Seaside City Council
January 16, 2025

Order Number: 0131-625683ala
Page Number: 9

LEGAL DESCRIPTION
Real property in the City of Seaside, County of Monterey, State of California, described as follows:

TO BE UPDATED WITH THE RECORDATION OF THE RE-SUBDIVIDED CAMPUS TOWN FINAL MAP Order Number: 0131-625683ala
Page Number: 10
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Revised: February 21, 2024

EXHIBIT B

ESTIMATED COST OF WORK
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Revised: February 21, 2024

EXHIBIT C

CITY ENGINEERING &

INSPECTION COST
Inspection Fees
Property
Classification Total Inspection Fee
New Residential $2,350,924.29
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Revised: February 21, 2024

EXHIBIT D

PERFORMANCE BOND
AMOUNT
Developer must provide a performance bond or security to guarantee the construction or installation of the public improvements, estimated at $560,276.00, which bond amount equal is equal to 100% of public improvement estimate.

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EXHIBIT E

LABOR & MATERIAL BOND AMOUNT
Developer shall furnish and deliver a labor and materials surety bond in the amount of $560,276.00, which bond amount equal is equal to 100% of public improvement estimate.

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RESOLUTION NO. 25-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE FINAL MAP PHASE 1 FOR CAMPUS TOWN SPECIFIC PLAN, A PORTION OF VESTING MAP VTM-01; DRAFT SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE 1A; AND ANNUAL REVIEW

OF THE DEVELOPMENT AGREEMENT
WHEREAS, the Campus Town Specific Plan is generally located east of 1st Avenue, west of 7th Avenue, south of California State University, Monterey Bay and Lightfighter Drive and north; and generally, north of Gigling Road; and
WHEREAS, on March 5, 2020, the City Council approved an application by KB-Bakewell Seaside Venture, LLC (the “Applicant”) for Vesting Tentative Map, VTM-01, for the subdivision of approximately 103.5 acres (the “Property”).

WHEREAS, Vesting Tentative Map VTM-01, including conditions of approval, would also provide for grading of the Project Site; allow for extension of utilities and services to support planned development, including but not limited to potable water, recycled water, sanitary sewer and storm drain system; provide for water quality improvements; allow for new streets to serve anticipated uses; and reserve necessary easements; and
WHEREAS, the City conducted the annual review of the Development Agreement, recorded with the County of Monterey on May 27, 2020, pursuant to California Government Code Section 65865.1 and Seaside Municipal Code Section 17.66.070, and determined the Applicant is acting in good faith compliance with the provisions of this Agreement; and WHEREAS, on May 5, 2022, the City Council approved Final Map for Phase 1A, for the subdivision of approximately 103.5 acres (the “Property”).

WHEREAS, the Applicant submitted to the City a revised Campus Town Phase 1 Final Map, Exhibit A, and is determined to be complete and in conformance with Vesting Tentative Map No. TM-01; and
WHEREAS, in accordance with Section 6, Conditions of Closing, of the Purchase and Sale Agreement entered into with the Applicant on February 6, 2020, the Final Map Phase 1 creates legally subdivided parcels; and
WHEREAS, the Applicant is purchasing Phase 1A a portion of Phase 1 that is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west; and
WHEREAS, Draft Subdivision Improvement Agreement for Phase 1A has been prepared to record concurrent with the transfer of property to the Applicant, Exhibit B; and WHEREAS, subdivision (b) of Government Code Section 66442 requires that all final maps include a certificate signed by the City Surveyor or City Engineer that he or she has examined the map, that the subdivision is substantially the same as it appeared on the tentative map and any approved alternations thereof, that all provisions of the Subdivision Map Act and Packet Page 264
the City’s Subdivision Ordinance have been complied with, and that he or she is satisfied that the map is technically correct.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AS FOLLOWS:
1) The City Council make the following findings pursuant to the requirements of the California Environmental Quality Act:
a) That the above recitals are accurate and are hereby incorporated in and made part of this Resolution by this reference.
b) Pursuant to the California Environmental Quality Act (“CEQA”) and the Agency’s local CEQA Guidelines, the City certified an Environmental Impact Report, State Clearinghouse NO 20180210079, (the “Final EIR”) on March 5, 2020 in connection with the City’s approval of the Campus Town entitlements and the City approved the same EIR in connection with the Agency’s actions to implement that project.

Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.
c) The City Council find, in connection with the Final Map Phase 1 that its approval is a ministerial action consistent with the project that was reviewed and approved pursuant to the Campus Town EIR. Staff further finds that actions contemplated by this Resolution will not have one or more significant effects not discussed in the previously certified EIR, will not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. d) Based on these findings and all evidence in the record, the City Council determine that no additional environmental review is required pursuant to CEQA in connection with the City’s consideration of the Final Map Phase 1.

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e) Pursuant to California Government Code Section 66457, the City Council find that all required certificates or statements are placed on the map ready to be signed and, where necessary, have been acknowledged.
f) Pursuant to California Government Code Section 66458 and based upon the determinations and report of the City Engineer, the City Council finds that the Final Map Phase 1 conforms to all requirements of the Subdivision Map Act, the City’s local Subdivision Ordinance and that all conditions prior to the approval of the Final Map Phase 1 have been completed to the satisfaction of the City. 2) The City Council hereby appoints the licensed City Surveyor or City Engineer to review the Final Map, Exhibit A, to make minor technical corrections as appropriate, and provide the certificate therefore in compliance with Government Code Section 66442. 3) The City Council hereby appoints the City Manager or designee, as corrected by the City Surveyor or City Engineer, for substantial conformance with the Vesting Tentative Map No.

TM-01 as modified and provide the certification in compliance with Seaside Municipal Code

16.12.120.
4) The City Council hereby appoints the City Manager or designee to approve the final Subdivision Improvement Agreement for Phase 1A, upon determination of substantial conformance with the draft as finally approved by the City Attorney. 5) The City Council hereby instructs the City Clerk to endorse on the face of the Final Map, as corrected by the City Surveyor or City Engineer, the certificate that embodies the approval of the Final Map and instructs the City Clerk to accept, subject to improvements as called for under the Subdivision Improvement Agreement or other legal requirement, all offers of public dedication that may be provided on the Final Map Phase 1.
6) Based on the findings contained in Section 1 through 5 of this Resolution, and pursuant to the requirements of the California Subdivision Map Act and the City’s Subdivision Ordinance, the City Council hereby approve the Final Map Phase 1.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California on the day of January, 2025.

AYES: COUNCIL/AGENCY MEMBERS
NOES: COUNCIL/AGENCY MEMBERS
ABSTAIN: COUNCIL/AGENCY MEMBERS
ABSENT: COUNCIL/AGENCY MEMBERS
APPROVED:

Ian N. Oglesby, Mayor
ATTEST:

Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_______________________________
Sheri L. Damon, City Attorney
Exhibits
A. Campus Town Final Map Phase 1
B. Draft Subdivision Improvement Agreement Phase 1A
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.M.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION TO MODIFY THE POSITION

ALLOCATION LIST TO ADD ONE ADMINISTRATIVE ANALYST I

AND APPROVE COMPENSATION PLANS FOR THE POSITION

RECOMMENDATION
Approve the changes to the Position Allocation List.

BACKGROUND
In May of 2024, the Recreation Department in conjunction with the Village Project Inc. applied for the Prop 47 grant through the Board of State and Community Corrections (BSCC). In October of 2024, the City received a notification from the BSCC that its grant application was approved in the amount of $6,022,619. This grant has a four year life cycle and will conclude in June of 2028. In the grant application the City requested the hiring of a Grant Administrator to oversee the program. Staff recommends filling this position with and Administrative Analyst I position. The duties of this position will oversee the day to day management of the grant, collect data from Village Project Inc, work with the BSCC, and submit and track all of the spending. Due to the four year cycle of the grant, this position will be funded through December 2028. Program supervision will fall under the Recreation Director. This position will be designated and follow the Unclassified Position plan.

FISCAL IMPACT
There is no cost associated with this item. All costs are reimbursed 100% by the Prop 47 grant..

ATTACHMENTS
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Item No. 9.M. Page 2 of 2

1. Seaside Administrative Analyst I

2. Unclassified Positions 2022

3. Resolution AA position
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 269

MARCH 2016
FLSA: EXEMPT

ADMINISTRATIVE ANALYST I

DEFINITION
Under general supervision or direction, provides administrative, budgetary, grant, and work-flow support to assigned departmental projects and programs; analyzes programmatic practices and procedures and makes recommendations for organizational, operational, policy, and procedural improvements; conducts needs analyses, feasibility studies, and evaluations for assigned projects and programs; develops, summarizes, and maintains administrative and fiscal records; fosters cooperative working relationships among City departments and acts as liaison with various community, public, and regulatory agencies; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision or direction from assigned supervisory or management personnel. Exercises no direct supervision over staff. May provide technical and functional direction to lower-level staff.

CLASS CHARACTERISTICS
This is the entry-level class in the Administrative Analyst series. Initially under close supervision, incumbents with basic professional administrative support experience perform analytical and technical work within an assigned department. As experience is gained, assignments become more varied and are performed with greater independence. Positions at this level usually perform most of the duties required of the positions at the II level, but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods. Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are explained in detail as they arise. Since this class is often used as a training class, employees may have only limited or no directly related work experience.

EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Assists in developing goals, objectives, policies, procedures, work standards, and administrative control systems for the department to which assigned.
 Participates in and oversees the development and administration of departmental budgets; monitors revenues and expenditures; identifies and recommends resolutions for budgetary problems.  Coordinates and performs professional-level administrative and programmatic work in such areas as budget development, financial administration and reporting, grants, purchasing, database management, contract administration, management analysis, public information, and program evaluation.  Plans, oversees, and administers highly complex department-specific programs and projects; develops and manages program budgets, including revenue projections, multi-year cash flow analysis, cost containment, and grant funds disbursement; directs all aspects of assigned programs, including legal and regulatory compliance to avoid substantial fines; receives, reviews, and organizes program applications; ensures that awards stay within funding limits; participates on various committees and may present Packet Page 270
Administrative Analyst II

committee recommendations to the City Council; sends award letters to program applicants; represents the City to applicants.
 Serves as a liaison to employees, public, and private organizations, community groups, and other organizations; provides information and assistance to the public regarding the assigned programs and services; receives and responds to complaints and questions relating to assigned area of responsibility; reviews problems and recommends corrective actions.
 Participates in the development and implementation of new or revised programs, systems, procedures, and methods of operation; compiles and analyzes data and makes recommendations regarding staffing, equipment, and facility needs.
 Conducts a variety of analytical and operational studies regarding departmental and programmatic activities, including complex financial, budget, personnel, operational, or administrative issues or questions; evaluates alternatives, makes recommendations, and assists with the implementation of procedural, administrative, and/or operational changes after approval; prepares comprehensive technical records and reports, identifies alternatives, and makes and justifies recommendations.  Assists with and coordinates and organizes community events; represents City to residents in explaining City policies; provides outreach and public education programs to the community.  Participates on a variety of interdisciplinary committees and commissions and represents the City to a variety of community and stakeholder groups.
 May assist in the development and reporting of alternate funding sources and ensures compliance with Federal, State, City, and funding agency and City accounting and reporting requirements and applicable laws, regulations, and professional accounting practices.  Prepares and submits City Council agenda reports and various other commission, committee, and staff reports, resolutions, ordinances, and correspondence regarding assigned activities.  Confers with other management staff regarding provision of administrative and support services, including contracts, agreements, and grant reporting.
 Maintains accurate records and files; develops storage of records and retention schedules.  Communicates orally, in writing, or through graphic representations and statistical summaries with colleagues, managers, employees, the public, organized employee groups and representatives of various organizations.
 Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles and practices of municipal management and government.  Basic principles, practices, and procedures of funding sources and grant funds disbursement.  Project and/or program management, analytical processes, and report preparation techniques; municipal programs such as, but not limited to, purchasing, finance, budgeting, and other related governmental programs.
 Organizational and management practices as applied to the analysis, evaluation, development, and implementation of programs, policies, and procedures.
 Basic principles and practices of public administration as applied to operational unit and program administration.
 Research and reporting methods, techniques, and procedures.  Sources of information related to a broad range of municipal programs, services, and administration.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
 Public relations techniques.
 Principles and practices of contract administration and evaluation; and public agency budget development and administration, and sound financial management policies and procedures.

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Administrative Analyst II

 Recent and on-going developments, current literature, and sources of information related to the operations of the assigned division.
 Record keeping principles and procedures.
 Modern office practices, methods, and computer equipment and applications related to the work.  English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
 Assist in the development of goals, objectives, policies, procedures, and work standards for the department.
 Coordinate and oversee programmatic administrative, budgeting, and fiscal reporting activities.  Perform responsible and difficult administrative work involving the use of independent judgment and personal initiative.
 Plan and conduct effective management, administrative, and operational studies.  Plan, organize, and carry out assignments from management staff with minimal direction.  Conduct research on a wide variety of administrative topics including grant funding, contract feasibility, budget and staffing proposals, and operational alternatives.  Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.
 Evaluate and develop improvements in operations, procedures, policies, or methods.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local policies, procedures, laws, and regulations.
 Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in meetings with individuals.
 Establish and maintain a variety of filing, record keeping, and tracking systems.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Operate and maintain modern office equipment, including computer equipment and specialized software applications programs.
 Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to graduation from an accredited four-year college or university with major coursework in accounting, finance, business or public administration, or a closely related field and one (1) year of responsible administrative experience in municipal government.

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Administrative Analyst II

Licenses and Certifications:
 Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment.

Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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City of Seaside
Compensation Plan for Unclassified Positions
Effective July 1, 2022
A. APPLICATION: This Compensation Plan applies to the position of ESCA Program Director. Due to the unique nature of these positions, when established by the City Council, they were determined to be exempt from the classified service.

B. EMPLOYMENT STATUS: In accordance with Municipal Code Section 2.44.030, employees not included in the classified service shall serve at the pleasure of the City Manager and they may be terminated or disciplined at will by the City Manager at any time, without any right of appeal.

C. ANNUAL SALARY: The following position is exempt from the overtime provisions of the FLSA.
a. ESCA Program Director
D. SALARY ADJUSTMENTS:
a. General Salary Adjustments:
i. Effective the pay period beginning July 9, 2022, all members will receive a 4% salary increase.
ii. Effective the first day of the first pay period in January 2023, all members will receive a 3% salary increase. This salary increase is contingent on bargaining unit members agreeing to pick up 3% of the City’s CalPERS contribution.
iii. Effective the first day of the pay period in July of 2023, all members will receive a 4% salary increase.
iv. Effective the first day of the pay period in July of 2024, all members will receive a 4% salary increase.
b. Longevity Pay:
i. Unclassified employees with five or more years of service shall receive longevity pay in the amount of 2.5% of the member’s Base Salary Rate. ii. Unclassified employees with ten or more years of service shall receive longevity pay in the amount of an additional 2.5% of the member’s Base Salary Rate (total of 5%).
iii. Unclassified employees with fifteen or more years of service shall receive longevity pay in the amount of an additional 2.5% of the member’s Base Salary Rate (total of 7.5%).
c. Performance Pay: The City Manager is authorized to grant up to a 7.5% increase to Unclassified employees who exceed expectations in the achievement of established performance goals and objectives. This gives the City Manager flexibility in setting salaries consistent with performance.

E. RETIREMENT:
a. Miscellaneous Classifications:

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City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
2 S:\MOUs\2022\Unclassified Positions 2022.docx
i. Tier 1 - CalPERS 2% @ 55

1. Eligibility: Employees determined by CalPERS to be “classic members.”

2. Employee Contribution: Employees will pay the 7.0% employee contribution to PERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
ii. Tier 2 - CalPERS 2% @ 62 Plan

1. Eligibility: Employees determined by CalPERS to be “new members.”

2. Employee Contribution: Employees will pay 50% of the normal cost as determined annually by CalPERS.

3. Additional Employee Contribution: Effective the first full pay period after January 1, 2023, all bargaining unit members shall pay 3% of the employer’s contribution in accordance with Government Code Section 20516 (Employees Sharing
Additional Cost). Note: Timing is subject to any
administrative processing time required by CalPERS.
b. The City provides the PERS 1959 Survivors Benefit Level Four. The employee cost is $2 per month.
c. Deferred Compensation: The City will pay up to $200 per month to the ICMA deferred compensation program for each employee who makes a matching contribution.

F. MEDICAL, DENTAL, VISION INSURANCE
a. Medical Contributions:
i. MCSIG PPO $40 (70/30 Plan).

The City will pay 100% of the employee only premium and 90% of the dependent premium. This will be the base contribution amount for all plans except the Grandfathered PACE Plan.
ii. MCISG PPO $25 (80/20 Plan).

Employees electing to participate in the MCSIG PPO $25 (80/20 Plan) Packet Page 275
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
3 S:\MOUs\2022\Unclassified Positions 2022.docx
will pay the difference between the City’s contribution for the PPO $40 Plan and the PPO $25 Plan premium.
iii. PACE Plan (90/10 Plan) – Employees hired after October 15, 2015.

New employees enrolling in the PACE 90/10 Plan will pay the difference between the City’s contribution for the PPO $40 plan and the PACE Plan premium.
iv. PACE Plan (90/10 Plan) – Grandfathered Tier – open to employees hired before October 15, 2015.

The City will pay 81% of the employee only premium; 70% of the employee + 1 premium; and 73% of the family premium.
b. Dental and Vision Contributions: The City will contribute towards the cost of the employee’s dental and vision insurance as follows:

Dental
Employee Only: $44.80
Employee + Spouse: $92.90
Employee + Children: $102.74
Employee + Family: $150.85
Vision
Employee Only: $5.35
Employee + 1: $5.78
Employee + Family: $13.12
i. Annual Premium Adjustments: The City and the employee will split the cost of any increase or decrease to the premium on a 50/50 basis. c. Life Insurance: The City will provide term life insurance for all Employees in the amount of two times the employee’s annual salary.
d. Long-Term Disability: The City shall pay the cost of a long-term disability program.
e. IRS Section 125 Plan: The City shall make available an Internal Revenue Service Code Section 125 Plan for unreimbursed medical and dependent care expenses. The annual maximum is set by the IRS.
f. Wellness Program:
i. Health Club Membership: The City will pay up to $45 per month towards an employee membership at a health club upon submission of Packet Page 276
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
4 S:\MOUs\2022\Unclassified Positions 2022.docx
receipt of contract to the Finance Division. The City will process dues by payroll deduction if administratively feasible.
ii. City Recreation Facilities: Employees and their families will have use of City Recreation facilities at no cost.

G. LEAVE BENEFITS:
a. Vacation: the City Manager has the authority to start a new employee covered under this compensation plan anywhere within the accrual schedule and provide them with a starting leave bank of vacation.
i. Accrual Rates: The regular accrual rate shall be:

Years of City Service Accrual Rate per year
Up to 4 10 days
5 – 9 15 days
10 – 14 17 days
15 – 19 20 days
20 – 24 21 days
25 + 25 days
ii. Vacation Upon Termination: Any employee, upon termination of City employment for any reason, who is entitled to vacation time and who has not had the same, shall be paid at his/her current salary rate for such vacation time on the effective date of such termination. If such person works over one-half (1/2) of the month, they shall be entitled to accumulate vacation for that month.
iii. Maximum Accumulation: Employees will be allowed to have no more than two years earned vacation accumulated as of the end of the 2nd pay period of January of any year. Payout for leave in excess of maximum will occur on the 1st pay period of March.
iv. The City will allow employees to cash out 40 hours of accumulated vacation time as set forth in this section. On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to forty (40) hours of accrued vacation (in whole hour increments) which will be earned in the following calendar year at the employee’s base rate of pay. On the pay day of the first pay period in November of the calendar year following election of the cash out, the employee will receive cash for the amount of vacation the employee irrevocably elected to cash out Packet Page 277
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
5 S:\MOUs\2022\Unclassified Positions 2022.docx
in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out. This cash out provision is voluntary on the part of each employee, and does not change the practice of maintaining a maximum of two years of vacation accumulation at the end of any calendar year.
v. Accumulation during OJI Leave: An employee being paid because of an injury on-the-job will accumulate vacation time and sick leave. vi. No Interruption of Accumulation: No interruption in the accumulation of vacation time shall result when an employee takes sick leave, vacation, temporary military leave, or paid leave because of an on-thejob incurred illness or injury. b. Sick Leave with Pay for Non-Job Related Illness, Injury or Disability i. Accrual: Each employee shall earn eight (8) hours sick leave with pay for each calendar month or major fraction thereof served. At his / her discretion, the City Manager may provide a new employee with a starting leave bank.
ii. Sick Leave Use: Sick leave may be used for the illness/injury of family members and all other permissible uses under state law. iii. Bereavement Leave: Bereavement leave, to a maximum of three (3) working days, will be permitted, without charging such leave against sick leave, upon the death of a member of the employee’s immediate family. Immediate family is defined as a parent, child, spouse or domestic partner, brother, sister, grandparents, father-in-law, and mother-in-law of the employee. Employee may use an additional 16 hours of sick leave to extend said leave.
c. Management Leave
i. Annual Accrual: Employees shall earn 40 hours of management leave per calendar year.
ii. Initial Accrual: For newly hired employees, the initial management leave bank shall be prorated according to the following schedule:

Hired January 1 – March 31: 40 Hours
Hired April 1 – June 30: 30 Hours
Hired July 1 – September 30 20 Hours
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City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
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Hired October 1 – November 30 10 Hours
Hired December 1 – December 31 0 Hours
iii. Additional Leave: The City Manager shall have the authority to grant sixteen (16) hours of management time leave to Employees at his/her discretion.
iv. Management Leave Payoff: Employees shall be permitted to sell back their unused annual management leave (up to five days) as of December 1st of each year.
d. Administrative Leave
i. Employees shall earn forty (40) hours, non-cumulative, nonreimbursable administrative leave per calendar year. ii. Initial Accrual: For newly hired employees, the initial management leave bank shall be prorated according to the following schedule:

Hired January 1 – March 31: 40 Hours
Hired April 1 – June 30: 30 Hours
Hired July 1 – September 30 20 Hours
Hired October 1 – November 30 10 Hours
Hired December 1 – December 31 0 Hours
e. Holidays: All employees in a pay status for the majority of a pay period shall be entitled to the following holidays:
• First day of January (New Year’s Day)
• Third Monday in January (Martin Luther King Observance) • Third Monday in February (President’s Day)
• Thirty-first day of March (Cesar Chavez Day)
• Last Monday in May (Memorial Day)
• Nineteenth day of June (Juneteenth)
• Fourth day of July (Independence Day)
• First Monday in September (Labor Day)
• Eleventh day of November (Veteran’s Day)
• Fourth Thursday of November (Thanksgiving Day)
• Day following Thanksgiving Day
• Working day immediately preceding Christmas Day (Christmas Eve) • Twenty-fifth day of December (Christmas Day)
f. Jury Duty:
i. Jury Duty: The City will grant an employee leave with pay for jury duty.

Any checks received from the courts must be submitted to Finance.

Travel pay which is included in the check, will be returned to the Packet Page 279
City of Seaside
Compensation Plan for Unclassified Positions
Effective July 2022
7 S:\MOUs\2022\Unclassified Positions 2022.docx
employee. This rule also applicable to those employees serving on the Grand Jury.

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Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE MODIFICATION OF THE CITY’S POSITION ALLOCATION LIST TO ADD

ONE ADMINISTRATIVE ANALYST I
WHEREAS, the City’s Position Allocation List may be amended on recommendation of the City Manager and approval by the City Council; and WHEREAS, the City of Seaside in conjunction with the Village Project Inc., received a grant for Prop 47 through the Board of State and Community Corrections for the amount of $6,022,619; and
WHEREAS, the Recreation Director will supervise and direct the Administrative Analyst I; and
WHEREAS, the Administrative Analyst I will be an unclassified, exempt, and an at-will employee at the established maximum salary of $104,969.29 to be paid by the BSCC grant and will conclude in June of 2028; and
WHEREAS, the Compensation Plan for Unclassified Positions describes the benefits for the position; and
WHEREAS, there is no City cost associated with this item.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside hereby approves the modification to the Position Allocation List and the designation of classification as proposed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
_______________________________
Ian N. Oglesby, Mayor
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ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.N.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH BELLINGER

FOSTER STEINMETZ FOR THE TRAIL MAINTENANCE STRATEGY

FOR PERMITS AND CONTINGENCY AND AUTHORIZING THE

CONTRACT VALUE TO BE INCREASED BY TWENTY ONE

THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS
($21,489.00) TO BE FUNDED BY THE MONTEREY PENINSULA
REGIONAL PARK DISTRICT ($7,163.00), CITY OF SEASIDE
($7,163.00), AND THE CITY OF MONTEREY ($7,163.00)

RECOMMENDATION
Adopt a resolution approving an amendment to the Professional Services Agreement with Bellinger Foster Steinmetz.

BACKGROUND
The Laguna Grande Regional Park Joint Powers Agency (JPA) approved a contract with Bellinger Foster Steinmetz (BFS) to create a Trail Maintenance Strategy and Conduct Environmental Review for Laguna Grande Regional Park on April 21, 2021. Prior to the award of the contract, staff met with the various City Managers and Executive Director and it was determined that there was inadequate funding to pay for a full park plan, but recommended moving forward with the Trail Maintenance Strategy. The proposed Trail Maintenance Strategy was proposed to include the following steps:

1. Inventory existing trail network and biotic communities.

2. Prepare a draft trail maintenance strategy and vegetation management recommendations.

3. Review maintenance strategy with stakeholders such as the California Department of Fish and Wildlife, Coastal Commission, Regional Water Quality Control Board, and interested parties such as the Audubon Society and residents.

4. Revise the maintenance strategy based on public and stakeholders interest.

5. Present maintenance strategy to the JPA and finalize the project description.

6. Prepare the required environment document.

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Item No. 9.N. Page 2 of 3

7. Present maintenance strategy and environmental document to the JPA for certification.

Once the document was certified by the JPA, the JPA would then pursue permits for the project from various resource agencies such as the Regional Water Quality Control Board, etc. Work could commence after all permits are obtained and appropriate resources and funding are identified and secured. .

In the contract under section 5.0 Additional Services it states:

5.10 Any Permitting: Obtain necessary permits (Fish & Wildlife, Regional Water Quality, Coastal Commission) for project implementation. This task is budgeted as an additional service. Scope and service details will be refined as permit requirements are identified.

Initially, staff considered working through the permitting process internally. However, given the lengthy process and limited staff resources, it has been determined that the best course of action would be to amend BFS's contract to include the permitting process. BFS would work with EMC Planning Group on this project, as EMC was a consultant for BFS for the Vegetation and Trail Maintenance Strategy, and they have a intricate knowledge of the project, and working with these permitting agencies falls in their scope of services.

At the February 12, 2024, Laguna Grande JPA meeting the Board approved and amendment to the contract with BFS to increase the contract by $89,792.50 to start the process of obtaining the necessary permits required to start the work of the Trail Maintenance Strategy. Over the last year, BFS has been working with EMC Planning group to work with the various jurisdictions to obtain the permits that are required. However, during this time we have been notified by multiple jurisdictions that there was added costs with obtaining the permits. The estimated additional costs is approximately $18,703.50, In addition, staff would like to included a fifteen percent contingency to cover any additional expenses that may incur. The total cost of the amended contract would be $21,508.50 Staff recommends dividing this costs between the three member agencies which would be $7,169.00 per agency.

The additional fees are as follows:

California Department of Fish and Wildlife Permit Fee - $6,580.50 Regional Water Quality Board - $1,123.00
Coastal Commission Restoration Plan - $10,983.75
15% Contingency - $2,802
Total - $21,489.00
At the January 13, 2025, Laguna Grande JPA meeting the board approved amending this contract for the additional funds.

FISCAL IMPACT
The fiscal impact for this item is $7,169.00 and will be funded from account 601-2796 ( JPA Laguna Grande Agency Contribution)

ATTACHMENTS

1. Resolution

2. 3rd amendment BFS Agrement
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Item No. 9.N. Page 3 of 3

3. Exhibit B -Laguna Grande Regional Park Additional Project Cost Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH BELLINGER FOSTER STEINMETZ FOR THE

TRAIL MAINTENANCE STRATEGY FOR PERMITS AND CONTINGENCY AND

AUTHORIZING THE CONTRACT VALUE TO BE INCREASED BY TWENTY ONETHOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS ($21,489.00) TO BE

FUNDED BY THE MONTEREY PENINSULA REGIONAL PARK DISTRICT ($7,163.00), CITY OF SEASIDE ($7,163.00), AND THE CITY OF MONTEREY ($7,163.00)
WHEREAS, the existing Laguna Grande Regional Joint Power Agency desires to continue its work on implementing the trail maintenance strategy for Laguna Grande Park and pursue obtaining the necessary permits; and
WHEREAS, the permits are needed before any work in conjunction with the trail maintenance strategy before commencement of the project; and WHEREAS, Bellinger Foster Steinmetz already had the permitting included in the original contract as an additional services; and
WHEREAS, Bellinger Foster Steinmetz has worked diligently during the permitting process, and worked with multiple permitting agencies; and WHEREAS, the project requires additional funding from the JPA members for unforeseen requests from the Coastal Commission, California Department of Fish and Wildlife, and the Regional Water Quality Control Board; and NOW, THEREFORE, BE IT RESOLVED, that the Laguna Grande Regional Joint Powers Agency:

1. Amends a contract to Bellinger Foster Steinmetz for $21,489.00 to obtain the necessary permits required to start the work identified in the trail maintenance strategy for Laguna Grande Regional Park funded by the Monterey Peninsula Regional Park District ($7,163.00), the City of Seaside ($7,163.00), and the City of Monterey ($7,163.00)
PASSED AND ADOPTED at a regular meeting of the Laguna Grande Joint Powers Agency duly held on the 16th day of January by the following vote:

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AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 287
3RD AMENDMENT TO AGREEMENT FOR LAGUNA GRANDE PARK TRAIL MAINTENANCE STRATEGY The Agreement for the Laguna Grande Park Trail maintenance strategy (“Agreement”) entered into on July 13, 2021, by and between BFS LANDSCAPE ARCHITECTS (hereinafter “Consultant”) and the CITY OF MONTEREY is hereby amended as follows:

1. Paragraph 4 of the 2nd amendment to the Agreement dated March 7, 2024 is deleted in its entirety and a new Paragraph 4 is added to read as follows:

4. Compensation. JPA agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, and hourly fee set forth in Consultants Proposal (Exhibit B) in total amount not to exceed twenty one thousand, four hundred eighty nine dollars ($21,489.00). Compensation under this Agreement shall become due and payable 30 days after JPA’s approval of Consultants’ submission of a monthly written invoice to Dan Meewis, Recreation Director of the City of Seaside. Written invoices shall clearly show the account numbers for each project and shall include a copy of timesheets or invoices from sub-consultants. The payment of any compensation to Consultant hereunder shall be contingent upon performance of the terms and conditions of this agreement to the satisfaction of the JPA. If the JPA determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, JPA shall not be responsible for payment until the work has been satisfactorily performed.

2. The City of Seaside on behalf of the JPA will be responsible for administering the Agreement on approval of this Amendment.

This Amendment is entered into on this date:____________________________ in Seaside, California

CITY OF SEASIDE BFS LANDSCAPE ARHITECTS
By:
________________________ ________________________
Craig Malin, Interim City Manager Authorized Signature
________________________ _______________________________ Date Date
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________________________________
Print Name
________________________________
Title
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January 07, 2025
(831) 899-6821 ph
Dmeewis.ci.seaside.ca.us em
MEMO TO: Dan Meewis – City of Seaside
Karen Larson – City of Monterey
Jake Smith – Monterey Peninsula Regional Park District
FROM: Beth Matz – BFS Landscape Architects
RE: Laguna Grande Regional Park -Trail and Vegetation Maintenance Plan Permitting
Current Additional Cost Breakout

1. Preparation and Submittal of the Restoration Planting Plan by EMC Planning Group • At the request of the California Coastal Commission, EMC Planning Group has prepared and submitted a Restoration Planting Plan.
• The Restoration Planting Plan was not originally included in the scope and fee prepared by BFS and EMC Planning Group.
• Verbal authorization was provided by JPA staff in October 2024 for EMC to proceed with the preparation of the Restoration Planting Plan. BFS authorized EMC to proceed with the additional work, by amending their subconsultant contract
• The Restoration Planting Plan was submitted to JPA staff in late November 2024 and submitted with the following applications: California Coastal Commission, Regional Water Quality Control Board, California Department of Fish and Wildlife, U.S. Army Corp of Engineers
Subtotal Cost: $10,983.75
Status: To Be Invoiced by BFS to JPA Staff

2. Permit Application Fees
• California Coastal Commission
i. Permit Fees: Pending, Unknown at this Time
• Regional Water Quality Control Board:
i. Permit Fees: $1,123

1. Status: Paid by City of Seaside, to be reimbursed by JPA ii. Annual Fee (over 5-year period): $650/year

1. Status: Not Applicable
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B F S L A N D S C A P E A R C H I T E C T S J a n u a r y 0 7 , 2 0 2 5 | P a g e 2 o f 2 • California Department of Fish and Wildlife:
i. Permit Fee: $6,580.50

1. Status: Outstanding, to be Paid by JPA
• U.S. Army Corp of Engineers Permit Fees:
i. Permit Fees:$0.00
Subtotal Cost: $7,703.50
Status: Pending Payment by JPA Staff

3. Contingency
• 15%
i. $2,802
Total Cost Added to Project Budget: $21,489.00
–END–
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.O.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION AWARDING A CONTRACT FOR THE

POLICE DEPARTMENT FLOORING INSTALLATION TO BEREMAN
CARPETS, INC. FOR AN AMOUNT NOT TO EXCEED $57,000.00

RECOMMENDATION
Authorize the City Manager to execute a contractor services agreement with Bereman Carpets Inc. to install flooring in the Police Department.

BACKGROUND
Clean-up efforts in response to the December 8th, 2024 flooding of downstairs area of City Hall, the Police Department, continue including clean-up completed by staff, our on-call property clean up services contractor, and a specialized contractor for asbestos abatement in the flooring tiles and sheetrock. With the removal of the floor tiles and sheetrock for water removal and asbestos abatement, a contractor is required for new floor.

In accordance with the City Purchase Ordinance, the City requested three (3) informal quotes from local flooring contractors known to be qualified and responsible to provide flooring installation in the Police Department. The City received quotes from Bereman Carpets, Inc., Grand Avenue Flooring & Interiors, and Morrison's Custom Floors.

Bereman Carpet Inc. submitted the lowest quote to install flooring in the amount of $57,000.00 and the staff has determined that the proposed scope of work and budget are reasonable.

Bereman Carpets, Inc. was selected based on their experience and competitive pricing.

Engineering staff negotiated the contract with Bereman Carpets, Inc. for an amount not to exceed $57,000.00.

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Item No. 9.O. Page 2 of 2
Staff recommends the City Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a contractor services agreement (Attachment 2), with Bereman Carpets, Inc. for the amount not to exceed $57,000.00 to install new flooring in the Police Department.

ENVIRONMENTAL COMPLIANCE
The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

FISCAL IMPACT
There are sufficient funds in the Facilities Repair/Maintenance fund (Account No. 100- 8310-8137).

Available Budget Account Amount
100-8310-8137 $90,000.00
Estimated Expenditures Amount
Not to Exceed Contract
Contingency (10%)
$57,000.00
$ 5,700.00
Total $62,700.00
The Agreement for Contractor Services with Bereman Carpets, Inc. is for an amount not to exceed $57,000.00. It is appropriate to establish a contingency of approximately 10%, equal to $5,700.00, for a project of this type. The total required budget for the flooring installation is $62,700.00.

ATTACHMENTS

1. Resolution

2. Contractor Services Agreement
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 293
Meeting Date: 1/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING A CONTRACTOR SERVICES WITH BEREMAN CARPETS, INC.

FOR FLOORING INSTALLATION IN THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $57,000.00
WHEREAS, On December 8, 2024, a sewer mainline stoppage caused sewage flooding in the downstairs are of City Hall, affecting the Police Department; and WHEREAS, Asbestos testing of all flooring tiles and sheetrock was determined to be positive for asbestos; and
WHEREAS, A specialized company for hazardous material removal was contracted for the abatement; and
WHEREAS, new flooring is needed for the Police Department after the asbestos abatement and clean-up is complete; and
WHEREAS, Public Works staff requested quotes from three flooring companies on XXX and received a total of three quotes on XXX; and WHEREAS, Bereman Carpet Inc. submitted the lowest quote to install flooring in the amount of $57,000.00; and
WHEREAS, the Public Works staff has determined that the proposed scope of work and budget are reasonable; and
WHEREAS, an amount of $5,700.00 contingency, approximately 10% of the contract value, should be authorized on an as required basis; and WHEREAS, there is sufficient funds in the Facilities Repair/Maintenance fund (Account No. 100-8310-8137); and
WHEREAS, the project is categorically exempt per Section 15301 of CEQA because the project involves the repair and performance of Existing Facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute an Agreement for Contractor Services with Bereman Carpet Inc. for an amount not-to-exceed $57,000.00; and Packet Page 294
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BE IT FURTHER RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute up to an additional 10% contingency for written amendments, extensions, and change orders to the Construction Services Agreement such that the full value may not exceed $62,700.00.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of January 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

AGREEMENT FOR CONTRACTOR SERVICES

INSTALLATION OF FLOORING IN THE POLICE STATION
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of January 16, 2025, between the City of Seaside, a municipal corporation ("City") and Bereman Carpets, Inc. a Corporation, ("Contractor") whose current and valid Contractor’s License #644-235, as duly issued by the California Department of Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on January 16, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Exhibit A may include any Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards.
c) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

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d) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. f) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein.
g) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.

Contractor further agrees to comply with all laws with respect to employment when performing this Agreement.
h) Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this To insure performance, Contractor and any sub-contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the contract.
i) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Seaside in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Seaside will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

5. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the contents of the proposal submitted by the Contractor, Exhibit A hereto. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's proposals.

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6. CITY MANAGEMENT
Public Works Director/City Engineer shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager, shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

7. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed FIFTY SEVEN THOUSAND DOLLARS ($57,000.00) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) The City Manager's contract authority is limited to a total threshold of $24,999.00 which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. (c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

7. INSPECTION
City shall at all times have the right to inspect the work and materials. Contractor shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

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(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5(c).

10. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

11. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at City of Seaside City Hall; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained at the City of Seaside City Hall for a minimum period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary Packet Page 299

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computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

12. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub - contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

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13. WARRANTIES
Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

14. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

15. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. (c) Any and all employees or sub-contractors of Contractor under this Agreement, while engaged in the performance of any work or services required by Contractor under this Agreement, shall be considered employees or sub-contractors of Contractor only and not of city. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

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16. PREVAILING WAGE
The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/.

Changes, if any, to the general prevailing wage rates will be available at the same location.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). Records shall be made available to the City upon request for inspection or for copies thereof. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

17. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

18. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or Packet Page 302

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property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.) Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Contractor’s and/or such other person’s financial interests.

19. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

20. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work 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 Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-contractors 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 person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City.

City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor.

However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

21. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

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To City:
__City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk_____
To Contractor: __Bereman Carpets, Inc. __
___1070 Del Monte Avenue_____________
____Monterey, CA 93940-2424 __________

22. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

23. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

24. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City.

Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

25. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case, and such fee shall be included in the judgment together with all costs.

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26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

27. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

28. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and Contractor, and supersedes all prior negotiations, representations and agreements, either written or oral.
(b) Any modification or amendment to this Agreement must be in writing. (c) Neither City nor Contractor shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF SEASIDE CONTRACTOR
____________________________ ____________________________ Signature Signature
By: By:

Name, Title Name, Title
Date: Date:

Attachments: Exhibit A Scope of Work/Contractor Proposal Exhibit B Insurance Requirements
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Exhibit A

EXHIBIT A

SCOPE OF WORK/CONSULTANT PROPOSAL
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EXHIBIT A
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Exhibit B

EXHIBIT B

INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of AGENCY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [Optional depending on limits required] CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that Packet Page 309

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Exhibit B
will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to AGENCY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Builder’s risk insurance. Upon commencement of construction and with approval of AGENCY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the AGENCY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and AGENCY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as Packet Page 310

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their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to AGENCY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the AGENCY. The AGENCY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by AGENCY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AGENCY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

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Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The AGENCY, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR or AGENCY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, AGENCY may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the AGENCY’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

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CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency’s right to revise requirements. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims. CONTRACTOR shall give AGENCY prompt and timely notice of 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 liability policies.

Additional insurance. 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 Work.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Haroon Noori, Administrative Analyst II
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING FIRST SUBSTANTIAL AMENDMENT TO THE FY2024-2025 ANNUAL ACTION PLAN FOR

THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM

RECOMMENDATION
Hold a Public Hearing regarding the First Substantial Amendment to the FY2024-2025 Annual Action Plan and adopt a resolution to:

1. Approve the First Substantial Amendment to the FY 2024-2025 Annual Action Plan;

2. Authorize the City Manager to submit the First Substantial Amendment to the FY2024-2025 Annual Action Plan to U.S. Department of Housing and Urban Development (HUD); and

3. Designate the City Manager, or the City Manager’s designee, as the official representative to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the First Substantial Amendment to the FY 2024-2025 Annual Action Plan.

BACKGROUND
The City of Seaside (City) is a recipient of federal entitlement grant funding from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program. As a recipient of these funds, the City must adopt an Annual Action Plan (AAP) outlining the activities that will be undertaken during the program year to meet the goals stated in the City’s 5-year Consolidated Plan for the CDBG program.

The Citizen Participation Plan for Seaside’s CDBG Program requires the City to hold a 30-day public comment period and a public hearing when any of the following is under Packet Page 315

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consideration:
• Carrying out an activity not previously described in the AAP; • Canceling an activity previously described in the AAP; • Increasing or decreasing the amount to be expended on a particular activity from the amount stated in the AAP by more than 20 percent of the CDBG grant allocation for the program year; or
• Substantially changing the purpose, scope, location, or beneficiaries of an activity.

DISCUSSION:

On June 6, 2024, the City Council approved the Fiscal Year 2024-2025 CDBG Annual Action Plan. As part of this plan, the City Council approved $340,000 for the San Pablo Bridge demolition and reconstruction project in FY24/25. At the time of the City Council approval of the CDBG funding for this project, the Seaside Public Works department was still identifying other sources of funding to cover the cost of the entire project.

The City's current year allocation is $327,373. At the start of this year, the City had a balance of approximately $227,007 in its CDBG account (which includes unexpended program income and CDBG funds from prior program years). The City also anticipates receiving $105,000 in program income (i.e. land lease rent payment by Embassy Suites) around February 2025. Having received the allocation of funds for the current year plus the anticipated program income, the City's fund balance (equal to the starting balance plus the deposits mentioned above) is estimated to be approximately $659,000 in March 2025. This presents a problem, as on May 2, 2025, HUD will run a timeliness test on this balance to ensure it does onto exceed a balance of greater than 1.5 times the annual allocation. This means that any funds exceeding $491,059 (1.5 time the City's annual allocation) will be forfeited back to HUD. Further, the failure of the City to expend funds in a timely manner could impact future allocations. It is therefore imperative that at least $168,000 be spent prior to May 2, 2025.

Recently, the Seaside Public Works department advised the Seaside Community Development department, the City's CDBG program administrator, that other sources of funding for San Pablo Bridge demolition and reconstruction project may not be available until 2026. This prompted City CDBG staff to re-evaluate the San Pablo Bridge project.

City CDBG staff learned through research that the San Pablo Bridge demolition and reconstruction project no longer meets the Low- and Moderate-Income (LMI) National Objective requirements based on revised American Community Survey (ACS) LMI data.

As a result, the City must reallocate these funds to other eligible public facilities and infrastructure projects.

Staff has prioritized identifying projects which can be executed promptly, qualify for CDBG funding, and would have a positive impact on the community. Public Works staff have identified a significant number of planned improvements to promote accessibility Packet Page 316

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under the Americans with Disabilities Act (ADA) that would benefit from such funding.

More specifically, the proposed substantial amendment to the FY2024-25 AAP includes the following:
• Remove the San Pablo Bridge demolition and reconstruction project (funding amount: $340,000) from the AAP as it no longer meets the Low- and ModerateIncome (LMI) National Objective requirements based on revised American Community Survey (ACS) LMI data.
• Reallocate the $340,000 to a new Seaside Public Works curb ramp improvement project. The project will remove non-compliant curb returns and replace them with ADA compliant curb ramps per Caltrans A88A standard at selected intersections throughout the City.

Projects that address ADA needs are eligible regardless of LMI percentage. The Community Development Department concurs that ADA facility improvements are the most feasible projects given that many have already been identified, they can be executed quickly, they qualify for CDBG funding regardless of community income levels, and would benefit the community.

CITIZEN PARTICIPATION AND PUBLIC OUTREACH:

The draft substantial amendment was posted on the CDBG Program webpage on December 20, 2024 for public review. A Public Notice (in English and Spanish) regarding the proposed draft substantial amendment was also circulated in the Monterey County Weekly on December 19, 2024. The City allowed for a 30-day public comment period which began on Friday, December 20, 2024 and will end on Tuesday, January 21, 2025. Any public comments received during the 30-day public review period or at the public hearing will be incorporated into the substantial amendment and submitted to HUD.

ENVIRONMENTAL REVIEW:

For purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), budgeting is not a project. Prior to commitment or release of funds for each of the proposed projects, staff will carry out the required environmental reviews or assessments and certify that the review procedures under HUD, CEQA and NEPA regulations have been satisfied for each project.

FISCAL IMPACT
Approval of this item will have no fiscal impact on the General Fund. Approval of this item will result in the reallocation of $340,000 (previously approved CDBG funds for the San Pablo pedestrian bridge demolition and reconstruction project) to a new Public Works project which will comprise of ADA curb ramp improvements throughout the City.

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ATTACHMENTS

1. Resolution - Substantial Amendment FY2024-25 CDBG AAP

2. FY24-25 CDBG AAP Proposed Substantial Amendment

3. Public Notice - FY24-25 AAP Substantial Amendment No-1

4. Public Works CDBG Application for Cub-Ramp Improvements Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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Meeting Date: 1/16/25
Item #:

RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING SUBSTANTIAL AMENDMENT NO. 1 TO 2024-2025

ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROGRAM
WHEREAS, the City of Seaside (City) is a recipient of federal entitlement grant funding from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program; and
WHEREAS, as a recipient of CDBG funds, the City must adopt an Annual Action Plan (AAP) outlining the activities that will be undertaken during the program year to meet the goals stated in the City’s 5-year Consolidated Plan for the CDBG program; and
WHEREAS, on June 6, 2024, the City Council approved the Fiscal Year 2024-2025 CDBG Annual Action Plan. As part of this plan, the City Council approved $340,000 for the San Pablo bridge demolition and reconstruction project in FY24/25; and
WHEREAS, in December 2024, City staff reevaluated eligibility of the San Pablo bridge demolition and reconstruction project and determined that it no longer meets the Low- and Moderate-Income (LMI) National Objective requirements based on revised American Community Survey (ACS) LMI data; and
WHEREAS, CDBG staff, in consultation with Seaside Public Works team, identified the Americans with Disabilities Act (ADA) curb ramp improvement project as most feasible and which can be executed promptly and would have a positive impact on the community; and
WHEREAS, the Citizen Participation Plan for Seaside’s CDBG Program requires the City to implement a substantial amendment to the Annual Action Plan and hold a 30-day public comment period and a public hearing when canceling an activity previously described in the AAP and adding a new project; and
WHEREAS, on December 20, 2024, the City posted a draft substantial amendment No. 1 to the FY24/25 CDBG Annual Action Plan; and WHEREAS, the substantial amendment cancels the San Pablo bridge demolition and reconstruction project and reallocates $340,000 to a new Seaside Public Works curb ramp improvement project, which will remove Packet Page 319
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Item #:
non-compliant curb returns and replace them with ADA compliant curb ramps per Caltrans A88A standard at selected intersections throughout the City; and
WHEREAS, the City allowed for a 30-day public comment period from Friday, December 20, 2024 through Tuesday, January 21, 2025; and WHEREAS, on January 16, 2025, the City held a public hearing and approved the first Substantial Amendment to the FY24/25 CDBG Annual Action Plan.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Seaside that first Substantial Amendment to the FY24/25 CDBG Annual Action Plan, marked “Exhibit A” and made a part hereof, is hereby approved, and that the City Manager is hereby authorized to submit the First Substantial Amendment to the FY2024-2025 Annual Action Plan to U.S.

Department of Housing and Urban Development (HUD), and to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the First Substantial Amendment to the FY 2024-2025 Annual Action Plan.

APPROVED AND ADOPTED by the City Council of the City of Seaside at a regular meeting duly held on the 16
th day of January 2025 by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri Damon, City Attorney
Attachment:

Exhibit “A” – First Substantial Amendment to the FY24/25 Annual Action Plan Packet Page 320

CITY OF SEASIDE

FIRST SUBSTANTIAL AMENDMENT TO THE
2024-2025 ANNUAL ACTION PLAN

FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Public Comment Period: December 20, 2024 – January 21, 2025 Document Release Date: December 20, 2024
Prepared by:

Community Development Department
440 Harcourt Ave, Seaside, CA 93955
Packet Page 321

EXECUTIVE SUMMARY
The City of Seaside (City) is a recipient of federal entitlement grant funding from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program. As a recipient of these funds, the City must adopt an Annual Action Plan (AAP) outlining the activities that will be undertaken during the program year to meet the goals stated in the City’s 5-year Consolidated Plan for the CDBG program.

The Citizen Participation Plan for Seaside’s CDBG Program requires the City to hold a 30-day public comment period and a public hearing when any of the following is under consideration:
• Carrying out an activity not previously described in the AAP; • Canceling an activity previously described in the AAP; • Increasing or decreasing the amount to be expended on a particular activity from the amount stated in the AAP by more than 20 percent of the CDBG grant allocation for the program year; or
• Substantially changing the purpose, scope, location, or beneficiaries of an activity.

PROPOSED SUBSTANTIAL AMENDMENT TO THE FY2024-2025 ANNUAL ACTION PLAN:

On June 6, 2024, the City Council approved the Fiscal Year 2024-2025 CDBG Annual Action Plan. As part of this plan, the City Council approved $340,000 for the San Pablo bridge demolition and reconstruction project in FY24/25. At the time of the City Council approval of the CDBG funding for this project, the Seaside Public Works department was still identifying other sources of funding to cover the cost of the entire project.

Recently, the Seaside Public Works department advised the Seaside Community Development department, the City's CDBG program administrator, that other sources of funding for this project may not be available until 2026. This prompted City CDBG staff to re-evaluate the San Pablo bridge project. City CDBG staff learned through research that the San Pablo bridge demolition and reconstruction project no longer meets the Low- and Moderate-Income (LMI) National Objective requirements based on revised American Community Survey Packet Page 322
(ACS) LMI data. As a result, the City must reallocate these funds to other eligible public facilities and infrastructure projects.

Staff has prioritized identifying projects which can be executed promptly, qualify for CDBG funding, and would have a positive impact on the community. Public Works staff have identified a significant number of planned improvements to promote accessibility under the Americans with Disabilities Act (ADA) that would benefit from such funding. More specifically, the proposed substantial amendment to the FY2024-25 AAP includes the following:
• Cancel the San Pablo bridge demolition and reconstruction project (funding amount: $340,000) as it no longer meets the Low- and Moderate-Income (LMI) National Objective requirements based on revised American Community Survey (ACS) LMI data.
• Reallocate $340,000 to a new Seaside Public Works curb ramp improvement project. The project will remove non-compliant curb returns and replace them with ADA compliant curb ramps per Caltrans A88A standard at selected intersections throughout the City.

Projects that address ADA needs are eligible regardless of LMI percentage. The Community Development Department concurs that ADA facility improvements are the most feasible projects given that many have already been identified, they can be executed quickly, they qualify for CDBG funding regardless of community income levels, and would benefit the community.

CITIZEN PARTICIPATION
The Seaside City Council will hold a public hearing on the draft substantial amendment at the Seaside City Council Chamber on Thursday, January 16, 2025, at 5:00 p.m. The City Council meeting can also be watched online via the City’s YouTube channel at https://youtube.com/@CityofSeasideCalifornia or by joining the Zoom webinar. The Zoom webinar details will be included in the City Council meeting agenda which can be accessed at
https://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas.

A copy of the draft substantial amendment will be available for public review and comment from December 20, 2024 to January 21, 2025 at the Seaside City Hall, Seaside Public Library, Seaside Fire Station and the Oldemeyer Community Center or downloaded online at www.ci.seaside.ca.us/CDBG.

Packet Page 323

PUBLIC COMMENTS
Citizens and interested parties are invited to review the draft substantial amendment and submit comments by no later than 5pm on Tuesday, January 21, 2025. Comments may be provided by phone, regular mail, or email via the contact information listed below. The City also encourages the public to attend the City Council public hearing at 5:00 p.m. on Thursday, January 16, 2025.

Haroon Noori, Administrative Analyst II
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Phone: 831-899-6726
Fax: 831-899-6211
Email: [email protected]
Packet Page 324

CITY OF SEASIDE
NOTICE OF 30-DAY PUBLIC REVIEW AND PUBLIC HEARING
Substantial Amendment to the City of Seaside’s
2024-2025 Annual Action Plan
for the Community Development Block Grant (CDBG)
In accordance with the City of Seaside’s Citizen Participation Plan for the Community Development Block Grant (CDBG), the City of Seaside wishes to inform residents and all interested parties of the proposed amendment to the 2024-2025 Annual Action Plan. The City’s Citizen Participation Plan requires that whenever the City increases or decreases funding from one activity to another during a fiscal year, to an activity previously not listed in an annual action plan and/or an existing approved activity is cancelled, or changes to the adopted Consolidated Plan are made, a public comment period and public hearing must be held. A public hearing and 30-day comment period will be held to provide the public with an opportunity to review and comment on the proposed substantial amendment to the 2024-2025 Annual Action Plan as indicated below.
 Cancel the San Pablo bridge demolition and reconstruction project (funding amount: $340,000) as it no longer meets the Low- and Moderate-Income (LMI) National Objective requirements based on revised American Community Survey (ACS) LMI data.
 Reallocate $340,000 to a new Seaside Public Works curb ramp improvement project. The project will remove non-compliant curb returns and replace them with ADA compliant curb ramps per Caltrans A88A standard at selected intersections throughout the City.

NOTICE IS HEREBY GIVEN that a copy of the draft substantial amendment will be available for public review and comment from December 20, 2024 to January 21, 2025 at the Seaside City Hall, Seaside Public Library, Seaside Fire Station and the Oldemeyer Community Center or downloaded online at www.ci.seaside.ca.us/CDBG.

FURTHER NOTICE IS HEREBY GIVEN that the Seaside City Council will hold a public hearing on the draft substantial amendment at the Seaside City Council Chamber on Thursday, January 16, 2025, at 5:00 p.m. The City Council meeting can also be watched online via the City’s YouTube channel at https://youtube.com/@CityofSeasideCalifornia or by joining the Zoom webinar. The Zoom webinar details will be included in the City Council meeting agenda which can be accessed at https://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas.

PUBLIC COMMENT
Citizens and interested parties are invited to review the draft substantial amendment and submit comments by no later than 5pm on Tuesday, January 21, 2025. Comments may be provided by phone, regular mail, or email via the contact information listed below. The City also encourages the public to attend the City Council public hearing at 5:00 p.m. on Thursday, January 16, 2025.

Haroon Noori, Administrative Analyst II
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
Phone: 831-899-6726
Fax: 831-899-6211
Email: [email protected]
Packet Page 325

CIUDAD DE SEASIDE
AVISO DE REVISIÓN PÚBLICA DE 30 DÍAS Y AUDIENCIA PÚBLICA Enmienda Sustancial al Plan de Acción Anual 2024-2025 de la Ciudad de Seaside para la Subvención en Bloque para el Desarrollo Comunitario (CDBG) De acuerdo con el Plan de Participación Ciudadana de la Subvención en Bloque para el Desarrollo Comunitario (CDBG) de la Ciudad de Seaside y las regulaciones de CDBG, la Ciudad de Seaside desea informar a los residentes y a todas las partes interesadas sobre la enmienda propuesta al Plan de Acción Anual 2024-2025. El Plan de Participación Ciudadana de la Ciudad requiere que cada vez que la Ciudad aumente o disminuya el financiamiento de una actividad a otra durante un año fiscal, a una actividad que anteriormente no figuraba en un plan de acción anual y/o que una actividad aprobada existente sea cancelada o se hagan cambios al Plan Consolidado adoptado, se deberá realizar una audiencia pública y periodo de comentarios. Una audiencia pública y un período de comentarios de 30 días para brindar al público la oportunidad de examinar y comentar sobre la enmienda sustancial propuesta al Plan de Acción Anual 2024-2025 se llevará a cabo como se indica a continuación. • Cancelar el proyecto de demolición y reconstrucción del puente de San Pablo (monto de financiación: $340,000) ya que ya no cumple con los requisitos del Objetivo Nacional para Personas de Ingresos Bajos y Moderados (LMI, por sus siglas en inglés) según los datos revisados de LMI de la Encuesta sobre la Comunidad Estadounidense (ACS, por sus siglas en inglés). • Reasignar $340,000 a un nuevo proyecto de mejora de rampas de aceras de Seaside Public Works. El proyecto eliminará las rampas de aceras que no cumplan con las normas y las reemplazará con rampas de aceras que cumplan con la ADA según la norma A88A de Caltrans en intersecciones seleccionadas en toda la ciudad.

POR EL PRESENTE SE NOTIFICA que una copia del borrador de la enmienda sustancial estará disponible para revisión y comentarios públicos desde el 20 de diciembre de 2024 hasta el 21 de enero de 2025 en el Ayuntamiento de Seaside, la Biblioteca Pública de Seaside, la Estación de Bomberos de Seaside y el Centro Comunitario Oldemeyer o se podrá descargar en línea en www.ci.seaside.ca.us/CDBG.

POR LA PRESENTE SE DA UN AVISO ADICIONAL de que el Ayuntamiento de Seaside llevará a cabo una audiencia pública sobre el proyecto de enmienda sustancial en la Sala del Ayuntamiento de Seaside el jueves 16 de enero de 2025 a las 5:00 p. m. La reunión del Ayuntamiento también se puede ver en línea a través del canal de YouTube de la ciudad en https://youtube.com/@CityofSeasideCalifornia o uniéndose al seminario web de Zoom. Los detalles del seminario web de Zoom se incluirán en la agenda de la reunión del Ayuntamiento a la que se puede acceder en https://www.ci.seaside.ca.us/129/CityCouncil-Committee-Agendas.

COMENTARIO PÚBLICO
Se invita a los ciudadanos y a las partes interesadas a revisar el borrador de la enmienda sustancial y a enviar comentarios a más tardar a las 5:00 p. m. del martes 21 de enero de 2025. Los comentarios se pueden enviar por teléfono, correo postal o correo electrónico a través de la información de contacto que se indica a continuación. La Ciudad también alienta al público a asistir a la audiencia pública del Ayuntamiento a las 5:00 p. m. del jueves 16 de enero de 2025.

Haroon Noori, Analista Administrativo II
Ciudad de Seaside
440 Harcourt Avenue
Seaside, CA 93955
Teléfono: 831-899-6726
Fax: 831-899-6211
Correo electrónico: [email protected]
Packet Page 326
City of Seaside Application for Program Year 2024-2025
Part 1 - General Information
Legal Name of Organization
Submitting Proposal: City Seaside Engineering
Program/Project Name: ADA Curb Ramp Project
Person Completing Application: Kirstin van Gend Title: Administrative Analyst II Direct Telephone: 831-899-6838
Email Address: [email protected]
Authorized Official: (e.g. Exec. Dir.): Thomas Korman Title: Public Works Director/City Engineer
Direct Telephone: 831-899-6884
Email Address: [email protected]
Program/Project Contact: Leslie Llantero Title: Assistant Engineer Direct Telephone: 831-899-6832
Email Address: [email protected]
Authorized Contact: Thomas Korman Title: Public Works Director/City Engineer
Direct Telephone: 831-899-6884
Email Address: [email protected]
Finance Contact: Jessica Riley Title: Finance Director
Direct Telephone: 831-899-6716
Email Address: [email protected]
Organization Mailing Address: 440 Harcourt Ave City: Seaside Zip: 93955 Organization’s Website Address: www.ci.seaside.ca.us
Organization Telephone: 831-899-6700
Organization Fax: 831-899-178-8594
Tax ID Number: 94-6022439 9 digits, format xx-xxxxxxx
Organization DUNS Number: 09-261-8891 9 digits, format xx-xxx-xxxx Seaside Customer/Vender Number:

Type of Organization
(check all that apply): Public Agency CHDO CBDO Faith-Based What is your agency's fiscal year? July 1st- June 30th
Date of your organization's most recently completed audit. (Month/Year) March 2023 Was this audit conducted in compliance with the Single Audit Act? Yes Are there any outstanding audit findings which remain unresolved? No Are you a Legal Services provider? No
Select type of Funding Requested and Type of Activity, then click to Update Application We are applying for funding from: City of Seaside
Type of Funding Requested: CDBG
Type of Activity: Public Service Other
Type of Program:
. Our proposal is for a City of Seaside project.

Amount Requested
City of Seaside CDBG $340,000
Is your organization submitting an application for multiple projects? PART 2 - PROJECT ELIGIBILITY

1. Our proposal is for a City of Seaside project.

2. Select the type of assistance you provide. 03L - Sidewalks

3. Mark the box below that indicates the national objective met:

Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMC-Limited Clientele. 570.208(a)(2)
Removal of Architectural Barriers

4. Describe the population/target group your project will serve and how low and moderate-income persons will benefit.

The ADA Curb Ramp project serves many of the vulnerable populations in Seaside including persons with disabilities and the elderly by constructing accessible and safe pedestrian paths between sidewalks and streets.

5. How will people or conditions in the community change as a result of what you do? Constructing ADA Curb Ramps that are compliant with Caltrans ADA standards creates a safer pedestrian path for all in our community but it especially positively impacts those in our community with disabilities and the elderly by creating an accessible pathway between sidewalks allowing them to safely navigate their neighborhood and the larger community. Creating accessible pedestrian pathways promotes the enjoyment of the outdoors and outdoor activities, and in turn, increases participation in larger community gatherings.

Check if the proposed activity will:

Help prevent homelessness?
Packet Page 327
Help those with HIV or AIDS?
Help the homeless?
Help the disabled?

6. Outcome Performance Measurement

1. Please choose the most appropriate performance measurement objective Create Suitable Living Environments

2. Please choose the most appropriate performance measurement outcome.

Availability/Accessibility
PART 3 - SCOPE OF WORK

1. Short description of proposed project for which funding is requested.

A citywide ADA Curb Ramp replacement project to remove approximately 65 noncompliant curb returns and replace with them with ADA compliant curb ramps per Caltrans A88A standards.

2. For each type of activity you provide, show the number served and the type of activity.

Number Served Type of Activity
3671 Demo
3671 Construction

3. Please list proposed activities for funding in one sentence for each activity.

Description of Activity
Activity #1 Demolition of current noncompliant curb returns Activity #2 Construction of compliant curb ramps

4. Provide any additional relevant description of proposed activity or project.

5. Provide a timetable for accomplishing objectives. Upload Project Timetable or complete the table below.

Description of Activity/Milestone Est. Completion Date
Bid Period February 2025
Construction Work June 2025

6. If this is a new project, describe how you will reach out to the proposed beneficiaries? Upload your outreach plan. If not available at time of application, the plan will be required to be submitted if your project is funded prior to disbursement of HUD funds.

Outreach for this project will be construction notification for the effected residents around construction sites. Mailers are sent by the City at least two weeks prior to the start of construction to residents within 300 feet of the construction work. The City posts construction notices on the City Website, Social Media pages, and includes announcements during Council Meetings. Additionally, the contractors are required to notice effected residents prior to construction work via door hangers.

7. How will you measure the effectiveness or impact of your project in meeting the needs of the persons assisted with these HUD funds?
This project will increase the number of curb returns in the City that meet Caltrans standards.

8. How will the proposed activity or project directly respond to the Corona Virus Pandemic? For example, Agency C may have provided emergency food assistance for x-persons in calendar 2022.

Because of economic dislocation in 2023, demand for emergency food assistance increased to y-persons, a z-% change, in 2023.

N/A

9. Explain how the proposed activity or project will meet the corona virus objectives of: prevention, preparation for, and/or response.

For example, Agency B expanded their Senior food delivery program to deliver meals to seniors sheltering in place as a proactive measure to prevent exposure to the Coronavirus.

N/A

10. Eligible services are those that are new or a quantifiable increase in the level of service precipitated by COVID19. If the proposed activity or project relates to an existing program or activity prior to the Corona Virus Pandemic, explain the increase in the level of service or the new activities that meet coronavirus objectives.

N/A

11. Explain how your organization will avoid duplication of benefits? No duplication of benefits. The project replaces curb returns that are noncompliant with curb ramps that are ADA compliant as required by Caltrans A88A standards.

PART 4 FUNDING AVAILABILITY
The right to fund the proposed project is at the funders' discretion. Be advised that your project may be based on funding availability and be partially funded. Please explain how your organization would be able to adapt the proposed activity should your organization receive less than requested funding. Please also explain how the provision of CDBG funds will serve to increase the level of service above and beyond what would be possible without the use of CDBG funds.

The total number of curb returns that are replaced will be adjusted based on the funding available additional funding from the Sidewalk Improvement project may be used to supplement as needed.

PART 5 CONFORMENCE WITH CONSOLIDATED PLAN
Packet Page 328

1. Describe how the need for the activity or project was determined? Attach a needs assessment, market study, or other documentation demonstrating project need.

Staff assessed high pedestrian traffic areas in the city and selected curb returns that were completely missing ADA ramps or had disconnected ADA ramps. Prioritized were areas that are part of safe routes to school. Disability Access Consultants (DAC) provided the City with an updated ADA Transition Plan in 2016 which identified curb returns that needed to be updated to be ADA compliant.

2. Identify which of the following City of Seaside Consolidated Plan Priority Needs will be met. (Please refer to page 83 of the Consolidated Plan.)
Access to community services (youth and senior services are priority services) Provde quality infastructure (includes construct/upgrade public facilities) Improve accessibility for persons with disabilities
Promote beautification (CDAC preferred not to use the term "blight") Assist microbusinesses

3. Describe how you will meet the need identified above.

Replacing the noncompliant curb returns will create ADA-accessible routes for the community within their neighborhoods including to local parks and community organizations. Specifically, this project gives access to persons with disabilities and the elderly to accessible and safe pedestrian paths that are currently not accessible.

4. Which one of the following City of Seaside Consolidated Plan Goals will you meet? Improve accessibility for persons with disabilities

5. Describe how you will meet the goal identified above.

Replacing the noncompliant curb returns will create ADA-accessible routes for the community within their neighborhoods including to local parks and community organizations. Specifically, this project gives access to persons with disabilities and the elderly to accessible and safe pedestrian paths that are currently not accessible.

PART 6 RELATIONSHIP TO EXISTING PROGRAMS

1. Leveraging: Complete the table below, using one line for each funding source used in the program/project that you are applying for.

Indicate the source of the funds.

Indicate if the funds are restricted or may be used for any type of program/project cost.

In column (A), enter the amount (all or part) that is on-hand at the time of application.

In column (B), enter the amount (all or part) that has been committed (in writing) but not yet onhand.

In column (C), enter the amount (all or part) that has been pledged or awarded, but not yet formally awarded.

Column (C) may also include planned amounts to be contributed from your agency's annual operating budget including fund-raising revenue.

Your requested CDBG funds is copied from your entry in Part 1 You must provide supporting documentation in the attachments section for all on-hand and committed funding.

Source Restricted
Use?
Total
Amount
OnHand(A)
Amount
Committed
(B)
Amount
Pledged
(C)
On-Hand
Plus
Committed
% On-Hand
Plus
Committed
TOTAL $340,000 $0 $0 $340,000 $0 0%
Leveraging Ratio 100%

2. Describe how you will leverage the funds you are requesting. Specifically describe other funding sources, collaboration with other service providers, and in-kind services. Please note any restrictions on the use of other funds.

This project would be fully funded by CDBG and the number of curb returns replaced will depend on the amount of CDBG funding awarded. The City has a limited amount of funding for sidewalk improvements that may be used if needed.

3. Describe your existing or proposed collaborative efforts for addressing Program/Project need. Please include names of all partnerships and define the roles and responsibilities of these partners. If you have no collaborative partners, explain how you propose to coordinate your services with other community agencies in order to leverage resources.

City staff will collaborate with MST on the work being done around existing bus stop and with Monterey Peninsula Unified School District for work being done around the schools which will improve safe routes to schools.

Additional, staff will find ways to collaborate with community agencies supporting senior adults and persons with disabilities.

PART 7 ORGANIZATIONAL CAPACITY AND EXPERIENCE

1. Please outline your organization's purpose. Include how long the organization has been in operation, mission statement and current business plan, if applicable.

The City of Seaside was founded in 1887 and incorporated in 1954. The vision statement in 'Seaside is a vibrant, proudly diverse, energetic and safe community, with extraordinary natural beauty, quality of life and economic opportunities.'

2. List the locations of all facilities, and days and hours of operation.

City Hall, 440 Harcourt Ave. Seaside, CA 93955. Various other locations such as parks, corporation yard, recreation centers, various lands and properties, and utility and service facilities all dispersed throughout the City.

Facility hours vary based on the services provided to the public. Park facilities hours are dawn until dusk. Lighted sports field hours vary by permitted use.

3. Describe internal administrative controls to be used, including financial record-keeping procedures and Packet Page 329
management controls. Upload copy of financial policies.

NA

4. Describe how your agency will adhere to the procurement provisions under 24 CFR Part 85 or 84. Upload copy of your procurement policies. See http://portal.hud.gov/hudportal/HUD?src=/program_offices/cpo/grantee for more information.

The City has procurement policies in place and has resources to ensure it remains in compliance with 24 CFR Pat 84 or 85, as applicable.

5. Describe the record-keeping system to be used to maintain program data.

The City utilizes City data services and will be using consulting services for construction management and inspection services and labor compliance for the project.

6. Describe your agency's process for verifying beneficiary eligibility and attach copy of all intake forms.

NA

7. Describe the mechanisms to be used to fulfill responsibilities regarding federal cross-cutting regulations that may apply (e.g. non-discrimination, equal employment opportunities, and other local, state and other federal requirements). If applicable, provide copy of existing administrative and/or program policies.

The contract documents will have the requisite requirements provided in the contract specifications.

8. Describe how your agency evaluates the effectiveness of the activity to be funded. Please include a copy of any recent evaluations, internal or external, of the agency's programs. Attach copies of all intake forms and data collection tools that will be used to verify achievement of program goals and objectives. Specify the staff person (name/title) who will be responsible for monitoring progress.

The City will inspect the progress of the construction and will have an inspector onsite during the construction. The inspector will be on hand to perform all inspections and to ensure accessible features are construction and installed properly. Thomas Korman, Public Works Director/City Engineer, and Leslie Llantero, Assistant Engineer, are the staff members responsible for monitoring progress.

9. Describe the capacity of your organization to carry out the proposed activity, including the ability to quantify and measure results. You should include previous federal grants management, fiscal staff resources, skills and experience.

The City of Seaside's Engineering Division is the primary department for this application and will preform the ADA Curb Ramp Project project administration activities. City staff has the resources and support to ensure the project is completed efficiently. City staff has experience with grant-funded projects, including federal, state, and local grants, and has experience in executing a project of this type and size. The City will also contract with consultants with the required expertise as needed.

10. Please complete the table below, which should encompass your full projected Agency FY24-25 budget.

Program
Staff
(Personnel) Supplies Equipment Overhead CapitalImprovements Total City of Seaside Application $340,000 $340,000
TOTAL $0 $0 $0 $0 $340,000 $340,000
Total Budget less capital improvements $0
Application progam percent

11. Please list previous grants/awards received from City of Seaside Program Year Project
Amount
Funded
City of Seaside
FY 2022-2023 Cutino Park Improvement Project, Part 2, Phase 2 $250,000 FY 2021-2022 Cutino Park Improvement Project, Part 2, Phase 2 $250,000 FY 2020-2021 Ellis Park Improvements Project $112,487
FY 2019-2020 FY 21/22 Ellis Park $266,045
FY 2018-2019 Wanda Ave. Sidewalk Improvement/Cutino Park Bleacher & Drinking Fountain
$125,000

12. Describe your past experience with grants from the City of Seaside. If there were performance issues, please describe the steps you have taken to correct them
The most recent experience is for the Cutino Park Improvement Project, Part 2, Phase 2, funded partially by CDBG funds. The experience has gone well as the staff planned accordingly to hire consultants to assist with the HUD requirements. The project is scheduled to be complete in January 2024 and includes the addition of picnic benches thanks to additional funding from the Seaside Neighborhood Improvement Commission in November 2023.

Part 8 - For CDBG Funds

12. Our proposal is for a City of Seaside project.
1A. Please identify the types of facilities:

Streets and Sidewalks
If you selected Infrastructure or Other, please explain:
1B. Please identify the types of Improvements
ADA Improvements
If you selected Other, please explain:

2. Complete applicable items for all public facility and infrastructure projects (including acquisition, rehabilitation and demolition). a. Who is the legal owner of the property?
Packet Page 330
Owner Name: City of Seaside
Owner Address: 440 Harcourt Avenue
Phone Number: 831-899-6700
Email Address, if applicable:
b. If your organization is pursuing site control, please upload a Timeline that demonstrates when firm site control will be obtained and include all documents issued by your organization pursuing site control.

Indicate the final owner of the property.

Owner Name: City of Seaside
Owner Address: 440 Harcourt Avenue
Phone Number: 831-899-6700
Email Address, if applicable:
c. Indicate if there are structures on the property No
If Yes, will the structures be demolished?
If Yes, are the structures currently occupied?
d. If there are occupied structures on the property and the proposed project involves temporary or permanent relocation of residents or businesses a Relocation Plan is required. Has a Relocation Plan been prepared?
No
Comments or Explanations
There are no structures in this project.
e. Square footage of existing building, proposed building or building addition? NA f. Square footage of construction site parcel? NA
g. Service capacity of the existing facility? NA
h. Improved capacity of the existing facility after completion of proposed improvements? NA i. Has a Capital Needs Assessment been prepared? Yes
j. If a Capital Needs Assessment has not been prepared, please explain why:
j. Age of Structure? (Please cite data source used to determine age of structure.) NA k. Historic Status of Structure?
Listed in the National Register of Historic Places
If this box was selected, please provide accurate title of listed structure:

Listed as a California Historic Landmark
If this box was selected, please provide accurate title of listed structure: 0 Listed as a local Historic and Architectural Resource
If this box was selected, please provide accurate title of listed structure:

Other, please explain:

None of the above

3. Cost-per-Beneficiary for this project(CDBG Request/CDBG Beneficiaries)=$ CDBG Request CDBG Beneficiaries Total Cost-per-Beneficiary $340,000 3,671 $92.62

4. If proposed project involves construction work over $2,000 or rehabilitation of 8+ units (applies to rehab. of residential property if such property is designed for residential use for 8 or more families), explain how your organization will meet the Davis-Bacon Labor Standards in the space below. Provide names of prior developments subject to Davis-Bacon and upload supporting documents demonstrating how compliance will be achieved(e.g., construction contracts, existing agency administrative policies ).

The City of Seaside regularly performs projects with prevailing wage rates, and has experience with federally funded projects subject to Davis-Bacon rates. A consultant will be performing labor compliance during the construction of this project.
a. List name of person who will administer your Davis-Bacon compliance:

Name/Title: City Engineer
Phone Number: 831-899-6835
Email Address: [email protected]
Previous Experience with Davis-Bacon: yes
b. Provide prior related experience (e.g., list other developments, projects, trainings) City staff has attended Davis-Bacon Labor Standards webinars and training conducted by HUD. City of Seaside with the assistance of a consultant will be monitoring labor compliance for this project.

5. Has proposed project undergone any form of environmental review process? Please review HUD's Environmental Review information and the California Office of Historic Preservation website.

No
All HUD funded activities/projects will require an environmental review record.

6. Lead-Based Paint Compliance. Describe how your organization will address hazards that may be associated with the proposed project.

NA
Packet Page 331

7. Have preliminary design sketches been completed for the proposed project? If yes, please attach copies (must be to scale, preferably copied on 8 ½ x 11 sheet) in the attachments section.

Yes

8. As required by the Federal Office of Management and Budget (OMB) and HUD, describe how the overall project budget is cost effective and reasonable for the anticipated result.

As stewards of public funds, staff will work closely with design consultants to ensure that the needs of the community are met in the most cost-effective way possible. The City plans to use specific construction phasing to reduce the overall costs of the project.

For Housing and Facilities programs, enter below your requested Project funding below for the 2 year period including FY 2024 & FY 2025. Include in the Timeline and Milestones section of this application the time frame when you will be spending the requested funds. Projects should be "Shovel-Ready", and amounts funded must be used before the end of the period applied for.

Please complete the Development Budget, or an excel spreadsheet can be uploaded in lieu of completing Worksheet No. 3.

Use one of the "Other" boxes in the Attachment section to upload this worksheet.

NOTE: If you upload a spreadsheet, you must ALSO enter HUD Funds Requested in this table. Worksheet # - Development Budget (This worksheet should reflect HUD funds requested)
HUD Funds
Requested Federal State Other Private
General Development Costs
Construction Loan Interest
Real Estate Taxes During Construction
Builders Insurance Liability
Financing Fees
Legal Fees
Title & Recording Expenses
Organizationl Expenses
Rent-up & Marketing
Other - # of lines needed:

Total General Development Costs $0 $0 $0 $0 $0
Construction Costs
Structure
Project Amenities
Site Preparation
Off-Site Improvements
Other - # of lines needed: 2
Construction Management and Inspection $24,000
Construction Contractor $316,000
Total Construction Costs $340,000 $0 $0 $0 $0
Construction Fees
Impact Fees, Permits, School Fees
(attach schedule identifying costs by type
& amount)
Bond Premium
Architectural/Engineering
Developer Fees
Other - # of lines needed:

Total Construction Fees $0 $0 $0 $0 $0
Equity / Financing
Up Front Land Payment
Total General Development Costs $0 $0 $0 $0 $0
Total Construction Costs $340,000 $0 $0 $0 $0
Total Construction Fees $0 $0 $0 $0 $0
Developer Equity/Fee
Total To Be Financed
First Mortgage Amount
Total Equity/Financing Fees
TOTAL DEVELOPMENT COST $340,000 $0 $0 $0 $0
Total Project Financing $340,000
Attachment Link or Explanation for Missing Attachments
1 HUD Agency Certification - Download this document, complete it, and upload to this item.

Attach_1_-_Agency_Cert.pdf
2 Federal and State Tax Exemption Determination Letters/Non-Profit Certification (e.g., IRS 501C (3) Letter)
City of Seaside Project
3 Articles of Incorporation/Bylaws https://www.codepublishing.com/CA/Seaside 4 Certificate of Good Standing with the State (http://kepler.sos.ca.gov/) City of Seaside Project 5 Organizational Chart https://www.ci.seaside.ca.us/DocumentCenter/View/14091/Adopted-Budget-FY2023-24 6 List of Current Board Members [with titles, contact data (i.e., telephone, email, address) and current terms]
https://www.ci.seaside.ca.us/149/Mayor-City-Council
7 Resumes of Program Administrator and Fiscal Officer City of Seaside Project Packet Page 332
8 Evidence of Insurance/Fidelity Bonding/Worker's Compensation City of Seaside Project 9 Audited Annual Financial Statements covering 2 Years https://www.ci.seaside.ca.us/190/Financial-Statements 10 Signed Authorization to Request Funds (usually Executive Director or Board of Directors)
City of Seaside Project
11 Designation of Authorized Officials (usually Executive Director or Board of Directors)
City of Seaside Project
12 Conflict of Interest Policy City of Seaside Project
13 Project Team Experience and Qualifications City of Seaside Project 14 Project/Activity Timeline Timeline outlined in Section 2, item #5 15 Financial Policies City of Seaside Project
16 Procurement Policies https://www.codepublishing.com/CA/Seaside/#!/Seaside03/Seaside0304.html 17 Eligibility Intake Forms or Data Collection Tools (which should include Race and Ethnicity data fields as required by The Federal Office of Management and Budget (OMB)
City of Seaside Project
18 Project/Activity Support Letters None
19 Program Evaluations None
20 Outreach Materials Unable to attach, will email
21 Evidence of Project Support/Community Outreach (written endorsements, when available)
None
22 Limited English Proficiency (LEP) plan and/or equal access (Section 504) plan. See HUD FAQs on LEP and HUD information on Section 504 for sub-grantees City of Seaside Project
23 Employee Handbook City of Seaside Project
24 Record Retention Policies Unable to attach, will email 25 Federal Tax Form 990 City of Seaside Project
26 State Tax Form 199 City of Seaside Project
27 Rental/Lease Agreement (if applicable) Not applicable 28 Cost Alocation Plan Unable to attach, will email
29 Other
30 Other
31 Other xyz
Program Manager Signature Kirstin van Gend
Date Signed 12/19/2024
Approved By: Haroon Noori
Date Signed 01/08/2025
Initially submitted: Dec 19, 2024 - 10:55:37
Packet Page 333

CITY OF SEASIDE

STAFF REPORT
Item No.: 11.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Melissa Failauga, Human Resources Specialist
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PAYMENT TO MCSIG (MUNICIPALITIES COLLEGES SCHOOLS INSURANCE GROUP)
FOR THE AMOUNT OF $307,312.10 AND AUTHORIZE THE

FINANCE DIRECTOR TO APPROPRIATE FUNDS WITHIN THE
24-25 ANNUAL BUDGET

RECOMMENDATION
Adopt a resolution authorizing a payment of $307,312.10 to MCSIG and make the necessary adjustments to the 24-25 Adopted Budget.

BACKGROUND
The City of Seaside has been a member of the joint powers agreement (JPA) with the Municipalities Colleges Schools Insurance Group, formerly referred to as the Monterey County Schools Insurance Group, since 2015, and utilizes the insurance group for selfinsured medical insurance provisions for all qualifying employees, including retired employees. The City is currently one of twenty-eight (28) Member Agencies compiled of local municipalities, school districts, charter schools and colleges. Each Member Agency is an active participant in the JPA and subject to its terms, agreements and bylaws.

On December 11, 2024, the Municipalities Colleges Schools Insurance Group (MCSIG) called for a Special Full Board meeting, to notify its members of a monumental deficit totaling around $11.6M that occurred due to a combination of unprecedented October claims. In order to remediate its deficit and bring in immediate funds, each Member Agency will to contribute in a pro-rata assessment payment.

As a MCSIG Member Agency, the City has been assessed to pay a one-time pro-rata share of $307,312.10. In accordance with the JPA bylaws, all participating Member Packet Page 334

Item No. 11.A. Page 2 of 2
Agencies are required to comply with the payment demand and are responsible for submitting their payment postmarked or via ACH, by January 17, 2025.

FISCAL IMPACT
$307,312.10 to be paid from account 502-5120-0096.

ATTACHMENTS

1. Resolution

2. MCISG Member Assessment Invoice

3. MCSIG Pro-Rata Share Assessment by Member Agency

4. MCSIG Member Agency Assessment Q&A

5. City of Seaside MCSIG JPA Agreement
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 335
Meeting Date: 1/16/25
Item #: 10.B.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING A RESOLUTION AUTHORIZING PAYMENT TO MCSIG
(MUNICIPALITIES COLLEGES SCHOOLS INSURANCE GROUP) FOR THE AMOUNT OF $307,312.10 AND AUTHORIZE THE FINANCE DIRECTOR TO APPROPRIATE FUNDS WITHIN THE 24-25 ANNUAL BUDGET.

WHEREAS, the City of Seaside is a member of the joint powers agreement with the Municipalities Colleges Schools Insurance Group (MCSIG) and is subject to its terms, agreements and bylaws; and
WHEREAS, on December 11, 2024, the City along with all other JPA Member Agencies were notified by MCSIG of an unprecedented and unforeseen fund deficit totaling over $12M due to remarkably high claims and medical services provided; and WHEREAS, the MCSIG Board of Directors conducted a pro-rata share assessment among all twenty-eight participating Member Agencies as their best solution to immediately correct this deficit and bring funds back to their pool; and WHEREAS, the City has been provided with the results of the Member Agency Assessment which requires the City to contribute a one-time payment $307,312.10; and WHEREAS, in accordance with the JPA bylaws, the City is required to comply with the payment demand and is responsible for submitting the pro-rata payment by January 17, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the mandatory one-time payment of $307,312.10 to MCSIG as specified in the Member Agency Pro-Rata Share Assessment from account 502-5120-0096.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
Packet Page 336
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 337
Packet Page 338
Packet Page 339
Packet Page 340
Packet Page 341
38126.00001\32900137.1

MUNICIPALITIES COLLEGES SCHOOLS

INSURANCE GROUP

JOINT POWERS AGREEMENT
Established: 11/22/1982
Revised: 9/3/1991
Revised: 10/16/1995
Revised 1/15/1997
Revised: 3/13/1999
Revised: 5/24/2000
Revised: 11/19/2004
Revised: 10/25/2005
Revised: 6/19/2012
Revised: 6/16/2020 Ratified 9/14/2021
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38126.00001\32900137.1

TABLE OF CONTENTS

SECTION PAGE
FORMATION OF ENTITY ............................................................................................................. 1 Recitals ..................................................................................................................................... 1 Definitions ................................................................................................................................ 2

1.0 Formation of the Entity ............................................................................................................ 3

2.0 Parties to Agreement ................................................................................................................ 3

3.0 Purpose of the Joint Powers Authority .................................................................................... 3

4.0 Powers of the Joint Powers Authority ..................................................................................... 5

5.0 Term of Agreement .................................................................................................................. 5

6.0 Member Agency Responsibilities ............................................................................................ 5 ORGANIZATION ............................................................................................................................ 6

7.0 Membership ............................................................................................................................. 6

8.0 Board of Directors.................................................................................................................... 7

9.0 Bylaws and Administrative Policy and Procedures ............................................................... 10 OPERATIONS ................................................................................................................................ 10

10.0 Financial ................................................................................................................................. 10 DISSOLUTION OF AGENCY AND DISPOSITION OF PROPERTY AND FUNDS ................ 12

11.0 Dissolution of JPA and Disposition of Property and Funds .................................................. 12 AMENDMENTS ............................................................................................................................ 13

12.0 Amendments .......................................................................................................................... 13 CONSTRUCTION & SEVERABILITY ........................................................................................ 13

13.0 Construction & Severability .................................................................................................. 13 HOLD HARMLESS & INDEMNIFICATION .............................................................................. 13

14.0 Hold Harmless & Indemnification ......................................................................................... 13 GENERAL PROVISIONS ............................................................................................................. 15

15.0 Complete Agreement ............................................................................................................. 15

16.0 Execution of Counterparts ..................................................................................................... 15

17.0 Enforcement ........................................................................................................................... 15

18.0 Dispute Resolution ................................................................................................................. 15

19.0 Applicable Law and Forum ................................................................................................... 16

20.0 Acceptance of Service of Process .......................................................................................... 17

21.0 Waivers & Modifications ....................................................................................................... 17

22.0 Conflict of Interest ................................................................................................................. 17

23.0 Books & Records ................................................................................................................... 17

24.0 Principal Office ...................................................................................................................... 17

25.0 Successors & Assignment ...................................................................................................... 18

26.0 Notices ................................................................................................................................... 18

27.0 Filing with Secretary of State ................................................................................................ 18 Packet Page 343
38126.00001\32900137.1
1 JPA AGREEMENT

REVISED JOINT POWERS AGREEMENT TO ESTABLISH,

OPERATE, AND MAINTAIN A SELF-FUNDED PROGRAM

FOR HEALTH AND WELFARE BENEFITS
THIS REVISED AGREEMENT is entered into pursuant to the provisions of the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5, Article 1 (commencing with section 6500) of the California Government Code between the public education agencies signatory hereto.

WITNESSETH:

WHEREAS, it is the mutual benefit of the parties hereto and in the best public interest that said parties join together to establish a fund to self-insure the participating public agencies for health and welfare benefits and to pay for the administration of said fund and the costs related thereto; and
WHEREAS, Sections 1274, 17566-17567 and 81602-81603 of the California Education Code authorize the county superintendent of schools and the governing boards of school districts and of community college districts to establish a fund or funds individually or jointly to self-insure for a program of health and welfare benefits; and WHEREAS, Section 53205.3 of the California Government Code authorizes school districts and community college districts to join with other school districts or community college districts, or any combination of those districts, in providing for the payment of health and welfare benefits by entering into a pooling arrangement under a joint exercise of powers agreement or on a self-insured or self-funded basis or partly by means of self-insurance or self-funding and partly by means of insurance or service agreements
WHEREAS, Section 6500 et seq. of the California Government Code authorizes local public agencies, by agreement, to exercise jointly powers common to the contracting parties; and
WHEREAS, the original joint powers Agreement to establish, operate and maintain a selfinsurance program was in effect from November 22, 1982 until September 3, 1991, whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until October 16, 1995; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until January 15, 1997; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said Packet Page 344
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2 fund and the costs related thereto which was in effect until March 13, 1999; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until May 24, 2000; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until November 19, 2004; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until October 25, 2005; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until June 19, 2012; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto, and WHEREAS, the public agencies signatory hereto desire to further revise the existing joint powers Agreement as previously revised; and
WHEREAS, this revised joint powers Agreement supersedes the original Agreement, as revised and amended.

NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants, and conditions herein contained, the parties hereby agree as follows:

DEFINITIONS
Unless the context otherwise requires, the following terms shall be defined as stated herein:
“Agreement” shall mean this JPA Agreement.
“Board” and “Board of Directors” shall mean the governing body of the JPA. “Contributions” shall mean the estimated amount determined by the Board for each Member necessary to fund the JPA for the coming Fiscal Year.
“Coverage Groups” shall mean groups of employees as defined by each Member. “Excess Insurance” shall mean that insurance purchased by the JPA to cover Member’s losses in excess of the coverage limits retained by the JPA.
“Fiscal Year” shall mean a period of time as defined in Article 10, Packet Page 345
38126.00001\32900137.1
3 “Government Code” shall mean the California Government Code “JPA” or “Authority” shall mean Joint Powers Authority. “MCSIG” shall mean the Municipalities Colleges Schools Insurance Group created by this Agreement.
“Member” and “Membership” and “Member Agency(ies)” shall mean any and each of the public entities which are signatory to this Agreement.
“Participant” shall mean employees of Members or former employees (COBRA and retirees) of Members enrolled in the medical, dental and/or vision programs provided by the JPA. “Qualifying Economic Interest” shall be as defined by the Conflict of Interest Guide authored by the California Office of the Attorney General.

ARTICLE 1

FORMATION OF ENTITY

1.0 CREATION OF THE JOINT POWERS ENTITY

1.1 Pursuant to Sections 6500, et seq., of the Government Code, a joint powers entity, separate and apart from the public agencies signatory hereto, shall be and is hereby created to be known as the Municipalities Colleges Schools Insurance Group (hereinafter referred to as the "JPA").

1.2 The recitals set forth above are hereby incorporated by reference and made a part of this Agreement.

ARTICLE 2

PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to, and does, contract with all other parties who are signatories of this Agreement, and, in addition, with such other parties as may later be added as parties to, and signatories of, this Agreement pursuant to Article 7. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article 7 shall not terminate this Agreement nor affect the remaining parties’ intent to contract as described above with the other parties to the Agreement then remaining.

ARTICLE 3

PURPOSE OF THE JPA

3.0 PURPOSE OF THE JPA

3.1 The JPA is established for the purposes of:

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4 3.1.1 Administering this revised Agreement, pursuant to the joint exercise of powers provisions of the Government Code;

3.1.2 Providing the services and other items necessary and appropriate for the establishment, operation and maintenance of pooled fully-insured and self-funded programs for health and welfare benefits for the public agencies who are signatory hereto including joint purchase of Excess Insurance and administrative and other services including, but not limited to, claims adjusting, data processing, health and wellness programs, COBRA administration and legal services in connection with any of the pooled coverage programs for said agencies;

3.1.3 Sharing the risk of self-funded losses;

3.1.4 Providing a forum for discussion, study, development and implementation of recommendations of mutual interest regarding other programs of self-funded coverage;

3.1.5 Providing, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities organized and existing under the Constitution or laws of the State of California as may desire to become parties to this Agreement and members of the JPA, subject to the terms of Article 7; and

3.1.6 Providing for the removal of Member Agencies for cause or upon request.

3.2 The functions of the JPA are:

3.2.1 To provide pooled fully-insured and self-funded plans and systems, as stated in the plan document given to each member, for health and welfare benefits for the Members of the JPA and, as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal representation, cost containment and other developments as necessary for the payment and handling of all covered health and welfare claims against Members.

Said payment and handling for any Member shall be for health and welfare claims filed and arising out of facts occurring during the period of membership in the JPA. The JPA shall not pay or handle for a Member any health and welfare claims which arise out of services occurring before membership or after termination of membership in this JPA;

3.2.2 To enter into contracts;

3.2.3 To obtain Excess coverage Insurance in the form and amount to be determined by the Executive Committee;

3.2.4 To acquire, hold, and dispose of property, real and personal, all for the purpose of providing the Membership with the necessary education, study, development, and Packet Page 347
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5 implementation of a self-funded program for health and welfare benefits, but not limited to, the acquisition of facilities and equipment necessary, the employment of personnel, and the operation and maintenance of a system for the handling of the self-funded plan;

3.2.5 To incur debts, liabilities, and obligations necessary to accomplish the purposes of this Agreement;

3.2.6 To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, associations, and any governmental entity;

3.2.7 To invest surplus reserve funds as deemed appropriate by the Executive Committee;

3.2.8 To sue and be sued in the name of the JPA; and

3.2.9 To perform such other functions as may be necessary or appropriate to carry out provision of law.

These purposes shall be accomplished through the exercise of the powers of the Member Agencies jointly in the creation and operation of the JPA as described in Article 4.

ARTICLE 4

POWERS OF THE JPA
The JPA shall have the power and authority to exercise any power common to the public agencies or public educational agencies which are parties to this Agreement, provided that the same are in furtherance of the functions and objectives set forth herein. Pursuant to Section 6509 of the California Government Code, the exercise of the aforesaid powers of the JPA shall be subject to the restrictions upon the manner of exercising such powers by a public agency or a public educational agency having the same status as a general law public entity or general law public school district of California, except as otherwise provided in this revised Agreement.

ARTICLE 5

TERM OF AGREEMENT
This revised Agreement shall be effective upon the execution hereof by the parties or by their duly authorized representatives and shall supersede and replace any JPA agreements between the parties related to the JPA. This Agreement shall continue in effect until lawfully terminated as provided herein.

Packet Page 348
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6 ARTICLE 6

MEMBER AGENCY RESPONSIBILITIES

6.0 MEMBER AGENCY RESPONSIBILITIES
Member agencies shall have the following responsibilities:

6.1 To appoint a representative(s) to serve on the Board of Directors as provided in Article 8;

6.2 To cooperate fully with the JPA, in all matters related to its purpose as described in Article 3 (eligibility, enrollment, designation of benefit representatives, Participant communication etc);

6.3 To pay Contributions and any adjustments or assessments thereto promptly in the manner determined by the JPA when due;

6.4 To provide the JPA with information as allowed by law and as may be necessary for the JPA to carry out the purposes of this Agreement; and

6.5 To cooperate fully with and assist the JPA and any insurer, claims adjuster, financial auditor, or legal counsel retained by the JPA, in all matters relating to this Agreement and to comply with the Bylaws and all policies and procedures adopted by the Board.

ARTICLE 7

MEMBERSHIP

7.0 MEMBERSHIP

7.1 Membership in the JPA shall consist of public educational agencies and other public entities which have the powers set forth herein and which agree to comply with the terms of this revised Agreement. Each party which becomes a member of the JPA shall be entitled to all rights and privileges of, and shall be subject to the obligations of, membership as provided herein.

7.2 Parties originally forming the JPA and agreeing to comply with the terms of this revised Agreement shall become members of the JPA upon the effective date of this revised Agreement.

7.3 For all other public educational agencies or public entities which desire to become members of the JPA after the effective date of this Agreement, such membership is contingent upon such conditions as the Board of Directors may establish. Membership shall become effective upon the date established by the Board. Prospective members may apply for participation in the JPA as provided for in the Bylaws.

7.4 An agency or entity which has previously been a Member of the JPA may apply for reinstatement in accordance with subsection 7.3 provided that:

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38126.00001\32900137.1
7 7.4.1 If the agency or entity has previously withdrawn from the JPA in accordance with subsection 7.5 of this revised Agreement, a period of no less than thirty-six months must have elapsed since the effective date of withdrawal, and the agency or entity may be required to repay all asset disbursements made to it at the time of withdrawal plus any fees, costs, or expenses which may be required by the Board.

7.4.2 If the agency or entity has previously been involuntarily terminated from membership in accordance with Article 11.1 of the Bylaws, all asset disbursements made to the agency or entity at the time of withdrawal may be required to be repaid and written assurances satisfactory to the Board must be provided that the circumstances which caused the involuntary termination will not reoccur.

7.5 Any Member having completed three (3) consecutive years as a Member of the JPA may voluntarily withdraw from its status as a Member and a party to the joint powers Agreement at the end of any Fiscal Year by notifying the Executive Committee of the JPA in writing prior to June 30th of the Calendar Year of withdrawal. Any Member Agency which has notified the Executive Committee of withdrawal as provided herein may, with the consent of the Executive Committee, rescind such withdrawal by giving written notice to the Executive Committee no later than November 1st of the Calendar Year of withdrawal. Unless rescinded as provided herein, such withdrawal shall be effective at the end of the Calendar Year. Members withdrawing voluntarily are subject to the conditions for withdrawal set forth in the Bylaws.

7.6 The voluntary withdrawal or expulsion of any Member Agency shall not terminate its responsibility to cooperate fully with the JPA in determining and processing eligibility and enrollment; pay any Contributions and/or assessments determined by the Board to be due and payable for each program year in which it participated; provide the JPA with information necessary for the JPA to carry out the purposes of this Agreement; and cooperate with and assist the JPA, any insurer, financial auditor, claims adjuster or legal counsel retained by the JPA in all matters relating to this Agreement.

7.7 All Members hereby agree to be bound by the terms of this Agreement, the Bylaws and all policies and procedures currently in effect and as may be hereinafter revised or adopted.

7.8 Each of the Members hereby agrees to consider the implementation in its agency of the health management and cost containment guidelines developed by the Board of Directors.

ARTICLE 8

BOARD OF DIRECTORS

8.0 BOARD OF DIRECTORS
A Board of Directors is hereby established to direct and control the JPA.

8.1 Composition of the Board of Directors
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8 8.1.1 Each Member of the JPA which has less than 500 active covered employees under the JPA's health and welfare plans shall be entitled to appoint to the Board of Directors one management representative and one alternate who shall be designated in writing. Said representative and said alternate must be employees or officers of the Member, shall have the authority to bind the Member on all matters pertaining to this Agreement, and shall serve at the pleasure of the Member by whom appointed. Only the designated representative or designated alternate may represent a Member, and each shall be invited to attend all meetings of the Board of Directors. The designated representative and designated alternate may invite members of their agencies' staffs or consultants to attend meetings of the Board of Directors in an advisory capacity only.

8.1.2 Each Member of the JPA which has 500 or more active covered employees under the JPA's health and welfare plans shall be entitled to appoint to the Board of Directors two management representatives and one alternate who shall be designated in writing. Said representatives and said alternate must be employees or officers of the Member, shall have the authority to bind the Member on all matters pertaining to this Agreement, and shall serve at the pleasure of the Member by whom appointed. Only the representatives or designated alternate may represent the Member, and each shall be invited to attend all meetings of the Board of Directors. The designated representatives and designated alternate may invite members of their agencies' staffs or consultants to attend meetings of the Board of Directors in an advisory capacity only.

8.1.3 In addition to the representative and alternates identified in 8.1.1 and 8.1.2 above, recognized employee bargaining organizations of Member Agencies are entitled to appoint a number of at-large representatives to the Board of Directors equal to 33%, or the nearest whole number in the event of a fraction (.5% and over rounds up), of the number of board representatives (not including alternates) appointed pursuant to

8.1.1 and 8.1.2 above. The employee bargaining organization representatives must be active covered employees of a JPA Member. Each bargaining organization shall be entitled to a number of representatives which is in direct proportion to the number of active covered employees it represents as of January 1 of the current even numbered year. All fractions will be rounded down to the nearest even number. Such appointment must be in writing and the representative may serve at the pleasure of the appointing organization until replaced, or the number of representative entitlement reduces, or if the representative violates any provisions of the JPA Agreement.

8.1.3.1 An employee bargaining organization is defined as a local, state or nationally recognized labor association which has exclusive bargaining rights for an identified group of employees at a Member Agency.

8.1.4 In addition to the representatives and alternates identified in 8.1.1, 8.1.2 and 8.1.3 above, covered retiree Participants are entitled to elect an at-large representative to Packet Page 351
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9 the Board of Directors. Elections for the retiree representative shall be by mail ballot every two years from a list of self-nominated covered retiree Participants. In the event of a vacancy, the Board of Directors President shall appoint a retiree representative for the balance of the two-year term.

8.1.4.1 A covered retiree Participant is a MCSIG member who has continued their MCSIG coverage since retiring from the Member Agency.

8.1.4.2 The at-large retiree representative shall be neither a Member representative nor an employee bargaining organization representative, eligible for election to the Executive Committee pursuant to the Bylaws.

8.2 Each designated representative shall have one vote, which may be cast only by the designated representative or, in his/her absence by the designated alternate. No proxy or absentee votes shall be permitted.

8.3 No business may be transacted by the Board without a quorum of its members being present. A quorum shall consist of not less than a majority of the designated representatives of the JPA. Except as otherwise provided, a vote of the majority of those designated representatives and designated alternates entitled to vote who are present at a meeting of the Board of Directors shall be sufficient to constitute action provided that a quorum is present. In the event of a tie vote, the motion or action fails.

8.4 The powers of the Board shall be all of the powers of the JPA not specifically reserved to the Member Agencies by this Agreement and shall include, but not be limited to, the powers enumerated in Articles 3.0, 4 and 10 of this Agreement and the following:
 Approval of coverage programs and plan design;
 Approval of Contribution rates and the method of which Contributions will be paid to the JPA;
 Approval of additional assessments during the year if necessary or appropriate, to allow for increased costs and expenses as they may occur;  Development, implementation and revision of the JPA Bylaws;  Creation and dissolution of advisory, working and ad-hoc committees; and  Creation and dissolution of an Executive Committee as provided in the JPA Bylaws and delegation of any of its powers to the Executive Committee

8.5 No one serving on the Board of Directors shall receive any salary or compensation from the JPA for service on the Board of Directors.

8.6 The Board of Directors may conduct regular, adjourned regular, special, and adjourned special meetings, provided, however, that it will hold at least four regular Board of Directors meetings each Fiscal Year. The date, time, and place for each such regular meeting shall be fixed by action of the Executive Committee. Advance notice will be filed with each Member of the JPA for all Board of Directors Meetings. Additional special meetings may be called by the President or Executive Director or upon the petition Packet Page 352
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10 of not less than five members of the Board. Such petition is to be addressed to the President of the Board

8.7 All meetings of the Board of Directors shall be called, held, and conducted in accordance with the terms and provisions of the Ralph M. Brown Act (sections 54950, et seq., of the California Government Code), as said Act may be modified by subsequent legislation, and as the same may be augmented by rules of the Board of Directors not inconsistent therewith. The Board shall conduct its business in accordance with Roberts Rules of Order.

8.8 Except as otherwise provided or permitted by law, all meetings of the Board of Directors shall cause minutes of its meetings to be kept, and shall promptly transmit to the Members of the JPA true and correct copies of the minutes of such meetings.

8.9 The Board of Directors of the JPA shall develop suggested guidelines for health management and cost containment practices.

ARTICLE 9

BYLAWS AND ADMINISTRATIVE POLICY AND PROCEDURES
The Board shall, through resolution, adopt, rescind or amend Bylaws and shall adopt Administrative Policies and Procedures consistent with applicable law and this Agreement to govern the day to day operation of the JPA. Each Board Member shall receive a copy of the Bylaws and administrative policies and procedures developed under this Article. Amendment of the Bylaws requires a resolution approved by two-thirds of the members of the Board of Directors.

ARTICLE 10

FINANCIAL

10. FINANCIAL
The Board of Directors shall insure that a complete and accurate system of accounting of the JPA shall be maintained at all times consistent with established auditing standards and accounting procedures.

10.1 The JPA shall operate on a Fiscal Year from July 1st to June 30th.

10.2 The Board of Directors shall annually, on or before June 30th, adopt a budget showing each of the purposes for which the JPA will need money and the estimated amount of money that will be needed for each such purpose for the ensuing Fiscal Year. A copy of the budget shall be transmitted to each of the participating members.

10.3 Each Member of the JPA who is a public educational agency in Monterey County hereby agrees to authorize the Monterey County Superintendent of Schools to transfer from its general fund any required Contributions and assessments as calculated and specified in the Bylaws. Other agencies shall be billed on an itemized invoice for required Contributions.

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11 10.4 Annual assessments, as approved by the Board of Directors for each Member of the JPA, shall be determined in accordance with procedures established by the Board of Directors and filed with each Member.

10.5 If the total obligations against all the Members of the JPA exceed in any year the total amount of operating and reserve funds established by the Board of Directors, the Members may be assessed a pro rata share of the additional Contributions as determined by the Board of Directors.

10.6 At least once annually all expenditures of funds of the JPA shall be reviewed and ratified by the Board of Directors.

10.7 A general fund shall be established and maintained to receive monies of the JPA. The JPA shall accept and deposit in the JPA general fund all monies received by it including monies from any of the following sources:

10.7.1 Members Contributions, including assessments and any other charges.

10.7.2 Interest and other investment income.

10.7.3 Refund of insurance premiums and excess loss claims.

10.7.4 Subrogation recoveries.

10.7.5 Grants from any public agency or private company.

10.8 The general fund shall expend monies for the purpose of the operation of the JPA and the health and benefit program. Such expenses shall be necessary and appropriate as determined by local or state regulations.

10.9 Imprest accounts shall be established and maintained out of monies received by and deposited in the general fund. Monies shall be transferred from the general fund to the imprest account solely for the purposes of paying claims of the members. This account shall be established at a national, state, or local bank whose deposits are insured in the Federal Deposit Insurance Corporation.

10.10 The Treasurer of Monterey County is the designated depository of the JPA.

10.11 The JPA is strictly accountable for all funds received and dispersed by it and, to that end, the JPA shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provisions of applicable law or any resolution of the JPA. Books and records of the JPA in the hands of the Treasurer of the JPA shall be open to inspection at all reasonable times by representatives of the Members. The JPA, as soon as practical after the close of each Fiscal Year, shall give, or cause to be given, a complete written report of all financial activities for such Fiscal Year to each member of Packet Page 354
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12 the Board of Directors and to the chief administrative officer of each Member of the JPA.

10.12 The Executive Committee shall make, or contract with a certified public accountant to make, an annual audit of the accounts, records, and financial affairs of the JPA. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for Special Districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards and accounting principles.

When such an audit of accounts and reports is made by a certified public accountant, a report thereof shall be filed as a public record with each of the Members of the JPA, and also with the Auditor-Controller of Monterey County. Such reports shall be filed within twelve (12) months of the end of the Fiscal Year under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants in making the audit(s) provided for herein, shall be appropriate administrative charges against the funds of the JPA.

10.13 The Monterey County Superintendent of Schools shall draw warrants to pay demands against the JPA when such demands have been duly approved by the Executive Director and Treasurer of the JPA.

10.14 No part of the revenues or assets of the JPA shall inure to the benefit of, or be distributed to its Members, officers, employees, Participants or other persons except as provided in Article 11. Upon two-thirds vote of the entire MCSIG Board, the Board may declare excess assets-undesignated available for the exclusive use of granting any number of monthly rate holidays or adjustments. The Board shall adopt a policy outlining the details and process for calculating, declaring and utilizing excess assets for monthly rate holidays or adjustments.

10.15 The JPA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth herein.

ARTICLE 11

DISSOLUTION OF JPA AND DISPOSITION OF PROPERTY AND FUNDS

11. TERMINATION OF AGREEMENT

11.1 This Agreement may be terminated effective at the end of any Fiscal Year by affirmative action of two-thirds (2/3) of the then participating Member Agencies; provided, however, that the JPA and this Agreement shall continue to exist for the purpose of disposing of liabilities, distribution of assets, and all other functions necessary to conclude the affairs of the JPA.

11.2 Upon termination of this Agreement, all assets of the JPA shall be distributed only among the parties to the Agreement on the effective date of termination. The Board shall Packet Page 355
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13 determine such distribution within six months after the last pending claim covered by this Agreement has been adjudicated.

11.3 The Board is vested with all powers of the JPA for the purpose of concluding and dissolving the business affairs of the JPA. These powers shall include the power to require Member Agencies to pay their share of any calculated Contributions and/or assessments deemed necessary by the Board for final disposition of all claims covered by this Agreement.

11.4 In the event of the dissolution of the JPA, the complete rescission or other final termination of the Joint Powers Agreement by the Members then a party to the Agreement, the following shall occur:

11.4.1 The Board of Directors shall establish each Member's pro-rata share of any remaining cash balance (reserves) based on Members percentage of assessments paid into JPA during the Member’s previous twelve months participation in the JPA.

11.4.2 Any real and/or personal property interests and other assets remaining in the JPA following a discharge of all liabilities and obligations shall be disposed of by the Executive Committee. Proceeds from disposition shall be disposed of by the Executive Committee. Proceeds from disposition shall be distributed to Members based on each Member's pro-rata share of assessments paid into JPA during the Member’s previous twelve months’ participation in the JPA, providing that assets are of sufficient value to defray the cost of disposition.

11.4.3 The dissolution of the JPA shall be filed in writing with the State of California by the JPA.

ARTICLE 12

AMENDMENTS
This revised Agreement may be amended at any time with a subsequent written Agreement signed by two-thirds (2/3) of Member Agencies of the JPA. Any such amendment shall be effective upon the date that two-thirds (2/3) of Member Agencies have signed the amendment, unless otherwise provided in the amendment.

ARTICLE 13

CONSTRUCTION & SEVERABILITY
In the event of any litigation over the meaning of this Agreement or the authority of any Member Agency of the JPA, this Agreement shall be liberally construed to effectuate its purposes. Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.

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14 ARTICLE 14

HOLD HARMLESS AND INDEMNIFICATION

14. HOLD HARMLESS AND INDEMNIFICATION

14.1 Member Agencies agree and covenant to defend, hold harmless and indemnify the JPA, its Member Agencies, elected officers, employees and volunteers from any claim, damage or liability in connection with Contributions, assessments, deposits, or coverage; acts, errors, omissions or breach or default of any member or any person or entity acting on behalf of any Member in the performance of any of its obligations under this Agreement; and/or decisions to expel a Member Agency, with or without cause, pursuant to this Agreement and any applicable provisions of the Bylaws.

14.2 The JPA shall indemnify, defend and hold harmless, jointly and severally, each of its Members and the Members’ officers, officials, employees, agents and representatives with respect to any loss, damage, injury, claim, litigation or liability, including attorney’s fees and costs, arising out of or in any way related to the creation of operation, functioning, decisions or actions of the JPA or the JPA’s officers, officials, employees, agents or representatives.

14.3 The provision of indemnity set forth in this Section shall not be construed to obligate the JPA to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful.

14.4 Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the Member Agencies, as among themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6 each assume the full liability imposed upon it or any of its officers, agents, employees or representatives by law for injury caused by a negligent or wrongful action or inaction, or omission, occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Member Agency indemnifies and holds harmless each other Member and the JPA, for any loss, cost or expense, including reasonable attorney’s and consultant fees, that may be imposed upon or incurred by such other Member Agency or the JPA solely by virtue of Government Code Section 895.2.

14.5 Notwithstanding the provisions of 14.1 through 14.4 above, by a two-thirds vote of the Board, the Board may approve the expenditure of JPA funds to defend, indemnify and hold the JPA, members of the Board and any employee or agent of the JPA free and harmless from claims and liabilities arising in connection with their actions taken in good faith, and while within the scope of their duties being performed on behalf of the JPA.

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15 14.6 The JPA may self-fund or purchase insurance, and/or require the Member Agencies to self-fund or purchase insurance, in order to comply with any of the defense and indemnity requirements herein.

14.7 Per Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not be the debts, liabilities and obligations of the parties to this Agreement. In addition, it is expressly agreed by all parties to this revised Agreement and by the Board of Directors that, in contemplation of Sections 895.6 and 6508.1 of the California Government Code respecting the right of contribution of public entities that are parties to a joint powers agreement, no public entity a party hereto shall be jointly or severally liable upon any judgement for damages caused by a negligent or wrongful act or omission to act occurring in the performance of this revised Agreement, which judgment is rendered or imposed upon any one of the Member Agencies or upon the entity created by this revised Agreement, unless the party shall have authorized or consented to the same by an appropriately adopted resolution.

14.8 The JPA may insure itself, to the extent required by law and deemed appropriate by the Board of Directors, against loss, liability, and claims arising out of or connected with this revised Agreement.

ARTICLE 15

COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties regarding the JPA Agreement. There are no oral understandings or agreements between the parties regarding the JPA Agreement that are not set forth in writing herein. This Agreement supersedes prior versions noted on the Cover Page. Some Member Agencies may have a Participation Agreement currently in effect with the JPA. Any and all Participation Agreements currently in effect between the JPA and a Member Agency remain in full force and effect.

ARTICLE 16

EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.

ARTICLE 17

ENFORCEMENT

The JPA is hereby given authority to enforce this Agreement. In the event suit is brought upon this revised Agreement by the JPA and judgment is rendered against a Member, the Member shall pay all costs incurred by the JPA, including reasonable attorney's fees as fixed by the court.

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16 ARTICLE 18

DISPUTE RESOLUTION

18. DISPUTE RESOLUTION
When a dispute arises between the JPA and a Member, the following procedures are to be followed:

18.1 Request for Reconsideration. The Member will make a written request to the JPA for the Governance Committee to review their position, citing the arguments in favor of the Member and any applicable case law that applies. The Member can also request a personal presentation to the Governance Committee if it so desires.

18.2 The Governance Committee will review the matter and consider the JPA’s position. The Governance Committee may seek the assistance of other JPA Committees, JPA staff or outside experts. This appeal process is intended to be an opportunity for both sides to discuss and substantiate their positions based upon legal arguments and the most complete information available. If the Member requesting reconsideration is represented on any of the Committees involved in the review, that Member shall be deemed to have a conflict and shall be excluded from any vote.

18.3 If the Member is not satisfied with the outcome of the Governance Committee appeal, the Member may request that the matter be set as an agenda item of the Executive Committee for further reconsideration. If the Member requesting reconsideration is represented on the Executive Committee, that Member shall be deemed to have a conflict and shall be excluded from any vote.

18.4 If the Member is not satisfied with the outcome of the Executive Committee appeal, the next step in the appeal process is arbitration. The arbitration will be non-binding unless the parties mutually agree, in advance of the arbitration process, to binding arbitration.

The matter will be submitted to a mutually agreed arbitrator or panel of arbitrators for a determination. If binding arbitration is selected, then the decision of the arbitrator is final and both sides agree to abide by the decision of the arbitrator. The cost of arbitration will be shared equally by the involved Member and the JPA.

18.5 If, after following the dispute resolution procedure paragraphs 18.1-18.4, either party is not satisfied with the outcome of the non-binding arbitration process, either party may consider litigation as a possible remedy to the dispute.

ARTICLE 19

APPLICABLE LAW AND FORUM
The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles. Legal actions must be initiated and maintained in the Superior Court of the County of Monterey, State of California, in any other Packet Page 359
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17 appropriate court in that county or in the Federal District Court in the Northern District of California.

ARTICLE 20

ACCEPTANCE OF SERVICE OF PROCESS
The Board of Directors, by resolution, shall designate a specific location at which it will receive notices, correspondence, and other communications, and shall designate one of its members as an officer for the purpose of receiving service on behalf of the Board of Directors.

In the event that any legal action is commenced against the JPA, service of process on the JPA shall be made by personal service upon the Executive Director or President of the JPA, or in such other manner as may be provided by law.

ARTICLE 21

WAIVERS & MODIFICATIONS
Subject to the following exception, no provision of this Agreement may be waived or modified.

Notwithstanding the foregoing, the Board of Directors may, upon a two-thirds vote of the Board of Directors at a properly noticed public meeting, waive or modify any provision of Sections 7.4 and/or 7.5 of this Agreement. No waiver or modification of any provision of Sections 7.4 or 7.5 of this Agreement will apply toward the same provision at a different time.

ARTICLE 22

CONFLICT OF INTEREST
No officers, official or employee of the JPA shall have any Qualifying Economic Interest, direct or indirect, in the JPA nor shall any such person participate in any decision relating to the JPA which affects his or her personal or private economic interests in violation of any State law or regulation.

ARTICLE 23

BOOKS & RECORDS
All books, records, accounts and documents of the JPA shall be available at any reasonable time to the Board members and, to the extent provided by the California Public Records Act (Government Code Section 6250 et. Seq.) shall be public records. This Section does not authorize the release of any confidential documents which are exempt from disclosure under the California Public Records Act or other applicable law or regulations.

ARTICLE 24

PRINCIPAL OFFICE
The principal office of the JPA shall be that of the office of the Executive Director or as from time to time designated by the Board.

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18 ARTICLE 25

SUCCESSORS & ASSIGNMENT
In the event of a reorganization or consolidation of one or more of the public agencies participating in this Agreement, the successor in interest or successors in interest to the obligations of any such reorganized or consolidated public agency may be substituted as a party or as parties to this Agreement. This Agreement shall be binding upon all Members and shall inure to the benefit of the successors of each of the Members provided, however, that no Member may assign any right or obligation under this Agreement without the written consent of the Board.

ARTICLE 26

NOTICES
Notices permitted or required to be sent to the Member Agencies pursuant to this Agreement shall be sent by U.S. Postal Service or other reputable delivery service addressed to the Member Agency at each Member Agency’s official business address and directed to the attention of that agency’s Board member.

ARTICLE 27

FILING WITH SECRETARY OF STATE
The Board of Directors shall comply with the provisions of Sections 6503.5 and 53051 of the Government Code requiring the filing of a statement with the Secretary of State and with the County Clerk. The Executive Director of the JPA is directed to file with the office of the California Secretary of State a notice of adoption or amendment of this Agreement within thirty (30) days after the effective date of such adoption or amendment, as required by California Government Code Section 6503.5; and shall file with the County Clerk a statement as required by California Government Code Section 53051; and shall file all other official notices as may be required by law.

IN WITNESS WHEREOF, the parties have caused this revised Agreement to be executed by their respective duly-authorized representative effective .

NAME OF MEMBER:

NAME OF MEMBER REPRESENTATIVE:
__________________________________________

SIGNATURE OF MEMBER REPRESENTATIVE
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TABLE OF CONTENTS

SECTION PAGE
FORMATION OF ENTITY............................................................................................................. 1 Recitals......................................................................................................................... ----1 Definitions................................................................................................................................ 2

1.0 Formation of the Entity............................................................................................................ 3

2.0 Parties to Agreement................................................................................................................ 3

3. 0 Purpose of the Joint Powers Authority.................................................................................... 3

4.0 5.0

6.0 Powers offhe Joint Powers Authority
Term of Agreement.

Member Agency Responsibilities.

ORGANIZATION...........................................................................................................................^

7.0 Membership..................................................................................................................... -..-6

8.0 Board of Directors............................................................................................................... "-7

9.0 Bylaws and Administradve Policy and Procedures............................................................... 10 OPERATIONS................................................................................................................................ 10

10.0 Financial................................................................................................................................. 10 DISSOLUTION OF AGENCY AND DISPOSITION OF PROPERTY AND FUNDS................ 12

11.0 Dissolution ofJPA and Disposition of Property and Funds.................................................. 12 AMENDMENTS............................................................................................................................ 13

12.0 Amendments..................................................................................................................... -.. 13 CONSTRUCTION &SEVERABILITY........................................................................................ 13

13. 0 Construction & Severability .................................................................................................. 13 HOLD HARMLESS & WDEMNIFICATION.............................................................................. 13

14.0 Hold Harmless & Indemnification......................................................................................... 13 GENERAL PROVISIONS............................................................................................................. 15

15.0 Complete Agreement............................................................................................................. 15

16. 0 Execution of Counterparts..................................................................................................... 15

17.0 Enforcement........................................................................................................................... 15

18.0 Dispute Resolution....................................................................................................... -.--15

19.0 Applicable Law and Forum ................................................................................................... 16

20.0 Acceptance of Service of Process.......................................................................................... 17

21.0 Waivers & Modifications....................................................................................................... 17

22.0 Conflict of Interest................................................................................................................. 17

23. 0 Books & Records................................................................................................................... 17

24. 0 Principal Office...................................................................................................................... 17

25.0 Successors & Assignment...................................................................................................... 18

26.0 Notices................................................................................................................................... 18

27. 0 Filing with Secretary of State................................................................................................ 18 Packet Page 362

JPA AGREEMENT

REVISED JOINT POWERS AGREEMENT TO ESTABLISH,

OPERATE, AND MAINTAIN A SELF-FUNDED PROGRAM

FOR HEALTH AND WELFARE BENEFTTS
THIS REVISED AGREEMENT is entered into pursuant to the provisions of (he Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5, Article 1 (commencing with section 6500) of fhe California Government Code between the pubUc education agencies signatory hereto.

WITNESSETH:

WHEREAS, it is (he mutual benefit of the parties hereto and m the best public interest that said parties join together to establish a fund to self-insure the participating public agencies for health and welfare benefits and to pay for the administration of said fund and the costs related thereto; and
WHEREAS, Sections 1274, 17566-17567 and 81602-81603 of the CaUfomia Education Code authorize the county superintendent of schools and the governing boards of school districts and of community college districts to establish a fund or funds individually or jointly to self-insure for a program of health and welfare benefits; and WHEREAS, Section 53205.3 of the California Government Code authorizes school districts and community college districts to join with other school districts or community college districts, or any combination of those districts, in providing for the payment of health and welfare benefits by entering into a pooling arrangement under a joint exercise of powers agreement or on a self-insured or self-fimded basis or partly by means of self-insurance or self-funding and partly by means of insurance or service agreements
WHEREAS, Section 6500 et seq. of the California Government Code authorizes local public agencies, by agreement, to exercise jointly powers common to the contracting parties; and
WHEREAS, the ongmal jomt powers Agreement to establish, operate and maintain a selfinsurance program was in effect from November 22, 1982 until September 3, 1991, whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-fimded program for health and welfare benefits and for payment of the administration of said fimd and the costs related thereto which was in effect until October 16, 1995; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until January 15, 1997; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said Packet Page 363
fimd and the costs related thereto which was in effect until March 13, 1999; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-fanded program for health and welfare benefits and for payment of the admmistration of said fund and the costs related thereto which was in effect until May 24, 2000; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-funded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until November 19, 2004; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-fimded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until October 25, 2005; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-fimded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto which was in effect until June 19, 2012; whereupon it was superseded by a revised joint powers Agreement for the establishment, operation and maintenance of a self-fimded program for health and welfare benefits and for payment of the administration of said fund and the costs related thereto, and WHEREAS, the public agencies signatory hereto desire to further revise the existing joint powers Agreement as previously revised; and
WHEREAS, this revised joint powers Agreement supersedes the original Agreement, as revised and amended.

NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants, and conditions herein contained, the parties hereby agree as follows:

DEFDSmONS
Unless the context otherwise requires, the following terms shall be defined as stated herein:
"Agreement" shall mean this IPA Agreement.
"Board" and "Board of Directors" shall mean the governing body of the JPA. "Contributions" shall mean the estimated amount determined by the Board for each Member necessary to fund the JPA for the coming CalenderYear.
"Coverage Groups" shall mean groups of employees as defined by each Member. "Excess Insurance" shall mean that insurance purchased by the JPA to cover Member's losses in excess of the coverage limits retained by the JPA.
"Fiscal Year" shall mean a period of time as defined in Article 10, Packet Page 364
'Government Code" shall mean the California Government Code 'JPA" or "Authority" shall mean Joint Powers Authority. "MCSIG" shall mean the Municipalities Colleges Schools Insurance Group created by this Agreement.

Member" and "Membership" and "Member Agency(ies)" shall mean any and each of the public entities which are signatory to {his Agreement.
"Participant" shall mean employees of Members or former employees (COBRA and retirees) of Members enrolled in the medical, dental and/or vision programs provided by the JPA. "Qualifying Economic Interest" shall be as defined by the Conflict of Interest Guide authored by the California OfBce of the Attorney General.

ARTICLE 1

FORMATION OF ENTITY

1.0 CREATION OF THE JOINT POWERS ENTITY

1. 1 Pursuant to Sections 6500, et seq., of the Government Code, a joint powers entity, separate and apart from the public agencies signatory hereto, shall be and is hereby created to be known as the MimicipaUties Colleges Schools Insurance Group (hereinafter referred to as the "JPA").

1.2 The recitals set forth above are hereby incoqiorated by reference and made a part of this Agreement.

ARTICLE 2

PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to, and does, contract with all other parties who are signatories of this Agreement, and, in addition, with such other parties as may later be added as parties to, and signatories of, this Agreement pursuant to Article 7. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article 7 shall not terminate this Agreement nor affect the remaining parties' intent to contract as described above with (he other parties to the Agreement then remaining.

ARTICLE 3

PURPOSE OF THE JPA

3.0 PURPOSE OF THE JPA

3. 1 The JPA is established for the purposes of:

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3. 1. 1 Administering this revised Agreement, pursuant to the joint exercise of powers provisions of (he Government Code;

3. 1.2 Providing the services and other items necessary and appropriate for the establishment, operation and maintenance of pooled fully-insured and self-fimded programs for health and welfare benefits for the public agencies who are signatory hereto including joint purchase of Excess Insurance and admimstrative and other services including, but not limited to, claims adjusting, data processing, health and wellness programs, COBRA admmistration and legal services in connection with any of the pooled coverage programs for said agencies;

3. 1.3 Sharing the risk of setf-fimded losses;

3. 1.4 Providing a forum for discussion, study, development and implementation of recommendations of mutual interest regarding other programs of self-fimded coverage;

3. 1.5 Providing, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities organized and existing under the Constitution or laws of the State of California as may desire to become parties to this Agreement and members of the JPA, subject to the terms of Article 7; and

3. 1.6 Providing for the removal of Member Agencies for cause or upon request.

3.2 The functions of the JPA are:

3.2. 1 To provide pooled fully-insured and self-fimded plans and systems, as stated in the plan document given to each member, for health and welfare benefits for the Members of the JPA and, as such, to perform, or contract for the performance of, the financial administration, policy formulation, claim service, legal rqn-esentation, cost contaimnent and other developments as necessary for the payment and handling of all covered health and welfare claims against Members.

Said payment and handling for any Member shall be for health and welfare claims filed and arising out of facts occumng during the period of membership in the IPA. The IPA shall not pay or handle for a Member any health and welfare claims which arise out of services occurring before membership or after termination of membership m this JPA;

3.2.2 To enter into contracts;

3.2. 3 To obtain Excess coverage Insurance in the form and amount to be determined by the Executive Committee;

3.2.4 To acquire, hold, and dispose of property, real and personal, all for the purpose of providing the Membership with the necessary education, study, development, and Packet Page 366
implementation of a self-fimded program for health and welfare benefits, but not limited to, the acquisition of facilities and equipment necessary, the employment of personnel, and the operation and maintenance of a system for the handling of the self-funded plan;

3.2.5 To incur debts, liabilities, and obligations necessary to accomplish the purposes of this Agreement;

3.2.6 To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, associations, and any governmental entity;

3.2.7 To invest surplus reserve funds as deemed appropriate by the Executive Committee;

3.2. 8 To sue and be sued in the name of the JPA; and

3.2.9 To perform such other fimctions as may be necessary or appropriate to carry out provision of law.

These purposes shall be accomplished through the exercise of the powers of the Member Agencies jointly in the creation and operation of the IPA as described in Article 4.

ARTICLE 4

POWERS OF THE JPA
The JPA shall have the power and authority to exercise any power common to the public agencies or public educational agencies which are parties to this Agreement, provided that the same are in furtherance of the functions and objectives set forth herein. Pursuant to Section 6509 of the California Government Code, the exercise of the aforesaid powers of the JPA shall be subject to the restrictions upon the manner of exercising such powers by a public agency or a public educational agency having the same status as a general law public entity or general law public school district of California, excqrt as otherwise provided in this revised Agreement ARTICLE 5

TERM OF AGREEMENT
This revised Agreement shall be effective upon the execution hereof by the parties or by their duly authorized representatives and shall supersede and replace any JPA agreements between (he parties related to the JPA. This Agreement shall continue in effect until lawfully termmated as provided herein.

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ARTICLE 6

MEMBER AGENCY RESPONSIBILITIES

6. 0 MEMBER AGENCY RESPONSffiIUTIES
Member agencies shall have the following responsibilities:

6. 1 To appoint a representative(s) to serve on the Board of Directors as provided in Article 8;

6.2 To cooperate fully with the JPA, in all matters related to its purpose as described in Article 3 (eligibility, enrollment, designation of benefit representatives. Participant communication etc);

6.3 To pay Contributions and any adjustments or assessments thereto promptly in the manner determined by the JPA when due;

6.4 To provide fhe JPA with information as allowed by law and as may be necessary for the JPA to carry out the purposes of this Agreement; and

6.5 To cooperate fuUy with and assist the JPA and any insurer, claims adjuster, financial auditor, or legal counsel retained by the JPA, in all matters relating to this Agreement and to comply with the Bylaws and all policies and procedures adopted by the Board.

ARTICLE 7

MEMBERSHIP

7.0 MEMBERSHIP

7. 1 Membership in the JPA shall consist of public educational agencies and other public entities which have the powers set forth herein and which agree to comply with the terms of this revised Agreement. Each party which becomes a member of the IPA shall be entitled to all rights and privileges of, and shall be subject to the obligations of, membership as provided herein.

7.2 Parties originally forming the JPA and agreeing to comply with the terms of this revised Agreement shall become members of the IPA upon the effective date of this revised Agreement.

7.3 For all other public educational agencies or public entities which desire to become members of the JPA after (he effective date of this Agreement, such membership is contingent upon such conditions as the Board of Directors may establish. Membership shall become effective upon the date established by the Board. Prospective members may apply for participation in the JPA as provided for in the Bylaws.

7.4 An agency or entity which has previously been a Member of the JPA may apply for reinstatement in accordance with subsection 7.3 provided that:

Packet Page 368

7.4. 1 If the agency or entity has previously withdrawn fi-om (he IPA in accordance with subsection 7.5 of this revised Agreement, a period of no less than fhirty-six months must have elapsed since the efiFective date of withdrawal, and the agency or entity may be required to repay all asset disbursements made to it at the time of withdrawal plus any fees, costs, or expenses which may be required by the Board.

7.4.2 If the agency or entity has previously been involuntarily terminated from membership in accordance with Article 11. 1 of the Bylaws, all asset disbursements made to (he agency or entity at the time of withdrawal may be required to be repaid and written assurances satisfactory to the Board must be provided that the circumstances which caused the involuntary termination will not reoccur.

7.5 Any Member having completed three (3) consecutive years as a Member of the IPA may voluntarily withdraw from its status as a Member and a party to the joint powers Agreement at the end of any Calendar Year by notifying the Executive Committee of the JPA ia writing prior to June 30th of (he Calendar Year of withdrawal. Any Member Agency which has notified the Executive Committee of withdrawal as provided herein may, with the consent of the Executive Committee, rescind such withdrawal by giving written notice to the Executive Committee no later than November 1st of the Calendar Year of withdrawal. Unless rescinded as provided herein, such withdrawal shall be effective at (he end of the Calendar Year. Members withdrawing voluntarily are subject to the conditions for withdrawal set forth in the Bylaws.

7.6 The voluntary withdrawal or expulsion ot any Member Agency shall not terminate its responsibility to cooperate fully with the JPA in determining and processing eligibility and enrollment; pay any Contributions and/or assessments determined by (he Board to be due and payable for each program year in which it participated; provide the JPA with information necessary for the JPA to carry out the purposes of this Agreement; and cooperate with and assist the IPA, any insurer, financial auditor, claims adjuster or legal counsel retained by the JPA in all matters relating to this Agreement.

7.7 All Members hereby agree to be bound by the terms of this Agreement, the Bylaws and aU policies and procedures currently in effect and as may be hereinafter revised or adopted.

7.8 Each of the Members hereby agrees to consider the implementation in its agency of the health management and cost containment guidelines developed by the Board of Directors.

ARTICLE 8

BOARD OF DIRECTORS

8.0 BOARD OF DIRECTORS
A Board of Directors is hereby established to direct and control the JPA.

8. 1 Composition of the Board of Directors
Packet Page 369

8. 1. 1 Each Member of the JPA which has less than 500 active covered employees under the JPA's health and welfare plans shall be entitled to appoint to the Board of Directors one management representative and one alternate who shall be designated in writing. Said representative and said alternate must be employees or officers of the Member, shall have the authority to bind the Member on all matters pertaining to this Agreement, and shall serve at fhe pleasure of the Member by whom appointed. Only the designated representative or designated alternate may represent a Member, and each shall be invited to attend all meetings of the Board of Directors. The designated representative and designated alternate may invite members of their agencies' stafiEs or consultants to attend meetings of the Board of Directors in an advisory capacity only.

8. 1. 2 Each Member of the IPA which has 500 or more active covered employees under the JPA's health and welfare plans shall be entitled to appoint to the Board of Directois two management representatives and one alternate who shall be designated in writing. Said representatives and said alternate must be employees or ofGcers offhe Member, shall have the authority to bind the Member on all matters pertaining to this Agreement, and shall serve at the pleasure of the Member by whom appointed. Only the representatives or designated alternate may represent the Member, and each shall be invited to attend all meetings of tfae Board of Directors. The designated representatives and designated alternate may invite members of their agencies' staffs or consultants to attend meetings of the Board of Directors in an advisory capacity only.

8. 1. 3 In addition to the representative and alternates identified in 8. 1. 1 and 8. 1.2 above, recognized employee bargaining organizations of Member Agencies are entitled to appoint a number ofat-large representatives to the Board of Directors equal to 33%, or the nearest whole number in (he event of a iraction (.5% and over rounds up), of the number of board representatives (not including alternates) appointed pursuant to

8. 1. 1 and 8. 1.2 above. The employee bargaining organization representatives must be active covered employees of a IPA Member. Each bargaining organization shall be entitled to a number of representatives which is in direct proportion to the number of active covered employees it represents as of January 1 of the current even numbered year. All fractions will be rounded down to the nearest even number. Such appointment must be in writing and the representative may serve at the pleasure of the appointing organization until replaced, or the number of representative entitlement reduces, or if the representative violates any provisions of the JPA Agreement.

8. 1.3. 1 An employee bargaining organization is defined as a local, state or nationally recognized labor association which has exclusive bargaining rights for an identified group of employees at a Member Agency.

8. 1.4 In addition to fhe representatives and alternates identified in 8. 1. 1, 8. 1.2 and 8. 1.3 above, covered retiree Participants are entitled to elect an at-large representative to Packet Page 370
the Board of Directors. Elections for the retiree representative shall be by mail ballot every two years from a list ofself-nominated covered retiree Participants. In the event of a vacancy, the Board of Directors President shall appoint a retiree representative for the balance of the two-year term.

8. 1.4. 1 A covered retiree Participant is a MCSIG member who has continued their MCSIG coverage since retiring from the Member Agency.

8. 1.4.2 The at-large retiree representative shall be neither a Member representative nor an employee bargaining organization representative, eligible for election to the Executive Committee pursuant to the Bylaws.

8.2 Each designated representative shall have one vote, which may be cast only by the designated representative or, in his/her absence by the designated alternate. No proxy or absentee votes shall be permitted.

8.3 No business may be transacted by the Board without a quorum of its members being present. A quorum shall consist of not less than a majority of the designated representatives of the JPA. Except as otherwise provided, a vote of the majority of those designated representatives and designated alternates entitled to vote who are present at a meeting of the Board of Directors shall be sufficient to constitute action provided that a quorum is present. In the event of a tie vote, the motion or action fails.

8.4 The powers of the Board shall be all of the powers of the JPA not specifically reserved to the Member Agencies by this Agreement and shall include, but not be limited to, the powers enumerated in Articles 3.0, 4 and 10 of this Agreement and the following:
. Approval of coverage programs and plan design;
. Approval of Contribution rates and the method of which Contributions will be paid to the IPA;
. Approval of additional assessments during the year if necessary or appropriate, to allow for increased costs and expenses as they may occur; . Development, implementation and revision of the IPA Bylaws; . Creation and dissolution of advisory, working and ad-hoc committees; and . Creation and dissolution of an Executive Committee as provided in the JPA Bylaws and delegation of any of its powers to (he Executive Committee

8.5 No one serving on the Board of Directors shall receive any salary or compensation from (he JPA for service on the Board of Directors.

8.6 The Board of Directors may conduct regular, adjourned regular, special, and adjourned special meetings, provided, however, that it will hold at least four regular Board of Directors meetings each Fiscal Year. The date, time, and place for each such regular meeting shall be fixed by action of the Executive Committee. Advance notice will be filed with each Member of the JPA for all Board of Directors Meetings. Additional special meetings may be called by the President or Executive Director or upon the petition Packet Page 371
of not less than five members of the Board. Such petition is to be addressed to the President of the Board

8.7 All meetings of the Board of Directors shall be called, held, and conducted in accoidance with the terms and provisions of the Ralph M. Brown Act (sections 54950, et seq., of the California Government Code), as said Act may be modified by subsequent legislation, and as the same may be augmented by rules of the Board of Directors not inconsistent therewith. The Board shall conduct its business in accordance with Roberts Rules of Order.

8.8 Except as otherwise provided or permitted by law, all meetings of (he Board of Directors shall cause minutes of its meetings to be kqrt, and shall promptly transmit to fhe Members of the JPA true and correct copies of the minutes of such meetings.

8.9 The Board of Directors of (he JPA shall develop suggested guidelines for health management and cost containment practices.

ARTICLE 9

BYLAWS AND ADMINISTRATIVE POLICY AND PROCEDURES
The Board shall, through resolution, adopt, rescind or amend Bylaws and shall adopt Administrative Policies and Procedures consistent with applicable law and this Agreement to govern the day to day operation of the JPA. Each Board Member shall receive a copy of the Bylaws and administrative policies and procedures developed under this Article. Amendment of the Bylaws requires a resolution approved by two-thirds of the members of the Board of Directors.

ARTICLE 10

FINANCIAL

10. FINANCIAL
The Board of Directors shall insure that a complete and accurate system of accounting of the JPA shall be maintained at all times consistent with established auditing standards and accounting procedures.

10. 1 The JPA shall operate on a Fiscal Year from July 1st to June 30th.

10.2 The Board of Directors shall annually, on or before June 30th, adopt a tmdget showing each of the purposes for which the IPA will need money and the estimated amount of money that will be needed for each such purpose for the ensuing Fiscal Year. A copy of the budget shall be transmitted to each of the participating members.

10. 3 Each Member of the JPA who is a public educational agency in Monterey County hereby agrees to authorize the Monterey County Superintendent of Schools to transfer from its general fund any required Contributions and assessments as calculated and specified in the Bylaws. Other agencies shall be billed on an itemized invoice for required Contributions. 10 Packet Page 372

10.4 Annual assessments, as approved by the Board of Directors for each Member of the IPA, shall be determined in accordance wifh procedures established by the Board of Directors and filed with each Member.

10.5 If the total obligations against all the Members of the JPA exceed in any year fhe total amount of operating and reserve funds established by the Board of Directors, (he Members may be assessed a pro rata share of the additional Contributions as determined by the Board of Directors.

10. 6 At least once annually all expenditures of funds of the IPA shall be reviewed and ratified by the Board of Directors.

10.7 A general fund shall be established and maintained to receive monies of the JPA. The JPA shall accept and deposit in the JPA general fund all monies received by it including monies from any of the following sources:

10.7. 1 Members Contributions, including assessments and any other charges.

10.7.2 Interest and other investment income.

10.7.3 Refund of insurance premiums and excess loss claims.

10.7.4 Subrogation recoveries.

10.7.5 Grants from any public agency or private company.

10.8 The general fund shall expend monies for the purpose of the operation of the JPA and the health and benefit program. Such expenses shall be necessary and appropriate as determined by local or state regulations.

10.9 Imprest accounts shall be established and maintained out of monies received by and deposited in the general fund. Monies shall be transferred from the general fund to the imprest account solely for the purposes of paying claims of (he members. This account shall be established at a national, state, or local bank whose deposits are insured in fhe Federal Deposit Insurance Corporation.

10. 10 The Treasurer ofMonterey County is the designated depository of the IPA.

10. 11 The IPA is strictly accountable for all funds received and dispersed by it and, to that end, the IPA shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provisions of applicable law or any resolution of the JPA. Books and records of the IPA in the hands of the Treasurer of the IPA shall be open to inspection at all reasonable times by representatives of the Members. The IPA, as soon as practical after the close of each Fiscal Year, shall give, or cause to be given, a complete written report of all financial activities for such Fiscal Year to each member of 11 Packet Page 373
tfae Board of Directors and to the chief aAnimstrative officer of each Member of the JPA.

10. 12 The Executive Committee shall make, or conteact with a certified public accountant to make, an annual audit oftfae accounts, records, and financial affairs of the JPA. In each case the minimum requirements of the audit shall be those prescribed by the State ControUer for Special Districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards and accounting principles.

When such an audit of accounts and reports is made by a certified public accountant, a report thereof shall be filed as a public record with each of the Members of the JPA, and also with the Auditor-Controller ofMonterey County. Such reports shall be filed within twelve (12) months of the end of the Fiscal Year under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants in making the audit(s) provided for herein, shall be appropriate admmistrative charges against the funds of the JPA.

10. 13 The Monterey County Superintendent of Schools shall draw warrants to pay demands against the JPA when such demands have been duly approved by the Executive Director and Treasurer offhe JPA.

10. 14 No part of the revenues or assets otthe JJPA shall mure to the benefit of, or be distributed to its Members, officers, employees, Participants or other persons except as provided in Article 11. Upon two-thirds vote of the entire MCSIG Board, the Board may declare excess assets-undesignated available for the exclusive use of granting any number of monthly rate holidays or adjustments. The Board shall adopt a policy outlining fhe details and process for calculating, declaring and utilizing excess assets for monthly rate holidays or adjustments.

10. 15 The JPA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furiherance of the purposes set forth herein.

ARTICLE 11

DISSOLUTION OF JPA AND DISPOSITION OF PROPERTY AND FUNDS

11. TERMDMATION OF AGREEMENT

11. 1 This Agreement may be terminated effective at the end of any Fiscal Year by aflEumative action oftwo-thiids (2/3) of the then participating Member Agencies; provided, however, that the IPA and this Agreement shall continue to exist for the purpose of disposing of liabilities, distribution of assets, and all other functions necessary to conclude the affairs of theJPA.

11.2 Upon termination of this Agreement, all assets of the JPA shall be distributed only among the parties to the Agreement on the effective date of termination. The Board shall 12 Packet Page 374
determine such distribution within sue months after the last pending claim covered by this Agreement has been adjudicated.

11.3 The Board is vested with aU powers of the IPA for the purpose of concluding and dissolving the business affairs of the IPA. These powers shall include the power to require Member Agencies to pay their share of any calculated Contributions and/or assessments deemed necessary by the Board for final disposition of all claims covered by this Agreement.

11.4 In the event of the dissolution of the JPA, the complete rescission or other final termination of the Joint Powers Agreement by the Members then a party to the Agreement, the followmg shall occur:

11.4. 1 The Board of Directors shall establish each Member's pro-rata share of any remaining cash balance (reserves) based on Members percentage of assessments paid into IPA during the Member's previous twelve months participation in the JPA.

11.4.2 Any real and/or personal property interests and other assets remaining in the IPA following a discharge ofaU liabilities and obligations shall be disposed of by the Executive Committee. Proceeds from disposition shall be disposed of by the Executive Committee. Proceeds from disposition shall be distributed to Members based on each Member's pro-rata share of assessments paid into IPA during the Member's previous twelve months' participation in the JPA, providing that assets are of sufficient value to defray the cost of disposition.

11.4.3 The dissolution of the JPA shall be filed in writing with the State of California by the JPA.

ARTICLE 12

AMENDMENTS
This revised Agreement may be amended at any time with a subsequent written Agreement signed by two-thirds (2/3) of Member Agencies of the JPA. Any such amendment shall be effective upon the date that two-thuds (2/3) of Member Agencies have signed the amendment, unless otherwise provided in the amendment.

ARTICLE 13

CONSTRUCTION & SEVERABILITY
In the event of any litigation over the meaning of this Agreement or the authority of any Member Agency of the IPA, this Agreement shall be liberally construed to effectuate its purposes. Should any portion, term, condition, or provision of fhis Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.
13 Packet Page 375
ARTICLE 14

HOLD HARMLESS AND INDEMNIFICATION

14. HOLD HARMLESS AND INDEMNIFICATION

14. 1 Member Agencies agree and covenant to defend, hold harmless and indemnify the JPA, its Member Agencies, elected ofBcers, employees and volunteers from any claim, damage or liability in connection with Contributions, assessments, deposits, or coverage; acts, errors, omissions or breach or default of any member or any person or entity acting on behalf of any Member in the performance of any of its obligations under this Agreement; and/or decisions to expel a Member Agency, with or without cause, pursuant to this Agreement and any applicable provisions of the Bylaws.

14.2 The JPA shall indemnify, defend and hold harmless, jointly and severaUy, each of its Members and the Members' ofScers, officials, employees, agents and representatives with respect to any loss, damage, injury, claim, litigation or liability, including attorney's fees and costs, arising out of or in any way related to the creation of operation, functioning, decisions or actions of the JPA or the JPA's officers, ofGcials, employees, agents or representatives.

14.3 The provision of indemnity set tbrth m this Section shall not be construed to obligate the JPA to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful.

14.4 Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the Member Agencies, as among themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6 each assume the fall liability imposed upon it or any of its oEGcers, agents, employees or representatives by law for injury caused by a negligent or wrongful action or inaction, or omission, occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Member Agency indemnifies and holds harmless each other Member and the JPA, for any loss, cost or expense, including reasonable attorney's and consultant fees, that may be imposed upon or mcurred by such other Member Agency or the JPA solely by virtue of Government Code Section 895.2.

14.5 Notwithstanding the provisions of 14. 1 through 14.4 above, by a two-fhirds vote of the Board, the Board may approve the expenditure of IPA funds to defend, indemnify and hold the JPA, members of the Board and any employee or agent of the JPA free and harmless from claims and liabilities arising in connection with their actions taken in good faith, and while within the scope of their duties being performed on behalf of the JPA. 14 Packet Page 376

14.6 The JPA may self-fimd or purchase insurance, and/or require the Member Agencies to self-fimd or purchase insurance, in order to comply with any of the defense and indemnity requirements herein.

14.7 Per Government Code Section 6508. 1, the debts, liabilities, and obligations of fhe Authority shall not be the debts, liabilities and obligations of the parties to this Agreement. In addition, it is expressly agreed by all parties to tins revised Agreement and by the Board of Directors that, in contemplation of Sections 895.6 and 6508.1 of the California Government Code respecting the right of contribution of public entities that are parties to a joint powers agreement, no public entity a party hereto shall be jointly or severaUy liable upon any judgement for damages caused by a negligent or wrongful act or omission to act occurring in the performance of this revised Agreement, which judgment is rendered or imposed upon any one of the Member Agencies or upon the entity created by this revised Agreement, unless die party shall have authorized or consented to the same by an appropriately adopted resolution.

14. 8 The JPA may insure itself, to the extent required by law and deemed appropriate by the Board of Directors, against loss, liability, and claims arising out of or connected with this revised Agreement.

ARTICLE 15

COMPLETE AGREEMENT
The foregoing constitutes the toll and complete agreement of fhe parties regarding the JPA Agreement. There are no oral understandings or agreements between the parties regarding the IPA Agreement that are not set forth in writing herein. This Agreement supersedes prior versions noted on the Cover Page. Some Member Agencies may have a Participation Agreement currently in effect with (he JPA. Any and all Participation Agreements ciurently in efifect between the IPA and a Member Agency remain in full force and effect.

ARTICLE 16

EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.

ARTICLE 17

ENFORCEMENT
The JPA is hereby given authority to enforce this Agreement. In (he event suit is brought upon this revised Agreement by the JPA and judgment is rendered against a Member, the Member shall pay all costs incurred by the JPA, including reasonable attorney's fees as fbced by the court. 15 Packet Page 377
ARTICLE 18

DISPUTE RESOLUTION

18. DISPUTE RESOLUTION
When a dispute arises between the JPA and a Member, the following procedures are to be followed:

18. 1 Request for Reconsideration. The Member will make a written request to the JPA for the Governance Committee to review their position, citing the arguments in favor of the Member and any applicable case law that applies. The Member can also request a personal presentation to the Governance Committee if it so desires.

18.2 The Governance Committee will review the matter and consider the JPA's position. The Governance Committee may seek the assistance of other JPA Committees, JPA staff or outside experts. This appeal process is intended to be an opportunity for both sides to discuss and substantiate their positions based upon legal arguments and the most complete information available. If the Member requesting reconsideration is represented on any of the Committees involved in the review, that Member shall be deemed to have a conflict and shall be excluded from any vote.

18.3 If the Member is not satisfied with the outcome of the Governance Committee appeal, the Member may request that (he matter be set as an agenda item of the Executive Committee for further reconsideration. If the Member requesting reconsideration is represented on the Executive Committee, that Member shall be deemed to have a conflict and shall be excluded from any vote.

18.4 If the Member is not satisfied with the outcome of the Executive Committee appeal, the next step in the appeal process is arbitration. The arbitration will be non-bindmg unless the parties mutually agree, in advance of the arbitration process, to binding arbitration.

The matter will be submitted to a mutually agreed arbitrator or panel of arbitrators for a determination. If binding arbitration is selected, then the decision of the arbitrator is final and both sides agree to abide by the decision of the arbitrator. The cost of arbitration will be shared equally by fhe involved Member and the JPA.

18.5 If, after following the dispute resolution procedure paragraphs 18. 1-18.4, either party is not sadsfied with the outcome of the non-bmding arbitration process, either party may consider litigation as a possible remedy to the dispute.

ARTICLE 19

APPLICABLE LAW AND FORUM
The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles. Legal actions must be initiated and maintained in fhe Superior Court of the County of Monterey, State of California, in any other 16 Packet Page 378
appropriate court in that county or in the Federal District Court in the Northern District of California.

ARTICLE 20

ACCEPTANCE OF SERVICE OF PROCESS
The Board of Directors, by resolution, shall designate a specific location at which it will receive notices, correspondence, and other communications, and shall designate one of its members as an officer for the purpose of receiving service on behalf of the Board of Directors.

In fhe event that any legal action is commenced against the JPA, service of process on the JPA shall be made by personal service upon the Executive Director or President of the JPA, or in such other manner as may be provided by law.

ARTICLE 21

WATVERS & MODIFICATIONS
Subject to the tbllowing exception, no provision of this Agreement may be waived or modified.

Notwithstanding the foregoing, the Board of Directors may, upon a two-thirds vote of the Board of Directors at a properly noticed public meeting, waive or modify any provision of Sections 7.4 and/or7. 5 of this Agreement. NowaiverormodificationofanyprovisionofSections7. 4or7. 5of this Agreement will apply toward the same provision at a different time.

ARTICLE 22

CONFLICT OF INTEREST
No officers, ofiGcial or employee of the JPA shall have any Qualifying Economic Interest, direct or indirect, in the JPA nor shall any such person participate in any decision relating to the JPA which affects his or her personal or private economic interests in violation of any State law or regulation.

ARTICLE 23

BOOKS & RECORDS
All books, records, accounts and documents of the JPA shall be available at any reasonable time to the Board members and, to the extent provided by the California Public Records Act (Government Code Section 6250 et. Seq.) shall be public records. This Section does not authorize fhe release of any confidential documents which are exempt 6om disclosure under the California Public Records Act or other applicable law or regulations.

ARTICLE 24

PMNCBPAL OFFICE
The principal office of the JPA shall be that of the ofGce of the Executive Director or as from time to time designated by the Board.
17 Packet Page 379
ARTICLE 25

SUCCESSORS & ASSIGNMENT
In the event of a reorganization or consolidation of one or more of the public agencies participating in this Agreement, the successor in interest or successors in interest to the obligations of any such reorganized or consolidated public agency may be substituted as a party or as parties to fhis Agreement. This Agreement shall be binding upon all Members and shall inure to the benefit of the successors of each of the Members provided, however, that no Member may assign any right or obligation under this Agreement without the written consent of the Board.

ARTICLE 26

NOTICES
Notices permitted or required to be sent to the Member Agencies pursuant to tins Agreement shall be sent by U. S. Postal Service or other reputable delivery service addressed to the Member Agency at each Member Agency's of&cial business address and directed to the attention of that agency's Board member.

ARTICLE 27

FILING WITH SECRETARY OF STATE
The Board of Directors shall comply with the provisions of Sections 6503. 5 and 53051 of the Government Code requiring the filing of a statement with the Secretary of State and with the County Clerk. The Executive Director of the JPA is directed to file with the ofiSce of the California Secretary of State a notice of adoption or amendment of this Agreement within fhirty (30) days after the effective date of such adoption or amendment, as required by California Government Code Section 6503.5; and shall file with the County Clerk a statement as required by California Government Code Section 53051; and shall file all other ofificial notices as may be required by law.

IN WITNESS WHEREOF, the parties have caused this revised Agreement to be executed by their respective duly-authorized representative effective tVUA\^ (c^\ 2CO-1.

NAME OF MEMBER:

NAME OF MEMBER REPRESENTATIVE:

SIGNA ORMEMBER REPRESENTATIVE
18 Packet Page 380

CITY OF SEASIDE

STAFF REPORT
Item No.: 11.B.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS FOR THE 2024 HOT SPOT PAVEMENT REPAIR

PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO
JV LUCAS PAVING INC. FOR AN AMOUNT NOT TO EXCEED
$614,032.50 AND TOTAL PROJECT CONSTRUCTION COST

INCLUDING CONTINGENCY OF AN AMOUNT NOT TO EXCEED
$706,137.38

RECOMMENDATION
Adopt a resolution approving the plans and specifications for the 2024 Hot Spot Pavement Repair Project.

BACKGROUND
On March 2, 2023, the City Council approved the Streets Pavement Rehabilitation Funding Policy (Policy). The Policy was created to provide additional funding sources for street maintenance and rehabilitation. The Policy provides that at the time of the midyear budget review, twenty five percent (25%) of any projected year-end operating budget surplus will be committed to the pavement rehabilitation project for the following year. The FY 2023-24 year-end operating surplus yielded $850,556.00 to be committed to this year's pavement rehabilitation project.

Similar to last year, the Project evaluations present a mixture of permanent repairs as well as temporary repair options. The temporary repairs are meant to act as a barrier such that the roadway does not further deteriorate and as a stop gap measure until funding is obtained for more appropriate treatment. PEI identified 501 locations amounting to over $7 million in pavement repairs. The evaluations were prioritized Packet Page 381

Item No. 11.B. Page 2 of 3
based upon the available budget.

PEI completed the Project bid documents which, includes 4 inch deep "dig out" pavement repairs totaling 15,000 square feet on seven street segments and 1 1/2 inch thin maintenance overlays on eight street segments. The latter is intended as a stopgap measure.

The design was complete, and the Project was released for construction bids on November 7, 2024. Six bids were received and opened on December 5, 2024, from the following contractors:

Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Total Coastal
Paving &
Excavating
Inc.
$849,157.00 $14,508.00 $32,380.00 $19,870.00 $915,915.00 The Don
Chapin Co.
$818,081.00 $14,440.00 $24,122.00 $23,750.00 $880,393.00 McKim
Corporation
$625,801.75 $27,912.48 $37,558.40 $27,577.02 $718,849.65 Monterey
Peninsula
Engineering
$587,732.00 $25,580.00 $29,252.00 $36,352.00 $678,916.00 Graniterock
Co.
$588,962.00 $11,018.00 $37,120.00 $26,504.00 $665,115.42 JV Lucas
Paving Inc.
$538,942.50 $19,790.00 $28,870.00 $26,430.00 $614,032.50 The award of the contract is based upon the total Base Bid plus Alternate 1, Alternate 2, and Alternate 3. Based upon the bids submitted, JV Lucas Paving Inc. is the lowest responsive and responsible bidder, with a bid of $614,032.50. Staff reviewed JV Lucas Paving Inc.'s bid and determined that the bid is responsive, and the bidder and subcontractors have the necessary qualifications and experience level to satisfactorily perform all work within the project scope. Staff evaluated the Alternate 1, 2 & 3 Bid Schedule against the available funding sources, and is recommending to award the Base Bid plus Alternate 1, Alternate 2, and Alternate 3 to JV Lucas Paving Inc. for an amount not to exceed $614,032.50.

ENVIRONMENTAL COMPLIANCE
Packet Page 382

Item No. 11.B. Page 3 of 3
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301: Existing Facilities Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.

Evidence: The proposed project would consist of pavement rehabilitation and would not result in an expansion or significant modification of the existing roadway. Therefore, there are no significant activities associated with the 2024 Hot Spot Pavement Repair Project.

FISCAL IMPACT
The proposed construction agreement with JV Lucas Paving Inc. is for an amount not to exceed $614,032.50. A construction contingency of 15%, or $92,104.88 is appropriate for a project of this scope for a total construction amount of $706,137.38. The 2024 Hot Spot Pavement Repair Project was approved in the FY 24/25 Capital Improvement Program, funded through the General Fund with an available budget of $850,556.00.

There are sufficient funds in the account (212-8920-9600) to execute the construction contract.

ATTACHMENTS

1. Resolution

2. JV Lucas Paving Inc. Construction Agreement

3. Plans_2024 Hot Spot Pavement Repair

4. Specifications_2024 Hot Spot Pavement Repair
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 383
Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE PLANS AND SPECIFICATIONS FOR 2024 HOT SPOT

PAVEMENT REPAIR PROJECT AND AWARDING A CONSTRUCTION
AGREEMENT TO THE JV LUCAS PAVING INC. FOR AN AMOUNT NOT TO EXCEED $614,032.50 AND TOTAL PROJECT CONSTRUCTION COST, INCLUDING A 15% CONTINGENCY, OF $706,137.38.

WHEREAS, 2024 Hot Spot Pavement Repair Project (Project) design entails field investigation and evaluation of pothole locations based upon the Public Works frequently requested locations and See Click Fix reported pothole locations; and WHEREAS, based upon the investigation and evaluation of pot holes a mixture of permanent repair as well as temporary repair options were presented; and WHEREAS, the temporary repairs are meant to act as a barrier such that the roadway does not further deteriorate and to act as a stop gap measure until funding is obtained for more appropriate treatment; and
WHEREAS, Pavement Engineering Inc. prepared bid documents for the 2024 Hot Spot Pavement Repair Project which includes 15,000 square feet of pavement “dig out” repairs and thin maintenance overlays on eight roadway sections; and WHEREAS, on November 7, 2024, the project was released for construction bids, and on December 5, 2024, six bids were received; and
WHEREAS, the basis of award was determined by the total base bid plus alternate 1, 2, & 3; and
WHEREAS, JV Lucas Paving Inc. was determined to have the lowest responsive and responsible bid in the amount of $614,032.50 for the base bid plus alternate 1, 2, & 3; and
WHEREAS, an amount of $92,104.88 contingency, 15% of the bid award, should be authorized on an as required basis; and
WHEREAS, JV Lucas Paving Inc. has successfully completed similar work projects for other municipalities in the Bay Area; and
Packet Page 384
Meeting Date: 01/16/25
Item #: X.X.

WHEREAS, the Project is categorically exempt per Article 19, section 15301 of CEQA since the project repairs and performs improvements to the existing roadway and involves negligible or no expansion of use.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the plans and specifications for the 2024 Hot Spot Pavement Repair Project dated October 2024; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with JV Lucas Paving Inc. for a total agreement amount not to exceed of $614,032.50; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 15% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $706,137.38.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 385
JUNE 2019
Agreement 00 5200 - 1 City of Seaside
2024 Hot Spot
DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 16th day of January, 2025, by and between JV Lucas Paving Inc. whose place of business is located at 865 Howe Road, Martinez, CA 94553 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. ____ adopted on the 16th day of January, 2025 awarded to Contractor the following Contract:

PROJECT NUMBER 212-8920-9600-GF
2024 Hot Spot Pavement Repair Project
located at
various streets throughout Seaside, California, 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 - SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum Six Hundred Fourteen Thousand, Thirty Two Dollars and Fifty Cents ($614,032.50) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

ARTICLE 2 - COMMENCEMENT AND COMPLETION OF WORK

2.01 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed.

B. Owner reserves the right to modify or alter the Commencement Date.

2.02 Completion of Work
A. Contractor shall achieve Final Completion of the entire Work within forty five (45) Working Days from the Commencement Date.

ARTICLE 3 - PROJECT REPRESENTATIVES

3.01 Owner’s Project Manager
A. Owner has designated Leslie Llantero as its Project Manager to act as Owner’s Representative in all matters relating to the Project.

B. City Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

3.02 Architect/Engineer
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JUNE 2019
Agreement 00 5200 - 2 City of Seaside
2024 Hot Spot
A. Pavement Engineering Inc. furnished the Plans and Specifications and shall have the rights assigned to Architect/Engineer in the Contract Documents.

ARTICLE 4 - LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

4.01 Liquidated Damage Amounts
A. Contractor shall pay Owner:

1. One Thousand Dollars (1,000.00) per calendar day per street that surface paving is not completed if more than 5 working days after cold planing;

2. Two Hundred Fifty Dollars ($250.00) per transition and/or the cost of City crews to maintain or fix temporary pavement transitions until final paving is performed;

3. One Thousand Dollars ($1,000.00) per calendar day per street that does not receive permanent striping within the allotted time range indicated in the scheduled.

B. As liquidated damages for delay Contractor shall pay Owner one thousand two hundred dollars (1,200.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

4.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 5 - CONTRACT DOCUMENTS

5.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

Document 00 0115 List of Drawings
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7201 Supplementary Conditions
Document 00 7316 Supplementary Conditions – Insurance
Document 00 9113 Addenda
Document 01 1100 through 01 7700 General Requirements
TS -1 through TS-10 Technical Specifications

5.02 There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 - MISCELLANEOUS

6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

Packet Page 387
JUNE 2019
Agreement 00 5200 - 3 City of Seaside
2024 Hot Spot

6.03 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body 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. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.04 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at Owner’s Office, and shall be made available to any interested party on request. Pursuant to California Labor Code §§ 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his/her employees. Contractor represents that it is 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.05 During the term of this Agreement, Contractor warrants that it is currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5. Contractor further warrants that any subcontractors who are subject to Public Contract code section 4104, are registered and qualified to perform public work consistent with Labor Code section 1725.5.

6.06 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

6.07 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Monterey, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Monterey.

Packet Page 388
JUNE 2019
Agreement 00 5200 - 4 City of Seaside
2024 Hot Spot
IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CONTRACTOR: JV Lucas Paving Inc. OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
Al Perez Craig Malin
(Print Name) (Print Name)
Its: Vice President Interim City Manager
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature
By: ______________________________ Dominique L. Davis
(Signature) (Print Name)
______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF DOCUMENT
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CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT
APPROVED BY: ANDREW STERBENZ, P.E.

ACTING CITY ENGINEER
APPROVED BY: PAUL MATEO, P.E.

PAVEMENT ENGINEERING INC.

SHEET INDEX
SHEET NO. SHEET TITLE / STREET NAME
T1 TITLE SHEET
V1 VICNITY MAP
D1 TYPICAL SECTIONS
D2 - D4 DETAILS
C1 CALAVERAS STREET
C2 ALHAMBRA STREET
C3 TIERRA STREET
C4 CARSON STREET
C5 ISABELLE COURT
C6 WANDA AVENUE
C7 PALM AVENUE & TERRACE STREET
C8 TRINITY AVENUE
C9 YOSEMITE STREET
C10 WARING STREET
C11 ELM AVENUE
C12 ELM AVENUE & IMPERIAL STREET
C13 ALHAMBRA STREET (BID ALTERNATE 1)
C14 LIGHTFIGHTER DRIVE (BID ALTERNATE 2)
C15 HAMILTON AVENUE (BID ALTERNATE 3)

TITLE SHEET
T1
11/4/2024
Packet Page 395
C14
C2C1
C3
C4 C5
C8 C6
C7
C10 C9
C12 C11
C15

ZONES ON VICINITY MAP CORRELATE W/SHEET
NUMBERS IN THIS PACKAGE. REFER TO SHEET
T1 FOR SHEET INDEX

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

VICNITY MAP
V1
Packet Page 396

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

TYPICAL SECTIONS
D1
NTS
TYPICAL SECTION NO. 1
2' 3' 3' 2'

ALTERNATE EDGE TREATMENT
3'
NTS
TYPICAL SECTION NO. 2
6' 6'
2'
TAPER OVERLAY THICKNESS FROM 1-1/2" TO 0" &
LEVELING COURSE THICKNESS FROM 1/2" TO 0" (TYP.)
EX. ROADWAY SURFACE
1-1/2" MAINTENANCE

OVERLAY
EX. ROADWAY

SURFACE
EX. CURB & GUTTER
EX. HMA DIKE
1-1/2" MAINTENANCE

OVERLAY
1/2" LEVELING COURSE

TAPER LEVELING COURSE
THICKNESS FROM 1/2" TO 0" (TYP.)

TAPER MAINTENANCE OVERLAY
THICKNESS FROM 1-1/2" TO 0" (TYP.)
EX. HMA DIKE (TYP.) EX. ROADWAY SURFACE
NTS
TYPICAL SECTION NO. 3
EX. ROADWAY SURFACE
EX. CURB & GUTTER
5'

KEYCUT A
5'

KEYCUT A
3"
1-1/2" MAINTENANCE

OVERLAY
1/2" LEVELING COURSE
1-1/2" BELOW

GUTTER LIP

TAPER LEVELING COURSE OVER WIDTH
OF KEYCUT TO 0" THICKNESS, 3" FROM
GUTTER LIP (TYP.)

ALTERNATE EDGE TREATMENT
1/2" LEVELING COURSE
1/2" LEVELING COURSE 6'
2'

UNPAVED EDGE

FOG SEAL FOG SEAL

ALTERNATE EDGE TREATMENT
EX. ROADWAY

SURFACE
1-1/2" MAINTENANCE

OVERLAY
1/2" LEVELING COURSE

UNPAVED
EDGE
3'
EX. ROADWAY

SURFACE
1-1/2" MAINTENANCE

OVERLAY
1/2" LEVELING COURSE
1-1/2" MAINTENANCE

OVERLAY
Packet Page 397

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

DETAILS
D2
NTS
REMOVE & REPLACE 4" HMA

REMOVE &
DISPOSE 4"
NOTES:

1. RECOMPACT LOOSENED MATERIAL AT SURFACE. IF CONTRACTOR DISTURBS MORE THAN 1-1/2" OF MATERIAL, SUBGRADE SHALL BE RECOMPACTED TO 95% R.C.

2. ALL EDGES SHALL BE VERTICAL TO THE SPECIFIED REMOVAL DEPTH.

3. TACK COAT ALL VERTICAL EDGES PRIOR TO PAVING.

4. ALL REMOVED MATERIAL SHALL BE CLEARED FROM SITE.

PLACE 2" HMA BASE COURSE
& 2" HMA SURFACE COURSE
SEE NOTE 1

COLD PLANE OR VERTICALLY SAWCUT

FULL REMOVAL DEPTH ON ALL SIDES
EX. PAVEMENT, GUTTER

LIP OR SPANDREL

KEYCUT - TYPE A
(LONGITUDINAL KEYCUT)
NTS
5'
EX. CURB
& GUTTER
1-1/2" BELOW

GUTTER LIP
REMOVE EX.

PAVEMENT
EX. PAVEMENT SURFACE
15'

KEYCUT - TYPE B
(TRANSVERSE KEYCUT)
NTS
EX. PAVEMENT OR

CROSS GUTTER
1-1/2" BELOW

ADJACENT FACILITY

TO REMAIN
EX. PAVEMENT SURFACE
REMOVE EX.

PAVEMENT
Packet Page 398

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

DETAILS
D3

TRANSITION A WITH TMO
NTS
EX. PAVEMENT OR

CROSS GUTTER
REMOVE & DISPOSE 2" TO 4",
REPLACE 2" HMA
1-1/2" MAINTENANCE OVERLAY
1/2" LEVELING COURSE
15'
4"
2"

TRANSITION B WITH TMO
NTS
EX. PAVEMENT OR
CROSS GUTTER 1-1/2" MAINTENANCE

OVERLAY
1/2" LEVELING
COURSE
5'
2'

TRANSITION C WITH TMO
NTS
EX. CROSS GUTTER
REMOVE & DISPOSE 2" TO 4",
REPLACE 2" HMA
1-1/2" MAINTENANCE OVERLAY
1/2" LEVELING COURSE
10'
4"
2"
NTS

HMA FILL

HMA FILL HMA FILL
NOTES:

1. HMA FILL SHALL BE PLACED AND COMPACTED UNTIL FLUSH WITH ADJACENT PAVEMENT. NO HUMPING OF FILL WILL BE ALLOWED.

TAPER LEVELING COURSE
THICKNESS FROM 1/2" TO 0"
Packet Page 399

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

DETAILS
D4

PAVING LIMITS (WITH CROSS GUTTER)
NTS
EX. CROSS GUTTER
2'
2'
2'
2'

FOG SEAL

MAINTENANCE OVERLAY

PAVING LIMITS (NO CROSS GUTTER)
NOTES:

1. PAVING LIMITS SHOWN ARE FOR WORK ON CALAVERAS

STREET AND ALHAMBRA STREET (SEE TYPICAL SECTION
NO. 1 ON SHEET D1 FOR MORE DETAIL).

NTS

STOP SIGN STRIPING DETAIL
NTS
6'

CURB & GUTTER
8'

LIMIT LINE
6'

CURB & GUTTER
8'

LIMIT LINE

SPANDREL &

CROSS GUTTER

CURB & GUTTER
Packet Page 400
CALAVERAS ST.

FREMONT AVE.

BRPM S SONOMA AVE. AMADOR AVE.

TYPICAL SECTION NO. 1 ELM AVE.

TYPICAL SECTION NO. 1 WLL WLL WLL WLL
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY CALAVERAS STREET
C1

MAINTENANCE OVERLAY
CALAVERAS AVENUE ~179 TONS
WLL
BRPM

MAINTENANCE OVERLAY
LEGEND
S SANITARY SEWER MANHOLE (EX.)
WATER VALVE (EX.)
FIRE HYDRANT (EX.)

BLUE RETROREFLECTIVE PAVEMENT MARKER
12" WHITE LIMIT LINE (PAINT)

TRANSITION A WITH TMO
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SONOMA AVE. AMADOR AVE. ELM AVE.

ALHAMBRA ST. HAMILTON AVE.

S

MAINTAIN

FLOWLINE
TYPICAL SECTION NO. 1 WLL
WLL
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY ALHAMBRA STREET
C2
WLL
S SANITARY SEWER MANHOLE (EX.)
WATER VALVE (EX.)
SURVEY MONUMENT (EX.)
12" WHITE LIMIT LINE (PAINT)

MAINTENANCE OVERLAY

LEGEND MAINTENANCE OVERLAY
TRANSITION A WITH TMO ALHAMBRA STREET ~95 TONS

TRANSITION B WITH TMO
Packet Page 402
TIERRA ST. WILLIAMS AVE. FRANCIS AVE. HILBY AVE.

PLACER ST.

THERESA ST.

S
10'
TYPICAL SECTION NO. 2
TYPICAL SECTION NO. 2
1 BRPM WLL WLL WLL WLL
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY TIERRA STREET
C3
REMOVE & REPLACE 4"
1 ~360 SF
TOTAL (SF) ~360 SF

MAINTENANCE OVERLAY
TIERRA STREET ~207 TONS
WLL
BRPM
REMOVE & REPLACE 4" HMA

MAINTENANCE OVERLAY
LEGEND
S SANITARY SEWER MANHOLE (EX.)
FIRE HYDRANT (EX.)

BLUE RETROREFLECTIVE PAVEMENT MARKER
12" WHITE LIMIT LINE (PAINT)

TRANSITION A WITH TMO
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© 2024 Microsoft Corporat
CARSON ST.

KIMBALL AVE. WHEELER ST. RUSSELL LN.

CHANGE OF PAVEMENT
SCO

KEYCUT B

KEYCUT A
TYPICAL SECTION NO. 3 LORENZO CT.

CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY CARSON STREET
C4

MAINTENANCE OVERLAY
TIERRA STREET ~194 TONS
SCO

MAINTENANCE OVERLAY
LEGEND
WATER VALVE (EX.)
SURVEY MONUMENT (EX.)
SEWER CLEANOUT (EX.)

TYPE B KEYCUT

TYPE A KEYCUT
Packet Page 404
ISABELLE CT.

KIMBALL AVE. WARING ST. MADERA CT.

WLL
SCO
2 22'

KEYCUT B

KEYCUT A
TYPICAL SECTION NO. 3
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY ISABELLE COURT
C5
REMOVE & REPLACE 4"
2 ~750 SF
TOTAL (SF) 750 SF

MAINTENANCE OVERLAY
ISABELLE COURT ~198 TONS
WLL
SCO
REMOVE & REPLACE 4" HMA

MAINTENANCE OVERLAY
LEGEND
WATER VALVE (EX.)
SEWER CLEANOUT (EX.)

TYPE B KEYCUT

TYPE A KEYCUT
12" WHITE LIMIT LINE (PAINT)
Packet Page 405
FREMONT AVE.

VIRGINIA ST.

TRINITY AVE.

WANDA AVE.

CHANGE OF

PAVEMENT
BRPM S

KEYCUT B

KEYCUT A
TYPICAL SECTION NO. 3
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY WANDA AVENUE
C6

MAINTENANCE OVERLAY
WANDA AVENUE ~136 TONS
BRPM

MAINTENANCE OVERLAY
LEGEND
S SANITARY SEWER MANHOLE (EX.)
FIRE HYDRANT (EX.)

BLUE RETROREFLECTIVE PAVEMENT MARKER

TYPE B KEYCUT

TYPE A KEYCUT
Packet Page 406
TERRACE ST.

ELM AVE.

PALM AVE. ~320'
~360' WLL
WLL

WLL WLL
S
S S
WLL
S
TYPICAL SECTION NO. 1

BRPM WLL
WLL
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL ADJUST ALL UTILITY COVERS TO
FINISH GRADE AFTER FINAL PAVING.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY PALM AVENUE & TERRACE STREET
C7
WLL
BRPM

MAINTENANCE OVERLAY
S SANITARY SEWER MANHOLE (EX.)
WATER VALVE (EX.)
FIRE HYDRANT (EX.)

BLUE RETROREFLECTIVE PAVEMENT MARKER
12" WHITE LIMIT LINE (PAINT)
LEGEND

TRANSITION C WITH TMO

MAINTENANCE OVERLAY

PALM AVENUE &

TERRACE STREET
~244 TONS

TRANSITION B WITH TMO
Packet Page 407
FREMONT AVE.

TRINITY AVE.
3 S
VIRGINIA ST. CONSTRUCTION NOTES:

1. CONTRACTOR SHALL LOWER ALL UTILITY COVERS WITHIN

LIMITS OF DIGOUT PRIOR TO WORK & ADJUST TO FINISH
GRADE AFTER FINAL PAVING.

REMOVE & REPLACE 4"
3 ~(20'X90')
TOTAL (SF) 1,800 SF
REMOVE & REPLACE 4" HMA
LEGEND
S SANITARY SEWER MANHOLE (EX.)

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY TRINITY AVENUE
C8
Packet Page 408
YOSEMITE ST.

LA SALLE AVE. MENDOCINO ST. MARIPOSA ST.
6 5
4 CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY YOSEMITE STREET
C9
REMOVE & REPLACE 4"
4 ~(6'X10')
5 ~(10'X40')
6 ~(32'X60')
TOTAL (SF) 2,380 SF
REMOVE & REPLACE 4" HMA
LEGEND
Packet Page 409
© 2024 Microsoft Corporation © 2024 Maxar ©CNES (20
LA SALLE AVE. WARING ST.

SANTA CLARA AVE.
7 MAINTAIN FLOWLINE
REMOVE AND DISPOSE OF EX. WATER
VALVE COVER; REPLACE WITH TYLER UNION
G05 IRON LID #60500 WATER VALVE COVER
WLL 75'
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL REMOVE AND DISPOSE OF EX. WATER
VALVE COVER. CONTRACTOR SHALL INSTALL WATER VALVE
COVER AT FINISH GRADE AFTER FINAL PAVING.

REMOVE & REPLACE 4"
7 ~2,700 SF
TOTAL (SF) 2,700 SF

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY WARING STREET
C10
WLL
REMOVE & REPLACE 4" HMA
LEGEND
WATER VALVE (EX.)
12" WHITE LIMIT LINE (PAINT)
Packet Page 410
SAN LUCAS ST.

ELM AVE.

PALM AVE.
8 9
REMOVE & REPLACE 4"
8 ~(15'X115')
9 ~(25'X40')
TOTAL (SF) 2,725 SF

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY ELM AVENUE
C11
REMOVE & REPLACE 4" HMA
LEGEND
Packet Page 411
IMPERIAL ST.

ELM AVE.

AMADOR AVE.

DEL MONTE BLVD.

CANYON DEL RAY BLVD.

S WLL
10 11
S
S IMP
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL LOWER ALL UTILITY COVERS WITHIN

LIMITS OF DIGOUT PRIOR TO WORK & ADJUST TO FINISH
GRADE AFTER FINAL PAVING.

REMOVE & REPLACE 4"
10 ~(25'X55')
11 ~(25'X35')
TOTAL (SF) 2,250 SF

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY ELM AVENUE & IMPERIAL STREET
C12
WLL
REMOVE & REPLACE 4" HMA
LEGEND
S SANITARY SEWER MANHOLE (EX.)
12" WHITE LIMIT LINE (PAINT)
Packet Page 412
12 13 14 SONOMA AVE. AMADOR AVE.

ALHAMBRA ST. HAMILTON AVE. ELM AVE.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY ALHAMBRA STREET
C13
REMOVE & REPLACE 4" HMA
LEGEND
REMOVE & REPLACE 4"
12 ~(8'X14')
13 ~(12'X15')
14 ~(12'X17')
TOTAL (SF) 496 SF
BID ALTERNATE 1
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2ND AVE.

LIGHTFIGHTER DR.
15 CONSTRUCTION NOTES:

1. CONTRACTOR SHALL LOWER ALL UTILITY COVERS WITHIN

LIMITS OF DIGOUT PRIOR TO WORK & ADJUST TO FINISH
GRADE AFTER FINAL PAVING.

REMOVE & REPLACE 4"
15 ~(8'X95')
TOTAL (SF) 760 SF

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY LIGHTFIGHTER DRIVE
C14
REMOVE & REPLACE 4" HMA
LEGEND
WATER VALVE (EX.)
BID ALTERNATE 2
Packet Page 414
HAMILTON AVE.

FREMONT BLVD.

HILLSDALE ST.

ALHAMBRA ST.

TRINITY AVE.

SONOMA AVE.

S
16 HMA FILL OVER EX.

UTILITY TRENCHES (TYP.)
A
A
A
A
A
A
A
A
A
A
C
B
B
B
B
B
CONSTRUCTION NOTES:

1. CONTRACTOR SHALL PROTECT ALL UTILITY COVERS IN

PLACE WHILE APPLYING HMA FILL AND REMOVE ANY
MATERIAL FROM THEM AS NEEDED.

CITY OF SEASIDE
2024 HOT SPOT PAVEMENT REPAIR PROJECT FOR CITY OF SEASIDE

USE ONLY

HMA FILL
LEGEND
REMOVE & REPLACE 4" HMA
S SANITARY SEWER MANHOLE (EX.)
WATER VALVE (EX.)
REMOVE & REPLACE 4"
16 ~(5'X12')
TOTAL (SF) 60 SF

HMA FILL
A (17 TRENCHES) ~(2'X29')
B (5 TRENCHES) ~(2'X8')
C (1 TRENCH) ~(3'X38')
TOTAL (SF) ~1,180 SF

HAMILTON AVENUE
C15
BID ALTERNATE 3
Packet Page 415
January 16, 2025 City Council Regular Meeting
Item 11B – ADOPT A RESOLUTION

APPROVING THE PLANS AND SPECIFICATIONS
FOR THE 2024 HOT SPOT PAVEMENT REPAIR

PROJECT AND AWARDING A CONSTRUCTION
AGREEMENT TO JV LUCAS PAVING INC. FOR AN
AMOUNT NOT TO EXCEED $614,032.50 AND

TOTAL PROJECT CONSTRUCTION COST

INCLUDING CONTINGENCY OF AN AMOUNT
NOT TO EXCEED $706,137.38
Specifications 2024 Hot Spot Pavement Repair
Packet Page 416

CITY OF SEASIDE

STAFF REPORT
Item No.: 11.C.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Andreas Baer, Senior Engineer
Thomas Korman, Public Works Director/City Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING ADDITIONAL SCOPE OF

WORK AND CONTRACT AMENDMENT FOR A PLAYGROUND AT
LINCOLN CUNNINGHAM PARK (PHASE 1 - ARTERIAL TRAIL
PROJECT) FOR AN AMOUNT NOT TO EXCEED $742,800.00

RECOMMENDATION
Adopt a resolution approving additional construction scope for a playground and additional amenities for the Lincoln Cunningham Park (Phase 1 - Arterial Trail Project) from the Lincoln Cunningham and Havana Solitz Park Master Plan, amending the construction agreement to add the additional scope and raise the contract amount by up to $742,800.00 bringing the total project construction cost including contingency to a not to exceed value of $1,886,862.95, authorizing the City Manager to execute and approve any amendments, extensions, and change orders until completion of the project in accordance with the master plan up to the total project construction amount, and directing the use CIP project surplus funds to Lincoln Cunningham Project Account.

BACKGROUND
On January 30, 2023, the City Council adopted a resolution authorizing the preparation of concept plans for the development of an accessible trail and other amenities in Lincoln Cunningham and Havana Soliz Parks. Development of the Lincoln Cunningham and Havana Soliz Parks Conceptual Master Plan was the first phase of a larger Blue Zones Marquee Project that aims to improve health and well-being of the Seaside community by providing vibrant parks connected by a walk-able network of trails. The ultimate goal is to connect Manzanita-Stuart, Lincoln Cunningham, and Havana Soliz parks via a modern, accessible trail network.

Packet Page 417

Item No. 11.C. Page 2 of 4
Lincoln Cunningham Park Phase 1 - Arterial Trail Project is located in Lincoln Cunningham Park between Yosemite Street and Lincoln Street adjacent to San Pablo Avenue. The Project included construction of a concrete multi-use path through Lincoln Cunningham Park from San Pablo Avenue to Lincoln Street; pedestrian paths from the new multi-use path to Yerba Buena Court, Lindberg Court, and Serape Court; storm drainage improvements; curb ramp retrofits; sewer main repair; one on-street accessible parking stall on Lincoln Street between Lincoln Cunningham Park and Havana Soliz Park; and seeding for erosion control.

Lincoln Cunningham Park Phase 1 - Arterial Trail Project scope was scaled down from the complete Lincoln Cunningham Conceptual Master Plan due to limited funding.

However there is currently more funding available than originally anticipated allowing the city to complete additional work at the park pushing the project closer to completion. Additional funding results from the following sources:
- On November 21st the Seaside City Council appropriated $160,000 from NIC funding for additional work at Lincoln Cunningham Park
- The low bid from Monterey Peninsula Engineering (MPE) including Additive Alternative 1 was substantially less that the engineers estimate leaving over $300,000 available in the original project budget.
- Temporary construction work and paving were included in the phase 1 design in order to deliver a complete phase of work. The City can apply the money allocated for temporary structures to new permanent structures.
- Staff has identified project surplus funding in a number of general fund projects currently wrapping up including the Bike-Safe Grate Upgrades (Phase 2) project (account 212-8930-9600), Street Sign Upgrades Project (account 212-8960- 9600).

Modifying an existing contract will reduce the impact on the community and saves time and money when compared with closing one project, rebidding, and starting a new project. A new project will require staff time to manage and new bid documents to be developed, advertised, and bid. A new contract will require new administrative costs. It will require new construction mobilization and demobilization costs, and it will require new storm water management plans, and post construction planting and soil stabilization.

Staff believes that adequate funding is available from the above funding sources to complete the 5-12 year old play area, the community patio area, The utility work under and along concrete pathways, and concrete work around all of the play areas for the Lincoln Cunningham park in accordance with the master plan. The final result will not be a completed Lincoln Cunningham park, but the park will be far enough along to the point where building out the remaining amenities can be done with out closing the park, and by contracting direly with specialty sub contractors.

Staff recommends adopting the attached resolution to approve additional construction Packet Page 418

Item No. 11.C. Page 3 of 4
scope, and amending the construction agreement with MPE by adding transferring funding and adding up to a not to exceed amount of $742,800.00 to the existing contract.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Section 15301 Existing Facilities). The project includes the repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

FISCAL IMPACT
There are sufficient funds available from the combination of NIC funds, surplus funding in the original Project account (342-8910-9581), Project savings from eliminating temporary structures, surplus funding from other ongoing CIP Projects, and Street Sign Upgrades Project for raising the construction agreement including construction contingency with Monterey Peninsula Engineering by the amount of $742,800.00.

FINANCIAL SUMMARY:

ORIGINAL BALANCE
$1,849,100.00 ORIGINAL PROJECT FUNDING

CONTRACTS
($278,358.72) DESIGN COSTS (INCLUDING CONCEPT PLAN)
($202,669.00) CONSTRUCTION MANAGEMENT & INSPECTION
($994,837.35) CONSTRUCTION CONTRACT
$ 43,000.00 SAVINGS FROM TEMPORARY STRUCTURES (STAIRS & PATHWAY) ($ 11,512.53) CONSTRUCTION CHANGE ORDERS TO DATE
($ 1,592.65) MISCELLANEOUS BIDDING, ADVERTISING, & PROJECT COSTS

ADDITIONAL FUNDS
$ 11,082.15 SCSD SEWER REPAIR REIMBURSEMENT
$ 160,000.00 NIC FUNDING
$ 110,000.00 BIKE SAFE GRATES UPGRADE - Phase 2 (Account# 212-8930- 9600) [Final Balance TBD]
$ 60,000.00 STREET SIGN UPGRADES (Account #212-8960-9600) [Final Balance TBD] $ 744,211.90 FUNDING CURRENTLY IDENTIFIED

ATTACHMENTS

1. Resolution Contract Modification LC Park
Packet Page 419

Item No. 11.C. Page 4 of 4
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 420
Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION APPROVING ADDITIONAL SCOPE OF WORK FOR A PLAYGROUND AT LINCOLN CUNNINGHAM PARK (PHASE 1 - ARTERIAL TRAIL

PROJECT)
WHEREAS, On January 30th, 2023 the City Council adopted a resolution authorizing a professional services agreement with Whitson Engineers to prepare concept plans for Lincoln Cunningham and Havana Soliz Parks; and,
WHEREAS, On June 1st 2023, the City Council authorized an amendment for the concept plan by Whitson Engineers for Lincoln Cunningham and Havana Soliz Parks for additional community outreach events in the amount of $18,600; and,
WHEREAS, November 2nd, 2023 the City Council approved a resolution adopting the Lincoln Cunningham and Havana Soliz Park Conceptual Master Plan; and, WHEREAS, the Lincoln Cunningham Park Basketball Court Improvements Project was adopted in the fiscal year 2022/2023 annual budget; and, WHEREAS, the Lincoln Cunningham Park Phase 1 - Arterial Trail Project was adopted in the fiscal year 2023/2024 Capital Improvement Program (CIP) annual budget to begin implementation of the concept plans for Lincoln Cunningham and Havana Soliz Parks; and, WHEREAS, July 10th, 2024 bids were received for the Lincoln Cunningham Park (Phase 1 - Arterial Trail Project) and the low bid was substantially lower than the engineers estimate and available budget; and,
WHEREAS, July 25th, 2024 the City Council adopted a resolution approving the plans and specifications for Lincoln Cunningham Park Phase 1 - Arterial Trail Project and awarding a construction agreement to Monterey Peninsula Engineering (MPE); and, WHEREAS, November 7th, 2024 the City Council adopted a resolution amending the Lincoln Cunningham Design Contract adding additional design scope; and, WHEREAS, November 21st, 2024, Council appropriated $160,000.00 of NIC money toward Lincoln Cunningham Park playground equipment; and, WHEREAS, Staff has identified funding from project surplus’s in various current CIP projects and Transportation Agency Monterey County funds; and, WHEREAS, Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Section 15301 Existing Facilities). The Packet Page 421
Meeting Date: 01/16/25
Item #: X.X.
project includes the repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside adopt a resolution approving additional scope of work for constructing a playground and additional amenities as part of the Lincoln Cunningham Park Phase 1 - Arterial Trail Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Seaside adopt a resolution approving a contract amendment with Monterey Peninsula Engineering up to a not-toexceed amount of $742,800.00 for the additional scope of work in the Lincoln Cunningham Park Phase 1 - Arterial Trail Project (account number 342-8910-9578); and BE IT FURTHER RESOLVED, that the City of Seaside City Council directs the finance director to make all transfers and budget adjustments including, but not limited to, transfers of project surplus’s funding from Bike Safe Grate fund balance (account number 212-8930-9600) and Street Sign Upgrades fund balance (account number 212-8960-9600) as necessary to cover the costs of the additional scope of work; and,
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside directs the City Manager to execute and approve any amendments, extensions, and change orders until completion of the project in accordance with the master plan.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 422