Agenda packet — Baldwin Park City Council, November 16, 2022 (part 1 of 3)

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, November 16, 2022 at 6:00 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: November 10, 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 November 16, 2022.

Marlen Garcia,
City Clerk

AMENDED
AGENDA

BALDWIN PARK CITY COUNCIL

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

November 16, 2022
6:00 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 com o una sola entidad, y no
ser imperti nentes, 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 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

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 November 2 , 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 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.

OPEN SESSION/STUDY SESSION
None

RECESS TO CLOSED SESSION

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

Potential Case(s): Three (2) – Claims Received

a. Claimant: DJCBP Corporation (dba Tier One) Date of Claim: October 26, 2022 b. Claimant: K8 Investor Holdings Date of Claim: October 19, 2022

Copies of Claims are available in the Office of the City Clerk during normal business hours.

CITY COUNCIL
AMENDED SPECIAL MEETING – 6:00 P.M.

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

Case Name: Cetina, Huerta, Jimenez, Parra, Case No. 22STCV14121 Real, Valdivia v. City of Baldwin Park

Case Name: Daniel Rodriguez v. City of Baldwin Park Case No. 21STCV21129

Case Name: Mathew Rodriguez Case No. 2:22-cv-01069-FLA-MAR v. City of Baldwin Park

Case Name: Christopher Kuberry, Case No. 21STCV07382 Michael Hemenway, & Raymond
Findley v. City of Baldwin Park

3. Public Employment
Pursuant to Government Code Section 54957

Title: Human Resources Manager Selection

4. Conference with Real Property Negotiators
Pursuant to California Government Code, Section 54956.8

City Negotiators: Enrique C. Zaldivar, Chief Executive Officer

Property Address: 4161 Baldwin Park Blvd, Baldwin Park

Negotiating Parties: Kidder Matthews – Eric Knowles

Under Negotiation: Price and Terms for Possible Purchase of Property

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 November 16, 2022.

Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 128 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 ho urs 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

November 16, 2022
7:00 PM

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
The 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.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Presentation – Parcels at the Southwest Corner of Maine and Olive – Current State of Development update – Presented by Enrique C. Zaldivar, CEO

• Proclamation – Family Court Awareness Month for November 2022

• Presentation – Celebration of Black History Month for February 2023 – Presented by Laura Ann Franklin, Housing Commissioner

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 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

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 October 19, 2022 to [email protected]. You will be contacted by a staff member and will be grant ed 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.

City Council Agenda Page 3
Notice Regarding California Environmental Quality Act (CEQA) Determinations. Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

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. Treasurer’s Report – August 2022
Staff recommends that the City Council receive and file the Treasurer’s Report for September 2022.

3. Adoption of Resolution No. 2022 -059 to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order AB 361
Staff recommends that the City Council adopt Resolution No. 2022- 059 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (c overing meetings held from November 16, 2022, through December 16, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

4. Approval of Resolution No. 2022-060 and Consideration of a Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc., and a Community Card Customer Agreement with Yiftee, Inc. to Establish a Shop Local Digital Gift Card Program
Staff recommends that the City Council:

1. Approve Resolution No. 2022-060; and

2. Authorize the Mayor to execute the Professional Service Agreement (PSA) with Hinderliter, De Llamas and Associates, Inc . (HdL ) in an amount not -to-exceed $12,500 subject to any non- substantive changes made by CEO and City Attorney; and

3. Authorize the Mayor to execute Yiftee’s Community Card Customer Agreement subject to any non-substantive changes made by the CEO and City Attorney; and

4. Authorize the Finance Director to appropriate $115,000 of ARPA funds to establish the program.

City Council Agenda Page 4

5. Authorization to Re -Issue a Request for Proposal (RFP) for Website Redesign, Hosting and Maintenance Services
Staff recommends that the City Council:

1. Reject previously received proposals; and

2. Approve and authorize the advertisement of the modified Request for Proposal (RFP) for the Website Redesign, Hosting and Maintenance Services.

6. Consideration to Approve Resolution No. 2022 -061 adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program (MMRP) for the Barnes Park Multi-Benefit Stormwater Capture Project
Staff recommends that the City Council:

1. Adopt Resolution No. 2022-061 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING (1) AN INITIAL

STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE BARNES PARK MULTI - BENEFIT STORMWATER CAPTURE PRO JECT LOCATED AT 3251 PATRITTI AVE.”

7. Request for Authorization to Purchase Eight (8) Motorola Solutions Apex 8000 P25 Complaint Portable Radios
Staff recommends that the City Council:

5. Waive the formal bidding process for this purchase; and

6. Authorize the Police Department to purchase the requested eight (8) Motorola Radios and Accessories and

7. Authorize the Director of Finance to appropriate $67,518.00 from the State Homeland Security Program Grant to account 271- 30-310-58110-17215, $3,105.27 from Federal A sset Forfeiture to account 205 -30-310-58110-00000 and book the reimbursement to account 271-30-000-41312-17215; and

8. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase.

8. Approval of Proposal from THE [RE]DESIGN GROUP for the Purchase of Citywide Replacement 164 Dell Computers and Monitors
Staff recommends that the City Council:

1. Approve the proposal from THE [RE]DESIGN GROUP in the amount of $199,294.27 and authorize the Chief Executiv e Officer to purchase 164 Dell Optiplex 7090 Ultra Computers & C2422HE Monitors

2. Authorize the Director of Finance to make the necessary budget adjustments.

PUBLIC HEARING

9. Public Hearing and Adoption/Second Reading of Ordinance No. 1471 Adopting the 2022 California Building Code, 2022 California Residential Code with Appendices I and K, 2022 California Existing Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Green Building Standards Code, 2022 California Energy Code, 2022 California Historical Code, 2022 California Reference Standards Code, 2022 California Fire Code, and 2023 Los Angeles County Fire Code
Staff recommends that the City Council:

City Council Agenda Page 5

1. Conduct a Public Hearing

2. Close Public Hearing & Find that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it has no potential for resulting in a physical change to the environment, pursuant to Section 15308 of the CEQA Guidelines-Actions by Regulatory Agencies for Protection of the Environment.

3. Adopt (Second Reading) Ordinance No. 1471 entitled:
" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, Amending CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE WITH APPENDICE S I AND K, 2022 CALIFORNIA EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL CODE , 2022 CALIFORNIA REFERENCE STANDARDS CODE, 2022 CALIFORNIA FIRE CODE AND 2023 LOS ANGELES

COUNTY FIRE CODE , INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.”

REPORTS OF OFFICERS

10. Adopt Resolution Appointing Best Best & Krieger , LLP (BBK) as the City’s Permanent City Attorney and Approving a Legal Services Agreement for Legal Services
Staff recommends that the City Council:

1. Adopt Resolution No. 2022- 062 Appointing Best Best & Krieger as the City’s Permanent City Attorney, effective as of the date of the execution of the Agreement; and

2. Approve the Agreement between the City of Baldwin Park and Best Best and Krieger for Permanent City Attorney Legal Services and the rates contained therein; and

3. Authorize the Mayor to execute the Agreement; and

4. Declare the Agreement for Interim City Attorney Legal Services between the City of Baldwin Park and Best Best and Krieger null and void upon the execution of the Permanent Agreement.

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

SA-1 Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify 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 – September 2022 Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.

City Council Agenda Page 6

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

COMMUNICATION

• Request by Mayor Pro Tem Daniel Damian
Mayor Pro Tem Damian requests discussion and consideration to explore bringing back the First Time Home Buyer Program and/or ADU Grants. Direct Staff to provide a Staff Report with options and available resources.

• Request by Council Member Monica Garcia
Council Member Garcia requests a report back from City Staff on the Status of the Property formerly known as “Olive Square Market” which is located at the corner of Olive/Maine Avenue.

ADJOURNMENT

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 10 th day of
November, 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. 128 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: November 16, 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 $567,950.61 and the attache d General Warrants Register was $804,881.34 for a total amount of $1,372,831.95.

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 consist s of check number s 201698 to 201710 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 36156 to 36431 for the period October 16, 2022 through October 29, 2022 inclusive; these are presented and hereby ratified in the amount of $567,950.61.

2. General Warrants, with the bank drafts in the amount of $132,218.86 and checks from 238547 to 238743 in the amount of $672,662.48 for the period of October 20, 2022 to November 3, 2022, inclusive; in the total amount of $804,881.34 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: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022

SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for September 2022.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENT

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT

ITEM NO. _______3_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
DATE: November 16, 2022
SUBJECT: Adoption of Resolution No. 2022-059 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.

It should be noted that the Governor’s office has announced that the COVID State of Emergency will end on February 28, 2023. Absent a change i n the Governor's plans, at that point, COVID -19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.

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

RECOMMENDATION
Staff recommends that the City Counc il adopt Resolution No. 202 2-059 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from November 16, 2022, through December 16 , 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 hol ds 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 disr uption 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 d uring 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 al so 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. 2022-059

2. AB 361

RESOLUTION NO. 2022-059

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 f rom 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 legislativ e 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 h ereby 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 16
th day of November 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 hereby certify that the foregoing Resolution No. 2022-059 was duly and regularly adopted by the City Council of the City of Baldwin Park at a meeting thereof held on the 16 th day of November 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. ______4___________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Community Development Director
PREPARED BY: Victor Viramontes, Management Analyst
DATE: November 16, 2022
SUBJECT: Approval of Resolution No. 2022 -060 and Consideration of a Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. , and a Community Card
Customer Agreement with Yiftee, Inc. to Establish a Shop Local Digital Gift Card Program

SUMMARY
This item brings forth a Resolution for City Council consideration that would approve the use of American Rescue Plan Act (ARPA) funding for the establishment of a Shop Local Digital Gift Card Program.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Resolution No. 2022-060; and

2. Authorize the Mayor to execute the Professional Service Agreement (PSA) with Hinderliter, De Llamas and Associates, Inc . (HdL) in an amount not -to-exceed $12,500 subject to any non- substantive changes made by CEO and City Attorney; and

3. Authorize the Mayor to execute Yiftee’s Community Card Customer Agreement subject to any non-substantive changes made by the CEO and City Attorney; and

4. Authorize the Finance Director to appropriate $115,000 of ARPA funds to establish the program.

FISCAL IMPACT
The gift card program is expected to cost $115,000. Staff is requesting to use available ARPA funds to be budgeted to ARPA “Address Negative Economic Impact to Small Businesses” Category for the program. The program has no fiscal impact to the General Fund.

BACKGROUND
The COVID-19 Pandemic has had numerous negative impacts on communities and one of the hardest hit sectors has been small businesses. Many of those small and independent ly owned businesses have experienced significant financial strains due to the shutdowns, labor shortages, and supply chain inflation costs. Small businesses make up over 99% of businesses in the nation and account for 60 million jobs. Due to the Pandemic, over 200,000 of those small businesses closed their door s permanently in 2020.

Small businesses in Baldwin Park continue to struggle two and a half years after the Pandemic started and are now coping with rising costs to operate related to inflation and staffing issues. This digital gift card program offers an innovative opportunity to stimulate local consumer spending and can be setup at an opportune time with the nearing holiday shopping season coming. When dollars are spent at local businesses, more of the funds stay locally as opposed to non-local businesses and have a positive impact on jobs and taxes.

Digital gift card programs are currently being used by many cities including South Gate, San Leandro, Murrieta, Hawthorne, Hercules, and Oakley to name a few and these cities have partnered with H dL and Yiftee to implement these programs. The Programs in these cities used a BOGO – buy one gift card and get another one free (Buy One Get One) to help incentivize the use of the program by consumers. Examples include:

• Buy a $25 gift card and get a $25 bonus card.
• Buy a $50 gift card and get a $50 bonus card.
• Buy a $75 gift card and get a $75 bonus card.
• Buy a $100 gift card and get a $100 bonus card.

Yiftee is the company (based in Menlo Park CA) that has the online platform for the community e- gift cards and has a partnership with Mastercard. Yiftee has done 500 digital gift card programs in 49 states, including over 150 in California. HdL will assist in administering the program which will include assisting with merchant recruitment, branding for the program , program marketing and overall administration.

Mechanics of the Program
HdL thru Yiftee would make digital gift cards available for purchase by targeted c ity residents via a website portal. Digital gift cards are issued by Mastercard and work the exact same way as any other cash-value digital gift card. Customers/residents purchase the digital gift card at face value. City will add to the value by its own contribution. Customers will be able to use the digital gift card at any of the participating local small businesses recruited by HdL in collaboration with the Baldwin Park Business Association (BPBA) and City Staff. Staff is envisioning implementing a phase 1 and then a phase 2.

The program will promote local small businesses by incentivizing customers to purchase the digital gift cards.

To initiate the program, the C ity would enter into Yiftee’s Community Card Customer Agreement (Attachment 2). There is no set-up or monthly costs. The costs paid to Yiftee are:

1. The value of the bonus card provided,

2. The $1 plus 5% delivery fee (purchaser fee),

3. The Participating Merchant Fees charged by Mastercard for a transaction.

To assist with branding cos ts associated with the development of the “Shop Local Baldwin Park” campaign, marketing of the digital gift cards (English and Spanish), and related signage and posters for participating businesses, staff is recommending a PSA with HdL and their EconSolutions division.

HdL would work with staff and other partners such as the BPBA to ensure a successful program. Staff has already had preliminary discussions with the BPBA and they are in support of the program and agreed to assist in the recruitment of participating businesses. HdL’s costs for their services would be a not-to-exceed agreement amount of $12,500. HdL is already a critical partner with the City of Baldwin Park by being the City’s sales tax and property tax consultant for numerous years.

The goal is to have the program operational for the holiday shopping season where HdL would assist in marketing the program. To ensure th at the most impacted small businesses are prioritized and to ensure consistency in the implementation of the program , guidelines have been drafted (Attachment 4). The guidelines include eligible, non-eligible businesses, digital card parameters, and participating business and city requirements. To ensure transparency, City employees are not allowed to purchase cards.

LEGAL REVIEW
The City Attorney has reviewed the attached draft PSA, and the Yiftee Inc., Community Card Customer Service Agreement and has approved its form and content.

ALTERNATIVES
The City Council may decide not to pursue a shop local digital gift card program.

ATTACHMENTS

1. Resolution No. 2022-060

2. Yiftee Inc, Community Card Customer Agreement

3. Professional Services Agreement (PSA)

4. Program Guidelines

RESOLUTION NO. 2022-060

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK

APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FOR THE

ESTABLISHMENT OF A SHOP LOCAL DIGITAL GIFT CARD PRGOGRAM

WHEREAS, the City of Baldwin Park recognizes the immense global detrimental impacts of the COVID-19 pandemic; and

WHEREAS, the City of Baldwin Park small businesses have been disproportionately impacted by COVID-19; and

WHEREAS, The Baldwin Park City Council seeks ways to assist the Baldwin Park small business community in their recovery from COVID-19 pandemic; and

WHEREAS, to support this shop local digital gift card program the City Council is appropriating $115,000 in ARPA funds to pay for:

1. The $1 plus 5% eDelivery fee (Purchaser fee),

2. A bonus gift card to incentivize the use of the program and provide a benefit to all community members,

3. Branding costs associated with the development of the “Shop Local Baldwin Park” campaign, and

4. Marketing costs for advertising and promotion of the program and related point-of-sale signage and posters for participating businesses; and

WHEREAS, working with Yiftee, Inc., and HdL Companies who have significant experience in starting up such shop local programs using digital gift cards will be a cost - effective way to stimulate the local economy and assist small businesses in recovery from the COVID-19 pandemic.

NOW THEREFORE BE IT HEREBY RESOLVED , by the City Council of the City of Baldwin Park as follows:

Section 1. The City Council does herby appropriates $115,000 in American Rescue Plan Act funds for the purposes of carrying out a digital gift card program to support local small businesses in Baldwin Park.

Section 2. The City Council does hereby authorize the Mayor to sign a Professional Services Agreement with HdL Companies to assist in marketing, advertising, and other support services to implement the digital gift card program.

Section 3. The City Council d oes hereby authorize the Mayor to si gn a Community Card Customer Agreement with Yiftee, Inc. to provide the online platform for the community e-gift card.

Section 4. This resolution shall become effective immediately upon its approval.

Section 5. The City Clerk shall certify as to the adop tion of this City Council Resolution.

PASSED, APPROVED, AND ADOPTED this 16th day of November 2022.

Emmanuel J. Estrada
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, MARLEN GARCIA , Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-060 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 16 , 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
Community Card Customer Agreement

THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at _________________________________________(“Customer”). The parties agree a follows:

1. Definitions.

1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.

1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.

1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.

1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.

1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.

1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.

2. Merchant Enrollment.

2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.

Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A. (b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. (d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).

A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.

2.2 Yiftee Materials.

Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.

2.3 Limited Licenses.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.

2.4 Trademark License.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.

3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.

4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,

EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,

NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.

5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS

LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE

THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO

CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

6. Term and Termination.

6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 6.2.

6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.

6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7 and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.

7. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing and all information designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, the receiving party may disclose Confidential Information of the disclosing party, but will give adequate prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.

8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.

9. Miscellaneous

9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of the State of California, without regard to the provisions of the conflict of laws thereof. The parties will resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary, either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.

9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.

9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.

9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Customer (Print): YIFTEE, INC.

By: By:

Name, Title: Name, Title: Donna Novitsky, Yiftee CEO Community Card Customer Agreement

APPENDIX A
Pricing

Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee does not take a percentage of the cards that are redeemed in the Participants’ stores.

Charges:

Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards.

Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.

Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card processor.

Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made clear to cardholders on the face of the eGift Card when implemented, as is required by law.

Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded.

Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.

Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.

No tipping is allowed on Yiftee eGift Cards.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF BALDWIN PARK AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of November, 2022, by and between the City of Baldwin Park, a municipal corporation, organized under the laws of the State of California ("City") and Hinderliter, De Llamas and Associates, Inc., with its principal place of business at 120 S. State College Blvd. Suite 200, Brea CA 92821 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional economic development consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the planning of and administrative support for a digital gift card program with Yiftee ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional economic development consulting necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorpo rated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.” attached hereto and incorporated herein by reference.

3.1.2 Term. The term of this Agreement shall be for a 1 year period unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The

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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in E xhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Barry Foster, Principal/Managing Director and Ken Duran, Senior Advisor.

3.2.5 City's Representative . The City hereby designates Ron Garcia, Community Development Director, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Administrator shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Administrator, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Barry Foster, Principal/Managing Director, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Represen tative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff

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in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is det ermined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Ci ty, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provis ions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws , rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.2.10.1 Employment Eligibility; Consultant . Consultant certifies that it fully complies with all re quirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to

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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.3 Air Quality . To the extent applicable, C onsultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

3.2.11.1 Time for Compliance . Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.2.11.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which aff ords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.

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(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.11.3 Insurance Endorsements . Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.2.11.4 Primary and Non- Contributing Insurance
. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.11.5 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they

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would have been protected had the policy or policies not contained a deductible or self -insured retention.

3.2.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they incl ude any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as t o avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.11.8 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.11.9 Enforcement of Agreement Provisions (non estoppel) .

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.11.10 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

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(D) Neither the City nor any of its officials, officers, em ployees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connecti on with the Services under this Agreement.

3.2.11.12 Insurance for Subconsultants . Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds t o the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of th e Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to co mply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twelve Thousand Five Hundred Dollars ($12,500.00) without written approval of

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the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

The City Manager will have authority to approve Extra Work within 10% of the total compensation.

3.3.2 Payment of Compensation . Consultant shall submit to City a quarterly invoice, no later than the fifteenth (15 th) calendar day of each quarter , which indicates work completed and hours of Services rendered by Consultant during the prior month. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses
. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work . At any time during the term of this Agreement , City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the pr oject site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a

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public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15, 000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be en titled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: HdL Companies
120 S. State College Blvd. Suite 200
Brea, CA 91821
ATTN: Barry Foster, Principal/Managing Director

City: City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, California 91706
ATTN: Ron Garcia, Community Development Director

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consult ant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &

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Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its u se or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing t he services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, vol unteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal

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action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law , Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, dam age or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement
. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.6.7 Governing Law; Governm ent Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. pri or to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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3.6.8 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such liti gation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.6.16 No Third- Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.18 Prohibited I nterests. Consultant maintains and warrants that it has not

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employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warrant y, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement.

Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individ uals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF BALDWIN PARK AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF BALDWIN PARK HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.

By: ____________________________ By:________________________________ Emmanuel J. Estrada Andrew Nickerson Mayor President/CEO

Date:___________________________ Date:______________________________

Attest:

Date:

City Clerk

Approved as to Form:

______________________________ Date:

City Attorney

Exhibit “A”-1

EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall provide services pursuant to the terms set forth in this agreement and formulate a plan for and the administration of a digital gift card program with Yiftee, including but not limited to the following components.

• Assist the City in designing, developing, marketing and/or refining, plus administrative support for implementing and operating a digital gift card program with Yiftee. • Helping the City to develop a strategy for spending limits, targeted business participants, plus marketing and outreach coordination with City staff and local business representatives for implementing and operating a shop local digital gift card program with Yiftee.

Exhibit B-1
EXHIBIT “B”

SCHEDULE OF SERVICES

Consultant shall complete the Services within the schedules agreed upon by the City and Consultant to complete the Services within the term of the Agreement.

Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth below for a total compensation amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00) over the term of the Agreement.

Hourly Consulting Rates

Staff Position Hourly Rate
Principal $250
Sr. Advisor $180
Analyst $100

1 MEMORANDUM

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Community Development Director
DATE: November 16, 2022
SUBJECT: Digital Gift Card Program Guidelines

1. PURPOSE
In its ongoing efforts to continue to assist small businesses and especially those still recovering from the COVID-19 pandemic, the City of Baldwin Park has established a Digital Gift Card Program. The following are guidelines for the program that are int ended to ensure that the most impacted small businesses are prioritized and to ensure consistency in the implementation of the program.

2. Eligible Businesses

2.1. A business that has 10 or fewer employees.

2.2. Must be located in a commercial location in Baldwin Park.

2.3. In operation for at least a year.

2.4. Must be a brick-and-mortar business.

2.5. Examples of eligible business include:

2.5.1. Retail

2.5.2. Independent restaurants/Café

2.5.3. Personal Services such as:

2.5.3.1. Hair Stylists

2.5.3.2. Barbers

2.5.3.3. Estheticians

2.5.3.4. Nail Salons

2.5.3.5. Dry cleaners

2.5.3.6. Pet groomers

2.5.3.7. Fitness/specialty studios, including martial arts, yoga, dance and music.

3. Ineligible Businesses

3.1. Gas stations

3.2. Grocery stores

3.3. Cannabis businesses

3.4. Massage businesses

3.5. Tobacco or vaping businesses

3.6. Liquor stores/sales

3.7. Adult industry businesses

3.8. Corporate and/or franchise owned businesses with multiple locations or not a Baldwin Park based company.

3.9. Gaming businesses

4. Digital Card Parameters

2 4.1. Each individual purchaser will be limited to a max of 3 cards.

4.2. Each bonus card will have an expiration of 6 months to encourage prompt use of the cards.

4.3. The cards are only to be used at participating Baldwin Park businesses.

4.4. City employees are not eligible to purchase gift cards.

5. Requirements for Participating Businesses

5.1. Participating businesses must be at least able to process a manual entry Mastercard transaction , the program will work with any Point-of-Sale system.

5.2. Must have an active business license.

5.3. Merchant pays their normal Card-Not-Present processing fee.

5.4. No outstanding code enforcement actions.

5.5. Businesses are encouraged to promote the program.

6. Requirements of the City

6.1. The city will establish the matching amounts, which can vary and will be at the discretion of the city.

6.2. Evaluate and possibly adjust the max number of cards per purchaser.

6.3. Execute an agreement(s) with a 3rd party/consultant(s)/service providers to implement the program.

6.4. Cover the cost of the 3 rd party/consultant including the consultant’s compensation and customer service fee.

6.5. Promote the program to potential digital gift card buyers.

6.6. Work with 3rd party/consultant or any other partners to recruit participating businesses.

6.7. Serve as a point of contact and information for digital card purchasers and participating businesses.

ITEM NO. 5

SUMMARY
The purpose of this staff report is for City Council to reject previous proposals received on August 4th, and consider authorization to Re -issue an RFP with a modif ied the scope of the project for Website Redesign, hosting, and maintenance services.

RECOMMENDATION
Staff recommends that the City Council:
1) Reject previously received proposals; and
2) Approve and authorize the advertisement of the modified Request for Proposal (RFP) for the Website Redesign, Hosting and Maintenance Services.

FISCAL IMPACT
There is no fiscal impact to the General Fund at this time.

BACKGROUND
During the review process, it was brought to the attention of the website committee that conflicting information was given as answers to inquiry’s by potential vendors. The previous RFP was unclear if proposals would be accepted if they included either an open source or closed-source proprietary CMS.

It has since been determined that both methods will be acceptable for this project and as such the scope of this project has been modified.

At their September 1, 2021, City Council Meeting, City Council approved Fiscal Year (FY) 2021- 2022 CIP budget, which included a line item under Cost Center 710 for the redesign of the City’s website and any associated costs with the upgrade. Staff was able research best practices around web design to create an RFP representative of all City department needs. Members of the E -Team and Department Liaisons participated and provided vital feedback to finalize the RFP. The City is soliciting proposals from qualified vendors for the development of a modern, and user -friendly website that will provide digital government services and community engagement as well as future maintenance support services. The new website hosting platform must be compatible with the City’s existing software and registration programs. The RFP calls the new website to offer an interactive experience for user navigation and offer multi languages for an overall experience. The RFP also requests for the creation of a mobile application. Additionally, the new website requires to incorporate the abi lity for users to make online credit card payments using city’s contracted vendor.

STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: November 16, 2022
SUBJECT: Authorization to Re-Issue a Request for Proposal (RFP) for Website Redesign, Hosting and Maintenance Services

Event Date
RFP Released November 16, 2022
Deadline to Submit Questions December 1, 2022 by 5:00pm Proposals Due December 15, 2022 by 5:00pm

Staff will review all proposals and present at a subsequent meeting to award contract.

LEGAL REVIEW
The City Attorney has reviewed the Request for Proposals (RFP) and approved it as to form.

ALTERNATIVES
The alternative is not to approve the RFP.

ATTACHMENTS

1. Request for Proposal (RFP)
1 City of Baldwin Park

Request for Proposals
Website Redesign, Web Hosting and
Maintenance Support Services
(REVISED)

Schedule of Events
RFP Released 11/16/22
Deadline to Submit Questions 12/1/22 by 5:00pm
Proposals Due Electronically 12/15/22 by 5:00pm

Note: This schedule is the anticipated schedule of events, and the dates are subject to change.

2 Section A: Overview

1. Background
The City of Baldwin Park is located in the heart of the San Gabriel Valley, its 6.7 square miles serves as home to just over 75,000 residents. The City employs over 250 Full & Part -time employees. Currently the software being used for the City’s website is JOOMLA CMS. The City is soliciting proposals from qualified vendors for the development of a modern, and user-friendly website that will provide digital government services and community engagement as well as future maintenance support services. The new website hosting platform must be compatible with the City’s existing software and registration programs, such as Tyler Incode10, Tyler EnerGov, Granicus, and Rec Trac/Vermont systems software.

2. Project Description
The City is seeking the aid of an experienced vendor who specializes in partne ring with municipalities to enhance their online capabilities. Specifically, the City needs an updated website to enhance the user experience, simplify content management, and provide improved citizen- centric information and customer service to the community, while meeting high standards for design quality and visual appeal. At a minimum, the new website must be developed with a responsive design that will adjust to all devices. Further, the site must be easily maintained without requiring HTML knowledge. The new website will have the depth of functionality that will enable the City’s staff to streamline processes and provide the best user experience for our citizens, more specifically described in Section B.1. In addition, the vendor should have a team of experts who have in-depth experience working with local government and will equip our staff with the training, resources, and tools to do their jobs quickly and efficiently, both during implementation and after system launch. The City also seeks a vendor that has the capability of integrating additional features and functionality that may be identified in the future. The City would like the vendor to provide secure, cloud-based hosting services and 24/7/356 support. The City seeks a partnership with the chosen vendor to create an online presence that continually engages our citizens. The City also seeks a partner with experience in connecting GIS Mapping capabilities to the website.

Responses will only be considered from vendors who have extensive experience partnering with municipalities and are regularly engaged in the business of providing and performing similar services requested in this solicitation.

3. Questions and Requests for Clarification
All questions and requests for clarific ation shall be made in writing and sent via email to the following individual no later than the deadline to submit questions identified in the Schedule of Events. Contact: Manuel Carrillo Jr., Director of Recreation and Community Services Email:
[email protected]

4. Addenda
The City will answer all questions and requests for clarification in the form of an addendum that will be published on the City’s website www.baldwinpark.com. It is the responsibility of the vendor to check for any issued addenda before submitting a response. 3 5. Submittal Requirements
Email Submittal
Submit one, electronic file (.pdf file preferred) via email to: [email protected] Indicate in the subject line “RFP - Website Redesign – [Vendor Name]”. The City will only accept attachments up to 10MB.

Hardcopy submittal (Optional)
Submit one (1) hardcopy of response in a sealed envelope and mailed to:

Contact Name: Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706

Clearly mark the submittal envelope with the “RFP - Website Redesign” and vendor’s name.

Submittals not received on or before the specified deadline stated in the Schedule of Events will not be accepted (no exceptions). Proposals submitted in response to this RFP shall be valid for 180 days from the submittal due date. The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

6. Evaluation Criteria & Contract Award
Responses to this RFP will help the City identify the most qualified vendor and will be indicative of the level of the vendor's commitment. The City will evaluate the qualifications, references, overall fit with the City, as well as take into consideration the proposed scope and pricing submitted to determine the most qualified website vendor. A selection committee will review all proposals received as a part of a documented evaluation process. The City will evaluate proposals according to the following criteria:
• Responses to the City’s functional requirements
• Price and quality of the proposed software solution, training, and implementation services plan; and price and quality of the proposed ongoing software maintenance/support services.
• Experience, demonstrated performance and financial viability of the proposers firm, including experience in public sector and similar organizations. • Compatibility with City’s technical architecture, and standards • Strategy and responses to technical requirements.
• Quality, clarity and responsiveness of the proposal in conformance with instructions.

The City has established a proposal review team to evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. Scoring criteria, review and calculations methodology to be created by the City and the City maintains full discretion regarding the evaluation process. The ultimate consultant selection will be based upon both technical and merit and cost competitiveness. The cost to the City for performing the work shall be important, but not an overriding consideration. Subsequent to selection of a successful proposer, the City will draw up an agreement reflecting the terms and conditions of the proposal plus the City’s standard liability and insurance requirements. The City reserves the right to conduct interviews with prospective consultants to clarify any issues or obtain additional information, as necessary. 4 Section B: Minimum Requirements
The information in this section represents required functional capabilities necessary to meet the City’s goals for a website redesign. The items listed are not all-inclusive, and other items may be recommended or added that would benefit the City. The City's new vendor must be able to provide, at a minimum, the components shown.

1. Website Redesign & Content Management System
Minimum functional requirements must include:

Engagement & Communication
• Alerts & Notifications - Display alerts prominently on website with notifications sent via email and text messaging to subscribers
• Calendar - Update/publish calendars for departments/categories with a main calendar to display all events
• E-Notifications - Electronic subscription, scheduled notifications for email and SMS • News & Announcements - Post news releases or updates dynamically to relevant pages based on category
• Request Tracking - Citizens can submit requests with automated workflow to correct individual/department with exportable statistics and reports • Sharing Capability - Links to share content via email and social media on every page • Website Visitor Profile - Visitors can pick and choose the information that automatically becomes fed to their profile upon site login
• Automated Accessibility Remediation capabilities equal to or greater than WCAG 2.1 • Home page template capable of YouTube Video Embeds

Document Management
• Agenda Management - Upload existing, create new, categorize, approve and manage agendas
• Archival of Recurring Documents - Store agendas, minutes, newsletters and other documents
• Document Storage - Upload/download capability for files up to 1GB, back-end ability to search within published and unpublished documents
• Online Forms - Create unlimited customizable forms, track and export results • Image Repository - Store images in a central location on website • Rotating Photos/Banners - Slideshow capabilities on homepage

Information & Navigation
• Frequently Asked Questions - Ability to categorize FAQs by department or page • Directories for Staff - Ability to allow citizens to search for information about staff members • Activities - Create classes, display class schedules, limit the number of persons that can sign up per class, and email those who have registered for specific classes • Facility Management - Listings with maps, filtered search, and reservation capability with our current RecTrac/Vermont systems software.
5 • Online Job Postings and Application - Applicants can also create an online profile, fill out application and attach additional documents utilizing current services with Governmentjobs.com
• RFP/RFQ/Bid Posting - Allow for easy posting of bids to the site for staff

Administrative Features
• Proposals may include either an open source or closed-source proprietary CMS. • Browser Based Administration - Update, delete and create content from any device with internet access
• Content Scheduling - Set dates for content to automatically publish and expire • Intranet - Restrict pages by login
• Permissions - Allow system administrators to establish levels of rights for staff to update/manage/access content based upon roles
• WYSIWYG Live Editing - Add, edit and move content directly on the front end of the site without the need to utilize or be trained in writing HTML or CSS code • Multilingual Support - Using Google Translate or similar • Online Payments - Ability to accept secure online transactions with current contracted vendor
• Printable Pages - Print-friendly function
• Responsive Web Design - Fully mobile responsive design - site adjusts to the screen size of all devices it’s being view on, includes forms, calendars, etc. • RSS Feeds - Registration by Department or Category
• Site Search - Internal site search engine and log of search terms • Site Statistics - Analytics and site audit reports
• Sitemap & Breadcrumbs - Automatically generated and updated sitemap and breadcrumbs
• Social Media Interface - Display feeds and push to social media accounts

2. Project Management & Implementation
The chosen vendor will supply a professional project team to oversee and provide the implementation services needed for a successful implementation of the City’s new website. The vendor’s project team shall be responsible for developing a comprehensive project management plan to include outlining methods of communication for implementation, supplying a detailed project timeline, and identifying tasks and deliverables for both City staff and vendor’s staff.

3. Training
The City expects the vendor to provide in-depth, professional training services which will educate City staff on functionality, features, processes, and best practices. After training sessions, City’s staff should be confidently prepared to maintain the new website after launch.

4. Continuing Services
The City anticipates an on-going partnership with the chosen vendor after launch of the system, which shall include:

Technical Support & Services
• Technical Support – The vendor shall provide U.S.-based, live technical support, including emergency support after business hours. Technical support shall be available through multiple communication channels, including phone, email, and chat. Self-service training 6 (video tutorials, documents, or webpages) shall be available for City staff to access at any time.
• Maintenance – The vendor shall continually work to enhance and update the systems.

This should include, at a minimum, dev elopment, testing, backups, and regularly scheduled fixes, patches, and other enhancements.

Hosting & Security
• 99.9% uptime (outside of scheduled maintenance) guaranteed by Service Level Agreement
• U.S. - based, tier II data center with 24/7/365 system monitoring • Automated software updates and security patches and high-performance SAN with N+2 reliability
• Minimum bandwidth of 22 Gb/s
• Disaster recovery process with a recovery time objective no greater than eight hours and recovery point objective no greater than 24 hours
• Geographically redundant backups
• DDoS mitigation with DDoS advanced security coverage options

Optional Services
• Integrated Chatbot
• Independent Application/ CRM App (replacement of current CRM app) • Optional integration capabilities for a Robust Parks and Recreation Platform • The ability for Departments to offer their own unique home pages including but not limited to: Logo and Branding, menus, and action buttons

Section C: Submittal Format &
Requirements
The City will evaluate vendor experience, qualifications, and capabilities for developing and implementing the technology requested in this RFP. The narrative portion and the materials presented in response to this Request for Proposals should be submitted in the same order as outlined and must contain, at a minimum:

1. Executive Summary
• Provide a short overview of how vendor will assist the City in achieving the goals outlined in this RFP

2. Company Profile
• Include an overview of vendor’s company, which encompasses a brief company history highlighting your experience working with local governments, the length of time the company has been in business, and the number of current employees • Name the vendor’s main point of contact for the RFP pro cess, including their email address and telephone number
7 • Describe any differentiators that set vendor and vendor’s systems apart from your competitors
• One-source vendors are preferred. If utilizing subcontractors for any portion of the RFP requirements, provide subcontractor company information and key personnel involved

3. Experience
• Provide a minimum of three municipal references, and include the following information for each:
o Client name
o Website URL
o Client contact person and title
o Phone
o Email address
• Provide a portfolio of 4-6 examples of vendor’s website design experience

4. Project Team
• Identify and define vendor’s project team roles for implementation • Include a project team organization chart showing the relationship of each role

5. Features & Functionality
• Provide a brief description of how vendor’s solution meets the minimum functional requirements as identified in Section B. 1.
• Identify any functional requirement vendor’s solution cannot provide as described in Section B. 1.
• Complete and include Exhibit A – Functional Requirements table

6. Implementation Plan
• Provide a typical phased implementation timeline including major tasks and deliverables • Include a description of the vendor’s implementation approach • Outline what role the City will play in the implementation of the new website

7. Ongoing Services
• Technical Service & Support
o Describe vendor’s technical support services, including hours of support, methods to access support, and the availability of emergency support o Identify any online, self-service training, and support resources available after launch
o Describe provided maintenance, including system releases, patches, and enhancements
• Hosting & Security
o Describe proposed hosting and security services that meets the requirements in Section B.4
o Describe security, backup, and disaster recovery processes

8. Investment Proposal
• All pricing must be provided as an all-inclusive/lump sum amount. Include the following:
8 o One-Time Implementation Services
 Include specific details and amounts of any content or data migration, training hours, and any included enhancements and functionality to meet the requirements
o Annual Services
 Include details on hosting and security, technical support, and maintenance o Fees
 Total first year cost (combined one-time fees and first year annual fees)  Annual fees beginning year 2
• Separately list any optional enhancements that vendor believes will benefit the City’s project.

9. Exceptions
• Identify any exceptions to the specifications of this RFP and attachments. Exceptions must reference the relevant section(s) and an alternate soluti on or substitute language in lieu of such requirement or specification.

Section D: General Provisions

1. Contract Negotiation & Insurance
The City reserves the right to enter into a contract with the selected vendor that the City deems to offer the best overall qualifications and experience. It is the intent of the City that after the successful vendor has been selected, the City and the selected vendor will enter into contract negotiations containing all terms and conditions of the proposed service. Any acceptance of a proposal is contingent upon the execution of a written contract and the City shall not be contractually bound to any bidder prior to the execution of such written contractual agreement.

Before signing a contract with the successful vendor, the City requires satisfactory proof that the vendor has adequate ongoing insurance coverage for the work to be performed under the contract.

2. Costs of Proposal
The City will not be liable for any costs incurred by the vendor in preparation of a proposal submitted in response to this RFP, in conducting of a presentation, or any other activities related to responding to this RFP.

3. No Obligation
This RFP does not obligate the City to award a contract for services specified herein.

In addition, the City reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the City.

4. Modification or Withdrawal of Proposal
Prior to the scheduled closing time for receiving proposals, any vendor may withdraw their proposal. Only written requests for the modification or correction of a previously submitted proposal received by the City prior to the RFP due date and time will be accepted. Oral, telephone, 9 or fax modifications or corrections will not be recognized or considered. After the scheduled closing date and time for receiving proposals, no proposal may be withdrawn.

5. Proposal Submission Certification
By submitting a proposal, vendor certifies that he or she has carefully examined all the documents, thoroughly reviewed this RFP, and understands the nature and scope of the work to be done and the terms and conditions thereof.

STAFF REPORT
ITEM NO. ________6_________

TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development

DATE: November 16, 2022
SUBJECT: Consideration to Approve Resolution No. 2022- 061 Adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program (MMRP) for the
Barnes Park Multi-Benefit Stormwater Capture Project

SUMMARY
On May 19, 2021, City Council approved a Professional Services Agreement with CWE to perform design services for the Barnes Park Multi-Benefit Stormwater Capture Project.

RECOMMENDATION
Staff recommends that the City Council:

1. Adopt Resolution No. 2022-061 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING (1) AN INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE BARNES PARK MULTI -BENEFIT STORMWATER CAPTURE PROJECT LOCATED AT 3251 PATRITTI AVE.”

FISCAL IMPACT
There would be no adverse fiscal impact associated with adoption of the Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program for the Barnes Park Multi -Benefit Stormwater Capture Project. The tasks leading the development of the Initial Study were part of CWE’s origina l scope of work and contract agreement (amount $816,300), which was funded through Measure W funds.

CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The Project will expand the park and improve recreational opportunities onsite. The whole park, excluding the existing building, splash pad, exercise equipment area, and part of the parking lot, will be demolished and reconstructed. The Project will include a stormwater capture system with Best Management Practices (BMPs) to capture, treat, and infiltrate runoff fr om a 443- acre catchment.

Improvements will also be made near the intersections of Auckland Street and Barnes Avenue, and Syracuse Avenue and Finchley Street to address perceived surface flooding/ponding. Improvements will include modified grading and new catch basins that tie into the City’s storm drain system. The Project will achieve a pollutant load reduction to downstream water bodies by capturing wet - and dry- weather runoff. Captured runoff will be discharged into a subsurface storage system that will facilitate infiltration and groundwater recharge. Project goals are summarized as follows:

 Enhance water quality locally and in downstream water bodies (San Gabriel River)  Reduce local dependency on imported water through groundwater recharge  Educate local communities through education and outreach  Reduce localized flooding in the Project drainage area  Expand the park to provide increased green space available and public amenities  Improve the park to include accessible features and new amenities  Provide community enhancements through surface restoration and improvements Surface improvements to the existing park include increasing the size of Barnes Park with development planned for two vacant parcels north of the existing park boundary. The existing park will be almost fully demolished, except for the existing building, splash pad area, exercise equipment area, and a portion of the parking lot, and replaced with new and enhanced features. Park improvements will include the following:
 Additional parking through an expanded parking lot and new street-side diagonal parking along Patritti Avenue south of the existing parking lot
 Modified and new trails around the park
 Two new basketball courts north of the existing building (replacing the one basketball court that is existing under existing conditions)
 Grass/turf improvements and space for two soccer fields  New futsal court in the expanded park area with seating for spectators  Drought-tolerant landscaping, trees, and new irrigation system  Surface swales with pedestrian bridges, especially on the north side of the park  New dog park area on the south side of the existing park with fences and monument signs to create both a small dog area and an area for dogs of any size  Play lots will be replaced with new equipment, new shade structures, and a larger playground that will feature big and small kid play areas, tables, and benches around the existing exercise equipment area
 New and improved shade shelters with tables, grills, and other amenities  Space for movies and shows in the park (allow for equipment to be temporarily used)  Water features near the recreational building
 Fencing/wall enhancements around the park and along the expanded perimeter  Improved lighting throughout the park, including pathway and sports lighting Pursuant to the California Environmental Quality Act (CEQA), the City of Baldwin Park (“City”) prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) to identify potential site- specific environmental constraints associated with the Barnes Park Multi -Benefit Stormwater Capture Project (Project), located near the Interstate 605 (I-605) and Interstate 10 (I-10) interchange and along Patritti Avenue at Barnes Park (3251 Patritti Avenue, Baldwin Park, California 91706). The Draft Initial Study determined that the project could result in potentially significant impacts to the following environmental topics: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology/soils, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, populat ion/housing, public services, recreation, transportation, tribal cultural resources, utilities/service systems, wildfire, and mandatory findings of significance. Since all potentially significant impacts could be fully mitigated, the project qualifies for a Mitigated Native Declaration (MND) and therefore would not require the preparation of an Environmental Impact Report (EIR) pursuant to CEQA.

On October 11, 2022, the city released for public review the Draft IS/MND for the project pursuant to Section 15105 of the State CEQA Guidelines. The public review and comment period for the Draft IS/MND began on October 11, 2022 and closed on November 10, 2022. A Notice of Intent to adopt the IS/MND for the project was published recorded with the Office of Planning and Research, and the Los Angeles County Recorder’s office, circulated to interested parties, and posted on the City’s website along with the Draft IS/MND and its technical appendices. Hard copies were also made available for viewing at the Baldwin Park library, community center, Barnes Park Family Recreation Center, as well as at the City’s Headquarters located at 14403 E. Pacific Ave. As required by CEQA, a Notice of Completion form along with copies of the Draft IS/MND were sent to the State Clearinghouse soliciting review and comment on the report by the relevant State agencies. The State Clearinghouse subsequently assigned the following State Clearinghouse Number for the Draft IS/MND: 2022100108.

During the public review period, comments were received from:
• Miya Edmonson, California Department of Transportation • Daniel Nguyen, South Coast Air Quality Management District

A Final IS/MND was prepared to address the comments from Miya Edmonson, California Department of Transportation and Daniel Nguyen, South Coast Air Quality Management District. Responses to the comments are included in the Final IS/MND. The key findings from the Final IS/MND include:
• The CEQA Appendix G Environmental (Initial Study) Checklist is included in Section 3. The Initial Study Checklist identifies potential environmental impacts, by sections, and provides a brief discussion of each impact resulting from implementation of the proposed Project. Each response checked in the environmental checklist is discussed and supported with sufficient data and analysis as necessary. As appropriate, each section has discussion that describes and identifies specific impacts anticipated with project implementation.

In addition to the responses to comments, the Final IS/MND includes the Draft IS/MND and a Mitigation, Monitoring, and Reporting Program (MMRP) and incorporates the Draft IS/MND by reference. An Environmental Impact Report (EIR) pursuant to CEQA is not required for the proposed project. No edits to the Draft IS/MND were required based on the comments that were received. The Final IS/MND does not describe a project having any new or substantially more severe impacts than those identified and analyzed in the Draft IS/MND. Therefore, in accordance with State CEQA Guidelines Section 15073.5, recirculation of a Draft IS/MND is not required.

The Final IS/MND is an informational document that (1) must be considered by the City’s decision- makers before approving the project, and (2) must reflect the Lead Agency’s independent judgment and analysis (CEQA Guidelines, Section 15090). The city must first adopt the IS/MND and approve the MMRP prior to approving the project. If the City formally approves the project, the City shall file a CEQA Notice of Determination with the County Clerk within five working days of project approval. A copy of the Notice of Determination filed by the County Clerk shall also be sent to the State Clearinghouse.

CONCLUSION
Based on the findings of the Initial Study, it is recommended that the city council approve Resolution No. 2022-061 Adopting a Mitigated Negative Declaration for the Barnes Park Multi-Benefit Stormwater Capture Project.

ATTACHMENTS

1. Resolution No. 2022-061

2. Initial Study and Mitigated Negative Declarati on(https://www.baldwinpark.com/online- documents/community-development/planning/environmental-documents/3144-barnes-park- ismnd-signed/file)
RESOLUTION NO. 2022-061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING AND ADOPTING (1) AN

INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE BARNES PARK

MULTI-BENEFIT STORMWATE R CAPTURE PROJECT
LOCATED AT 3251 PATRITTI AVE.

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), and City of Bald win Park ’s Local CEQA Guidelines (collectively, “CEQA”), the City of Bald win Park is the lead agency for the proposed Project; and

WHEREAS, on May 19, 2021 , the City Council of the City Baldwin Park approved the preparation of the design for the Barnes Park Multi -Benefit Stormwater Capture Project consisting of the diversion to capture, t reat, and infiltrate runoff fr om a 443-acre catchment.; and

WHEREAS, in August 2022, in compliance with CEQA, an Initial Study (IS) was prepared for the Project which determined the Project will not have a significant adverse impact on the environment and that a Mitigated Negative Declaration (MND) finding is appropriate; and

WHEREAS the City provided copies of the Initial Study and MND to the public and the State C learinghouse for a review and comment period beginning on October 11, 2022, and ending on November 10, 2022, pursuant to State CEQA Guidelines section 15073, during which time the City received two (2) comment letters; and
WHEREAS, on October 11, 2022, the City gave public notice of the City Council public hearing on the Project to property owners within a 300-foor distance; and

WHEREAS, in accordance with State CEQA Guidelines section 15073(e), on October 11, 2022, the City provided written notice to all public agencies that commented on the proposed MND of the public hearing to be held on the Project for which the MND was prepared; and

WHEREAS, on November 16, 2022, the City Council held a duly noticed public hearing as prescribed by law and considered pu blic testimony and evidence and recommendations presented by staff related to the proposed Project and the MND for the Project; and

WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, an d the City’s Local CEQA Guidelin es have been satisfied by the

Page 2 ends

City in connection with the preparation of the MND , which is sufficiently detailed so that all of the potentially significant environmental effects of the P roject, as well as feasible mitigation measures, have been adequately evaluated; and

WHERAS, the MND prepared in connection with the P roject sufficiently analyzes the feasible mitigation measures necessary to avoid or substantially lessen the Project’s potentially significant environmental impacts; and

WHERAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in t he administrative record, including but not limi ted to the Initial Study, MND, MMRP, and all oral and written evidence presented to it during all meetings and hearings; and

WHEREAS, the MND, reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and

WHEREAS, no comments made in the public hearing conducted by the City Council, and no additional information submitted to the City Council, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the project under State CEQA Guidelines section 15073.5; and

WHERAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF DAVIS, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. RECITALS. The City Council here by finds that the recitals set forth above are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the MND, Initial Study, administrative record, and all other written and oral evidence presented to the City for the Project, on file with the City and available for review at 14403 E Pacific Ave. Based on the City Council’s independent review and analysis, the City Council finds that the MND Initial Study, and administr ative record contain a complete and accurate reporting of the environmental impacts associated with the Project, and that the MND has been completed in compliance with the California Environmental Quality Act ( Public Resources Code, § 21000 et seq.; “CEQA” ), the State CEQA Guidelines (Cal ifornia Code of Regulations, title 14, § 15000 et seq.), and the City’s Local CEQA Guidelines.

Page 3 ends

SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the MND , Initial Study, the adminis trative record, and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the P roject are either less than significant or no impact as outlined in the MND, and the Initial Study. The Cit y Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts. The City Council finds that the MND, contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City . No new significant environmental effects have been identified in the Final MND and no changes made to the MND constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5. The changes reflected in the Errata merely clarify and amplify the project description. (State CEQA Guidelines, section 15073.5(c)(4).)]

SECTION 4. ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION. The City hereby approved and adopts the MND , which is hereby attached to this Resolution as Exhibit “A”.

SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PROGRAM. In accordance with the Public R esources Code section 21081.6, the City Council hereby adopts the MMRP , which is hereby attached to this Resolution as Exhibit “B”. In the event of any inconsistencies between the Mitigation measures as set forth in the MND and the MMRP, the MMRP shall control.

SECTION 6. LOCATION AND CUSTODIAN OF RECORDS. The
documents and materials associated with the Project and the MND that constitute the record of proceedings on which these findings are based are located at 14403 E. Pacific Ave.

SECTION 7. NOTICE OF DETERMINATION. The City Council hereby directs staff to prepare and file a Notice of Determination with the Los Angeles County Clerk and the State Clearinghouse within five (5) working days of the approval of the proposed Project.

Page 4 ends

PASSED AND APPROVED this 16
th day of November 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. 2022-061 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 16 th day of November 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

MARLEN GARCIA

CITY CLERK

ITEM NO. ________7_________

STAFF REPORT

TO: Honorable Mayor and City Councilmembers
FROM: Robert A. López, Chief of Police
DATE: November 16, 2022
SUBJECT: Request for Authorization to Purchase eight (8) Motorola Solutions Apex 8000 P25 Complaint Portable Radios

SUMMARY
This report seeks authorization from the City Council to purchase eight (8) Motorola Apex 8000 P25 compliant portable radios and accessories for the Police Department in the amount of $70,623.27

FISCAL IMPACT
There will be no impact to the General F und. This purchase will utilize funds from an awarded 2020 State Homeland Security Program Grant in the amount of $67, 518.00, and the remaining $3 ,105.27 balance will be funded by available Federal Asset Forfeiture funds.

RECOMMENDATION
Staff recommends that City Council:

1. Waive the formal bidding process for this purchase; and

2. Authorize the Police Department to purchase the r equested eight (8) Motorola radios and accessories; and

3. Authorize the Director of Finance to appropriate $67,518.00 from the State Homeland Security Program Grant to account 271- 30-310-58110-17215, $3,105.27 from Federal Asset Forfeiture to account 205- 30-310-58110-00000 and book t he reimbursement to account 271- 30-000- 41312-17215; and

4. Authorize the Chief of Police, or his designee, to complete all appropriat e documentation t o complete the purchase.

BACKGROUND
In 20 20, the City of Baldwin Park entered into a subrecipient agreement with the County of Los Angeles and was awar ded $67,518.00 as part of the S tate Homeland Security Program grant. This grant authorized the purchase of new handheld P25 compliant radios for use by the Polic e Department. The County of Los Angeles will reimburse Subrecipient (City) up to the maximum grant amount of $ 67,518.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles . The requested handheld portable radios will provide upgraded communications to personnel within the police depa rtment that is essential for the operational needs of all field personnel from all bureaus.

Locally, BPPD is a member agency of the East San Gabr iel Valle y R egional Communications Network Joint Powers Authority (ComNet JPA). This JPA is comprised of the Baldwin Park Police Department, as well as police agencies from Azusa, Covina, Glendora, Irwindale, La Verne, and West Covina. ComNet, in turn, is a member of the Interagency Communications Interoperability ( “ICI”) System, a much larger public safety telecommunications Joint Powers Authority , serving agencies across several counties in Southern California.

In December of 2021 the ICI, JPA entered into a 6-year service contract with Motorola Solutions .

This service contract is for the repair of Motorola Solutions manufactured equipment and select third-

party manufactured equipment supplied by Motorola Solutions. Currently Baldwin Park, as well as all other members of the ICI Comnet Group, only use Motorola Solutions equipment.

ICI JPA ’s entering into thi s service agreement allowed all mem ber agencies to realize saving s at scale that were not available individually. This agreement saves Baldwin Park over $7,000 per year.

This existing service agreement is only applicable to products produced by Motorola Solutions.

Therefore, for the purpose of this pur chase, Motorola Solutions is a sole source pro vider withing the meaning of City Ordinance 1457, as this is the only acceptable option.

LEGAL REVIEW
The proposed contract has been reviewed by the City Attorney as to form and content.

ALTERNATIVES

1. Authorize the purchase.

2. Decline to authorize the purchase.

ATTACHMENTS

1. Quote from Motorola Solutions

2. Motorola Solutions sole source letter

3. ICI service agreement with Motorola Solutions for six-year P25 service proposal

Billing Address:

BALDWIN PARK, CITY OF
14403 E PACIFIC AVE
BALDWIN PARK, CA 91706
US

Quote Date:10/03/2022
Expiration Date:01/01/2023
Quote Created By:

Denis Redzepagic
denis.redzepagic@
motorolasolutions.com
End Customer:

BALDWIN PARK, CITY OF

Contract: 36968 - GLENDALE MPA
PROMO-8001608
Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 8000 Series

APX8000

1 H91TGD9PW7AN

APX 8000 ALL BAND
PORTABLE MODEL 3.5

8 $7,475.00

$5,083.00

$40,664.00

Q806CB

ADD: ASTRO DIGITAL CAI

OPERATION

8 $567.00

$385.56

$3,084.48

Q361AN

ADD: P25 9600 BAUD

TRUNKING

8 $330.00

$224.40

$1,795.20

Q58AL

ADD: 3Y ESSENTIAL

SERVICE

8 $121.00

$121.00

$968.00

QA00580AA

ADD: TDMA OPERATION

8 $495.00

$336.60

$2,692.80

Q15AJ

ADD: AES/DES-XL/DES-OFB

ENCRYPTION AND ADP

8 $879.00

$597.72

$4,781.76

QA09007AA

ADD: OUT OF THE BOX WIFI

PROVISIONING

8 $0.00

$0.00

QA09001AB

ADD: WIFI CAPABILITY

8 $330.00

$224.40

$1,795.20

Q498AU

ENH: ASTRO 25 OTAR W/

MULTIKEY

8 $814.00

$553.52

$4,428.16

H38BS

ADD: SMARTZONE

OPERATION

8 $1,650.00

$1,122.00

$8,976.00

H112LT

DEL: DELETE STANDARD

ANTENNA

8 $0.00

$0.00

QUOTE-1740325
APX8000

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 1 ends

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

G996AP

ADD: PROGRAMMING OVER
P25 (OTAP)

8 $110.00

$74.80

$598.40

QA05507AA

DEL: DELETE 7/800 MHZ
BAND

8 -$800.00

-$544.00

-$4,352.00

QA05508AA

DEL: DELETE VHF BAND

8 -$800.00

-$544.00

-$4,352.00

2 PMMN4062AL

AUDIO ACCESSORY-

REMOTE SPEAKER

MICROPHONE,IMPRES RSM,
NOISE CANC. EMERGENCY
BUTTON 3.5MM JACK IP54

8 $127.12

$101.68

$813.44

3 FAF5260A

ASSY,ANT,UHF R2 PLUS GPS

STUBBY ANT

8 $64.80

$51.83

$414.64

4 NNTN8844A

CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LA-

PLUG, ACC USB CHGR

2 $1,420.20

$1,136.02

$2,272.04

Subtotal
$64,580.12

Estimated Tax

$6,043.15

Grand Total

$70,623.27(USD)

Notes:

QUOTE-1740325
APX8000

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131

March 7, 2022

Lt. Joshua Hendricks
Standards, Training, & Strategic Planning Bureau
14403 E Pacific Avenue
Baldwin Park, CA 91706

Subject: Motorola Solutions – ASTRO25 APX RADIO EQUIPMENT

Dear Lt. Hendricks:

Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Baldwin Park, CA as a valued customer. The ASTRO25 radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through Motorola and its channel partners.

The Motorola Radio Equipment and Options that will be purchased by the City of Baldwin Park can be used on their existing Motorola ASTRO P25 Trunked System that ICI Member agencies currently operate.

These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola solutions core equipment located at the Glendale Master Site.

Furthermore, authorized warranty, maintenance and support services for Motorola systems and hardware and software products are provided by Motorola and its network of authorized and trained service providers. Motorola maintains a parts and accessories inventory sufficient to support its warranty, maintenance and support services obligations. These parts and accessories are manufactured either by Motorola or for Motorola subject to Motorola’s specifications and other requirements.

If you have any questions regarding our radio equipment, please contact your Account Executive, Denis Redzepagic at (619) 577-3619.

Sincerely,

Motorola Solutions, Inc.

Mike Bravo
Area Sales Manager

State Homeland Security Program
Subrecipient Agreement
Grant Year 2020

Between the

County of Los Angeles

and the

City of Baldwin Park

Page 1 ends

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES

AND THE

CITY OF BALDWIN PARK

THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the “County of Los Angeles”), and the City of Baldwin Park, a public agency (the “Subrecipient”).

W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 – Homeland Security Grant Program directly to the California Governor’s Office of Emergency Services (Cal OES) for the 2020 SHSP, Federal Award Identification No. 037-00000 Federal Award dated October 23, 2020 with a performance period of September 1, 2020 to May 31, 2023. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2020 SHSP grant from Cal OES in the total amount of $10,593,612.00; and WHEREAS, the CEO now wishes to distribute 2020 SHSP grant funds to the Subrecipient in the amount of $67,518.00, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on July 20, 2021 authorized the CEO to prepare and execute this Agreement.

Page 2 ends

NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

SECTION I

INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of , a public agency, having its principal office at .
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:

Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
[email protected]

Melissa Tarver
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-3338
Fax: (213) 687-3765
[email protected]

Page 3 ends

2. The representative of Subrecipient is:

Name and Title:

Organizational DUNS
Number
Address:

City/State/Zip:

Phone:

FAX:

Email:

With a copy to:

Name and Title:

Address:

City/State/Zip:

Phone:

FAX:

Email:

B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.

C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.

Page 4 ends

§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.

Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.

C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.

D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2020 to February 28, 2023, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §502, below.

Page 5 ends

§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter “Budget,” for the 2020 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf prior to the
purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15
th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by 2 CFR Part 200, to CEO no later than March 31st (fiscal year ending June 30) or June 30th (fiscal year ending September 30) of the year following the reporting period.

Page 6 ends

G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one on- site visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System’s Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People’s Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list
and the Funding Guidelines of
the 2020 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2020 SHSP can be found at Title 2 CFR Part 200.313.

Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;

Page 7 ends

2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, “Equipment” is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the “Equipment” category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division.

The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

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5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraining.gov/frts/ .

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

SECTION III

PAYMENT

§301. Payment of Grant Funds and Method of Payment

A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $67,518.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The

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grant amount represents the amount allocated to Subrecipient in the 2020 SHSP Grant Award Letter from Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301.A., above, will not be utilized. As provided in §502, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.

F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be

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terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement

Each party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for

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herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits

Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient’s performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement,

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and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father,

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mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must

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substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

1. CFR
Subrecipient must comply with Title 2 CFR Part 200.

2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.

Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.

4. Political and Sectarian Activity Prohibited

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None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.

Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.

5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S.

Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient’s method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.

6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.

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7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.

8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).

Subrecipient must, as applicable, comply with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7); the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501-1508 and 7324-7328).

Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment.

None of the funds may be used to promote or deter union/labor organizing activities. CA Gov’t Code Sec. 16645 et seq.

9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age

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Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.

These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).

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Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation’s waters.

Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.

Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).

Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.

11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

12. Suspension, Debarment, Ineligibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the

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execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov’t Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

14. Lobbying Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.

15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).

B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.

Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

Title 2 CFR Part 200; EO 12372; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.

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Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).

Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.

1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient’s reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed.

Subrecipient’s total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out- of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.

Subrecipient’s administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient’s reimbursement rates may not exceed the amounts established under the grant.

C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's “Grant Assurances”. By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds

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that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D.

Subrecipient will be liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.

Pursuant to this Agreement, Subrecipient shall execute the 2020 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.

To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.

D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated

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2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.

B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non- exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. Subrecipient must comply with Title 24 CFR 85.34.

D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.

Page 23 ends

§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.

§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority B usiness Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient’s contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient’s contractors and sub-contractors.

§416. Compliance with Fair Chance Employment Practices Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:

Conviction History. Subrecipient’s violation of this paragraph of the Agreement t may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.

§417. Method of Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.

Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacounty.gov/
. Such electronic banking and related
information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption

Page 24 ends

to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.

SECTION V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.

The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.

§503.Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

SECTION VI

ENTIRE AGREEMENT

§601. Complete Agreement

Page 25 ends

This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.

§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (26) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.

[Remainder of this page intentionally left blank]

Page 26 ends

IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.

COUNTY OF LOS ANGELES

BY _________ ________
FESIA A. DAVENPORT Date
Chief Executive Officer

BY __________________________ BY _________________

CELIA ZAVALA ARLENE BARRERA
Executive Officer, Board of Supervisors Auditor-Controller

APPROVED AS TO FORM

RODRIGO A. CASTRO-SILVA
County Counsel

BY__________________________
Deputy County Counsel

BY_____________________________ ________________________ __________________ City Representative/Title
(Signature) (Print Name) Date

APPROVED AS TO FORM

BY_____________________________ ________________________ __________________ City Attorney
(Signature) (Print Name) Date

ATTEST

BY_____________________________ ________________________ _________________ City Clerk (Signature) (Print Name) Date

EXHIBITS

Exhibit A Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Drug-Free Workplace
Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet

Exhibit F 2020 Notice of Funding Opportunity

Exhibit G Reimbursement Form and Instructions

Exhibit H Monitoring Instrument
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1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

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DepartmentofHomeland Security Homeland SecurityGrantProgram

97.067
CalOES2-232
County of Los Angeles
Chief Executive Office
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012

EXHIBIT A

Page 3 of 4 ends

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EXHIBIT
B

CERTIFICATION

REGARDING

DEBARMENT,

SUSPENSION,

INELIGIBILITY
AND

VOLUNTARY

EXCLUSION
LOWER
TIER

COVERED

TRANSACTIONS
This
certification
is
requited
by
the
regulations
implementing
Executive
Order
12549,
Debarment
and
Suspension,
24 CFR
Part
24 Section

24.510,
Participants’
responsibilities.
(READ

ATTACHED

INSTRUCTIONS
FOR

CERTIFICATION
BEFORE

COMPLETING)

1. The
prospective
recipient
of
Federal
assistance
funds
certifies
that
neither
it
nor
its
principals
are
presently
debarred,
suspended,
proposed
for
debarment,
declared
ineligible,
or
voluntarily
excluded
from
participation
in
this
transaction
by
any
Federal
department
or
agency.

2. Where
the
prospective
recipient
of
Federal
assistance
funds
is
unable
to
certify
to
any
of
the
statements
in
this
certification,
such
prospective
participant
shall
attach
an
explanation
to
this
proposal.

AGREEMENT
NUMBER

CONTRACTOR/BORROWER/AGENCYNAME
AND
TITLE
OF

AUTHORIZED

REPRESENTATIVE

SIGNATURE
DATE

EXHIBIT B

Page 1 of 2 ends

INSTRUCTIONSFORCERTIFICATION

1.Bysigningandsubmittingthisdocument,theprospectiverecipientofFederalassistance Isprovidingthecertificationassetoutbelow.

2.ThecertificationinthisclauseIsamaterialrepresentationoffactuponwhichreliance wasplacedwhenthistransactionwasenteredinto.Ifitislaterdeterminedthatthe prospectiverecipientofFederalassistancefundsknowinglyrenderedanerroneous certification,inadditiontootherremediesavailabletotheFederalGovernment,the departmentoragencywithwhichthistransactionoriginatedmaypursueavailable remedies,includingsuspensionandlordebarment.

3.TheprospectiverecipientofFederalassistancefundsshallprovideimmediatewritten noticetothepersontowhichthisagreementIsentered,Ifatanytimetheprospective recipientofFederalassistancefundslearnsthatitscertificationwas erroneous,when submittedorhasbecomeerroneousbyreasonofchangedcircumstances.

4.Theterms“coveredtransaction,”“debarred,”“suspended,”“ineligible,”“lowertier coveredtransaction,”“participant,”“person,””primarycoveredtransaction,”‘principal,” “proposal,”and“voluntarilyexcluded,”asusedinthisclause,havethemeaningssetout intheDefinitionsandCoveragesectionsofrulesimplementingExecutiveOrder12549.

5.TheprospectiverecipientofFederalassistancefundsagreesbysubmittingthisproposal that,shouldtheproposedcoveredtransactionbeenteredinto,itshallnotknowingly enterintoanylowertiercovetedtransactionwithapersonwhoisdebarred,suspended, declaredIneligible,orvoluntarilyexcludedfromparticipationonthiscovetedtransaction, unlessauthorizedbythedepartmentoragencywithwhichthistransactionoriginated.

6.TheprospectiverecipientofFederalassistancefundsfurtheragreesbysubmittingthis proposalthatitwillincludetheclausetitled“CertificationRegardingDebarment, Suspension,IneligibilityandVoluntaryExclusionLowerTierCoveredTransactions,” withoutmodification,inalllowertiercoveredtransactionsandinallsolicitationsforlower tiercoveredtransactions.

7.Aparticipantinacoveredtransactionmayrelyuponacertificationofaprospective participantinalowertiercoveredtransaction,unlessitknowsthatthecertificationis erroneous.Aparticipantmaydecidethemethodandfrequencybywhichitdetermines theeligibilityofItsprincipals.Eachparticipantmay,butisnotrequitedto,checktheList ofPartiesExcludedfromProcurementorNonProcurementPrograms.

6.Nothingcontainedintheforegoingshallbeconstruedtorequireestablishmentofa systemofrecordsinordertorenderingoodfaiththecertificationrequiredbythisclause.

Theknowledgeandinformationofaparticipantisnotrequitedtoexceedthatwhichis normallypossessedbyaprudentpersonintheordinarycourseofbusinessdealings.

9.ExceptfortransactionsauthorizedunderParagraph5oftheseinstructions,ifa participantInacoveredtransactionknowinglyentersintoalowertiercoveredtransaction withapersonwhoissuspended,debarred,ineligible,orvoluntaryexcludedform participationinthistransaction,inadditiontootherremediesavailabletothe Federal Government,thedepartmentoragencywithwhichthistransactionoriginatedmaypursue availableremedies,includingsuspensionand/ordebarment.

EXHIBIT B

Page 2 of 2 ends

Drug-Free Workplace Certification STD. 21 (Revised 7/2015)

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) , to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s poli cy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c) , that every employee who works on the proposed contract or subgrant:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or subgrant.

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.

OFFICAL’S NAME DATE EXECUTED

EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER

COUNTY OF LOS ANGELES

EXHIBIT C

Page 1 of 2 ends

Drug-Free Workplace Certification STD. 21 (Revised 7/2015)

STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.

In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive, this statement is issued to meet this requirement.

The (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is availa ble to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.

It is the intent of the (your agency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement.[Section 8355(c)]

EXHIBIT C

Page 2 of 2 ends

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 1 of 14 ends

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Go
vernment cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant
award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

EXHIBIT D
Standard Assurances
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Page 2 of 14 ends

(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

EXHIBIT D
Standard Assurances
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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

EXHIBIT D
Standard Assurances
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

EXHIBIT D
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

EXHIBIT D
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(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

EXHIBIT D
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

EXHIBIT D
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

EXHIBIT D
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30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

EXHIBIT D
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35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

EXHIBIT D
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All a
ppropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

EXHIBIT D
GAVINNEWSOMMARKS.GHILARDUCCI

GOVERNORDIRECTOR
:‘
CalOES
;>1

GOVERNORSOFFICE

OFEMERGENCYSERVICES
October23,2020
FesiaA.Davenport
ActingChiefExecutiveOfficer
LosAngelesCounty
500WestTempleStreet,Room713
LosAngeles,CA90012-0000
SUBJECT:NOTIFICATIONOfSUBRECIPIENTSUBAWARDAPPROVAL
FiscalYear(FY)2020HomelandSecurityGrantProgram(HSGP)
Subaward#2020-0095,CalOESID#037-00000
SubawardPeriodofPerformance:09/01/2020-05/31/2023
DearMs.Davenport:

WearepleasedtoannouncetheapprovalofyourFY2020HSGPsubawardinthe amountof$10,593,612.Oncethecompletedapplicationisreceivedand approved,reimbursementofeligiblesubawardexpendituresmayberequested usingtheCaliforniaGovernor’sOfficeofEmergencyServices(CalOES)Financial ManagementFormsWorkbook.Failuretoprovidedocumentationinatimely mannercouldresultinaholdonfunding,pursuanttoTitle2,CodeofFederal Regulations(CFR),Sections200.338(a)and200.207(b)(1)-(2).

Thissubawardissubjecttorequirementsin2 CFR,Part200,includingtheNoticeof FundingOpportunity(NOFO),thePreparednessGrantsManual,theCalifornia SupplementtotheNOFO,andallapplicablefederal,state,andlocal requirements.Allactivitiesfundedwiththissubawardmustbecompletedwithin thesubawardperiodofperformance.

Subrecipientsmustobtainadditionalwrittenapprovalpriortoincurringcostsfor activitiessuchasaviation,watercraft,allowabilityrequestlogs,noncompetitive procurement,andprojectsrequiringEnvironmentalPlanningandHistoric Preservationreview.Additionally,allprojectsfallingundertheNationalPriority InvestmentJustificationsmustbereviewedandapprovedforeffectivenessbythe 3650SCHRIEVERAVENUE,MATHER,CA95655
.CalOES.ca.ov

EXHIBIT E
FesiaA.Davenport
October23,2020
Page2of2
FederalEmergencyManagementAgency(FEMA),priortotheobligation,and expenditureoffundsforthoseprojects.

YourorganizationwillberequiredtoprepareandsubmittheBiannualStrategy ImplementationReport(BSIR)toCalOESviatheFEMAGrantsReportingTool (GRT)semi-annuallyforthedurationofthesubawardperiodofperformanceor untilallactivitiesarecompletedandthesubawardisformallyclosed.Failureto submitrequitedreportscouldresultinsubawardreduction,suspension,or termination.Throughoutthesubawardcycle,milestonessetintheGRTwillbe usedasindicatorsofprojectfeasibility,performance,andgrantmanagement capacity.Thisinformationmayalsobeusedinassessingproposalsinfuturegrant opportunities.

AConditionalHoldhasbeenplacedonyoursubaward;fivepercentofthe subawardmustbeallocatedtoeachofthefourNationalPriorityInvestment Justificationsforatotaloftwentypercentoftheaward.Toreleasethishold, additionalinformationisrequiredfortheinvestmentsidentifiedwhichmustbe submittedintheDecember2020BSIRinamannerconsistentwithGrantsProgram DirectorateInformationBulletinNo.447.

Yourdatedsignatureisrequiredonthisletter.Pleasesignandreturntheoriginal toyourCalOESProgramRepresentativewithin20calendardaysuponreceipt andkeepacopyforyourrecords.Forfurtherassistance,pleasecontactyour CalOESProgramRepresentative.

Sincerely,
MARKS.GHILARDUCCI
Director
L1
202o
Date FesiaA.Davenport
LosAngelesCounty

EXHIBIT E
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Project Title Funding
Source Discipline Solution Area Total Budgeted
006 LE P25 Radios HSGP-SHSP LE Equipment 67 518$
Total 67,518$
Project Ledger
9/1/2020
5/31/2023
Initial Application
2/15/2022

Page 1 of 6 ends

City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Planning Activity Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category Final Product
Noncompetitive
Procurement
over $250K
Budgeted Cost
Planning

Page 2 of 6 ends

City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Organization Funding
Source Discipline Solution Area
Sub-Category
Expenditure
Category Detail Certification on
File Budgeted Cost
Organization

Page 3 of 6 ends

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.

Equipment Description (Include
Quantity) AEL # AEL Title Funding
Source Discipline Solution Area Sub
Category
Deployable /
Shareable
Noncompetitive
Procurement over
$250K
Hold Trigger Budgeted
Cost

6.10 10 P25 compliant portable
radios and accessories
06CP-01-PORT
06CP-03-PRAC
Radio Portable Accessories
Portable Radio HSGP-SHSP LE
Interoperable
Communications
Equipment
Deployable No No Hold
Indicated $ 67 518
5/31/2023
Equipment
Initial Application
2/15/2022
9/1/2020

Page 4 of 6 ends

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Course Name Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category
Feedback
Number
Training
Activity
Total #
Trainee(s)
Identified
Host
Noncompetitive
Procurement EHP Hold EHP Approval Date Budgeted Cost
9/1/2020
5/31/2023
Training
Initial Application
2/15/2022

Page 5 of 6 ends

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Exercise Title Funding
Source Discipline Solution Area Sub-
Category
Expenditure
Category
Date of
Exercise Exercise Type Identified Host
Date of AAR
entered into
HSEEP
Noncompetitive
Procurement
over $250K
EHP Hold Budgeted Cost
9/1/2020
5/31/2023
Exercise
Initial Application
2/15/2022

Page 6 of 6 ends

Page 1 of 41 ends

FY 2020 HSGP NOFO
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information.

Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants.gov/web/grants/register.html.

A. Program Description

1. Issued By
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

2. A
ssistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067

3. A
ssistance Listings Title (formerly CFDA Title)
Homeland Security Grant Program

4. Fundi
ng Opportunity Title
Homeland Security Grant Program
• State Homeland Security Program
• Urban Area Security Initiative
• Operation Stonegarden

5. Funding Opportunity Number
DHS-20-GPD-067-00-01

6. A
uthorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)

7. A
ppropriation Authority for Program
Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)

8. A
nnouncement Type
New

EXHIBIT F

Page 2 of 41 ends

FY 2020 HSGP NOFO

9. Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the Department of Homeland Security (DHS)/Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, there are three components of HSGP:
1) State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
2) Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Areas efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
3) Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG.

The 2018-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. HSGP supports the goals of Building a Culture of Preparedness and Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient Nation, as preparedness is a shared responsibility and funding should support priorities that are most impactful and demonstrate the greatest return on investment.

Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the “failures among federal agencies and between the federal agencies and state and local authorities to share critical information related to the threat of terrorism” prior to the September 11, 2001, attacks. 1 The
threat profile has changed in the last two decades – we now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election 1 Homeland Security Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House of Representatives (2002) (H. Rpt. 107-609).

EXHIBIT F

Page 3 of 41 ends

FY 2020 HSGP NOFO
process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal authorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified four priority areas, tied to some of the most serious threats that DHS would like to see addressed by state and local governments, that recipients will need to address with their HSGP funds. Perhaps most importantly, we will be focused on forging partnerships to strengthen information sharing and collaboration in each of these priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.

Objectives
The objective of the FY 2020 HSGP is to fund state, local, tribal, and territorial efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.

Priorities
Given the evolving threat landscape, it is incumbent upon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, four priority areas attract the most concern.

And due to the unique threats that the nation faces in 2020, DHS/FEMA has determined that these four priorities should be addressed by allocating specific percentages of HSGP funds to each of these four areas, for a total of 20 percent. The following are the four priority areas for FY 2020, along with the corresponding amount of HSGP funds that each recipient will be required to propose for each priority area in order to obtain a full allocation of HSGP funds:
1) Enhancing cybersecurity (including election security) – 5 percent 2) Enhancing the protection of soft targets/crowded places (including election security) – 5 percent;
3) Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS – 5 percent;
4) Addressing emergent threats (e.g., unmanned aerial systems [UASs], etc.) – 5 percent.

Failure by a recipient to propose investments and projects that align with these four priority areas and spending requirements may result in a recipient receiving a reduced grant award. DHS/FEMA may not award funding in excess of a recipient’s minimum allocation threshold2 to the extent that investments and projects do not align with these four priority areas.

A State or high-risk urban area may allocate the remaining 80 percent to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process.

Likewise, there are several enduring security needs that crosscut the homeland security enterprise, and to which that States should consider allocating funding across core capability gaps and national 2 The Homeland Security Act of 2002, as amended, allocates for each of the 50 States, the District of Columbia, and Puerto Rico

0.35 percent of the total funds appropriated for grants under section 2003 and section 2004 of the Act, and 0.08 percent for each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands).

EXHIBIT F

Page 4 of 41 ends

FY 2020 HSGP NOFO
priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:
1) Effective planning;
2) Training and awareness campaigns;
3) Equipment and capital projects; and
4) Exercises.

The table below provides a breakdown of the FY 2020 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual . DHS/FEMA
anticipate that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through other funding mechanisms.

FY 2020 SHSP & UASI Funding Priorities
Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
Cybersecurity
(including election
security)
• Cybersecurity
• Intelligence and
information sharing
• Safety and
security
• Cybersecurity risk assessments
• Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Enhancing the
Protection of Soft
Targets/ Crowded
Places (including
election security)
• Operational
coordination
• Public information
an
d warning
• Intelligence and
information sharing
• Interdiction and
disruption
• Screening, search,
and detection
• Access control and
identity verification
• Physical protective
measures
• Risk management for
protection programs
and activities
• Safety and
security
• Operational overtime
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for
people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.

Enhancing
information and
intelligence sharing
and cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Fusion center operations (Fusion Center
project will be required under this
investment, no longer as a stand-alon
e
i
nvestment)
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS

EXHIBIT F

Page 5 of 41 ends

Baldwin Park City CouncilNovember 16, 2022

Baldwin Park City Council
November 16, 2022