Agenda packet — Baldwin Park City Council, April 6, 2022 (part 1 of 2)

NOTICE AND CALL
OF A

SPECIAL MEETING
OF THE

CITY COUNCIL

TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF

THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, April 6, 2022 at 5:00 PM.

Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.

NO OTHER BUSINESS WILL BE DISCUSSED
Posted: March 31, 2022.

Emmanuel J. Estrada
Mayor

AFFIDAVIT OF POSTING
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 31, 2022.

Marlen Garcia,
City Clerk
AGENDA

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 _ _
April 6, 2022
5:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0 dDFRjy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member

PLEASE TURN OFF ALL ELECTRONIC DEVICES

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.

COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda .

De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.

CALL TO ORDER:

ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on April 6 , 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your reques t in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public comm unications so that City business can be conducted, after which time, communications can resume.

OPEN SESSION/STUDY SESSION
None Listed.

RECESS TO CLOSED SESSION

1. Public Employment Evaluation
Pursuant to Government Code Section 54957:

Title: Chief Executive Officer/City Manager
Title: Accounting Manager

CITY COUNCIL
VIRTUAL SPECIAL MEETING – 5:00 P.M.

2. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park
Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21STCV07382 v. City of Baldwin Park
Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21STCV07429 James Gallegos v. City of Baldwin Park
Case Name: Tuan Le v. City of Baldwin Park Case No. 21STCV34473

3. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:

Potential Case(s): Three (3)

RECONVENE IN OPEN SESSION

REPORT FROM CLOSED SESSION

ADJOURNMENT

CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 6, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
AGENDA

BALDWIN PARK CITY COUNCIL

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 April 6, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.

PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda
or on any other matter within its jurisdiction.

In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunión.

City Council Agenda Page 2

CITY COUNCIL
REGULAR MEETING – 7:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members: Alejandra Avila , Monica Garcia, Paul C.

Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J.

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate in Recognition for the National Association for Bilingual Education 1st Place Essay Contest Recipient
Presented to Kiara Aparicio
• Certificate in Recognition for the California Association for Bilingual Education 1st Place Essay Contest Recipient
Presented to Stephanie Wang
• Certificate in Recognition of Sierra Vista High School 21 -22 Varsity Girls Montview Basketball League Champions
Presented to Girls Basketball Head Coach Sandra Dickering and Team • Donate for Life Proclamation
Presented to Jolene Vargas Onelegacy Ambassador
• Arbor Day Proclamation
Presented to the Recreation/Community Services Commission • Earth Day Proclamation
Presented to Keep Baldwin Park Beautiful Participants
City Council Agenda Page 3

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances ex ist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8 :00 PM on April 6, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during t he meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced ). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Meeting Minutes
Staff recommends that the City Council approve meeting minutes for the following City Council Meetings:

Special City Council Meeting of March 16, 2022.

Regular City Council Meeting of March 16, 2022.

3. Purchase Agreement with Gerkey Trust for NWC Joanbridge Street & Maine Avenue Property (APN 8536-016-001)
Staff recommends that the City Council to:

1. Approve the Purchase and Sale Agreement with Gerkey Trust for NWC Joanbridge Street and Maine Avenue Property (APN 8536-016-001); and

2. Authorize Chief Executive O fficer to Execute Agreement and any further documents necessary to complete the acquisition of the property; and

3. Authorize Finance Director to appropriate funds and make necessary amendments to complete transaction according to the Agreement.

4. Ratify and Adopt a Resolution Approving Temporary Employment for Silvia Godoy, Recreation Leader III
Staff recommends that the City Council approve Resolution 2022 -014 authorizing the Mayor to Execute a part -time, temporary employment agreement ; and authorize the Director of Finance to appropriate funding and make necessary amendments to the budget.

City Council Agenda Page 4

5. Approve a Resolution to add a New Part -Time Position of City Clerk Specialist to the Comprehensive City of Baldwin Park Pay Schedule
Staff recommends that the City Council approve Resolution No. 2022 -2015 to add the salary range and steps for the part -time City Clerk Specialist part time position to be effective, April 6, 2022; and authorize the Director of Finance to appropriate funding to cover this new proposed position and make necessary amendments to the budget.

6. Approval of an Agreement with Pri me Government Solutions Inc. for Legislative Management Suite
Staff recommends that the City Council:

1. Authorize the Mayor to execute a three -year agreement with Prime Government Solutions Inc. with an additional annual renewal option in an amount not to exceed $146,400 based on the sole source purchasing process per BPMC §34.23(B):

Bidding exceptions; and

2. Authorize Director of Finance to make all necessary appropriation and budget adjustments from the American Rescue Plan Act (ARPA) revenue replacement category.

7. Authorization to Enter into Lease Agreement for Two New Copy Machines Staff recommends that the City Council approve entering into a 60-month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Sharp copy machines.

8. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and CB 361
Staff recommends that the City Council adopt Resolution No. 2022 -016 to continue conducting City Council Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from April 6, 2022 through May 6, 2022) and re -evaluate the stat e of emergency every 30 days to mak e findings under the bill’s teleconferencing exemptions.

9. Second Reading of Ordinance No. 1469 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan”
Staff recommends that the City Council waive second reading and adopt Ordinance No. 1469, entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 1 53 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan”.

10. Second Reading of Ordinance No. 1470 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Amending Ch apter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets” Staff recommends that the City Council waive second reading and adopt Ordinance No. 1470, entitled: “An Ordinance of the City Council of the City of Baldwin Park, Cali fornia, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets”.

City Council Agenda Page 5

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION
Request by Mayor Emmanuel J. Estrada
• Mayor Estrada requests discussion and direction to start a strategic plan with HOME ARPA funds that includes legal and service partnerships. • Mayor Estrada requests discussion regarding a June Pride event hosted by the City of Baldwin Park.

Request by Council Member Monica Garcia
• Council Member Garcia requests community outreach to inform the business community along Ramona Boulevard and the community at-large of the proposed street closure of little Maine for Zocalo Plaza. Engage as follows:

1. Community developm ent staff to walk the businesses along Ramona Blvd and Sterling Way, specifically those abutting the proposed Zocalo Plaza, and personally invite the managers/owners to upcoming community meetings. Leave behind materials that show the proposed improvements and street closure.

2. Send postcards with proposed plaza and street closure to residents as per City Planning protocols for community development projects (500 foot radius).

3. Display plaza design and announce street closure in the NOW newsletter for the community at-large.

4. Post materials on city social media outlets.

All of this to engage with and inform the community regarding the street closure of little Maine which has been heavily utilized by constituents across the city.

Request by Council Member Paul C. Hernandez
• Council Member Hernandez requests discussion to explore the creation of Baldwin Park Youth Commission to provide insights and needs to the city, help build leadership skills, prepare for a professional career in public or community service, an d obtain a unique insight into how local government functions ; and discuss with the Chief of Police expanding and revamping the Reserve Officer Program. Allow for retired officers to support various functions of the department and train residents to become Reserve Officers.

ADJOURNMENT
City Council Agenda Page 6

CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31st day of March, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City C lerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) _________ ________

STAFF REPORT
ITEM NO. 1
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: April 6, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $1,052,695.39 and the attached General Warrants Register was $1,543,626.58 for a total amount of $2,596,321.97.

BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released:

1. The last payroll of the City of Baldwin Park consists of check numbers 201336 to 201363 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 31776 to 32251 for the period February 20, 2022 through March 19, 2022, inclusive; these are presented and hereby ratified in the amount of $1,052,695.39.

2. General Warrants, with the bank drafts in the amount of $615,461.88 and checks from 235516 to 235728 in the amount of $928,164.70 for the period of March 3, 2022 to March 24, 2022, 2022, inclusive; in the total amount of $1,543,626.58 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Check Register

________ _______

STAFF REPORT
ITEM NO. 2
TO: Honorable Mayor and Members of the City Council
FROM: Lourdes Morales, Chief Deputy City Clerk
DATE: April 6, 2022
SUBJECT: Meeting Minutes

SUMMARY
The City Council held Special and Regular City Council Meetings on the dates listed below.

RECOMMENDATION
Staff recommends that the City Council approve meeting minutes for the following City Council Meetings:

Special Regular City Council Meeting of March 16, 2022.

Regular City Council Meeting of March 16, 2022.

FISCAL IMPACT
There is no fiscal impact associated with this item.

BACKGROUND
Not applicable

ALTERNATIVES
Not applicable

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Special City Council Meeting of March 16, 2022.

2. Regular City Council Meeting of March 16, 2022.

Special Meeting of 03/02/22 Page 1 of 2

MINUTES

BALDWIN PARK CITY COUNCIL VIRTUAL STUDY SESSION

AND SPECIAL MEETING
March 16, 2022 5:00 P.M.

COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

CALL TO ORDER
The meeting was called to order at 5:01 PM by Mayor Estrada.

ROLL CALL
City Clerk Garcia performed roll call:

PRESENT:

Council Member Daniel Damian
Council Member Monica Garcia
Council Member Paul C. Hernandez
Mayor Pro Tem Alejandra Avila
Mayor Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at 5:05 PM.

Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:05 PM.

OPEN SESSION/STUDY SESSION
None listed.

The City Council recessed into closed session at 5:05 PM.

RECESS TO CLOSED SESSION

1. Public Employment Evaluation
Pursuant to Government Code Section 54957:

Title: Chief Executive Officer/City Manager

2. Real Property Negotiations Pursuant to Government Code §54956.8:

A. Property: NW Joanbridge St. & Maine Ave.

Parcel No: 8536-016-001
Negotiating Parties: City of Baldwin Park and Peter Piston, Commercial Realty
Special Meeting of 03/02/22 Page 2 of 2

3. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

4. Conference With Legal Counsel—Anticipated Litigation _______________________
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:
___________________
Potential Case(s): Eight (8)

RECONVENE IN OPEN SESSION
The City Council reconvened into open session regular meeting at 7:03 PM pending closed session items.

The City Council recessed again into closed session at 10:00 PM and reconvened into open session at 10:30 PM

REPORT ON CLOSED SESSION
City Attorney Robert N. Tafoya announced the City Council granted an upgrade to Chief Executive Officer/City Manager to step four of the salary schedule and as set forth in the employment contract. This action was moved by Council Member Garcia, seconded by Council Member Avila and approved unanimously 5/0.

ADJOURNMENT
There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Damian, to adjourn the meeting at 10:45 PM.

Emmanuel J. Estrada, Mayor
ATTEST:

Marlen Garcia, City Clerk
APPROVED:

MINUTES

BALDWIN PARK CITY COUNCIL VIRTUAL REGULAR MEETING
March 16, 2022, 7:00 P.M.

COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

CALL TO ORDER
The meeting was called to order 7:06 PM by Mayor Estrada.

INVOCATION
The invocation was provided by City Treasurer Marie Contreras.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief of Police Robert A. Lopez.

ROLL CALL
City Clerk Garcia performed roll call:

MEMBERS PRESENT:

Council Member Alejandra Avila
Council Member Monica Garcia
Council Member Paul C. Hernandez
Mayor Pro Tem Daniel Damian
Mayor Emmanuel J. Estrada

ANNOUNCEMENTS
The Mayor stated City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

Council Member Avila closed on behalf Father Mike’s father and teacher and coworker Daniel who lost his father.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
 San Gabriel Valley Regional Housing Trust Updates and Accomplishments Presented by Marisa Creter, Executive Director
Regular Meeting of 3/16/22 Page 2 of 7
Marisa Creter and Brielle Acevedo provided the City Council with an updated on accomplishments made through the SGVRHT and highlighted the amount of funding provided to the City to address homelessness issues.  Plaque in Recognition of Years of Service for Public Works Engineering Manager John Beshay
City Staff and City Council congratulated John and wished him luck in the immediate future.
 Retirement Plaque in Recognition of Years of Service for Sergeant Michael Hemenway
City Staff and City Council congratulated Sergeant Hemenway for the years of service he gave to the community and wished him the best in his retirement.

PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at 7:50 PM.

John Rios thanked code enforcement for tackling street vending and applauded Anthony in Public Works for his hard work.

Katherine Loeser provided library updates.

Mayor Estrada closed public communications at 8:05 PM.

CONSENT CALENDAR
All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion.

Item No.’s 5, 6, and 9 were pulled from the consent calendar for separate consideration.

MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to approve the remainder of the Consent Calendar. Motion carried by unanimous consent 5/0.

1. City of Baldwin Park’s Warrants and Demands
The City Council ratified the attached Warrants and Demands Register.

2. Treasurer’s Report – January 2022
The City Council received and filed the Treasurer’s Report for January 2022.

3. Meeting Minutes
The City Council approved meeting minutes for the Special Meetings of February 16, 2022 and March 2, 2022.

Regular Meeting of 3/16/22 Page 3 of 7

4. Approve the City of Baldwin Park’s Commitment to Implement Diversity, Equity and Inclusion Policy and Program (DEI) in Fiscal Year 2022/23 The City Council provided direction and approved a statement of the City’s commitment to implement a diversity, equity and inclusion Policy Program (DEI).

Pulled for Separate Consideration

5. Approval of Police Officer Hiring Incentive
Council Member Hernandez requested the incentive be offered to all City Staff.

MOTION: It was moved by Council Member Hernandez, seconded by Mayor Pro Tem Damian to approved a monetary incentive for (1) the hiring of police officer and (2) for full- time City employees who successfully recruit a police officer; and authorize the Director of Finance to appropriate the $100,000 from the General Fund and to make the necessary budget adjustments; and instruct the HR Director to amend the personnel rules as appropriate to reflect the intent and approval of the City Council. Motion carried by unanimous consent 5/0.

Pulled for Separate Consideration

6. Request for Authorization to Purchase six (6) Motorola Solutions Apex 800 P25 Complaint Portable Radios
Council Member Hernandez asked the department if they were part of the JPA like City of LA?
MOTION: It was moved by Council Member Hernandez, seconded by Mayor Pro Tem Damian to waive the formal bid procedures per the City’s Purchasing Ordinance; and authorized the Police Department to purchase the requested six Motorola radios and accessories; and authorized the Director of Finance to appropriate $51,789 from the State Homeland Security Program Grant and to make the necessary budget adjustments; and authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. Motion carried by unanimous consent 5/0.

7. Approval of Agreement with Learning Enrichment After-School Program, Inc. (dba Leap) for the Summer Lunch Program
The City Council authorized the Director of Recreation & Community Services to executive the Agreement with Learning Enrichment After-School Program, Inc. and associated documents related to the Program; and authorize the Director of Finance to appropriate and make necessary amendments to the budget.

8. Appropriate and Approve the Purchase of Appliances for Recreational Facilities from Arrow Restaurant Equipment and Home Depot
The City Council approved the purchase of appliances form Arrow Restaurant Equipment and Home Depot; and authorize the Director of Finance to appropriate the ARPA Fund and make necessary amendments to the budget.

Regular Meeting of 3/16/22 Page 4 of 7
Pulled for Separate Consideration

9. Approval of Mental Health Awareness Walk, Fair & Car Show Budget Appropriation Mayor Estrada requested a total appropriation of $40,000 be allocated to this program to ensure enough funding was reserved for this event.

MOTION: It was moved by Mayor Estrada, seconded by Council Member Hernandez to approved the Mental Health Walk, Fair & Car Show proposed budget of $40,000; and approve all entry fees to be donated to Baldwin Park High School and Sierra Vista High School Bands equally; and authorized the Director of Finance to appropriate funding from the ARPA Fund and make necessary budget adjustments. Motion carried by unanimous consent 5/0.

10. Approve Final Tract Mao No. 833328 to Consolidate Two (2) Existing Single-Family Lots for the Creation of Eleven (11) Attached Condominium Townhome Units and One (1) Common Lot
The City Council accept the Final Tract Map No. 83328 and authorize the City Clerk and staff to sign the Final Tract Map.

11. Accept Construction Improvements, Approve Cooperative Agreement with the City of Irwindale, and Authorize the Filing of Notice of Completion for City Project, CIP 20-37 Major and Residential Streets Rehabilitation Project The City Council accepted the construction improvements by Onyx Paving Company, Inc. and authorize the recordation of a Notice of Completion for City Project No. CIP 20-37; and approve and authorize CEO to execute Cooperative Agreement with the City of Irwindale for an amount of $41,424.70; and authorize the Director of Finance to deposit $41,424.70 into the project funding and to make the necessary budget adjustments to create a new project account for the expenditures related to the project; and authorize an appropriation in the amount not-to-exceed $10,776.50 from Fund #256 to Account #256- 50-520-58100-15082 for additional work-related project Inspection and construction; and authorize the release of retention funds in the amount of $81,700 to Onyx Paving Company, Inc. upon the expiration of 35-day notice period.

12. Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and Associates, Inc.

The City Council approved an amendment to the Consultant Services Agreement approved as to form by the City Attorney between the City of Baldwin Park and Lorraine Mendez and Associates, Inc., to complete the following items: FY 2019/20 Annual Plan Cares Act Substantial Amendment; HOME ARP Allocation Plan; FY 2022-2023 Annual Action Plan; Other HUD Programs Administration tasks including, but not limited to, assistance with HUD Monitoring response, 2021/22 CAPER; and directed the Chief Executive Officer and the City Attorney to prepare and execute the amendment with Lorraine Mendez and Associates, Inc.; and authorized the Director of Finance to appropriate the funds and budget amendment accordingly.

Regular Meeting of 3/16/22 Page 5 of 7

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED

COMMUNITY DEVELOPMENT COMMISSION

CONSENT CALENDAR
MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to approve the Successor Agency Consent Calendar. Motion carried by unanimous consent 5/0.

SA-1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board ratified the attached Warrants and Demands Register.

SA-2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer’s Report – January 2022 The Board received and filed the Treasurer’s Report for January 2022.

PUBLIC HEARING

13. A Request to the City Council from the Planning Commission on Multiple Zoning and General Plan Land Use Changes which would Achieve Consistency with the Downtown Specific Plan (Location: City’s Downtown Area; Applicant: City of Baldwin Park; Case Numbers: SP 22-01, GPA 22-01 and ZC 22-01) Mayor Estrada opened the public hearing at 8:19 PM, seeing no one wishing to speak in favor or opposition of the item, Mayor Estrada closed the public hearing at 8:19 PM.

Acting Director of Community Development Ron Garcia provided an overview via a power point presentation of the proposed downtown specific plan.

MOTION: It was moved by Mayor Estrada, seconded by Council Member Garcia to adopt City Council Resolution 2022-012 entitled, “A Resolution of the City Council of the City of Baldwin Park, California Adopting the Findings of Fact and Approving General Plan Land Use Amendments to Achieve Consistency with the Downtown Specific Plan”; and”; and introduce for first reading, by title only, Ordinance entitled: “An Ordinance of the City Council of the City of Baldwin Park Amending Chapter 153 of the Municipal Code (Zoning Ordinance) As it Pertains to Implementation of the Baldwin Park Downtown Specific Plan”. Motion carried by unanimous consent 5/0.

REPORTS OF OFFICERS

14. Baldwin Park Resident Owned Utility District (BPROUD) Program-Decertification and Reversion Process-Summary Report
MOTION: It was moved by Mayor Estrada, seconded by Council Member Garcia to adopt and approve the City Council Resolution No. 2022-013 and authorize the Chief Executive Officer to submit a final letter of withdrawal as an associate member of CalChoice; and approved an amendment to the City’s Administrative Services Agreement (ASA) with CalChoice and its family of consultants that will reduce the monthly fee roughly from $55,000 monthly to $36,000 monthly and terminating at the end of June 2022, granting Regular Meeting of 3/16/22 Page 6 of 7
the Chief Executive Officer authorization to make minor adjustments to the contract prior to final execution, while keeping to the material, Council approval intact; and recognized the fund proceeds received from the disposition of the BPROUD energy contracts in its portfolio; and authorized the CEO and Director of Finance to transfer the proceeds from the BPROUD Lockbox to the General Fund (Fund #100) and the Future Development Fund (Fund #200) for any costs, transfers and loans incurred from these funds as deemed appropriate upon final payment of energy supply and other related invoices; and authorized the CEO to take any and all actions necessary to effectuate the deregistration process, including, but not limited to, submitting a final letter to the CPUC attesting to the completion of the deregistration process and requesting CPUC concurrence with a statement of further regulatory compliance obligations as a decertified CCA no longer serving load, and obtaining verification and certification of all remaining compliance obligations, such as Renewables Portfolio Standard requirements; and authorized the CEO, Director of Finance, and City Attorney to effectuate any administrative agreements with SCE that would settle and resolve outstanding receivables from former BPROUD customers that would remain beyond June 2022; and recognized that the City will take custody of all customer data (electronic form) related to BPROUD held by Calpine and will safeguard the data in accordance with CPUC and City data retention guidelines; and recognized the recall and release of the BPROUD Letter of Credit deposit of $147,000 held by the River City Bank for the benefit of SCE and returned to the City upon SCE confirmation of the completion of the reversion and acknowledgement by the CPUC; and recognized the receipt of $112K provided to BPROUD by the State’s Customer Arrearage Relief Program (CAPP); and authorized the CEO to enter into a subsequent agreement with Direct Energy Business Marketing, LLC/NRG (DEBM/NRG) who will act as the scheduling coordinator for the City of Baldwin Park for California Independent Service Operator (CAISO) related energy settlements from the scheduling and actual usage of energy during the time that BPROUD was serving customers, that will take place for several months beyond the actual delivery of energy to BPROUD customers; and authorized the Director of Finance to continue the banking relationship with River City Bank for BPROUD “lockbox” security services until such time as not required pursuant to contractual obligations; and established a standing communication forum between City Staff and SCE that will facilitate and ensure that the service needs of Baldwin Park residents are always addressed.

15. Introduction of Ordinance entitled: “An Ordinance of the City Council of the City of Baldwin Park, California Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets”
MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to introduced for first reading, by title only, Ordinance entitled, “An Ordinance of the City Council of the City of Baldwin Park, California amending Chapter 73 of the Baldwin Park Municipal Code relating to speed limits on certain streets”. Motion carried by unanimous consent 5/0.

Regular Meeting of 3/16/22 Page 7 of 7
__________________________

16. Request for Direction Regarding City Council Term Limits MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to conduct a survey of surrounding cities that have approved term limits including the Mayor/City Council structure, City Clerk, and City Treasurer and report back at a later meeting.

Motion carried by unanimous consent 5/0.
___________________

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION
Mayor Estrada requested the city use ARPA funding to assist the Boys and Girls Club; collaborate with other agencies to improve the air quality; and wished the Director of Recreation Manny Carrillo a Happy Birthday.

The City Council recessed back into Closed Session at 10:00 and reconvened into open session at 10:30 PM.

ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Mayor Pro Tem Damian, to adjourn the meeting at 10:32 PM.

Mayor:

ATTEST:

Emmanuel J. Estrada, Mayor
Marlen Garcia, City Clerk
APPROVED:

ITEM NO. 3________

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: April 6, 2022
SUBJECT: Purchase Agreement with Gerkey Trust for NWC Joanbridge Street & Maine Avenue Property (APN 8536-016-001)

SUMMARY
The purpose of this staff report is for the City Council to consider approval of a Purchase Agreement with Gerkey Trust for Northwest Corner (NWC) Joanbridge Street and Maine Avenue Property (APN 8536- 0016-001.)

RECOMMENDATION
Staff recommends that the City Council to:

1. Approve the Purchase and Sale Agreement with Gerkey Trust for the NWC Joanbridge Street and Maine Avenue Property (APN 8536-016-001); and

2. Authorize Chief Executive Officer to Execute Agreement and any further documents necessary to complete the acquisition of the property; and

3. Authorize Finance Director to appropriate funds and make necessary budget amendments to complete transactions according to the Agreement.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The funding of $100,000 will come from Fund 234 (Quimby Fund) and $555,983.00 will come from Fund 210 (Community Enhancement Funds) for a total of $655,983.00 which includes the following fees: testing, recording, insurance, tittle, appraisal, and any other associated fees in connection with the purchase of the property.

BACKGROUND
At their March 2, 2022, Special City Council Meeting, City Council considered acquisition of the NWC Joanbridge Street and Maine Avenue property (APN 8536-0016-001). Staff was directed to proceed with the acquisition of said property contingent soil clearance test results. On March 22, 2022, the city received test clearance for the Limited Geotechnical Study and Environmental as requested. The original sale price of the property was $658,000.00, the negotiated price was $645,000.00. The acquisition of the 8,342 SF lot will be a future park development to the City’s open green space inventory and create usable open park space. Once the transaction is completed, Staff will coordinate a series of Community Engagement Meetings to develop a conceptual rendering for the project to be ready to apply for various upcoming development grant opportunities.

ALTERNATIVES
The alternative would be that the City Council may choose not to approve the Agreement.

LEGAL REVIEW
The report has been reviewed and approved by the City Attorney as to legal form.

ATTACHMENTS

1. Purchase and Sales Agreement

_______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 1 of 10
_

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(Vacant Land)
Dated: March 15, 2022

1. Buyer.

1.1 City of Baldwin Park ,( "Buyer") hereby oﬀers to purchase the real property, hereinaŌer described, from the owner thereof ("Seller") (collecƟvely, the "ParƟes" or individually, a "Party"), through an escrow ("Escrow") to close 30 or 21 days aŌer the Date of Agreement or sooner waiver or saƟsfacƟon of the Buyer's ConƟngencies, ("Expected Closing Date") to be held by Commerce Escrow ("Escrow Holder") whose address is 1055 Wilshire Blvd #1000, Los Angeles, CA 90017 , Phone No. (213) 484-0855 ,F acsimile No. - upon the terms and condiƟons set forth in this agreemen t ("Agreement"). Buye r shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligaƟons herein unless Seller expressly releases Buyer.

1.2 The term "Date of Agreement" as used herein shall be the date when by execuƟon and delivery (as deﬁned in paragraph 20.2) of this document or a subsequent counteroﬀer thereto, Buyer and Seller have reached agreement in wriƟng whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both ParƟes.

2. Property.

2.1 The real property ("Property") that is the subject of this oﬀer consists of (insert a brief physical descripƟon) a vacant land parcel NWC of Joanbridge Street and Maine Avenue is located in the County of Los Angeles , is commonly known as (street address, city, state, zip) NWC of Joanbridge Street and Maine Avenue, Baldwin Park, CA 91706 and is legally described as: provided through Escrow (APN: 8536-016-001 .)

2.2 If the legal descripƟon of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal descripƟon shall be completed or corrected to meet the requirements of First American Title Company - Jeff Dasse ("Title Company"), which shall issue the Ɵtle policy hereinaŌer described.

2.3 The Property includes, at no addiƟonal cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: none (collecƟvely, the "Improvements").

2.4 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and none all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price (" Purchase Price") to be paid by Buyer to Seller for the Property shall be $645,000.00 , or (complete only i f purchase price will be determined based on a per unit cost instead of a ﬁxed price) per unit. The unit used to determine the Purchase Price shall be:
lot acre square foot other proraƟng areas of less than a full unit. The number of units shall be based on a calculaƟon of total area of the Property as cerƟﬁed to the ParƟes by a licensed surveyo r in accordance with paragraph 9.1(g). However, the following rights of way and other areas will be excluded from such calculaƟon: . The Purchase Price shall be payable as follows:
(Strike any not applicable)
(a) Cash down payment, including the Deposit as deﬁned in paragraph 4.3 (or if an all cash transacƟon, the Purchase Price):
$645,000.00
(b) Amount of "New Loan" as deﬁned in paragraph 5.1, if any:
(c) Buyer shall take Ɵtle to the Property subject to and/or assume the following exisƟng deed(s) of trust ("ExisƟng Deed(s) of Trust") securing the exisƟng promissory note(s) ("ExisƟng Note(s)"):
(i) An ExisƟng Note ("First Note") with an unpaid principal balance as of the Closin g of approximately:

Said First Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the enƟre unpaid balance is due on ). (ii) An ExisƟng Note ("Second Note") with an unpaid principal balance as of the Closing of approximately:

Said Second Note is payable at per month, including interest at the rate of % per annum unƟl paid (and/or the enƟre unpaid balance is due on ). (d) Buyer shall give Seller a deed of trust (" Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6( "Purchase Money Note") in the amount of:

3.2 If Buyer is taking Ɵtle to the Property subject to, or assuming, an ExisƟng Deed of Trust and such deed of trust permits the beneﬁciary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condiƟon to the transfer of the Property, Buyer agrees to pay such fees up to a

_______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 2 of 10
_
maximum of 1.5% of the unpai d principal balance of the applicable Exis Ɵng Note.

4. Deposits.

4.1 Buyer has delivered to Broker a check in the sum of , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or within 2 or - business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $19,350.00 . If said check is not received by Escrow Holder within said Ɵme period then Seller may elect to unilaterally terminate this transacƟon by giving wriƩen noƟce of such elecƟon to Escrow Holder whereupo n neither Party shall have any further liability to the othe r under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer.

4.2 AddiƟonal deposits:
(a) Within 5 business days aŌer the Date of Agreement, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing.
(b) Within 5 business days aŌer the conƟngencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing. (c) If an AddiƟonal Deposit is not received by Escrow Holder within the Ɵme period provided then Seller may noƟfy Buyer, Escrow Holder, and Brokers, in wriƟng that, unless the AddiƟonal Deposit is received by Escrow Holder within 2 business days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

4.3 Escrow Holder shall deposit the funds deposited with it by Buye r pursuant to paragraphs 4.1 and 4.2 (collecƟvely the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the Ɵming requirements of this transacƟon. The interest therefrom shall accrue to the beneﬁt of Buyer, who hereby acknowledges that there may be penalƟes or interest forfeitures if the applicable instrument is redeemed prior to its speciﬁed maturity. Buyer's Federal Tax IdenƟﬁcaƟon Number is TBD . NOTE: Such interest bearing account cannot be opened unƟl Buyer's Federal Tax IdenƟﬁcaƟon Number is provided.

4.4 Notwithstanding the foregoing, within 5 days aŌer Escrow Holder receives the monies described in paragrap h 4.1 above, Escrow Holder shall release $10 0 of said monies to Seller as and for independen t consideraƟon for Seller's' execuƟon of this Agreement and the granƟng of the conƟngency period to Buyer as herein provided. Such independent consideraƟon is non‐refundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed.

4.5 Upon waiver of all of Buyer' s conƟngencies the Deposit shall become non‐refundable but applicable to the Purchase Price excep t in the event of a Selle r breach, or in the event that the Escrow is terminated pursuan t to the provisions of Paragraph 9.1(n) (DestrucƟon, Damage or Loss) or 9.1(o) (Material Change).

5. Financing ConƟngency. (Strike if not applicable)

5.1 This oﬀer is conƟngent upon Buyer obtaining from an insurance company, ﬁnancial insƟtuƟon or other lender, a commitment to lend to Buyer a sum equal to at least % of the Purchase Price, on terms acceptable to Buyer. Such loan ("New Loan") shall be secured by a ﬁrstd eed of trusto r mortgageo n the Property. If this Agreement provides for Seller to carry back junior ﬁnancing, then Seller shall have the right to appr ove the terms of the New Loan. Seller shall have 7 days from receipt of the commitment seƫng forth the proposed terms of the New Loan to approve or disapprove of such propose d terms. If Seller fails to no Ɵfy Escrow Holder, in wriƟng, of the disapproval within said 7 days it shall be conclusively presumed that Seller has approved the terms of the New Loan.

5.2 If Buyer shall fail to noƟfy its Broker, Escrow Holder and Seller, in wriƟng within days following the Date of Agreement, that the New Loan has not been obtained, it shall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan con Ɵngency.

5.3 If Buyer shall noƟfy its Broker, Escrow Holder and Seller, in wriƟng, within the Ɵme speciﬁed in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreement shall be terminated, and Buyer shall be enƟtled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellaƟon fees and costs, which Buye r shall pay.

6. Seller Financing. (Purchase Money Note). (Strike if not applicable)

6.1 If Seller approves Buyer's ﬁnancials (see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of % per annum, with principal and interest paid as follows: . The Purchase Money Note and Purchase Money Deed of Trust shall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the Exis Ɵng Note(s) and/or the New Loan expressly called for by this Agreemen t.

6.2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)):
(a) Prepayment. Principal may be prepaid in whole or in part at any Ɵme without penalty, at the opƟon of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respec t to any payment of principal, interest, or other charges, not made within 10 day s aŌer it is due.
(c) Due On Sale. In the event the Buyer sells or transfers Ɵtle to the Property or any porƟon thereof, then the Seller may, at Seller's opƟon, require the enƟre unpaid balance of said Note to be paid in full.

6.3 If the Purchase Money Deed of Trust is to be subordinate to other ﬁnancing, Escrow Holder shall, at Buyer' s expense prepare and record on Seller's behalf a request for noƟce of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate.

6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY.

6.5 Seller's obligaƟon to provide ﬁnancing is conƟngent upon Seller's reasonable approval of Buyer's ﬁnancial condiƟon. Buye r to provide a current ﬁnancial statement and copies of its Federal tax returns for the last 3 year s to Seller within 10 day s following the Date of Agreement.S e l l e r h a s 1 0 d a ys following receipt of such documentaƟon to saƟsfy itself with regard to Buyer's ﬁnancial condiƟon and to noƟfy Escrow Holder as to whether or not Buyer's ﬁnancial condiƟon is acceptable. If Seller fails to no Ɵfy Escrow Holder , in wriƟng, of the disapproval of this con Ɵngency within said Ɵme period, it shall be conclusively presumed that Seller has approved Buyer's ﬁnancial condiƟon. If Seller is not sa Ɵsﬁed with Buyer's ﬁnancial condiƟon or if Buyer fails to deliver the required documentaƟon then Seller may noƟfy Escrow Holder in wri Ɵng that Seller Financing will not be available, and Buye r shall have the opƟon, within 10 days of the receipt of such noƟce, to either terminate this transacƟon or to purchase the Property without Seller ﬁnancing. If Buyer fails to no Ɵfy Escrow Holder within said Ɵme period of its elecƟon to terminate this transacƟon then Buyer shall be conclusively presumed to have elected to purchase the Property without Seller ﬁnancing. If Buyer elects to terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancella Ɵon fees and costs, all of which shall be Buyer' s obligaƟon. _______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 3 of 10
_

7. Real Estate Brokers.

7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency RelaƟonship, conﬁrms and consents to the following agency relaƟonships in this transacƟon with the following real estate broker(s) ("Brokers") and/or their agents (“Agent(s)”):

Seller's Brokerage Firm interPres Commercial Realty License No. 01774875 is the broker of (check one): the Seller; or both the Buyer and Seller (dual agent).

Seller's Agent Peter Pistone/Sandy Gonzalez License No. 01007013,02097966 is (check one): the Seller's Agent (salesperson or broker associate); or both the Seller's Agent and the Buyer's Agent (dual agent).

Buyer's Brokerage Firm Keller Williams Covina License No. 01970316 is theb roker of (checko ne): theB uyer; or both the Buyer and Seller (dual agent).

Buyer's Agent Carolina Ruiz Wills License No. 01275776 is (check one): the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent (dual agent).

The ParƟes acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents represenƟng the ParƟes or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connec Ɵon with any and all nego ƟaƟons and oﬀers with respect to the Property for a perio d of 1 year from the date inserted for reference purpose s at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealing s with any person, ﬁrm, broker, agent or ﬁnder in connecƟon with the negoƟaƟon of this Agreement and/or the consummaƟon of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, ﬁrm or enƟty, other than said Brokers and Agents is/are enƟtled to any commission or ﬁnder's fee in connecƟon with this transacƟon as the result of any dealing s or acts of such Party. Buye r and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensaƟon, commission or charges w h i c hm a yb ec l a i m e db ya n yb r o k e r , a g e n t, ﬁnder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.

8. Escrow and Closing.

8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroﬀers incorporated herein by the ParƟes, shall consƟtute not only the agreemen t of purchase and sale between Buye r and Seller, but also instrucƟons to Escrow Holder for the consumma Ɵon of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instrucƟons restaƟng or amending the Agreement unless speci ﬁcally so instructed by the ParƟes or a Broker herein. Subject to the reasonable approval of the ParƟes, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any con ﬂict between the provisions of the Agreement and the provisions of any addiƟonal escrow instrucƟons the provisions of the Agreemen t shall prevail as to the ParƟes and the Escro w Holder.

8.2 Ass oon asp racƟcal aŌer the receipt of this Agreement and any relevant counteroﬀers, Escrow Holder shall ascertain the Date of Agreement as deﬁned in paragraphs 1.2 and 20.2 and advise the ParƟes and Brokers, in wriƟng, of the date ascertained.

8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and prac Ɵce of the community in which Escrow Holder is located, includin g any reporƟng requirements of the Internal Revenue Code. In the event of a con ﬂict between the law o f the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shallp revail.

8.4 Subject to saƟsfacƟon of the conƟngencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents require d to be recorded, and by disbursing the funds and documents in accordance with this Agreement.

8.5 Buyer and Seller shall each pay one ‐half of the Escrow Holder's charge s and Seller shall pay the usual recordin g fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protecƟon policy of Ɵtle insurance. (See also paragraph 11.)

8.6 Escrow Holder shall verify that all of Buyer's conƟngencies have been saƟsﬁed or waived prior to Closing. The maƩers contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g) , (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, ma Ʃers of agreement between the ParƟes only and are not instrucƟons to Escrow Holder.

8.7 If this transacƟon is terminated for non‐saƟsfacƟon and non‐waiver of a Buyer's ConƟngency, as deﬁned in Paragraph 9.2 or disapproval of any other maƩer subject to Buyer's approval, then neither of the Par Ɵes shall thereaŌer have any liability to the other under this Agreement, except to the extent of a breach o f any aﬃrmaƟve covenant or warranty in this Agreement. In the event of such termina Ɵon, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provide d for in paragraph 4.4 and the Title Company and Escrow Holder cancella Ɵon fees and costs, all of which shall be Buyer's obligaƟon. If this transacƟon is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellaƟon fees and costs.

8.8 The Closing shall occur on the Expecte d Closing Date, or as soon thereaŌer as the Escrow is in condi Ɵon for Closing; provided, however, that if the Closing does not occur by the Expecte d Closing Date and said Date is not extended by mutual instruc Ɵons of the ParƟes, a Party not then in default under this Agreemen t may noƟfy the other Party, Escrow Holder, and Brokers, in wriƟng that, unless the Closing occurs within 5 business days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.

8.9 Except as otherwise provided herein, the terminaƟon of Escrow shall not relieve or release either Party from any obliga Ɵon to pay Escrow Holder's fees and costs or consƟtute a waiver, release or discharge of any breach or default that has occurred in the performance of the obliga Ɵons, agreements, covenants or warranƟes contained therein.

8.10 If this Escrow is terminated for any reason othe r than Seller's breach or default, then as a condi Ɵon to the return of Buyer' s deposit, Buyer shall within 5 days aŌer wriƩen request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.

9. ConƟngencies to Closing. (see Addendum Paragraph 29)

9.1 The Closing of this transacƟon is conƟngent upon the saƟsfacƟon or waiver of the followin g conƟngencies. IF BUYER FAILS TO NOTIFY ESCROW HOLDER,

IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE T IME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYE R HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's condi Ɵonal approval shall consƟtute disapproval, unless provision is made by the Seller within the Ɵme speciﬁed therefore by the Buyer in such condi Ɵonal approval or by this Agreement, whichever is later, for the sa ƟsfacƟon of the condiƟon imposed by the Buyer .

Escrow H o l d e rs h a l lp r o m p t l yp r o v i d ea l lP a rƟes with copies of any wriƩen disapproval or condiƟonal approval which it receives. With regar d to subparagraphs (a) through (m) the pre‐printed Ɵme periods shall control unless a di ﬀerent number of days is inserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR CRE ("AIR") standard form enƟtled _______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 4 of 10
_
"Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property InformaƟon Sheet ("Property InformaƟon Sheet") concerning the Property, duly executed by or on behalf of Seller in the current f orm or equivalent to that published by the AIR within 10 or 2 days following the Date of Agreement. Buye r has 10 days from the Date of Agreement receipt of said disclosures to approve or disapprove the maƩers disclosed. (b) Physical InspecƟon. Buyer has 10 or - days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regar d to the physical aspects and size of the Property. (c) Hazardous Substance CondiƟons Report. Buyer has 30 or - days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regar d to the environmental aspects of the Property. Seller recommends that Buye r obtain a Hazardous Substance CondiƟons Report concerning the Property and relevant adjoining proper Ɵes. Any such report shall be paid for by Buyer. A " Hazardous Substance" for purposes o f this Agreement is deﬁned as any substance whose nature and/or quan Ɵty of existence, use, manufacture, disposal or e ﬀect, render it subject to Federal, state or local regulaƟon, invesƟgaƟon, remediaƟon or removal as potenƟally injurious to public health or welfare. A " Hazardous Substance CondiƟon" for purposes of this Agreement is deﬁned as the existence on, under or relevantly adjacen t to the Property of a Hazardous Substance that would require remediaƟon and/or removal under applicable Federal, state or local law.
(d) Soil InspecƟon. Buyer has 30 or - days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regard to the condiƟon of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buye r copies of any soils report that Seller may have within 10 days following the Date of Agreement. (e) Governmental Approvals. Buyer has 30 or - days following the Date of Agreement to saƟsfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdicƟon over the Property and which Buye r deems necessary or desirable in connec Ɵon with its intended use of the Property, including, but not limited to, permit s and approvals required with respect to zoning, planning, building and safety, ﬁre, police, handicapped and Americans with DisabiliƟes Act requirements, transportaƟon and environmental maƩers.

NOTE: Past uses of the Property may no longer be allowed. In the event that the Property must be rezoned, it is Buyer's responsibility to obtain the rezoning from the appropriate government agencies.S e l l e r s h a l l s i gn all documents Buyer is required to ﬁle in connecƟon with rezoning, condiƟonal use permits and/or other development approvals.
(f) CondiƟons of Title. Escrow Holder shall cause a current commitment for Ɵtle insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment (" Underlying Documents"), and a scaled and dimensioned plot showin g the locaƟon of any easements to be delivered to Buyer within 10 or 5 days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to sa Ɵsfy itself with regard to the condi Ɵon of Ɵtle. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreemen t is not to remain agains t the Property aŌer the Closing, shall not be considered a failure of this con Ɵngency, as Seller shall have the obliga Ɵon, at Seller's expense, to saƟsfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey. Buyer has 30 or - days following the receipt of the Title Commitment and Underlying Documents to saƟsfy itself with regard to any ALTA Ɵtle supplement based upon a survey prepared to American Land Title AssociaƟon ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal descripƟon and boundary lines of the Property, any easements of record, and any impr ovements, poles, structures and th ings located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direc Ɵon and expense. If Buyer has obtained a survey and approved the ALTA Ɵtle supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of Ɵtle policy, in which event Buyer shall pay any addiƟonal premium aƩributable thereto. (h) ExisƟng Leases and Tenancy Statements. Seller shall within 10 or days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collecƟvely, "ExisƟng Leases") aﬀecƟng the Property, and with a tenancy statemen t ("Estoppel CerƟﬁcate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant of the Property. Seller shall use its best eﬀorts to have each tenant complete and execute an Estoppel Cer Ɵﬁcate. If any tenant fails or refuses to provide an Estoppel Cer Ɵﬁcate then Seller shal l complete and execute an Estoppel CerƟﬁcate for that tenancy. Buye r has 10 days from the receipt of said ExisƟng Leases and Estoppel CerƟﬁcates to saƟsfy itself with regard to the ExisƟng Leases and any other tenancy issues. (i) Owner's AssociaƟon. Seller shall within 10 or days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's associaƟon servicing the Property. Such transfer package shall at a minimum include: copies of the associaƟon's bylaws, arƟcles of incorporaƟon, current budget and ﬁnancial statement. Buyer has 10 days from the receipt of such documents to saƟsfy itself with regard to the associaƟon. (j) Other Agreements. Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will aﬀect the Property aŌer Closing. Buyer has 10 days from the receipt of said Other Agreements to saƟsfy itself with regard to such Agreements.
(k) Financing.I fp a r a g r a ph 5 hereof dealing with a ﬁnancing conƟngency has not been stricken, the saƟsfacƟon or waiver of such New Loan conƟngency. (l) ExisƟng Notes. If paragraph 3.1(c) has not been stricken, Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of the ExisƟng Notes, ExisƟng Deeds of Trust and related agreements (collecƟvely, "Loan Documents") to which the Property will remain subjec t aŌer the Closing. Escrow Holder shall promptly request from the holders of the ExisƟng Notes a beneﬁciary statement ("Beneﬁciary Statement") conﬁrming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneﬁciary in connecƟon with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Beneﬁciary Statements to saƟsfy itself with regard to such ﬁnancing. Buyer's obliga Ɵon to close is condi Ɵoned upon Buyer being able to purchase the Property without accelera Ɵon or change in the term s of any ExisƟng Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days from the receipt of such documents to saƟsfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date of Agreement to saƟsfy itself with regard to the Ɵtle condiƟon of such personal property. Seller recommends that Buyer obtain a UCC‐1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances a ﬀecƟng such personal property that it is aware of within 10 or days following the Date of Agreemen t.
(n) DestrucƟon, Damage or Loss. Subsequen t to the Date of Agreemen t and prior to Closing there shall not have occurred a destruc Ɵon of, or damage or loss to, the Property or any porƟon thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the opƟon, within 10 days aŌer receipt of wriƩen noƟce of a loss cosƟng more than $10,000.00 to repai r or cure, to either terminate this Agreemen t or to purchase the Property notwithstandin g such loss, but without deduc Ɵon or oﬀset _______ _________
_______ ________
against the Purchase Price. If the cost to repai r or cure is more than $10,000.00, and Buye r does not elect to terminate this Agreement , Buyer shall be enƟtled to any insurance proceeds applicable to such loss. Unless otherwise no Ɵﬁed in wriƟng, Escrow Holder shall assume no such destruc Ɵon, damage or loss has occurred prio r to Closing.

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 5 of 10
_
(o) Material Change.B u y er shall have 10 days following receipt of wriƩen noƟce of a Material Change within which to sa Ɵsfy itself with regard to such change. " Material Change" shall mean a substan Ɵal adverse change in the use, occupancy, tenants, Ɵtle, or condiƟon of the Property that occurs aŌer the date of this oﬀer and prior to the Closing. Unless otherwise noƟﬁed in wriƟng, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement.
(q) Brokerage Fee. Paymen t at the Closing of such brokerage fee as is speciﬁed in this Agreement or later wriƩen instrucƟons to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the Par Ɵes and Escrow Holder that Brokers are a third party bene ﬁciary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be ma de with respect to the payment of the Brokerage Fee speci ﬁed in this Agreement, without the wri Ʃen consent of Brokers.

9.2 All of the con Ɵngencies speciﬁed in subparagraphs (a) through (m) of paragraph 9.1 are for the bene ﬁto f ,a n dm a yb ew a i v e d b y, Buyer, and may be elsewhere herein referred to as "Buyer's ConƟngencies."

9.3 If any of Buyer's ConƟngencies or any other maƩer subject to Buyer's approval is disapproved as provided for herein in a Ɵmely manner ("Disapproved Item"), Seller shall have the righ t within 10 days following the receipt of noƟce of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's ElecƟon"). Seller's failure to give to Buye r within such period, wriƩen noƟce of Seller's commitment to cure such Disapprove d Item on or before the Expected Closing Date shall be c onclusively presumed to be Seller's Elec Ɵon not to cure such Disapproved Item. If Seller elects, either by wri Ʃen noƟce or failure to give wriƩen noƟce, not to cure a Disapproved Item, Buyer shall have the right, within 10 days a Ōer Seller's ElecƟon to either accept Ɵtle to the Propert y subject to such Disapproved Item, or to terminate this Agreement. Buyer' s failure to noƟfy Seller in wriƟng of Buyer's elecƟon to accept Ɵtle to the Property subjec t to the Disapproved Item without deducƟon or oﬀset shall consƟtute Buyer's elecƟon to terminate this Agreement. The above Ɵme periods only apply once for each Disapproved Item. Unless expressly provided otherwise her ein, Seller's right to cure shall not apply to the remedia Ɵon of Hazardous Substance Condi Ɵons or to the Financing ConƟngency. Unless the Par Ɵes mutually instruct otherwise, if the Ɵme periods for the saƟsfacƟon of conƟngencies or for Seller's and Buyer's elec Ɵons would expire on a date aŌer the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business day s following the expiraƟon of: (a) the applicable conƟngency period(s), (b) the period within which the Seller may elect to cure the Disapprove d Item, or (c) if Seller elects not to cure, the perio d within which Buyer may elect to proceed with this transacƟon, whichever is later.

9.4 The ParƟes acknowledge that extensive local, state and Federal legislaƟon establish broad liability upon owners and/or users of real property for the invesƟgaƟon and remediaƟon of Hazardous Substances. The determina Ɵon of the existence of a Hazardous Substance Condi Ɵon and the evaluaƟon of the impact of such a condiƟon are highly technical and beyond the exper Ɵse of Brokers. The Par Ɵes acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presenc e of Hazardous Substances on the Property or adjoining proper Ɵes, and Buyer and Seller are not relying upon any invesƟgaƟon by or statement of Brokers with respect thereto. The Par Ɵes hereby assume all responsibility for the impac t of such Hazardous Substances upon their respecƟve interests herein.

10. Documents Required at or Before Closing.

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the ParƟes.

10.2 Seller shall deliver to Escrow Holder in Ɵme for delivery to Buye r at the Closing:
(a) Grant or general warranty deed, duly executed and in recordable form, conveying fee Ɵtle to the Property to Buyer. (b) If applicable, the Beneﬁciary Statements concerning ExisƟng Note(s). (c) If applicable, the ExisƟng Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer . The assignment of ExisƟng Leases shall be on the most recent Assignmen t and AssumpƟon of Lessor's Interest in Lease form published by the AIR or its equivalent. (d) An aﬃdavit executed by Seller to the eﬀect that Seller is not a "foreign person" within the meaning of Internal Revenue Code SecƟon 1445 or successor statutes. If Seller does not provide such aﬃdavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Reve nue Service such sum as is require d by applicable Federal law with respect to purchases from foreign sellers.
(e) If the Property is located in California, an aﬃdavit executed by Seller to the eﬀect that Seller is not a ''nonresident" within the meaning of California Revenue and Tax Code SecƟon 18662 or successor statutes. If Seller does not provide such aﬃdavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closin g deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is require d by such statute. (f) If applicable, a bill of sale, duly executed, conveying Ɵtle to any included personal property to Buyer. (g) If the Seller is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the sale of the Property.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cash porƟon of the Purchase Price and such addi Ɵonal sums as are require d of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P .M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the Ɵme set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obliga Ɵons hereunder . Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishin g that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of ﬁre insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax s ervice contract (at Buyer's expense), assuring Seller of no Ɵce of the status of payment of real propert y taxes during the life of the Purchase Money Note.
(c) The Assignment and AssumpƟon of Lessor's Interest in Lease form speciﬁed in paragraph 10.2(c) above, duly executed by Buyer. (d) AssumpƟons duly executed by Buyer of the obligaƟons of Seller that accrue aŌer Closing under any Other Agreements. (e) If applicable, a wriƩen assumpƟon duly executed by Buyer of the loan documents with respect to ExisƟng Notes. (f) If the Buyer is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreemen t and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buye r a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of Ɵtle insurance eﬀecƟve as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring Ɵtle to the Property vested in Buyer, subject only to the excepƟons approved by Buyer . In the event there is a Purchase Money Deed of Trust in this transac Ɵon, the policy of Ɵtle insurance shall be a joint protec Ɵon policy insuring both Buyer and Seller .
_______ _________
_______ ________
IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY , IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 6 of 10
_

11. ProraƟons and Adjustments.

11.1 Taxes. Applicable real property taxes and sp ecial assessment bonds shall be prorate d through Escrow as of the date of the Closing , based upon the latest tax bill available. The Par Ɵes agree to prorate as of the Closing any taxes assessed against the Pro perty by supplemental bill levied by reason of events occurring prio r to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.

11.2 Insurance. WARNING: Any insurance which Seller may have maint ained will terminate on the Closing. Buye r is advised to obtain appropriate insurance t o cover the Property.

11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on ExisƟng Notes, uƟliƟes, and operaƟng expenses shall be prorated as of the date of Closing.

The ParƟes agree to promptly adjust between themselves outside of Escrow any rents received aŌer the Closing.

11.4 Security Deposit. Security Deposit s held by Seller shall be give n to Buyer as a credit to the cash require d of Buyer at the Closing.

11.5 Post Closing MaƩers. Any item to be prorate d that is not determined or determinable at the Closin g shall be promptly adjuste d by the ParƟes by appropriate cash payment outside of the Escrow when the amount due is determined.

11.6 VariaƟons in ExisƟng Note Balances. In the event that Buyer is purchasing the Property subject to an ExisƟng Deed of Trust(s), and in the event that a Beneﬁciary Statement as to the applicable ExisƟng Note(s) discloses that the unpai d principal balance of such Exis Ɵng Note(s) at the closing will be more or less tha n the amount set forth in paragraph 3.1(c) hereof ("ExisƟng Note VariaƟon"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal t o such ExisƟng Note VariaƟon. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such ExisƟng Note VariaƟon.

11.7 VariaƟons in New Loan Balance . In the event Buye r is obtaining a New Loan and the amount ul Ɵmately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any , shall be reduced by the amount of such excess.

11.8 Owner's AssociaƟon Fees. Escrow Holder shall: (i) bring Seller's account with the associaƟon current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the associaƟon from Buyer's funds.

12. RepresentaƟons and WarranƟes of Seller and Disclaimers .

12.1 Seller's warran Ɵes and representaƟons shall survive the Closing and delivery of the deed for a perio d of 3 years, and any lawsuit or ac Ɵon based upon them must be commenced within such Ɵme period. Seller's warran Ɵes and representaƟons are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranƟes and representaƟons to Buyer and Brokers:
(a) Authority of Seller. Seller is the owner of the Property and/or has the full right , power and authority to sell, convey and transfer the Property to Buye r as provided herein, and to perform Seller's obligaƟons hereunder. (b) Maintenance During Escrow and Equipment CondiƟon At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property unƟlt he Closing in its present condiƟon, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge , except as otherwise disclosed to Buyer in wriƟng, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Except as otherwise disclosed in wriƟng, Seller has no knowledge of any aspect or condiƟon of the Property which violates applicable laws, rules, regulaƟons, codes or covenants, condiƟons or restricƟons, or of improvement s or alteraƟons made to the Property without a permi t where one was required, or of any unful ﬁlled order or direcƟve of any applicable governmental agency or casualty insurance company requirin g any invesƟgaƟon, remediaƟon, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any ExisƟng Lease or Other Agreement, or create any new leases or other agreements aﬀecƟng the Property, without Buyer's wriƩen approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing , have any right to possession of the Property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.
(g) Mechanics' Liens. There are no unsaƟsﬁed mechanics' or materialmens' lien rights concerning the Property. (h) AcƟons, Suits or Proceedings. Seller has no knowledge of any acƟons, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would aﬀect the Property or the righ t to occupy or uƟlize same. (i) NoƟce of Changes.S eller will promptly noƟfy Buyer and Brokers in wriƟng of any Material Change (see paragraph 9.1(o)) aﬀecƟng the Property that becomes known to Seller prior to the Closing.
(j) No Tenant Bankruptcy Proceedings. Seller has no no Ɵce or knowledge that any tenant of the Property is the subjec t of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances aﬀecƟng such personal property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its exisƟng condiƟon and will, by the Ɵme called for herein, make or have waived all inspec Ɵons of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Par Ɵes acknowledge that, except as otherwise stated in this Agreement, no representa Ɵons, inducements, promises, agreements, assurances, oral or wriƩen, concerning the Property, or any aspect of the occupaƟonal safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upo n by either Party hereto.

12.3 In the event that Buyer learns that a Seller representaƟon or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an acƟon or proceeding against Seller or Brokers regarding said representaƟon or warranty.

12.4 Any environmental reports, soils reports, surveys, feasibility studies, and other similar documents which were prepare d by third party consultants an d provided to Buyer by Seller or Seller's representa Ɵves, have been delivered as an accommodaƟon to Buyer and without any representa Ɵon or warranty as to the suﬃciency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be a ccurate, but Buyer is advised to retain appropriate consultants to review said documents and invesƟgate the Property.

13. Possession.

Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under ExisƟng Leases. _______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 7 of 10
_

14. Buyer's Entry.

At any Ɵme during the Escrow period, Buyer, and its agents and representa Ɵves, shall have the right at reasonable Ɵmes and subject to rights of tenants, to enter upon the Property for the purpose of making inspec Ɵo n sa n dt e s t ss p e c iﬁed in this Agreement. No destruc Ɵve tesƟng shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Followin g any such entry or work, unless otherwise directed in wri Ɵng by Seller, Buyer shall return the Property t o the condiƟon it was in prio r to such entry or work, includin g the recompacƟon or removal of any disrupted soil or material as Seller may reasonably direct. All such inspecƟons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Se ller and the Property of and from any and all claims, liabili Ɵes, losses, expenses (including reasonable aƩorneys' fees), damages, including those for injury to person or property, arising out of or relaƟng to any such work or materials or the acts or omissions of Buyer , its agents or employees in connecƟon therewith.

15. Further Documents and Assurances.

The ParƟes shall each, diligently and in good faith, undertake all ac Ɵons and procedures reasonably required to place the Escrow in condi Ɵon for Closing as and when required by this Agreement. The Par Ɵes agree to provide all further informa Ɵon, and to execute and deliver all further documents, reasonably require d by Escrow Holder or the Title Company.

16. AƩorneys' Fees.

If any Party or Broker brings an acƟon or proceeding (including arbitraƟon) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereaŌer deﬁned) in any such proceeding , acƟon, or appeal thereon, shall be en Ɵtled to reasonable aƩorneys' fees and costs. Suc h fees may be awarded in the same suit or recovered in a separate suit, whether or not such ac Ɵon or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limita Ɵon, a Party or Broker who substan Ɵally obtains or defeats the relief sought, as the case may be, whether by compromise, seƩlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The a Ʃorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all a Ʃorneys' fees reasonably incurred.

17. Prior Agreements/Amendments.

17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property.

17.2 Amendments to this Agreement are eﬀecƟve only if made in wriƟng ande xecutedb y Buyer and Seller.

18. Broker's Rights.

18.1 If this sale is not consummated due to the default of either the Buye r or Seller, the defaulƟng Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaul Ɵng party, payment of said Brokerage Fee is in addiƟon to any obliga Ɵon with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transacƟon.

19. NoƟces.

19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any noƟce, demand, request, approval, disapproval or other communicaƟon, each such communicaƟon shall be in wri Ɵng and shall be delivered personally, by messenger, or by mail, postage prepaid , to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Service of any such communicaƟon shall be deemed made on the date of actual receipt if personally delivered, or transmiƩed by facsimile transmission, electronic signature, digital signature, or email. Any such communicaƟon sent by regular mail shall be deemed given 48 hours aŌer thes amei s mailed.

CommunicaƟons sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours a Ōer delivery of the same to the Postal Service or courier . If such communica Ɵon is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party or Broker hereto may from Ɵme to Ɵme, by noƟce in wriƟng, designate a diﬀerent address to which, or a diﬀerent person or addiƟonal persons to whom, all communicaƟons are thereaŌer to be made.

20. DuraƟon of Oﬀer.

20.1 If this oﬀer is not accepted by Seller on or before 5:00 P.M. according to the Ɵme standard applicable to the city of Los Angeles on the date of March 25, 2022 , it shall be deemed automaƟcally revoked.

20.2 The acceptance of this oﬀer, or of any subsequent counteroﬀer hereto, that creates an agreement between the ParƟes as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed wri Ɵng uncondiƟonally accepƟng the last outstanding oﬀer or counteroﬀer.

21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if iniƟaled by both ParƟes).

THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS U NDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER

OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $19,350.00 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER .

Buyer's IniƟals Seller's IniƟals

22. ARBITRATION OF DISPUTES. (This ArbitraƟon of Disputes paragraph is applicable only if iniƟaled by both ParƟes.)

22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSI T SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL A RBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATI ON HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED.

SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS O F EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN

ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROP ERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS _______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 8 of 10
_
AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE ‐ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY’S REQUIRED SHARE

OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE O R CROSS‐EXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON ‐PAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.

22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE

BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.

22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED B Y CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS T O HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATIO N OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMEN T TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.

Buyer's IniƟals Seller's IniƟals

23. Miscellaneous.

23.1 Binding Eﬀect. Buyer and Seller both acknowledge that they have carefully read and reviewed this Agreement and each term and provision contained herein. In addi Ɵon, this Agreement shall be binding on the ParƟes without regard to whether or not paragraphs 21 and 22 are iniƟaled by both of the Par Ɵes.

Paragraphs 21 and 22 are each incorporated into this Agreement only if iniƟaled by both ParƟes at the Ɵme that the Agreemen t is executed. Signature s to this Agreement accomplished by means of electronic signature or similar technology shall be legal and binding.

23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located.

Any liƟgaƟon or arbitraƟon between the ParƟes hereto concerning this Agreement shall be iniƟated in the county in which the Property is located.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall consƟtute one and the same instrument. Escrow Holder, aŌer verifying that the counterparts are idenƟcal except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts , which shall then consƟtute the Agreement.

23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.

23.6 Conﬂict.A ny conﬂict between the printed provisions of this Agreement and the typewriƩen or handwriƩen provisions shall be controlled by the typewriƩen or handwriƩen provisions. Seller and Buyer must iniƟal any and all handwriƩen provisions.

23.7 1031 Exchange.B o t hS e l l e r a n dB u y er agree to cooperate with each other in the event that either or both wish to parƟcipate in a 1031 exchange. Any party iniƟaƟng an exchange shall bear all costs of such exchange. The cooperaƟng Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.

23.8 Days. Unless otherwise speciﬁcally indicated to the contrary, the word "days" as used in this Agreemen t shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agenc y RelaƟonship.

24.1 The ParƟes and Brokers agree that their relaƟonship(s) shall be governed by the principles set forth in the applicable secƟons of the California Civil Code, as summarized in paragraph 24.2.

24.2 When entering into a discussion with a real estate agen t regarding ar e a le s t a t et r a n s a cƟon, a Buyer or Seller should from the outset understand what type of agency relaƟonship or representaƟon it has with the agen t or agents in the transacƟon. Buye r and Seller acknowledge being advised by the Brokers in this transacƟon, as follows:
(a) Seller's Agent. A Seller's agent under a lisƟng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following aﬃrmaƟve obligaƟons: (1) To the Seller: A ﬁduciary duty of utmost care, integri ty, honesty, and loyalty in dealings with the Seller . (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent' s duƟes. b. A duty of honest and fair dealin g and good faith. c. A duty to disclos e all facts known to the agent materially a ﬀecƟng the value or desirability of the property t hat are not known to, or within the diligent a ƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any con ﬁdenƟal informaƟon obtained from the other Party which does not involve the a ﬃrmaƟve duƟes set forth above.
(b) Buyer's Agent. A sellin g agent can, with a Buyer' s consent, agree to act as agen t for the Buyer only. In these situa Ɵons, the agent is not the Seller's agent, even if by agreement the agent may receive compensa Ɵon for services rendered, either in full or in part from the Seller . An agent ac Ɵng only for a Buyer has the following aﬃrmaƟve obligaƟons. (1) To the Buyer: A ﬁduciary duty of utmost care, integrity, honest y, and loyalty in dealings with the Buyer . (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent' s duƟes. b. A duty of honest and fair dealin g and good faith. c. A duty t o disclose all facts known to the agen t materially aﬀecƟng the value or desirability of the property that are not known to, or within the diligen t aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any conﬁdenƟal informaƟon obtained from the other Party which does not involve the aﬃrmaƟve duƟes set forth above.
(c) Agent RepresenƟng Both Seller and Buyer. A real estate agent , either acƟng directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buye r in a transacƟon, but only with the knowledge and consent of both the Seller and the Buyer . (1) In a dual agency situa Ɵon, the agent has the following a ﬃrmaƟve obligaƟons to both the Seller and the Buyer: a. A ﬁduciary duty of utmost care, integrity, ho nesty and loyalty in the dealings with either Seller or the Buyer . b. Other duƟes to the Seller and the Buyer as stated above in their respec Ɵve secƟons (a) or (b) of this paragraph 24.2. (2) In represen Ɵng _______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 9 of 10
_
both Seller and Buyer, the agent may not, without the expres s permission of the respecƟve Party, disclose to the other Party con ﬁdenƟal informaƟon, including, but not limited to, facts relaƟng to either Buyer's or Seller's ﬁnancial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including Seller's willingness to accept a price less than the lis Ɵng price or Buyer's willingness to p ay a price greater than the price oﬀered. (3) The above du Ɵes of the agent in a real estate transacƟon do not relieve a Seller or Buye r from the responsibility to protect their own interests. Buye r and Seller should carefully read al l agreements to assure that they adequately express their understanding of the transacƟon. A real estate agen t is a person qualiﬁed to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer has the dut y to exercise reasonable care to protect Buyer, including as to those fact s about the Property which are known to Buyer or within Buyer's diligent a ƩenƟon and observaƟon. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subjec t to change. (d) Further Disclosures. Throughout this transacƟon Buyer and Seller may receive more than one disclosure, dependin g upon the number of agents assisƟng in the transacƟon. Buyer and Seller should each read its contents each Ɵme it is presented, considering the relaƟonship between them and the real estate agent in this transacƟon and that disclosure. Buyer and Seller each acknowle dge receipt of a disclosure of the possibility of mul Ɵple representaƟon by the Broker represenƟng that principal. This disclosure may be par t of a lisƟng agreement, buyer representaƟon agreement or separate document. Buye r understands that Broker represenƟng Buyer may also represent other potenƟal buyers, who may consider, make oﬀers on or ul Ɵmately acquire the Property. Seller understands that Broker represenƟng Seller may also represent other sellers with compe Ɵng properƟes that may be of interest to this Buyer . Brokers have no responsibility with respect to any default or breach hereof by either Party. The Par Ɵes agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟng to this transacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (includin g court costs and a Ʃorneys' fees), of any Broker with respect to any breach of duty, error or omission relaƟng to this Agreement shall not exceed the fee received by such Broker pursuan t to this Agreement; provided, however, that the foregoing limitaƟon on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker.

24.3 ConﬁdenƟal InformaƟon.B u y er and Seller agree to idenƟfy to Brokers as "ConﬁdenƟal" any communicaƟon or informaƟon given Brokers that is considered by such Party to be conﬁdenƟal.

25. ConstrucƟon of Agreement. In construing this Agreement, all headings and Ɵtles are for the convenience of the ParƟes only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the ParƟes, but rather according to its fair meaning as a whole, as if both Par Ɵes had prepared it.

26. AddiƟonal Provisions.

AddiƟonal provisions of this oﬀer, if any, are as follows or are aƩached hereto by an addendum or addenda consisƟng of paragraphs 28 through 29 . (If there are no addiƟonal provisions write "NONE".) ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY , LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO :

1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.

2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.

WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.

NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS .

The undersigned Buyer oﬀers and agrees to buy the Property on the terms and condiƟons stated and acknowledges receipt of a copy hereof.

BROKER
Keller Williams Covina
AƩn: Carolina Ruiz Wills
Title: Broker Associate
Address: 100 N. Citrus St #160, West Covina,
CA 91791
Phone: (626)862-5654
Fax: -
Email: [email protected]
Federal ID No.:

Broker DRE License #: 01970316
Agent DRE License #: 01275776
Date:

BUYER
City of Baldwin Park
By:

Name Printed:

Title:

Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:
_______ _________
_______ ________

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/2022 2:53 PM OFAL‐15.20, Revised 10‐22‐2020 Page 10 of 10
_
Fax:

Email:

Address:

Federal ID No.: TBD

27. Acceptance.

27.1 Seller accepts the foregoing oﬀer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and condiƟons therein speciﬁed.

27.2 In consideraƟon of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal t o 5 % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker 2.5 %a n dB u y e r ' sB r o k e r2.5 %. This Agreement shall serve as an irrevocable instruc Ɵon to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceed s accruing to the account of Seller at th e Closing.

27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.

NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.

BROKER
interPres Commercial Realty
AƩn: Peter Pistone/Sandy Gonzalez
Title: President/ Senior Associate
Address: 13300 Crossroads Parkway N. Ste 105,
City of Industry CA 91746
Phone: 562.692.2200
Fax: -
Email: [email protected]
Federal ID No.:

Broker DRE License #: 01774875
Agent's DRE License #: 01007013,02097966
Date:

SELLER
Gerkey Trust
By:

Name Printed:

Title:

Phone:

Fax:

Email:

By:

Name Printed:

Title:

Phone:

Fax:

Email:

Address:

Federal ID No.:

AIR CRE * hƩps://www.aircre.com * 213‐687‐8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.

InitialInitial

ADDENDUM
to
Standard Offer, Agreement and Escrow Instructions
for Purchase of Real Estate
(Vacant Land)
Buyer: City of Baldwin Park
Seller: Gerkey Trust
THIS ADDENDUM, dated March 15, 2022, shall be attached to and made part of the certain Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Vacant Land) document, dated March 15, 2022, covering the property located at NWC Joanbridge Street and Maine Avenue, Baldwin Park, CA 91706 (APN 8536-016-001). In the event of a conflict in the Agreement and the Addendum, the language contained in the Addendum shall prevail.

28. Seller’s Documents/Disclosures: Within two (2) business days following the Date of Agreement, Seller shall deliver the following items to Buyer:
o Seller’s Mandatory Disclosure Statement
o Natural Hazards Disclosure Report
o Property Information Sheet

29. Buyer’s Contingencies to Closing: Buyer acknowledges that it hereby approves all Buyer’s Contingencies to Closing with the exception of Title as outlined in Paragraph 9.1(f).

ACKNOWLEDGED & ACCEPTED
Buyer: City of Baldwin Park Seller: Gerkey Trust
By: By:

Name: Name:

Title: Title:

Date: Date:

L:\SnP Active\Joanbridge-Gerkey\City of Baldwin Park\Addendum-PSA_Joanbridge-City of Baldwin Park_031522.doc

NOTICE OF DISCLOSURE

AMERICANS WITH DISABILITIES ACT (ADA)
This formal notice is to advise prospective owner/buyer/tenant(s) of real property that they may be s ubject to the Americans with Disabilities Act (the ADA), a Federal Law under code 42 USC Section 12101 et seq. More specifically, under said ADA that may apply t o y our pr operty, t he par ticular T itle I II S ection of t his s tatute r equires o wners and t enant of “public ac commodations” t o remove bar riers or ot her obs tructions t o ac cess by di sabled per sons and pr ovide au xiliary ai ds f or hear ing, s peech, or v ision impaired persons by 26 January, 1992. The specific regulations under Title III of the ADA are under reference in 28 C.F.R. Part 36, as well as other possible statute requirements.

You are hereby noticed of said act and advised to s eek l egal counsel t o review t he ADA and al l regulations therein in order t o determine the nature of these requirements and how this law would apply to you. You, the undersigned, are solely responsible for completing y ou own i ndependent i nvestigation of these issues and s tatute. interPres Commercial Realty cannot gi ve y ou l egal opinions and/or advice on these issues. These legal issues should be taken under the advice of your attorney.

PROPERTY INVESTIGATION
The physical condition of the land and i mprovements being leased/purchased is not guaranteed by Broker. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. You are strongly advised to investigate the condition and suitability of all aspects of the Property, to include but not limited to the following:

General Condition: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, other structural and non-structural systems, fixtures, and components.

Square Footage, Age, Boundaries: Square footage, dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been v erified by Broker. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries.

Soil Stability: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, setting or movement, and the adequacy of drainage.

Roof: Present condition, age, leaks, and remaining useful life.

Waste Disposal: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees.

Water an d U tilities; Well S ystems an d C omponents: Water an d ut ility av ailability, u se r estrictions and costs. Water qual ity, adequacy, condition, and performance of well systems and components.

Environmental Hazards: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, water disposal sites, el ectromagnetic f ields, nuc lear sources, and o ther substances, materials, pr oducts, or conditions (including m old (airborne, toxic or otherwise), fungus or similar contaminants).

Earthquakes and Flooding: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood.

Fire, Hazard and Other Insurance: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and T enant/Buyer, may affect t he availability and need for certain t ypes of i nsurance. Tenant/Buyer should ex plore insurance options early as this information may affect other decisions.

Building Permits, Zoning, and Governmental Requirements: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size.

Neighborhood, Area, Subdivision Conditions; Personal Factors: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, fire protection, other government services, existing and proposed transportation, construction and development that may affect traffic, noise, odor, etc. from any source.

Telecommunications a nd I nternet: Adequacy and c osts of any s peed-wired, wireless i nternet c onnections or o ther telecommunications or other technology services and installations.

Your signature below will hereby acknowledge receipt of this Notice of Disclosure.

Landlord/Seller: Gerkey Trust Tenant/Buyer: City of Baldwin Park Signature: Signature:

Name Printed: Name Printed:

Date: Date:

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by Civil Code)
2 of 3
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

SELLER’S AGENT
A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations:

To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

BUYER’S AGENT
A Buyer’s agent can, with a B uyer’s consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:

To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and br oker associates, can legally be t he agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party c onfidential i nformation, i ncluding, but not l imited to, f acts relating to either t he Buyer’s or S eller’s f inancial pos ition, motivations, bargaining position, or other personal information that may impact price, including the Seller’s willingness to accept a price less than the listing price or the Buyer’s willingness to pay a price greater than the price offered.

SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent’s role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a per son qualified to advise about r eal es tate. I f l egal or tax adv ice i s des ired, c onsult a competent pr ofessional. If y ou ar e a Buyer, y ou hav e t he dut y to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon t he number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully.

THE FOLLOWING AGENCY RELATIONSHIP(S) IS/ARE HEREBY CONFIRMED. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). interPres Commercial Realty is the agent of:

Landlord/Seller
Tenant/Buyer
Buyer Landlord/Seller and Tenant/Buyer
Landlord/Seller: Gerkey Trust
Signature:

Name Printed:

Date:

Agent: interPres Commercial Realty
Salesperson Name: Peter Pistone/Sandy Gonzalez
Salesperson License #:01007013/02097966
Date: 03/15/2022
Tenant/Buyer: City of Baldwin Park
Signature:

Name Printed:

Date:

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by Civil Code)
3 of 3
2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) “Associate licensee” means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker’s agent in connection with acts requiring a real estate license and to function under the broker’s supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions.
(c) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee/tenant.
(d) “Commercial real property” means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobile homes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) “Dual agent” means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (f) “Listing agreement” means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer.
(g) “Listing agent” means a person who has obtained a listing of real property to act as an agent for compensation. (h) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (i) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (j) “Offer to purchase” means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller.
(k) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year’s duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (l) “Real property transaction” means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration.
(n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a landlord. (o) “Selling agent” means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller.
(p) “Subagent” means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9.

However, “subagent” does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14. Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgment of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows:
(a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgment of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgment of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer’s offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.17.
(a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer’s agent, exclusively as the seller’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:

SAMPLE ONLY – DO NOT FILL OUT
(Name of Listing Agent) is the agent of (check one):
 the seller exclusively; or  both the buyer and seller (Name of Selling Agent if not the same as the Listing Agent) is the agent of (check one):
 the buyer exclusively; or  the seller exclusively; or  both the buyer and seller (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18. No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19. The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship.
2079.20. Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21. A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22. Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent.
2079.23. (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender’s approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable.
2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
________ _________

STAFF REPORT
ITEM NO. 4
TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Officer
Laura J. Thomas, Human Resources/Risk Manager
DATE: April 6, 2022
SUBJECT: Ratify and Adopt a Resolution Approving Temporary Employment for Silvia Godoy, Recreation Leader III

SUMMARY
Staff is requesting approval to employ Silvia Godoy as a retired annuitant for the Recreation Leader III vacant position. Silvia Godoy submitted paperwork to retire effective June 6, 2021, after serving the City of Baldwin Park. In order to minimize disruption resulting from this loss of institutional and operational knowledge, to complete important projects, and to provide a smooth transition, the City is interested in retaining her services on a temporary basis of approximately four to six months.

RECOMMENDATION
Staff recommends that the City Council approve a Resolution 2022.014 authorizing the Mayor to execute a part time, temporary employment agreement; and authorize the Director of Finance to appropriate funding and make necessary amendments to the budget.

FISCAL IMPACT
The estimated fiscal impact to the General Fund for this transition is about $5,575 depending on the term. However, there might be savings to cover this additional cost from other current unfilled vacancies in the Recreation Department.

BACKGROUND
In accordance with CalPERS regulations, the City may provide an arrangement where Silvia Godoy can continue to work for the City in the capacity of retired annuitant. The City is currently recruiting for this position. In the interim, the retired annuitant will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement.

As of April 1st, Cal PERS terminated Executive Order N-25-20 which allowed employers to waive certain restrictions applicable to retired annuitants, and resumed the normal process for approving requests for retired annuitants. Ms. Godoy has been separated from the City as a retiree since June 6, 2021.

Therefore, she meets the 180 day separation threshold required for Cal PERS approval.

In order to be compliant with California Law and the 2013 Pension Reform Act, the employee must be paid the same rate as in the approved City Salary Resolution and the employee cannot receive any other benefits or compensation and may not receive any incentive to retire such as a golden handshake.

The attached resolution and agreement satisfy those requirements.

ALTERNATIVES
The alternative is to not approve the Resolution and provide other direction.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ALTERNATIVES

1. Temporary Employment Agreement

2. Resolution 2022-014

EMPLOYMENT AGREEMENT
This employment agreement is effective as ofApril 11, 2022,between the City of Baldwin Park (“Employer”) and Silvia Godoy (“Retired Annuitant”).

1. The Retired Annuitant served as Recreation Leader III for Employer. Employer desires to ensure continued services of Retired Annuitant as the Recreation Leader III in order to retain her experience, abilities, and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging her services as Recreation Leader III under the terms and conditions set forth.

2. Retired Annuitant desires to continue in the employment of Employer and is willing to do so under the terms and conditions set forth below. a. THEREFORE, in consideration of the above recitals, and of mutual promises and conditions in this AGREEMENT, it is agreed as follows:

3. TERMS OF EMPLOYMENT. Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning April 11, 2022 and ending no later than June 30, 2022.

4. DUTIES AND AUTHORITY. Employer shall employ Retired Annuitant as the Recreation Leader III. Retired Annuitants shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include assistance in the coordination of recreation programs, special events and excursions, and other recreational activities.

5. REASONABLE TIME AND EFFORT. During her employment, Retired Annuitant shall devote such time, interest, and effort to the performance of her AGREEMENT as necessary.

6. WAGES. During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hourly rate of $16.82, payable in bi-weekly installments subject to all applicable withholding and deductions.

7. ADDITIONAL BENEFITS. Except as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer’s other employees.

8. TERMINATION OF AGREEMENT. Employer may terminate Retired Annuitant’s employment at any time during the term of this AGREEMENT.

9. INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted by the law, indemnify and hold Retired Annuitant harmless for any acts or decisions made by her in the course and scope of employment. To the same, Employer will pay and advance all expenses, including reasonable attorney’s fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action suit or proceeding and in connection with any appeal, which has been brought against Retired Annuitant by reason of his performance of services as an officer or agent of the Employer. _____________________ ____________________________

10.TERMINATION OR RESIGNATION. Retired Annuitant may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post-resignation compensation being paid by Retired Annuitant.

11.CONFORMANCE WITH RETIREMENT LAW. This Agreement may only be modified, including extension of term, in writing by Retired Annuitant and Mayor and City Council or their designee provided that changes are in conformance with current California Public Employee’s Retirement law involving post retirement employment under Section 7522.56.

12.CITY COUNCIL APPROVAL. This AGREEMENT shall be of no force and effect unless or until approved by the City Council of Baldwin Park.

Executed on the 6th day of April 2022, in the City of Baldwin Park, Los Angeles County.

Signatures:

CITY OF BALDWIN PARK: RETIRED ANNUITANT:

Emanuel Estrada, Mayor Silvia Godoy, Recreation Leader III RESOLUTION NO. 2022-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AUTHORIZING AN AGREEMENT WITH “RETIRED
ANNUITANT” SILVIA GODOY AS INTERIM RECREATION LEADER

III AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City of Baldwin Park is to provide an arrangement where Silvia Godoy can continue to work for the City for approximately an additional 6 months and no more than 960 hours in any Fiscal Year; and
WHEREAS, this additional time will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement; and WHEREAS, as of April 1 st, CalPERS terminated Executive Order N-25-20 which allowed employers to waive certain restrictions applicable to retired annuitants and resumed the normal process for approving requests for retired annuitants. Ms. Godoy has been separated from the City as a retiree since June 6, 2021. Therefore, she meets the 180-day separation threshold required for Cal PERS approval.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK HEREBY RESOLVES AS FOLLOWS:

Section 1. In compliance with Government Code section 7522.56 the City of Baldwin Park must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date.

Section 2. That Recreation Leader III (Godoy, Retired Annuitant) will be retiring from the City of Baldwin Park effective June 4, 2021.

Section 3. That section 7522.56 requires post-retirement employment commence no earlier than 180 days after the retirement date without this certification resolution and/or unless waived by emergency orders of the Governor of California.

Section 4. That section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive and the City Council of Baldwin Park certifies that Godoy has not and will not receive any Golden Handshake or other retirement incentive.

Section 5. The employment shall be limited to 960 hours per Fiscal Year however any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960-hour per fiscal year limit. In addition, the 180-day wait period between retirement and returning to post-retirement employment will be suspended.

Section 6. This section 21221(h) appointment shall only be made once and therefore will end on or before June 30, 2022.

Section 7. The compensation paid to retirees cannot be less than or more than the base salary as specified in the City Salary Resolution. The hourly rate paid to Godoy will be sixteen dollars and eighty-two cents per hour in accordance with the City approved Salary Resolution.

Section 8. That the Baldwin Park City Council hereby appoints Silvia Godoy as an interim appointment retired annuitant to the vacant position of Recreation Leader III for the City of Baldwin Park under Government Code section 21221(h), effective February 22, 2022.

Section 9. That pursuant to sections 7522.56 and 21221(h) of the Government Code, the City Council has determined that a critical need exists for retaining the services of “retired annuitant,” due to various ongoing and complex projects and assignments required for the operation of the City, to complete recruitment of a Recreation Leader III, to avoid a lapse in leadership and to provide guidance and transition during the replacement hiring; and
Section 10. That an appointment under Government Code Section 21221(h) requires and active, publicly posted recruitment for a permanent replacement for the critical position of Recreation Leader III; and
Section 11. The current status of the recruitment for this critical position will be advertised and publicly posted on the City of Baldwin Park website; and Section 12. That the retired annuitant’s scope of work will be focused on the following activities; Employer shall employ Retired Annuitant as the Interim Recreation Leader III. Retired Annuitant shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include assistance in the coordination of recreation programs, special events and excursions, and other recreation activities.

Section 13. That the Mayor of the City of Baldwin Park is hereby authorized to execute an Agreement with Silvia Godoy for temporary post-retirement employment, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein. The entire agreement between Godoy and the City of Baldwin Park is reviewed by this body and attached herein.

Section 14. That said action was taken during a regular meeting of the Baldwin Park City Council and considered as part of the non-consent portion of the agenda.

Section 15. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 6th day of April 2021. ___________________
__________________________________
Emmanuel Estrada
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution No. 2022-014 was duly and regularly adopted by the City Council of the City of Baldwin Park at a meeting thereof held on the April 6, 2022 , by the following vote to wit:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK
________ _________

STAFF REPORT
ITEM NO. 5
TO: Honorable Mayor and Members of the City Council
FROM: Enrique Zaldivar, Chief Executive Officer
Laura J. Thomas, Human Resources/Risk Manager
DATE: April 6, 2022
SUBJECT: Approve a Resolution to add a New Part Time Position of City Clerk Specialist to the Comprehensive City of Baldwin Park Pay Schedule

SUMMARY
This report requests City Council approval of a Resolution to revise the Comprehensive City of Baldwin Park Pay Schedule by adding a new part-time position of City Clerk Specialist to meet urgent operational needs of the City Clerk’s Office. The salary range for this part-time position will reflect an hourly rate of $18.57 at step 1, and an hourly rate of $20.91 which is at the top step of the salary range.

RECOMMENDATION
Staff recommends that the City Council approve Resolution No. 2022-2015 to add the salary range and steps for the part-time City Clerk Specialist part time position to be effective, April 6, 2022; and authorize the Director of Finance to appropriate funding to cover this new proposed position and make necessary amendments to the budget.

FISCAL IMPACT
The estimated additional fiscal impact is approximately $9,500 mostly from the General Fund.

BACKGROUND
The current Comprehensive Pay Schedule for part-time staff does not include a position suitable to meet the unique needs of the City Clerk’s Office. The unique and specialized nature of work performed in the City Clerk’s Office requires highly responsible clerical support experience, and preferably some experience working in a City Clerk Office environment. The time sensitive nature of most if not all of the activities within the City Clerk operation requires the incumbent to learn and adapt very quickly. The City Clerk Specialist will be working on several tasks some of which are complex, including but not limited to coordination of council agendas; processing time sensitive Public Record Requests (PRA); responding to calls from the general public; and preparing for municipal elections. Supplementing staff in the City Clerk’s Office is critical to ensure the City continues to provide outstanding customer service to council members, administrative staff and the general public. More importantly, this position will allow the City of Baldwin Park to operate more efficiently and provide exceptional customer service.

Per CalPERS regulations, any changes to one or more pay rates and position changes require a Resolution be presented to City Council for review and approval of such updates. These CalPERS requirements are intended to enhance the disclosure and transparency of public employee compensation by requiring that the pay rates be listed on a single pay schedule or single document.

ALTERNATIVES
Council can direct staff to consider other options to meet the needs of the City Clerk’s office

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Resolution No. 2022-015 with attached Comprehensive Pay Schedule effective April 6, 2022 RESOLUTION NO. 2022-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PAY

SCHEDULE FOR ALL FULL TIME AND PART TIME EMPLOYEES

AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIFORNIA

MINIMUM WAGE LAWS AND CALPERS GUIDELINES
WHEREAS, the City of Baldwin Park will be adding the part time City Clerk Specialist position requiring some adjustments to the City of Baldwin Park’s current comprehensive pay schedule, attached thereto as Attachment A; and WHEREAS, California Employees Retirement System (CalPERS) requires all government agencies to provide and make available to the public the salary of all full-time employees, part-time employees and Elected Officials in a single salary format specified by CalPERS; and
WHEREAS, the City of Baldwin Park has compiled the necessary salary data to update and maintain a single salary schedule required in compliance with the requirements of CalPERS and has attached said schedule to this resolution as Attachment A with the effective date of April 6, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Baldwin Park does hereby approve and authorize the comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Official is hereby effective April 6, 2022.

PASSED, APPROVED, AND ADOPTED this 6th day of April 2022. _______________________________

EMMANUEL ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-015 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 6, 2022, and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

CITY OF BALDWIN PARK
Pay Schedule
CA Code of Regulations (CCR 570.5)
Effective April 6, 2022
Job
Number Title Annual Fixed Rate
60006 Mayor $7,200.00
60008 City Council $7,200.00
60001 City Clerk (Non-Certified) $2,400.00
60002 City Treasurer $2,400.00
10005 City Commissioner (Per Meeting) $50.00
Housing Authority (Per Meeting) $30.00
Elected Officials
Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
20001 Chief Executive Officer hourly 101.16$ 106.22$ 111.53$ 117.11$ 122.96$ monthly 17,534.51$ 18,411.23$ 19,331.80$ 20,298.39$ 21,313.31$ annual 210,414.11$ 220,934.82$ 231,981.55$ 243,580.63$ 255,759.67$ 20096 Chief of Police hourly $98.22 $103.13 $108.29 $113.70 $119.39 monthly $17,024.64 $17,875.87 $18,769.67 $19,708.15 $20,693.56 annual $204,295.68 $214,510.46 $225,235.98 $236,497.78 $248,322.67 20096-A Interim Chief of Police hourly $90.16
monthly $15,627.92
annual $187,535.02
20097 Director of Community Development hourly $67.46 $70.83 $74.37 $78.09 $81.99 monthly $11,692.34 $12,276.96 $12,890.81 $13,535.35 $14,212.11 annual $140,308.09 $147,323.49 $154,689.67 $162,424.15 $170,545.36 20037 Director of Public Works hourly $70.83 $74.37 $78.09 $81.99 $86.09 monthly $12,276.96 $12,890.81 $13,535.35 $14,212.11 $14,922.72 annual $147,323.49 $154,689.66 $162,424.14 $170,545.35 $179,072.62 20092 Director of Recreation & Community Services hourly $74.20 $77.91 $81.81 $85.90 $90.19 monthly $12,861.57 $13,504.65 $14,179.89 $14,888.88 $15,633.32 annual $154,338.90 $162,055.84 $170,158.63 $178,666.56 $187,599.89 20094 Director of Finance hourly $74.34 $78.06 $81.96 $86.06 $90.36 monthly $12,885.78 $13,530.07 $14,206.58 $14,916.90 $15,662.75 annual $154,629.39 $162,360.86 $170,478.91 $179,002.85 $187,952.99 Executive Management

Page 2 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Manager hourly $46.54 $48.86 $51.31 $53.87 $56.56 $59.39 $62.36 monthly $8,066.10 $8,469.40 $8,892.87 $9,337.52 $9,804.39 $10,294.61 $10,809.34 annual $96,793.19 $101,632.84 $106,714.49 $112,050.21 $117,652.72 $123,535.36 $129,712.13 31050 Chief Deputy City Clerk hourly $32.93 $34.57 $36.30 $38.12 $40.02 $42.02 $44.12 monthly $5,707.17 $5,992.52 $6,292.15 $6,606.76 $6,937.09 $7,283.95 $7,648.15 annual $68,485.98 $71,910.28 $75,505.80 $79,281.09 $83,245.14 $87,407.40 $91,777.77 31012 City Planner hourly $44.71 $46.94 $49.29 $51.75 $54.34 $57.06 $59.91 monthly $7,748.88 $8,136.32 $8,543.14 $8,970.30 $9,418.81 $9,889.75 $10,384.24 annual $92,986.55 $97,635.87 $102,517.67 $107,643.55 $113,025.73 $118,677.01 $124,610.86 31081 Housing Manager hourly $40.92 $42.96 $45.11 $47.37 $49.74 $52.22 $54.83 monthly $7,092.52 $7,447.14 $7,819.50 $8,210.48 $8,621.00 $9,052.05 $9,504.65 annual $85,110.23 $89,365.74 $93,834.03 $98,525.73 $103,452.01 $108,624.61 $114,055.85 31031 Human Resources/Risk Manager hourly $51.30 $53.87 $56.56 $59.39 $62.36 $65.48 $68.75 monthly $8,892.86 $9,337.50 $9,804.38 $10,294.60 $10,809.33 $11,349.79 $11,917.28 annual $106,714.32 $112,050.03 $117,652.54 $123,535.16 $129,711.92 $136,197.52 $143,007.39 Unclassified Management

Page 3 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accounting Manager hourly $45.18 $47.44 $49.81 $52.30 $54.92 $57.66 $60.55 monthly $7,831.20 $8,222.76 $8,633.90 $9,065.60 $9,518.88 $9,994.82 $10,494.56 annual $93,974.44 $98,673.16 $103,606.82 $108,787.16 $114,226.51 $119,937.84 $125,934.73 31025 Building Official/Plan Check Supervisor hourly $45.35 $47.62 $50.00 $52.50 $55.12 $57.88 $60.77 monthly $7,860.67 $8,253.70 $8,666.39 $9,099.71 $9,554.69 $10,032.43 $10,534.05 annual $94,328.05 $99,044.45 $103,996.67 $109,196.51 $114,656.33 $120,389.15 $126,408.61 31010 Engineering Manager hourly $45.18 $47.43 $49.81 $52.30 $54.91 $57.66 $60.54 monthly $7,830.47 $8,221.99 $8,633.09 $9,064.75 $9,517.98 $9,993.88 $10,493.58 annual $93,965.62 $98,663.90 $103,597.10 $108,776.95 $114,215.80 $119,926.59 $125,922.92 31014 Public Works Maintenance Operations Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80070 Information Systems (IT) Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80019 Recreation & Community Services Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 Classified Management Employees Association (CMEA)

Page 4 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretary hourly $23.38 $24.55 $25.78 $27.07 $28.42 $29.84 $31.33 monthly $4,052.74 $4,255.37 $4,468.14 $4,691.55 $4,926.13 $5,172.43 $5,431.05 annual $48,632.82 $51,064.47 $53,617.69 $56,298.57 $59,113.50 $62,069.18 $65,172.64 70027 Human Resources Analyst II hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 Human Resources Analyst I hourly $27.93 $29.33 $30.80 $32.34 $33.95 $35.65 $37.43 monthly $4,841.63 $5,083.72 $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.25 annual $58,099.61 $61,004.59 $64,054.82 $67,257.56 $70,620.44 $74,151.46 $77,859.03 70022 Human Resources Technician hourly $23.85 $25.04 $26.29 $27.61 $28.99 $30.44 $31.96 monthly $4,133.64 $4,340.32 $4,557.34 $4,785.21 $5,024.47 $5,275.69 $5,539.48 annual $49,603.70 $52,083.89 $54,688.08 $57,422.49 $60,293.61 $63,308.29 $66,473.70 Classified Confidential Employees Association (CCEA)

Page 5 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant hourly $26.72 $28.05 $29.46 $30.93 $32.48 $34.10 $35.80 monthly $4,631.03 $4,862.59 $5,105.72 $5,361.00 $5,629.05 $5,910.50 $6,206.03 annual $55,572.42 $58,351.04 $61,268.59 $64,332.02 $67,548.62 $70,926.05 $74,472.35 42036 Administrative Clerk I hourly $14.31 $15.03 $15.78 $16.57 $17.39 $18.26 $19.18 monthly $2,480.50 $2,604.52 $2,734.75 $2,871.49 $3,015.06 $3,165.81 $3,324.10 annual $29,765.97 $31,254.26 $32,816.98 $34,457.83 $36,180.72 $37,989.75 $39,889.24 42037 Administrative Clerk II hourly $15.80 $16.59 $17.42 $18.29 $19.20 $20.16 $21.17 monthly $2,738.02 $2,874.92 $3,018.66 $3,169.60 $3,328.08 $3,494.48 $3,669.20 annual $32,856.20 $34,499.01 $36,223.96 $38,035.16 $39,936.92 $41,933.76 $44,030.45 80039 Assistant Planner hourly 27.30$ 28.67$ 30.10$ 31.60$ 33.18$ 34.84$ 36.58$ monthly 4,641.00$ 4,968.60$ 5,217.03$ 5,477.88$ 5,751.78$ 6,039.36$ 6,341.33$ annual 55,692.00$ 59,623.20$ 62,604.36$ 65,734.58$ 69,021.31$ 72,472.37$ 76,095.99$ 80040 Associate Engineer hourly $31.90 $33.50 $35.17 $36.93 $38.78 $40.72 $42.75 monthly $5,529.72 $5,806.20 $6,096.51 $6,401.34 $6,721.40 $7,057.47 $7,410.35 annual $66,356.59 $69,674.42 $73,158.14 $76,816.05 $80,656.85 $84,689.69 $88,924.18 80058 Associate Planner hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 80073 Building Inspector hourly $26.13 $27.44 $28.81 $30.25 $31.76 $33.35 $35.02 monthly $4,529.07 $4,755.52 $4,993.29 $5,242.96 $5,505.11 $5,780.36 $6,069.38 annual $54,348.78 $57,066.22 $59,919.53 $62,915.51 $66,061.28 $69,364.35 $72,832.57 80062 Building/Engineering Permit Technician hourly $18.91 $19.85 $20.85 $21.89 $22.98 $24.13 $25.34 monthly $3,277.26 $3,441.12 $3,613.18 $3,793.84 $3,983.53 $4,182.71 $4,391.84 annual $39,327.12 $41,293.48 $43,358.15 $45,526.06 $47,802.36 $50,192.48 $52,702.10 80033 Community Enhancement Officer hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 City Employees Association (CEA)

Page 6 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Community Enhancement Supervisor hourly $29.53 $31.01 $32.56 $34.19 $35.90 $37.69 $39.58 monthly $5,119.05 $5,375.01 $5,643.76 $5,925.94 $6,222.24 $6,533.35 $6,860.02 annual $61,428.64 $64,500.08 $67,725.08 $71,111.33 $74,666.90 $78,400.24 $82,320.26 80024 Community Services Supervisor hourly 32.93$ 34.58$ 36.31$ 38.13$ 40.03$ 42.03$ 44.13$ monthly 5,708.55$ 5,993.98$ 6,293.67$ 6,608.36$ 6,938.78$ 7,285.71$ 7,650.00$ annual 68,502.58$ 71,927.71$ 75,524.09$ 79,300.30$ 83,265.31$ 87,428.58$ 91,800.01$

Page 7 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 80077 Engineering Assistant hourly $25.44 $26.72 $28.05 $29.46 $30.93 $32.47 $34.10 monthly $4,410.36 $4,630.88 $4,862.42 $5,105.54 $5,360.82 $5,628.86 $5,910.30 annual $52,924.29 $55,570.51 $58,349.03 $61,266.48 $64,329.81 $67,546.30 $70,923.61 42045 Finance Clerk hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80026 Housing Inspector hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 42050 Housing Specialist hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 42049 Housing Technician hourly $15.85 $16.64 $17.47 $18.35 $19.26 $20.23 $21.24 monthly $2,747.02 $2,884.37 $3,028.59 $3,180.02 $3,339.02 $3,505.98 $3,681.27 annual $32,964.28 $34,612.49 $36,343.12 $38,160.27 $40,068.29 $42,071.70 $44,175.29 42020 Imaging Specialist hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80043 Information Systems Support Technician hourly $21.37 $22.44 $23.56 $24.74 $25.97 $27.27 $28.64 monthly $3,703.79 $3,888.98 $4,083.43 $4,287.60 $4,501.98 $4,727.08 $4,963.44 annual $44,445.52 $46,667.80 $49,001.19 $51,451.25 $54,023.81 $56,725.00 $59,561.25 City Employees Association (CEA)

Page 8 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Management Analyst hourly $27.59 $28.97 $30.42 $31.94 $33.54 $35.22 $36.98 monthly $4,783.00 $5,022.15 $5,273.26 $5,536.93 $5,813.77 $6,104.46 $6,409.68 annual $57,396.05 $60,265.86 $63,279.15 $66,443.11 $69,765.26 $73,253.52 $76,916.20 80069 Management Assistant hourly $25.72 $27.00 $28.35 $29.77 $31.26 $32.82 $34.46 monthly $4,457.32 $4,680.18 $4,914.19 $5,159.90 $5,417.90 $5,688.79 $5,973.23 annual $53,487.82 $56,162.21 $58,970.32 $61,918.84 $65,014.78 $68,265.52 $71,678.80 80052 Payroll Specialist hourly $22.42 $23.54 $24.72 $25.95 $27.25 $28.61 $30.04 monthly $3,885.89 $4,080.19 $4,284.20 $4,498.41 $4,723.33 $4,959.49 $5,207.47 annual $46,630.73 $48,962.26 $51,410.38 $53,980.90 $56,679.94 $59,513.94 $62,489.64 80051 Program Coordinator hourly $21.87 $22.96 $24.11 $25.31 $26.58 $27.91 $29.30 monthly $3,790.02 $3,979.53 $4,178.50 $4,387.43 $4,606.80 $4,837.14 $5,078.99 annual $45,480.29 $47,754.30 $50,142.02 $52,649.12 $55,281.58 $58,045.66 $60,947.94 80031 Program Supervisor hourly $27.60 $28.98 $30.43 $31.96 $33.55 $35.23 $36.99 monthly $4,784.71 $5,023.94 $5,275.14 $5,538.90 $5,815.84 $6,106.63 $6,411.97 annual $57,416.49 $60,287.32 $63,301.68 $66,466.77 $69,790.11 $73,279.61 $76,943.59 80081 Program Supervisor Y-Rated A hourly $36.85
monthly $6,387.17
annual $76,646.02
80035 Senior Finance Clerk hourly $21.34 $22.41 $23.53 $24.71 $25.94 $27.24 $28.60 monthly $3,699.71 $3,884.70 $4,078.93 $4,282.88 $4,497.02 $4,721.88 $4,957.97 annual $44,396.56 $46,616.39 $48,947.21 $51,394.57 $53,964.30 $56,662.51 $59,495.64 42052 Senior Housing Specialist hourly $22.11 $23.21 $24.37 $25.59 $26.87 $28.21 $29.63 monthly $3,831.91 $4,023.50 $4,224.68 $4,435.91 $4,657.70 $4,890.59 $5,135.12 annual $45,982.86 $48,282.01 $50,696.11 $53,230.91 $55,892.46 $58,687.08 $61,621.44 80041 Senior Planner hourly 36.10$ 37.91$ 39.80$ 41.80$ 43.88$ 46.08$ 48.38$ monthly 6,137.73$ 6,444.61$ 6,766.84$ 7,105.19$ 7,460.45$ 7,833.47$ 8,225.14$ annual 73,652.73$ 77,335.37$ 81,202.14$ 85,262.24$ 89,525.36$ 94,001.62$ 98,701.70$ City Employees Association (CEA)

Page 9 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly $21.22 $22.28 $23.40 $24.57 $25.80 $27.09 $28.44 monthly $3,678.50 $3,862.42 $4,055.54 $4,258.32 $4,471.24 $4,694.80 $4,929.54 annual $44,141.97 $46,349.07 $48,666.52 $51,099.85 $53,654.84 $56,337.58 $59,154.46 40054 Maintenance Worker I hourly $17.89 $18.78 $19.72 $20.71 $21.74 $22.83 $23.97 monthly $3,100.25 $3,255.26 $3,418.02 $3,588.93 $3,768.37 $3,956.79 $4,154.63 annual $37,202.99 $39,063.14 $41,016.30 $43,067.11 $45,220.47 $47,481.49 $49,855.57 40055 Maintenance Worker II hourly $19.67 $20.66 $21.69 $22.78 $23.92 $25.11 $26.37 monthly $3,410.33 $3,580.85 $3,759.89 $3,947.88 $4,145.28 $4,352.54 $4,570.17 annual $40,923.95 $42,970.15 $45,118.66 $47,374.59 $49,743.32 $52,230.48 $54,842.01 40053 Senior Equipment Mechanic hourly $23.34 $24.51 $25.74 $27.02 $28.38 $29.79 $31.28 monthly $4,046.33 $4,248.65 $4,461.08 $4,684.13 $4,918.34 $5,164.26 $5,422.47 annual $48,555.96 $50,983.76 $53,532.94 $56,209.59 $59,020.07 $61,971.07 $65,069.63 40060 Senior Maintenance Worker hourly $21.72 $22.80 $23.94 $25.14 $26.40 $27.72 $29.10 monthly $3,764.40 $3,952.62 $4,150.25 $4,357.77 $4,575.65 $4,804.44 $5,044.66 annual $45,172.82 $47,431.46 $49,803.04 $52,293.19 $54,907.85 $57,653.24 $60,535.90 Senior Maintenance Worker Y-Rated hourly $39.96
monthly $6,926.59
annual $83,119.02
40062 Street Sweeper Operator hourly $20.17 $21.18 $22.23 $23.35 $24.51 $25.74 $27.03 monthly $3,495.56 $3,670.34 $3,853.86 $4,046.55 $4,248.88 $4,461.32 $4,684.39 annual $41,946.72 $44,044.06 $46,246.26 $48,558.58 $50,986.51 $53,535.83 $56,212.62 SEIU Employees

Page 10 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
51047 Civilian Dispatcher hourly $23.76 $24.95 $26.20 $27.51 $28.88 monthly $4,118.86 $4,324.81 $4,541.05 $4,768.10 $5,006.50 annual $49,426.34 $51,897.66 $54,492.54 $57,217.17 $60,078.03 51064 Civilian Dispatcher Supervisor hourly $31.78 $33.37 $35.03 $36.79 $38.62 monthly $5,507.96 $5,783.36 $6,072.53 $6,376.15 $6,694.96 annual $66,095.51 $69,400.29 $72,870.30 $76,513.82 $80,339.51 51029 Community Service Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 51041 Parking Enforcement Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 50076 Police Officer hourly $37.08 $38.93 $40.88 $42.92 $45.07 monthly $6,426.98 $6,748.33 $7,085.74 $7,440.03 $7,812.03 annual $77,123.75 $80,979.94 $85,028.93 $89,280.38 $93,744.40 51039 Police Records Specialist I hourly $17.84 $18.73 $19.67 $20.65 $21.68 monthly $3,092.21 $3,246.82 $3,409.16 $3,579.62 $3,758.60 annual $37,106.54 $38,961.87 $40,909.96 $42,955.46 $45,103.23 51040 Police Records Specialist II hourly $19.69 $20.68 $21.71 $22.79 $23.93 monthly $3,413.04 $3,583.69 $3,762.88 $3,951.02 $4,148.57 annual $40,956.51 $43,004.33 $45,154.55 $47,412.28 $49,782.89 52085 Police Sergeant hourly $46.45 $48.78 $51.22 $53.78 $56.46 monthly $8,051.96 $8,454.56 $8,877.29 $9,321.15 $9,787.21 annual $96,623.54 $101,454.72 $106,527.45 $111,853.82 $117,446.52 51062 Police Technician hourly $25.16 $26.42 $27.74 $29.13 $30.58 monthly $4,361.13 $4,579.19 $4,808.15 $5,048.56 $5,300.98 annual $52,333.59 $54,950.27 $57,697.78 $60,582.67 $63,611.80 Police Officers Association (POA)

Page 11 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5
51071 Public Safety Trainee hourly $27.67
monthly $4,796.02
annual $57,552.24
51065 Records Supervisor hourly $29.16 $30.62 $32.15 $33.75 $35.44 monthly $5,053.97 $5,306.67 $5,572.00 $5,850.60 $6,143.13 annual $60,647.61 $63,679.99 $66,863.99 $70,207.19 $73,717.55 Police Officers Association (POA)

Page 12 of 26 ends

Job
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30090 Police Captain hourly $64.04 $67.24 $70.60 $74.13 $77.84 $81.73 $85.82 monthly $11,099.96 $11,654.95 $12,237.70 $12,849.59 $13,492.07 $14,166.67 $14,875.00 annual $133,199.47 $139,859.45 $146,852.42 $154,195.04 $161,904.79 $170,000.03 $178,500.03 30089 Police Lieutenant hourly $56.94 $59.79 $62.78 $65.91 $69.21 $72.67 $76.30 monthly $9,869.45 $10,362.92 $10,881.06 $11,425.12 $11,996.37 $12,596.19 $13,226.00 annual $118,433.34 $124,355.01 $130,572.76 $137,101.40 $143,956.47 $151,154.29 $158,712.01 Police Management Employees Association (PMEA)

Page 13 of 26 ends

$13.00
Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $16.49
$16.49$16.16
$16.49$16.16$15.85
$16.49$16.16
PT1 Cashier hourly
$15.85$15.54
$16.49$16.16$15.85$15.54
$16.82
Youth Employment Participant hourly
$16.49$16.16$15.85$15.54
$16.49$16.16
$16.82
PT2 Recreation Leader I hourly
$15.85$15.54
$16.49$16.16$15.85$15.54
$16.82
Nutrition Assistant hourly
$15.23
$16.49$16.16$15.85$15.54$15.23
$16.82
Office Clerk I hourly
$14.93
$16.16$15.85$15.54$15.23$14.93
$16.82
PT3 hourly
$14.64
$16.16$15.85$15.54$15.23$14.93
$16.82
PT4 Recreation Leader II hourly
$14.64
$16.16$15.85$15.54$15.23$14.93
$16.82
Office Clerk II hourly
$14.64
$15.85$15.54$15.23$14.93$14.64
$16.82
PT5 Intern hourly
$14.35
$15.54$15.23$14.93$14.64$14.35
$16.82
Police Cadet hourly $14.07
$15.54$15.23$14.93$14.64$14.35
$16.82
PT6 Recreation Leader III hourly
$14.07
$15.23$14.93$14.64$14.35$14.07
$16.82
PT7 Department Assistant hourly
$13.80
$15.23$14.93$14.64$14.35$14.07
$16.82
Computer Assistant hourly
$13.80
$14.93$14.64$14.35$14.07$13.80
$16.82
Maintenance Assistant hourly
$13.53
$14.64$14.35$14.07$13.80$13.53
$16.82
PT8 Recreation Leader IV hourly
$13.26
$14.64$14.35$14.07$13.80$13.53
$16.82
PT9 Maintenance Assistant II hourly
$13.26
$14.64$14.35$14.07$13.80
$16.82 $17.15
PT10 Recreation Leader V hourly
$13.53$13.26
$14.35$14.07
$16.82 $17.15 $17.50
Assistant Boxing Coach hourly
$13.80$13.53$13.26$13.00
$16.82 $17.15 $17.50
$14.35$14.07
Fleet Assistant hourly
$13.80$13.53$13.26
$16.82 $17.15 $17.50
Building Aide hourly $16.82 $17.15 $17.50
PT11 Lifeguard hourly $16.82 $17.15 $17.50 $17.85
PT12 Water Safety Instructor hourly $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 Part-Time Employees
Range

Page 14 of 26 ends

PT14 Swim Coach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 City Clerk Specialist hourly $18.57 $18.94 $19.32 $19.71 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99

Page 15 of 26 ends

PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00

Page 16 of 26 ends

10005
20001
20037
20092
20094
20096
20097
30089
30090
31010
31011
31012
31025
31031
31041
31050
31081
40053
40054
40055
40060
40061
40062
42020
42036
42037
42045
42048
42049
42050
42052
50076
51029
51039
51040
51041
51047
51062
51064
51065
51071
52085
60001
60002
60006
60008
70022
70027
70052
80019
80021
80025
80026
80031
80033
80035
80037
80040
80043
80051
80058
80062
80065
80069
80070
80073
80077
80081
20096-A

________ _________

STAFF REPORT
ITEM NO. 6
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
BY: Lourdes Morales, Chief Deputy City Clerk
DATE: April 6, 2022
SUBJECT: Approval of an Agreement with Prime Government Inc. Solutions for Legislative Management Suite

SUMMARY
This report seeks City Council consideration to approve a cohesive legislative management system that will manage all public meeting processes for City Council, Boards, and Commissions. Currently, the agenda process is compiled manually without a centralized and uniformed method. This new software will enhance public access and engagement by facilitating an automated system with the capabilities of translating governing materials in over 100 languages; shorten the agenda process; and route legislative proceedings with minimal intervention.

RECOMMENDATION
Staff recommends that the City Council:

1. Authorize the Mayor to execute a three-year agreement with Prime Government Inc. with an additional annual renewal option in an amount not to exceed $146,400 based on the sole source purchasing process per BPMC §34.23(B): Bidding exceptions; and

2. Authorize Director of Finance to make all necessary appropriation and budget adjustments from the American Rescue Plan Act (ARPA) revenue replacement category.

FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. The cost for data migration, implementation, deployment, and training for the first year amounts to a one-time cost of $67,211. The annual proposed cost for year two is $38,599.05 and year three at $40,529, with a total cost of $146,339.05 which will be funded from the ARPA funds, account #275-10-765-58105-52100.

BACKGROUND
The IT Department has operated the Granicus governmental agendas software platform since 2004.

There has been a significant increment in technological advances such as building a workflow for agenda preparation and automatization of legislative proceedings; cloud based software enabling client use from any location without a VPN; integrations with Google Translate and Office 365; YouTube and zoom integration for video streaming; automated templates of reoccurring documents; flexible incorporation of word text and excel, once-click signature feature, tracking workflow of agreements; quick member voting display; personal account annotations; speaker management tool; live closed captioning for the hearing impaired; and auditing reports.

In concurrence with key staff, the Administrative Department wishes to upgrade modules to include an agenda management software, centralized meeting management solution for committee meetings, community engagement and streaming while incorporating electronic voting and live closed captioning in compliance with ADH requirements. Prime Governmental Inc. offers the most robust software with a diverse platform to assist all internal staff in agenda preparation, individually tailored templates, and public access in multiple languages.

Additionally, the Chief Deputy City Clerk also collaborated with the Public Works Department, IT, La Cañada Design Group, and Prime Government Inc. to ensure the management suite was compatible with the AV system incorporated in the upcoming renovations of the Council Chambers. Staff desires to match the visual enhancements of the renewed space with technological improvements to facilitate public meeting access and engagement.

LEGAL REVIEW
The City Attorney has reviewed this report and the attached agreement.

ALTERNATIVES
The City Council may decide not to approve this request and direct staff to continue the current manual agenda, minutes, resolutions, contracts, ordinance process.

ATTACHMENTS

1. Proposal

2. Agreement

3. Sole Source Letter
PrimeGov Comprehensive Legislative Management Solution
Proposal for
City of Baldwin Park, CA
Customer Contact:

Lourdes Morales
Chief Deputy City Clerk
[email protected]
626-960-4011, ext. 466
PrimeGov Contact:

Michelle Cooper
Director of Sales
[email protected]
469-250-2733
Proposal Date: 3/29/2022
Proposal Expiration: 4/29/2022

2 Prime Government Solutions | 4250 Drinkwater Blvd. Suite 300 | Scottsdale AZ 85251 | 801-341-1910 3/29/2022
Michelle Cooper, Director of Sales
via email
Dear Lourdes,
Thank you for the opportunity to help you upgrade to a cohesive legislative management system that m anages your public m eeting p rocesses w ith t he la test, e asy-to-use t echnology. Pr ime Government Solutions, Inc. (“PrimeGov”) is familiar with the City of Baldwin Parks’s needs in part because we have selectively recruited the most experienced team members in the industry.

In fact, we originally started PrimeGov because we had developed strong relationships with government staff over the years and we were disheartened by the steady decline in the quality of service and the lack of technical innovation by the big software providers in this space.

PrimeGov is different because our only focus is managing the public meeting process. We do not build websites or other non-legislative products. We live to make clerks’ lives easier. It’s just what we do. Having that focus means that every day our team is in the field with our clients to see a nd h ear f or o urselves ex actly w here t he legislative p rocess n eeds a utomation. T hen, because our development team is not distracted by or competing with other products, we quickly build solutions to meet those challenges. A recent example is the ability to send property notices via postcard without ever leaving our system.

Here are some of the many ways we stand above the rest:
• Every member of our executive team and board has years of experience working with clerks. Unlike document management companies or private equity firms, we understand the p ressure st aff i s under d uring a m eeting and t he ne ed f or u s t o r espond q uickly, especially when the council and the public are waiting. • We build o ur s olution on w idely u sed a nd s upported w eb applications. T echnology, particularly video, has improved dramatically over the last five years; it no longer makes sense t o re create a v ideo p layer o r s torage w hen G oogle a nd Microsoft h ave s pent billions d eveloping a nd m aintaining their p roducts. Our r ole a s a company i sn’t to recreate the wheel but to adapt software to meet the specific needs of clerks. We offer seamless, superior integrations with popular, easy-to-use products such as Laserfiche, YouTube, Word, Zoom, Chrome, and more.

3 • Our dedication to delivering the best solutions specific to local government frees up our team to d evelop s oftware r elevant to clerks a nd m embers of th e p ublic l ooking f or information. This feature, along with our new Quick Voting solution, is why the City of Los Angeles contracted with us to replace four of their existing systems with our one. • PrimeGov’s software is 100% cloud-based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client-side installations, stream-lining deployment a nd i mplementation. P rimeGov's completely v irtual e nvironment e nsures business continuity even when faced with the toughest externalities, such as a natural disaster or a public health crisis.
• PrimeGov’s agenda management system allows f or the i nstant generation of a genda packets. Compiling and converting various staff reports and attachments into a complete agenda p acket c an t ake ho urs, b ut w ith Pr imeGov, t his i mportant function ha ppens immediately.
• The system does an automatic check to e nsure that the files of supporting documents function prior to compiling, and if they are corrupt, it identifies the broken file for easy replacement, saving you hours of time otherwise spent searching for the specific file. • PrimeGov provides powerful and flexible workflows. Our workflows can be set up to automate many tasks such a s a ppointing c itizens t o boards o r se nding e mails t o appointees. Furthermore, staff can create a peer review group as part of a workflow that allows r eviewing o r e diting p ermissions f or st aff m embers w ithout disrupting t he standard approval process.

We a re p rofessionally and personally c ommitted t o m aking Baldwin P ark’s deployment a success. Our i mplementation p lan, f lexible tr aining op tions, a nd understanding o f y our requirements ensure that your system is widely adopted. I will personally help oversee your project and the dedicated project team will include Larry Thorpe, our technical services team lead, a nd Jessica Waggoner, o ur p rofessional services m anager. O nce d eployment is complete, we’ll be there for you with our experienced support staff and stable, modern technology.

We look forward to working with you so you can see for yourselves how easy PrimeGov is to use and why our experience, technology, and focus on the legislative process make us uniquely capable of meeting the City’s requirements.

Sincerely,
Tom Spengler, Executive Chairman

4 Pricing
The P rimeGov L egislative M anagement p latform i s a s ingle, hosted solution th at w e c an partition into separate modules when clients are looking to start with specific functions only.

Should you decide to add services in the future you never have to w orry about integration or data migration issues because all modules share the same database. The pricing is based on population a nd th ere a re n o l imits to th e n umber of users, committees, or a mount of d ata uploaded to the solution.

The following PrimeGov modules are included in this proposal:
• Agenda Management Committee Management
• Meeting Management Community Engagement
• Electronic Voting Video Streaming
• Live Closed Captioning
Solution Investment
Agenda Automation $8,670
Meeting Management $6,503
Member Voting $3,468
Community Engagement $4,335
Video Streaming $4,335
• Live Closed Captioning (Service Hours) $9,450
Annual Cost $36,761
Data Migration $9,450
2 EEG HD Caption Encoders ($10,000 each) $20,000
Standard Implementation $5,000
Multi-year Agreement Discount -$4,000
Total Up-front Cost $30,450
Total First Year Cost $67,211
Subsequent Years $36,761.00 + 5% Annual Increase

5 Solution Overview:

Agenda Automation and Meeting Management Solution
Agenda Automation
With PrimeGov, you can manage the entire agenda process--from submitting an agenda item for a meeting to ensuring that the item has all the necessary supporting materials to be heard.

Agenda i tems can h ave pertinent i tem information tr acked, such a s: sponsor, b ackground, speaker, and recommendations. All custom fields can be tracked for reporting purposes. Agenda items can be moved or copied to a nother meeting with a full legislative history available. As items are moved, copied or arranged within the meetings, the numbering and formatting of the item is automatically adjusted. This makes last-minute changes simple to handle.

As part of Agenda Automation, PrimeGov includes electronic forms and our Workflow module.

Using t his a utomation, t he C lient c an a dd an a genda i tem a nd se nd i t t hrough a n approval process. This automation provides an efficient and trackable way of making sure that an item is properly reviewed and ready to be presented at a meeting.

There is no limit to the number of agenda templates that can be created in the solution. Multiple templates c an ev en b e created for i ndividual m eeting t ypes. F or ex ample, t here could b e a regular meeting and a closed s ession m eeting for t he s ame b ody. T he Cl ient h as complete control of the templates, and how they are formatted.

Documents that are added to an item either directly or through workflow can be in any format and w ill ha ve OCR performed o n t hem so t hey c an b e se arched easily. T hey w ill a lso be converted to PDF. There are no proprietary file formats used in the solution.

Once an agenda and all its supporting materials have been added to the system the Client can compile them into a packet with the click of a button. That packet as well as the agenda can be published to the Client website with another click of a button.

Key Module: Workflow
The P rimeGov W orkflow m odule a llows for the a utomation of v irtually a ny business process. This means that not only can it be used to track and manage the submission of agenda i tems, but i t c an a lso b e c onfigured to a utomate th e p rocesses s urrounding

6 meeting such a s; s cheduling, n otifications, agenda r eview, agenda d istribution, citizen input, meeting actions, and staff follow up after the meeting.

Included Features:
• Automatic initiation of workflow when an action request is submitted electronically • Easy document routing for review and approval
• Automatic notification via email or workflow queue
• Parallel work process
• User friendly administration
• Unlimited workflows can be created
• Reporting
• Real-time monitoring of flows to show where action requests are in the process • Deadlines can be set for tasks to be completed
Key Module: Meeting Viewer and Annotations
The P rimeGov Meeting Viewer is p rovided wit h t he s olution. Meeting Viewer a llows users to view different document types without having to have the native application on their device. It also allows users to annotate their copy of the agenda and supporting materials. Some o f t he a nnotations i ncluded a re no tes, hi ghlighting, r edaction, signatures, and more. When a user annotates their copy of the agenda, they will have their annotations on the agenda when they log in for the meeting. Because the PrimeGov solution is 100% web-based and has been designed with mobile-first technology, users can access the system from any device that has a web browser.

Meeting Management
During a meeting, all roll calls, motions, votes, minutes, notes, actions, and video streaming can be performed with ease. The PrimeGov real-time meeting management tools provide a single interface that allows all aspects of the meeting to be managed, often by a single u ser.

Alternatively, the system allows members of the board to r ecord their own votes using their web-enabled device. The real-time meeting tools also provide options for citizen engagement:

Information about the current item, speakers, motion information, and votes can be displayed in the m eeting or on line via th e p ublic portal i n r eal ti me. Citizens c an also p articipate in conversations with other citizens and leave comments about the meeting as it progresses via the public p ortal. A ll th e c omments, conversations, a nd i nformation a bout t he m eeting a nd specific agenda items can be archived and stored or made available to the public post meeting as part of the meeting page or legislative history if the Client chooses to d o so. In addition, a Speaker Management system is built in that allows for speakers to sign up for a topic they want 7 to address the board about. Once they begin speaking a user can start the timer, so they know when their time is up.

Key Feature: Speaker Management
A s peaker management i nterface i s i ncluded as p art o f M eeting Management a nd includes a t imer t hat can be displayed i n chambers. Speaker M anagement c an b e configured in a couple different ways. Members of the public that would like to speak on a particular item can either sign up online, and be automatically added in the system, or can be manually added by the clerk or other user that is managing the meeting in the system. How they are placed in the system is completely up to the Client. Once it is time for the speaker to start talking the clerk or other user can start the timer. Additional time can be added if needed.

Member Voting
The Meeting Management interface called Meeting Viewer also provides a means for the members to record their vote during a meeting and offers the ability to communicate the voting process of agenda items to the public. This solution allows voting members and support personnel the opportunity to electronically view items and supporting documentation on the agenda and to electronically cast votes on motions. The Voting solution provides an automated and effective approach to recording the events of the meeting to make it easy for the supporting personnel to follow along and manage the meeting as it is in session.

Video Streaming
The Video/Audio recording is integrated into the live meeting module and allows the video to be easily started, items to be timestamped, and video to be embedded into the public portal and legislative history. All of this is from within the same interface used for running the meeting. The live stream and on-demand recordings are managed through YouTube’s powerful distribution platform. One of the advantages to using YouTube is that they provide a free audio-translation component that can be used for closed captions. The Client will need an encoder to stream, but all existing cameras, microphones, etc. will work.

Live Closed Captioning
Clients may choose to ta ke advantage of PrimeGov’s cloud-based L ive Closed Captioning o ffering t o e nhance t heir meeting v ideos. Automated c losed c aptioning i s available without the purchase of any additional equipment and increases accessibility and transparency for constituents.
8 Committee Management: Optional
PrimeGov h as i ntegrated t he management o f b oards an d c ommissions as a core part o f our solution. It is not a separate module or an afterthought, it’s built right in. Viewing, editing, and adding committees, boards, members, or positions, has never been easier. In one succinct view, a user can take care of all committee tasks efficiently and effectively. They can quickly create initial and subsequent terms, and even split terms if a seat becomes vacant mid-term.

Customers can create meetings customized to a committee's schedule, including the ability to specify the exact cadence, time, and location of meetings. Once the meeting is scheduled, the PrimeGov Committee M anagement will keep c ommittee m embers regularly informed a bout their u pcoming meetings. Co mmittee m embers h ave a ccess t o t heir s chedule a nd meeting materials on their mobile device so that they are always informed wherever they go.

Integrating Committee Management as a core piece of the software allows an unlimited number of meeting types to be created for each committee. Each meeting type can have a variety of templates (agenda, minutes, action summary, confidential, etc.) that a llows for maximum flexibility without duplicating data entry or administrative efforts.

Community Engagement:

Improving c ommunity e ngagement o ptions i s core t o t he Pr imeGov mission. We b elieve technology can improve communications between elected officials and their local community.

The Community Engagement module includes the following:

Key Feature: Community Comment
This software creates a public portal for citizens to comment on individual agenda items.

The comments are text-based and a character limit can be established to replicate the time limit used for public speakers when meetings are in person. All comments will be aggregated i nto a s imple re port a nd provided t o el ected o fficials. Co mments are n ot publicly viable until they are published by the agency during or after the meeting.

Key Feature: Community Request-to-Speak
The Request to Speak functionality allows community members to sign up to request to speak for any agenda item. The software will manage the sign-up and provide an ordered list of public speakers that can be called on during the meeting. 9 Public Portal
The Public Portal can be integrated directly within the Client’s website, providing a seamless look a nd feel. Constituents c an search for a nd view meeting a gendas, minutes, supporting materials, and video/audio. The portal also provides the ability for constituents to search the legislative history of an agenda item showing virtually all the information the system knows about the item. This includes the meeting history, voting records, speakers, and video specific to the item.

An i nternal p ortal can also b e u sed i f th e Client would l ike to p ublish s pecific i nformation internally prior to it being made available to the public.

Data Migration
PrimeGov has developed custom data migration tools to transfer the Client’s data from Granicus and/or SIRE into the PrimeGov system to ensure the Client keeps all its meeting information and videos. PrimeGov will work with the C lient to e stablish the s cope of migration w hich varies based on volume of data and current systems. The migration tool can access the data (read- only) to pull it from the current system and bring it into the PrimeGov system. We conduct each migration w ith th ree s tages f ollowed by a v alidation p eriod. T hese s tages of m igration are meeting records, video uploads and metadata/attachments.

Global Features and Services
Standard Reports
The PrimeGov reporting engine allows users to configure reports on any data stored in the system. Users can create “views” using system tools then use those views to create their own report. Standard reports are also provided and include:
• Committee member reports
• Committee Vacancy Reports
• Vote Records
• Attendance Records
• Audit report (login, adds, deletes, etc.)
• Usage Reports (Items Submitted, Items Approved, Review Time) All reports can be exported to (PDF, CSV, and Excel). Users can filter and re-run standard reports or save them.

Mobile Accessibility
10 As a completely web-based solution, anyone with permissions can view and access the agendas, minutes, and supporting documents from any device that has a web browser.

The solution has been designed with mobile-first technology so that the product displays and scales appropriately depending on the device the user is viewing it on.

API
The PrimeGov Legislative Management Suite is driven by Restful Web Services. T his allows virtually anyone (other software vendors, open data developers) the Client allows to consume the data available in the system. Access is controlled by the Client and the available “datasets” are published by the Client, just like publishing an agenda. 1 PRIMEGOV SERVICE AGREEMENT
THIS AGREEMENT (the “Agreement”)is made on the day of 20

BETWEEN

1. PRIME GOVERNMENT SOLUTIONS, INC., having its principal office at 3429 Derry Street, Harrisburg, PA 17111 (the “Supplier”); and

2. _City of Baldwin Park_, whose registered office is at 1440e E. Pacific Avenue, Baldwin Park, CA 91706 (the “Customer”)
(and at times referred to in this Agreement as a “party” or “parties”)

BACKGROUND
A. The Supplier has developed and owns the Service (as defined in clause 1) and has granted to the Customer a non-exclusive license to use such Service solely for Customer’s internal operations and in accordance with the terms and conditions of this Agreement.

The terms of this Agreement shall also apply to any updates and upgrades subsequently provided by Supplier to Customer for the Service. Supplier may update the functionality of or make modifications to the Service and user interface of the Service from time to time in its sole discretion and shall not be liable to Customer or to any third party for any modification of the Service. Supplier will use commercially reasonable efforts to notify Customer of any material modifications.

B. The Customer wishes the Supplier to provide certain support services in respect of the Service in accordance with the provisions set out in Schedule 1 of this Agreement (“Support Services”).

OPERATIVE PROVISIONS
1 DEFINITIONS
In this Agreement the following expressions will have the following meanings unless inconsistent with the context:
“Affiliate” means any company or non -corporate entity that controls, is controlled by, or is under common control with a party. An entity shall be regarded as in control of another company or entity if it owns or directly or indirectly controls more than 50 per cent. of the voting rights of the other company or entity. “Application Password” means any encryption keys, certificates, passwords, access codes, user IDs or other login information provided to or used by Customer for the purpose of accessing and using the Service.
“Business Day” a day that is not a Saturday, Sunday, or public holiday. “Client Environment” means the Customer hardware and software system containing the minimum specification, which the Customer, as advised by Supplier, is required to have to enable the Customer to connect with the Service.
“Customer Data” means data, information or material provided or submitted by Customer or any User to the Supplier in the course of utilizing the Service. “Data Controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any data are, or are to be, processed. “Data Processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own.
“Effective Date” means the date of this Agreement signed by the Supplier and the Customer. “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever, registered or unregistered, including patents, know-how, software, code, intellectual property specifications, design plans, prototypes, drawings, software, software documentation, material, documents, ideas, operations, processes, product information, know how, and the like including mode and procedures of development of source code, registered trademarks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trademarks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, and any other rights in any invention, discovery or process, in each case in all countries in the world and together with all renewals and extensions.
“Personal Data” means data that is processed by the Supplier on behalf of the Customer in relation to this Agreement and may include any information or data derived from Services 2 that alone or together wit h any other information relates to an identified or identifiable natural person, or data considered to be personal data as defined under applicable privacy law.
“Pricing Schedule” means Schedule 2 to this Agreement which sets out the prices andpayment terms for the Service.
“Professional Services” means the general consulting, implementation and/or training services to be provided to Customer.
“Purchase Order” means a purchase order issued by the Customer to the Supplier for the Service. “Service” means Supplier’s online software applications purchased by Customer and maintained through Support Services by Supplier including associated offline components and ancillary online or offline services to which Customer is granted access under this Agreement.
“Service Level Commitments” the service level commitments in respect of the Service to the Customer as more particularly set out in Schedule 1.
“Term” means the term of this Agreement as specified in clause 3. “User” means one (or, if more than one, “ Users”) of Customer’s employees, representatives, consultants, contractors or agents and other persons expressly permitted by Customer in connection with Customer’s business affairs who are authorized to use the Service and have been supplied User identifications and passwords by Customer.
2 INTERPRETATION

2.1 Person: The expression “person” means any individual, firm, body corporate, unincorporated association, or partnership, government, state, or agency of a state or joint venture.

2.2 Headings: The index and headings to the clauses, the Appendices and Schedules of this Agreement are for convenience only and will not affect its construction or interpretation.

2.3 Statutes: Any reference to a statute or statutory provision and all regulations and notices made pursuant to it (whether made before or after the date of this Agreement), includes a reference to the same as from time to time amended, modified, extended, re-enacted, consolidated, or replaced provided that amendments, consolidations, modifications, extensions, re-enactments or replacements made after the date of this Agreement will not have substantively changed any provision which is relevant to this Agreement.

2.4 Provisions of the Agreement: Any reference in this Agreement to a clause, Schedule or Appendix is a reference to a clause, Schedule or Appendix of this Agreement and references in any Schedule or Appendix to paragraphs relate to the paragraphs in that Schedule or Appendix. The Schedules and Appendices form part of this Agreement and will have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement will include the Schedules and Appendices.

2.5 Writing: Any references to “writing” or “written” includes references to any communication effected by post, facsimile, email or any comparable means.
3 TERM

3.1 This Agreement shall unless terminated in accordance with clause 19, commences on the Effective Date and shall continue for an initial period of XXXX (X) years therefrom (the “Initial Term”).

3.2 The term of this Agreement shall automatically extend for a period of one (1) year (the “Extended Term”) at the end of the Initial Term and at the end of each Extended Term, unless either party gives written notice to the other party not later than three (3) months before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may.
4 CUSTOMER USE OF THE SERVICE

4.1 Supplier grants Customer a license to access and use the Service during the Term via the internet under and subject to the terms of this Agreement. Supplier reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time.
5 FEES AND PAYMENT

5.1 Customer agrees to pay fees as set forth in the Pricing Schedule (“Service Fees”).

5.2 The Service Fees are to be paid annually in advance commencing on the Effective Date of this agreement and are non-refundable.

5.3 The Service Fees shall be billable and payable annually in advance for a twelve (12) month period at a time (a “Service Year”) on the anniversary of the Effective Service Date (“Renewal Date”) for the first year and for each year thereafter the Service Fees shall be payable annually in advance on each subsequent anniversary of the Renewal Date. One month prior to the expiry of a Service Year (“Service Year Expiry Date”) the Service Fees for the Service Year will be invoiced by the Supplier to the Customer in respect of the Service to be provided in the following Service Year. The Customer shall pay the Service Fees on or before the relevant Service Year Expiry Date.
3 5.4 Where any additional Service(s) is acquired by the Customer during the period between one Renewal Date and the next Renewal Date (the “Installation Year”) the Service Fees payable shall be calculated pro-rata, from the date of the Purchase Order for the Service(s) in the Installation Year up to the next Renewal Date applicable to Customer’s other Licenses. For all subsequent years thereafter, the Service Fees shall be payable annually in advance on each anniversary of the Renewal Date in accordance with this Agreement.

5.5 Where the Supplier performs Professional Services under this Agreement (such as configuration of the Support Service if requested by Customer or migration of Customer Data to the Service), such services shall be invoiced by the Supplier on a time and material basis in accordance with the Supplier’s rates in effect at the time of provision of such services (“Professional Services Fees”) unless otherwise agreed in writing between the Parties and will be payable without withholding, deduction or off set of any amounts for any purpose.

5.6 The Service Fees and Professional Service Fees do not include local or foreign taxes, duties, fees, and levies imposed from time to time by any government or other authority (“Taxes”) and such Taxes, where applicable, will be payable by the Customer on the Service Fees and Professional Services Fees, at the rate applicable at the time of supply of the Service and/or Professional Services.

5.7 The Customer shall pay each invoice within thirty (30) days of receipt of this invoice.

5.8 Customer agrees to provide Supplier billing and contact information as Supplier may reasonably require. Customer agrees to update this information promptly by means of email to the Supplier and in any case within fifteen (15) days, if there is any change. 6 NON-PAYMENT

6.1 Customer’s account will be considered delinquent (in arrears) if the Supplier has not received payment in full within thirty (30) days after the due date, and without prejudice to any other rights and remedies of the Supplier;

6.2 Interest shall accrue on any payments (or any part thereof) outstanding at a rate of one and a half per cent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower, plus all expenses of collection, including reasonable legal fees and court costs;

6.3 Subject to clause 6.6 below, the Supplier may, upon giving ten (10) days written notice but without liability to the Customer, disable/suspend the Customer’s password, account and access to all or part of the Service and the Supplier shall be under no obligation to provide any or all of the Service while the invoice(s) or any part thereof, remains unpaid;

6.4 Supplier may in its discretion, decide not to exercise its rights under clause 6.2 (interest) and 6.3 (suspension), if Customer is disputing the applicable Service Fees and/or Professional Services Fees reasonably and in good faith and is cooperating diligently to resolve the dispute.

6.5 Supplier reserves the right to impose a reconnection fee if the Service is suspended (as a result of Customer’s breach) but subsequently reinstated.

6.6 Without recourse to clause 6.1 (delinquency), Supplier reserves the right to terminate this Agreement if Customer’s account falls into arrears thirty (30) days after the due date.
7 RESTRICTIONS ON USE OF THE SERVICE

7.1 The Customer may not:

7.1.1 make the Service or use the Service for the benefit of anyone else other than the Customer and the Customer’s Users.

Customer shall access and use the Service only to the extent of authorizations acquired by the Customer in accordance with this Agreement (for example the quantity specified in the relevant Purchase Order) and Customer agrees that the Customer is solely responsible for use of the Service by any Users who access and/or use the Service. Customer agrees to immediately notify the Supplier if Customer becomes aware of any loss or theft or unauthorized use of Customer’s account credentials.

7.1.2 sublicense, resell or supply the Service for use in or for the benefit of any other organization, entity, business, or enterprise without Supplier’s prior written consent;

7.1.3 submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third-party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter ”). Customer will be responsible to ensure that its Users do not submit any Objectionable Matter. In addition, the Supplier may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on the Supplier web site and Customer and Customer’s Users will be bound by any such rules. Supplier reserves the right to remove any Customer Data that constitutes Objectionable Matter or violates any Supplier rules regarding appropriate use but is not obligated to do so. Customer and Customer’s Users will comply with all applicable laws regarding Customer Data and use of the Service.

7.1.4 interfere with or disrupt the integrity or attempt to gain unauthorized access to the Service or the Supplier’s intellectual property therein;

7.1.5 copy the Service or any part, feature, function or user interface thereof;

7.1.6 frame or mirror any part of any Service on any other server or wireless or internet-based device outside of the agreed usage in this contract; or

7.1.7 access any part of the Service in order to build a competitive product or service or to build a product using similar ideas, features, functions or graphics of the Service;

7.2 Supplier reserves the right to disable, suspend or terminate this Agreement for cause in case the Customer breaches the provisions of this clause 7.
8 CUSTOMER DATA

8.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

8.2 Supplier will use best efforts to provide protection using current technological standards to protect Customer Data against unauthorized disclosure or use.

8.3 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration, or disclosure of Customer 4 Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data maintenance and back-up).

8.4 Subject to the terms and conditions of this Agreement, Customer grants to Supplier a non-exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonably necessary to provide and maintain the Service. 9 CUSTOMER'S OBLIGATIONS

9.1 The Customer shall:

9.1.1 provide the Supplier with:
(i) all necessary co-operation in relation to this Agreement; and (ii) all necessary access to such information as may be required by the Supplier in order to render the Service, including but not limited to Customer Data, security access information and configuration services;

9.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;

9.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;

9.1.4 ensure that the Users use the Service in accordance with the terms and conditions of this Agreement and shall be responsible for any User’s breach of this Agreement;

9.1.5 obtain and shall maintain all necessary licenses, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Service;

9.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time;

9.1.7 shall be solely responsible for protecting and safeguarding all Application Passwords, as Customer will be the only party with knowledge of its passwords. If Customer makes such Application Passwords available to any third party, Customer shall be liable for all actions taken by such third party in connection with the Service. Customer shall not disclose or make available the Application Password other than to Customer's authorized employees or contractors, shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Application Password and the Service and will notify the Supplier promptly of any such unauthorized access or use and make any disclosures related to such unauthorized access or use which may be required under any applicable laws; and

9.1.8 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 10 PROFESSIONAL SERVICES

10.1 Customer may retain Supplier to perform Professional Services as the parties may agree upon in writing (“Work Order”). Supplier will use reasonable efforts to carry out the Professional Services stated in the Work Order and to provide any resulting functionality in the Service made available online to Customer and Customer’s Users. Except as the parties otherwise agree in a Work Order, Professional Services and the results thereof are made available “AS IS.”

10.2 Unless otherwise agreed in writing either under this Agreement or in the Work Order, Professional Services are provided by Supplier on a time and materials basis. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Work Order basis under this clause 10 unless otherwise agreed in writing. The code and functionality made or provided under this clause 10 and all proprietary and intellectual property interests therein, will be Supplier’s property.

Access to the results of Professional Services will be available, subject to any further terms as may be agreed between the parties, as part of the Service during the Term unless otherwise agreed in writing. 11 INTELLECTUAL PROPERTY RIGHTS

11.1 Customer will not acquire any title copyright or other proprietary rights or Intellectual Property Rights in the Service or to the source code of the Service including in any materials or supporting documentation provided under the Service as provided in this Agreement.

11.2 The Supplier shall at all times be the sole owner of all title and Intellectual Property Rights emanating from any intellectual property, additional coding, data or patents, any discovery, invention, secret process, development, research or improvement in procedure that may be generated in connection with this Agreement including, but not limited to, any derivative works and Customer-specific enhancements and modifications. All intellectual property and other proprietary rights made, conceived or developed by the Supplier alone or in connection with the Customer in the course of the supply of the Service shall at all times be and remain the sole and exclusive property of the Supplier along with any improvement of any process, know-how, technology and any other materials in respect of the Service to be provided under this Agreement.

11.3 The Customer agrees not to remove, modify or use in any way any of Supplier’s proprietary marking, including any trademark, product or service names or copyright notice, without the prior written consent of the Supplier. 12 PRIVACY
Supplier agrees to implement its privacy policies in effect from time to time. 13 SERVICE LEVEL WARRANTY
Supplier warrants during the Term of this Agreement that the Service will meet the Service Level Commitment stated in Schedule

1. 14 ADDITIONAL WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. 15 INDEMNIFICATION

15.1 Supplier will defend, indemnify, and hold Customer (and its officers, directors, employees and agents) harmless from and against all costs, liabilities, losses, and expenses (including reasonable legal fees) (collectively, “Losses”) arising from any third-party claim, suit, action, or proceeding arising from the actual or alleged infringement of any copyright, patent, trademark, or misappropriation 5 of a trade secret by the Service or Supplier Content (other than that due to Customer Data). In case of such a claim, Supplier may, in its discretion, procure a license that will protect Customer against such claim without cost to Customer or replace the Service with a non-infringing Service. THIS CLAUSE 15.1 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT OR CLAIMS ALLEGING INFRINGEMENT. This indemnity by Supplier shall not apply to the extent that the claim of infringement of Intellectual Property Rights arose as a result of i) any negligent act or omission or willful misconduct of the Customer pursuant to this Agreement; (ii) any misuse or modification of the Service by the Customer, including, but not limited to the Customer’s use of the Service in a manner inconsistent with information, directions, specifications, or instructions provided and approved by Supplier; (iii) the Customer’s use of the Service in combination or conjunction with any product, service, device, or method not owned, developed, furnished, recommended, or approved by Supplier; (iv) the combination, operation or use of the Service with non-Supplier programs, data, methods or technology if such infringement would have been avoided without the combination, operation or use of the Service with other programs, data, methods or technology, or (v) Customer’s breach of any of the provisions of section 7 of this Agreement.

15.2 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from and against all Losses arising out of or in connection with a claim, suit, action, or proceeding by a third party (i) alleging that the Customer Data or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of clause 7 above.

15.3 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third-party subpoena or compulsory legal order or process that seeks Customer Data and/or other Customer-related information or data, including, without limitation, prompt payment to Supplier of all costs (including legal’ fees) incurred by Supplier as a result. In case of such subpoena or compulsory legal order or process, Customer also agrees to pay Supplier for its staff time in responding to such third-party subpoena or compulsory legal order or process at Supplier’s then applicable hourly rates.

15.4 In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified (“Indemnitee”) will provide the indemnifying party (“Indemnitor”) reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault, or liability. 16 DISCLAIMERS AND LIMITATIONS

16.1 Except with regard to Customer’s payment obligations under clause 5 and with regard to either party’s indemnification obligations under clause 15, in no event will either party’s aggregate liability exceed the Service Fees due for the preceding twelve (12) month period at the time of the event or circumstance giving rise to such claim. Except in regard to Customer’s breach of clause 7, in no event will either party be liable for any indirect, special, incidental, consequential damages of any type or kind (including, without limitation, loss of data, revenue, profits, use or other economic advantage).

16.2 The Supplier is not responsible for any defects or damages resulting from Customer's or Customer's agents or employees mishandling, abuse, misuse, accident, or Force Majeure. The Customer agrees to inform the Supplier of any Customer system change that may reasonably be expected to affect the Supplier's ability to provide the Service and shall notify the Supplier of any change to its IT configuration affecting the Services. The Supplier shall not be held responsible for the availability of telephone lines, the Internet, electricity, or servers outside its reasonable control. The Supplier provides no warranty or guarantee in relation to speed of delivery of the Service, including the speed of any restores. The speed of delivery of the Service is dependent on factors outside the control of the Supplier including inter alia the speed, functionality and condition of the Customer’s IT infrastructure, the amount of data being restored and/or the bandwidth of the Customer's internet connection. Any errors caused arising from the inadequacy or defectiveness of the Customer’s IT infrastructure and/or the connectivity and bandwidth of the Customer's internet connection may affect the delivery of the Service including the performance of any restores. The Supplier will notify Customer of any technical failures in respect of delivery of the Service of which it is aware and subject to the terms of the Service Level Commitments, will endeavor to work with Customer to assist with rectification of any such failures. Customer acknowledges that changes may be required to the Customer’s IT infrastructure and/or to its internet connectivity including its bandwidth capacity or otherwise to improve the speed, performance and/or delivery of the Service. Customer shall be responsible for the cost of any such changes. Any administrative and technical notifications in respect of the delivery of the Service will be sent by email to the Customer.

16.3 Except as set forth in the Service Level Commitments, the Supplier makes no warranty that the Service will be uninterrupted, timely, secure or error free. The Supplier expressly disclaims all liability howsoever arising from any change made to the Customer's IT configuration of the Client Environment of which Customer has not notified the Supplier in writing. No statement, whether oral or written, obtained by Customer from the Supplier shall create any warranty not expressly made herein.

16.4 The Customer recognizes that the Internet consists of multiple participating networks that are separately owned and not subject to the Supplier's control. The Customer agrees that the Supplier shall not be liable for damages incurred or sums paid when the Service is temporarily or permanently unavailable due to malfunction of, or cessation of, internet services by networks or Internet service providers not subject to the Supplier's control, or for transmission errors in, corruption of, or the security of the Customer Data or data transmitted through the Service carried on such networks or Internet service providers. The Supplier shall have no liability hereunder for damages incurred or sums paid due to any fault of Customer or any third party, or by any harmful components (such as computer viruses, worms and computer sabotage). The Supplier is not liable for any breach of security on the Customer's network, regardless of whether any remedy provided in this Agreement fails in its essential purpose.

16.5 THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY SUPPLIER.

THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES. 17 CONFIDENTIALITY

17.1 “Confidential Information” means non-public information, technical data or know-how of a party and/or its Affiliates, which is furnished to the other party in written or tangible form in connection with this Agreement. Oral disclosure will also be deemed 6 Confidential Information if it would reasonably be considered to be of a confidential nature or if it is confirmed at the time of disclosure to be confidential.

17.2 Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by the receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order, provided that the receiving party will promptly inform the providing party of any such requirement and cooperate with any attempt to procure a protective order or similar treatment.

17.3 Neither party will use the other party’s Confidential Information except as reasonably required for the performance of this Agreement. Each party will hold in confidence the other party’s Confidential Information by means that are no less restrictive than those used for its own confidential materials. Each party agrees not to disclose the other party’s Confidential Information to anyone other than its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party’s obligations hereunder. The confidentiality obligations set forth in this clause 17 will survive for five (5) years after the termination or expiration of this Agreement.

17.4 Upon termination or expiration of this Agreement, except as otherwise agreed in writing or otherwise stated in this Agreement, each party will, upon the request of the disclosing party, either: (i) return all of such Confidential Information of the disclosing party and all copies thereof in the receiving party’s possession or control to the disclosing party; or (ii) destroy all Confidential Information and all copies thereof in the receiving party’s possession or control. The receiving party will then, at the request of the disclosing party, certify in writing that no copies have been retained by the receiving party, its employees or agents.

17.5 In case a party receives legal process that demands or requires disclosure of the disclosing party’s Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand. 18 DATA PROTECTION

18.1 The parties agree that the Customer is the Data Controller and the Supplier is the Data Processor in respect of any Personal Data.

18.2 The Supplier will:

18.2.1 take appropriate technical and organizational measures against unauthorized or unlawful processing of, and accidental loss or destruction of, or damage to, Personal Data, having regard to the state of technological development and the cost of implementing any measures, to ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing, accidental loss, destruction or damage and the nature of the Personal Data;

18.2.2 only process Personal Data in accordance with instructions from the Customer and the Customer shall not provide the Supplier access to sensitive personal information that imposes specific security data security obligations for the processing of such data.; and

18.2.3 take reasonable steps to ensure the reliability of its employees who have access to the Personal Data. 19 TERMINATION

19.1 If a party:
(a) commits a material breach of this Agreement which cannot be remedied; or (b) commits a material breach of this Agreement which can be remedied but fails to remedy that material breach within sixty (60) days of a written notice setting out the breach and requiring it to be remedied being given by the other party (or such longer period where agreed between the parties. the other party may terminate this Agreement immediately by giving not less than sixty (60) days’ written notice to that effect to the party in breach.

19.1.1 A breach can be remedied if the party in breach can comply with the relevant obligation in all respects other than as to time of performance unless time of performance of such obligation is of the essence.

19.1.2 This clause Error! Reference source not found.will not apply to any failure by the Customer to make any payment due to the Supplier under this Agreement on or before the due date. Clause 19.2 will apply instead to any such failure.

19.2 The Supplier may terminate this Agreement by giving not less than thirty (30) days’ written notice to that effect to the Customer if the Customer fails to make any payment due to the Supplier under this Agreement within sixty (60) days after the relevant due date for payment.

19.3 Either party may terminate this Agreement immediately by giving written notice to that effect to the other party if the other party becomes insolvent. Each party will notify the other party immediately upon becoming insolvent.

19.4 If an application for an administration order, a notice of intention to appoint an administrator or a winding up petition is the only grounds for giving notice to terminate, that notice will be deemed to be ineffective if:

19.4.1 in the event of an application for an administration order being made, that application is withdrawn or dismissed within ten (10) Business Days of being made;

19.4.2 in the event of a notice of intention to appoint an administrator being filed, no administrator is appointed within ten (10) Business Days of the notice being filed; or

19.4.3 in the event of a winding up petition being presented, that petition is withdrawn or dismissed prior to advertisement and within ten (10) Business Days of presentation.

19.5 The Supplier’s rights of termination set out in this Agreement are in addition to and not in substitution for any rights of termination which may exist at common law.

19.6 Termination of this Agreement for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
20 CONSEQUENCES OF TERMINATION

20.1 The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination.

20.2 If the Supplier terminates or suspends the Service under this Agreement, Customer must pay within thirty (30) days all Service Fees and Professional Services Fees that have accrued prior to such termination or suspension, as well as any fees that remain unpaid for the Service up to date of termination or suspension plus related taxes and expenses. If the Agreement is terminated by Customer for any reason other than a termination expressly permitted by the Agreement, Customer agrees that the Supplier 7 shall be entitled to the Service Fees payable for the Service under the Agreement for the entire Initial Term or if terminated during an Extended Term, the Service Fees payable for the entire Extended Term, unless a provision to the contrary is stipulated in the Agreement.
_______________________

20.3 The clauses in this Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

20.4 The Customer shall not be entitled on or after the termination of this Agreement for any reason whatsoever to a rebate of any Service Fees paid in advance of their due date.

20.5 On termination of this Agreement howsoever arising the Customer will at the direction of the Supplier return to the Supplier any documents in its possession or control which contain or record any Confidential Information. 21 FORCE MAJEURE

21.1 Neither party to this Agreement will be deemed to be in breach of this Agreement or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations under this Agreement due to Force Majeure, provided that it has complied and continues to comply with its obligations set out in clause 21.2. “Force Majeure” means in this Agreement catastrophic events of environmental and unforeseen nature. Examples defined as Force Majeure include, but are not limited to, hurricanes, tornados, earthquakes, and others of like unforeseen environmental impacts.

21.2 If a party’s performance of its obligations under this Agreement is affected by Force Majeure:

21.2.1 it will give written notice to the other party, specifying the nature and extent of the Force Majeure, within seven days of becoming aware of the Force Majeure and will at all times use all reasonable endeavors to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing, to mitigate its severity, without being obliged to incur any expenditure;

21.2.2 subject to the provisions of clause 21.3, the date for performance of such obligation will be deemed suspended only for a period equal to the delay caused by such event; and

21.2.3 it will not be entitled to payment from the other party in respect of extra costs and expenses incurred by virtue of the Force Majeure.

21.3 If the Force Majeure in question continues for more than three (3) months a party may give written notice to the other to terminate this Agreement. The notice to terminate must specify the termination date, which must not be less than fifteen (15) days and once such notice has been validly given, this Agreement will terminate on that termination date.

21.4 If the Agreement is terminated in accordance with clause 21.3, then neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to exist. 22 EMPLOYEES NON-SOLICITATION

22.1 Notwithstanding any degree of supervision exercised by either party over employees of the other, in no circumstances will the relationship of employer and employee be deemed to arise between either party and an employee of the other.

22.2 Unless this Agreement is earlier terminated by reason of the Supplier’s Insolvency (“Insolvency Event”) when no such restrictions shall apply, during the term of this Agreement and for a period of six months after its termination, Customer will not and will ensure that its Affiliates will not, directly or indirectly, without the prior written consent of the other, solicit, or permit any of its group companies to solicit or entice, the employment of any person who is employed by the other party or any of its group companies and whose role either wholly or partly relates to the provision of the Service or the performance of this Agreement.

For the purposes of this clause 22, “solicit” or “entice” means the soliciting or enticing of such person with a view to engaging such person as an employee, director, subcontractor, consultant or independent contractor or through a company owned by such person or his or her family but will not apply in the case of any such person responding without enticement to a job advertisement which is capable of being responded to by members of the public (or sections thereof) generally.

22.3 In such circumstances where the Supplier suffers an Insolvency Event, nothing in this clause 22 will prohibit the Customer from soliciting or enticing or attempting to solicit or entice the employment of any of the key personnel for the duration of that Insolvency Event.
23 ASSIGNMENT

23.1 Either party may assign, novate or deal in any other manner with any of its rights and obligations under this Agreement.

23.2 Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns.
24 NOTICES

24.1 Notices will be in writing, in the English language, marked for the attention of the specified representative of the party to be given the notice or communication and:

24.1.1 sent by pre-paid first-class post to that party’s address;

24.1.2 sent by e-mail to that party’s e-mail address (with a copy sent by pre-paid to that party’s address within twenty-four (24) hours after sending the e-mail).

The address, e-mail address and representative for each party are set out below and may be changed by that party giving at least five (5) Business Days’ notice in accordance with this clause 24:

Prime Government Solutions Inc.
3429 Derry Street
Harrisburg, PA 17111
Attention of: Attention of: PrimeGov Finance
[email protected]

24.2 Any Notice given in accordance with 24.1 will be deemed to have been served:

24.2.1 if given as set out in clause 24.1.1 at 9.00 am on the second Business Days after the date of posting; or

24.2.2 if given as set out in clause 21.2.3, at the time of sending (except that if an automatic electronic notification is received by the sender within twenty-four (24) hours after sending the e-mail informing the sender that the e-mail has not been delivered to the recipient or that the recipient is out of the office, that e-mail will be deemed not to have been served). 8 25 RELIANCE ON REPRESENTATIONS

25.1 The Customer acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Supplier given or made, any warranty, statement, promise or representation other than as expressly set out in this Agreement.

25.2 Nothing in this clause 25 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
26 SET-OFF OR WITHHOLDING
All payments to be made by the Customer to the Supplier under this Agreement will (in the absence of express written agreement from the Supplier) be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature unless the Customer is required by law to make any such deduction or withholding and Customer has given prior notification to Supplier of such legal obligations on the Customer’s part.
27 ENFORCEMENT BY THIRD PARTIES
The terms and conditions of this Agreement are for the sole benefit of the parties and nothing herein will be construed as giving any rights to any person or party not a party to it.
28 INVALIDITY/SEVERABILITY
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
29 VARIATION
This Agreement may only be varied or amended in writing and signed by the parties or their authorized representatives of each of the parties.
30 WAIVER
No failure or delay by the Supplier to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy. 31 DISPUTE RESOLUTION

31.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (“Dispute”) then, except as expressly provided in this Agreement, the parties shall follow the dispute resolution procedure set out in this clause 31.

31.2 The parties will initially seek to resolve the Dispute through discussion and negotiation in good faith between the appropriate officers of the parties. If the Dispute is not resolved, through discussion and negotiation under this section, within thirty (30) days (or such alternative time period as may be agreed between the Parties), the following procedure will apply:-

31.2.1 Any dispute relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other pre-judgment remedies) will be resolved at the request of either party through binding arbitration. Arbitration will be conducted under the rules and procedures of the American Arbitration Association (“AAA”). The parties will request that AAA appoint a single arbitrator. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect and an enforceable provision that most closely reflects the parties’ intent will be substituted for the unenforceable provision. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. 32 GOVERNING LAW AND JURISDICTION

32.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of any term of this Agreement will be governed by the laws of the State of California.

32.2 The courts of California will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. The parties irrevocably agree to submit to that jurisdiction except that either party may seek injunctive relief in any court of competent jurisdiction.
33 MERGER AND MODIFICATION
This Agreement, including the attached documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement. This Agreement may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. 34 INTERLOCAL AGREEMENT
This Agreement may be extended for use by other municipalities and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use, including the products and services and fees applicable thereto.

Any such usage by other entities must be in accordance with the code, charter, and/or procurement rules and regulations of those respective governmental entities.
35 NONDISCRIMINATION AND COMPLIANCE WITH LAWS
Supplier agrees to comply with all applicable laws, rules, regulations, and policies, including those relating to nondiscrimination, accessibility, and civil rights. Supplier agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes and unemployment compensation and workers' compensation premiums. Supplier shall have and keep current at all times during the term of this Agreement all licenses and permits required by law. 9 SIGNED BY the parties on the date stated at the beginning of this Agreement. …………………………………………………………..

CITY OF BALDWIN PARK PRIMEGOV
…………………………………………………………..
…………………………………………………………..
…………………………………………………………
Authorized Signature Authorized Signature
…………………………………………………………..

Sherif Agib/President
Print Name/Title Print Name/Title
Date Date
10 SCHEDULE 1 – Support Services Contract
This Support Services Contract describes the expected performance of the PrimeGov Service, the procedures for reporting an issue, and expected turnaround time on issues reported.

1. Service Uptime Target. PrimeGov has a target uptime of >99.95% measured on a monthly basis. This time excludes any planned maintenance that have been identified to the Customer. PrimeGov shall give a minimum of two (2) business days’ notice for planned maintenance updates. Planned maintenance will be targeted to occur between 12:00 a.m. (midnight) to 03:00 a.m.

Mountain Time on Friday. Update notes are published as part of the maintenance notification, highlighting new features, improvements, and bug fixes. Maintenance time frames are subject to change by PrimeGov, and proper notification is provided to the Customer within the minimum two (2) business day period.

2. Reporting an Issue.
a. Contact Details. At PrimeGov, we built our support system with alerts to anticipate any service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers an issue, or the Service is unavailable, the Customer should notify the PrimeGov Customer Success team through one of the following channels:
i. Entering a ticket in the help desk system at support.primegov.com. ii. E-mailing the Customer Success team directly at [email protected]. iii. Calling the Customer Success team at 1-833-634-6349. b. Hours of Coverage. Regular Support Services are provided between 8:00 am and 6:00 pm Mountain Time, Monday through Friday. On-call and emergency support are provided outside of regular Support Service hours online and by phone. More specifically, the hours are as follows:
i. Call for phone support. Phone support is available twenty-four (24) hours a day, seven (7) days a week by calling 1-833-634-6349.
ii. Enter an issue in the help desk system.This service is available twenty-four (24) hours a day, seven (7) days a week at support.primegov.com.
iii. Email an issue to the Customer Success team. This service is available twenty-four (24) hours a day, seven (7) days a week.
c. Customer Priority Identification. The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code:

PRIORITY CODE DESCRIPTION
P1 - Critical The problem is impacting all Users by the Service being unavailable with no work- around available.

P2 - High The problem is impacting a significant number of Users and is causing a significant business impact, where there is no work-around available.

P3 - Moderate The problem is impacting a small number of Users and is causing a minor business impact or is causing a significant business impact, but there is a workaround available.

P4 - Low Non-service affecting defect. Non -urgent or cosmetic problems, queries, causing inconvenience only.

3. Resolving an Issue
a. Steps to Resolution.
i. PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue.
ii. The issue will then result in one of the following actions:

1. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times.

2. PrimeGov Customer Success staff will ask for more clarification/ information on the issue.

3. PrimeGov Customer Success staff may discuss the priority of the issue.

4. The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue.
iii. If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. b. Target Response Time. PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a “Target Response Time ”). The following Target Response Times are within the hours of coverage:

PRIORITY CODE DESCRIPTION TARGET RESPONSE TIME <
P1 Critical 30 minutes
P2 High 1 hour
P3 Moderate 2 hours
P4 Low 40 hours

4. Problem Escalation. A Support Call’s Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called:

ROLE NAME CONTACT EMAIL
Technical Support Lead Sydney Erickson [email protected] 11 Technical Support Director Larry Thorpe [email protected] President Sherif Agib [email protected]

5. Minor Enhancements. Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case-by-case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap.

6. Knowledge Base. PrimeGov provides a searchable online knowledge base for questions and issue resolution is available at support.primegov.com. The documentation provided includes product updates, technical assistance, and tutorials. The content is regularly updated and expanded and each article contains links to related articles for increased navigation. The knowledge base is available on the same website as the support ticket management system for ease-of-use.

7. Exclusions
a. Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately. b. PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an “as-is” basis at PrimeGov’s sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees. c. Any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov.
d. Any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer.
e. Either Party being subject to Force Majeure.
f. The Customer’s failure, inability or refusal to allow PrimeGov’s personnel proper and uninterrupted access to the Service.

Sole Source Justification
PrimeGov has several one-of-a-kind features that could be used for sole source justification depending on the agency’s specific needs. In general, about 50% of PrimeGov contracts have been sole-sourced versus going to a standard RFP.

PrimeGov is unique in many ways. While our business f ocus may not justify sole sourcing, it is important to note that PrimeGov only focuses on City/County Clerk technology solutions for automating the pub lic meeting pr ocess. Other v endors ar e distracted, s erving ot her customers b y providing websites, email messaging software, and various digital services. PrimeGov is completely dedicated to customer success, providing the industry's best service level agreements and customer support availability. Our leadership team directly interacts with customers daily to ensure the best customer outcomes.

One-of-a-kind Features:
● PrimeGov’s software is 100% cloud-based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client-side installations, making it streamlined to deploy and implement. There are no client applications, including thin clients, that would disrupt your ability to utilize the software in a virtual environment. ● PrimeGov features integrations with Google Translate and Office 365. The translation integration allows your residents to translate our HTML agenda into over 100 languages with a single click, greatly increasing access to agency information for more people. The PrimeGov Office 365 integration provides full Word functionality including redlines, the insertion of tables and images, and remote collaboration without the need to download the document. ● PrimeGov’s YouTube integration provides superior video streaming architecture. Unlike other vendors that use proprietary video encoders and streaming infrastructure, PrimeGov has partnered with YouTube to integrate the world’s most advanced streaming technology into the public meeting process. As a result, our streaming video works on all devices and includes unlimited live viewers and video storage. In addition, PrimeGov provides live indexing of agenda items, motions, votes, and notes into the video archive, which is immediately available the second your meeting concludes. No more waiting hours for videos to transfer from an encoder to a distribution server.
● PrimeGov’s provides a turnkey virtual public meeting solution. PrimeGov is the only vendor offering a complete Zoom video conferencing integration with 100% cloud-based meeting management tools. This means that you can move your public meetings into a virtual environment instantly, allowing elected officials to vote, request to speak, or make presentations securely from home. The clerk’s office also has remote access to all their meeting management tools including displaying vote results, speaker timers, the current motion, etc. In addition, clerks or communications staff can manage community engagement processes like speaker sign up or

digital comments for a particular public meeting or a specific agenda item. ● PrimeGov’s agenda management system allows for the immediate generation of agenda packets. Most solutions require substantial time for compiling while converting various staff reports and attachments into a complete agenda packet. With some solutions, this can take hours, but at PrimeGov this important function happens instantly. The system also does an automatic check to ensure that the files of supporting documents function prior to compiling; if they are corrupt, it identifies the broken file for easy replacement. With other solutions, the whole packet fails without any indication of which file caused the error. This can result in hours lost searching for the corrupt file.
● PrimeGov templates are based in Word, which makes them very flexible and easy to customize by the client. Once the template is live, departments can use the complete functionality of Word throughout the approval process such as inserting tables and images into any document. Additionally, when staff reports are uploaded into the system, it stores all tracked changes so users can reference comments and changes in a way that is familiar to them. ● PrimeGov provides powerful and flexible workflows. Unlike other systems where workflows essentially allow you to route an item through an approval process, PrimeGov workflows can be set up to automate a number of tasks, such as appointing citizens to boards, sending emails to appointees, or waiting until after a meeting for the next step. Further, as part of workflow, staff can create a peer review group that allows review or edit permission for staff members without disrupting the standard approval process.
● The PrimeGov Live Meeting product section also has several unique features such as one-click block voting and bulk signature of items by the mayor. These two features were pivotal in our award of an RFP by the City of Los Angeles. We also have an action tab that allows clerk staff to record action requests by the council and then have the list of actions automatically emailed to whoever oversees the action items after the meeting. ● PrimeGov’s Agenda solution is directly tied to our committee management tool and allows for direct item approval through the entire agenda process. Other vendors build boards and commissions management tools as an afterthought to their legislative management software; PrimeGov brought these functions together in a single platform. This means your workflow and forms controls can be based on specific committee processes. In addition, items can be pushed all the way through the approval process by automation-based approval actions. ● PrimeGov offers a proprietary API based software tool for migrating data from both Granicus and SIRE solutions. Given our team’s unique background with both of these companies, we have been able to build tools to automatically transition all records and metadata from these systems to your PrimeGov platform.

These are only a few of the features and functions that make the PrimeGov platform a truly unique product.

ITEM NO. 7_____ ______

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
BY: Mark Hsu, Information Systems Manager
DATE: April 6, 2022
SUBJECT: Authorization to Enter into Lease Agreement for Two New Copy Machines

SUMMARY
This report seeks a request for the City Council to authorize the Information Systems to enter into a lease agreement for two new Sharp copy machines.

RECOMMENDATION
Staff recommends that the City Council approve entering into a 60 month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Sharp copy machines.

FISCAL IMPACT
There will be an annual saving of $292.80. A copy of vendor proposal is attached to this report for council’s review and information. The finance director has reviewed the fund source for these two new copy machines.

BACKGROUND
The lease agreements of copy machines located at Community Center and City Hall Engineering areas will be expired on May 10, 2022. Due to the age and heavy usage of these machines, we are considering replacing the machines. The new Sharp copy machines will be more reliable, reducing down-time, and cost saving on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. Staff obtains three quotes from different master contracts.

LEGAL REVIEW
None Required.

ALTERNATIVES
The City Council may choose to direct staff to not enter into a new lease agreement. We will keep paying the monthly payment after the current agreement expires.

ATTACHMENTS

1. Lease Agreement

2. Proposal for three different master contract quotes

________ ________

STAFF REPORT
ITEM NO. 8
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
By: Lourdes Morales, Chief Deputy City Clerk
DATE: April 6, 2022
SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361

SUMMARY
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16 th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

Staff will continue in-person meetings with a virtual hybrid component under this new order.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-016 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from April 6, 2022 through May 6, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

FISCAL IMPACT
Not Applicable

BACKGROUND
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
 The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
 Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
 In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.  Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
 Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
 Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).  Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time.  Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
 If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This report has been reviewed by the City Attorney.

ATTACHMENTS

1. Resolution no. 2022-016

2. AB 361
RESOLUTION NO. 2022-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR

CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL
361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call- in option or an internet-based service option;
 The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;  Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
 Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets.

SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 6th day of April, 2022. _______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-016 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 6, 2022 and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK

________ _________

STAFF REPORT
ITEM NO. 9
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Lourdes Morales, Chief Deputy City Clerk
DATE: April 6, 2022
SUBJECT: Second Reading of Ordinance No. 1469 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning
Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan”

SUMMARY
This report requests City Council’s consideration to approve the Second Reading of Ordinance No. 1469 amending Chapter 153 of the Municipal Code (Zoning Ordinance) regarding the implementation of the Baldwin Park Downtown Specific Plan. Ordinance No. 1469 was introduced for first reading during a regular meeting of the City Council on March 16, 2022.

RECOMMENDATION
Staff recommends that the City Council waive second reading and adopt Ordinance No. 1469, entitled:
“An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan”.

FISCAL IMPACT
Not Applicable

BACKGROUND
Ordinance No. 1469 was introduced for first reading during a regular meeting of the City Council held on March 16, 2022.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This ordinance has been reviewed by the City Attorney.

ATTACHMENTS

1. Ordinance No. 1469
ORDINANCE NO. 1469

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA AMENDING CHAPTER 153 OF THE MUNICIPAL

CODE (ZONING ORDINANCE) AS IT PERTAINS TO

IMPLEMENTATION OF THE BALDWIN PARK DOWNTOWN

SPECIFIC PLAN
WHEREAS, directing new growth to the downtown area where public, civic, and transit infrastructure exists and reinvestment is desirable, protects existing stable neighborhoods in Baldwin Park; and
WHEREAS, downtown development is the best opportunity to increase property and sales tax revenue and to maintain and enhance the retail and small business core for Baldwin Park; and
WHEREAS, specific plan can streamline the development of affordable housing within the downtown area consistent with Baldwin Park’s legal obligation to provide its fair share of affordable housing need in the region; and WHEREAS, specific plan can provide a balance between predictable development review process, development outcomes that add to and reinforce the downtown vibrancy and sense of place, while offering flexibility for all types of development; and
WHERAS, adopted specific plan and their associated environmental documentation can provide potential developers with a sense of security when pursuing a development project at the same time ensure high quality architecture, landscape architecture, and urban design outcomes for the downtown area; and WHEREAS, the Specific Plan will provide consistency between the Zoning designations and General Plan Land Use designations, as required by State Law, on the various properties within previously approved specific plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the zoning map to reflect the subject changes as shown in Attachment “A” is in the best interest of the community to amend the Official Zoning Map of the City; and
SECTION 2. Based on the foregoing findings and determinations, City Council adopts the findings of fact as follows relating to zone map amendments:
1) The zoning map amendments are consistent with the goals, policies, and objectives of the General Plan.

The zone change would be consistent with the goals, policies, and objectives of the General Plan. The adoption by ordinance of the specific plans and the associated zone changes for the identified properties implements two General Plan goals: Goal 1.0 of the Land Use Element states that that the City should maintain a balanced mix and distributions of land uses throughout Baldwin Park. Goal 2.0 of the Land Use Element directs the City to accommodate new development that is compatible with and complements existing conforming land uses. The amendments furthermore provide consistency between the zoning map and the General Plan land use map. 2) The amendment would not adversely affect surrounding properties.

The Specific Plan includes a form-based code that carefully considers existing development and facilitates context sensitive new development. A variety of new and existing parks and open space are weaved together with walkable streets within a contextual development framework that would complement and enhance adjacent residential, commercial, and mixed-use areas.
3) The amendment promotes public health, safety, and general welfare.

Safe streets, crime prevention strategies through environmental design, and various places of gathering would improve the overall safety, physical and mental health, and social and economic welfare of the downtown area and the larger community surrounding the downtown.
4) The amendment serves the goals and purposes of the zoning code.

The zone change provides for the orderly and compatible development of new uses that will enhance the character of the community while creating additional affordable housing, commercial, and mixed use development options. Adoption by ordinance of the zone designation changes also provides the City with additional enforceability with regard to specific zoning regulations.

SECTION 3. Potential impacts associated with the Specific Plan are consistent with potential impacts characterized and mitigated for in the 2016 approved Specific Plan EIR. No new significant impacts or impacts of substantially greater severity than previously described would occur as a result of the proposed Specific Plan. Pursuant to CEQA Guidelines Section 15164(c), an Addendum is included in the public record for the approved Specific Plan.

SECTION 4. This ordinance shall go into effect and be in full force and __________________________________
_________
operation from and after thirty (30) days after its final reading and adoption.

PASSED, APPROVED, AND ADOPTED this ____ day of _____, 2022. _____________________________
Emmanuel Estrada
MAYOR
ATTEST:

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 16, 2022. Thereafter, said Ordinance No. 1469 was duly approved and adopted at a regular meeting of the City Council on _ by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MARLEN GARCIA

CITY CLERK
ATTACHMENT A: Zoning Map

________ _________

STAFF REPORT
ITEM NO. 10
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Lourdes Morales, Chief Deputy City Clerk
DATE: April 6, 2022
SUBJECT: Second Reading of Ordinance No. 1470 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code
Relating to Speed Limits on Certain Streets”

SUMMARY
This report requests City Council’s consideration to approve the Second Reading of Ordinance No. 1470 amending chapter 73 of the Baldwin Park Municipal Code relating to speed limits on certain streets. Ordinance No. 1470 was introduced for first reading during a regular meeting of the City Council on March 16, 2022.

RECOMMENDATION
Staff recommends that the City Council waive second reading and adopt Ordinance No. 1470, entitled:
“An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets”.

FISCAL IMPACT
Not Applicable

BACKGROUND
Ordinance No. 1470 was introduced for first reading during a regular meeting of the City Council held on March 16, 2022.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This ordinance has been reviewed by the City Attorney

ATTACHMENTS

1. Ordinance No. 1470
ORDINANCE NO. 1470

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING CHAPTER 73 OF THE BALDWIN

PARK MUNICIPAL CODE RELATING TO SPEED LIMITS ON

CERTAIN STREETS
WHEREAS, the City Council of the City of Baldwin Park desires to maintain the highest level of traffic safety on city streets; and
WHEREAS, California Vehicle Code Sections 22357 and 22358 provide that local entities may declare prima facie speed limits of more than 25 miles per hour on City streets on the basis of an engineering and traffic survey; and WHEREAS, the City Council has previously authorized the establishment of Chapter 73 of the Baldwin Park Municipal Code to establish and therefore enable the legal enforcement of speed limits on city streets; and
WHEREAS, the City Council, from time to time as set forth by the rules and regulations of the State, re-established or revises the speed limits as may be necessary for the safe movement of vehicles and pedestrians based upon an Engineering and Traffic Survey.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of Baldwin Park finds and declares that an Engineering and Traffic Survey and Study has been completed in full compliance with the requirements of the California Vehicle Code.

SECTION 2. The Baldwin Park Municipal Code, Chapter 73, is hereby amended by replacing Schedule II - Speed Limits - in its entirety, with the Schedule shown in Exhibit “A” based upon the findings and recommendations of the Engineering and Traffic Survey conducted by the City.

SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall have it published in accordance with the provisions of state law.

SECTION 4. This ordinance shall take effect and be in full force thirty (30) days from and after its final adoption.

APPROVED, PASSED, AND ADOPTED this ___ day of , 2022. ________ EMMANUEL J. ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1470 was introduced at a regular meeting of the City Council held March 16, 2022 and was adopted by the City Council at its regular meeting held on , 2022 by the following vote of the Council:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MARLEN GARCIA, CITY CLERK
Exhibit “A”

SCHEDULE II
No.

Limits
From To Speed
Badillo St. 1 Ramona Blvd. East City Limit 40
Baldwin Park
Blvd. 2 Live Oak Ave. Olive St. 40
3 Olive St. Los Angeles St. 40
4 Los Angeles St. Ramona Blvd. 40
5 Ramona Blv. Merced Ave. 40
6 Merced Ave. Francisquito Ave. 40
7 Francisquito Ave. I-10 40
8 I-10 South City Limit 40
Bess 9 I-10 Baldwin Park Blvd. 30
10 Syracuse Ave. Frazier St. 25
Big Dalton 11 Pacific Ave. I-10 25
Center St. 12 Olive St. Los Angeles St. 30
13 Los Angeles St. Ramona Pkwy 30
Commerce Dr. 14 Rivergrade Rd. Live Oak Ave. 40
Francisquito
Ave. 15 Ramona Blvd. Frazier St. 35
16 Frazier St. Baldwin Park Blvd. 35
17 Baldwin Park Blvd. South City Limit 35
Frazier 18 Bess Ave. Francisquito Ave. 35
Harlan Ave. 19 Los Angeles St. Ramona Blvd. 25
Live Oak Ave. 20 Rivergrade Rd. Baldwin Park Blvd. 45
Los Angeles St. 21 West City Limit Center St. 40
22 Center St. Maine Ave. 40
23 Maine Ave. East City Limit 40
Maine Ave 24 Arrow Hwy Olive St. 35
25 Olive St. Los Angeles St. 35
26 Los Angeles St. Ramona Blvd. 35
27 Pacific Ave. Merced Ave. 35
28 Merced Ave. Francisquito Ave. 35
Merced Ave. 29 Olive St. Los Angeles St. 35
30 Los Angeles St. Ramona Blvd. 35
31 Ramona Blvd. Baldwin Park Blvd. 35
32 Baldwin Park Blvd. Vineland Ave. 35
Merced Ave. 33 Vineland Ave. Puente Ave. 35
Olive St. 34 West City Limit Baldwin Park Blvd. 30
35 Baldwin Park Blvd. East City Limit 30
Pacific Ave. 36 Ramona Blvd. Big Dalton Ave. 35
37 Big Dalton Ave. South City Limit 35
Puente Ave. 38 South City Limit Merced Ave. 40
39 Merced Ave. Root St. 40
40 Root St. Ramona Blvd. 30
Ramona Blvd. 41 I-605 Francisquito Ave. 40
42 Francisquito Ave. Merced Ave. 40
43 Merced Ave. Baldwin Park Blvd. 40
44 Baldwin Park Blvd. Badillo St. 35
45 Badillo St. East City Limit 35
Rivergrade Rd. 46 Brooks Dr. Live Oak Ave. 45
Root St. 47 Puente St. East City Limit 40
Stewart Ave. 48 Live Oak Ave. Olive St. 30
49 Olive St. Los Angeles St. 30
50 Los Angeles St. Ramona Blvd. 30
Syracuse Ave. 51 Bess Ave. Ramona Blvd. 30
Vineland Ave. 52 South City Limit Merced Ave. 30
53 Merced Ave. Pacific Ave. 30
54 Pacific Ave. Badillo St. 30
AGENDA

BALDWIN PARK HOUSING AUTHORITY

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 April 6, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member

PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making imp ertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profano s, o
interrumpir la paz de la reunión.

HOUSING AUTHORITY
VIRTUAL REGULAR MEETING – 7:00 PM

CALL TO ORDER

ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar

THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL

PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a m atter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or sched ule matters for consideration at a future meeting. [Government Code §54954.2]

ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO

You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in anoth er language other than Spanish , please indicate your request in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

PUBLIC HEARING

1. Baldwin Park Housing Authority’s Public Housing Agency FY 2022-2023 Annual Plan Staff recommends the Baldwin Park Housing Authority Board:

1. Open the public hearing, hear public testimony; and

2. Adopt a Public Housing Agency (PHA) FY 2022 -2023 PHA Annual Plan which includes the Violence Against Women Act (VAWA) Policies (Attachment “1”); and

3. Approve Resolution No. HA -2022-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment “2”).

ADJOURNMENT
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for pub lic viewing and inspection at City Hall, 2 nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].

CERTIFICATION
I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of March, 2022.

Marlen Garcia,
City Clerk
________

STAFF REPORT
ITEM NO. 1_____
TO: Honorable Chair and Members of the Baldwin
Park Housing Authority
FROM: Ron Garcia, Acting Community Development
Director
PREPARED BY: Carol Averell, Housing Manager
DATE: April 6, 2022
PUBLIC HEARING: Baldwin Park Housing Authority’s Public Housing Agency FY 2022-2023 Annual Plan

SUMMARY
This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2022-2023 Annual Plan.

FISCAL IMPACT
The impact to the general funds is unknown at this time. However, once the actual amounts are determined it will be reflected in the FY 2022-2023 City budget presented to the City Council; for approval.

RECOMMENDATION
Staff recommends the Baldwin Park Housing Authority Board:

1. Open the public hearing, hear public testimony; and

2. Adopt a Public Housing Agency (PHA) FY 2022-2023 PHA Annual Plan which includes the Violence Against Women Act (VAWA) Policies (Attachment “1”); and

3. Approve Resolution No. HA-2022-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment “2”).

BACKGROUND
Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the PHA Five Year and Annual requirements. The Five-Year Plan describes the mission of the agency and the agency’s long-range goals and objectives for achieving its mission. The Annual Plan outlines its approach to managing programs and providing services for the upcoming year, including the PHA and Section 8 Housing Choice Voucher Programs. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, known as the Capital Fund Program.

In order to receive operating funds from HUD for Public Housing and Section 8 Housing Choice Voucher Programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five- Year Plan. The FY 2022-2023 Plan is due HUD by April 17, 2022.

Resident Advisory Board:

To ensure public input, a Resident Advisory Board (RAB) meeting was held on March 15, 2022. A draft plan was provided to RAB members for review and comments. No comments were received.

Public Notices and 45-day comment period:

As required, a public notice was published in the San Gabriel Tribune informing the public that the FY 2022-2023 Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed Capital Improvements and other required supporting documents were available for public review.

No comments have been received from the public regarding the PHA Plan.

ENVIRONMENTAL IMPACT
Although the approval of the PHA Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD funded projects do require an Environmental Review under NEPA, which will be completed in accordance with HUD requirements.

LEGAL REVIEW
Legal review is not required for the approval of plans contemplated in this staff report by the BPHA.

ATTACHMENT

1. FY 2022-2023 PHA Annual Plan

2. Resolution No. HA-2022- 001

ANNUAL PHA PLAN

BALDWIN PARK HOUSING AUTHORITY
2022-2023
Streamlined Annual
PHA Plan
(Small PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 03/31/2024

Page 1 of 9 ends

Baldwin Park City CouncilApril 6, 2022

Baldwin Park City Council
April 6, 2022