECIS proposes to charge the usual $175 per plan. ECIS estimates that there may be 9 plan reviews performed over the next three years of the new agreement. This may add an additional $1,575 to the program cost.

ECIS proposes to supply electronically, an updated copy of the Excel database to City within two weeks of the end date of each inspection run.

GBMP PROGRAM COST ESTIMATION: Using the last current (December 2025) estimated number of 70 FSE’s subject to inspection, the estimated annual cost of Grease BMP Inspection Program without return inspection charge is $ 5,600.00 (70x $80). Because the level of non-compliance is so difficult to estimate, ECIS estimates that out of 70 FSE’s, three quarters (53), may be found to be non-compliant and subject to return inspection, thus increasing the cost of the estimated yearly program by an additional $ 4,240-(53 X $80). Estimated annual cost of GBMP Inspection Program, with all return inspection charges as outlined above is $9,840. ($5,600 + $4,240).
 GCDI’S GREASE CONTROL DEVICE INSPECTIONS
INSPECTION FREQUENCY: ECIS proposes to inspect all Gravity Grease Interceptors (GGI) and HydroMechanical Grease Interceptors (HGI) within City sewer service area on a 3x annual basis. This inspection program is exactly the same as it is now currently being implemented.

ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES

SOURCE CONTROL SOLUTIONS
33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:[email protected] INSPECTION S.O.P. : ECIS proposes to perform the following minimum at all inspections:

1. Contact customer.

2. Determine capacity and condition of grease interceptor and record results.

3. Observe recent pumping manifests and or receipts-record on database.

4. Inform customer of all results and/or actions.

5. Issuance and follow up of notice of non-compliance (NON) if necessary.

DATABASE: ECIS proposes to gather, maintain, and provide a complete Excel database of all FSE’s which do and/or do not discharge wastewater containing fats, oil or grease (FOG) into the sewer collection system.

This database will include, but is not limited to, the following information:

1. Name-location of establishment.

2. Property owner, manager, contacts person name(s), and phone number(s).

3. Grease interceptor location, number of inspection points, and volume in gallons/pounds.

4. Date of inspection, most recent pumping date, and condition of interceptor.

5. Waste hauler names, addresses, and phone numbers.

6. NON issuance date(s), recheck dates, and results as well as any/all relevant information.

GCDI FEE: ECIS proposes to charge City at a rate of Twenty (20) dollars per inspection point. An inspection point is defined as any opening into the grease interceptor or grease trap, designed for providing access to or obtaining a sample(s). ECIS proposes to lock in this fee for the life of the current contract.

PROGRAM COST ESTIMATION: The following estimated cost breakdown is for the actual inspections of the known GCD’s within City. Currently, (December 2025) there are 110 FSE’s in the City sewer service area. There are currently 116 inspection points (lids) between 40 Gravity Grease Interceptors (GGI) and 17 Hydro-mechanical Grease Interceptors (HGI). Inspecting 116 lids on a 3x annual basis will cost $5,640 – (116 X $20 X 3 = $6,960). To account for future growth ECIS is adding another 6 lids annually (1grease interceptor, or several smaller HGI’s) to the total. These 6 additional future lids will cause a rise of an additional annual total of $360. Therefore the total proposed annual program cost estimation for the GCDI program is $7,080. The total proposed cost for the three year term is $7,160

ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES

SOURCE CONTROL SOLUTIONS
33322 MARINA VISTA DR.• DANA POINT CA, 92629 • PHONE: (949) 481-8826• EMAIL:[email protected] ECIS proposes to supply electronically, an updated copy of the Excel database to City within two weeks of the end date of each inspection run.

INDIVIDUAL FOG PROGRAM COST ESTIMATIONS FOR FY 2026:
 3X Annual Grease Control Device Inspections: $7,160
 Annual Grease BMP Inspections: $9,840.
 As needed FOG Plan Reviews: $525
 Estimated 2026 cost for FOG Program is $17,525.
 Estimated 3 year total cost for FOG Program is $52,575.

Thank you Mr. Spitz for allowing ECIS the opportunity to further assist City in its endeavors to create a cleaner and safer coastal environment. Please feel free to contact me anytime with any questions or comments.

Respectfully submitted,
Jon C. Kinley
President
ECIS

ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
Source Control Solutions
33322 MARINA VISTA DR.• DANA POINT CA 92629 • PHONE: (949) 481-8826• EMAIL:[email protected]

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR

LAW REQUIREMENTS

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.

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.

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.

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.

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, and those City agents serving as independent contractors in the role of City officials, and volunteers 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.

Agenda Item K

AGENDA STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing the Purchase of a Mechanical Beach Cleaner for Coastal Grooming and Beach
Maintenance, and Budget Amendment BA #26-10-02
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7762:

1. Authorizing the purchase of one (1) Barber Surf Rake for coastal grooming and beach maintenance in the not-to-exceed amount of $90,171.25; and,

2. Authorizing and directing the City Manager to approve a purchase order and any necessary related documents for the coastal grooming equipment purchase; and,

3. Approving Budget Amendment BA #26-10-02 in the amount of $90,171.25; and,

4. Authorizing the City Manager to surplus existing equipment upon the completion of the new equipment purchase.

BACKGROUND AND ANALYSIS:

The City of Seal Beach (City) currently maintains approximately 1.75 miles of coastline, requiring staff to utilize numerous pieces of equipment and tools to accomplish this task. Maintenance actions within the coastline itself include, but are not limited to, general trash collection, graffiti abatement and removal, and beach grooming.

In order to conduct beach debris and litter collection, staff utilizes a large piece of tow-behind equipment called a mechanical cleaner, of which daily passes are made across the sand itself to gather the aforementioned debris for disposal. The City’s existing unit, a BeachTech mechanical cleaner (BeachTech), has been in service for over 15 years, which is significantly over the manufacturer’s suggested complete overhaul of eight (8) years. This increased age and utilization has led to

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Seal Beach City CouncilApril 27, 2026

Seal Beach City Council
April 27, 2026