Agenda packet — Seal Beach City Council, September 14, 2026 (part 1 of 3)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, September 14, 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. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Microsoft Teams at the following link https://teams.microsoft.com/meet/296958473476160? p=KXZXp8fqj7Ep3tCZWp.

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
• Hunger Action Month Proclamation – September 2026
• El Nino Preparation Presentation
• Citizen-Council Business First Advisory Ad Hoc Committee Update

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.

Public Comment from Chad Berlinghieri

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

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

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

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

COUNCIL ITEMS
A. 2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions - That the City Council provide direction to the City’s voting delegate to support the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.

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.

B. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 2026.

C. Demand on City Treasury (Fiscal Year 2027) - Ratification.

D. Monthly Investment Report (July 31, 2026) - Receive and file.

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

F. City of Seal Beach Biennial Conflict-of-Interest Code Update - That the City Council adopt Resolution 7810 amending the City’s Conflict-of- Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).

G. Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan - That the City Council adopt Resolution 7811: 1. Approving Amendment 3 to the Professional Services Agreement with Michael Baker International Inc., for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and, 2. Approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and, 3. Authorizing the City Manager to execute the Amendments on behalf of the City.

H. Approving and Authorizing Purchasing for the Replacement of City Vehicles and Heavy Equipment - That the City Council adopt Resolution 7812: 1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not-to-exceed amount of $234,455.81, in accordance with the following breakdown:a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police Surveillance Unit #4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30; and, 2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and,

3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above- referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section

3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e) Contingency for $7,500.00; and, 4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting.

I. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional oneyear terms after its original term.

J. Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903 - That the City Council adopt Resolution 7814: 1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C.

Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County ClerkRecorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

K. Amending the FY 2026-27 West Orange County Water Board Budget - That the City Council adopt Resolution 7815 amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800.

L. Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

Approve Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association, MidManagement and Confidential Employees Association, and Marine Safety Management Association for the period of July 1, 2026 through June 30, 2029 - That the City Council: 1. Adopt Resolution 7817 approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association (SBSPA), the MidManagement and Confidential Employees Association (MMCEA), and the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the City Manager to execute and implement the Memoranda of Understanding in the form attached hereto.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
N. Authorizing Submittal for Grant Funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disability (EMSD) Program That the City Council: 1. Conduct a public hearing to receive input and consider the submittal of a grant application; and, 2. Determine this action is exempt from the California Environmental Quality Act; and, 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
O. Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That the City Council adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and,

2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411.

ADJOURNMENT
Adjourn the City Council to Monday, September 28, 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.

TWITTER/X
@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS

City Preparedness
and Winter Readiness
Operational readiness, public information, and the
annual sand berm
Following the climate briefing by Dr. Daniel Swain
Sgt. Brian Gray and Senior Engineer David Spitz
September 14, 2026 City Council Meeting

LOCAL READINESS
What Seal Beach plans for
Rain and drainage
Intense rain can produce street
flooding, water in low areas,
travel disruptions, and greater
demand on drainage and
pumping operations.

Coast and shoreline
High tides, elevated surf, wave
runup, and erosion can combine
to affect beaches, parking lots,
roads, and the lowest coastal
areas.

Power and
communications
Wind, saturated soil, and
infrastructure damage can
interrupt power or
communications when the City
needs them most.

Different neighborhoods can face different problems during the same storm
Old Town may face coastal and tidal flooding while College Park East faces rainfall and drainage impacts. Staff monitor the full combination of rain, tides, surf, drainage capacity, and field observations.

Dr. Swain's briefing sets the seasonal context. NWS forecasts and local observations drive each operational decision.

Source: City of Seal Beach preparedness materials and NOAA coastal-flooding guidance

OPERATIONAL EXAMPLE
Recent high-surf event
What occurred
• Elevated surf and high tides
created temporary flooding in
low coastal public areas.
• The most significant local
effects centered on the
boardwalk, Seal Way, beach
lots, and access points.
• Staff documented impacts,
protective actions, and
response costs after the event.

City response
• Police, Marine Safety, Public
Works, City Management, and
OCFA coordinated throughout
the event.
• The City accelerated berm work,
staged pumps and barricades,
adjusted access, and issued
public updates.
• Crews changed tactics as
forecasts and field conditions
evolved.

What we are refining
• Access openings must balance
flood protection, ADA access,
Marine Safety response, and
employee safety.
• Pumps work best after active
ocean inflow subsides enough
for safe and effective
dewatering.
• Resident reports should go
through SBPD Dispatch so the
City can log and route them
consistently.

Staff are incorporating field observations and resident feedback into winter procedures.

Source: City operational records and NWS San Diego coastal-hazard information, September 2026

OPERATIONS
City preparations before winter
Operations already in place
• Daily monitoring of NWS forecasts, tides, surf,
and local field conditions during elevated-risk
periods.
• Cross-department coordination among Police,
Public Works, Marine Safety, City Management,
and OCFA.
• Pump training, equipment staging, barricade
plans, sandbag supplies, and accelerated berm
construction when conditions warrant.
• Public alerts and social-media updates tied to
forecast changes and observed impacts.

Work continuing
• Finalize backup staffing and on-call support for
prolonged rain or coastal events.
• Refine sandbag, sandless-barrier, and
community-support logistics.
• Maintain a shared calendar for king tides and
forecast concerns.
• Prepare public messages and internal decision
guides before an incident.
• Document costs, protective measures, and
lessons after significant events.

The City adjusts staffing and equipment as each forecast becomes clearer.

Source: City of Seal Beach preparedness meeting notes and operational records

COMMUNITY READINESS
Public information and social media
Current outreach
• Updated website: the Emergency Preparedness section
now brings El Niño guidance, alerts, plans, and resident resources together.
• City graphics: new materials explain possible local
effects, household preparation, storm safety, and where to find reliable information.
• Social media: City and Police channels share forecast updates, closures, sandbag information, and safety
reminders.
• National Preparedness Month: weekly posts reinforce
alerts, emergency kits, family planning, and neighborhood readiness.
sealbeachpd.com/emergency-preparedness
One consistent message across the website, social media, AlertOC, and Nixle Source: City of Seal Beach Emergency Preparedness webpage and public information graphic

PUBLIC PREPAREDNESS
Resident resources and emergency alerts
Four actions for residents
• AlertOC: register household phone
numbers and email addresses for
County emergency notifications.
• Nixle: text 90740 to 888777 for Seal
Beach Police and public-safety
messages.
• Sandbags: free City supplies are
available at Arbor Park, Fire Stations 44
and 48, and Marina Park.
• Report concerns: call SBPD Dispatch
at 562-594-7232 for non-emergency
incidents so they can be logged and
routed.

Prepare and place flood protection
before rain begins
Source: City of Seal Beach alert and sandbag guidance

COMMUNITY READINESS
Neighbor 4 Neighbor preparedness discount
25% off emergency preparedness
supplies
Available to Seal Beach Neighbor 4 Neighbor
participants through Ready America
• Use the dedicated Neighbor 4 Neighbor Ready America
shopping page or scan the flyer QR code.
• Select preparedness supplies and add them to the cart. • The 25% discount applies automatically at checkout. No separate code is required.
• This household resource complements City alerts, sandbags, and neighborhood planning.
readyamerica.com/neighbor-4-neighbor
Source: Seal Beach Neighbor 4 Neighbor and Ready America program flyer

TRAINING AND PARTNERSHIPS
Flood Mitigation Workshop
Tuesday, October 6, 2026
9:00 a.m. to 3:00 p.m.

Seal Beach Police Department
911 Seal Beach Boulevard
Public Works personnel and West Orange County CERT
volunteers will train with Team Rubicon using California Department of Water Resources methods.
• Classroom instruction followed by hands-on flood mitigation practice.
• Proper sandbag filling and placement, temporary levees, plastic sheeting, and structure protection.
• Sandbags filled during the training will be offered to residents afterward.

Source: City of Seal Beach and Team Rubicon Flood Mitigation Workshop flyer Starlink pilot program: Year 2
YEAR 1
3 Starlink Mini units
Mobile beta testing with City vehicles
YEAR 2
5 additional systems for City buildings
City Hall, Police Department, Lifeguard Headquarters, Fire Stations 44 and 48
Purpose
• Provide an alternate internet path if conventional wired or cellular service is disrupted.
• Support Wi-Fi calling, emergency software, situational awareness, and continuity of operations.
• Complete site surveys and staff training while continuing to evaluate the three mobile units.

This pilot supplements existing
radio, cellular, and wired
systems. It provides another
communications option when
normal infrastructure is
disrupted.

Next: Annual Winter Sand Berm
Source: City of Seal Beach Starlink pilot memorandum and September 2026 Year 2 update

SERVICES WE OFFER
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Winter Sand Berm Construction and Removal
- Annual Sand Berm Construction history
- Began in 1940’s after the Federal Government built jetties for Naval Weapons Station
- Jetties divert winter wave swells from south to north, eroding south of the pier.
- Storms, swells and winter king tides cause beach overtopping and flooding. - 2-Year cycle for Berm Construction
- Year 1 – Construct and Removal
- Year 2 – Construct with Back-pass and Removal
- Back-passing is essential due to sand transport and loss from Southeast to Northwest. Sand brought back south bi-annually
- Request for Award of Annual Sand Berm Construction and Removal Project on tonight’s agenda.
- Low Bidder – Elka Construction, Inc.

SERVICES WE OFFER
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Annual Winter Sand Berm Plan

SERVICES WE OFFER
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Annual Winter Sand Berm – Plan View

SERVICES WE OFFER
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Annual Winter Sand Berm – Profile View

SERVICES WE OFFER
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Annual Winter Sand Berm - Pictures

SERVICES WE OFFER
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Pump Location: 10TH St Parking
Lot

Citizen-Council Business First
Advisory Ad-Hoc Committee
Quarterly Update
September 14, 2026
Why Business First
Moving from reactive processes toward proactive
business support
Committee Charge
The committee brings together business and
community perspectives to evaluate barriers,
identify opportunities and recommend practical
actions that strengthen business retention and
economic vitality in Seal Beach
Progress at a Glance
• Concierge Program
• Main Street Specific Plan
• Beautification
Business Concierge Program
Proactive guidance for businesses navigating City
processes
• Program framework and internal workflow
completed
• Business partnerships underway
• Website and communications materials in
development
Next: Core services launched,
outreach materials planned for
Fall 2026
Main Street Specific Plan
Modernizing provisions affecting entertainment
and franchise uses
• Existing language reviewed
• Streamline administrative review for
coffeehouses and restaurants
• Remove restrictions on stages and live
entertainment
• Removing prohibition on chain stores
• Committee recommended advancing revisions
Next: Oct Planning Commission and
Dec City Council consideration
Main Street Beautification
Near-term improvements that strengthen the Main
Street experience
• Main Street Vision Plan reviewed
• Café lighting, streetlights, and power washing
prioritized to Public Works
• Public Works to develop implementation plan
Next: Public Works to investigate
Implementation options, costs,
and timing
What We Heard from
Businesses
• 43 businesses interviewed
• Restaurants, retailers, services
• Common themes: foot traffic, rising costs,
trees, maintenance, homelessness,
marketing, more events
Future Considerations
• Business retention and vacancy reduction
• Continued business outreach
• Marketing initiative exploration
• LA28 business opportunities and
collaboration
Questions?
Thank you

Agenda Item A

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Patrick Gallegos, City Manager
SUBJECT: 2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions
SUMMARY OF REQUEST:

That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.

BACKGROUND AND ANALYSIS:

The City of Seal Beach is a member of the League of California Cities (Cal Cities), an association that represents the interests of California’s cities to the state legislature and provides cities with information on federal and state legislative affairs. The Cal Cities 2026 Annual Conference (Conference) will be held in Anaheim beginning September 23, 2026.

Sixty days before the Conference, Cal Cities members may submit resolutions on issues of importance to cities that are considered by the Cal Cities policy committees. This year, Cal Cities received one resolution by the July 25 deadline, which was submitted by the City of Murrieta. The resolution calls for formation of a working group to evaluate a state constitutional amendment or another legislative, policy, or ballot strategy intended to ensure greater local authority over housing and land use decisions. Cal Cities referred the proposal to its Housing, Community, and Economic Development Policy Committee for review on September 17, 2026. If advanced through the Cal Cities process, including the Resolutions Committee at the Annual Conference, the resolution may be considered by voting delegates during the General Assembly at the Conference.

According to the sponsor, the resolution responds to state laws that preempt or limit municipal discretion over housing, land use, zoning, density, development standards, project siting, and approval processes. The proposal also recognizes continued state authority over broad housing goals, civil rights and fair housing protections, building and life-safety standards, and generally applicable environmental protections. Cities would remain responsible for planning in good

Page 2 ends

faith for regional housing needs and maintaining housing capacity across income levels.

The resolution is an initial step. It does not contain the text of a constitutional amendment, enact a change in state law, or direct cities to disregard current housing requirements. Adoption by the Cal Cities General Assembly would initiate a working-group process. Any later constitutional amendment, legislation, policy proposal, or ballot measure would require separate development, legal review, and future action through the applicable legislative or electoral process.

The purpose of this item is to provide direction to the City’s voting delegate before the Conference begins. Councilmember Patty Senecal is the City's primary voting delegate; Mayor Lisa Landau and Mayor Pro Tem Ben Wong are the first and second alternates, respectively.

In addition to the foregoing resolution submitted through the regular process, another resolution(s) could also be submitted during the Conference by petition signed by ten percent of member cities. If that were to occur, the voting delegate would use their judgment on how to cast their vote.

ENVIRONMENTAL IMPACT:

The proposed action is not a project subject to the California Environmental Quality Act because it provides direction regarding a policy resolution and does not authorize a physical activity or commit the City to a future project.

LEGAL ANALYSIS:

The City Attorney has reviewed this staff report as to form.

FINANCIAL IMPACT:

There is no direct financial impact associated with providing direction to the City's voting delegate. Any future City participation in a working group, legislative effort, or ballot strategy would be evaluated separately, including any staffing or financial commitment.

RECOMMENDATION:

Page 3 ends

SUBMITTED, NOTED AND APPROVED BY:

Patrick Gallegos
Patrick Gallegos, City Manager
Prepared by: Lauren Barich, Management Analyst
ATTACHMENTS:

A. City of Murrieta Proposed Cal Cities Resolution
2026 Resolution Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES

CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL

AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER

HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amendment or other legislative, policy, or ballotbased strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
6 2026 Resolution Packet
BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.
7 2026 Cal Cities Resolution
September 14, 2026

SUMMARY OF REQUEST
That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.

BACKGROUND
• The City of Seal Beach is a member of the League of California Cities (Cal Cities), an association that represents the interests of California’s cities to the state legislature and provides cities with information on federal and state legislative affairs.
• The Cal Cities 2026 Annual Conference (Conference) will be held in Anaheim beginning September 23, 2026.
• Members may submit resolutions for consideration at the Conference, and this year one resolution was received for consideration. • Separately, additional resolutions may be submitted during the Conference if ten percent of member cities sign a petition.
• Voting Delegates
• Primary: Councilmember Patty Senecal
• Alternate 1: Mayor Lisa Landau
• Alternate 2: Mayor Pro Tem Ben Wong

RESOLUTION BACKGROUND
What It Does
✓ Forms a working group to evaluate a constitutional amendment or other legislative/ballot strategy
✓ Responds to state laws preempting local housing, land use, zoning, density, development standards, project siting, and approval processes. ✓ Preserves state authority over broad housing goals, civil rights, building safety codes, and environmental protections
✓ Cities still plan in good faith for regional housing needs What It Does Not Do
✗ Does not contain constitutional amendment text
✗ Does note enact any change in state law
✗ Does not direct cities to disregard current housing requirements ✗ Does not budget funding – no financial impact to the City at this time

RECOMMENDATION
That the City Council provide direction to the City’s voting delegate regarding the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.

THANK YOU!
Agenda Item B

AGENDA STAFF REPORT
DATE: September 14, 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 Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 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.

RECOMMENDATION:

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 - Closed Session, August 10, 2026
B. Minutes - Regular Session, August 10, 2026
C. Minutes - Special Closed Session, August 19, 2026
D. Minutes – Special Meeting, August 19, 2026
Seal Beach, California
August 10, 2026
The City Council met in a Special Closed Session at 5:30 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
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
Michael Peterman, Human Resources Manager

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

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s):

Mid-Management and Confidential Employees Association
Seal Beach Supervisors and Professionals Association
Marine Safety Management Association
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (D) Of Government Code Section 54956.9; Name of Case: Julia Clasby v. City of Seal Beach Orange County Superior Court, Case No. 30-2025-01516539-CU-OE-NJC.

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:58 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
August 10, 2026
The City Council met in Regular Session at 7:03 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
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Joe Bailey, Marine Safety Chief
Kyle Cain, Orange County Fire Authority Division 1 Captain Nick Nicholas, Police Captain
Brian Gray, Emergency Services Coordinator
Tim Kelsey, Recreation Manager
Brandon DeCriscio, Deputy City Clerk
Alayna Hoang, Finance Manager
Michael Peterman, Human Resources Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Associate Engineer
Lauren Barich, Management Analyst
Sean Low, Deputy Director of Public Works, Maintenance & Utilities

PRESENTATIONS / RECOGNITIONS
• Assembly Bill 1572 Presentation

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: Charlie Kluger and Ken Seiff addressed the City Council. Mayor Landau closed oral communications.

Two (2) 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
Mayor Landau noted that Item G was postponed to a future meeting to allow additional time for coordination with the State Water Resources Control Board.

Mayor Pro Tem Wong moved, second by Mayor Landau, 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 two (2) items on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

CITY MANAGER REPORT
City Manager Gallegos thanked the Seal Beach Chamber of Commerce for hosting staff appreciation night as a part of the Summer Concert Series.

Additionally, City Manager Gallegos reported that the Citizen-Council Business First Advisory Ad Hoc Committee met on July 29, 2026, and noted that their next meeting is scheduled for August 26, 2026. He also noted that Chair Wilson will provide an update at a future City Council Meeting.

City Manager Gallegos also reported his attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony and the Seal Beach Police Department National Night Out. He congratulated the Seal Beach Police Department on being selected as the recipient of the Above and Beyond Community Policing Organization of the Year Award.

Lastly, City Manager Gallegos called upon Deputy Director of Public Works Cho to provide an update on the Lampson Well Rehabilitation project. A discussion ensued between Council Members Kalmick and Senecal, Director of Public Works Lee, Deputy Director of Public Works Cho, and Mayor Landau.

COUNCIL COMMENTS
Council Member Steele reported his attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony, the Orange County Transportation Authority (OCTA) Long Range Planning Session, the Golden Rain Foundation (GRF) Board Meeting and the GRF Presidents’ Council Meeting.

Additionally, Council Member Steele announced that he made an appearance as Mr.

Mosquito at the GRF Summer Concert Series to inform and educate Leisure World residents about the dangers of West Nile Virus. He also distributed mosquito repellent wipes to the attendees.

Finally, Council Member Steele noted that he held meetings with several residents who were concerned about the City’s financial position. He assured them that Seal Beach is in good shape financially and cited a newspaper article that ranked Seal Beach’s financial position in the top 10 of all of Orange County.

Council Member Kalmick reported his attendance at the Seal Beach City Rotary Luncheon, the Citizen-Council Business First Advisory Ad Hoc Committee Meeting, the First Street Beach Access Mat Ribbon Cutting Ceremony, the Seal Beach Police Department National Night Out, and a Zoom Seminar with California Natural Resources Agency.

Council Member Senecal announced that there is an Assembly Bill being considered in the Legislature that would allow local jurisdictions to establish speed limits on bike paths and impose a 10 miles per hour speed limit on sidewalks for electric bicycles. She noted that the bill is likely to pass and expressed interest in reviewing the City’s bike ordinance at a future Council meeting.

Additionally, Council Member Senecal reported her attendance at the College Park East Movie in the Park, and the First Street Beach Access Mat Ribbon Cutting Ceremony.

Council Member Senecal noted that she has had several discussions with College Park East residents regarding concerns about freeway noise. She read a portion of Lucy Jackson’s public comment into the record.

Mayor Pro Tem Wong reported his attendance at the Seal Beach City Rotary Luncheon, the Southern California Edison Big Creek Workshop High Sierra Mountains tour, the TriCities Business Mixer, the Rossmoor/Los Alamitos Sewer District Board Meeting, the Leisure World First Tuesday event, the Seal Beach Police Department National Night Out, and the College Park East Movie in the Park.

Mayor Landau thanked the Seal Beach Police Department for hosting National Night Out.

Additionally, Mayor Landau reported her attendance at the First Street Beach Access Mat Ribbon Cutting Ceremony and the Seal Beach City Rotary Luncheon.

Finally, Mayor Landau announced that the final concert in the Summer Concert Series is scheduled for Wednesday, August 12, 2026, at 6:00 pm at Eisenhower Park. She thanked the Chamber of Commerce for their work on hosting the Summer Concert Series events.

COUNCIL ITEMS
There were no Council Items.

CONSENT CALENDAR
Council Member Senecal moved, second by Mayor Pro Tem Wong, to approve the recommended actions on the consent calendar.

A. Approval of the City Council Minutes - That the City Council approve the minutes of the Special Closed Session Meeting and the Special Joint Meeting of the City Council and Planning Commission held on July 20, 2026, and the Closed Session and Regular City Council Meetings held on July 27, 2026.

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

C. Consideration of Resolution Ratifying the Declaration of an Emergency and Dispensing with Public Bidding for the Abatement Work at Marina Community Center (CIP BG2506); Ratifying Approval of Public Works Agreement with Castlerock Environmental and Amendment 1 to the Public Works Agreement; Approving and Authorizing the City Manager to Execute Amendment 1 to the Public Works Agreement with Castlerock; and Accepting the Emergency Work as Complete and Filing a Notice of Completion - That the City Council adopt Resolution 7805: 1. Ratifying the Public Works Director’s Declaration of Emergency for the Abatement Work at Marina Community Center (CIP BG2506) as necessary for the immediate preservation of life, health, and property of the City; and based on such Declaration of Emergency, dispensing with formal bidding for the Abatement Work at Marina Community Center (CIP BG2506), in the amount of $34,850; and, 2. Ratifying the Public Works Agreement (Agreement) with Castlerock Environmental, Inc. (Castlerock) dated May 4, 2026, for $8,560, and ratifying Amendment 1 to the Agreement authorizing an increase in compensation by $26,290, for the total compensation of $34,850 for the emergency abatement work in the ceilings and storage areas of the Marina Community Center (CIP BG2506); and, 3. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City; and, 4. Formally accepting the completion of the emergency abatement work performed by Castlerock pursuant to the Agreement and Amendment 1 in the total amount of $34,850; and, 5. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days of the date of approval of the resolution and to release retention within thirtyfive (35) days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project.

D. Homeland Security Grant Program Subaward Agreement for Reimbursement of Operation Costs for Fiscal Year (FY) 2025 Operation Stonegarden for Transfer or Purchase of Equipment and Services - That the City Council adopt Resolution 7806:

1. Approving the Subaward Agreement for Fiscal Year 2025 Operation Stonegarden (OPSG) Homeland Security Grant Program Funds between the City of Seal Beach, County of Riverside and other Participating Agencies for reimbursement of operating costs for transfer or purchase of equipment and services (the Agreement); and, 2. Authorizing the Chief of Police to execute the Agreement on the City’s behalf; and, 3. Accepting the OPSG funds and authorizing the City Manager, or designee, to accept the OPSG funds in the amount of $168,318; and,

4. Authorizing the City Manager, or designee, to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency and sub-granted through the Riverside Sheriff’s Department in connection with the Operation Stonegarden Homeland Security Grant Program; and, 5. Authorizing and directing the Chief of Police and/or the City Manager to execute any other documents necessary to receive and use the OPSG grant funds.

E. Approving a new Professional Services Agreement with PetData, Technologies LLC., for Animal Licensing Services - That the City Council adopt Resolution 7807 approving and authorizing the City Manager, or his designee, to execute a Professional Services Agreement with PetData Technologies, LLC., to provide animal licensing services for the City of Seal Beach.

F. Resolution Approving Amendments to the Classification Plan and Position Allocation Plan Related to Certain Mid-Management and Professional Classifications - That the City Council adopt a Resolution 7808 approving the proposed classification and compensation adjustments to the City’s full-time classification plan, including the following reclassifications and salary grade placements that align with the FY 2026-27 Adopted Budget: 1. Establish the classification of Senior Code Enforcement Officer, placed at Grade 20, and authorize the reclassification of the existing Code Enforcement Officer position to Senior Code Enforcement Officer; and, 2. Reclassify the Finance Manager position to Deputy Director of Finance, placed at Grade 51; and, 3. Reclassify the Recreation Manager position to Deputy Director of Community Services, placed at Grade 46; and, 4. Reclassify the Associate Engineer position to Senior Engineer, placed at Grade 42; and, 5. Approve the new part-time Information Technology (IT) Aide classification specification and add the classification to the City’s part-time salary schedule at Grade 4; and, 6. Authorize the City Manager, or designee, to take all necessary administrative actions to implement the approved classification changes, establish the approved salary placements effective pay period 18, and incorporate the related updates to the City’s classification and compensation plan, including pay grade renumbering.

The vote below is for the Consent Calendar Items.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the Consent Calendar.

PUBLIC HEARING
There was no public hearing.

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

NEW BUSINESS
G. Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That the City Council adopt Resolution 7809: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411 if approved by the State Water Board; and, 3. Authorizing the City Manager to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase the total financing amount to $3,765,411. - This item will be postponed to a future meeting to allow additional time for coordination with the State Water Resources Control Board.

This item was not considered.

ADJOURNMENT
Mayor Landau adjourned the City Council at 8:20 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
August 19, 2026
The City Council met for a Special Meeting of the City Council at 7:02 p.m. in the City Council Chambers.

Council Member Kalmick led the Pledge of Allegiance.

ROLL CALL

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

Absent: None
City Staff: Amy Greyson, Senior Assistant City Attorney Patrick Gallegos, City Manager
Gloria D. Harper, City Clerk

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

City Clerk Harper announced that no emailed comments were received.

Senior Assistant City Attorney Greyson reported that the City Council met in Closed Session regarding the item on the posted agenda. All five (5) Council Members were present, and no reportable action was taken.

NEW BUSINESS
A. City Council Consideration To (1) Cancel the November 3, 2026, General Municipal Election for Council District 3 and/or Council District 5 and Appoint the Only Qualified Nominee to the Office(s) for a New Four-Year Term; Or (2) Hold the Election for One or Both Council Districts - Staff seeks direction on whether to hold or cancel the general municipal election scheduled for November 3, 2026, for Council District 3 and Council District 5. If the City Council desires to cancel the general municipal election in Council District 3 and/or Council District 5 because only one person was nominated to be elected from each of these districts, then it is recommended that the City Council adopt one or both of the following ordinances: Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term; and, Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 3, for a new four-year term. If the City Council desires to hold the election in Council District 3 and/or Council District 5, then no further action is necessary as to that election.

City Clerk Harper provided an in-depth overview of the staff report.

A discussion ensued between Council Members Kalmick, Senecal and Steele, Mayor Landau, City Manager Gallegos and Senior Assistant City Attorney Greyson.

Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt Ordinance 1729 to cancel the November 3, 2026, general municipal election in District 3 and appoint Lisa Landau to the office of City Council, District 3, for a new four-year term.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
Council Member Senecal moved, second by Mayor Pro Tem Wong to adopt Ordinance 1730 to cancel the November 3, 2026, general municipal election in District 5 and appoint Nathan Steele to the office of City Council, District 3, for a new four-year term.

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

ADJOURNMENT
Mayor Landau adjourned the Special Meeting of the City Council at 7:14 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
August 19, 2026
The City Council met in a Special Closed Session at 5:04 p.m. in the City Hall Conference Room.

ROLL CALL

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

Absent: None
City Staff: Amy Greyson, Senior Assistant City Attorney Patrick Gallegos, City Manager
Barbara Arenado, Director of Finance
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk

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

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization(s):

Mid-Management and Confidential Employees Association
Seal Beach Supervisors and Professionals Association
Marine Safety Management Association

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:50 p.m.

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

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk

Agenda Item E

AGENDA STAFF REPORT
DATE: September 14, 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 $42,982.

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

Below is a list of contracts executed by the City Manager and Department Heads for the period of April 1, 2026 – June 30, 2026:

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
4/30/2026 City Manager Los Angeles
Unified School
District
$ 108 per
test, $204
per
listening/spe
aking
Language
Testing for
bilingual pay
6/30/2026
4/23/2026 Public Works Horizons
Construction Co
International,
Inc.
$ 35,720.71 City Hall
Staircase
Improvements
Upon Project
Completion
5/1/2026 City Manager’s
Office
CoStar $6,000 Commercial
Real Estate
Software
4/30/2027
5/4/2026 Public Works Castlerock
Environmental,
Inc.
$25,000 Marina Center
Roof
Replacement –
Mold and
Asbestos
Abatement
Upon Project
Completion
6/9/26 Public Works Vista
Environmental
Consulting
$15,000.00 Mold and
Asbestos
Testing
Services
Upon Project
Completion
6/10/26
*City Council
Approval obtained
for emergency work
Public Works Horizons
Construction Co
International,
Inc.
$ 36,622.99 Repairs for
Marina Center
Community
Center Roof
Replacement
Upon Project
Completion
6/15/2026 City Clerk Pasadena
Consulting
Group dba
Electronic Filing
Systems
$850 SB 827 Fiscal
and Financial
Training
6/15/2027
ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There was 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.

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 F

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City of Seal Beach Biennial Conflict-of-Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7810 amending the City’s Conflict-ofInterest Code and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).

BACKGROUND AND ANALYSIS:

The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (City) to adopt a Conflict-of-Interest Code. A Conflict-of-Interest Code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700).

The PRA also requires local governments to review and, if necessary, to update their Conflict-of-Interest Code in each even-numbered year.

The City last updated the Conflict-of-Interest Code applicable to the City and Authority in July 2025 through Resolution 7671 (Attachment E). The reason for this update in an odd-numbered year was to address position reclassifications within the Public Works Department.

This year, an update to the City’s Conflict-of-Interest Codie is required to address the following position reorganizations.

On September 8, 2025, the City Council authorized and approved an amendment to the Classification Plan and Position Allocation Plan and Designated the Pay Grade and Status of the Human Resources Manager Classification to Grade 36.

On February 9, 2026, the City Council authorized and approved an amendment to the Classification Plan and Position Allocation Plan and Designated the Pay Grade and Status of the Human Resources Specialist Classification to Grade 20.

Page 2 ends

On August 10, 2026, the City Council authorized and approved amendments to the Classification Plan to reclassify various positions on the Seal Beach Full-Time Pay Schedule to the following positions and grades:
• Deputy Director of Finance, and designating this job classification to Grade 51; and,
• Senior Engineer, and designating this job classification to Grade 54; and, • Deputy Director of Community Services, and designating this job classification to Grade 46; and,
• Senior Code Enforcement Officer, and designating this job classification to Grade 20.

Based upon these adjustments, proposed Resolution 7810 (Attachment A) includes the following recommended updates to the City’s Conflict-of-Interest Code for the City, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution:
• The Model Code as set forth in Fair Political Practices Commission (FPPC) Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and,
• An Appendix containing the amended master list of the titles of designated employee positions to include Human Resources Manager, Human Resources Specialist, Deputy Director of Finance, Senior Engineer, Deputy Director of Community Services, and Senior Code
Enforcement Officer (Attachment C); and,
• An Appendix containing the Disclosure Categories (Attachment C); and, • An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D).

The foregoing positions do not involve the Authority; therefore, no changes to the Authority’s Conflict-of-Interest Code are necessary.

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.

Page 3 ends

FINANCIAL IMPACT:

No financial impact related to this item.

RECOMMENDATION:

That the City Council adopt Resolution 7810 amending the City’s Conflict of Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7810
B. Model Code (2 Cal. Code Reg. 18730)
C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805
E. Resolution 7671
RESOLUTION 7810

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE

CONTAINING REVISED DESIGNATED POSITIONS,

DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7671

THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict-of-Interest Code.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict-of-Interest Code.

That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution 7671, the City last adopted its Conflict-ofInterest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict-of-Interest Code, designated positions, and disclosure categories.

Section 4. Resolution 7671 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3 of this Resolution, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code for the City.

Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.” Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict-of-Interest Code in succeeding even-numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306.5.

The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-ofInterest Code.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7810 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026.

Gloria D. Harper, City Clerk
EXHIBIT “A”
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]

APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
Cross Connection Control Specialist 2
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
*Deputy Director of Finance 1*
*Deputy Director of Community Services 2*
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
*Human Resources Manager 1*
*Human Resources Specialist 2*
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
Public Works Superintendent 1
Recreation Manager 2
*Senior Engineer 2*
*Senior Code Enforcement Officer 2, 4*
Senior Planner 2, 4
Senior Account Technician 3
Senior Utilities Supervisor 2
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:

City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:

A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.

B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.

C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict-of-Interest Code.

When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.

For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus are not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.

A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.

Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.

Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real property, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]

RESOLUTION 7671

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ADOPTING AN AMENDED CONFLICT- OF- INTEREST CODE

CONTAINING REVISED DESIGNATED POSITIONS,

DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7343

THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (" City") to adopt a Conflict- of-Interest Code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code ( the " Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict- of-Interest Code.

That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.

Section 3. Pursuant to Resolution Number 7343, the City previously adopted a Conflict- of-Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict- of- Interest Code, designated positions, and disclosure categories.

Section 4. Resolution Number 7343 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1- 3, are hereby
incorporated by reference and shall constitute the Conflict- of-Interest Code for the City.

Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit A" shall file Statements of Economic Interest pursuant to this section of the Conflict- of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit " A." Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict- of-Interest Code in succeeding even- numbered years in accordance with the
requirements of Government Code Sections 87306 and 87306. 5.

Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict- ofInterest Code.

Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of July 2025 by the following vote:

AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Q,
Lisa La au, M or
ATTEST:

SEAL h
I;;*: i:;j
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7671 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025.
oria D. Harper, City Clerk
I
EXHIBIT "A"

MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
Associate Planner 2
Building Official 1
City Clerk 1
Cross Connection Control Specialist 2*
Designated Consultants** 1
Deputy Director of Public Works/ City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
Planning Manager 1
Police Chief 1
Public Works Superintendent 1*
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Senior Utilities Supervisor 2*
Water Services Supervisor 2
New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200:

City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
Individuals who are either ( 1) serve in a newly created or ( 2) provide services as a " consultant" as defined in Regulation 18700. 3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:

Consultants who fit into one or more of the following categories shall be included in the list of designated employees as " Designated Consultants":

A. Consultants who make ( not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.

C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City' s Conflict-of-Interest Code.

When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements.

For Designated Consultants who serve in a staff capacity with the City ( Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For other Designated Consultants who do not serve in a staff capacity for the City Categories A and C, described above), the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant' s duties and, based upon that description, a statement of the extent of disclosure requirements.

A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document ( see Appendix).

Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 — Broad Responsibilities — Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two- mile radius of any property owned or used by the City.

Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.

Category 3 — Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.

Category 4 — Decision- Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two- mile radius of any property owned or used by the City.

APPENDIX
3 I FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
Agenda Item G

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Shaun Temple, Community Development Director
SUBJECT: Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7811:

1. Approving Amendment 3 to the Professional Services Agreement with Michael Baker International Inc., for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and,

2. Approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and,

3. Authorizing the City Manager to execute the Amendments on behalf of the City.

BACKGROUND AND ANALYSIS:

Michael Baker International Inc. (MBI) has been assisting the City of Seal Beach (City) with updates to the Safety and Environmental Justice Elements and the Open Space, Recreation, and Conservation Element, which are components of the City’s General Plan and required by State law to be updated. While MBI has made significant progress in completing the majority of the necessary work on these projects, additional time is required to finalize the updates. The proposed amendments will extend the term of the existing Agreements with MBI to December 31, 2027. No other changes to the Agreements are proposed.

ENVIRONMENTAL IMPACT:

The proposed Professional Services Agreement Amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that

Page 2 ends

have potential for causing a significant effect on the environment. Approval of the Professional Services Agreement Amendments will not have a significant effect on the environment.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

These Amendments represent time extensions only, adequate funding was included in the adopted FY 2026-27 Annual Budget.

RECOMMENDATION:

That the City Council adopt Resolution 7811:

1. Approving Amendment No. 3 to the Professional Services Agreement with Michael Baker International Inc., to the Professional Service Agreement for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and,

2. Approving Amendment No. 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and

3. Authorizing the City Manager to execute the Amendments 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
ATTACHMENTS:

A. Resolution 7811
B. Amendment 3 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements
C. Amendment 2 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements

Page 3 ends

D. Amendment 1 to Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements
E. Original Professional Services Agreement related to the Safety and Environmental Justice General Plan Elements
F. Amendment 1 to Professional Services Agreement related to the Open Space, Recreation and Conservation Element
G. Original Professional Services Agreement related to the Open Space, Recreation and Conservation Element
RESOLUTION 7811

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 3 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC. FOR SAFETY

AND ENVIRONMENTAL JUSTICE GENERAL PLAN
ELEMENTS, AND AMENDMENT 1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC. FOR OPEN

SPACE, RECREATION AND CONSERVATION ELEMENT,
EXTENDING BOTH AGREEMENTS UNTIL DECEMBER 31,
2027
WHEREAS, the City of Seal Beach (City) and Michael Baker International, Inc. (Consultant) are parties to a Professional Services Agreement dated January 24, 2022, relating to the update and preparation of the Safety and Environmental Justice General Plan Elements; and a Professional Services Agreement dated September 22, 2025, related to Open Space, Recreation and Conservation Element; and, WHEREAS, the Consultant has been instrumental in helping the City to be in compliance with State law as it relates to the City’s General Plan; and, WHEREAS, City and Consultant have determined that additional time is required for continued support services to complete these projects, and wish to extend the Term of the Safety and Environmental Justice General Plan Elements Agreement and the Open Space, Recreation, and Conservation Element Agreement to December 31, 2027.

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

Section 1. The City Council hereby approves Amendment 3 to the Professional Services Agreement for Safety and Environmental Justice General Plan Elements, extending the Term through December 31, 2027.

Section 2. The City Council hereby approves Amendment 1 to the Professional Services Agreement for Open Space, Recreation and Conservation Element, extending the Term through December 31, 2027.

Section 3. The Council hereby directs the City Manager to execute the Amendments on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7811 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 3
for
Update and Preparation of Safety and Environmental Justice General Plan Elements
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-3685
This Amendment No. 3 dated September 14, 2026, amends that certain agreement (Agreement) made as of January 24, 2022 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc. (Consultant), a Pennsylvania Corporation (collectively, “the Parties”). 2 of 3

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides consulting services to prepare certain Elements of the City’s General Plan.

B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through December 31, 2027.

AMENDMENT NO. 3
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the January 24, 2022 Agreement is hereby amended to read as follows:

The term of this Agreement shall commence on
January 24, 2022 and shall remain in full force and
effect until December 31, 2027, unless sooner
terminated as provided in Section 5.0 of this
Agreement.

Section 3. All references to the term “Agreement” throughout Sections

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 3, dated September 14, 2026, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 3, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 3 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 3 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 3.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
3 of 3

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: Michael Baker
International, Inc., a Pennsylvania
Corporation
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________
(Please note, two signatures required for
corporations pursuant to California
Corporation 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.)
Trudi Lim Richard Beck Vice President/Assistant Secretary Senior Vice President Trudi Lim Senior Vice President Richard Beck Office Executive

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Update and Preparation of Safety and Environmental
Justice General Plan Elements
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
F-0
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 5.00
Santa Ana, CA 92707
This Amendment No. 1, dated February 27, 2023, amends that certain agreement Agreement) made as of January 24, 2022 by and between the City of Seal Beach ( City), a California charter city, and Michael Baker International, Inc., a Pennsylvania corporation, ( Consultant).

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides consulting services to prepare certain Elements. of the City' s General Plan. '
B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through January 30, 2025.

AMENDMENT NO. ANOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2. 0 ( Term) of the Agreement is hereby amended to read as follows:

The term of this Agreement shall commence January
1, 2022 and shall remain in full force and effect until January 30, 2025, unless sooner terminated as
provided in Section 5. 0 of this Agreement.

Section 2. All references to the term " Agreement' throughout Sections

1. 0 through 28. 0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated February 27, 2023, as if all of those terms are fully set forth therein.

Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person( s) executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
2 of 3
CITY OF SEAL BEACH CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
By: S4U A
Corporation
Jil R ngram, City Manag By: AL a&dS"
BEq,
k
Name: Richard Beck
es .
2 Vice President
By:
lori D. Har r,
By: 7" 1/4 M
Approved as to For Name: Tanya Bilezikjian
Its: Assistant Secretary
By:

Craig A. Steele, City Attorney ( Please note, two signatures required for corporations pursuant to California
Corporations Code Section 393 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.)

PROFESSIONAL SERVICES AGREEMENT
for
Update and Preparation of Safety and Environmental Justice General Plan Elements
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855- 3685
This Professional Service Agreement (" the Agreement') is made as of January 24 , 2022 ( the " Effective Date"), by and between Michael Baker International, Inc.

Consultant"), a Pennsylvania corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

RECITALS
A. City desires certain professional consulting services to update and prepare certain Elements of its General Plan.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025( C), City desires to engage Consultant to provide professional consulting services in the manner set forth herein and more fully described in Section 1. 0.

C. Consultant represents that the principal members of its firm are qualified professional planners and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1. 0 Scope of Services

1. 1. Consultant shall provide those services ( collectively " Services") set forth in Consultant' s Proposal dated December 21, 2021, attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

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

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

1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant' s staff, if any, to do and perform the Services in accordance with such professional standards, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant' s work by the City shall not operate as a release of Consultant from such standard of care.
2of18

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

2. 0 Term
The term of this Agreement shall commence February 1 , 2022 and shall remain in full force and effect until February 1, 2023 , unless sooner terminated as provided inSection 5. 0 of this Agreement.

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth on page 9 of Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 74,880 seventy- four thousand, eight hundred eighty dollars) through the Term, except as otherwise authorized pursuant to Section 3.2 hereunder.

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

4.0 Method of Payment

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

4.2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights 3 of 18
under this Section 4.2 shall survive for three ( 3) years following the termination of this Agreement.

5. 0 Termination

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

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

6. 0 Party Representatives

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

6. 2. Eddie Torres is the Consultant' s primary representative for purposes of this Agreement. Eddie Torres 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. 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: Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855- 3685
4of18
Attn: Eddie Torres

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

8. 0 Independent Contractor

8. 1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant' s employees or other personnel under Consultant' s supervision, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

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

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

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 5of18
retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 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. 0 PERS Compliance and Indemnification

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

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

10. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement. The preceding restriction shall 6of18
not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before Consultant responds to such demand.

11. 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.

12.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.

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

14. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders 7of18
to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of - hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.

15.0 Insurance

15. 1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best' s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); ( 3) Workers' Compensation and Employer's Liability coverages; and ( 4) if required by the City, Professional Liability coverage ( or Errors and Omissions coverage). Consultant shall maintain limits no less than:
1) General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability:
1, 000, 000 per accident for bodily injury and property damage; ( 3) Workers' Compensation in the amount required by law and Employer' s Liability:
1, 000, 000 per accident and in the aggregate for bodily injury or disease; and 4) Professional Liability ( or Errors and Omissions Liability, as appropriate):
1, 000, 000 per claim/ aggregate, and if a " claims made" policy is provided, then the policy shall provide an extended reporting period of not less than three years.

15. 2. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: ( 1) coverage shall not be canceled except after 30 days prior written notice by mail, has been given to the City; ( 2) except for professional liability insurance, any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) the commercial general and automobile liability coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the, Consultant, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

15. 3. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

15. 4. Any deductibles or self-insured retentions shall be declared to and approved by the City.

16. 0 Indemnification, Hold Harmless, and Duty to Defend

16. 1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees" in this Section 16. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever,. including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense ( collectively " Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/ or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in 9of18
connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The parties expressly agree that this indemnity provision under 16. 1 does not include, and in no event shall Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands, or proceedings in connection with or arising out of this Agreement or the services rendered by the Consultant.

16. 2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith, ( collectively " Damages"), in law or equity, whether actual, alleged or threatened, to the extent caused by the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to this Section 16. 2, Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages, and shall pay all costs and expenses, including all reasonable 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.

16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

16. 4. In no event shall either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict 10 of 18
liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable..

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

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

Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

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

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

20. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

21. 0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 11 of 18

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

23. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

24. 0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

25. 0 Prohibited Interests; Conflict of Interest

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

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

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

25. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 12 of 18
business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection

26. 0 Attorneys' Fees
If either party commences an action against
administrative or otherwise, arising out of or in
each party in such litigation shall bear its own
incurred in connection therewith.

27. 0 Exhibits
the other party, either legal,
connection with this Agreement,
attorneys' fees and other costs
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

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

CITY OF SEAL BEACH
Attest:

Approved as to
Steele, City Attorney
CONSULTANT: Michael Baker
International, Inc, a Pennsylvania
Corporatic
By:

Name: Richard Beck
Its: Vice President
Assistant Secretary
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 assistant financial officer or any
treasurer of such corporation.)
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EXHIBIT A
CONSULTANT' S PROPOSAL DATED DECEMBER 21,
2022
Attached)
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December 21, 2021

CITY OF SEAL BEACH, COMMUNITY DEVELOPMENT DEPARTMENT
Alexa Smittle, Director of Community Development
City of Seal Beach
211 8th St, Seal Beach, CA 90740
SUBJECT: Proposal for the City of Seal Beach Safety Element Update and Environmental Justice Element Preparation, for consistency with the recent Housing Element Update
Dear Ms. Smittle:

Michael Baker International, Inc. ( Michael Baker) is pleased to submit our proposal to strategically update the Seal Beach Safety Element for consistency with the recently updated Housing Element and prepare the Seal Beach Environmental Justice Element for incorporation into the City' s General Plan. Elements of the City' s General Plan have been adopted and updated as needed since 1973, and the latest comprehensive revision to the General Plan took place in 2003. It is our understanding that the latest Housing Element update has triggered the need for consistency revisions in the Safety Element. Because Seal Beach is updating two General Plan Elements concurrently, the City is required by state law to prepare an Environmental Justice Element for adoption. Recognizing achievements the City has made since the last comprehensive General Plan Update in 2003, the Safety Element Update and Environmental Justice Element preparation allows the City to strategically " refresh" goals, policies and objectives while maintaining internal consistency amongst all General Plan Elements.

The Safety Element update provides an opportunity to reaffirm existing goals and policies, to revise goals and policies that need updating to reflect changing regulatory requirements, to consider new goals and policies, and to incorporate the 2017 Seal Beach Local Hazard Mitigation Plan creating a cohesive and modernized approach to safety and hazard preparedness. The Environmental Justice Element will codify policies and procedures to ensure the fair treatment and meaningful participation of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Both elements will be prepared in consistency with the recent Housing Element Update. We have identified an efficient, streamlined, and meaningful approach that is informed by the community and key stakeholders. Our approach will provide Seal Beach with an updated Safety Element and new Environmental Justice Element that will serve the community well into the future.

Michael Baker's Principal -in -Charge, Eddie Torres, and Project Manager, Noelle Steele, bring to the City many years of experience managing and preparing General Plan Updates, Local Coastal Programs, Hazard Mitigation Plans and community engagement programs within Orange County and throughout southern 5 Hutton Centre Drive I Santa Ana, CA 92707
M BAKERINTL. CO M Office: 949-472. 35051 Fax: 949.837. 4122 We Make a Difference

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California. Furthermore, our team has experience working with the City of Seal Beach as we are currently preparing the Local Coastal Program. We are committed to furthering our professional relationship with the City of Seal Beach, City staff, and the stakeholders in developing the partnership base in order to promote a safe, just, and bright future for the City, its residents, and visitors.

This proposal shall remain valid for 120 days after submittal. In addition, the Michael Baker Team has no conflicts of interest in providing services for this assignment and there are no commitments which may impact our ability to perform the requested services. Our team looks forward to the opportunity to align our comprehensive set of services with the needs of the City.

Respectfully submitted,
Noelle Steele Eddie Torres
Project Manager Department Manager
Planning & Environmental Services Planning & Environmental Services 5 Hutton Centre Drive I Santa Ana, CA 92707
MBAKER INTL. CO M Office: 949. 472. 3505 I Fax: 949. 837. 4122 We Make a Difference

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Exhibit A"
Scope of Services & Schedule
The Client and Michael Baker International ( Consultant) for mutual consideration hereinafter set forth, and agree as follows:

Task 1 PROJECT INITIATION
Task 1. 1 Kick -Off Meeting
Michael Baker will conduct a kick- off meeting/ call with the City Project Management Team to review the proposed scope of work, establish an anticipated project schedule, discuss communications protocol and deliverable content. Four staff members from Michael Baker will attend this meeting. This meeting is assumed to occur virtually, through Zoom, Microsoft Teams, or similar platform.

Task 1. 2 Existing/ Background Document Review
Michael Baker will review existing and background documents for inclusion in the Environmental Justice Element and Safety Element Update process. Resource documents are anticipated to include: updated Housing Element, existing General Plan Elements, 2017 Local Hazard Mitigation Plan, City Emergency Operations Plan/ Emergency Action Plan, and City -specific GIS files related to hazards or environmental justice. Any additional hazard -related documents will be included for review, specifically in the Safety Element update process.

Task 2 STREAMLINED COMMUNITY OUTREACH
Task 2. 1 Web Content and Social Media Graphics
Online outreach will be a key strategy in the planning process, providing a cost- effective means for reaching stakeholders and interested members of the public throughout the process. Michael Baker will develop web content that can be used on the City' s website and newsletter for distribution regarding the Environmental Justice Element preparation and Safety Element update process. The content will include information about each element, the proposed planning process, access to the survey (Task 2. 2) and draft documents when available. Included will be a webpage banner graphic and social media Instagram/ Facebook) square graphic. The City will be responsible for posting and disseminating information and updates on the plan process through the website and social media.

Task 2. 2 Survey
In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/ rating scales, and open- ended questions — all specifically designed to inform the Environmental Justice and Safety Element Update process. We will coordinate with the City to make the survey link available on the website ( Task 2. 1). The City will be responsible for distributing and promoting the survey though the E -newsletter, email listservs and/ or social media. Survey summary information will be included in the Community Outreach Summary deliverable (Task 2. 4).

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Task 2. 3 Advisory Committee
Michael Baker will work with the City Project Management Team to identify participants for an Advisory Committee, to guide development of the Environmental Justice Element preparation and Safety Element Update process. Suggested participants can include representatives from:

City Departments ( City Manager' s Office, Public Works, Police/ Fire) Los Alamitos Unified School District, or administrators from local public schools Utility purveyors, such as SCE
Naval Weapons Station Seal Beach
Leisure World/ GRF Board of Directors
Local nonprofits or church organizations, with vested interest in assisting disadvantaged communities
Local neighborhood groups, HOAs, business institutions and community leaders The Advisory Committee will become a major contributor to the planning process and will guide the Environmental Justice and Safety Element Update process. Michael Baker will host and facilitate two Advisory Committee Meetings (either in- person or virtually), to present the project and solicit input. Each meeting would be a maximum of two hours in length. If hosted in- person, it is assumed the City will secure proper meeting space in compliance with current COVID gathering restrictions ( if any). If hosted virtually, Michael Baker can provide meeting technology through MicrosoftTeams or similar platform. It is assumed the City will be responsible for confirming the Advisory Committee members and distributing invitations to participate. Meeting content is outlined below:

Meeting # 1: Introduction, roles and responsibilities, discussion of plan goals/ objectives, review existing documents, )and inventory questions/ concerns relating to the General Plan update process.

Meeting # 2: Present the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element Update Matrix for review and discussion.

Michael Baker will prepare agendas, meeting minutes, schedules/ milestones and action items as appropriate.

Task 2. 4 Community Outreach Summary & Documentation
Throughout the community outreach process, Michael Baker will document input received for inclusion into a community outreach summary report. Included in this document will include the survey summary, advisory committee meeting notes, and other received input through the City website. Appendix information will include documentation from all outreach mechanisms.

Task 3 PLAN DEVELOPMENT
Task 3. 1 Environmental Justice — Existing Conditions & Baseline Assessment To prepare the Environmental Justice Element, the Michael Baker team will analyze the demographics of Seal Beach and identify any disadvantaged populations following the OPR guidelines. Utilizing the t California Communities Environmental Health Screening Tool ( CalEnviroScreen), we will be able to identify communities vulnerable to environmental pollution and contaminants. Additional resources to be utilize We Make a Difference

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will be the Department of Housing and Community Development' s state income limits and the statewide median income data to identify any neighborhoods in Seal Beach with additional burdens.

The existing conditions and baseline assessment will also report publicly accessible data regarding air quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement. Michael Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable.

A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Environmental Justice — Existing` Conditions and Baseline Assessment in Advisory Committee Meeting # 2, as discussed in Task 2. 3.

Task 3. 2 Safety Element — Update Matrix
To prepare the Safety Element update, the Michael Baker team will prepare a matrix outlining required updated to the Safety Element. This will include consistency updates based on the recent Housing Element Update, incorporation of the 2017 LHMP by reference, and general modernization updates as needed.

Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline ' 4° R. A screencheck draft will be provided
to the City for one round of comments and review. Additionally, Michael Baker will present the Safety Element — Update Matrix in Advisory Committee Meeting # 2, as discussed in Task 2. 3.

Task 3. 3 Exhibit Preparations and Update
In coordination with the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element— Update Matrix, Michael Baker will also prepare new environmental justice exhibits and update existing safety related exhibits. Location - based hazard data will be captured in a GIS database compatible with Seal Beach systems, where possible. Preparation of graphics will be concurrent with the development of Task 3. 1 and 3. 2 deliverables.

Task 3. 4 Administrative Draft Environmental Justice and Safety Element Update Preparation Upon completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element and Safety Element Update. Both deliverables would include all required components and would clearly respond to OPR guidance for General Plan Element Updates. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/ strike- out and track changes.

Task 3. 5 Public Review Draft Environmental Justice and Safety Element Update Preparation Michael Baker will incorporate one consolidated set of comments/ revisions on the screencheck administrative draft Environmental Justice Element and Safety Element Update to prepare public review draft elements. Michael Baker will provide electronic public review drafts in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the General Plan Elements made available on the City website and up to two hardcopies available at locations with the City. The City will be responsible for collecting public comments/ questions and distributing to Michael Baker at the close of the public review period. It is also recommended that the City provide electronic copies to stakeholders who participated in the advisory committee meeting in Task 2. 3.

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Task 3. 6 Final Environmental Justice and Safety Element Update Preparation Michael Baker will compile all comments received on the public review draft Environmental Justice Element and Safety Element Update and will incorporate changes into both documents as necessary. The final Environmental Justice Element and Safety Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4.

Task 4 CEQA COMPLIANCE
Michael Baker will prepare an Initial Study/ Negative Declaration ( IS/ ND) under the California Environmental Quality Act ( CEQA) for the proposed Safety and Environmental Justice Elements. Based on our preliminary review of the project information, our scope of work below includes the following assumptions:

1. No National Environmental Policy Act ( NEPA) clearance will be necessary.

Z. No mitigation will apply to the proposed project under CEQA, and thus, a Negative Declaration will be prepared ( as opposed to a Mitigated Negative Declaration).

3. All analyses related to the project, including Air Quality, Greenhouse Gases, Energy, and Noise, will be qualitative in nature given that the proposed project is an update to existing policy documents and no development is proposed.

4. The City will be responsible for any radius mailing or newspaper noticing required to support the IS/ ND.

5. The City will be responsible for any filing fees ( e. g., County Clerk or California Department of Fish and Wildlife) required for the project.

It is acknowledged that the Housing Element Update has not been finalized at the time of this proposal writing. Some Safety Element/ Environmental Justice Element projects may utilize the " common sense" rule exemption ( CEQA Guidelines Section 15061( b)( 3)) for General Plan Element updates that do not directly result in land use changes. The commonsense exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Because the Housing Element currently identifies several properties for up -zoning ( increasing build out by 1, 543 potential units), it is assumed land use changes would affect the Safety Element where the commonsense exemption would no longer apply. This assumption would be confirmed once the Housing Element is finalized. The scope below outlines a conservative approach for CEQA documentation; if it is later determined that the project can be categorized under an exemption, Michael Baker will revise the scope and fee accordingly.

Task 4. 1 CEQA Kick -Off Meeting
The project work program will be initiated with a virtual Kick -Off Meeting with City staff to discuss the project in greater detail. The initial meeting is vital to the project' s success and its CEQA compliance, and will be a key milestone to confirm the City' s expectations and develop the Project Description based on the work conducted for the Safety Element and Environmental Justice Element update. This meeting will also establish the analysis parameters, scheduling, and overall communications protocol. Prior to the Kick- We Make G Difference

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Off Meeting, Michael Baker will distribute a Kick -Off Meeting Agenda and detailed memorandum identifying data needs.

Task 4. 2 Tribal Consultation Assistance
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18. In coordination with the City, Michael Baker will prepare and send initial consultation letters to tribes that have requested AB 52 notification ( assuming fewer than five tribes) and complete the consultation log. A sacred lands file search and SB 18 tribal contact list will be requested from the Native American Heritage Commission. Michael Baker will prepare and send initial consultation letters to tribes identified on the NAHC contact list. Pursuant to State law, AB 52 and SB 18 consultation is required to be government -to -government; therefore, we assume the City will complete the tribal consultation( s) and provide documentation ( e. g., letters, emails, and phone conversation summaries) for inclusion in the consultation log and environmental document. This scope does not include meetings or additional consultation.

Task 4. 3 Research and Investigation
Michael Baker will initiate the CEQA process by attaining and evaluating necessary information with respect to the proposed project. Project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. Based upon the detailed information obtained during project initiation, Michael Baker will draft a preliminary Project Description for incorporation into the Initial Study.

Task 4. 4 Preparation of Initial Study/ Negative Declaration The Initial Study will be prepared in accordance with the CEQA Guidelines, including detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080( c) and CEQA Guidelines Section 15070. The Initial Study will be presented as follows:

Introduction
This section will cite the environmental review requirements of the project pursuant to the CEQA Guidelines. The Introduction will include the project location, environmental setting, Project Description approved by City staff in Task 9. 1), and relevant background/ history information.

Environmental Checklist
This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout, identifying: ( 1) potentially significant impacts, ( 2) less than significant impacts with mitigation incorporated, ( 3) less than significant impacts, and ( 4) issues resulting in no impacts. As stated, it is assumed no mitigation will apply to the proposed project and that all conclusions will either be " Less Than Significant" or " No Impact."
Environmental Analysis
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The Environmental Analysis sections will provide vital supporting information for the conclusions rendered in the Environmental Checklist. In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues:

Aesthetics/ Light and Glare
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Service
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service System
Wildfire
Mandatory Findings of Significance
Each topical impact area will be analyzed in detail based upon existing information or analyses described above. The existing environmental settling related to each impact topic will be provided, and a summary of the project' s potential impacts will be discussed. Where relevant, applicable policies from the Safety Element and Environmental Justice Element will be provided to supplement the analysis.

Initial Study Determination
The Initial Study Determination section will conclude the appropriate action based upon the analysis provided in the Environmental Analysis section ( anticipated to be a Negative Declaration [ ND]).

Graphic Exhibits
The environmental document will include a maximum of five ( 5) exhibits to enhance the written text clarify the project and potential environmental impacts.

Task 4.5 Preparation of Screencheck Draft Initial Study/ Negative Declaration Michael Baker will respond to up to two ( 2) rounds of review of consolidated City comments on the Administrative Draft Initial Study. The Screencheck Draft Initial Study will be provided in track changes to assist with the City' s final review of the document.

Task 4. 6 Preparation of Public Review Draft Initial Study/ Negative Declaration Assuming no significant environmental effects will occur and no mitigation measures will be required, Michael Baker will prepare an ND. Following this determination, Michael Baker will also prepare the Notice of Intent ( NOI) to Adopt an ND for City review. The NOI and ND will be attached to the Initial Study to fully explain the proposed project and its affects. One ( 1) electronic copy of the Public Review Draft IS/ ND will be provided to the City. Additionally, Michael Baker will submit the IS/ ND to the State Clearinghouse electronically; mail the NOI to up to fifteen ( 15) agencies/ interested parties on the City' s Distribution List; and file the NO1 at the Orange County Clerk. This task assumes that the City will be We Make a Difference

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responsible for any applicable County Clerk filing fees as well as any radius mailing or newspaper noticing required for public review. The IS/ ND will be subject to a mandatory 30 -day public review period.

Task 4. 7 Preparation of Final Initial Study/ Negative Declaration Michael Baker will respond to all written comments received during the 30 -day public review period.

Thorough, reasoned, and sensitive responses will be prepared to relevant environmental issues. The Administrative Draft Responses to comments will be prepared for City review. This scope assumes 10 comment letters of normal detail (two to three pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. This scope assumes no new technical analyses or field work are required to respond to comments. Additional effort necessary for this task ( due to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed on a time and materials basis.

If necessary, Michael Baker will prepare an Errata section as part of the Final IS/ ND. The Errata will identify any revised text in strikethrough and double underline, as necessary, to address comments received on the Public Review Draft IS/ ND.

The Final IS/ ND will be comprised of the Responses to Comments and Errata. Two rounds of review of the Final IS/ ND ( administrative and screencheck versions) will be prepared for City review and approval.

Within five days of adoption of the Final IS/ ND, a Notice of Determination ( NOD) will be prepared and filed at the Orange County Clerk and State Clearinghouse. This scope of work excludes any applicable CEQA filing fees required by the County Clerk or CDFW.

Task 5 PLAN ADOPTION
Task 5. 1 Planning Commission and City Council Study Session Michael Baker will assist the City with one educational study session for the Planning Commission and one educational study session for the City Council. Study sessions will include discussion of the Environmental Justice Element and Safety Element update development process, community outreach, and other key takeaways. Two Michael Baker staff members will attend each study session and will prepare presentation and handout materials as necessary.

Task 6. 2 Planning Commission and City Council Adoption Michael Baker will present the final Environmental Justice Element and Safety Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Environmental Justice Element and Safety Element Update will be transmitted to the City.

Task 6 PROJECT MANAGEMENT
Task 6. 1 Project Management
Throughout the course of the Safety Element, Environmental Justice Element development and CEQA documentation, the Michael Baker team ( led by Project Manager Noelle Steele and Principal - in -Charge, Eddie Torres) will proactively work with the City Project Manager to ensure that tasks are completed on- We Make a Difference

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time and on budget — with maximized use of resources. To ensure the timely completion of the project, the Michael Baker team will participate in meetings with the City during the work program. These meetings will primarily occur via conference call to discuss work program and progress, resolve issues, review administrative documents/ products, and/ or receive any necessary direction.

The project management task includes administrative management of the project from inception to completion. The Michael Baker team will regularly coordinate and communicate with the Project Manager via telephone, memos, and/ or email. Management and administration include activities such as project accounting oversight, ongoing coordination and scheduling of meetings, preparation of meeting notes, coordination of the Michael Baker team, and the preparation of written monthly project status reports.

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PROJECT SCHEDULE
Below is a tentative schedule based on the work program as presented in the scope of work above. A detailed schedule will be provided after the project kick- off meeting is scheduled.

TASK PROPOSED SCHEDULE

1. 0 PROJECT INITIATION

1. 1 KICK- OFF MEETING Week 1

1. 2 EXISTING/ BACKGROUND DOCUMENT REVIEW Week 2 - 3

2. 0 STREAMLINED COMMUNITY OUTREACH

2. 1 WEB CONTENT AND SOCIAL MEDIA GRAPHICS Week 4 - 5

2. 2 SURVEY Week 4 - 5

2. 3 ADVISORY COMMITTEE Week 5 — 18

2. 3 COMMUNITY OUTREACH SUMMARY & DOCUMENTATION Week 14 — 18

3. 0 PLAN DEVELOPMENT

3. 1 ENVIRONMENTAL JUSTICE - EXISTING CONDITIONS AND BASELINE ASSESSMENT Week 5 — 14

3. 2 SAFETY ELEMENT - UPDATE MATRIX Week 5 — 14

3. 3 EXHIBIT PREPARATIONS AND UPDATE Week 5 — 14

3.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 1.8 — 22 UPDATE

3. 5 PUBLIC REVIEW DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 22 — 25 UPDATE

3. 6 FINAL ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT UPDATE Week 25 — 29

4. 0 CEQA COMPLIANCE

4. 1 KICK OFF MEETING Week 5

4.2 TRIBAL CONSULTATION ASSISTANCE Week 5 - 14

4.3 PREPARATION OF ADMIN DRAFT IS/ ND Week 18 - 22

4.4 PREPARATION OF PUBLIC REVIEW DRAFT Week 22 - 25

4. 5 PREPARATION OF FINAL IS/ ND Week 25 — 29

4.0 PLAN ADOPTION

4.1 PLANNING COMMISSION AND CITY COUNCIL STUDY SESSION Week 30 — 34

4. 2 PLANNING COMMISSION AND CITY COUNCIL ADOPTION Week 34 — end We Make a Difference
NTE RN AT 10 NAL
EXCLUSIONS & ASSUMPTIONS:

Michael Baker has the experience and expertise to provide consulting services related to any of the following items, and can do so if negotiated under a separate contract for an additional fee, but are specifically exclude from this agreement:

Additional Community Outreach, Meetings or Meeting Support: It is assumed Michael Baker will only attend community outreach and/ or meetings as scoped in this agreement. Additional stakeholder meetings or meeting support are excluded from this scope of work.

Other: civil engineering services, survey services, additional consulting services related to any of the following tasks that were not included in the preparation of the budget amounts shown on this agreement.

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Exhibit " B"
Cost Proposal
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Task Cost
Task 1. 0: Project Initiation 2, 460
Task 2. 0: Streamlined Community Outreach 8, 270
Task 3. 0: Plan Development 19, 140
Task 4.0: CEClA Compliance 30, 190
Task 5. 0: Plan Adoption 7, 120
Task 6. 0: Project Management 5, 700
ODC 2, 000
TOTAL COST $ 74, 880
2021 Hourly Rate Schedule:

Principal in Charge 200
Project Manager 130
Senior Planner 135
Planner 1 100
Senior Environmental Planner 150
Environmental Planner 110
Cultural Resource Specialist 150
GIS Specialist 130
Graphic Designer 110
The above hourly rates are subject to an annual rate change on January 1 of each calendar year beginning in 2023; however, hourly rates will not be increased more than 5% in any one year without the approval of the Client.

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Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty ( 30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect.

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

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

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in 16 of 18
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." - 17 of 18

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of t 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. 18 of 18

PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Open Space, Recreation and Conservation Element
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 855-3685
This Amendment No. 1 dated September 14, 2026, amends that certain agreement (Agreement) made as of September 23, 2025 by and between the City of Seal Beach (City), a California charter city, and Michael Baker International, Inc. (Consultant), a Pennsylvania Corporation (collectively, “the Parties”). 2 of 3

RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides services for the update to the Open Space, Recreation, and Conservation Element.

B. City and Consultant wish to amend the Agreement for Consultant to continue providing such services through December 31, 2027.

AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the September 23, 2025 Agreement is hereby amended to read as follows:

The term of this Agreement shall commence on
September 23, 2025 and shall remain in full force and
effect until December 31, 2027, unless sooner
terminated as provided in Section 5.0 of this
Agreement.

Section 3. All references to the term “Agreement” throughout Sections

1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated September 14, 2026, as if all of those terms are fully set forth therein.

Section 4. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect.

Section 4. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this 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: Michael Baker
International, Inc., a Pennsylvania
Corporation
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________
(Please note, two signatures required for
corporations pursuant to California
Corporation 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.)
Richard Beck Vice President/Assistant Secretary Senior Vice President Trudi Trudi Lim Lim Senior Vice President Richard Beck Office Executive

PROFESSIONAL SERVICES AGREEMENT
for
Open Space, Recreation and Conservation Element
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
P
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949) 855- 3685
This Professional Service Agreement (" the Agreement") is made as of September 22, 2025 to be effective as of September 23, 2025 ( the " Effective Date"), by and between Michael Baker Internation, Inc. (" Consultant"), a Pennsylvania Corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, " the Parties").

City of Seal Beach Professional Services Agreement

RECITALS
A. City desires certain professional services for the update to the Open Space, Recreation, and Conservation Element.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025(C), the 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 professional planners 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 " 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, 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 A; and then ( iii) Exhibit B ( Terms for Compliance with California Labor Law Requirements); and then ( iv) Exhibit C ( if any); and then ( v) Exhibit D ( if any); and then ( vi) the RFP; and then ( vii) the Proposal, shall govern. In the event there is any conflict 2of21
City of Seal Beach Professional Services Agreement
between the Agreement, on the one hand, and any of the Exhibits, the Proposal 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 September 23, 2025, and shall remain in full force and effect until May 31, 2026, unless sooner terminated as provided in Section 5. 0 of this Agreement. 3of21
City of Seal Beach Professional Services Agreement

3. 0 Consultant' s Compensation

3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 58, 911 ( Fifty -Eight Thousand, Nine Hundred and Eleven Dollars) for the original Term.

4. 0 Method of Payment

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_.

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 noticc.
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City of Seal Beach Professional Services Agreement

5. 3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5. 1, or immediately upon City' s acknowledgment of receipt of Consultant' s notice of termination to City under Subsection 5. 1. Upon termination, City shall be immediately given title to and possession of all Work Product ( as defined in Subsection 11. 1 of this Agreement) and all other documents, writings, and/ or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant 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. Richard Beck is the Consultant' s primary representative for purposes of this Agreement. Richard Beck 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
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City of Seal Beach Professional Services Agreement
To Consultant: Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
Attn: Richard Beck

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, 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 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, 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 6 of 21
City of Seal Beach Professional Services Agreement
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. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 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, 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 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 (" PERE"), commencing at Government Code § 20000, as amended by the Public 7of21
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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 PERIL, 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 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.
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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, 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 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 in the performance of this Agreement are deemed 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 9of21
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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 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 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 10 of 21
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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 Contractor.

17. 0 Insurance

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 11 of 21
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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. Acce tabili 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,

17. 4. 1. For general liability insurance, 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 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, 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. 12 of 21
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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, 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, volunteers and those City agents serving as independent contractors in the role of City officials.

17. 8. Deductibles and Self -Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: ( i) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects 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 ( 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, 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 13 of 21
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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 shall furnish such proof at least two weeks prior to the expiration of the coverages.

17. 13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant 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. Contractor 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 14 of 21
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entitled to the broader coverage and/ or the higher limits maintained by Consultant.

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

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

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

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

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

18. 1. 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, 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 and 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 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. 15 of 21
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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 indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, 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, 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, volunteers and those City agents serving as independent contractors in the role of City officials.

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 or Liabilities 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.

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 employee, applicants for employment, contractors, subcontractors or subconsultants because of race, 16 of 21
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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 any of City' s elected or appointed officials, officers, employees, 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 B, attached hereto and incorporated by reference herein.

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

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

24. 0 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).
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25. 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.

26. 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.

27. 0 Prohibited Interests; Conflict of Interest

27. 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.

27. 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.

27. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 18 of 21
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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.

28. 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 and agents 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 and agents.

29. 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.

30. 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.

31. 0 Mutual Cooperation

31. 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. 19 of 21
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31. 2. Consultant' s Cooperatiot7. 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.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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 CONSULTANT: Michael Baker
International, Inc., a Pennsylvania
By: i::.

Corporation
Patrick Gallegos, City Managgr j3y:
r` QAC Name:

Gn' DOR4
Attes4GIoria
r
a
o
rne:

By'.

D. Harper, City rre Tv Cs'
Approved as to Form:

By:

Nicholas Ghirelli, City Attorney
City of Seal Beach Professional Services Agreement
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
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EXHIBIT A

SCOPE OF SERVICES
Consultant' s Proposal for Open Space, recreation, and
Conservation Element, dated August 12, 2025)
City of Seal Beach Professional Services Agreement

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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.

City of Seal Beach Professional Services 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.

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.

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.

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 City of Seal Beach Professional Services Agreement
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

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

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

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend ( at Consultant' s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents 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.

City of Seal Beach Professional Services Agreement
We Make a Difference
I N T E R N AT 1 0 N A L
August 12th, 2025
Tim Kelsey, Recreation Manager
Community Services/ Recreation Department
City of Seal Beach
211 8th St, Seal Beach, CA 90740
SUBJECT: City of Seal Beach Open Space, Recreation, and Conservation Element Update Proposal
Dear Mr. Kelsey:

Michael Baker International, Inc. ( Michael Baker) is pleased to submit this proposal to update the Seal Beach Open Space, Recreation, and Conservation Element ( Project) to ensure consistency with Senate Bill 1425 and Assembly Bill 1889. This update presents an opportunity to revise goals and policies to reflect evolving regulatory requirements while also enhancing benefits for the Seal Beach community. The Michael Baker team has developed an efficient and meaningful work approach that will be informed by the City, the Recreation and Park Commission, and the broader Seal Beach community.

Michael Baker brings extensive experience in long- range community planning and General Plan updates throughout Orange County and Southern California. Our team is familiar with the City of Seal Beach, having previously supported the preparation of the Local Coastal Program, Local Hazard Mitigation Plan, Safety Element Update, and the Environmental Justice Element. The team will leverage shared data, background research, and policy directives to streamline workflows and ensure consistency throughout the update process. The team is available to begin work immediately and is committed to delivering an updated Open Space, Recreation, and Conservation Element by early 2026 to be compliant with Senate Bill 1425 and Assembly Bill 1889.

Valerie Clarke, proposed Project Manager, will serve as the primary point of contact. Ms. Clarke will be supported by Noelle Anderson, who will lead community engagement efforts. The team is dedicated to strengthening our professional relationship with the City of Seal Beach and its community to build a strong foundation for a safe, equitable, and vibrant future for the City. This proposal shall remain valid for 120 days from the date of submittal.

Sincerely,
Richard Beck, Principal -in -Charge
Vice President, Practice Executive
949) 855 — 3687 1 rbeck@mbakerintl. com
MBAKERINTL. COM
LUAI C1.4'_
Valerie Clarke, Project Manager
Long Range Planning Services
949) 330- 4228 1 valerie. clarke@mbakerintl. com
5 Hutton Centre Drive I Santa Ana, CA 92707
Office: 949. 472. 3505 1 Fax: 949. 837. 4122
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal

INTERNATIONAL
Scope of Services
Task 1 PROJECT INITIATION AND MANAGEMENT
Task 1. 1 Kick -Off Meeting
Michael Baker will conduct an in person kick- off meeting with the City Project Management Team to review the proposed scope of work, establish the anticipated project schedule, and discuss communication protocols and deliverable expectations. Up to three ( 3) Michael Baker staff members will participate in this meeting.

Task 1. 2 Regular Coordination Meetings
Throughout the development of the Open Space, Recreation, and Conservation Element Update, the Michael Baker team, led by Project Manager Valerie Clarke, will work proactively with the City Project Manager to ensure tasks are completed on time and within budget, with optimal use of resources. To support timely project completion, the Michael Baker team will participate in regular meetings with the City during the course of the work program. These meetings will primarily be held via virtual calls and will serve to discuss progress, address issues, review administrative documents and deliverables, and receive direction as needed. The team recommends meeting twice per month, with frequency adjusted based on the stage of the Project. Up to twelve ( 12) regular coordination meetings are anticipated.

Task 1. 3 Project Management
Ms. Clarke will be responsible for the day-to-day management of the team; her responsibilities will include coordinating Michael Baker' s internal teams and City leadership through progress monitoring, invoicing, preparation of progress reports, maintenance of project files, and oversight of scope and schedule adherence. Michael Bakers goal is to serve as an extension of City staff throughout the duration of the Project.

Task 1 Deliverables
One ( 1) Kick- off meeting
Confirm project schedule
Up to twelve ( 12) virtual coordination meetings
Monthly invoices
Meeting agenda and summaries with action items

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y
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal

INTERNATIONAL P',
Task 2 COMMUNITY ENGAGEMENT
Task 2. 1 Recreation and Park Commission Community Meeting A community meeting with the Recreation and Park Commission will be held early in the project and structured as an open forum to gather input from both the Commission and the public. This meeting could be either a standalone meeting or co -located at a Recreation and Park Commission hearing. Hosting this meeting at the onset of the project allows the Commission to help shape the goals and policies, while also informing the public of the Project.

The meeting may include the following components:

Project introduction
Roles and responsibilities
Discussion of plan goals and objectives
Review of existing documents
Inventory of questions and concerns related to the General Plan update process Michael Baker will host and facilitate the meeting with a presentation and up to five ( 5) display boards. The meeting will be limited to a maximum of two ( 2) hours. It is assumed the City will secure an appropriate meeting space.

The City will be responsible for confirming attendance of Recreation and Park Commission members and distributing email invites. As this is an open meeting, other commissions and committees, such as the Environmental Quality Control Board and the Ad Hoc General Plan/ Local Coastal Plan Citizens Advisory Committee, will also be invited to participate.

To support outreach, the Michael Baker team will design one ( 1) visually compelling promotional flyer tailored for multi -channel distribution. This flyer will be suitable for email blasts, inclusion on the project website, and adaptation for social media platforms. QR codes may be included to direct viewers to the City' s website or meeting details. The City will be responsible for distributing the promotional content through its website, social media channels, newsletters, printed mailings, and other relevant outlets.

Task 2.2 Online Survey
In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/ rating scales, and open- ended questions, all specifically designed to inform the Open Space, Recreation, and Conservation Element Update. The team anticipates up to twelve ( 12) questions so that the survey is focused and easy to complete for the community. The team will coordinate with the City to make the survey link available on the website prior to Task 2. 1 Recreation and Park Commission Community Meeting so that the survey can be advertised at the meeting. The City will be responsible for distributing and promoting the survey website, social media channels, newsletters, printed mailings, and other relevant outlets. Survey summary information will be included in Task 2. 3 Community Engagement Summary.

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d 9LAZ
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL`
Task 2.3 Community Engagement Summary
Throughout the community engagement process, Michael Baker will document input received for inclusion into a Community Engagement Summary report. Included in this document will include the survey summary, Recreation and Park Commission Community Meeting notes, and other received input through the City. Appendix information will include documentation from all outreach mechanisms.

Task 2 Deliverables
Meeting presentation and content for one ( 1) Recreation and Park Commission Community Meeting
Outreach collateral, including up to five (5) display boards, meeting agendas, and sign -in sheets
One ( 1) promotional flyer designed in Adobe Illustrator or Canva to advertise the Community Meeting
Community Engagement Summary Report, up to five ( 5) pages, delivered in Microsoft Word or Adobe PDF format
Task 3 PLAN DEVELOPMENT
Task 3. 1 Existing Conditions and Baseline Assessment
Michael Baker will review existing and background documents for inclusion in the Open Space, Recreation, and Conservation Element Update process. Anticipated resource documents include those highlighted below. Additional open space -related documents will be reviewed as needed to support the Element update process.

Existing General Plan Elements, including the current Open Space, Recreation, and Conservation Element, the Land Use Element, and the Circulation Element Draft Environmental Justice Element
Draft Safety Element
Draft Local Coastal Program ( LCP), Land Use Plan ( LUP) Local Hazard Mitigation Plan
Plans and documents from the Los Cerritos Wetlands Authority California Essential Habitat Connectivity Project
State Wildlife Action Plan
Restoring California' s Wildlife Connectivity ( 2022)
Recreation and resource policies from the Orange County General Plan Existing open space documentation and community -specific updates City -specific GIS files related to open space, recreation, and conservation Given that Michael Baker is concurrently preparing the City of Seal Beach' s Environmental Justice Element and Safety Element Update, the team is positioned to provide efficiencies and rust savings during the existing conditions and baseline assessment phase of this task. To support the Open Space, Recreation, and Conservation Element Update, the team will integrate baseline data from the draft Environmental Justice Element to highlight Seal Beach' s demographics and identify disadvantaged populations.

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INTERNATIONAL
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
Since the team has already completed an assessment using the California Communities Environmental Health Screening Tool ( CalEnviroScreen) for the Environmental Justice Element, this research— focused on social, economic, and racial equity— will serve as a foundation for analyzing equitable access to open space. Additionally, climate resilience and other co -benefits of open space, as aligned with the Safety Element, will be incorporated into the plan. The team will integrate reduced risks from climate -related hazards and offers opportunities for safe cohabitation in open spaces.

Regarding wildlife integration, Michael Baker will conduct a desktop analysis of connectivity areas within the City, focusing on landscape permeability and natural corridors. The team will identify and assess existing or planned wildlife passage features. This analysis will ensure that future development does not compromise the effectiveness of these features. The current Open Space, Recreation, and Conservation Element highlights wildlife habitats and natural resources within the City, particularly in Planning Area 5 ( Seal Beach U. S. Naval Weapons Station/ Wildlife Refuge), Gum Grove Nature Park' s urban forest connection, and the Los Cerritos Wetlands. The team will update review for additional opportunities for re -wilding, in coordination with the Land Use Element of the General Plan.

Task 3. 2 Exhibit Preparation
To support Task 3. 1 Existing Conditions and Baseline Assessment, the Michael Baker team will prepare and update mapping exhibits. Location - based data will be captured in a GIS database compatible with Seal Beach' s systems, where feasible. The team will leverage shapefiles and layer styles from its current work on the LCP, LUP, Safety Element, and Environmental Justice Element to promote both efficiency and consistency across graphics. Up to five ( 5) mapping exhibits are anticipated. Below are examples of recommended exhibits. Michael Baker will collaborate with the City to determine the most relevant content to highlight in each:

Open Space/ Conservation Program Map: Displays designated open space areas, including parks, greenbelts, and protected lands.

Wildlife Habitat and Corridor Map: Identifies critical habitats and movement corridors for biodiversity conservation, incorporating statewide and local wildlife movement layers while showing linkages across the City.

Recreation Map: Showcases community spaces, trails, and recreational facilities.

Urban Heat Island and Vegetation Map: Uses existing vegetation data or aerial imagery to distinguish vegetated vs. non -vegetated areas, with connections to wildfire risk using CalFire and other relevant fire hazard layers.

Biodiversity Conservation Map: Includes biodiversity hotspots and priority conservation areas using data from USFWS critical habitat layers, CNDDB mapping, National Wetlands Inventory ( NWI), and existing conserved lands, public lands, and parks.

Task 3. 3 Action Plan: Goals, Policies, and Priorities
The Michael Baker team will use the existing Open Space, Recreation, and Conservation Element as a foundation to review and refine goals and policies, minimizing the need for a complete overhaul of the Plan. Updated policies will focus on preserving, enhancing, and expanding an

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INTERNATIONAL
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
integrated network of open space that supports beneficial uses such as habitat conservation, recreation, natural resource protection, historic and tribal resource preservation, water management, and aesthetic value.

In addition to a comprehensive review of the existing vision and policy framework, the Element update will be aligned with the requirements of Government Code Sections 65560 through 65562.

The team will ensure that the revised goals, policies, and priorities reflect the broader General Plan vision, incorporate diverse perspectives, and gain community support.

The team will also consider relevant goals and strategies outlined in the Environmental Justice Element and Safety Element Update, integrating them into the Open Space, Recreation, and Conservation Element where appropriate to ensure consistency and reinforce priorities such as equity, climate resilience, and public health. The goals, objectives and policies will be summarized into an Microsoft Excel file that will be integrated into the Element Draft.

Task 3. 4 Administrative Draft Plan
Michael Baker will compile all previous efforts into an Administrative Open Space, Recreation, and Conservation Element Update draft. The team understands the importance of delivering a concise, well-written, and visually engaging document that will serve City staff, stakeholders, decision - makers, and the public effectively for years to come.

To ensure high quality, Michael Baker's graphic design and technical editing team will support the development of the document by integrating maps, graphics, photos, charts, and data that complement and enhance the written content. Upon receiving the Administrative Draft Element, the City will consolidate all redline, strikeout, and tracked changes into a single document. Michael Baker will then incorporate these edits into the Updated Draft Open Space, Recreation, and Conservation Element Update to be presented to the Recreation and Park Commission, as outlined in Task 3. 5 Recreation and Park Commission Review Session.

Task 3. 5 Recreation and Park Commission Review Session Michael Baker will assist the City in conducting one review session with the Recreation and Park Commission for the Open Space, Recreation, and Conservation Element Update. This session will include a presentation on the Element' s development process, community outreach efforts, and key findings to date. The team will solicit feedback from Commission members during the session for consideration in the draft Element. It is not anticipated that new sections will be added or that significant changes will be made to the Element as a result of this session. Any changes into the draft Element update will be integrated into the Public Review Draft. Two ( 2) Michael Baker staff members will attend the review session and will prepare all necessary presentation and handout materials to support the discussion for the in person session.

Task 3 Deliverables
One ( 1) Goals, Objectives, and Policies Matrix; this will be integrated into the Element draft ( Microsoft Excel)
Up to five ( 5) mapping/ graphic exhibits ( GIS and Adobe PDF) One ( 1) Administrative Draft Plan ( Microsoft Word and Adobe PDF) Two ( 2) staff members in attendance at one ( 1) Recreation and Park Commission Review

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City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
INTERNATIONAL .__
Session
TASK 4.0 PUBLIC REVIEW AND ADOPTION OF ELEMENTS
Task 4.1 Public Review Draft Element
Michael Baker will provide an electronic public review draft in Adobe PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the Open Space, Recreation, and Conservation Element update made available on the City website.

The City will be responsible for collecting public comments/ questions and distributing to Michael Baker at the close of the public review period.

Task 4. 2 Final Element Update
Michael Baker will compile all comments received from Task 4. 1 Public Review Draft Element and will incorporate changes into the Final Element Update. The final Open Space, Recreation, and Conservation Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4.4 Planning Commission and City Council Adoption.

Task 4. 3 Planning Commission and City Council Adoption Michael Baker will present the final Open Space, Recreation, and Conservation Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Open Space, Recreation, and Conservation Element update will be transmitted to the City.

Task 4.4 CEQA Commonsense Exemption
This scope of work above assumes that policy and action plan updates will qualify for a common sense CEQA exemption. The Michael Baker team has historically utilized this exemption for General Plan Element updates where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061( b)( 3).

Michael Baker will prepare a draft Notice of Exemption ( NOE) outlining the project description and applicability of CEQA Guidelines Section 15061( b)( 3). The NOE will be submitted to City staff electronically for one round of review/comment. The Michael Baker team will incorporate comments into a final NOE and file with the County Clerk and State Clearinghouse upon adoption of the Open Space, Recreation, and Conservation Element Update.

Should it be determined that a commonsense exemption does not apply to the project, Michael Baker can assist with preparing an alternative CEQA documentation ( e.g., Negative Declaration) to provide environmental clearance for the proposed project under a separate scope and fee.

Task 4 Deliverables
Public Review Draft Element in Adobe PDF and Microsoft Word Final Open Space, Recreation, and Conservation Element update Draft CEQA Notice of Exemption

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City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal

INTERNATIONAL
Final CEQA Notice of Exemption
C
Two ( 2) staff members in attendance at one ( 1) Planning Commission Hearing Two ( 2) staff members in attendance at one ( 1) City Council Hearing Informational Presentation and Handouts in support of Planning Commission/ City Council Hearings

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INTERNATIONAL
Cost Proposal
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
The Cost Proposal for the Project is summarized below. Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty ( 30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect.

Narne
Staff Role
Task 1. 0 Project Initiation and Project Management
Task 1. 1 Kick -Orf Meeting
Michael
Yaffe
Project
Valerie
Clarke
Project
r
4 Noelle
Anderson
Community
Engagement
4 Jake
Poland
Community
4 Casey
Marchese
Community
Frances Yau Steven
Anderson
Environmental Biologst
Audrey
Tamayo Multiple
Subject
Matter
GIS and Experts
Graphic ( SME)
14, 587
2, 105
Task 1. 2 Regular Coordination Meetings 2 zo s 120 8, 380 Task 1, 3 PEgfect Managenlenl
Task 2. 0 Community Engagement
Task 2. 1 Recreation and Park Commission Community Meeting z
2 15
4 4
4 10
4, 102
7, 245
3, 429
Task 2. 2 Online Survey 2
1 2 10 1 2, 111
Task 2. 3 COrtxnunf
Dev
En rtlent 5unmar
3 Plan
Task 3. 1 Existing Conditions and Baseline Assessment 4 2 8
10 8 16 8
1, 705
7, 061
Task 3. 2 Exhibit Preparation 2 2 20 3, 393
Task 3. 3 Action Plan: Goals, Policies. and Priorities 8 8 8 8 4 4 6, 654 Task 3.4 Administrative Draft Plan 2 8 10 10 4, 799
Task 3. 5 Recreation and Park Commission Review Session Task i
Task 4, 1 Public Review Draft Element
4 2
4 8
4 8 4
1, 870
r , 257
3, 203
Task 4.2 Final Element Update 2 5 5 1, 729
Task 4. 3 Planning Commission and City Council Adoption 6 4 5 5 3, 305 Task 4. 4 CEOA Commonsense Exemption 2 8 2, 021
TOTAL HOURS 10 81 32 76 78 8 24 20 12
LABOR COSTS BY TASK 1 2, 651 1 $ 16, 432 1
6, 115 10, 055 1 $ 10, 319 1, 639 $ 4,082 2,457 $ 2, 117 SUBTOTALI 55, 867
OTHER DIRECT COSTS ( ODC) 3, 0441
TOTAL COST 56 " I

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INTERNATIONAL
Project Schedule
City of Seal Beach Open Space, Recreation,
and Conservation Element Update Proposal
The following is a preliminary schedule based on the Scope of Services. The team remains flexible and can adjust the timeline to meet the City's needs. A detailed timeline, including specific deliverables and dates, will be developed following the project kick-off meeting. The schedule below follows a standard four- week/ month layout.
1 1 Kick -Off Meeting
12 Regular Coordination Meetings
I. 3 Protect Management
2 1 Recreation and Park Commission Community Meeting
2 2 Online Survey
2 3 Community Engagement Summary
3 1 Existing Conditions and Baseline Assessment
3 2 Exhibit Preparation
3 3 Action Plan: Goals, Policies, and Priorities
3 4 Administrative Dreg Plan
3 5 Recreation and Park Commission Review Session
Task 4 1 Public Review Draft Element
Tes4 4 2 Final Element Update
Task 4 3 Planning Commission and City Council Adoption
Task 44 CEOA Commonsense Exemption
e
Task Duration
K= Kick -Off Meeting
C- Regular Coordination Meetings
R1= Recreation and Park Commission Community Meeting
R2= Recreation and Park Commission Review Session
PR- Public Review Period
FU- NOW ran
PC- planning Commission Adaption
CC- Clty Council Adoption
CI C iC• C C: CI C
PIR
m
FO

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Agenda Item H

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Purchasing for the
Replacement of City Vehicles and Heavy Equipment
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7812:

1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a notto-exceed amount of $234,455.81, in accordance with the following breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and,
b) PIU Vehicle Unit #4109 for $62,286.31; and,
c) Police Surveillance Unit #4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30; and,

2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and,

3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the abovereferenced four (4) vehicles pursuant to Seal Beach Municipal Code Section

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e) Contingency for $7,500.00; and,

4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and,

5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting.

BACKGROUND AND ANALYSIS:

On January 27, 2025, a Fleet Modernization Analysis Report (Report) was presented to City Council providing a comprehensive fleet modernization strategy and criteria for the prioritization of unit replacement to increase efficiency and reduction of costs over the lifecycle of the unit. The criteria include, but are not limited to, vehicle age, maintenance repairs and history, mileage milestone, and usage case.

Based on the Report’s criteria, Police Interceptor Utility Vehicle (PIU) Units #4108, #4109, and Police Surveillance Unit #4122, are recommended for replacement. To replace these units, staff will utilize a cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF.

Public Works Heavy Equipment Unit #101 is designated for replacement under the Report’s replacement criteria for heavy equipment. Since 2016, this unit has been one of the primary utility tractors for the Public Works Maintenance Division. It has been continuously used for beach maintenance, sanitization, trash mitigation, and equipment augmentation. Other uses for this utility tractor include, but are not limited to, emergency and heavy rain event response as well as large debris removal. This new asset within the Public Works fleet will also serve as a reliable piece of equipment for said response during inclement weather and tidal conditions. Numerous repairs have been made to the existing unit both in-house and contracted out to keep it in running condition, but it is well past its useful life.

Unit #101’s current service life at twenty (20) years exceeds the manufacturer’s suggested 8-year replacement interval for heavy equipment within a saline coastal environment. To replace Unit #101, staff will utilize Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC.

Marine Safety Unit #5130 is also identified in the Report for vehicle replacement.

Unit #5130’s current service life of eight (8) years twice exceeds the Report’s suggested vehicle age replacement of four (4) years for Marine Safety vehicles due to being more susceptible to corrosion and early deterioration in a saline coastal environment. Frequent repairs have been made to the unit to keep it in running condition, but it is well past its useful life. To replace Unit #5130, staff will utilize Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF.

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Staff solicited fleet replacement quotes through Sourcewell, as permitted by City of Seal Beach Municipal Code Section 3.20.025 (D). This code provides for an exemption from the City’s competitive bidding requirements for purchases made through a cooperative purchase program. Pricing under cooperative purchasing programs is competitively solicited and generally ensures best pricing by leveraging the volume of participating members regionally and/or nationwide. The units below will utilize the corresponding cooperative purchasing agreements for the replacement units:

Unit
Number Vendor
Cooperative Purchase
Contract
4108 National Auto Fleet Group #081325-NAF
4109 National Auto Fleet Group #081325-NAF
4122 National Auto Fleet Group #081325-NAF
5130 National Auto Fleet Group #081325-NAF
101 Stotz Equipment #112624-DAC
The Police Department and Marine Safety vehicles will require base-level upfitting customization to meet their respective departments’ requirements, such as highly specialized law enforcement, communication, and rescue equipment. Contingency funding for upfitting is also recommended for the vehicles since throughout the procurement, manufacturing, and operational timeframe, unforeseen equipment augmentation may arise from base-level upfitting from end users that would need to be tailored for a specific use case.

It is further recommended that City Council approve a sole-source expenditure in the amount of $59,362.54 with Hi-Standard Automotive, LLC, as permitted by Seal Beach Municipal Code Section 3.20.025(B), which provides that “purchase of a commodity that can only be obtained by only one vendor” is exempt form City’s bidding procedures.

ENVIRONMENTAL IMPACT:

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

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

The following is a price breakdown of each of the units described above quote obtained through Sourcewell:

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Unit
Number Description Cost
4108 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31 Upfitting Costs $ 19,334.07
4109 2027 Ford Police Interceptor Utility Unit - Marked $ 62,286.31 Upfitting Costs $ 19,334.07
4122 2027 Ford Police Interceptor Utility Unit – Surveillance $ 57,512.89 Upfitting Costs $ 5,192.06
5130 2026 Toyota Tacoma 4x4 SR5 Double Cab – Marine Safety $ 52,370.30 Upfitting Costs $ 8,002.34
101 2027 John Deere 5105M Utility Tractor – Beach Maintenance $ 103,558.51 Upfitting Contingency $ 7,500.00
TOTAL COST $ 397,376.86
Funds will be expensed from the following accounts:

Account Description Amount
601-500-0980-53600 Vehicles $397,376.86
Total $397,376.86
Revenue from the surplus of existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting will be posted to the Sales of Surplus Property Account (601-000-0000-47900).

Any unspent funds will be returned to the original funding source.

RECOMMENDATION:

That the City Council adopt Resolution 7812:

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c) Police Surveillance Unit# 4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30; and,

4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and,

5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7812
RESOLUTION 7812

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AUTHORIZING THE PURCHASE FOR

REPLACEMENT OF CITY VEHICLES AND HEAVY EQUIPMENT
WHEREAS, the City owns, operates, and maintains a fleet of vehicles; and, WHEREAS, on January 27, 2025, a Citywide Fleet Modernization Analysis Report (Report) was published and presented to the City Council, detailing a comprehensive fleet replacement and modernization strategy; and, WHEREAS, the Report identifies specific City vehicles for replacement based on general wear and tear, years in service, mileage milestone, or vehicles deemed out of commission; and,
WHEREAS, Police Interceptor Utility (PIU) Vehicle Units #4108, #4109, and Police Surveillance Unit #4122; Marine Safety Unit #5130; and Public Works Heavy Equipment Unit #101 are recommended for replacement per the Report’s replacement criteria; and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from competitive bidding requirements for purchases made through a cooperative purchasing program; and,
WHEREAS, in accordance with the Seal Beach City Charter and Seal Beach Municipal Code Sections 3.20.025(D) and 3.20.025(B), in order to obtain the replacement vehicles, the City solicited quotes for the purchase of the replacement vehicles from National Auto Fleet Group pursuant to Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF, and Stotz Equipment pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC, and also determined that the upfitting of the fleet can be obtained only from Hi-Standard Automotive, LLC in order to ensure the standardized upfitting of the vehicles and equipment.

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

Section 1. The City Council hereby approves and authorizes the purchase of four (4) replacement vehicles for the City’s fleet from National Auto Fleet Group pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #081325-NAF, for a not-toexceed total cost of $234,455.81, in accordance with the following breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and,
b) PIU Vehicle Unit #4109 for $62,286.31; and,
c) Police Surveillance Unit# 4122 for $57,512.89; and,
d) Marine Safety Unit #5130 for $52,370.30.

Section 2. The City Council hereby authorizes the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the Cooperative Purchase Contract with Sourcewell, master vehicle contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D).

Section 3. The City Council hereby authorizes the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown:
a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $19,334.07; and,
b) PIU Vehicle Unit #4109 for $19,334.07;
c) Police Surveillance Unit #4122 for $5,192.06; and,
d) Marine Safety Unit #5130 for $8,002.34; and,
e) Contingency for $7,500.00.

Section 4. The City Council hereby directs the City Manager, or designee, to approve purchase orders and any necessary related documents on behalf of the City, for the new vehicles.

Section 5. The City Council hereby authorizes the City Manager, or designee, to surplus existing vehicles and equipment upon the completion of the new vehicle and equipment purchases upfitting.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 }
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 7812 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026.

Gloria D. Harper, City Clerk
Agenda Item I

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka
Construction, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7813:

1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and,

2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and,

3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and,

4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term.

BACKGROUND AND ANALYSIS:

Historically, the residents along the beach between the Anaheim Jetties and the pier are subject to wave inundation during storms. The threat of washouts or flooding is lessened by the annual construction of a sand berm. The “berm” is routinely built in late October and early November, completed prior to Thanksgiving and then removed each year prior to the end of April, except in cases where possible inclement weather and wave events would make it prudent to leave it in place for longer periods.

Page 2 ends

As part of the Annual Winter Sand Berm Study, dated September 2003, specifications for the sand berm construction and removal were identified.

Accordingly, the contract work will consist of constructing a sand berm approximately 22 feet above mean lower low water (MLLW) datum, almost 40 feet wide and the length of East Beach from the pier to the Navy Base. The report also recommended performing “back-passing” operations every other year which consist of moving sand from West Beach to East Beach. This contract will include back-passing during the Fall of 2027 and every odd year afterwards for the term of the agreement.

The City’s existing Berm Contractor, Post Bros Construction Co., opted out of the allowable extensions in their Agreement due to rising fuel costs that they claimed would not allow them to continue at their bid price. On July 8, 2026, the City issued a solicitation for bids and on August 12, 2026, the City Clerk’s office received three (3) bids with the following results:

RANK CONTRACTOR BID AMOUNT
1 Elka Construction, Inc. $320,000
2 Elite Earthworks and Engineering $469,000
3 Crew, Inc. $745,000
Based upon references, qualifications, work experience, and cost, staff recommends selecting Elka Construction, Inc. as the lowest responsible bidder at $320,000 for a two-year period and awarding the contract to Elka Construction Inc.

The project plans are available in the City Engineer’s office.

The contract term is two (2) years, and the City will have the option to extend the contract for up to four (4) additional one-year terms. Each contract term extension allows for an increase in the compensation based on the lesser of either (a) changes to the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long Beach-Anaheim, CA (1982-84=100), All Items, as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year.

Contingency funding will be included into this agreement for Fiscal Year 2026-27 on an as needed basis in preparation for a projected El Nino winter. Given weather unpredictability, staff may have minimal warning to prepare for, and react to, major storms or tide swells. This contingency will allow staff to bring in a grading contractor under contract on short notice this winter.

ENVIRONMENTAL IMPACT:

This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d).

Page 3 ends

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Funds for the Fiscal Year 2026-27 contract expenditures have been included in the Tidelands Account. Future funding needs will be reflected in the subsequent fiscal years’ proposed budgets.

RECOMMENDATION:

That the City Council adopt Resolution 7813:

1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and,

2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and,

4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original 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. Senior Engineer
ATTACHMENTS:

A. Resolution 7813
B. Public Works Agreement with Elka Construction, Inc.

RESOLUTION 7813

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH ELKA
CONSTRUCTION INC. FOR THE ANNUAL SAND BERM

CONSTRUCTON AND REMOVAL
WHEREAS, on July 8, 2026, the City issued a solicitation for bids for the Annual Sand Berm Construction and Removal (Project); and,
WHEREAS, on August 12, 2026, the City Clerk’s office received three (3) bids in response to the solicitation of bids, and Elka Construction, Inc. (Elka) submitted the apparent lowest bid in the amount of $320,000; and, WHEREAS, upon review of the Notice Inviting Bids and the Instructions to Bidders, as well as the bid submitted for the work to be performed in accordance with the Agreement, plans, specifications, and contract documents, the City Council finds that Elka is a qualified contractor to undertake the Project.

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

SECTION 1. The City Council hereby approves the scope of work, specifications and other contract documents for the Project
SECTION 2. Based on the recitals set forth above, which are incorporated herein by this reference, the City Council hereby awards a Public Works Agreement to Elka Construction, Inc. for the Project in a not-toexceed amount of $320,000 for the two-year term; waives any and all minor bid irregularities; and rejects all other bids.

SECTION 3. The City Council hereby authorizes and directs the City Manager, or designee, to execute the Public Works Agreement with Elka Construction, Inc. on behalf of the City for the Project.

SECTION 4. The City Council hereby authorizes the City Manager, or designee, to approve additional work requests and construction services by Elka Construction, Inc. up to $64,000 (approximately 20%), in connection with the Project.

SECTION 5. The City Council hereby authorizes the City Manager, or his designee, to extend the Agreement with Elka for up to four (4) additional one-year terms, at his discretion.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7813 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2026.

Gloria D. Harper, City Clerk
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PUBLIC WORKS AGREEMENT

ANNUAL SAND BERM CONSTRUCTION AND REMOVAL
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Elka Construction, Inc.
31805 Temecula Parkway, PMB #214
Temecula, CA 92592
P-(951) 972-0806
F- (951)-430-8782
THIS CONTRACT (“Contract”) is made as of September 14, 2026, by and between the City of Seal Beach, a California charter city (“City”), and Elka Construction, Inc., a California Corporation (“Contractor”) (collectively, “the parties” and individually, a “party”).

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RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the ANNUAL SAND BERM CONSTRUCTION AND REMOVAL (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated July 8, 2026; and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated August 12, 2026 in the amount of $320,000 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed California Contractor (State Contractor's license number 1083334, DIR #1001061376; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as ANNUAL SAND BERM CONSTRUCTION AND REMOVAL (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and SP-3
acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Accepted Bid Proposal with Bid Sheets (Exhibit G), and Project Plans (Appendix A). All Contract Documents are hereby incorporated into this Contract.

1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.

2. Effective Date. This Agreement is effective as of September 14, 2026 (the “Effective Date”), and shall remain in full force and effect for two years through and including 11:59 p.m. on September 26, 2028, unless previously terminated or extended as provided in this Agreement.

2.2 City may extend the term of this Agreement for a maximum of four consecutive additional periods, not to exceed one-year each (each an “Extended Term”) by the City Manager giving notice of the City’s desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period.

Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $320,000 (Three Hundred Twenty Thousand dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

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3.1.2 Payment for Subsequest Extensions. In the event that the City Manager elects to extend the Agreement for an additional term(s), the City Manager shall determine the amount of each Extended Term in accordance with Section 3.2

3.2 In the event that this Agreement is extended pursuant to Section

2.2, the amount set forth in Section 3.1 shall be adjusted annually starting in July 22, based on the lesser of either (a) changes to the Consumer Price Index for Los AngelesLong Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (1982-84=100) as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year. No adjustment amount shall be due, owing or paid to Contractor by City until approved in advance by the City Manager.

3.3 Each sum set forth in Section 3.1 and 3.2 shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 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.

3.34 City will not compensate Contractor for any services performed that are not specified in Section 1 of this Agreement unless the City authorizes such work in advance and in writing.

4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, SP-5
claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

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5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.

5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold SP-7
harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.

6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).

6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

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6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.

6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

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6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety.

Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
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If to Contractor: Elka Construction, Inc.
31805 Temecula Parkway, PMB #214
Temecula, CA 92592
Telephone:951-972-0806
Attn: Elia Kaleh, CFO

10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor 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.” SP-12

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.

17. Claim Dispute Resolution.

17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 SP-13
and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

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

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

20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.

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

23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL BEACH CONTRACTOR:

By:___________________________ By: ____________________________ Patrick Gallegos, City Manager
Name: __________________________
Attest:

Title: __________________________
By:___________________________
Gloria D. Harper, City Clerk By: ____________________________ Approved as to Form: Name: __________________________
Title: __________________________
By:___________________________ (Please note, two signatures required for Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.

Elia Kaleh
CFO
Toni Kaleh
CEO
Agenda Item J

AGENDA STAFF REPORT
DATE: September 14, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7814:

1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

BACKGROUND AND ANALYSIS:

The City owns and maintains a robust sewer system consisting of six (6) stations and over 34 miles of pipeline. The City’s Sewer Master Plan identifies critical infrastructure improvements to ensure system reliability, including the Sewer Pump Station 35 Upgrades (Project), CIP SS1903. Sewer Pump Station 35 (PS #35) is a critical facility that collects wastewater from the southerly portion of the City and conveys it to the regional wastewater collection system. A failure at PS #35 could disrupt wastewater conveyance and potentially result in sewer overflows.

The Project is part of a phased effort to improve the reliability and resiliency of PS #35. As part of the current phase, a bypass pumping system with backup generation was installed to provide continued wastewater collection service in the event of a station failure. With successful completion of this phase, the next phase is anticipated to focus on mechanical piping and valve replacements and is tentatively scheduled to begin in 2029.

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Seal Beach City CouncilSeptember 14, 2026

Seal Beach City Council
September 14, 2026