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CC RESOLUTION 3523• E L J RESOLUTION NO. 3523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE LIBRARY SERVICES CONSTRUCTION ACT (LSCA) TITLE II CONTRACT AGREEMENT #L -357. WHEREAS, the City of E1 Segundo desires to avail itself of CSLA grant monies for its library expansion project; and WHEREAS, the LIBRARY SERVICES CONSTRUCTION ACT (LSCA) TITLE II CONTRACT AGREEMENT #L -357, a copy of which is attached hereto as Exhibit A, sets forth all conditions, obligations, and agreements required under the provisions of LSCA, for the granting of CSLA grant funds and implementation of said project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the LIBRARY SERVICES ACT CONSTRUCTION ACT (LSCA) TITLE II CONTRACT AGREEMENT #L -357, attached hereto as Exhibit A, and authorizes Fred Sorsabal, Interim City Manager of the City of E1 Segundo to execute said agreement. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 1st day of March, 1988. Ma or Pro Tem of t City of El Segundo, California (SEAL) I, City Clerk of the City of E1 Segundo, hereby certify that the foregoing Resolution, was adopted by the City Council of the City of E1 Segundo at a regular meeting held on the 1st day of March, 1988 and that said resolution has not been revoked. I further certify that the office of Interim City Manager is now held by Fred Sorsabal, whos_ e_sianature appears herinbelow. • Fred Sorsabal Interim City Manager City Clerk of the City of E1 Segundo, California ( SEAL) • • • • Z.:.l.R' °a°ER oa. CA STATE LIBRAR`. AGREEMENT FOR LIBRARY CONSTRUCTION GRANT NO- L -357 Date: 10/13/87 1 THIS AGREEMENT, made and entered into this 13th day of 2 October 1987, at Sacramento County, California, by and between 3 the DIVISION OF LIBRARIES, DEPARTMENT OF EDUCATION, STATE OF 4 CALIFORNIA, through its duly appointed, qualified, and acting 5 STATE LIBRARIAN, hereinafter called STATE, and the City of 6 E1 Segundo % hereinafter called PUBLIC AGENCY: 7 8 WITNESSETH: 9 NOW,-THEREFORE, it is mutually understood and agreed 10 that this agreement is entered into under provisions of the 11 Library Services and Construction Act, as amended, Pub. Law 91 -600 12 implemented by 34 CFR Parts 770, 76, 74, 75.600 -616. 13 Further, it is understood and agreed that performance 14 of provisions of this agreement is subject to the conditions and 15 availability of funds under Public Law 91 -600, any amendment 16 thereto or re- enactment of this Law under another title and 17 number. Subject to the above, STATE, agrees to make a Library 18 Service Construction Act (LSCA) Grant in the amount of 19 One Hundred Fifty Eight Thousand ($ 158,727 ) to PUBLIC AGENCY Seven Hundred Twenty Seven 20 on the following terms and conditions: 21 1. That said Grant shall be used solely by PUBLIC 22 AGENCY for the following purpose, hereinafter called PROJECT, 23 which is described in the PUBLIC AGENCY'S approved application 24 which is attached hereto and by reference incorporated herein: 25 Project NO.L 357 26 E1 Segundo Public Library WP 86 27 2. Said Grant shall be payable as follows on • • • u 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 f -t _ _._._.. . 5 z 3 CA STATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 -2- submissions of invoices and reports which indicate satisfactory i progress: 25% upon completion of 25X of the project 25% upon completion of 50% of the project 251 upon completion of 75% of the project 25% upon completion of 100% of the project 3. That all funds provided by STATE for the PROJECT shall be expended by PUBLIC AGENCY only by contracts lawfully entered into by PUBLIC AGENCY. 4. That all library services and construction pro- vided as a result of the funds made available for this PROJECT shall be in compliance with the California State Plan under Title I and Title II of the Library Services and Construction Act. 5. That all library services provided as a result of the funds made available for this PROJECT shall be available free of charge and without discrimination to all members of the community, district or region served by PUBLIC AGENCY, and that said building will be devoted exclusively to public library purposes for the useful life of the facilities, or 20 years, whichever is greater, unless the use thereof for another purpose is approved by the STATE. 6. That PUBLIC AGENCY in their agreements with con- tractors and others entered into to carry out the purpose of this Agreement shall require those contractors and others to comply with the following Federal Statutes, Regulations, and • • F 0 • 0 CC-R- 'AVER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CA STATE LIBRARY CONSTRUCTION AGREEMENT No. :L -357 Date: 10/13/87 -3- Orders: j (a) Except as otherwise provided by law, all laborers and mechanics employed by contractors and subcontractors on construction assisted under Federal programs, including minor remodeling, khall be paid wages at rates not less that those prevailing as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended, and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act. Such contrac- tors shall comply with the provisions of 29 CFR part 3 ("anti - flick- Back" regulations); and all construction contracts and sub- contracts shall incorporate the contract clauses required by 29 CFR 5.5 (a) and (c). (20 U.S•.C.1232b; 40 L'.S.C.276a, 276c, 327- 332: 29 CFR Parts, 1926) (b) lion- discrimination clause and Certification of Nonsegregated Facilities prescribed by Executive Order No. 11246, September 24, 1965 as amended by Executive Order 11375. The si =et mar:_ei Ed =r:. ,3" is specifically included as a part of this agreement and by this reference incorporated in and attached hereto. (c) All construction contracts shall be awarded to the lowest responsive and responsible bidder on the basis of open competitive bidding. (d) The facility is to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically • • r • • CCCR-�aDER _t. CA SIATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 1 -4- 2 Handicapped ", No. A117.1 -1961, as modified by other standards 3 prescribed by the Secretary of Education or the U.S. Adminis- 4 trator of General Services (41 CFR 101 - 19.6). All library facil- 5 ities using Federal funds shall display in a prominent place the 6 international symbol of access to the handicapped. 7 (e) All sites of all construction projects shall dis- 8 play a sign stating that Federal funds under the,Library 9 Services and Construction Act are being used for such construc- 10 tion. When specifications call for a plaque in the completed 11 building indicating the date of completion and source of funds, 12 funds under the Act shall be noted. 13 (f) Public Law 91 -600, Title II, Public Library 14 Construction. 15 (g) Executive Order No. 11288 of July 7, 1966 (31 16 FR9261), "Prevention, Control and Abatement of Water Pollution ". 17 (h) Executive Order 11988, relating to evaluation of 18 flood hazards. 19 7, That PUBLIC AGENCY shall ensure through plan 20 checking and inspection of construction work, that the PROJECT 21 is constructed in accordance with all applicable current state 22 and local statutes, codes and ordinances, and in addition: 23 (a) If the PROJECT is an addition to or expansion of 24 an existing library facility, g libra} y, or remodeling of an existing 25 library facility for the purposes of handicapped peed access, energy 26 conservation, or accomodation of new technologies, that upon 27 completion of the PROJECT, the facility taken as a whole shall i • • 1 2 CA STATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 -S- comply with all state and local requirements for handicapped 3 access, fire safety and seismic resistance that apply to newly - i i 4 constructed facilities, even if compliance requires work out - 5 side the scope of the PROJECT. 6 (b), Any new or existing library bookstacks`constructed, 7 i ^stalled or re- installed as part of this PROJECT, or within one 8 9 10 11 12 13 14 • 15 16 17 18 19 year in the same facility of which the PROJECT is a part, following completion of this PROJECT, shall be done in accor- dance with plans for which seismic calculations have been signed by a structural engineer licensed by the State of California. 8. STATE LIBRARIAN as administrator for LSCA for California, will supervise the PROJECT. The DEPARTMENT OF GENERAL SERVICES, OFFICE OF THE STATE ARCHITECT will assist the STATE LIBRARIAN in this supervision of construction and shall serve as a designated representative thereof. All re- commendations made by the DEPARTMENT OF GENERAL SERVICES, OFFICE OF THE STATE ARCHITECT concerning the PROJECT shall be trans- mitted to the PUBLIC AGENCY by only the STATE LIBRARIAN. For purpose of supervision, PUBLIC AGENCY will make the following available: records maintained for the PROJECT; payrolls on file; payments to contractor(s). PUBLIC AGENCY shall also make avail- able whatever the State's designated representative deems necessary in order to review the performance, prosecution and progress of work by the contractor(s) and to determine compliance with the terms of his contract by contractor. This shall in- clude, but not be limited to on -site inspection of the construction = ? ?rSta -_k s -al_ -..eet the sei-smic, force require ets or Be ti r �.b. Of 13C.° �•O. ? -?3�, part �: the State - u4ldir._ Code ( ?a=t C, Title 24, --aliforr.�a n1_.- ristrative Code). 20 21 22 23 24 25 N 26 27 CO'—R— °i -ER STD -1 •[. a •. ca. year in the same facility of which the PROJECT is a part, following completion of this PROJECT, shall be done in accor- dance with plans for which seismic calculations have been signed by a structural engineer licensed by the State of California. 8. STATE LIBRARIAN as administrator for LSCA for California, will supervise the PROJECT. The DEPARTMENT OF GENERAL SERVICES, OFFICE OF THE STATE ARCHITECT will assist the STATE LIBRARIAN in this supervision of construction and shall serve as a designated representative thereof. All re- commendations made by the DEPARTMENT OF GENERAL SERVICES, OFFICE OF THE STATE ARCHITECT concerning the PROJECT shall be trans- mitted to the PUBLIC AGENCY by only the STATE LIBRARIAN. For purpose of supervision, PUBLIC AGENCY will make the following available: records maintained for the PROJECT; payrolls on file; payments to contractor(s). PUBLIC AGENCY shall also make avail- able whatever the State's designated representative deems necessary in order to review the performance, prosecution and progress of work by the contractor(s) and to determine compliance with the terms of his contract by contractor. This shall in- clude, but not be limited to on -site inspection of the construction = ? ?rSta -_k s -al_ -..eet the sei-smic, force require ets or Be ti r �.b. Of 13C.° �•O. ? -?3�, part �: the State - u4ldir._ Code ( ?a=t C, Title 24, --aliforr.�a n1_.- ristrative Code). • • r r. LJ • • L L� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Cz::R' SAP ER •T. ' L'A �tl p \�.�• :l. CA STATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 work, review of records maintained, confirmation of payroll status of construction workers by interview of contractor's employees on a sampling basis, review of payments to contractors, reporting of percentage of work paid with percentage of work accomplishedN i 9. PUBLIC AGENCY shall submit to STATE for approval i the following construction documents: ; i (a) Preliminary plans and specifications I (b) working drawings and specifications ' (c) Constructions change orders The above shall be sent as directed by the California State Librarian to the following address: California State Library - LSCA Title II, Fiscal Office, P.O. Box 942837, Sacramento, CA 94237 -0001 10. STATE LIBRARIAN, on occasion, may require cor- rective action regarding a contractor's work on the PROJECT. PUBLIC AGENCY shall be responsible to direct or order such corrective action and promptly report same to STATE LIBRARIAN. Payments of Grant may be withheld by STATE if corrective action is not promptly carried out and reported. 11. If STATE requests, PUBLIC AGENCY shall provide and submit to STATE an accounting of the PROJECT after the com- pletion and acceptance of the construction showing the source(s) of funds expended for the PROJECT. 12. PUBLIC AGENCY shall expend local funds for the PROJECT in an amount no less than the amount of LSCA funds • • r i N CC�R- -40ER 6 13., PUBLIC AGENCY agrees that any funds provided for 7 tlis PROJECT which are not used, lost, diverted from the purpose 8 set forth above, or are not satisfactorily accounted for, shall 9 be repaid to STATE within six (6) months after it is determined 10 t ^at the funds are lost, not used, diverted or not properly 11 accounted for. 12 14. PUBLIC AGENCY will retain on file all fiscal 13 records supporting expenditures under this Agreement for five 14 (5) ::ears after completion of the PROJECT, or until notified 15 by the STATE LIBRARIAN that audit requirements of the Federal 16 Government have been met, whichever is sooner. 17 15. If the PROJECT includes real property acquisition, 18 PUBLIC AGENCY shall have, or shall obtain, a fee sir-ple or such 19 ot: ^er estate or interest in the site, including access thereto, 20 as is sufficient to assure undisturbed use and possession of the 21 facilities for not less than the useful life of the facilities, 22 or 20 years, whichever is the greater. The PUBLIC AGENCY shall 23 provide STATE with copies of all deeds and /or other evidences of 24 title pertaining to the real property acquired. If Public 25 Library facilities, or items of equipment, or land each initially 26 costing $500 or more, in which cost the Federal Government has 27 participated (with funds derived from Federal grants and State CA STATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 1 -7- 2 granted by STATE for the PROJECT. If PUBLIC AGENCY fails to do 3 so, the amount of LSCA funds spent in excess of the local funds , 4 expended shall be repaid to STATE, so that the local expenditure 5 is at least equal to the LSCA expenditure. 6 13., PUBLIC AGENCY agrees that any funds provided for 7 tlis PROJECT which are not used, lost, diverted from the purpose 8 set forth above, or are not satisfactorily accounted for, shall 9 be repaid to STATE within six (6) months after it is determined 10 t ^at the funds are lost, not used, diverted or not properly 11 accounted for. 12 14. PUBLIC AGENCY will retain on file all fiscal 13 records supporting expenditures under this Agreement for five 14 (5) ::ears after completion of the PROJECT, or until notified 15 by the STATE LIBRARIAN that audit requirements of the Federal 16 Government have been met, whichever is sooner. 17 15. If the PROJECT includes real property acquisition, 18 PUBLIC AGENCY shall have, or shall obtain, a fee sir-ple or such 19 ot: ^er estate or interest in the site, including access thereto, 20 as is sufficient to assure undisturbed use and possession of the 21 facilities for not less than the useful life of the facilities, 22 or 20 years, whichever is the greater. The PUBLIC AGENCY shall 23 provide STATE with copies of all deeds and /or other evidences of 24 title pertaining to the real property acquired. If Public 25 Library facilities, or items of equipment, or land each initially 26 costing $500 or more, in which cost the Federal Government has 27 participated (with funds derived from Federal grants and State t r� LJ 0 L� N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CO�R''4PER a.,.a C�..r Lam . 5•Z " ? +E. s •3 aa. CA STATE LIBRARY CONSTRUCTION AGREEMENT No.: L -357 Date: 10/13/87 or local matching funds), are sold or no longer used for the purpose authorized by the Act, the Federal Government shall be credited with its proportionate share of the value of such i facilities, equipment or land, the value being determined on the fair market value in the case of discontinuance of use or diversion-for other than State Program purposes. 16.. PUBLIC AGENCY agrees to complete the PROJECT herein described no later than 3/31/94 17. PUBLIC AGENCY agrees to be bound by the provisions of the LSCA Construction Project Application attached hereto and made a part of this agreement as if set forth herein in full. 18. ?UBLIC AGENCY shall provide and submit to the STATE evidence to show present availability of matching funds for the PROJECT. 19. PUBLIC AGENCY, in connection with the performance of work and /or services under this agreement, agrees to comply with the rules and regulations which deal with or relate to nondiscrimination as set forth in the sheet marked "NONDISCRIMI- NATION CLAUSE ADDENDUM ", which is attached hereto and by reference incorporated herein. 20. PUBLIC AGENCY agrees that this agreement shall be of no force or effect until it shall have been approved by the DEPARTMENT OF GENERAL SERVICES, STATE OF CALIFORNIA. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CA STATE LIBRARY CONSTRUCTION AGREEMENT No. :L-357 Date: 10/13/87 -9- IN WITNESS WHERE OF, This agreement has been executed by and on behalf of the parties hereto, the day and year first above written. STATE OF CALIFORNIA CITY OF EL SEGUNDO (PUBLIC AGENCY) rnN:TvArTnv I NAME 'OF STATE AGENCY C�ifor:_a Stag Lihrar. Contractor (If other than an incividua= state whether a corporation, partnersh- CA._E: ABOVE ;Sti 7RT NAME, Al; ?..OR ZED SIGNATURE AUT R2ED SIG ATJRE :7,RY E. ` —� V T' `E Fred Sorsabal, Interim City Manager r PROGRAMA TEGORV (CODE AMC = E) (Contm,red on _ sheets wh,cA are hereby anoched and made hereof) I� o parr, 1 C r A - T i t 1 a T T DEPARTMENT OF GENERA_ SERVICES i AMOUNT ENCUMBERED FUND TITLE - USE ONLY Federal Trust UNENCUMBERED BA:ANCE 40i 10NA4 USE) FICA 0000 O r Code •" 1°� "A•s""� E'•��••� "•"'« (TEM CHAPTER STATUTE c.SCA, TEA 61 00-211-8 '90 321987 1987/8 Ae: o•c •c•vNC tv_,n.v...ce OBJECT OF Ez PE NDITURE ICODE AND TITLE) I Hereby Certify upon my own personal knowledge that T.&A NUMBER B R NUMBER budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER DATE I herebt Cemit M+a aN tond�wrrr lo. •. •^h nyl wr lorrh n SMh Idmwvmonw Mwrror $KTy. 1209 how' n ;o pkd .,rh and Ihn docrn.r.+r n Aae.npr n nor F•empr Irpn rene- by IAe r onrnenr of fr.onre SIGNATURE OFFICER SIGNING ON OE..A-F OF AGENCY 0 ATE • r ASSURANCES The Applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements, as they relate TO the apdrcatmn_ acceptance and use of Federal funds for the federally.assisied protect Also the Applicant assures and centdtes i IT possesses *ear authority to apply for the grant, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the acipl'catior., including all understandings and assurances contained therein. and detecting and authorizing the person rdenftf ewd as the Official representative of the applicant to act in connection with the application and to provide such additional information as may be required 2. IT will comply with Title VI of the Crvil Rights Act of 1964 (P.L W 352' and in accordance with Title Vi of that Act. no pemon in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denial the benefas Of. Or be otherwise sublecteL' to drSCrimirutbon under any program or activity for which the applicant receives Federal financla' ass stance and will immediately take any measures necessary to effectuate this agreement. 3. it will comply with Title Vt of the Civil Rights Act of 1964 1422 U S C 2000d; prohibiting employment discnminat,on where (i) the primary purpose of a grant is to provide employment or (21 di3crim+,nstory employmen! prances will result in unequa! Iru,.-%eni of persons who are or should be benefiting from the grant aided activity 4 it will comply wit?: Section 504 of the Rehabilitation Act of 1973, as amended 29 U S C 794 which prohibits discrimination on the basis of handicac in pr Dgraats and aclivrtres receiving Feders' financial assistance 5 It wit! comply with Title iX of the Education Amendments of 1972 as amended. 20 U S C 168: et sep , which prohibits discrimination On the bass of sex in education programs and activities receiving Fedlera: firdncN! assistance 6 It will comply with the Age Disarminat,on Act of 1975. as amended 42 U S C 6101 er seq , which prohibits discrimination on the basis of age in programs or activities receiving Feidera! financial assistance 7. it wit! comply wit*. requirements or the provisions of the Uniform Relocation Assistance and Rea! Property Acquisitions Act of 1970 1P.L 91.646 which provides lot far' and equitable treatment of persons displaced as a resuR of Fede•a' and fede• ally ass,sted progra s 8 It will comply with the provisions of the Hatch Act which limit the political activity of employees '9 It wit! comply with the minimum wage and maximum hours provisions of the Federa' Fay Labor Standards Ant, as they aDDly to hosp'ta: and educational mstitutior. employees of Stale and Iota' governments 10 It will establish safeguards 10 prohibit employees from using their positions for a purpose that is Or gives the aDnea'anre of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business. or other ties 11 It will give the sponsoring agency Or the Comptroller Genera' through any authorized representative the access to and the night to examine al! records. books papers, or documents related to the grant. 12 h will comply with al! requirements imposed by the Federal sponsoring agency concerning specie! requirements of lavl, . program regwfernenls, and other administrative requirements 13. It will insure that the facilities unde• Rs ownership, lease or supervision which shall be utrhred in the accomplishment of the project are not lisieC on the Environments: Protection Agency's (EPA: list of Violating Faulitios and that it wit! notify the Federal gfYntor agency of the ieceipl of any communication from the Director of the EPA Dffrce of Federal Activities indiutrng that a facility to be used in the project is under consideration for Irsting by the EPA 14 It will comply with the flood insurance purchase requirements of Section 102(al of the Flood D sastet Protection Act of 1973. P.L. 93 234. 87 Stall 975. approved December 31, 1976 Section 102!x! requires on or after March 2, 1975. the purchase of flood insurance in communities where such insurance is available' AS a condition for the receipt of any Federal financial assistance for construction or acqursition purposes for use in any area that has been identified by the Secretary of the Department of Housing aOd Urban^ Development as an area having specia! flood hazards The phase "Federal financial assistance" includes any form of ban. grant, guaranty. insurance payment, rebate, subsidy, disaster assistance loan or '41 grant, or any other form of direct Of indirect Federal assistance 15 It will assts• the Federal grontof agency in its compliance with Section 106 of the Nat.ona! Historic Preservation. Act of 1966 as amended (16 U S C 4701, Executive Order 11593 and tht Archeological and Historic Preservat-on Act of 1966 06 U S C 4694 1 At sep ) by (at consulting with the Slate Historic Preservation Off,cef on the conduct of invest -gal,ons. as necessary. to denUfy pfopert,es lived in or Nrg,ble for inclusion in the Nat,ona! Reg,stef of Historic Places that are subject to adverse affects Iaee 36 CFR Pan 800 81 by the activity. and notifying the Fedev' grantor agency of the existence of any such properties, and by (b) complying with •!t requifpn+ents established by the Federal grantor agency to avoid or mitigate adverse affects upon such properties 0 . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) SS I, Ronald L. Hart City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3523 was duly passed and adopted by the said City Council, approved and signed by the Mayor of . said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 1st day of March, 1988 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Jacobson, Schuldt, and West NOES: Councilmembers None ABSENT: Mayor Siadek WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 11th day of March, 1988 7-.Aj RONALD L. HART City Clerk of the City of El Segundo, California (SEAL)