Baldwin Park City Council
June 7, 2023

TO: Honorable Mayor and Members of the City Council

FROM: Sam Gutierrez, Director of Public Works
DATE: June 7, 2023
SUBJECT: Adoption of Resolution No. 2023-015 “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Citywide Park Maintenance
Assessment District for FY 2023-2024, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing”

SUMMARY
This item adopts a resolution approving the Engineer’s Report; declares the intention to levy and collect assessments and sets a date and time for a Public Hearing for the Citywide Park Maintenance Assessment District (PMD) for FY 2023-2024. The recommended hearing date is June 21, 2023.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023-015 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Citywide Park Maintenance Assessment District for FY 2023- 2024, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing.”

FISCAL IMPACT
The following table summarizes the District revenue and expenditure status:

FY 2023-2024 Beginning Fund Balance (July 1, 2023) $43,014 Estimated Revenues
Proposed PMD Revenue + Delinquencies FY2023-24 $868,800 Operating Reserve FY2022-23 $25,600
City Contribution – General Fund FY2023-24 $183,763
Total Estimated Funds Available $1,121,177
Projected Expenditures
Park Maintenance and Operation $1,066,799
Operating Reserve $25,600
Total Projected Expenditures FY2023-24 $1,092,399
Projected Ending Fund Balance (June 30, 2024) $28,778

The total cost of the District for FY 2023- 2024 is estimated to be $ 1,066,799. The City anticipates revenue of $868,800 from the FY 2023 -2024 Citywide Park Maintenance Assessment District. A

General Fund Transfer of $183,763 will be included in the recommended FY 2023- 24 Operations Budget to cover the District’s shortfall. The fund balance on June 30, 2024, is projected to be $28,778.

BACKGROUND
In 1996, the City of Baldwin Park property owners approved the formation of a Park Maintenance Assessment District (PMD). The PMD’s formation was established in conformance with Proposition 218. The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs.

As part of the budgeting process, the City considers whether to renew the PMD and levy assessments for the upcoming fiscal year . To that objective, it is necessary to prepare an Engineer’s Report which contains the methodology and procedures for apportioning the property assessment and to budget accordingly.

On March 15, 2023, the City Council approved Resolution No. 2023-0 09 which authorized staff to commence the initiation of the FY2023- 2024 PMD and ordered the preparation of the Engineer’s Report.

DISCUSSION
On May 25, 2023, the City’s consultant, Community Economic Solutions, submitted the Preliminary Engineer’s PMD Report for FY 2023-24. Staff has reviewed the report and is presenting the report to the City Council for consideration and approval via adoption of Resolution No 2013-015. By approving the report, the Council will be establishing the assessment levy amount and the formula used to calculate the assessment based on the special benefit analysis.

For Fiscal Year 2023-24, the PMD is proposed to generate revenue of approximately $868,800, while the cost of park maintenance is budgeted at $1,066,799. The difference of $197,999 will be covered by a contribution from the City’s General Fund in the amount of $183,763 plus the beginning fund balance in the PMD Fund estimated at $43,014 less the Operating Reserve estimated at $25,600. The City has made an effort to reduce this program’s impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs.

Adoption of Resolution 2023-015 will approve the Engineer’s Report for FY 2023-2024 and declare the intent to levy and collect assessments. A Public Hearing is set to be held during the regular City Council meeting on June 7, 2023, at 7:00pm.

ALTERNATIVES
None

CEQA REVIEW
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 statutori ly 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.

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

ATTACHMENTS

1. Resolution No. 2023-015

2. PMD Engineer’s Report

Attachment 1
RESOLUTION NO. 2023-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2023-2024, DECLARING THE

INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND

PLACE FOR A PUBLIC HEARING
WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as:

CITY OF BALDWIN PARK CITYWIDE

PARK MAINTENANCE ASSESSMENT DISTRICT
(Hereinafter referred to as “District”); and
WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report.

WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620).

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

SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein.

SECTION 2. That the Report as presented, consisting of the following:
a. Plans and Specifications
b. Estimate of the Cost
c. Diagram of the Maintenance District
d. Assessment of the Estimated Cost
is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection.

Resolution No. 2023-015
Approval of Engineer’s Report
Park Maintenance District

5 0
7 7
SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2023-2024 for the construction and continued maintenance of certain public facilities within the Citywide Park Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer’s Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof.

SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, June 7, 2023, at the hour of 7:00 p.m. pursuant to the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council’s determination whether the public interest, convenience, and necessity require the improvements.

SECTION 5. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Examiner, a newspaper of general circulation in said City; said publication shall not be less than ten (10) days before the date of said Public Hearing.

SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, the public’s attention is directed to the office listed below as designated:

Sam Gutierrez, Director of Public Works
City of Baldwin Park
(626) 813-5255
SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer’s Report.

Resolution No. 2023-015
Approval of Engineer’s Report
Park Maintenance District

5 0
7 7
PASSED, APPROVED, AND ADOPTED this 17th day of May 2023. _______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF BALDWIN PARK )
I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-015 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 17, 2023, and that the same was adopted by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

CHRISTOPHER SAEZ

CITY CLERK
P a g e

CITYWIDE PARK MAINTENANCE

ASSESSMENT DISTRICT

ASSESSMENT ENGINEER’S REPORT
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ)

Fiscal Year 2023-24

Prepared for:

CITY OF BALDWIN PARK

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

Prepared by:

Community Economic Solutions

May 25, 2023
City of Baldwin Park
Citywide Park Maintenance Assessment District Page i

parkreport23-24 Community Economic Solutions

CITY OF BALDWIN PARK

ASSESSMENT ENGINEER'S REPORT

CITYWIDE PARK MAINTENANCE

ASSESSMENT DISTRICT
FISCAL YEAR 2023-24

The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein.

SECTION DESCRIPTION PAGE

Executive Summary .......................................................................................... 1

Report ................................................................................................................ 2

Part A - Plans and Specifications for the Improvements .................................. 4

Part B - An Estimate of the Costs of the Improvements ................................... 5

Part C - A Diagram for the Assessment District ............................................... 6

Part D - An Assessment of the Estimated Costs of the Improvements............ 7

Part E – Property Owner List and Assessment Roll ....................................... 15

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 1

parkreport23-24 Community Economic Solutions

EXECUTIVE SUMMARY

The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs.

Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywi de Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997 -98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs o f park maintenance. Consequently, the General Fund has been subsidizing the differences between the actual cost and the revenue from the assessment.

This report is pursuant to and in compliance with Articles XIII.C and XIII.D of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor’s Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenan ce Assessment District for Fiscal Year 2023-24. The assessment roll is included as part of this report, but is not bound herein.

For Fiscal Year 2023-24, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $792,700, while the cost of park m aintenance is budgeted at $818,900. The difference of $26,200 will be covered by a contribution from the City’s General Fund of $25,000 less any beginning fund balance in the Park Maintenance Assessment District Fund , estimated at $ 5,636. The City has made an effort to reduce this program’s impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs.

The General Fund contribution is for general benefits and is not as sessed. The proposed Fiscal Year 2023-24 assessments are 8.50% higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation.

DISTRICT FINANCIAL SUMMARY

FY 2023-24 Beginning Fund Balance (July 1, 2023) $43,014 Estimated Resources
Assessment District Revenue + Delinquencies FY 2023-24 $868,800 Operating Reserve Available FY 2022-23 $25,600
City Contribution - General Fund, FY 2023-24 $183,763
Total Estimated Funds Available, FY 2023-24 $1,121,177
Projected Liabilities
Park Maintenance and Operation $1,066,799
Operating Reserve $25,600
Total Projected Liabilities, FY 2023-24 $1,092,399
Projected Ending Fund Balance (June 30, 2024) $28,778

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 2

parkreport23-24 Community Economic Solutions
FISCAL YEAR 2023-24

CITY OF BALDWIN PARK

ASSESSMENT ENGINEER'S REPORT PREPARED

PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

Whereas the Council of the City of Baldwin Park, Californi a, did, p ursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer’s Report in accordance with Chapter 1, Article 4 commencing with Section 22565.

Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following:

Part A - Plans and specifications for the improvements.

Part B - An estimate of the costs of the improvements.

Part C - A diagram for the assessment district.

Part D - An assessment of the estimated costs of the improvements.

A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer’s Report is hereby submitted consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS

This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568 . The plans and specifications need not be detailed, but shall be sufficient if th ey show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone.

The Plans and specifications for the improvements listed in Part A are on file with the City Engineer.

Such plans and specifications are incorporated herein by reference.

PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS

This part contains an estimate of the co sts for maintenance of the improvements within the District for F iscal Year 2023-24 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following:

(a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses.

(b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 3

parkreport23-24 Community Economic Solutions

(c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part.

(d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments.

(e) The n et amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d).

PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT

This part incorporates, by reference, the “Assessment Diagram”, which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the distri ct, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to t hose shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer . The Assessor's maps and records are incorporated by reference herein and made part of this Report .

PART D: ASSESSMENT OF THE ESTIMATED

COSTS OF THE IMPROVEMENTS

This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following:

(a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amoun t sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5.

(b) Describe each assessable lot or parcel of land within the district.

(c) Assess the net amount upon all assess able lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements.

According to Section 22573, t he net amount t o be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains a list of the County of Los Angeles Assessor’s parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 4

parkreport23-24 Community Economic Solutions
PART A

PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS

The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows:

DESCRIPTION OF IMPROVEMENTS

FOR THE CITY OF BALDWIN PARK

CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24

The items that may be funded through the District are defined in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Ac t defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District.

Installation
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains and other ornamental structures and facilities.
 The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or cons truction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.  The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting an d filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms.  The acquisition of land for park, recreational or open-space purposes.  The acquisition of any existing improvement otherwise authorized.

Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including:

 Repair, removal or replacement of all or any part of any improvement.  Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury.  The removal of trimmings, rubbish, debris and other solid waste.  The cleani ng, sandblast ing and painting of walls and other improvements to remove or cover graffiti.

Servicing
Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any founta ins, or the maintenance of any improvements.

Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the locatio n of parks within the District are on file in the office of the City Clerk and incorporated herein by reference.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 5

parkreport23-24 Community Economic Solutions
PART B

AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS

The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2023-24, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable.

CITY OF BALDWIN PARK

CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT

FY 2023-24
Budget
FY 2023-24 Beginning Fund Balance (July 1, 2023)
Beginning Fund Balance (July 1, 2023) $43,014
Operating Reserve $25,600
Beginning Fund Balance (July 1, 2023) $68,614
Estimated Revenues
Assessment Revenue $868,800
General Fund Contribution $183,763
Total Revenue $1,052,563
Total Estimated Funds Available, FY 2023-24 $1,121,177
Projected Expenditures
Park Maintenance and Operation $1,066,799
FY 2023-24 Operating Reserve Accumulation $0
Total Projected Expenditures, FY 2023-24 $1,066,799
FY 2023-24 Operating Reserve / Deficit $54,378
Projected Ending Fund Balance (June 30, 2024)
Beginning Fund Balance $68,614
Revenues $1,052,563
Expenditures $1,066,799
Operating Reserve - Target 6 Months Expenditures $25,600 Projected Ending Fund Balance (June 30, 2024) $28,778

The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. An y balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 6

parkreport23-24 Community Economic Solutions
PART C

A DIAGRAM FOR THE ASSESSMENT DISTRICT

The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land sho wn on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies.

The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City’s corporate bound aries. Reference is made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk’s Office and incorporated herein by reference.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 7

parkreport23-24 Community Economic Solutions
PART D

ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS

GENERAL

Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, state s that, “ the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

As a result of the passage of Proposition 218 b y voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properti es owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit.

Specifically, the assessment methodology for the Citywide Park Maintenanc e Assessment District will have to:

 Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: “Special benefit” means a particular and distinct benefit over and above general benefits conferred on real p roperty located in the district or to the public at large.

General enhancement of property value does not constitute “special benefit’.”

 Separate the general benefits from the special benefits conferred to parcels: “Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel.”

 Determine the special benefit that should be attributed to public agency parcels within the new District boundary: “ Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit.”

ASSESSMENT METHODOLOGY

The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2023-24. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 8

parkreport23-24 Community Economic Solutions

TABLE 1 – LAND USE DEFINITIONS

Land Use Code

Land Use Description

SFR

Single family residential parcels

CONDO

Condominium or town home parcels

MFR

Multiple family residential parcels (2 dwellings or more)

MH

Mobile homes or Mobile Home Parks

NONRES

Commercial and industrial parcels

INSTITUTION

Institutional – Parcels owned by non-profit organizations

VACANT

Parcels without a building or similar structure - designated for each land use

GOVT

Parcels owned by a public agency

EXE

Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels)

SPECIAL BENEFIT ANALYSIS

Articles XIIIC and XIIID of the California Constitution require that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights-of-way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation.

In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barn es Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park City of Baldwin Park
Citywide Park Maintenance Assessment District Page 9

parkreport23-24 Community Economic Solutions
and in 2010 that same play area was upgraded with recreation water fea tures and public art amenities.

Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City’s periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park’s City park area is located south of Ramona Boulevard.

Baldwin Park’s recreation facilities and parks are vital to the community, especially for the high - density residential developments, which do not provide adequate play areas for their residents.

Upon full build-out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City’s parkland is under the control of the Baldwin Park Unified School District, wit h the City controlling 10 percent of the total parkland.

Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreation al activities are conducted on a community -wide basis to take advantage of existing park facilities.

This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in o ther jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District.

The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the D istrict. The desirability of parcels within the District is specifically enhanced by the presence of well -maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of priva tely installing and maintaining similar improvements.

Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District.

Although some properties in the District are within 3/4 mile of more than one park, it was determined th at residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District.

In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property -related crimes within the District, especially vandalism, through the removal and abatement of graffiti.

The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, “An investment in parks and recreation helps reduce pollution an d noise, makes communities more livable, and increases property value.” All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 10

parkreport23-24 Community Economic Solutions
In addition, the operation and maintenance of the City’s parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows:

 The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable.
 Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained.
 The proper ma intenance of parks by the District provides increased District -wide attractiveness to prospective buyers.
 The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels.
 Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements.
 The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business.
 Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District.

GENERAL BENEFIT ANALYSIS

In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities.

Census data and socio -economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements . Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium.

However, parks and recreational facilities are an important part of any thriving community. The general benefit aris ing from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out - of-district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of-District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years.

FORMULA

The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly City of Baldwin Park
Citywide Park Maintenance Assessment District Page 11

parkreport23-24 Community Economic Solutions
distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in “Special Benefit Analysis” are considered to benefit each parcel in proportion to the typical population associated with the parcel’s land use as reported by the City of Baldwin Park Planning Division.

In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelli ng Unit. All other land uses, as represented on the County Assessor’s master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ( “EDU”) based on population data as found in the 199 0 Census Data for Baldwin Park, as provided by the City of Baldwin Park’s Planning Division.

Following is a discussion of EDU values for each type of land use within the Assessment District.

The EDU values for condominiums, multi -family and mobile homes are based upon a comparison of the average population per household for single -family residences versus the average household population in condominiums, multi -family and mobile homes. The calculation of each EDU value is shown below:

For Single Family Residential:

Single family population per household 4.06
Single family population per household 4.06 = 1.00 EDUs/unit

For Condominium Residential:

Condo population per household 3.75
Single family population per household 4.06 = 0.92 EDUs/unit

For Multi-Family Residential:

Multi-family population per household 4.25
Single family population per household 4.06 = 1.04 EDUs/unit

For Mobile Home Residential:

Mobile Home population per household 2.03
Single family population per household 4.06 = 0.50 EDUs/unit

The EDU values for commercial, office, business and industrial land uses ( “non-residential”) are based on a comparison of the typical single family lot acreage versus the actual size of the non - residential use. Special benefit to non -residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non -residential property is based on acres, as opposed to residential parcels which are based on dwelling units.

Within the District, the typical single -family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated fo r streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non-residential property receives the same number of EDUs as an acre of residential property, that is, 4 EDU per acre.

Non-residential lots @ 4 lots per acre
Single family EDU @ 1.00 per lot = 4.00 EDUs /acre

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 12

parkreport23-24 Community Economic Solutions
Furthermore, non -residential parcels more than half an acre a nd less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non -residential parcels below one-half acre are assigned 50 percent of 4.0 EDUs, or 2.0 EDUs per parcel.

The EDU value for the institutio nal, church, school, college and day care land uses (“institutional”) is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category’s traditionally lower demand for park fac ilities as indicated by the City’s Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non -residential parcels in the District from the operation, maintenance and servicing of parks in the City for s everal reasons. Institutional parcels function differently than non -residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non -residential parcels, and are assigned 1 EDU per parcel.

As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within th e District boundary. Section 4 of the Proposition states, “ Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and conv incing evidence that such publicly owned parcels in fact receive no special benefit.”

In comparison to non-residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks:

 Reduces property-related crimes against properties within the District, especially vandalism, through the abatement of graffiti;
 Improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas;
 Reduces pollution and noise in surrounding areas throughout the provision of open space; and
 By improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business.

Additionally:

 Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and  Spraying and treating of landscaping for disease and weed control reduces the likelihoo d of insect or weed infestation spreading to the landscaping located on public properties within the District.

However, governmental parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance and servic ing of parks in the City. For instance, a portion of most public properties are used as park and/or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from City of Baldwin Park
Citywide Park Maintenance Assessment District Page 13

parkreport23-24 Community Economic Solutions
the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is no t conferred to governmental properties.

Therefore, the governmental parcels are assessed at one -quarter the rate of non -residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases.

The special benefit to undeveloped property in the residential, non -residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the faciliti es will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer’s Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property.

Finally, parcels of raw land and homeowner’s association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right -of-way parcels, public utility right-of-way and well site or reservoir site parcels, water righ ts parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non - residential or institutional development and therefore no benefit.

The following table sets forth the population per un it as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre.

Land Use Description
Population
Per Unit
Equivalent
Dwelling Units
FY 2023-24
Assessment
per Unit,
Parcel, or Acre
SFR 4.06 / unit 1.00 $43.00 / unit
Vac-SFR - - - - - 0.40 $17.20 / parcel
Condo 3.75 / unit 0.92 $39.56 / unit
MFR 4.25 / unit 1.04 $44.72 / unit
MH 2.03 / unit 0.50 $21.50 / unit
NonRes  1 acre 4.00 / acre 4.00 $172.00 / acre
NonRes  .5 acre - < 1 acre 4.00 / parcel 4.00 $172.00 / parcel NonRes < .5 acre 4.00 / parcel 2.00 $86.00 / parcel
Vac-NonRes  1 acre - - - - - 1.60 $68.80 / acre
Vac-NonRes  .5 acre - < 1 acre - - - - - 1.60 $68.80 / parcel Vac-NonRes < .5 acre - - - - - 0.80 $34.40 / parcel
Inst 1.00 / parcel 1.00 $43.00 / parcel
Vac-Inst - - - - - 0.40 $17.20 / parcel
Govt  1 acre 4.00 / acre 1.00 $43.00 / acre
Govt  .5 acre - < 1 acre 4.00 / parcel 1.00 $43.00 / parcel Govt < .5 acre 4.00 / parcel 0.50 $21.50 / parcel
Exempt - - - - - 0.00 $0.00 / parcel
TABLE 2 -- ASSESSMENT FACTORS
City of Baldwin Park
Citywide Park Maintenance Assessment District Page 14

parkreport23-24 Community Economic Solutions

ENGINEERING AND INCIDENTAL EXPENSES

All parcels within the District benefit from t he ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance.

THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT

The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006-2007 and for each year thereafter, the assessment for the Dist rict is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index (“CPI”), All Urban Consumers, for the Los Angeles -Long Beach-Anaheim Area from March of the current year to March of the previous calendar year. For Fiscal Year 2023-24 the calculation is as follows:

March 2023 to March 2022 Consumer Price Index:

March 2022: 317.873
March 2021: -306.679

11.194 / 306.679 = 0.0365 * 100 = 3.65%

Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary.

The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment ro ll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor-Controller for the inclusion on the 2023-24 tax roll.

City of Baldwin Park
Citywide Park Maintenance Assessment District Page 15

parkreport23-24 Community Economic Solutions
PART E

PROPERTY OWNER LIST AND ASSESSMENT ROLL

The assessment set forth for each parcel is shown on t he Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2023-24", which is incorporated by reference herein and is on file in the office of the City Clerk.

The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report.

A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park.

STAFF REPORT
ITEM NO. _____7_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: June 7, 2023
SUBJECT: Approve a Contract Services Agreement with J & S Striping for the Installation of Temporary Traffic Striping and Signage for the Slow Street s “Roundabout” Demonstration Project at the Intersection of Olive Avenue and Maine Avenue

SUMMARY
The purpose of this staff report is for the City Council to consider approval of a contract services agreement with J & S Striping, Inc. of Ontario, CA in the amount of $78,770 for the installation of temporary striping and signage for the Slow Streets Demonstration Project to be located at the intersection of Olive Avenue and Maine Avenue. The project consists largely of reconfiguring the signalized intersection by installing temporary signage and water-based striping on a short-term basis to replicate the workings of a roundabout . The project is intended to demonstrate the benefits and advantages of a roundabout, which in certain settings, are statistically safer than a traditional signalized intersection. The City is partnering with the San Gabriel Valley Council of Governments (SGVCOG) who is partially funding the project through a Slow Streets Demonstration Grant, and Active SGV who is assisting in the implementation and demonstration of the project.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Accept a proposal from J&S Striping of Ontario, CA in an amount of $78,770; and

2. Authorize the Mayor and City Clerk to execute the contract services agreement with J&S Striping; and

3. Authorize the Director of Finance to appropriate $45,000 from Fund 270 and $33,770 from fund 240 and to make necessary budget adjustments.

FISCAL IMPACT
There is no impact to the General Fund. The following table lists the funds available for the project and will be included in the FY 2023-24 budget:

Funding Account No. Amount
Approved Funds Slow Streets Demo Project Grant 270-50-520-58100-55024 $ 45,000 Appropriate Fund 240 – Gas Tax 240-50-520-58100-55024 $ 33,770 Total Amount $ 78,770

BACKGROUND
On August 8, 2022, the City received a grant awarded by the San Gabriel Valley Council of Governments (SGVCOG) totaling up to $45,000. The award amount was set aside for the City of Baldwin Park as part of a larger implementation contract with their partner ActiveSGV. The intended purpose of the grant is to help facilitate a time-limited slow street demonstration, while the overall goal

of the program is to encourage sustainable modes of transportation and provide an opportunity for civic engagement that can foster the development of the city’s multi-modal policies. In line with this objective, the City has chosen to utilize the funds to install a temporary roundabout at the intersection of Olive avenue and Maine Avenue with the goal of demonstrating its safety features and design elements which promote better visibility and encourage drivers to slow down, resulting in fewer accidents and improved safety for pedestrians and cyclists as well.

Roundabouts are known for their ability to enhance traffic flow compared to traditional intersections.

Their circular design eliminates the need for traffic signals, allowing for a continuous flow of traffic without the interruption caused signal phasing on a traditional intersection. Roundabouts are especially effective during peak traffic hours when congestion is a concern, as vehicles can efficiently merge into the circulating traffic stream. This results in reduced travel times, improved fuel efficiency, and decreased traffic congestion overall. According to the Federal Highway Administration (FHWA), roundabouts have been shown to reduce injury crashes by 75 percent at intersections where stop signs or signals were previously used for traffic control. Roundabouts also reduce the severity of crashes that do occur because they are designed to reduce the speed of vehicles.

In December 2017, Staff completed design of plans and specifications for the Maine Avenue Complete Streets Improvements Project, which consisted of street improvements to Maine Avenue between Los Angeles Street and Arrow Highway that included a prominent roundabout at the intersection of Olive Avenue and Maine Avenue. Due to limited funding available for the project, the overall scope was split into two phases: Phase 1A and Phase 1B , with the intersection of Olive Avenue and Maine Avenue acting as the center limit to both phases. To make Phase 1A viable from a budgeting standpoint , the scope for the construction of the proposed roundabout was removed and included in the scope for Phase 1B. Phase 1A was awarded in January 2018 and was completed in November 2018 with improvements along Maine Avenue between Los Angeles Street and Olive Street.

In May 2019, Staff held a presentation titled “Roundabout vs. Decorative Signals in the Intersection of Maine and Olive Street” in anticipation the forthcoming construction start of Phase 1B. The intent was to seek City Council input and direction on the proposed roundabout . City Council expressed the potential concerns for its implementation at that intersection and directed Staff to study alternative locations and renovate the existing sidewalk and place decorative signage. Ultimately, it was determined that the Roundabout should not be implemented as part of the Maine Avenue Complete Streets Improvements Project and instead, only street resurfacing improvements were performed at that intersection. Phase 1B was awarded in February 2020 and completed in September 2020 with improvements along Maine Avenue between Olive Avenue and Arrow Highway.

DISCUSSION
The proposed Roundabout at Olive Avenue and Maine Avenue was originally intended as being a permanent infrastructure improvement seeking to mitigate traffic congestion while providing insight into potentially installing future roundabouts throughout the City dependent on community engagement.

However, since the roundabout was excluded from the Maine Avenue Complete Streets P roject, the intersection remains largely unimproved while staff completes the redesign that includes the Council directed improvements such as the renovated sidewalks, signage, and street resurfacing. Staff has determined that th is intersection is the best candidate for the implementation of the roundabout demonstration project given the design was previously completed as part of the original project design.

Additionally, construction would align with the ongoing redesign which includes traffic signal upgrades.

The advantages of utilizing the Olive and Maine intersection are two-fold; first, it would limit the costs necessary for the design as the existing design would require minor updates to current MUTCD standards, and secondly, there is construction synergy as it provides the opportunity to decommission the existing traffic signal lights in the interim until the new traffic signal lights are able to be delivered

and placed as part of the new project.

An informal request for proposal (RFP) was submitted to various striping contractors previously contracted by the City. The RFP included the finalized stamped plans specifying all work involved for the proposed demonstration project along with the anticipated project timeline. The table below summarizes the three (3) most responsive contractors who provided detailed quotes and were able to meet the project’s timeline:

No. Contractor Location Amount
1 J&S Striping Ontario, CA $ 78,770.00
2 Superior Pavement Markings Cypress, CA $ 92,544.00
3 Right of Way, Inc. San Dimas, CA $ 235,223.00

J&S Striping was ultimately selected as they provided the lowest overall cost and were able to accommodate the project’s timeline.

ALTERNATIVES

1. The City Council may choose not to award a construction contract, reject all proposals and re- bid the project. This action is not recommended as re-bidding the project will delay the work and may result in increased costs and loss of grant funds.

2. Provide Staff with alternate direction.

CEQA REVIEW
The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282 - Other Statutory Exemptions, subsection ( j) exemption, (Pub Res C §21080.19; 14 Cal Code Regs §15282(j)) which includes minor infrastructure improvements consisting of the restriping of streets or highways to relieve traffic congestion.

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

ATTACHMENTS

1. Contract Services Agreement with J&S Striping.

2. Slow Streets Grant – Award Letter

C-1
Section C

CONTRACT DOCUMENTS

CONTRACT SERVICE AGREEMENT FOR

CITY PROJECT

Olive Avenue and Maine Avenue
Roundabout Demonstration Project

THIS CONTRACT SERVICES AGREEMENT (herein "Agreement "), is made and entered into this ______ day of ____________________, 2023 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and J&S STRIPING (herein “Contractor”). The Parties hereto agree as follows:

R E C I T A L S

A. City requires signing, striping, markings, installing detectable warning surface, raised pavement markings, and delineators. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said ser vices on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services – In compliance with all terms and conditions of th is Agreement, the Contractor shall provide those services specified i n the plans, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional stand ards in performing the work and services required hereunder and that all materials will be o f good quality, fit for the purpose intended.

1.2 If awarded the contract, we agree to begin work wit hin ten (10) working days after receiving notice to proceed and to complete proposed work wit hin ten (10) working days. We further agree to sign and return the contract to the City within ten (10) working days after receiving notice that the contract is ready for signature and to furnish insu rance endorsements, and any other required documents in the form prescribed by the City at the same time.

1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statut es, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

C-2

1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreem ent. Contractor shall have the sole obligation to pay for any fees, assessments and tax es, plus applicable penalties and interest, which may be imposed by law and arise from or are n ecessary for the Contractor's performance of the services required by this Agreement, and sha ll indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be respons ible for all sub-contractors' compliance with this Section.

1.5 Familiarity with Work – By executing this Contract, Contractor warrants t hat Contractor (a) has thoroughly investigated and cons idered the scope of services to be performed, (b) has carefully considered how the ser vices should be performed, and (c) fully understands the facilities, difficulties and restri ctions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services h ereunder. Should the Contractor discover any latent or unknown conditions, which will materi ally affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructi ons are received from the Contract Officer.

1.6 Care of Work – The Contractor shall adopt reasonable methods dur ing the life of the Agreement to furnish continuous protection to the w ork, and the equipment, materials, papers, documents, plans, studies and/or other components t hereof to prevent losses or damages, and shall be responsible for all such damages, to perso ns or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations u nder this Agreement. Both parties agree to act in good faith to execute all instruments, prepa re all documents and take all actions as may be reasonably necessary to carry out the purposes o f this Agreement. Unless hereafter specified, neither party shall be responsible for t he service of the other. Contractor shall require all sub-contractors to comply with the prov isions of this agreement.

1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein an y adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compens ation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of o ne hundred eighty (180) days or less may be approved by the Contract Officer. Any greater incre ases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Con tractor hereby acknowledges that it accepts the risk that the services to be provided p ursuant to the Scope of Services may be more costly or time consuming than Contractor antic ipates and that Contractor shall not be entitled to additional compensation, therefore.

2. COMPENSATION

2.1 Contract Sum – For the services rendered pursuant to this Agreem ent, the Contractor shall be compensated as specified herein, but not e xceeding the maximum contract amount of Seventy-eight thousand seven-hundred and seventy dollars ($78,770.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deeme d necessary by the City; Contractor shall C-3
not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments - Prior to the first day of the month, during the p rogress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized stateme nt of all labor and materials incorporated into the work during the preceding month and the po rtion of the contract sum applicable thereto. Upon approval in writing by the Contract O fficer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ni nety five percent (95%) of the contract price apportionment of the labor and materials inco rporated into the work under the contract during the month covered by said statement. The rem aining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence – Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance – Contractor shall commence the services pursuant t o this Agreement upon receipt of a written notice to proce ed and shall perform all services within the time period(s) established in the "Schedule of Perf ormance" attached hereto as Exhibit "A" , if any, and incorporated herein by this reference. Whe n requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.

3.3 Force Majeure – The time period(s) specified in the Schedule of P erformance for performance of the services rendered pursuant to th is Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to , acts of God or of the public enemy, unusually severe weather, fires, earthquakes, flood s, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/o r acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Offic er's determination shall be final and conclusive upon the parties to this Agreement.

3.4 Term – Unless earlier terminated in accordance with Sect ion 7.8 of this Agreement, this Agreement shall continue in full force and effect u ntil final approval and acceptance of the project by the Contract Officer.

4. COORDINATION OF WORK

4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representati ves of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

___________Robert Aragon________________________
___________J&S Striping ____________
___________1544 S. Vineyard Ave.
___________Ontario, CA 91761____________

It is expressly understood that the experience, kno wledge, capability and reputation of the foregoing principals were a substantial inducem ent for City to enter into this Agreement.

Therefore, the foregoing principals shall be respon sible during the term of this Agreement for C-4
directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced, nor may their responsibilities be substan tially reduced by Contractor without the express written approval of City.

4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress o f the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Offi cer shall have authority to sign all documents on behalf of the City required hereunder to carry o ut the terms of this Agreement.

4.3 Prohibition Against Assignment – The experience, knowledge, capability and reputation of Contractor, its principals and employ ees were a substantial inducement for the City to enter into this Agreement. Neither this Agr eement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or e ncumbered voluntarily or by operation of law, whether for the benefit of creditors or otherw ise, without the prior written approval of City.

Transfers restricted hereunder shall include the tr ansfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into ac count on a cumulative basis. In the event of any such unapproved transfer, including any bankrup tcy proceeding, this Agreement shall be void. No approved transfer shall release the Contra ctor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor – Neither the City nor any of its employees shall h ave any control over the manner, mode or means by which Con tractor, its sub-contractors, agents or employees, performs the services required herein, e xcept as otherwise set forth herein. City shall have no voice in the selection, discharge, su pervision or control of Contractor's employees, sub-contractors, servants, representativ es or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consis tent with that role. Contractor shall not at any time or in any manner represent that it or any of i ts sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or ot herwise or a joint venture or a member of any joint enterprise with Contractor.

4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required fo r the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully quali fied and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation – City is responsible for removal, relocation, or p rotection of existing main or trunk line utilities to the extent such uti lities were not identified in the invitation for bi ds or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or rel ocating such unidentified utility facilities, including equipment idled during such work. Contrac tor shall not be assessed liquidated damages for delay arising from the removal or reloc ation of such unidentified utility facilities.

4.7 Trenches or Excavations – Pursuant to California Public Contract Code Secti on 7104, in the event the work included in this Agreement requi res excavations more than four (4) feet in depth, the following shall apply.

a) Contractor shall promptly, and before the following conditions are disturbed, notify C-5
City, in writing, of any: (1) material that Contrac tor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or C lass III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown phys ical conditions at the site of any unusual nature, different materially from those ord inarily encountered and generally recognized as inherent in work of the character pro vided for in the contract.

b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste , and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.

c) That, in the event that a dispute arises between Ci ty and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any sche duled completion date provided for by the contract, but shall proceed wit h all work to be performed under the contract. Contractor shall retain any and all r ights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

C-6

5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the e ntire term of this Agreement including any extension thereof, the following policies of insura nce:

Coverage (Check if applicable)

Minimum Limits

(X)
Comprehensive General Liability Insurance
(including premises and operations)

$1,000,000 per occurrence
combined single limit

(X)
Contractual Liability Insurance Products Liability
Insurance
$1,000,000 limit

(X)
Comprehensive Automobile Liability Insurance
(includes owned, non-owned, and hired
automobile hazard
$1,000,000 per occurrence
combined single limit

( )
Professional Liability Insurance (providing for a
one year discovery period)
$1,000,000 limit

(X)
Workers' Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per
occurrence

CONDITIONS:

In accordance with Public Code Section 20170, the i nsurance of surety companies who provide or issue the policy shall have been admitte d doing business in the State of California with a credit rating of “A” minus or better. This i nsurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 1 4403 East Pacific Avenue, Baldwin Park, California 91706.

Any insurance maintained by the City of Baldwin Par k shall apply in excess of and not combined with insurance provided by this policy.

The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insur eds.

Prior to commencement of any work under this contra ct, Contractor shall deliver to the City insurance endorsements confirming the existenc e of the insurance required by this contract, and including the applicable clauses referenced abo ve. Such endorsements shall be signed by an authorized representative of the insurance compa ny and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives docume ntation, acceptable to the City, which sustains that the individual signing said endorsements, is i ndeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementio ned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement.

However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failu re of Contractor to maintain said insurance or secure said endorsement. In addition to any othe r remedies the City may have upon Contractor's failure to provide and maintain any in surance or policy endorsements to the extent and within the time herein required, the Cit y shall have the right to order Contractor to C-7
stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limi ting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performan ce of the work covered under this agreement.

Each contract between the Contractor and any sub-co ntractor shall require the sub- contractor to maintain the same policies of insuran ce that the Contractor is required to maintain pursuant to this Section 5.1.

5.2 Indemnification – Contractor shall indemnify the City, its officers , agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or prope rty, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims o r liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to ar ise out of or in connection with the negligent performance of the work, operations or activities o f Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or a rising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arisi ng or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabil ities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith:

a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and ex penses, including legal costs and attorneys' fees incurred in connection therewith;

b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilit ies arising or alleged to arise out of or in connection with Contractor’s (or its agent s’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to p erform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;

c) In the event the City, its officers, agents or empl oyees is made a party to any action or proceeding filed or prosecuted against Contracto r for such damages or other claims arising or alleged to arise out of or in con nection with the negligent performance of or failure to perform the work, oper ation or activities of Contractor hereunder, Contractor shall pay to the City, its of ficers, agents or employees, any and all costs and expenses incurred by the City, it s officers, agents or employees in such action or proceeding, including but not limite d to, legal costs and attorneys' fees for counsel acceptable to City.

d) Contractor's duty to defend and indemnify as set ou t in this Section 5.2 shall include any claims, liabilities, obligations, losses, deman ds, actions, penalties, suits, costs, expenses or damages or injury to persons or propert y arising or alleged to arise from, in connection with, as a consequence of or pu rsuant to any state or federal law or regulation regarding hazardous substances, i ncluding but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RC RA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Mater ial Transportation Act, the Toxic Substances control Act, the Clean Air Act, th e Clean Water Act, the California Hazardous Substance Account Act, the California Haz ardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as an y of those statutes may be C-8
amended from time to time.

The Contractor's indemnification obligations pursua nt to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.

5.3 Sufficiency of Insurer or Surety – Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, Th e Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circu mstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contract or agrees that the minimum limits of the insurance policies required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.4 Substitution of Securities – Pursuant to California Public Contract Code Secti on 22300, substitution of eligible equivalent securiti es for any moneys withheld to ensure performance under the contract for the work to be p erformed will be permitted at the request and expense of the successful bidder.

6. RECORDS AND REPORTS

6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledg es that the City is greatly concerned about the cost of work and services to be performed pursu ant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decr ease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Cont ract Officer of said fact, circumstance, technique or event and the estimated increased or decreased c ost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records – Contractor shall keep, and require sub-contractor s to keep, such books and records (including but not limited to payroll recor ds as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Offi cer shall have full and free access to such books and records at all times during normal busine ss hours of City, including the right to inspect, copy, audit and make records and transcrip ts from such records. Such records shall be maintained for a period of three (3) years followin g completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents – All drawings, specifications, reports, records, d ocuments and other materials prepared by Contractor, its emp loyees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the te rmination of this Agreement, and Contractor shall have no claim for further employment or addit ional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied the rein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall i ndemnify City for all damages resulting therefrom.

C-9

7. ENFORCEMENT OF AGREEMENT

7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance wit h the laws of the State of California. Legal actions concerning any dispute, claim or matter ari sing out of or in relation to this Agreement shall be instituted in the Superior Court of the Co unty of Los Angeles, State of California, or any other appropriate court in such county, and Con tractor covenants and agrees to submit to the personal jurisdiction of such court in the even t of such action.

7.2 Disputes – In the event either party fails to perform its ob ligations hereunder, the nondefaulting party shall provide the defaulting pa rty written notice of such default. The defaulting party shall have ten (10) days to cure t he default; provided that, if the default is not reasonably susceptible to being cured within said t en (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to c ompletion; provided further that if the default is an immediate danger to the health, safet y and general welfare, the defaulting party shall take such immediate action as may be necessar y. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute d iscretion, grant a longer cure period. Should the defaulting party fail to cure the default withi n the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agr eement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's rig ht to take legal action in the event that the dispute is not cured.

7.3 Retention of Funds – Progress payments shall be made in accordance wit h the provisions of Section 2.2 of this agreement. In acc ordance with said section, City shall pay Contractor a sum based upon ninety five percent (95 %) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have fu rnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the C ity may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

C-10

7.4 Waiver – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair suc h right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any w aiver by either party of any default must be in writing and shall not be a waiver of any othe r default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreemen t, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or differe nt times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action – In addition to any other rights or remedies, eith er party may take legal action, law or in equity, to cure, correct or remed y any default, to recover damages for any default, to compel specific performance of this Agr eement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent wi th the purposes of this Agreement.

7.7 Liquidated Damages – Since the determination of actual damages for any delay in performance of this Agreement would be extremely di fficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsect ion 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In a ddition, liquidated damages may be assessed for failure to comply with the emergency call out r equirements described in the scope of services.

The City may withhold from any moneys payable on ac count of services performed by the Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Ag reement, Contractor shall vacate any City owned property which Contractor is permitted to occ upy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contra ctor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reason able efforts to mitigate such damages), and City may withhold any payments to the Contractor fo r the purpose of setoff or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in a ddition to any other relief which may be granted, whether legal or equitable, shall be entit led to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, a nd in addition a party entitled to attorney's fees shall be entitled to all other reasonable cost s for investigating such action, taking depositions and discovery and all other necessary c osts the court allows which are incurred in such litigation. All such fees shall be deemed to h ave accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

8. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any succ essor in interest, in the event of any default or breach by the City or for any amount which may b ecome due to the Contractor or to its successor, or for breach of any obligation of the t erms of this Agreement.

C-11

8.2 Conflict of Interest – The Contractor warrants that it has not paid or g iven and will not pay or give any third party any money or other cons ideration for obtaining this Agreement.

8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any pe rson or group of persons on account of race, color, creed, religion, sex, marital status, nation al origin, or ancestry in the performance of this Agreement. To the extent required by law, contracto r shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS

9.1 Notice - Any notice, demand, request, document, con sent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: City Engineer

To Contractor: J&S Striping
1544 S. Vineyard Ave.

Ontario, CA 91761
Attention: Robert Aragon

9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be const rued for or against either party by reason of the authorship of this Agreement or any other ru le of construction which might otherwise apply.

9.3 Integration Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Ag reement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this A greement. This Agreement may be amended at any time by the mutual consent of the pa rties by an instrument in writing.

9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of compete nt jurisdiction, such invalidity or unenforceability shall not affect any of the remain ing phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby decl ared as severable and shall be interpreted to carry out the intent of the parties hereunder un less the invalid provision is so material that its invalidity deprives either party of the basic benef it of their bargain or renders this Agreement meaningless.

9.5 Hiring of Undocumented Workers Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin P ark or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

C-12

9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to a ssign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Cha pter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Profession s Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by th e parties. (Section 7103.5, California Public Contract Code.)

9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organize d and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of sai d party, (iii) by so executing this Agreement, such party is formally bound to the provisions of t his Agreement, and (iv) the entering into this Agreement does not violate any provision of an y other Agreement to which said party is bound.

9.8 Legal Responsibilities – The Contractor shall keep itself informed of City , State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contra ctor shall at all times observe and comply with all such laws, ordinances and regulations. Nei ther the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.

9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 d ays prior written notice of termination of the Agreement. Upon receipt of the notice of termin ation the Contractor shall cease all further work pursuant to the Agreement. Upon such terminati on by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and inc luding the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office fo r supervising the mover-off.

3. The cost of materials custom made for this Agreemen t which cannot be used by the Contractor in the normal course of his business, an d which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might ot herwise be allowed by any plans or specifications, which were a part of the Agreement.

The provisions of this paragraph shall supersede an y other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contracto r agree that the provisions of this paragraph are a substantive part of the considerati on for this Agreement C-13
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CONTRACTOR:

By: By:
(Print Name) (Print Name)

Signature: Signature:

Title: Title:

Address: Address:

CITY OF BALDWIN PARK, a municipal
corporation

By:

Emmanuel J Estrada , MAYOR

ATTEST: APPROVED AS TO FORM:

By:

City Clerk City Attorney
Exhibit A

BALDWIN PARK, CITY OF

BERNARDO / ANTHONY
BALDWIN PARK, CA 91706-4226
14403 PACIFIC AVE, FL 2
Attention:
(909) 947-8073 FAX:(909) 947-9489
1544 S. Vineyard Ave Ontario, California 91761
Lic. No. 538211
Proposal: 14100
Date: 2/27/2023
FAX: (626) 962-2625
Phone: (626) 960-4011
Proposal & ContractCUSTOMER:

I/we hereby agree to furnish all labor, material and equipment for the completion, in a good workman like manner, of the work described below:

Job Address: BALDWIN PARK - MAINE & OLIVE
Description Quantity U/M UnitPrice Total PriceItem No.

Schedule 1
1 SIGNING, STRIPING, MARKINGS, TRUNCATED DOME,

RPM'S, DELINEATORS & REMOVALS

1.0 LS 66,530.000 66,530.00
2 CMS BOARDS (RENTAL) PER MONTH 4.0 EA 1,500.000 6,000.00 3 WATER FILLED JERSEY BARRICADES 1.0 LS 6,240.000 6,240.00 $78,770.00Total :
$78,770.00Total Proposal Price:
(Continued on next page)

J & S Striping
Robert Aragon BALDWIN PARK, CITY OF
Accepted By:

ACCEPTANCE
(By Owner, Agent, or General Contractor)
1 1/2 % SERVICE CHARGE PER MONTH APPLIED TO ALL PAST DUE BALANCES. ALL QUOTES GOOD FOR 90 DAYS.

I/we accept the within proposal. You are authorized to perform the work comprehended hereunder and I/we agree to pay the said amount in accordance with the terms set forth. All of the terms on the reverse side are incorporated herein and made a part hereof.

Date:

J&S Striping Co. - Proposal (cont'd)
Special Conditions:
1 The above prices are based on bid quantities only. The final i nvoice will be based on quantities completed.. 2 J&S Striping Co. will need (30) working days notice, (2) sets of signed plans, specs, and a signed contract or purchase order prior to scheduling.
.
3 Work Hours are Monday - Friday (7:00A - 3:00PM). This quote Ex cludes weekend and after-hours work.. 4 The above price for all thermoplastic is based on one move-in. If this project requires additional moves, an additional charge of $1250.00 per additional move will be added to the final invoice. .
5 The above prices are based on doing all items of work.. 6 J&S Striping Co. will need (30) working days notice prior to o verlay or slurry for striping/legend mapping.. 7 The above price includes one move-in for all removals (sandbla sting or grinding). If this project requires additional removal move- ins, an additional charge of $2000.00 per additional move will be added to the final invoice. .
8 The above price is based on unsigned plans. Price is subject t o change upon approved plans.. 9 The above price does not include sealing of streets or repair of asphalt after sandblasting or grinding.. 10 If contract bonding is required, ADD 2.5 % to this bid. A min imum price of $500.00 required for all bonds.. 11 Excludes inspection or permit fees..
12 Signs will not be ordered or ma nufactured until written authorization is received at our office.. 13 The above price is based on signed plan sheets 1 through 2 of 2, approved _/_/_.. 14 No retention to be taken..
15 Final pay quantities to be approved through J&S Striping Comp any prior to submittal to owner.. 16 Price based on J&S being granted clean, clear, and unobstruct ed access to job site.. 17 J&S Striping Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date.. 18 Excludes : Install / Supply of Signs, Mast-Arm Signs. 19 Prices are good through 6/30/2023..
20 DIR #1000006912, Expires 06/30/2025..

J & S Striping
Robert Aragon BALDWIN PARK, CITY OF
Accepted By:

ACCEPTANCE
(By Owner, Agent, or General Contractor)
1 1/2 % SERVICE CHARGE PER MONTH APPLIED TO ALL PAST DUE BALANCES. ALL QUOTES GOOD FOR 90 DAYS.

I/we accept the within proposal. You are authorized to perform the work comprehended hereunder and I/we agree to pay the said amount in accordance with the terms set forth. All of the terms on the reverse side are incorporated herein and made a part hereof.

Date:

San Gabriel Valley Council of Governments
1000 South Fremont Avenue, Unit #42 ♦ Alhambra, California 91803

OFFICERS
President
Becky Shevlin
1st Vice President
Tim Hepburn
2nd Vice President
Ed Reece
3rd Vice President
April Verlato

MEMBERS
Alhambra
Arcadia
Azusa
Baldwin Park
Bradbury
Claremont
Covina
Diamond Bar
Duarte
El Monte
Glendora
Industry
Irwindale
La Cañada Flintridge
La Puente
La Verne
Monrovia
Montebello
Monterey Park
Pasadena
Pomona
Rosemead
San Dimas
San Gabriel
San Marino
Sierra Madre
South El Monte
South Pasadena
Temple City
Walnut
West Covina
First District, LA County
Unincorporated Communities
Fifth District, LA County
Unincorporated Communities
SGV Water Districts

.

August 8, 2022

Enrique Zaldivar
14403 E. Pacific Avenue
Baldwin Park, CA 91706

SUBJECT: SLOW STREETS AWARD LETTER FOR GRANT REQUEST

We are pleased to inform you that the San Gabriel Valley Council of Governments (SGVCOG) reviewed your recent grant request and is awarding an amount of up to $45,000. As discussed, the award amount has been set aside for the City of Baldwin Park as part o f a larger implementation contract with our partner ActiveSGV. The intended purpose of the grant is to help facilitate a time-limited slow street demonstration, while the overall goal of the program is to encourage sustainable modes of transportation and provide an opportunity for civic engagement that can foster the development of the city’s multi - modal policies.

ActiveSGV will use the grant toward the purchase of a range of materials to implement the demonstration, including but not limited to: parklets, k-rails, planters, temporary bike-lane demarcations, and other pedestrian safety enhancements. ActiveSGV will confirm all purchases with SGVCOG staff beforehand to ensure eligibility.

Additionally, ActiveSGV will help the City implement a slow street de monstration by providing services related to planning, coordination, education & outreach, and demonstration evaluation. It is incumbent on the City and ActiveSGV to coordinate meetings to ensure the demonstration is completed in a timely manner. All funds must be spent, and the demonstration completed by November 15, 2023; no extensions will be granted.

For additional questions or information, please contact Sam Pedersen:
[email protected].

Congratulations,

Marisa Creter
Executive Director
San Gabriel Valley Council of Governments

ITEM NO. ______8_____

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: June 7, 2023
SUBJECT: Request for Additional Appropriation to Cover Expenditures Needed for Operations through the End of Fiscal Year 2022-2023

SUMMARY
The purpose of this staff report is to request authorization from the City Council for additional funding in the amount of $74,400 for Facility Maintenance Division budget to cover operating expenses for all City facilities for the remainder of FY 22-23.

RECOMMENDATION
Staff recommends that the City Council authorize the Finance Director to appropriate $74,400 from the General Funds and make necessary adjustment to the budget.

FISCAL IMPACT
There is a fiscal impact to the General Fund in the amount of $74,400 to cover the expenditures through June 30, 2023.

BACKGROUND
At their March 8, 2023, City Council Meeting, Finance Department provided a Midyear Budget presentation and end of the year expenditure projections. At that time, the division appeared it would have sufficient funds through FY 22-23. The Facility Maintenance Division conducts in-house repairs and contracts out repairs when staff are not able to perform. The division oversees all city facilities, parking structure, play structures and splash pads. The request for additional funds is to cover day-to- day operations, conduct maintenance repairs, and purchase materials & supplies. The division also procures janitorial supplies for all restrooms , locksmith services, plumb ing and electrical repairs .

Although staff has seen an inflex of unforeseen vandalism, thus rapidly depleting funds.

ALTERNATIVES
City Council may choose not to approve the request of additional funds.

LEGAL REVIEW
The proposed authorization does not require legal review.

ATTACHMENTS
None

STAFF REPORT
ITEM NO. _____9_____

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, City Manager
Ron Garcia, Director of Community Development
Imelda Delgado, Housing Manager
DATE: June 7, 2023
SUBJECT: Administrative and Legal Assistance for Tenants and Landlords in the City of Baldwin Park

SUMMARY
At the April 5, 2023 City Council meeting, Staff provided an update on the potential contractual partnership with the Coalition of Humane Immigrant Rights of Los Angeles (CHIRLA) to provide dedicated administrative and legal assistance to tenants, and in some cases to landlords, in addressing resolving disputes in the tenant -landlord relationship. Negotiations with CHIRLA were not successful and no agreement was reached.

RECOMMENDATION
It is recommended that the City Council direct staff to pursue a new strategy to provide the much needed Administrative and Legal Assistance to tenants and present it to the City Council for its consideration.

FISCAL IMPACT
Staff currently relies on public interest organizations like the Housing Rights Center, Legal Aid, CHIRLA, NLSLA, etc to refer tenants for assistance, at cost to the City. And we will continue to do so. However, the dedicated assistance that we are seeking would be at cost to the General Fund, in as much as the help would be exclusive to the City of Baldwin Park, ensuring that resources would be available to the tenants.

BACKGROUND
In October of 2021, the City retained the services of the Neighborhood Legal Services of Los Angeles County (NLSLA) to assist tenants and landlords in resolving disputes on the application of regulations under the COVID-19 Emergency Orders and other regular rent regulations. NLSLA partnered with other public interest organizations like LA Voice to reach out to the rental community more effectively.

The contract agreement with NLSLA was funded by a $50,000 public service grant by the Department of Housing and Urban Development (HUD)- CDBG Covid-19 allocation. NLSLA contract expired at the end of February 2023.

With rental protections under the Covid-19 Emergency Orders sunsetting at the end of March 2023, an explosive surge in demand for public interest organizations support in resolving tenant-landlord issues, it became ever more difficult for tenants to receive assistance, and for City staff to find any organization willing to provide dedicated assistance on a contract basis. CHIRLA offered the most promise and were

willing to discuss a contractual partnership.

While we were able to have a series of discussions with CHIRLA over video platforms, it was difficult to secure time availability for such discussions. And most recently, CHIRLA simply did not respond to our proposed draft agreement.

DISCUSSION
Having the capacity and a bility to provide assistance to tenants and landlords in ensuring that their contractual relationship is in compliance with state, county, and local regulations, is a priority for the City Council. For many tenants, a large portion of their income goes tow ard paying the rent, and any increase can often affect their ability to afford the rent. Similarly, landlords play a crucial role in providing available rental housing stock for the city’s tenant community. Ensuring that this rental relationship is conducted in conformance with the applicable regulations is where the City plays an important role.

The City’s Rent Stabilization Ordinance (RSO) applies to multi -family units built prior to January 1, 1995, and caps the annual rent increase at no more than 5%. This provision is often misinterpreted.

Ensuring that all tenants and landlords are aware of the RSO is paramount to mitigating disputes between tenants and landlords.

We anticipate it continuing to be difficult to secure dedicated services by anyone of the public interest organizations as the demand for their services is at an all -time high. One possible scenario that Staff may pursue would be to secure the outreach services of a local organization like the BP Promotoras - LA Voice to provide grass -roots level informational outreach to try to resolve disputes by simply providing the appropriate information. City staff would attempt to resolve other disputes if possible. If legal assistance is necessary and warranted, cases would be referred to the City A ttorney BBK.

Eitherway, staff will report back to the City Council with a recommendation.

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

ATTACHMENTS
None.

STAFF REPORT
ITEM NO. _____10_____

TO: Honorable Mayor and Members of the City Council
FROM:

PREPARED
BY:

Enrique C. Zaldivar, Chief Executive Officer
Sam Gutierrez, Director of Public Works
Marco A. Martinez, City Attorney
DATE: June 7, 2023
SUBJECT: Approval of Easement Exchange & Construction License Agreement with King Taco and Adoption of Resolution No. 2023-017 “A Resolution of the City Council of the City of Baldwin Park Granting a Parking and Trash Enclosure Access Easement to RM Investments (Ki ng Taco) and Authorizing the Acceptance of an Amendment to an existing Utility Easement to allow Public Access from RM Investments (King Taco)”

SUMMARY
Development of the Susan Rubio - Zocalo Park & Civic Center Plaza Project requires that certain improvements be constructed adjacent to and within property owned by adjacent property owners, including the property owned by King Taco (14318 Ramona Blvd). In order to facilitate these improvements, staff have been negotiating the terms of an agreement that would allow the City to perform the improvements needed for the Project and authorize certain easements needed to accommodate a revised parking configuration for the businesses adjacent to the Project. Approval of this agreement would authorize City contractors to perform these improvements and exchanges certain mutually beneficial easements between the City and King Taco. Approval of the Resolution would memorialize acceptance of the easement exchanged between the City and King Taco.

RECOMMENDATION
It is recommended that the City Council:

1. Approve the Draft Easement Exchange & Construction License Agreement between the City of Baldwin Park and King Taco, including the easement forms attached as exhibits, subject to any additional changes accepted by the Chief Executive Officer and City Attorney; and,

2. Adopt Resolution No. 2023- 017 “A Resolution of the City Council of the City of Baldwin Park Granting a Parking and Trash Enclosure Access Easement to RM Investments (King Taco) and Authorizing the Acceptance of an Amendment to an Existing Utility Easement to Allow Public Access from RM Investments (King Taco).”

FISCAL IMPACT
The improvements proposed in the Agreement are already a part of the construction budget for the Project and were approved as part of the approval of the construction contract. The easements being exchanged by the City and King Taco are at no cost.

BACKGROUND
As a component of SB 129, the City of Baldwin Park (CITY) was allocated $6,000,000 in park funding to develop the Susan Rubio - Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”). The plans and specifications, construction contract and Project design components were approved by the City Council on October 19, 2022.

The Project will be developed on City -owned land generally located in the area northwest of Baldwin Park City Hall at t he intersection of Pacific and Maine Ave (“Project Site”). A portion of the Project proposes to reconfigure an existing roadway and parking area that is partially owned by the City and partially owned by adjacent property owners and over which City and other utility providers maintain existing utility easements (“Roadway”).

DISCUSSION
A portion of that Roadway is owned by King Taco. Their portion is currently used to provide customer parking and drive access to the small parking lot on their property. While the City and other utility providers own easements for utility purposes over a portion of property owned by King Taco, the Project envisions using this portion for public access as well. To facilitate the development of the Project, staff have been discussing with the adjacent property owners, including King Taco, the need to authorize permission to perform the improvements needed for the Project (i.e. construction license). Most of the improvements simply require permission to access adjacent properties so that the construction contractor can more easily perform them. However, in the area adjacent to the King Taco property, more substantive improvements are needed and require the following:

1. Removal and re-striping of a parking spaces located within the small parking area of the King Taco Property; and,

2. Removal of the existing concrete block trash enclosure located on the King Taco Property; and,

3. Relocation of three (3) parking spaces located in the small parking area of the King Taco Property to a portion of City property in the Project; and,

4. The City will grant an easement for the perpetual use of the relocated parking spaces to King Taco; and,

5. Construction of a new concrete block trash enclosure and easement for its use on the City property to replace the concrete trash enclosure removed from the King Taco Property and an adjacent property.

To facilitate these improvements, King Taco has tentatively agreed to enter into a construction license agreement to allow city contractors to make these improvements and amend certain existing easements and create others, including the following:

1. Amend the existing utility easement on King Taco’s Property to expand its scope to include public roadway purposes and dedicate it to City to allow all properties abutting the Roadway to use it for access purposes; and,

2. Create a new easement benefitting King Taco to create three (3) new parking spaces on a portion of the City Project for King Taco’s exclusive use; and,

3. Create a new easement benefitting King Taco to allow them to use a new concrete block trash enclosure to be constructed on the City property in the Project.

An exhibit showing these improvements and easement exchanges is attached to this report.

It should be noted that the current Agreement is under review by King Taco. As a result, they may request minor changes to the terms. However, we do not expect the substantive provisions described in this report and in the Agreement to be revised.

The City’s construction contractor is almost ready to perform the improvements for the Project that are impacted by the King Taco discussions. To expedite the execution of the Agreement and the

construction required for the Project, staff is recommending that the CEO be authorized to approve the Agreement (and its exhibits), subject to any changes that may be requested by King Taco that are acceptable to the City Attorney. Of course, any significant changes to Agreement that significantly affect the deal points described in the current version of the Agreement will have to come back for review by the City Council.

Finally, the Los Angeles County Recorder also requires that cities accept all easements or grants by resolution to signify their full consent to recording of documents. For that reason, this action requires the approval of a resolution to grant the easements to King Taco and accept the expanded easement (utility purposes to roadway access purposes) from King Taco to the City.

ALTERNATIVES
The City Council can decide not to pursue the actions described in this report. If that is the case, it will also need to direct staff to revise the design for the Project to avoid use of the adjacent properties.

CEQA REVIEW
As part of the Project approval on October 19, 2022, the City Council determined that the Project was categorically exempt from the California Environmental Quality Act (CEQA) pursuant Class 32 (Section 15332, In-Fill Development) of the CEQA Guidelines, for meeting the five conditions set forth under section 15332, which include: the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations under sub section, the proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value, as habitat for endangered, rare of threatened species, and the approval of project will not result in any significant effects relating to traffic, noise, air quality, or water quality. These actions were contemplated as part of that approval.

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

ATTACHMENTS

1. Draft Easement Exchange & Construction License Agreement (with attachments);

2. Resolution No. 2023-017

65431.00101\41246397.1

1 CONSTRUCTION LICENSE & EASEMENT EXCHANGE AGREEMENT THIS CONSTRUCTION LICENSE & EASEMENT EXCHANGE AGREEMENT (“Agreement”) is entered into this ____ day of __________, 2023, by and between the CITY OF BALDWIN PARK, a California municipal corporation (“CITY”), and KING TACO INC. (collectively referred to as “OWNER”) CITY and OWNER are sometimes collectively referred to as “Parties” and individually referred to as “Party.” RECITALS A. As a component of SB 129, the City of Baldwin Park (CITY) was allocated $6,000,000 in park funding to develop the Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”). B. The Project will be developed on CITY-owned land generally located in the area northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave (“Project Site”). The Project Site is shown on the attached Exhibit “A” to this Agreement. C. A portion of the Project proposes to reconfigure an existing roadway and parking area that is partially owned by City and partially owned by adjacent property OWNERs and over which CITY and other utility providers maintain existing utility easements (“Roadway”). The Roadway and the Ownership/easement pattern for the Roadway is shown on the attached Exhibit “B” to this Agreement. D. OWNER is the fee OWNER of property adjacent to the Roadway and a portion of the Roadway (“OWNER’s Properties”). OWNER’s Properties are currently used to provide customer parking and drive access. OWNER’s Properties also contain an existing concrete block trash enclosure for OWNERs’ business. OWNER’s Properties are also encumbered by an existing utility easement benefitting CITY and other utility providers (“Utility Easement Area”). OWNER’s Properties are shown on the attached Exhibit “C.” E. OWNER’s business currently uses an additional concrete block trash enclosure located on land owned by an adjacent property OWNER to the west of OWNER’s property (“Adjacent Trash Enclosure”). F. As part of the development of the Project, CITY has proposed and OWNER has agreed to allow CITY to make certain improvements to OWNER’s Properties and other improvements benefitting OWNER as follows: 1. Removal and re-striping of a parking spaces located within the parking area of OWNER’s Properties; 2. Removal of the existing concrete block trash enclosure located on OWNER’s Properties; 3. Relocation of three (3) parking spaces located in the parking area of OWNER’s Properties to a portion of CITY-owned property; 4. CITY to grant an easement for the perpetual use of the relocated parking spaces; and 65431.00101\41246397.1

2 5. Construction of a new concrete block trash enclosure and easement for its use on the CITY property to replace the concrete trash enclosure removed from OWNER’s Properties and an adjacent property. 6. To facilitate these improvements, OWNER and CITY have agreed to amend certain existing easements and create others, including the following: a. Amend the existing utility easement on OWNER’s Properties to expand its scope to include public roadway purposes and dedicate it to CITY to allow all properties abutting the Roadway to use it for access purposes; and b. Create a new easement benefitting OWNER to create three (3) new parking spaces on a portion of the CITY property for OWNER’s exclusive use and that of OWNER’s business; and c. Create a new easement benefitting OWNER to allow OWNER’s and OWNER’s business’ exclusive use of a concrete block trash enclosure. A site plan showing all proposed improvements and easement changes/dedications are shown on the attached Exhibit “D” to this Agreement. G. [CEQA Description] NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the Parties hereby agree as follows: AGREEMENT 1. Amendment of Utility Easement. OWNER agrees to amend the existing utility easement in favor of CITY to convert it to an irrevocably dedicated public access and utility easement for use by CITY and members of the public (“Amended Easement:). The form of such Amended Easement to be recorded by OWNER is attached hereto as Exhibit "E." 2. Parking Space Easement. City agrees to grant OWNER an exclusive parking and access easement over a portion of CITY property to facilitate development of three (3) parking spaces for the exclusive use of OWNER and OWNER’s business, a portion of which are developed on the CITY property (“OWNER’s Parking Easement”). The form of such OWNER’s Parking Easement to be recorded by CITY is attached hereto as Exhibit “F” with the location of the OWNER’s Parking Easement shown on the attachments to Exhibit “F.” 3. Trash Enclosure Easement. City agrees to grant OWNER an exclusive easement for use of the proposed concrete block trash enclosure by OWNER and OWNER’s business. The trash enclosure will be constructed by CITY and located entirely on CITY property (“OWNER’s Trash Enclosure Easement”). The form of such OWNER’s Trash Enclosure Easement to be recorded is also shown on Exhibit "F" with the location of the OWNER’s Trash Enclosure Easement shown on the attachments to Exhibit “F.” 65431.00101\41246397.1

3 4. Status of Title & Priority. The easement interests to be conveyed pursuant to this Agreement will be subject to obtaining title insurance with respect thereto. CITY will be responsible for obtaining policies of title insurance, confirming that the rights under such easements will not be lost as a result of the foreclosure or other enforcement of any senior title exception affecting the CITY property or OWNER’s property. 5. Title Insurance Amounts. The amount of coverage will be as confirmed in writing by City to the Title Company. City will be solely responsible for all costs associated with the title. 6. Closing. OWNER and CITY may elect to close this transaction ("Closing" being defined as the recording of the Easements) through an escrow with a jointly approved Title Company ("Escrow Holder") or they may elect to close solely by coordinating the recording of the Easements with the Title Company. In either event, CITY will be solely responsible for all costs associated with any escrow and the cost of title coverage. The parties will use commercially reasonable efforts to cause the Closing to occur on or before the completion of the Project. 7. Construction of Trash Enclosure. City will construct a concrete block trash enclosure pursuant to the plans/designs attached hereto as Exhibit “G.” City will be solely responsible for all costs associated with construction of the trash enclosure. City will use commercially reasonable efforts to complete construction of the trash enclosure concurrent with the removal of the existing trash enclosure on OWNER’s property. OWNER acknowledges that they have been provided copies of Exhibit “G” are have approved them as being suitable for their purposes. 8. Condition of Easements. CITY and OWNER will accept the Easements in their "as is" condition, with all faults. CITY and OWNER have made no warranty or representation regarding the environmental status of the Easements, their physical characteristics and conditions or any other condition or circumstance affecting the fitness of such Easements for any particular use. 9. Investigations; Right of Entry. CITY and OWNER have conducted such investigations, inspections, surveys, plans, and tests of the Easement areas to determine the suitability of the Easement for their intended use and development. In connection with any further investigations that the CITY or OWNER deem necessary, CITY and OWNER shall have the right to enter upon each other’s property upon reasonable notice to the other. 10. Construction License. In order to expedite development of the Project, including the improvements to OWNER’s property and other improvements benefitting OWNER’s property and business that will occur on CITY property, concurrently with the execution of this Agreement, OWNER hereby grants to CITY a construction license in a form substantially the same as that shown on the attached Exhibit “H.” 11. Notices. Whenever it shall be necessary for either Party to serve notice on the other regarding this Agreement, such notice shall be served either in person, by certified mail, return receipt requested to the addresses below. OWNER: CITY: King Taco City of Baldwin Park 65431.00101\41246397.1

4 [ADDRESS] CA 96 Attn: Public Works Director With a Copy to: Best Best & Krieger, LLP Attn: Marco A. Martinez 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. 12. Legal Costs. In the event of any legal action between the CITY and OWNER arising out of the obligations of the Parties pursuant to this Agreement, the prevailing Party will be entitled to payment of its costs and expenses, including its attorneys’ fees. 13. Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument which shall be binding upon the Parties notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. 14. Further Assurances. Whenever requested to do so by the other Party, each Party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, release, powers of attorney, instruments of further assurance, approvals, consents, and any further instruments or documents that are necessary, expedient, or proper to complete anything contemplated by this Agreement. In addition, each Party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Agreement. 15. Modifications. All modifications to this Agreement must be in writing and signed by the Parties. 16. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. 17. Governing Law; Choice of Venue. This Agreement shall be governed and construed in accordance with California law. Venue shall be Los Angeles County. 18. Severability. If any provision of this Agreement becomes or is declared by a court to be illegal, unenforceable or void, that clause will be omitted and the remainder of the Agreement will continue in full force and effect. Such holding shall in no way affect the validity or enforceability of this Agreement. 65431.00101\41246397.1

5 19. Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes any prior or contemporaneous representations, understandings or agreements, whether written or oral. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized officers or representatives as of the date and year first above written. OWNER: KING TACO By:_________________________________ By:_________________________________ CITY: CITY OF BALDWIN PARK, a California municipal corporation By: __________________________________ Name: ________________________________ Its: __________________________________

EXHIBIT “A” [to be attached]

EXHIBIT “B”
65431.00101\41246397.1

EXHIBIT “G” FORM OF CONSTRUCTION LICENSE AGREEMENT TEMPORARY CONSTRUCTION ACCESS LICENSE AGREEMENT THIS TEMPORARY CONSTRUCTION ACCESS LICENSE AGREEMENT (the "Agreement"), is entered into as of ____________, 20__ (“Effective Date”), by and between KING TACO INC, a ___________company ("OWNER"), and the CITY OF BALDWIN PARK (“CITY”) a California municipal corporation ("CITY”). OWNER and CITY are sometimes referred to herein individually as a “Party” and collectively, as the “Parties”. RECITALS A. As a component of SB 129, the City of Baldwin Park (CITY) was allocated $6,000,000 in park funding to develop the Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”). B. The Project will be developed on CITY-owned land generally located in the area northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave (“Project Site”). The Project Site is shown on the attached Exhibit “A” to this Agreement. C. A portion of the Project proposes to reconfigure an existing roadway and parking area that is partially owned by City and partially owned by adjacent property OWNERs and over which CITY and other utility providers maintain existing utility easements (“Roadway”). The Roadway and the Ownership/easement pattern for the Roadway is shown on the attached Exhibit “B” to this Agreement. D. OWNER is the fee OWNER of property adjacent to the Roadway and a portion of the Roadway (“OWNER’s Properties”). OWNER’s Properties are currently used to provide customer parking and drive access. OWNER’s Properties also contain an existing concrete block trash enclosure for OWNERs’ business. OWNER’s Properties are also encumbered by an existing utility easement benefitting CITY and other utility providers (“Utility Easement Area”). OWNER’s Properties are shown on the attached Exhibit “C.” E. OWNER’s business currently uses an additional concrete block trash enclosure located on land owned by an adjacent property OWNER to the west of OWNER’s property (“Adjacent Trash Enclosure”). F. As part of the development of the Project, CITY has proposed and OWNER has agreed to allow CITY to make certain improvements to a portion of OWNER’s Properties as follows:
65431.00101\41246397.1

1. Removal and re-striping of a parking spaces located within the parking area of OWNER’s Properties; 2. Removal of the existing concrete block trash enclosure located on OWNER’s Properties; A site plan showing all proposed improvements to be performed on OWNER’s Properties and Scope of Work is shown on the attached Exhibit “D” to this Agreement (“Improvement Work”). G. In order to facilitate CITY’s construction obligations on OWNER’s Properties, OWNER and CITY desire to enter into this Agreement to allow CITY and its contractors access to OWNER’s Properties (the “Temporary Construction Access Area”) for the construction purposes described in this Agreement H. [CEQA Description] AGREEMENT NOW THEREFORE, in consideration of the Recitals incorporated herein, the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. GRANT; LIMITATION OF RIGHTS. (a) OWNER hereby grants to CITY a non-exclusive temporary construction license to undertake the following: (i) performance of the Improvement Work; (ii) ingress and egress over the Temporary Construction Access Area for the purpose of performing the Improvement Work; and (iii) the repair, replacement, of asphalt and concrete of the Temporary Construction Access Area. CITY hereby warrants and represents to OWNER that, except for the removal of the concrete block trash enclosure and removal of striped parking spaces, CITY shall return the OWNER’s Property (including without limitation, the Temporary Construction Access Area) to the condition as shown on the Plans (defined below) approved by OWNER for the Improvement Work. OWNER acknowledges that for purposes of this Agreement, CITY shall include CITY’s approved contractors. No work shall commence until CITY provides insurance certificates and acknowledgements from the contractors performing the Improvement Work as required under Section 8 of this Agreement. (b) All Improvement Work performed by CITY shall be in compliance with the tentative plans, specifications, and schedules applicable to the Improvement Work set forth in Exhibit “D”, attached hereto and incorporated herein. Final plans shall be subject to OWNER’s prior written approval, which shall not be unreasonably withheld. CITY shall be solely responsible for obtaining, at its sole cost and expense, all required federal, state, city, county, or other governmental and/or quasi-governmental approvals and permits including, without limitation, any approvals from any other authority having jurisdiction over the Temporary Construction Access Area, arising from the Improvement Work and any other activity by CITY on the Temporary 65431.00101\41246397.1

Construction Access Area. CITY shall promptly provide the OWNER copies of any and all permits obtained in connection with the Improvement Work or any other activity on the Temporary Construction Access Area. The OWNER expressly reserves the right to approve or disapprove of any obligations, duties or requirements with respect to the Temporary Construction Access Area that are not contained in the Plans and that are of a nature that will continue beyond the Term of this Agreement. Such approval or disapproval shall be in the OWNER’s sole and absolute discretion. (c) Any modifications or changes to the Plans shall be subject to OWNER’s prior written approval, in OWNER’s reasonable discretion. CITY shall submit to OWNER in writing the proposed modifications or changes to the Plans, and OWNER shall have five (5) business days from receipt of such proposed modifications or changes to the Plans to approve or disapprove of the same. Any disapproval of the proposed modifications or changes to the Plans shall describe the reasons for that disapproval with reasonable detail and shall describe changes which if made by CITY will result in OWNER’s approval. Failure of OWNER to respond in writing to CITY within the five (5) business day period shall be deemed OWNER’s approval of such changes or modifications to the Plans. (d) CITY acknowledges, understands and agrees that during the Term (as defined in Section 2 below), OWNER will continue to operate the King Taco business. CITY shall perform the Improvement Work and use the Temporary Construction Access Area in a manner that shall not impede or interfere with the OWNER’s use and enjoyment of the King Taco business. 2. CITY shall make all feasible efforts to blend the visual impacts of the Improvement Work with the area surrounding it. 3. TERM. The term of this Agreement (the “Term”) shall commence on the date that CITY, its employees, contractors or subcontractors begin physical disturbance on OWNER’s Property for the purpose of the Improvement Work (the “Commencement Date”) and shall automatically terminate upon completion of the Improvement Work and satisfaction by CITY of all requirements imposed by this Agreement unless sooner terminated (the “End Date”). Notwithstanding the foregoing, the End Date shall be extended on a day-for-day basis for the time period that construction activity is suspended an Excusable Delay as defined in this Section 3. For purposes hereof, “Excusable Delay” shall mean delays caused by any negligent act or omission by OWNER, of a separate consultant or contractor employed by the OWNER; or by industry-wide labor disputes (as opposed to labor disputes affecting this project only); fire; unavoidable casualties; unusually severe weather; refusal, failure, or inability of governmental authorities to act within a reasonable time in connection with any necessary approvals and permits for construction of the Improvement Work contemplated by this Agreement; or other causes beyond the reasonable control of CITY that could not have been foreseen and avoided or mitigated through CITY’s diligent efforts. 4. USE OF THE PREMISES. The Parties acknowledge and agree that CITY will have access to the Temporary Construction Access Area solely for the purposes of performing the Improvement Work. In this regard, CITY agrees that it will coordinate its use of the Temporary Construction Access Area with OWNER's designated representative (or another person designated by OWNER) available at email: ___________and phone number ( )-___-____, and except as allowed in this Agreement, will not disturb, damage or contaminate the Temporary Construction 65431.00101\41246397.1

Access Area or interfere in any manner with other activities on the Temporary Construction Access Area in ways inconsistent with the approved Plans for the Improvement Work. CITY shall not use any portion of the Temporary Construction Access Area for construction staging or parking, shall vacate the Temporary Construction Access Area at the end of each day, and shall leave the Temporary Construction Access Area in a neat and orderly condition free of refuse at the end of each day. 5. AS-IS. OWNER makes no representation or warranty, expressed or implied, as to the current or future physical, environmental, title, or legal condition of the Temporary Construction Access Area. The Temporary Construction Access Area is accepted strictly “AS IS” and entry upon the Temporary Construction Access Area by CITY hereunder is acknowledgement that they accept the risk of all dangerous places and defects in or around the Temporary Construction Access Area. CITY waives any and all claims against OWNER arising from, out of, or in connection with the Temporary Construction Access Area regarding the suitability of the physical condition of the Temporary Construction Access Area. Nothing in this Agreement shall create any OWNER liability to CITY as a result of the condition of the Golf Property. 5. CITY’S OBLIGATIONS. (a) CITY agrees to be fully financially responsible for any damage or injury to the Temporary Construction Access Area, and/or to any person or property which may arise in connection with this Agreement and/or the Improvement Work, to the extent directly or indirectly caused, in whole or in part, by CITY, except for OWNER’s gross negligence or willful misconduct. Any approvals granted by OWNER pursuant to this Agreement are expressly granted without any warranty, either express or implied, and OWNER shall incur no liability arising out of or relating to its approvals of the Plans for the Improvement Work contemplated by this Agreement. (b) For purposes of this Agreement, the term “Inspector” shall mean and include OWNER’s designated representative, ________ or another person designated by OWNER. (c) If Inspector identifies such a safety condition or risk, Inspector shall give immediate notice to CITY for correction by the responsible party. Simultaneous with such notice, Inspector shall make reasonable efforts to contact CITY’s on-site superintendent (the “Superintendent”) to request that such Superintendent promptly address such condition or risk. CITY shall have three (3) business days to address any matter unless there is an emergency. In the event CITY or the Superintendent fails to timely address any condition or risk, then OWNER, or Inspector as its agent, shall have the right to exercise its reasonable rights to cure such condition or risk. In the event of emergency or imminent damage, harm or loss to the OWNER’s Property, its personnel, vendors, guests and/or the general public, CITY, or the Superintendent as its agent and the OWNER, or the Inspector as its agent, shall each have the right to exercise its reasonable rights to cure such condition or risk. Except as provided herein, Inspector shall not give any other direction to CITY’s contractor or subcontractors at any time, nor shall Inspector interfere or stop CITY’s activities. The exercise of Inspector’s duties shall be done without any responsibility or liability for identifying potential or actual construction issues or defects, or issues with the Improvement Work. (d) Upon the expiration or earlier termination of this Agreement, CITY shall remove any and all equipment, materials, or any other property brought to the Temporary 65431.00101\41246397.1

Construction Access Area by or on behalf of CITY at CITY’s sole expense. CITY shall promptly restore any damage to the Temporary Construction Access Area caused by the removal of any equipment or property placed thereon by, or on behalf of, CITY. OWNER shall have the right, without notice to CITY, to dispose of any property left by CITY after CITY has completed the Improvement Work and vacated (or were required to vacate) the Temporary Construction Access Area and CITY shall indemnify OWNER Indemnified Parties (as hereinafter defined in Section 9) for the costs of such disposal. CITY shall thoroughly clean and make all necessary repairs and replacements, if any, to the Temporary Construction Access Area, and surrender the Temporary Construction Access Area to OWNER on or prior to the End Date in such condition as shown on the Plans approved by OWNER for the Improvement Work or as OWNER’s representative deems to be acceptable, in its reasonable discretion. In addition, CITY agrees not to conduct or cause to be conducted on the Temporary Construction Access Area any repair, maintenance and/or refueling of any vehicles or equipment including, without limitation, construction equipment. This section 5(c) shall survive the expiration of this Agreement. (d) CITY agrees to be responsible for the clean-up of any Environmental Contamination (as hereinafter defined) released by CITY or CITY Parties and/or aggravation of existing Environmental Contamination, which occurs as a result of, or arises in connection with any activities conducted by CITY or CITY Parties under this Agreement and to indemnify, defend (with legal counsel reasonably acceptable to OWNER) and hold OWNER Indemnified Parties harmless from and against any and all Claims (as hereinafter defined in Section 9) resulting from or arising directly or indirectly out of CITY's activities under this Agreement, excepting therefrom that portion of any such Claims resulting from the gross negligence or willful misconduct of OWNER, its employees, agents, contractors or representatives. CITY's obligation to observe and perform this covenant shall survive the expiration or other termination of this Agreement. “Environmental Contamination” means: (i) Contamination from all substances, wastes, pollutants, contaminates, and materials now or hereafter regulated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq., and the Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et seq.; (ii) Any additional hazardous substances or materials that are now or become defined as “hazardous substances,” “hazardous waste,” “toxic substances,” or “toxic waste” under any other federal law or any state, county, municipal, or other law applicable to the Golf Property or under any regulations promulgated under any such law; (iii) Petroleum and petroleum products, including crude oil and fractions thereof; and (iv) Natural gas, and any mixtures thereof. (e) CITY agrees that any and all costs incurred with regard to the Improvement Work, any claims of third parties for, without limitation, liens, penalties, personal injury, or property damage with respect to the Improvement Work and/or use of the Temporary Construction Access Area, and any restoration costs of the Temporary Construction Access Area following 65431.00101\41246397.1

completion of the Improvement Work, shall all be borne by CITY at CITY's sole cost and expense. CITY agrees to indemnify, defend (with legal counsel reasonably acceptable to OWNER) and hold OWNER Indemnified Parties harmless from and against any Claims arising directly or indirectly out of or incurred in connection with the Improvement Work or CITY’s use of the Temporary Construction Access Area, excluding that portion of any such Claims arising from OWNER’s gross negligence or willful misconduct. This section 5(e) shall survive the expiration of this Agreement. (f) CITY shall not cause, suffer or permit any mechanic's, materialman's or other liens to attach to or be recorded against the Golf Property in connection with work performed by CITY, its contractor or subcontractors. (g) In the event that CITY or CITY Parties breach any of the foregoing covenants regarding the Temporary Construction Access Area, and/or any facilities or other systems located on the Temporary Construction Access Area, CITY agrees to be responsible for all damages caused by such breach including, but not limited to, compensatory, consequential and incidental damages and attorneys' fees, court costs and expenses associated therewith. CITY acknowledges and agrees that consequential damages shall include any damages actually caused by CITY's or its subcontractor’s breach, regardless of whether such damages were foreseeable at the time that this Agreement was executed. 6. OWNER’S OBLIGATIONS. OWNER shall ensure that CITY and its contractor and subcontractors have access to the Temporary Construction Access Area during the Term in accordance with this Agreement. OWNER shall make all reasonable efforts to prevent its employees, agents, and guests from damaging the Improvement Work. If damage to the Improvement Work is conclusively caused by OWNER’s employees, agents, or guests and the cost to repair such damage is not covered by insurance held by CITY, OWNER shall repair such damage at OWNER’s sole cost and expense (the “OWNER Repair Work”). 7. INTENTIONALLY OMITTED. 8. INSURANCE and LICENSES. At all times during the Term, CITY and its contractor and subcontractors, shall carry and maintain, in full force and effect, at their sole cost and expense, the following insurance policies with insurance companies satisfactory to OWNER. Such policies shall include a provision requiring a minimum of thirty (30) days' notice to OWNER of any change or cancellation. OWNER shall be named as additional insured on the policies listed in Subsections 6(a) and (b) as its interests may appear. (a) Comprehensive general liability insurance in an occurrence format in an amount of $1,000,000 per occurrence $2,000,000 in the aggregate, including the following coverages: contractual liability, personal injury, broad form property damage, independent contractors and premises operations. (b) Business auto coverage form insurance on all vehicles used in connection with this Agreement and/or on the Temporary Construction Access Area, in an amount of $1,000,000 combined single limits for bodily injury and property damage, per occurrence. 65431.00101\41246397.1

(c) Workers' Compensation insurance in accordance with the provisions of the Workers' Compensation Act of the State of California for all of CITY's employees and any of CITY’s contractor's and subcontractor's employees engaged in connection with work performed under this Agreement. (d) CITY agrees to provide OWNER with certificates of insurance evidencing the policies listed above upon execution of this Agreement as a condition to commencing any of the activities contemplated by this Agreement. (e) CITY, its contractor and subcontractors, shall provide to OWNER copies of their current business license(s) and contractor's license(s) prior to commencement of any activities by them on the Temporary Construction Access Area and/or the Golf Property. 9. INDEMNITY. (a) CITY shall indemnify, defend (with legal counsel reasonably acceptable to OWNER) and hold harmless the OWNER, its subsidiaries and affiliates, their respective officers, directors, agents, management company, members, any other related parties and employees (collectively, “OWNER Indemnified Parties”) from any and all demands, claims, causes of action, damages, liabilities, liens, penalties, losses, costs, charges, penalties, obligations, judgments, fines and expenses (including, without limitation, attorneys' fees) of any kind whatsoever (collectively, “Claims”), in connection with, arising out of (directly or indirectly): (i) CITY’s performance of the Improvement Work, (ii) any and all work or actions by CITY related to the performance of the Improvement Work, (iii) any accident, injury to or death of a person, or damage, harm or loss to the Temporary Construction Access Area, and/or the Golf Property during or after the Term of this Agreement arising out of (directly or indirectly) CITY’s performance of the Improvement Work and/or any and all work or actions by CITY and/or CITY Parties related thereto, (iv) maintaining, operating, and repairing the Fence following its completion, and (v) nonperformance of CITY’s obligations under any and all of the permits and approvals described herein, excluding that portion of any Claims arising directly or indirectly from OWNER’s gross negligence or willful misconduct. The terms and conditions of this Section 9 shall survive the expiration or termination of this Agreement. (b) OWNER shall indemnify, defend (with legal counsel reasonably acceptable to CITY) and hold harmless CITY, its subsidiaries and affiliates, their respective officers, directors, agents, management company, any other related parties and employees from any and all Claims in connection with, arising out of (directly or indirectly) or by reason of, any (i) breach, violation or nonperformance by OWNER, its agents, servants, employees, contractors, subcontractors or invitees, of any covenant or provisions of this Agreement or any law, ordinance, rule, regulation or order, by reason of any claim, demand or action by any adjacent property OWNER thereof or any other party arising out of (directly or indirectly) any and all work or actions by OWNER related to the performance of the OWNER Repair Work, and (ii) accident, injury to or death of a person, or damage, harm or loss to the Improvement Work during or after the Term of this Agreement arising out of (directly or indirectly) work or actions by OWNER and/or OWNER’s representatives related thereto, excluding (1) that portion of any Claims arising directly or indirectly from CITY’s and/or CITY Parties’ gross negligence or willful misconduct and (2) Claims arising out of work or actions 65431.00101\41246397.1

by OWNER and/or OWNER’s representatives conducted in response to CITY’s failure to perform its monitoring, maintenance, repair, replacement and reconstruction of the Improvement Work after notice from OWNER in accordance with this Agreement or the Easement Agreement. (c) In the event any portion of the Improvement Work is performed by a subcontractor, CITY warrants that all such subcontractors shall abide by all the terms and conditions of this Agreement, including, without limitation, furnishing the insurance coverages as required in Section 8. 10. DEFAULT/TERMINATION. In the event of any breach or default of this Agreement by CITY, OWNER shall give CITY written notice thereof and CITY shall have ten (10) business days from delivery of such notice in which to cure said breach or default. If CITY fails to cure said breach or default within such ten (10) business day period, or to commence and diligently prosecute the cure of said breach or default within such ten (10) business day period if the cure will reasonably take more than ten (10) business days to complete, then OWNER, in its sole discretion, may immediately terminate this Agreement and pursue any and all of its remedies available at law or in equity. 11. NOTICES. Any notice to be given to OWNER or CITY shall be in writing and shall be deemed to have been properly delivered when directed to such addressee as follows: with copies to: with copy to:

Any Party may change the address to which such communications are to be directed to it by giving a written notice to the other Party in the manner provided in this Section 11. Any notice given pursuant to this Section 11 shall be deemed to be delivered when addressed to the addressee as set forth therein and (i) at the time shown on the return receipt as the date of delivery when a written notice by mail is deposited in the mail (either by United States registered or certified mail, return receipt requested, postage prepaid), or (ii) delivered by Federal Express or a similar generally recognized overnight courier regularly providing proof of delivery, or (iii) at the time any other written notice is personally delivered to the recipient or (iv) actually transmitted by the person giving the notice via email, to the recipient. 12. ASSIGNMENT. Except as set forth herein, this Agreement may not be assigned by CITY without OWNER’s prior written consent, in its sole discretion, and any such attempted assignment without the consent of OWNER shall be null and void and of no force or effect. 13. COMPLIANCE WITH LAWS AND REGULATIONS. All entry or activity upon the Temporary Construction Access Area pursuant to this Agreement shall be in full compliance with all applicable laws and regulations of the federal, state and local governments. 14. MISCELLANEOUS. 65431.00101\41246397.1

(a) Except as herein otherwise provided, no amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the party or parties to be bound thereby. (b) The covenants, conditions and agreements contained in this Agreement shall bind and inure to the benefit of OWNER and CITY and their respective successors and assigns as permitted under this Agreement. (c) The Parties have executed this Agreement with the advice of independent counsel and this Agreement is the result of negotiations between the Parties. As such, this Agreement shall be deemed as drafted through a joint effort of the Parties and their counsel and, therefore, shall not be construed in favor of or against either of the Parties. (d) This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. (e) This Agreement contains the entire agreement and understanding between the Parties regarding the Improvement Work undertaken on OWNER’s Property and there are no terms, covenants or conditions which exist other than those contained herein. If any Party hereto shall bring any suit or action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and record against the other Party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. (g) This Agreement may be executed in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. (h) This Agreement shall not be recorded or otherwise made of record in any state or county. Recordation of this Agreement shall void and shall render it unenforceable in all respects, at the option of the party that did not cause it to be recorded. (i) The Parties hereto represent that the execution, delivery and performance of this Agreement have been authorized by all necessary action on the part of each Party and that the individual executing this Agreement has the authority and legal capacity to do so. The Parties have executed this Agreement on the dates indicated below to be effective on the date first above written. [SIGNATURES ON FOLLOWING PAGE] 65431.00101\41246397.1

"OWNER" "CITY"
65431.00101\41246397.1

EXHIBIT “A” DESCRIPTION OF TEMPORARY CONSTRUCTION ACCESS AREA & SCOPE OF IMPROVEMENTS

RESOLUTION NO. 2023-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BALDWIN PARK , CALIFORNIA, GRANTING A PARKING

AND TRASH ENCLOSURE ACCESS EASEMENT TO RM

INVESTMENTS (KING TACO) AND AUTHORIZING THE

ACCEPTANCE OF AN AMENDMENT TO AN EXISTING

UTILITY EASEMENT TO ALLOW PUBLIC ACCESS FROM

RM INVESTMENTS (KING TACO)

WHEREAS, as a component of SB 129, the City of Baldwin Park (CITY) was allocated $6,000,000 in park funding to develop the Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”); and
WHEREAS, On October 19, 2022, the Baldwin Park City Council approved the plans and specifica tions for the Project, including the design related to the Roadway, contingent on obtaining all required easements and construction licenses for its development.

WHEREAS, the Project will be developed on CITY -owned land generally located in the area north west of Baldwin Park City Hall at the intersection of Pacific and Maine Ave (“Project Site”); and
WHEREAS, a portion of the Project proposes to reconfigure an existing roadway and parking area that is partially owned by City and partially owned by adjacent property owner (KING TACO) and over which CITY and other utility providers maintain existing utility easements (“Roadway”); and
WHEREAS, in order to facilitate development of the Project, CITY and KING TACO have agreed to exchange certain easements, including the following:
a. Amend the existing utility easement on KING TACO ’s Properties to expand its scope to include public roadway purposes and dedicate it to CITY to allow all properties abutting the Roadway to use it for access purposes; and
b. Create a new easement benefitting KING TACO to create three (3) new parking spaces on a portion of the CITY property for KING TACO ’s exclusive use and that of KING TACO’s business; and
c. Create a new easement benefitting KING TACO to allow KING TACO ’s and KING T ACO’s business’ exclusive use of a concrete block trash enclosure.

Copies of the grant of easements are attached hereto as Exhibits “A” and “B;” and

WHEREAS, as part of the Project approval on October 19, 2022, the City Council determined that the Project was categorically exempt from the California Environmental Quality Act (CEQA) pursuant Class 32 (Section 15332, In -Fill Development) of the CEQA Guidelines, for meeting the five conditions set forth under section 15332, which include: the project is consis tent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations under sub section, the proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value, as habitat for endangered, rare of threatened species, and the approval of project will not result in any significant effects relating to traffic, noise, air quality, or water quality. These actions were contemplated as part of that approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

SECTION 2 . Easements. This Resolution is to certify that the interest in real property granted by CITY to KING TACO, as shown on the attached Exh ibit “A” is hereby confirmed; and the amended interest in real property granted by KING TACO to CITY, as shown on the attached Exhibit “B” is hereby accepted. The Grant s of Easement shall be in substantial form to those shown on Exhibit “A” and “B.” SECTION 3. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effe ct, and not be affected by such invalidity.

SECTION 4. Certification. The Mayor shall sign this Resolution and the City Clerk shall certify to the adoption thereof.

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023.

EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ , City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-017 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 7th day of June 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_________________________________

CHRISTOPHER SAENZ

CITY CLERK

EXHIBIT “A”
65431.00105\41346254.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Attention: CITY Clerk
No fee required for recording pursuant to
Government Code §27383
SPACE ABOVE FOR RECORDER’S USE ONLY

AMENDMENT TO GRANT OF UTILITY EASEMENT
This AMENDMENT TO GRANT OF UTILITY EASEMENT ("Amendment") is made this _____ day of __________, 2023 between the CITY OF BALDWIN PARK, a California municipal corporation ("CITY"), and RM INVESTMENTS (dba “KING TACO”).

CITY and KING TACO are sometimes collectively referred to herein individually as a “ Party” and collectively as " Parties." All references to CITY include its elected officials, officers, directors, employees, agents and volunteers. All references to KING TACO include its members, successors and assigns.

The Parties have executed this Amendment on the dates set forth below next to their respective signatures. This Amendment shall be effective as of the date it is signed by the authorized representatives of KING TACO and the CITY. ("Effective Date").

RECITALS
A. On March 29, 1976 the CITY was granted a ten (10’) foot wide easement for public utility purposes by a successor to KING TACO (“Utility Easement”). The Utility Easement was created in a deed reco rded in the Los Angeles County Recorder’s Office as Instrument No. 3412. A description of the Utility Easement is attached hereto as Exhibit “A: to this Amendment.

B. On October 19, 2022, the Baldwin Park City Council approved the plans and specifications for the Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”).

B. The Project will be developed on CITY-owned land generally located in the area northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave. A portion of the Project proposes to use a portion of the Utility Easement to provide access to KING TACO and other businesses adjacent to Project. As a result, it is necessary to amend the existing Utility Easement to allow public drive access for the benefit of all the businesses that are adjacent to Project.
65431.00105\41346254.1
H. The Parties therefore desire to amend the existing Utility Easement by dedicating it to CITY for public access purposes in addition to public utility purposes.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS

AND THE COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE TO AMEND THE UTILITY EASEMENT AS FOLLOWS:

TERMS

1. Amendment of Existing Utility Easement. KING TACO hereby agrees to amend the existing utility easement granted to CITY pursuant to a deed recorded in the Los Angeles County Recorder’s Office as Instrument No. 3412 to include a dedication of public access and utility purposes. The amended easement is described in the attached Exhibit “A.”

2. Utility Easement Agreement Remains in Effect. Except as specifically amended herein, the Utility Easement Agreement remains in full force and effect.

3. Authority. The persons executing this Amendment represent and warrant that they have the power to do so on behalf of their respective parties, and that their respective parties have the authority to enter into this Agreement.

EXECUTED on the date or dates set forth below.
[SIGNATURES ON FOLLOWING PAGE]
65431.00105\41346254.1

SIGNATURE PAGE TO

FIRST AMENDMENT TO GRANT OF UTILITY EASEMENT AGREEMENT

AND RELOCATION OF EASEMENT
CITY:

CITY OF BALDWIN PARK, a California
municipal corporation
By: _____________________________________
Name: __________________________________
Its: _____________________________________
KING TACO:

KING TACO INVESTORS CLUB, LLC,
a California Limited Liability Company
By: _____________________________________
Name: __________________________________
Its: _____________________________________
65431.00105\41346254.1
EXHIBIT "A"

LEGAL DESCRIPTION OF AMENDED EASEMENT
[Insert Legal Description]
EXHIBIT “B”
65431.00105\41346292.1

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: CITY Clerk No fee required for recording pursuant to Government Code §27383

SPACE ABOVE FOR RECORDER’S USE ONLY GRANT OF EXCLUSIVE PARKING EASEMENT AND TRASH ENCLOSURE ACCESS EASEMENT This GRANT OF EXCLUSIVE PARKING EASEMENT AND TRASH ENCLOSURE EASEMENT ("Easements") is made this _____ day of __________, 2023 between the CITY OF BALDWIN PARK, a California municipal corporation ("CITY"), and RM INVESTMENTS (dba “KING TACO”), a California limited liability company (“KING TACO”). CITY and KING TACO are sometimes collectively referred to herein individually as a “Party” and collectively as "Parties." All references to CITY include its elected officials, officers, directors, employees, agents and volunteers. All references to KING TACO include its members, successors and assigns. The Parties have executed these Easements on the dates set forth below next to their respective signatures. The Easements shall be effective as of the date it is signed by the authorized representatives of KING TACO and the CITY. ("Effective Date"). RECITALS A. On October 19, 2022, the Baldwin Park City Council approved the plans and specifications for the Zocalo Park & Civic Center Plaza, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, parking and driveway areas and water conservation features (“Project”). B. The Project will be developed on CITY-owned land generally located in the area northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave. C. KING TACO is the fee owner of property adjacent to the Project, including a portion of an existing Roadway over which CITY maintains an existing utility easement and a larger property containing the KING TACO business, parking area and a small trash enclosure. D. In addition to the existing small trash enclosure on the KING TACO property, KING TACO also uses an additional concrete block trash enclosure located on land owned by an adjacent property owner to the west of KING TACO’s property (“Adjacent Trash Enclosure”). 65431.00105\41346292.1
E. As part of the development of the Project, CITY has proposed and KING TACO has agreed to allow CITY to make certain improvements to KING TACO’s properties and other improvements benefitting KING TACO as follows:

1. Removal of three (3) parking spaces located in the parking area of the KING TACO property and their relocation to a portion of CITY-owned property;

2. Removal of the existing concrete block trash enclosure located on KING TACO’s property;
F. To facilitate these improvements, KING TACO and CITY have agreed to:

1. Create a new easement benefitting KING TACO to create three (3) new parking spaces on a portion of the CITY property for KING TACO’s exclusive use and that of KING TACO’s business; and

2. Create a new easement benefitting KING TACO to allow KING TACO’s and KING TACO’s business’ exclusive use of a concrete block trash enclosure.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND THE

COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

TERMS

1. Exclusive Parking Easement. CITY hereby grants to KING TACO an exclusive parking easement for the use of three (3) parking spaces for the benefit of KING TACO and KING TACO’s business on property shown on the attached Exhibit “A” and as legally described in Exhibit “B.”

2. Trash Enclosure Easement. CITY hereby grants to KING TACO an access easement for the non-exclusive use of a trash enclosure on property shown on the attached Exhibit “A” and as legally described in Exhibit “B.”

3. Authority. The persons executing these Easements represent and warrant that they have the power to do so on behalf of their respective parties, and that their respective parties have the authority to grant the Easements.

EXECUTED on the date or dates set forth below.
[SIGNATURES ON FOLLOWING PAGE]
65431.00105\41346292.1

SIGNATURE PAGE TO FIRST AMENDMENT TO UTILITY EASEMENT CITY: CITY OF BALDWIN PARK, a California municipal corporation By: _____________________________________ Name: __________________________________ Its: _____________________________________ KING TACO: RM INVESTMENTS dba as KING TACO a California __________ Company By: _____________________________________ Name: __________________________________ Its: _____________________________________ 65431.00105\41346292.1

EXHIBIT "A" SITE PLAN OF PARKING EASEMENT & TRASH ENCLOSURE EASEMENT 65431.00105\41346292.1

EXHIBIT "B" LEGAL DESCRIPTIONS [Insert Legal Description]

STAFF REPORT
ITEM NO. _____11_____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: June 7, 2023
SUBJECT: Adoption of Resolution No. 2023-016, “A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2023-24 Project List to be Funded by Senate Bill 1 (SB1) – the Road Repair and Accountability Act of 2017”

SUMMARY
Adoption of Resolution No. 2023-016 will incorporate a projects improvement list in conformance with Senate Bill 1 (SB 1) - The Roads Repair and Accountability Act of 2017 (RMRA) for FY 2023-24.

RECOMMENDATION
It is recommended that the City Council:
1) Adopt Resolution No. 2023- 016, “A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Fiscal Year 2023-24 Project List to be Funded by Senate Bill 1 (SB1) – the Road Repair and Accountability Act of 2017”; and
2) Authorize the Finance Director to appropriate projected FY 2023-24 SB1 funds in the amount of $1,781,266; and
3) Authorize the Director of Public Works to file necessary documentation to satisfy SB1 funding requirements and act as the signature authority.

FISCAL IMPACT
In order to receive an apportionment, the City is required to annually expend from its General Fund in the amount of $289,950 for street, road, and highway purposes per the maintenance of effort (MOE) requirement of the Streets and Highways Code.

The following is the projected funds for FY 2023-24:

Funding Source Amount
SB1 – Road Repair and Accountability Act Projected FY 2023-24 Funds $ 1,781,266 Total Funds $ 1,781,266

BACKGROUND
On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1, known as the Road Repair and Accountability Act of 2017. SB 1 was created to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets road system. Funding for the program is administered by the California Transportation Committee (CTC) and the State of California Controllers Office (SCO). SB1 emphasizes the importance of accountability and transparency in the delivery of transportation programs. Therefore, to be eligible for funding, cities and counties must annually provide basic project reporting to the CTC for projects anticipated to utilize RMRA funds. On December 6, 2017, the CTC adopted an initial report of cities and counties eligible to receive funds.

DISCUSSION
Current fund estimates indicate that the City of Baldwin Park will be eligible to receive approximately $1,781,266 in FY 2023-24. To be eligible to receive RMRA funding, the City must prepare and submit a project list annually to the CTC by July 1st of 2023. The City must also provide a public record which documents that the proposed projects have been adopted in the operating or capital budget.

To ensure that the City of Baldwin Park remains eligible to receive RMRA funds for FY 2023-24, Staff has identified two (2) projects to submit by the July 1, 2023, deadline. The projects for FY 2023- 24 funding have been identified as follows:
1) San Gabriel River Greenway and Neighborhood Connection. Work includes the greening of the San Gabriel River Commuter Bikeway project. The Bike path is approximately 2.3 miles of class 1 bicycle and pedestrian path starting on Ramona Blvd entry and continues along the San Gabriel River Wash and ending at the Baldwin Park Blvd exit. This project will supplement the construction of the asphalt bikeway trail, add landscaping and irrigation, fencing, rest areas and a gateway between the bike path and Walnut Creek Nature Park. The project will also include installation of monument signs at entry ways and along the trail including mile markers and pavement striping. Other improvements include street lighting along the bike trail. 2) Maine and Olive Traffic Signal and Street Improvements.

Work includes construction of
Traffic Signal s at Main Ave/Olive Ave. The segment of Maine Avenue at Olive Avenue will undergo a road diet from two through lanes to one through along Maine Ave. The construction will also include complete street elements, such as enhancements to existing crosswalks, bikeway striping, rain gardens in the parkway, and improvements to existing ADA ramps and concrete sidewalk, and bulb-outs. The work also includes paving improvements including 2” AC cold mill and overlay.
3) Supplement to Various Streets Improvement Project.

Work includes preparation of plans,
specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2020 Pavement Management Report. The Asphalt Concrete (AC) pavement work includes grind and overlay of existing AC sections, removal and replacement of curbs and/or gutters, sidewalks, curb ramps, and cross gutters. Other improvements include the installation of detectable warning surfaces, pruning tree roots and installing root barriers. Related work includes surveying, adjusting manhole covers and utility covers to finished grade, and traffic control. Street segments include Leorita from Bess to Dalewood Street, San Gabriel River Parkway from Cleo Street to Waco Street , Big Dalton from Merced Avenue to Garvey Avenue, and Root St from Puente Avenue to City limit.
4) City-Wide Traffic Signal Battery Backup System Phase 2 - Work includes the preparation of plans, specifications, and estimates for the installation of traffic signal battery backup systems (BBS) citywide. The proposed work for Phase 2 includes replacing the battery backup systems for the remaining intersections from the first phase. The relative work includes mobilization, traffic control, best management practices, and appurtenant work for a fully functioning BBS.

ALTERNATIVES

1. The City Council may choose not to approve Resolution No. 2023-016 and thereby relinquishing its allocation of RMRA funding. This action is not recommended as the City may risk losing an estimated $21.5 million over the next 10 years. This funding is needed to bring necessary and critical street and road improvements to the City’s road network.

2. Provide Staff with Alternative direction.

CEQA REVIEW
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 statutor ily 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.

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

ATTACHMENTS

1. Resolution No. 2023-016
RESOLUTION NO. 2023-016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA TO ADOPT THE FISCAL YEAR 2023-24 PROJECT LIST TO BE FUNDED BY SENATE BILL 1 (SB1) – THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1) , the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $1,781,266 in RMRA funding in Fiscal Year 2023-24 from SB 1; and

WHEREAS, this is the 7th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities (the project list); and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and

WHEREAS, the funding f rom SB 1 will help the City maintain and rehabilitate 4 streets/roads, add active transportation infrastructure including a new 2.5 mile bike trail throughout the City this year and , 2 intersections with traffic signal improvements and other similar projects into the future; and

WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and

Whereas, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transpor tation network; and

WHEREAS, modernizing the local street and road system provides well -paying construction jobs and boosts local economies; and

WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and

WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and

WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and

WHEREAS, the SB 1 project list and overall investment i n our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

The City Council of the City of Baldwin Park, California:

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

1. San Gabriel River Greenway and Neighborhood Connection. Work includes the greening of the San Gabriel River Commuter Bikeway project. The Bike path is approximately 2.3 miles of class 1 bicycle and pedestrian path starting on Ramona Blvd entry and continues along the San Gabriel River Wash and ending at the Baldwin Park Blvd exit. This project will supplement the construction of the asphalt bikeway trail, add landscaping and irrigation, fencing, rest areas and a gateway between the bike path and Walnut Creek Nature Park. The project will also include installati on of monument signs at entry ways and along the trail including mile markers and pavement striping. Other improvements include street lighting along the bike trail.

• The project is estimated to start construction in 3/24 and be completed by 7/24.
• The estimated project useful life is 25 years.

2. Maine and Olive Traffic Signal and Street Improvements. Work includes construction of Traffic Signals at Main Ave/Olive Ave. The segment of Maine Avenue at Olive Avenue will undergo a road diet from two through lanes to one through along Maine Ave. The construction will also include complete street elements, such as enhancements to existing crosswalks, bikeway striping, rain gardens in the parkway, and improvements to existing ADA ramps and concrete sidewalk, and bulb -outs. The work also includes paving improvements including 2” AC cold mill and overlay.

• The project is estimated to start construction in 10/23 and be completed by 2/24.
• The estimated project useful life is 25 years.

3. Supplement to Various Streets Improvement Project. Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2020 Pavement Management Report. The Asphalt Concrete (AC) pavement work includes grind and overlay of existing AC sections, removal and replacement of curbs and/or gutters, sidewalks, curb ramps, and cross gutters. Other improvements include the installation of detectable warning surf aces, pruning tree roots and installing root barriers. Related work includes surveying, adjusting manhole covers and utility covers to finished grade, and traffic control. Street segments include Leorita from Bess to Dalewood Street, San Gabriel River Park way from Cleo Street to Francisquito Avenue, Big Dalton from Merced Avenue to Garvey Avenue, and Root St from Puente Avenue to City limit.

• The project is estimated to start preconstruction in 8/23, Construction in 1/24 and be completed by 4/24.
• The estimated project useful life is over 25 years.

4. City-Wide Traffic Signal Battery Backup System Phase 2. Work includes the preparation of plans, specifications, and estimates for the installation of traffic signal battery backup systems (BBS) citywide. The proposed work for Phase 2 includes replacing the battery backup systems for the remaining intersections from the first phase. The relative work includes mobilization, traffic control, best management practices, and appurtenant work for a fully functioning BBS.

• The project is estimated to start preconstruction in 8/23, Construction in 10/24 and be completed by 1/24.
• The estimated project useful life is over 15 years.

Section 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

5. Various Streets Improvement Project . Work includes preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement management index as determined by the 2021 Pavement Management Repor t.

The improvements include reconstruction of portions of the street structural section including sub-surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections, construction of sidewalk and driveways, constru ction of accessible pedestrian ramps and major curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave.

• The project is estimated to start preconstruction in 8/23, Construction in 1/24 and be completed by 4/24.
• The estimated project useful life is 25 years.

PASSED, APPROVED, AND ADOPTED this 7st of June 2023.

_________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-016 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 7, 2023 and that the same was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________

CHRISTOPHER SAENZ

CITY CLERK

SB1 – Road Repair and Accountability Act
Fiscal Year 2023-2024 Project List
No Project Description Location Schedule Usefu
l Life
Section 2 – New Proposed Projects for FY23-24 Funding
1 San Gabriel River Greenway and Neighborhood
Connection. Work includes the greening of the San
Gabriel River Commuter Bikeway project. The Bike path
is approximately 2.3 miles of class 1 bicycle and
pedestrian path starting on Ramona Blvd entry and
continues along the San Gabriel River Wash and ending
at the Baldwin Park Blvd exit. This project will
supplement the construction of the asphalt bikeway trail, add landscaping and irrigation, fencing, rest areas and a gateway between the bike path and Walnut Creek
Nature Park. The project will also include installation of monument signs at entry ways and along the trail
including mile markers and pavement striping. Other
improvements include street lighting along the bike trail.

Along San
Gabriel
River
Wash from
Ramona
Blvd. to
Baldwin
Park Blvd.

Construction
March 2024
25 yrs.
2 Maine and Olive Traffic Signal and Street
Improvements. Work includes construction of Traffic
Signals at Main Ave/Olive Ave. The segment of Maine
Avenue at Olive Avenue will undergo a road diet from
two through lanes to one through along Maine Ave. The
construction will also include complete street elements, such as enhancements to existing crosswalks, bikeway
striping, rain gardens in the parkway, and improvements to existing ADA ramps and concrete sidewalk, and bulb-
outs. The work also includes paving improvements
including 2” AC cold mill and overlay.

Olive Ave/
Maine Ave
&
Olive Ave/
Phelan Ave
Construction
February
2024
25 yrs.
3 Supplement to Various Streets Improvement
Project. Work includes preparation of plans,
specifications and estimates for the maintenance and
rehabilitation of various streets throughout the city that were considered to have a low pavement management
index as determined by the 2020 Pavement
Management Repor t. The Asphalt Concrete (AC)
pavement work includes grind and overlay of existing AC sections, removal and replacement of curbs and/or
gutters, sidewalks, curb ramps, and cross gutters. Other improvements include the installation of detectable
warning surfaces, pruning tree roots and installing root barriers. Related work includes surveying, adjusting
manhole covers and utility covers to finished grade, and traffic control. Street segments include Leorita from Bess to Dalewood Street, San Gabriel River Park way from
Cleo Street to Francisquito Avenue, Big Dalton from
Various
Locations
Pre-
Construction
August
2023

Construction
January
2024

Merced Avenue to Garvey Avenue, and Root St from
Puente Avenue to City limit.
4 City-Wide Traffic Signal Battery Backup System
Phase 2. Work includes the preparation of plans,
specifications, and estimates for the installation of traffic signal battery backup systems (BBS) citywide. The
proposed work for Phase 2 includes replacing the battery backup systems for the remaining intersections from the first phase. The relative work includes mobilization,
traffic control, best management practices, and
appurtenant work for a fully functioning BBS.

Various
Locations
Construction
October
2023
15 years
Section 3 – Previously Proposed and Approved Projects for FY22-23 Funding 5 Various Streets Improvement Project. Work includes
preparation of plans, specifications and estimates for the maintenance and rehabilitation of various streets throughout the city that were considered to have a low pavement
management index as determined by the 2021 Pavement
Management Report . The improvements include
reconstruction of portions of the street structural section including sub-surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement
sections, construction of sidewalk and driveways,
construction of accessible pedestrian ramps and major
curb/gutter repairs. Street segments include: Maine Ave from Pacific Ave. to Francisquito Ave., Macdevitt St. from Puente to Ardilla Ave., Walnut St. from Olive St. to Los Angeles St., and Central Ave. from Downing Ave. to Stichman Ave.

Various
Locations
Pre-
Construction
August
2023

Construction
January
2024
25 years

STAFF REPORT
ITEM NO. _____12_____

TO: Honorable Mayor and Members of the City Council

FROM: Manuel Carrillo Jr., Director of Recreation & Community Services
DATE: June 7, 2023
SUBJECT: Award of Agreement to CivicPlus, LLC for Website Hosting, Redesign, and Maintenance Services

SUMMARY
The purpose of this staff report is for City Council to consider the award of Agreement to CivicPlus, LLC for professional services for the City’s website hosting, redesign, and maintenance services in the amount of $107,579.99.

RECOMMENDATION
It is recommended that the City Council;
1) Award the Agreement to CivicPlus, LLC for the Website Hosting, Redesign, and Maintenance Services; and
2) Authorize Chief Executive Officer to execute a five (5) year Agreement; and 3) Authorize the Director of Recreation & Community Services to execute any associated documents necessary for the Service Agreement; and

4) Authorize the Director of Finance to appropriate funding and make necessary changes to the budget.

FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. There is a set-aside funding from ARPA with $250,000 approved in the FY2022-23 Capital Improvement Project (CIP) budget (account # 275 -10- 764-58100-51006) with CIP#22-006 for w ebsite hosting, upgrades, and associated costs. The Agreement is a five (5) year term for a total of $107,579.99, below is the cost detail:

Description Cost
Initial Fee (Start-up and 1st Year Service)-FY2023-24 $43,099.99 2nd Year Service - FY 2024-25 $16,000.00
3rd Year Service - FY 2025-26 $16,000.00
4th Year Service - FY 2026-27 $16,000.00
5th Year Service (includes 3% increase) - FY 2027-28 $16,480.00 Agreement Total $107,579.99

The above is inclusive of the start-up and annual maintenance fees. The Agreement has no increase years one (1) through four (4) and a 3% adjustment at year five (5).

BACKGROUND
At their September 1, 2021, City Council Meeting, City Council approved FY 2021- 2022 CIP budget, which included a line item under Cost Center 710 for hosting the redesign of the City’s website and associated costs with the upgrade. Staff researched best practices pertaining to web design, and elements to create a Request for Proposals (RFP), representative of all City department desirable features. Members of the E -Team and Department appointed Liaisons participated and provided vital feedback to finalize the RFP. The City solicited proposals from qualified vendors for the development of a modern, and user -friendly website that will provide digital government servic es and community engagement as well as maintenance support services. A requirement of the new website hosting platform was to be compatible with the City’s existing software and registration programs. Another condition was for the new website to offer an interactive experience for user navigation, multiple language options, and mobile adaptable for an overall friendly and accessible experience. The new website requires to incorporate the ability for users to make online credit card payments using the city’s contracted vendor.

At their City Council Meeting on November 16, 2023, the City Council approved staff’s recommendation to reject all bids received from the RFP approved on July 6, 2022 and reissued a modified RFP. The reissued RFP accepted open source or closed-source proprietary Content Management System based on staff’s recommendation.

December 2023 the Committee received 13 proposals from various vendors for website hosting, redesign, and maintenance support services. In preparation for the vendor selection, staff researched best practices and lessons learned to implement as part of the selection process. A proposal review committee consisting of the City’s IT division, along with representatives from all City departments reviewed and evaluated the proposals based on vendors qualifications, design approach and municipal experience. Following an initial review of the submitted proposals, the committee invited the top three (3) vendors to participate in virtual interviews. The following bids were received:

Vendor Start-up Cost Annual Cost Sub-Total 5 Year Total CivicPlus, LLC $43,099.99 $16,000.00
(5th Year 3% increase)
$59,100.00 $107,579.99
JMD- Justin Mabee
Design
$205,000.00 Incomplete Incomplete Incomplete
Metroit Media $58,850.00 $5,950.00 $64,800.00 $88,600.00 Jesse James
Creative
$66,500.00 $7,800.00 $74,300.00 $105,500.00
Catalis $16,285.00
(Additional fees for migration)
$6,995.00 Incomplete Incomplete
Exemplifi $69,600.00 $36,000.00 $105,600.00 $249,600.00 Tech Brains $88,000.00 $105,000.00 $193,000.00 $633,000.00 Revize $82,900.00 $12,700.00 $95,600.00 $146,400.00
Muniweb $25,670.00 $5,820.00 $31,490.00 $54,770.00
Granicus $82,000.00 $51,799.00 $137,999.00 $312,212.00
AAIT Pro $221,600.00 $19,200.00 $240,800.00 $298,400.00 Tech Nerds $40,000.00 $9,600.00 $49,600.00 $88,000.00

VND $75,720.00 $19,104.00 $94,824.00 $171,240.00

The committee recognized CivicPlus, LLC as the most qualified vendor based on the following qualifications:

• Website functionality, for both public accessibility, city staff updates/maintenance and ease of use by all parties; and
• Availability of customer support and training; and
• Extensive experience 20+ years of designing municipal government websites; and • Competitiveness of total proposed cost.

Upon selecting CivicPlus, LLC as the most qualified vendor, staff entered into negotiations with the vendor to successfully reduce the original proposal of year one (1)/ start -up cost by over $6,500; as well as eliminate the annual increase of 5% increase charges(Consumer Price Index), and ensure the contract was inclusive of services for the new city-wide website as well as the Police Department Page with retention of its dedicated URL address. Through the negotiations the Chatbot add-on feature was included at no additional cost. The committee is confident that CivicPlus, LLC will provide a dynamic, individualized state-of-the-art website with improved functionality, and a user -friendly experience f or both residents and staff. One of the most notable features is the updated functionality that assists our residents to experience a fully accessible and compliant website for all abilities. AudioEye is a tool that offers the ability for users to customize our website experience to their individual needs. Regardless of the device the AudioEye feature will allow a visitor to listen to content read aloud or command the browser using voice controls. The feature will also allow for compliance monitoring and self -initiate necessary updates as available. Key features include:

• Alert Center – Post emergency or important information on your website and notify residents via email and SMS.
• Blog – Post opinions/information about various community topics and allow resident comments and subscriptions.
• Calendar – Create multiple calendars and events to inform residents of upcoming activities that are viewable by list, week, or month.
• Citizen Request Tracker (CRT) – Allow users to report a problem and provide follow-up communication with the point of contact (includes five user licenses & 10 request types). • Community Voice – Interact with residents about projects in your community. • My Dashboard – Allow users to personalize their dashboard to stay updated on news, events, and information they care about.
• News Flash – Post organizational news items that are important to your residents. • Notify Me® – Send out SMS messages and mass emails to list subscribers (includes up to 500 SMS users).
• Splash Screen – A pop-up window that easily communicates critical local news, information, and alerts to your residents the moment they arrive on specified pages of your website. • Translation – Integration with Google Translate translates web pages into over 100 languages.

The proposed website will also have improved security. CivicPlus, LLC will protect and host our City’s website, and provides vigilant monitoring to prevent security breaches of our data and website. This

includes 24-hour, seven (7) day a week monitoring and support by live agents from CivicPlus, LLC.

An additional benefit of utilizing the selected proposed vendor will be the inclusion of the Police department website under one (1) site. The Police department has been working with CivicPlus, LLC for over four (4) years and has enjoyed a positive experience with service, and support from the vendor.

The inclusion of the page will be an additional annual savings to the city in the amount of $3,858, as there will be no separate charge for hosting the existing page.

Pending City Council approval of the proposed agreement, the process to redesign the City website is anticipated to take approximately six (6) to eight (8) months to complete. The current City website will remain fully operational throughout the redesign process. As part of the redesign, staff will hire a professional photographer to capture professional breathtaking images of the upcoming events to be included as part of the website redesign. Following the launch of the redesigned website, CivicPlus, LLC will provide ongoing maintenance and support services through the proposed five (5) year agreement. In addition, the proposal includes a website redesign at the fourth year of the agreement, to help keep up with new trends.

ALTERNATIVES
The alternative is not to approve the service agreement.

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

ATTACHMENTS

1. Service Agreement with CivicPlus, LLC

2. Original Proposal

3. Negotiated Proposal

4. Presentation

-1-

CITY OF BALDWIN PARK

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ 1st ___ day of _ July__, 2023, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 E. Pacific Ave, Baldwin Park , California 91706 ("City") and CivicPlus, LLC, with its principal place of business at 302 S. 4 th Street Suite 500, Manhattan, KS 66502 ("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 responsibili ty for the provis ion of certain services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional website resdesign, hosting and site maintenance support, 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 software services for the City website redesign, hosting and maintenance support services ("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 adequa tely supply the professional website design, hosting and maintenance consulting services 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 incorporated 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.”]

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 for a five- (5) year term subject to earlier termination pursuant to the termination provisions set forth herein. The parties may extend the termination date of this Agreement by mutual written consent. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

-2-

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subje ct to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any addition al personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connecti on 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 withh olding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set fo rth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. 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 b e entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows:

-3-

3.2.5 City's Rep resentative. The City hereby designates , Manuel Carrillo Jr., Director of Recreation and Community Services, or his/her 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 Work or change the total compensation due to Consultant unde r this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work 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 Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Jon Larson, Project Manager or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). 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 Service s under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff 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. Consultan t 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. Fi nally, 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.

As provided for in the indemnification provisions 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 determined 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 City, 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 sep arately 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 Project Milestones developed pursuant to provisions of this Agreement, it is

-4-

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 fede ral 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 regulat ions in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies 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 duri ng the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee

-5-

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 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.

3.2.10.5 Air Quality . To the extent applicable, Consultant 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). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. 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 sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out i ts 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. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully r equired to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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.

-6-

(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 00 01, 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 an other (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 00 01 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. (C) Workers' Com pensation: 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. (D) Professional Liability (Errors & Omissions): Profes sional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

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 t his 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.

-7-

(C) Professional Liability (Errors & Omissions): (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) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) 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 approv ed 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 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 include 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 to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written n otice 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.

-8-

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. (D) Neither the City nor any of its officials, of ficers, employees, 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, ex cept 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 s hall 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 i n connection 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

-9-

insureds under the Consultant's policies, or the Con sultant 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 to 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 r eceived 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.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. 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 the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Poll ution 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.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence,

-10-

willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, 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 One Hundred Seven Thousand, Five Hundred Seventy-Nine Dollars and 99 Cents ($107,579.99) without written approval of 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.

3.3.2 Payment of Compensation. Consultant shall submit to City a n invoice for 30% of Initial year and 70% invoiced 6 months from signature date or completion of implementation, if earlier. 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 thereon. If the City dispute s 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.

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 auth orization 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 each year 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

-11-

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 execut e the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project 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 Con sultant 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 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 proj ect 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 Department of Industrial Relations against Consultant or any sub consultant 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 o r liability arising out of stop orders issued by the Department of Industrial Relations 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 th e 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.

-12-

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 entitled 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.

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 ad dress, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: CivicPlus, LLC
302 S. 4th Street
Manhattan, KS 66502
ATTN: Legal Department
City: City of Baldwin Park
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706
ATTN: Manuel Carrillo Jr., Director of Recreation and
Community Services
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 Pr operty. 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

-13-

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 o f 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 r esolution of the dispute. In addition, Consultant 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 du plication 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 & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to l icense 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 use 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 the 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 Do cuments & 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, volunteers 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, pl ans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in

-14-

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 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 [Reserved]

3.6.6 Indemnification.

3.6.6.1 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 cl aims, demands, causes of action, costs, expenses, liability, loss, damage 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, subconsultants 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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.6.2 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

-15-

misconduct of the Consultant, and, upon Consultant obtain ing 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.

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

3.6.8 Governing Law; Government Code Claim Complianc e. 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. prior 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.

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 or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparatio n 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.

-16-

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of th e 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 Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, 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. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or emp loyee 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 individuals 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.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly st ated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

[SIGNATURES ON NEXT PAGE]

-17-

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AN D

BETWEEN THE CITY OF BALDWIN PARK AND
CIVICPLUS, LLC.

CITY OF BALDWIN PARK CivicPlus, LLC

By: ____________________________ By: ______________________________ Enrique C. Zaldivar, P.E. Amy Vikander
Chief Executive Officer Sr VP Customer Success

Attest:

City Clerk

Approved as to Form:

______________________________
Marco A. Martinez
Best Best & Krieger LLP
City Attorney

Exhibit “A-I-1”

EXHIBIT "A"

SCOPE OF SERVICES

CivicPlus Scope of Services
6 Main phases including:
• Initiate
• Analyze
• Design and Configure
• Optimize
• Educate
• Launch
To hit each of these milestones, we’ll use the following scope of work as a template for predictable success.

Introduction:
a) Kickoff Meeting introducing your CivicPlus resources. b) Work with your Project Manager to provide an overview of the current website, including its strengths, weaknesses, and areas for improvement.
c) Define the goals and objectives of the website redesign project (Governance Plan). d) Specify the desired outcomes, such as improved user experience, enhanced accessibility, and increased community engagement.

Discovery and Research:
a) We will conduct a thorough analysis of the current website, including content, structure, and functionality.
b) Analyze analytics data to understand user behavior, popular content, and areas of improvement.
c) Review industry best practices and standards for local government websites.

Design and User Experience (UX):
a) Develop a modern and visually appealing website design that aligns with Baldwin Park's branding and identity.
b) Create intuitive and user-friendly navigation menus and site structure to enhance user experience.
c) Optimize the website layout for various devices and screen sizes, ensuring responsive design.
d) Incorporate accessibility features to comply with relevant accessibility guidelines, such as ADA and WCAG 2.1.

Content Management System (CMS):
a) Implement CivicPlus as the CMS platform for the website, ensuring seamless integration and functionality throughout pages.
b) Migrate existing content to the new CMS, ensuring accuracy, accessibility and consistency.
c) Help you develop a content management strategy to facilitate easy updates, additions, and removal of content.

Exhibit “A-I-2”

d) Provide training and documentation to the website administrators on using the CMS effectively.

Feature and Functionality Enhancements:
a) Roll out an intuitive and robust search functionality to enable users to find information easily.
b) Integrate online forms and interactive features for various purposes, such as service requests, event registration, and feedback submission.
c) Implement social media integration to facilitate community engagement and information sharing.
d) Incorporate multimedia elements, such as images, videos, and departmental design, to enhance the website's visual appeal and information delivery.

Security and Privacy:
a) Ensure that the website design and infrastructure adhere to industry-standard security protocols to protect user data.
b) Implement SSL certification to secure the website's communication and transactions. c) Incorporate necessary privacy policies and consent mechanisms to comply with data protection regulations.

Performance Optimization:
a) Optimize the website for fast loading speeds and smooth performance across different devices and internet connections.
b) Conduct performance testing to identify and address any bottlenecks or issues that may impact the user experience.
c) Implement caching mechanisms, image optimization, and code minification techniques to enhance website speed.

Training and Support:
a) Provide comprehensive training to website administrators and content editors on using the CMS and managing the website effectively.
b) Offer ongoing and unlimited technical support to address any issues, bugs, or questions that may arise post-launch.
c) Make available user documentation and resources for future reference and troubleshooting.

Evaluation and Maintenance:
a) Define key performance indicators (KPIs) and implement analytics to measure the success of the website redesign project.
b) Introduction to Client Success Manager as your single point of contact for support along with all self-serve avenues
c) Establish a maintenance plan to ensure the website remains up-to-date, secure

Exhibit “A-I-3”

QTY PRODUCT NAME DESCPRICPTION PRODUCT TYPE

2.00 Ultimate Department Header Package -
CivicEngage

Page specific Site ID, Navigation,
Banner, Graphic Links, Colors,
Design Styles; follows main site
layout.

2.00 Ultimate Department Header
Annual Fee - CivicEngage
Ultimate Department Header Annual
Fee: 'Department Name'
Renewable

2.00 Ultimate Department Header
Implementation - CivicEngage
Ultimate Department Header
Implementation
One-time

1.00 AudioEye Managed AudioEye Managed: (URL) Renewable

1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable

1.00 Hosting & Security Annual Fee-
CivicEngage Central
Hosting & Security Annual Fee-
CivicEngage Central
Renewable

1.00 SSL Management – CP Provided
Only

SSL Management – CP Provided
Only 1 per domain (Annually
Renews)
Renewable

1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup
(http://URL)

1.00 DNS and Domain Hosting Annual Fee
(http://URL)
DNS and Domain Hosting Annual
Fee (http://URL)
Renewable

1.00 Ultimate Implementation -
CivicEngage Central
Ultimate Implementation -
CivicEngage Central
One-Time

1.00 48 Month Redesign Ultimate
Annual - CivicEngage Central

48 Month Redesign Ultimate
Annual - CivicEngage Central

Renewable
200.00 Content Development - 1 Page -
CivicEngage

Content Development - 1 Page -
CivicEngage

One-Time

6.00 System Training (4h, virtual) -
CivicEngage
System Training- Up to 4hr virtual) -
CivicEngage
One-Time

1.00 Agendas & Minutes Migration
- PDF - 100 Meetings -
CivicEngage
Content Migration: Agendas &
Minutes - Per 100
Meetings (Approx. 1 year)
One-Time

1.00 Alignment Virtual Consulting Up to 2 days virtual consult.

Recommended group 8 or
less.

One-Time

1.00 CivicPlus Chatbot Subscription Powered by AI technology, the Frase Answer Engine for Local
Government uses website content to
answer citizen
questions. This solution includes
dashboard analytics and
language translation.

Renewable

Exhibit “C”-1

EXHIBIT "B"

SCHEDULE OF SERVICES

(BB&K 2017)
65318.00352\32296842.2
Exhibit “D”-2

EXHIBIT "C"

COMPENSATION

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA

List Price - Year 1 Total
Total Investment - Initial Term
USD $43,099.99

Annual Recurring Services - Year Two (2) USD $16,000.00 Annual Recurring Services - Year Tree (3) USD $16,000.00 Annual Recurring Services - Year Four (4) USD $16,000.00 Initial Term & Renewal Date 12 Months

Initial Term Invoice Schedule 30% invoiced on signature date and 70% invoiced 6 months from signature date or
completion of implementation, if earlier?

Renewal Procedure Automatic 1 year renewal term, unless 60 days’ notice provided prior to renewal date.

Renewal Invoice Schedule Annually on date of signing

Annual Recurring Services - Year Five (5) $16,480 includes 3% increase Total $107,479.99

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US

Statement of Work
Quote #: Q-43156-1
Date: 5/23/2023 9:08 AM
Expires On: 8/21/2023

Client:

BALDWIN PARK, CALIFORNIA
Bill To:

BALDWIN PARK, CALIFORNIA

SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Solomon Grover x7852224856 [email protected] Net 30

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

2.00 Ultimate Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors, Design Styles; follows main site layout.

2.00 Ultimate Department Header
Annual Fee - CivicEngage
Ultimate Department Header Annual Fee: 'Department
Name'
Renewable

2.00 Ultimate Department Header
Implementation - CivicEngage
Ultimate Department Header Implementation One-time

1.00 AudioEye Managed AudioEye Managed: (URL) Renewable

1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable

1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central Renewable

1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
Renewable

1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (http://URL) One-time

1.00 DNS and Domain Hosting Annual
Fee (http://URL)
DNS and Domain Hosting Annual Fee (http://URL) Renewable

1.00 Ultimate Implementation -
CivicEngage Central
Ultimate Implementation - CivicEngage Central One-time

1.00 48 Month Redesign Ultimate
Annual - CivicEngage Central
48 Month Redesign Ultimate Annual - CivicEngage Central Renewable 200.00 Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage One-time

6.00 System Training (4h, virtual) -
CivicEngage
CivicEngage System Training - Virtual, Up to 4 Hours One-time V. PD 06.01.2015-0048

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

1.00 Agendas & Minutes Migration
- PDF - 100 Meetings -
CivicEngage
Content Migration : Agendas & Minutes - Per 100
Meetings (Approx. 1 year)
One-time

1.00 Alignment Virtual Consulting Up to 2 days virtual consult. Recommended group 8 or less.

One-time

1.00 CivicPlus Chatbot Subscription Powered by AI technology, the Frase Answer Engine for Local Government uses website content to answer citizen questions. This solution includes dashboard analytics and language translation.

Renewable
List Price - Year 1 Total USD 78,788.35
Total Investment - Initial Term USD 43,099.99
Annual Recurring Services - Year 2 USD 16,000.00

Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 30% invoiced on signature date and 70% invoiced 6 months from signature date or
completion of implementation, if earlier
Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Renewal Invoice Schedule Annually on date of signing
Annual Uplift 3% starting in Year 5
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

V. PD 06.01.2015-0048

Acceptance

The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

Authorized Client Signature

CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________

Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:

___________________________________

___________________________________
Mailing Address: (If different from above)

___________________________________

___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048

PAGE 100

WEBSITE REDESIGN, WEB HOSTING, & MAINTENANCE SUPPORT SERVICES Presented by | Solomon Grover, Account Executive
The City of Baldwin Park,
California

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888.228.2233 August 4, 2022
Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706
RE: Website Redesign, Web Hosting, & Maintenance Support Solution Dear Mr. Carrillo and Selection Committee:

Every interaction between a member of your community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better.

To do that, we build technology solutions to empower you and your staff to create digital interactions that are personalized, frictionless, and expedited.

With the CivicEngage Central (CivicEngage) content management system (CMS) Baldwin Park won’t simply be getting a website—you’ll also obtain the tools to build a trusted and long-term relationship between you and your residents. By partnering with CivicPlus, you’ll receive:
• Responsive design that is available to your residents from anywhere on any device • Comprehensive suite of modules and tools tailored to the functionality you need most • Guaranteed redesign after four years of service to keep your website fresh and innovative • Hands-on migration of existing content by our team of experts • 24/7/365 emergency support with secure hosting and maintenance Your new website will be developed on the most robust and flexible CMS available. CivicEngage is an easy-to- use suite of cloud-based tools built specifically for local government. You’ll be able to inform and empower your residents and staff in more efficient ways.

I welcome the opportunity to discuss our proposed solution for the City of Baldwin Park and answer any questions you may have about partnering with CivicPlus.

Sincerely,

SOLOMON GROVER
Account Executive
[email protected]
P: 785.222.4856 | M: 864.752.8897

Table of Contents
1 Executive Summary
3 CivicPlus Company
Profile
7 Experience
10 Project Team
13 Features & Functionality
22 Implementation
28 Continuing Services
32 Investment Proposal
35 Exceptions
PAGE 1

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Executive Summary

PAGE 2
Ex ECUTIVE S UMMAR y
Project Approach
Content
Management
System
• Streamline your processes and add self-service options to reduce calls and walk-ins with our easy-to-use CMS specifically designed for local government.
• Provide access to your website from any device, screen size, and orientation with a responsive and optimized design.
• Ensure your residents can access information with a website that is highly compliant with the accessibility standards outlined within Section 508 and WCAG Level A & AA at go live.

Implementation
• Rely on a dedicated team of industry experts as they guide you through implementation.
• Lean on your consultant as they evaluate your specific needs and make recommendations for solutions to meet your goals.
• Collaborate with your art director to develop a design that captures your community’s unique brand.
• Enhance your content for usability and accessibility with intuitive navigation as our Content Development Team performs a hands-on migration of content, documents, and images to your new website. • Participate in personalized education led by a CivicPlus trainer so you can confidently update your website long after launch.

Hosting,
Security, &
Support
• Maintain peace of mind with an enterprise-level hosting environment monitored 24/7/365 and backed by a guaranteed 99.9% uptime (excluding maintenance).
• Access your website from nearly any device with an internet connection with our cloud-based solution.
• Reach out to our award-winning, in-house Technical Support Team available via chat, phone, and email with your questions or access self- service tutorials and user guides on the CivicPlus Help Center 24/7/365. • Receive continuous system updates to keep your system running at the optimal capacity.
• Partner with your customer success manager who will help you use the tools and products CivicPlus offers to create an ongoing strategy to better engage your residents.

PAGE 3

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES CivicPlus Company
Profile

PAGE 4
CIVIC Pl US C OMPAN y PRO fI lE
At CivicPlus, we have one goal: to empower the public
sector to accomplish impactful initiatives using innovative solutions that save them time while connecting them to
the residents they serve. We began in 1998 when our
founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents
through their web environment. CivicPlus continues to
implement new technologies and services to maintain the highest standards of excellence and efficiency for our
clients, including solutions for website design and hosting, parks and recreation management, emergency and mass
communications, agenda and meeting management,
talent management, 311 and citizen relationship
management, codification, and licensing and permits.

Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure
hosting has been instrumental in making us a leader in
government web technology. We consider it a privilege
to partner with municipal leaders and provide them with solutions that will serve their needs today and well into the future.

Company Overview
Contact Information
Solomon Grover
Account Executive
[email protected]
P: 785.222.4856 | M: 864.752.8897
Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
11-time Inc.
5000 Honoree
govtech.com/100
Recognition
Recognized with
multiple, global
Stevie® Awards
for sales and
customer service
excellence
Technical Support
20+ Years
12,000+ Customers
900+ Employees
Experience
PAGE 5
Key Differentiators
We have the first and only Civic Experience
Platform. It enables local governments to
drive more revenue, operate more efficiently,
and generate positive recognition for the
many services they provide every day.

Civic Experience Platform
After your initial instruction in the system,
we offer continued training and resources
through the CivicPlus Help Center that helps
you and your staff remain fresh and up-to-
date with our system.

Training
CivicEngage’s Live Edit feature allows you
to view your webpages and see how the
information looks before publishing to your
public.
live Edit
We bring over 20 years of experience
helping our customers work better and
smarter through their web environment.

Experience
We’ve helped hundreds of customers
effectively organize their website taxonomy
and content structure. Your redesigned
website will provide your residents with an
intuitive, user-friendly architecture.

Navigation
Our development staff will stay by your side,
rolling out new features, new applications,
and new suggestions so you can better
serve your community.
future
CivicEngage users have their own network,
ENGAGEXCHANGE, to connect with other
government entities on the same platform to
share ideas, ask questions, and much more.

Community
Our process combines the creativity of our
in-house designers with proven functionality
to reach the perfect end result.

Design Process
PAGE 6
Subcontractors
All services required for a successful project are performed in-house so there is no need to subcontract any portion of the project. Your website will be designed, developed, implemented, and hosted by CivicPlus trained professionals. No aspect of the development or implementation of your project will be outsourced or subcontracted.

PAGE 7

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Experience

CONFIDENTIAL | PAGE 8
Ex PERIENCE
References
Napa, California
cityofnapa.org
JAINA fRENCH
Community Relations & Media Manager
E: [email protected]
P: 707.758.7843
Daly City, California
dalycity.org
TIffANy MOlOCK
Application Support Analyst
E: [email protected]
P: 650.746.8393
Dublin, California
dublin.ca.gov

SHARI JACKMAN
Communications Manager/Public
Information Office
E: [email protected]
P: 925.556.4555

PAGE 9
Ex PERIENCE
Ultimate Package Design Portfolio
The included design portfolio will provide you with an idea of the different directions we can take your creative design with the ultimate implementation package. Please note that not all parties listed have agreed to be contacted for reference.

Eugene, Oregon
eugene-or.gov
Billings, Montana
ci.billings.mt.us
Daytona Beach, Florida
codb.us
Anaheim, California
anaheim.net
Coronado, California
coronado.ca.us
Cleburne, Texas
cleburne.net
PAGE 10

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Project Team

PAGE 11

PROJECT T EAM
Your CivicEngage Team
From project management to design and development to training and support, a project team will assist you throughout the development process to ensure your project’s success and your complete satisfaction. Based on our years of experience administering projects, it has become our policy to assign individual team members at the project start. This way we can be sure they will be available to begin your project immediately and work directly with you throughout the entire process. As such, we do not provide names or resumes of team members during the RFP process. Rest assured that your project team, once assigned, will deliver the attention and effort you need and deserve to create a website that achieves your vision of success. • Project Manager – Provides communication,
establishes project plan, schedules project
resources, facilitates project tasks, ensures
requirements are met according to scope
• Consultant – Examines current state,
recommends solutions to challenges, provides
actionable steps for implementation
• Art Director – Establishes vision for website
design, collaborates with graphic design team
to create website design to meet your needs,
coordinates design application to functioning
website
• Web Content Specialist – Guides content
development process, ensuring application of
best practices for usability and accessibility
• Trainer – Educates your team to use the
CivicEngage CMS, demonstrates effective use
of tools and functionality
Baldwin Park’s
Project Team
Customer Success
Manager
(assigned at Go Live)
Technical Support
After Website
Go Live
Project Manager
Consultant
Art Director
Web Content
Specialist
Trainer
CONFIDENTIAL | PAGE 12

PROJECT T EAM
Team Leaders
Our expert project leaders will coordinate qualified specialists who will work directly with you throughout your project development and beyond.

MI ll ARD ROSE – VICE PRESIDENT/GENERA l MANAGER O f

CIVICENGAGE
Millard brings over 20 years of experience in the government software industry, with over 17 of those specifically working with government websites. He oversees the strategic direction and day-to-day management of our website design and hosting solution, which support thousands of customers of all sizes and government sectors.

ADAM B lOCK – SENIOR DIRECTOR O f PRO fESSIONA l SERVICES Adam oversees the teams responsible for creating your CivicEngage website to ensure you are satisfied with your end product and implementation experience. This includes our implementation team managers, project managers, art directors, web content specialists, and resource teams.

JEREM y WI lSON – SENIOR DIRECTOR Of CUSTOMER SUCCESS
Upon launch of your website to the public, Jeremy will assign a customer success manager to your account. Your dedicated customer success manager will partner with you to create an ongoing strategy to better engage your residents by utilizing the tools and products that CivicPlus has to offer.

JIM fly NN – DIRECTOR O f IN fORMATION SECURIT y
Jim has been with CivicPlus since 2009 and uses his over 20 years of IT and security data management experience to manage the security and hosting reliability for our thousands of customers. Jim has been at the forefront of cybersecurity strategy and leadership, protecting local governments from the continually evolving cyber threats that exist today.

PAGE 13

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Features & Functionality

PAGE 14
fEATURES & fUNCTIONA lIT y
CivicEngage CMS
The CivicEngage Central (CivicEngage) content
management system (CMS) is robust and flexible with all the features and functionality you need today and in the future. Developed for municipalities that need to update their website frequently, CivicPlus provides a powerful government content management structure and website
menu management system. The easy-to-use system
allows non-technical employees to efficiently update any portion of your website.

Each website begins with a unique design developed
to meet your specific communication and marketing goals, while showcasing the individuality of your community.

Features and capabilities are added and customized as necessary, and all content is organized in accordance with web usability standards.

Modules & Widgets
Resident Engagement
CivicEngage offers several effective and easy-to-use
resident engagement features. These tools easily
integrate with the other key features.
• Alert Center – Post emergency or important
information on your website and notify residents
via email and SMS
• Blog – Post opinions/information about various
community topics and allow resident comments
and subscriptions
• Calendar – Create multiple calendars and events
to inform residents of upcoming activities that are
viewable by list, week, or month
• Citizen Request Tracker (CRT) – Allow users
to report a problem and provide follow-up
communication with the point of contact (includes
five user licenses & 10 request types)
• Community Voice – Interact with residents about
projects in your community
• My Dashboard – Allow users to personalize their
dashboard to stay updated on news, events, and
information they care about
• News Flash – Post organizational news items that
are important to your residents
• Notify Me® – Send out SMS messages and mass
emails to list subscribers (includes up to 500 SMS
users)
• Splash Screen – A pop-up window that easily
communicates critical local news, information, and
alerts to your residents the moment they arrive on
specified pages of your website
“I’m confident that any service our residents
need can now be found in one to two clicks.”
— Lana Beck, Government Relations and
Communications Administrator for Pinellas Park,
Florida
PAGE 15
Document Management
CivicEngage comes fully-equipped with a robust set of
document management tools that work with other key
features of our CMS, making it easy to build dynamic
content that is easy for residents to navigate and
access.
• Agenda Center – Create and display agendas and
minutes for various civic organizations
• Archive Center – Store agendas, minutes,
newsletters, and other data-driven documents
• Document Center – Organize and house
documents in one central location
• Form Center – Create custom, online forms via
simple drag-and-drop functionality, receive
notifications via email, and track within the CMS
• Photo Gallery – Store and display photos
• Staff Directory – Share detailed contact
information for your staff and offices
Information & Navigation
Organize your content and pages to make it easy to
locate the information you and your residents need
most with modules that help you update information
quickly.
• Frequently Asked Questions (FAQs) – Answer the
most frequently asked questions to reduce phone
and foot traffic for staff
• Graphic Links – Place graphics on your website as
links to other pages
• Info Advanced – Display important information on
pages in a compact and easy-to-update module
that provides detailed formatting
• Quick Links – Place links to often-requested
information directly on the page of your choice
Department-Specific
There are several function-specific features and
modules for government departments. These tools
are integrated into the CivicEngage CMS and offer the
ability to complete multiple steps in one action.
• Activities – Create, organize, and track activities
• Facilities & Reservations – Showcase community
facilities and allow reservations online
• Job Postings – Post available jobs online and
accept online applications
• Bids – Post sortable and subscribable bids
Helpful Widgets
Widgets help your staff visually organize content on
your website and tailor the look to meet the page’s
needs. A few of the most helpful widgets are:
• Carousel Widget – Group and display widgets in
one location with arrow navigation functionality
• Custom HTML Widget – Embed videos or other
HTML features in your page
• Editor Widget – Edit text with word processing
tools, plus web tools like code view and the
Accessibility Checker
• Form Center Widget – Embed simple forms on a
page
• Image Widget – Add images to a page
• Related Documents Widget – Create a dynamic list
of documents referenced in the Document Center
• Share Widget – Add a share button to your page so
residents can share content to their social media
• Slideshow Widget – Add a slideshow of images

PAGE 16
Administrative Features
The administration of your CivicEngage website is browser based, with no installation of software needed. You’ll be able to update your website from an internet connection on any platform (Mac or PC). Administrators can control the access to pages and manipulation of content as well as use automated features to streamline processes. • Administrative Dashboard – A home base for
messages and quick access to your recent
activities and time-sensitive action items such as
pending approvals and expiring items
• Content Scheduling & Versioning – Set your
content to auto-publish and auto-expire, with
an archive of all published content and previous
versions
• Dynamic Breadcrumbs & Site Map – Breadcrumbs
(used to show a visitor’s location within the
website) and the site map are dynamically
generated and automatically update reflecting any
changes made
• Dynamic Page Components – Modules such as
Calendar, FAQs, and News Flash, may be included
as dynamic page components on any page
• History Log – Track changes made to your website
• Intranet – Use permissions to set a secure location
on your website that allows employees to login and
access non-public resources and information
• Levels of Permissions – Assign staff members
to groups with different levels of permissions of
access and authority throughout the CMS
• Pending Approval Items – Administrators have
access to a queue of pending items to be published
or reviewed
• Website Statistics – Provided website analytics for
analysis
User-Friendly Features
Not only is CivicEngage easy for your staff to use, various administrative features help make a more attractive,
engaging, and intuitive website for your community.
• Automatic Alt Tags – Built-in features allow
ongoing ADA compliance of your website
• Design Essentials® – Tools that allow your staff to
build, modify, and manage your website’s look within
the design and structure parameters of your website
• Link Redirects – Instead of sending your users to
http://civicplus.com/248/Awards-and-Recognition,
you can send them to http://civicplus.com/awards
• Live Edit – See where your information will be
posted on a page before you make any changes
with our WYSIWYG editor and drag-and-drop tools
• Maps – Easily embed maps from Google, ESRI, and
more using the HTML widget
• Mega Menu – A main navigation menu makes it
easy to get to any page on your website quickly
• Predictive Site Search – Our powerful site search
functionality automatically indexes all content making
it easy for visitors to find information across pages,
documents, and images

PAGE 17
• Site Search Log – All search words are kept in a log
• Printer Friendly – Separates critical content from
the website template to provide a clean print without
menu structure and banner information included
• Real Simple Syndication (RSS) Feeds – Allow
patrons to sign up to receive email notifications
• Responsive Design – With responsive design, your
website adjusts to the screen size regardless of
what device is being used, providing a seamless
user experience
• Social Media – Set various modules to automatically
post to your Facebook and/or Twitter feeds and
incorporate compatible social media feeds and
widgets into your website
• Supported Browsers – View your website in
the two most recent versions of major browsers
including Microsoft Edge, Firefox, Safari, and
Chrome
• Third-Party Access – Utilize iframes, embeds, and/
or links to most of your third-party services. Or use
our growing list of APIs as well as options from Zapier to build applications right from your website
• Translation – Integration with Google Translate
translates web pages into over 100 languages
Accessibility Compliance
With over 20% of adults in the United States having
a disability, you need a website that conforms to all
residents. We provide highly compliant sites based on
WCAG 2.0 A and AA guidelines, which encompass and
surpass ADA accessibility requirements. This maximizes
accessibility for all users while providing freedom
to create a visually rich and appealing website. Our
approach for each website includes the following steps
to provide you a compliant and accessible website:

• We will deliver you a website that meet ADA (Section
508) and WCAG 2.0 A and AA levels.
• Your staff can use the Accessibility Checker within
the CMS to scan content in the editor widget, News
Flash, and FAQs for any accessibility issues so you
can correct them before publishing.
• Our trainers will teach your staff best practices to
keep your content and design elements accessible
and up-to-date with the latest ADA/WCAG
standards.
• Any new regulations that require code changes
are done automatically, at least quarterly, with no
additional effort required from you.
• In addition to updating the code, our product team
also updates our best practices and provides regular
updates to customers via our CivicPlus website, blog
articles, webinars, and other publications.

AudioEye Partnership
CivicPlus also partners with AudioEye to provide a suite of accessibility tools and services at a discounted rate to our customers.
“It’s extremely easy for nontechnical
users to use, giving them confidence
early on. The modules are well-thought-
out for use by a government entity.

That’s extremely helpful – you wouldn’t
get that with an off-the-shelf, generic
CMS.”
— Angie Kilbourne, Web Content Specialist for
Irving, Texas
PAGE 18
Credit Card Processing
CivicPlus Pay (Pay) is our integrated, secure, PCI-
compliant, utility application. Local governments
can use Pay within many of our solutions to enable
seamless payment capabilities.

Pay acts as the connector to facilitate a transaction
between the CivicPlus solution and the selected
payment gateway. Pay offers integrations with several
common payment gateways to provide flexible
payment solutions. CivicPlus has partnered with
several integrated gateways to enhance the customer
experience through a streamlined relationship between
the CivicPlus solution and the gateway that processes
the payments.

If a partner payment gateway is utilized by Baldwin
Park, CivicPlus can assist with the facilitation, set-
up, support, and troubleshooting services. Pay can
also integrate with many other supported gateway
providers in addition to our partner network, on a more limited fashion, to assist you in developing a successful system. Additional details on our approved partner
network and other supported gateway providers is
available upon request.

To utilize any of the approved gateways, an agreement
will need to be executed directly between Baldwin Park
and the vendor, that will assess separate merchant
account and transaction fees. Additional information
can be provided upon request.

Because EMV and Card-Swipe devices are encrypted
specifically for individual payment gateways, you’ll
need to procure any required devices directly from your selected gateway provider for either purchase or rent.

We are happy to assist in your procurement of such
devices.

PAGE 19
AudioEye Managed
AudioEye offers a range of products and services from self-service to turnkey managed solutions. At the core of AudioEye, is the Digital Accessibility Platform (DAP), this powerful tool empowers auditors, designers, and developers to understand issues of accessibility and improve website infrastructure thorough the use of an innovative and easy-to-use interface. Conforming to Web Content Accessibility Guidelines (WCAG) 2.1 has never been easier.

AudioEye
• AudioEye Managed
• Proprietary automated testing suite
• Detect Section 508 and WCAG 2.1 Success Criteria
violations
• AudioEye engineers remediate accessibility issues
• Compliance monitoring
• Manual technical analysis and usability testing
• Support, training, and consulting from subject
matter experts
• AudioEye Toolbar with Web Personalization Tools
AudioEye Managed
• Provides complete digital accessibility compliance
auditing and resolution
• End-to-end digital accessibility compliance testing,
resolution, validation, and monitoring
• Combines subject matter experts with technology
—a team of engineers and manual testers to
ensure issues of accessibility are fixed and stay
fixed
AudioEye Toolbar
• Fully customizable user experience
• Tailored to individual needs regardless of device
type, language preference, or preferred method of
access
• Users can customize the visual display of the
website, listen to the content read aloud, and
command the browser using voice controls
Digital Accessibility Platform
• Software as a Services (SaaS), API-first technology
• Offers end-to-end compliance auditing
• Ability to spider, scan, and diagnose entire
websites, single blocks of code, and content
delivered via API
• Offers flexible resources for proper identification
and remediation of the detected issues
Project Enhancement

PAGE 20
The Civic Experience Platform
Developed specifically to enable municipalities to
deliver consistently positive interactions across every department and every service, the Civic Experience
Platform includes technology innovations that deliver
frictionless, one-stop, and personalized resident
interactions. Local governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus
products supporting two-factor authentication and
PCI Level password compatibility
• A single dashboard and toolbar for administrative
access to your CivicPlus software stack
• Access to a continually growing and fully
documented set of APIs to better connect your
administration’s processes and applications
• A centralized data store with robust data
automation and integration capabilities
CivicPlus Portal
The CivicPlus Portal is the ideal addition to your
website to create personalized, one-stop access for
your residents to obtain information, resources, and
interact with your municipality.

By allowing residents to build a customizable
dashboard with quick links to the pages and services
on your website that they use most frequently, they’ll
be more likely to conduct regular revenue-generating
business with your municipality, and your staff will
benefit from reduced phone calls, walk-ins, and emails.

Resident Benefits
• Anytime, anywhere access to digital resident
services
• One username and password or convenient
social sign-on to access and interact with all your
CivicPlus solutions
• A personalized dashboard that provides link cards
to the services they use most frequently
Administrator Benefits
• A low-maintenance tool that increases
accessibility, access, transparency, and trust with
residents
• Reduced phone calls, walk-ins, and emails from
residents searching for information
• Opportunities to increase revenue and foster civic
participation
Integration Hub
Integration Hub is a tool that can help you unify your
disparate cloud-based solutions and your CivicPlus
solutions, assemble powerful workflows, and setup
complex automations—without the need for a
developer.

With Integration Hub’s easy-to-use drag-and-drop
interface, non-technical users can build integrations for syncing content and data between CivicPlus solutions
or with third parties (for an additional fee) without the need for a developer.

The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create
with CivicEngage today:
• An integration that will take a News Flash update in
a specific category and immediately post it to the
Alert Center
• An integration that will push a new Calendar Event
to post directly in the News Flash module
The Integration Hub will reduce the amount of manual
work your staff needs to do in the course of their daily work. It saves valuable time by automating your most
time-consuming manual workflows.

PAGE 21
fEATURES & fUNCTIONA lIT y
CivicPlus has not included the Exhibit A - Functional
Requirements Table because there was no Exhibit A included in the RFP document.

Functional Requirements
PAGE 22

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Implementation Plan

PAGE 23
I MP lEMENTATION Pl AN
Ultimate Project Timeline
Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated training—CivicPlus delivers all of this and more during the development of your new website.

A typical ultimate project ranges from 18 – 32 weeks. Baldwin Park’s exact project timeline will be created based on detailed project scope, project enhancements purchased, availability for meeting coordination, action item return and completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be managed and available in real-time via our project management software, Cloud Coach.

Project Timeline
Initiate
TWO TO f OUR WEEKS
• Project Kickoff Meeting
• Planning & Scheduling
Analyze
fOUR TO SI x WEEKS
• Customer Deliverable Submission
• Consulting Engagement
• Design Discovery Meeting
• Content Process Meeting
• Mood Board & Layout Proposal
Design & Configure
EIGHT TO f OURTEEN WEEKS
• Design Concept Development
• Design Concept Meeting
• Content Development
• Agendas & Minutes Migration
• Website Completion
Optimize

ONE TO TWO WEEKS
• Website Finalization
Educate

ONE TO TWO WEEKS
• Training Engagement
Launch
TWO TO f OUR WEEKS
• Website Launch
1 PROJECT START
2 3
4 5
6 GO l IVE
PAGE 24
Communication & Management
Communication between you and your CivicEngage
team will be continuous throughout your project.

Sharing input and feedback through email, virtual
meetings, phone calls, and our project management
software will keep all stakeholders involved and
informed. Cloud Coach offers task management
transparency with a multi-level work breakdown
structure and Gantt Chart-based project plan.
• Centralized project communication and task
management tools are located in a cloud-based
project workspace
• Conversations are linked to files and tasks for easy
reference
• Tasks, deliverables, and milestones are aligned to
your specific scope of work
The tools available through Cloud Coach combined
with regular check-ins with your project manager
provide you ample opportunities to quickly and
efficiently review your project, check deliverables, and communicate feedback.

Align Consulting
Our consultants start with the philosophy that no
project can be successful unless all stakeholders
have a common definition of success. In this
consult, stakeholders discuss and establish goals
for implementing an enterprise software solution.

Stakeholders leave with an understanding of the
scope and resources required for implementation
and alignment on the strategic goals of the project.

The most successful implementations are those in
which all stakeholders—elected officials, department
representatives, project team, and residents
(optional)—take time to have the tough conversations
up front.

Objectives & Deliverables
With Align Consulting, your professional consultant will facilitate meaningful conversations with your team to:
• Outline the needs for all stakeholders and discuss
differing perspectives for the website project
• Establish collective goals for the project which
address needs from applicable departments,
external audiences, and staff
• Outline the scope of the project and review the
tasks, activities, roles and responsibilities required
to implement, launch and sustain an enterprise-
wide solution
Content Consulting
Without usable and accessible information, you will
simply have a pretty website that doesn’t help you
serve your constituents. Great content transforms your
website into a useful tool you can utilize to effectively communicate with your community and do business
with your constituents. During your Content Consulting
engagement, one of our expert web consultants will
help you perfect your website content to meet current
usability and accessibility standards. We can do the
heavy lifting—protecting your valuable time and
reducing the effort needed from your team to prepare
your website for launch.

With Content Consulting, we will work collaboratively
with you to:
• Establish and confirm goals for your new website
• Map the approval process to be used during your
website project
• Explain the content migration process
• Outline website architecture, global navigation,
graphic buttons, and other navigational elements
• Assess current content and create an action
plan to address value-added content, content to
remove, content gaps, best practices, and usability
and accessibility
Ultimate Implementation
PAGE 25
Custom Layout Design
You’ll meet with your art director to discuss your
website vision and build your custom layout from
scratch. We will then collaborate with you to create a
custom design that represents your community. We will
focus on including the functionality to meet your
website needs, including an option for up to three
advanced design components—layout or design
elements that require significant time to style and
implement. Working with your art director, you will
identify the appropriate components to achieve or
enhance the usability goals for your website.

Mood Board & layout Proposal
Your Project Team will present a custom mood board
reflecting the colors and imagery that will set the tone for your design. A mood board is a collection of colors and images used to align the visual direction of the
project.

This process involves conversing with your art director on the order, placement, and format of your homepage
content and design elements, aimed at achieving your
usability goals. Your preferences will be solidified into a homepage layout wireframe, which will provide the
structural blueprint for the visual design application.

Aligning project goals and design through the layout
proposal ensures a timely and efficient implementation
of your CivicEngage website.

Once approved, the mood board and layout proposal
will be used to guide the design concept for your
website.

Content Migration
Content Development
Our Content Development Team will migrate the agreed
upon number of pages of content (including their text,
documents, and images) from your current website
to your new website. Content will be enhanced for
usability and accessibility, and we will organize your
website pages to make them easy to navigate.

Agendas & Minutes Migration
The Content Development Team will download, upload,
and organize an agreed upon number of meetings to
the Agenda Center module.

Training
Our goal with your training plan is to give your staff the skills and tools they need to quickly and easily keep
your website current. Your trainer will deliver training sessions for both administrators and users. These
sessions will be customized to equip your staff with the knowledge and comfort level needed to prepare your
website for launch and maintain it in the future. The
training session will utilize your production website, so users are familiar with your specific configuration and you get real, hands-on learning opportunities.

In addition, your trainer will go into a deep-dive of
the department-specific software modules such as
Facilities and Activities with Parks and Recreation, Jobs with HR, and Bids with Procurement in your Advanced
User Training.

PAGE 26
Your Role
To help create the strongest possible website, we will need you to:
• Gather photos and logos that will be used in
the overall branding and design of your new
website
• Provide website statistics to be utilized in
reorganizing your website content, navigation,
and design (if available)
• Complete the Design Form to communicate
design preferences
• Provide technical information in the DNS form
for the set-up of your website domain name(s)
• Perform reviews and provide official approvals
throughout the project
• Update the content on your current website
and delete any pages you no longer need
• Track website updates to be completed during
your training session
• Ensure you have the most up-to-date web
browsers installed on your organization’s
computers
• Compile a list of your website users and
desired permission levels
• Reserve training location and necessary
resources (computers, conference phone, etc.)
Four Year Redesign
At CivicPlus, we understand trends change daily and we
continually analyze different ways to design our websites— making it easier and more user friendly for your residents to navigate. One of our best practices to help keep up with these new trends is by adding a four-year redesign to your project.

Unlike other vendors, our redesigns aren’t just changes in the colors or some of the buttons as your staff can do that independently. With a CivicPlus recurring redesign, you can receive a completely brand-new website design and layout after every four years of continuous service during our partnership. During the redesign, you’ll also receive a quality control review to ensure content is as expected with the new design application (although no changes will be made to the content itself). With this new design, you’ll stay up to date with current trends and best practices, providing a welcoming yet familiar virtual hub to engage your community.

PAGE 27
Ultimate Department Header Package
A Department Header Package is a cost-effective way for a department or division to informatively and graphically differentiate themselves from the look of the main website while leveraging consistent CMS administration. The Ultimate Department Header Package shares CMS login and modules with the main website. Further, it inherits the structural layout from the main website.

An Ultimate Department Header Package includes department specific:
• Site URL (if applicable)
• SSL Certificate / DNS & Hosting (if applicable)
• Site Identifier / Logo
• Global Navigation and Menus
• Banner Image(s) and/or Slideshow Image(s) (if
applicable)
• Graphic Links
• Widget Selection, Content, and Placement
• Custom Color Palette for the Department Header
homepage and interior pages
• Unique Design Styles
Examples of an Ultimate Department Header Package
The examples provided below are representative of attributes found in an Ultimate Department Header Package, but may not expressly reflect the design package of your main website.

Coppell, TX - Main Website
Library Department Header
Port Orange, FL - Main Website
Parks & Recreation Department Header
Project Enhancement
PAGE 28

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Ongoing Services

PAGE 29

ONGOING SERVICES
• Total Tickets – 103,759
• Average Chat Response – 3:48 Minutes
• Average Phone Response – 7:57 Minutes
• Customer Satisfaction Score – 95.7%
• Solved in One Touch – 71.2%
2021 Support Metrics
Technical Support & Services
Around-the-Clock Support
With technology, unlimited support is crucial. Our
live technical support engineers based in the United
States are ready to answer your staff members’
questions and ensure their confidence.

CivicPlus’ support team is available 7 a.m. – 7
p.m. CST to assist with any questions or concerns
regarding the technical functionality and usage of
your CivicEngage website.

CivicPlus Technical Support will provide a toll-free
number, online chat support, as well as an online
email support system for users to submit technical
issues or questions. If the customer support specialist is unable to assist with the question or issue, the
three-tier escalation process will begin to report
issues to our product engineering team for resolution.

Emergency technical support is available 24/7 for
designated, named points-of-contact, with members
of CivicPlus’ support teams available for urgent
requests.

The CivicPlus Help Center
CivicPlus customers have 24/7 access to our online
Help Center where users can review articles, user
guides, FAQs, and can get tips on best practices.

Our Help Center is continually monitored and
updated by our dedicated Knowledge Management
Team to ensure we are providing the information
and resources you need to optimize your solution.

In addition, the Help Center provides our release
notes to keep your staff informed of upcoming
enhancements and maintenance.

CivicPlus has been honored with one Gold
Stevie® Award, two Silver Stevie® Awards, and
four Bronze Stevie® Awards in the categories
of Front-Line Customer Service Team of
the Year – Technology Industries, Customer
Service Training or Coaching Program of
the Year – Technology Industries, Customer
Service Department of the Year – Computer
Software – Up to 100 Employees, and Most
Valuable Response by a Customer Service
Team (COVID-19

The Stevie Awards are the world’s top honors
for customer service, contact center, business
development, and sales professionals.

Award-Winning
• Technical support engineers available
7 a.m. – 7 p.m. (CST) Monday – Friday
(excluding holidays)
• Accessible via phone, email, and live chat
• 4-hour response during normal hours
• 24/7 emergency technical support for
named points of contact
• Dedicated customer success manager
• Online self-service help with the CivicPlus
Help Center (civicplus.help)
Technical Support
PAGE 30

ENGAGEXCHANGE
The ENGAGEXCHANGE is an online community and
the central hub of ideas, guidance, tips, advice, and
more for our CivicEngage customers. It reflects our
commitment to:
• Connection – Customers can connect with
their peers to ask questions, discover solutions,
share ideas, and join focus groups and beta
opportunities.
• Direction – Customers will have the opportunity
to provide targeted input on the future direction
of the CivicEngage roadmap and will be able to
submit ideas for improvements and enhancements.

Continuing Partnership
We won’t disappear after your website is launched.

You’ll be assigned a dedicated customer success
manager. They will partner with you by providing
information on best practices and how to utilize the
tools of your new system to most effectively engage
your residents.

Maintenance
CivicPlus is proactive in identifying any potential
system issues. Through regularly scheduled reviews of
site logs, error messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before they ever affect our customers’
web solutions. Our standard maintenance includes:
• Full backups performed daily
• Regularly scheduled upgrades including fixes and
other enhancements
• Testing
• Development
• Operating system patches
“It’s your people that make you good at
what you do. Every time I call my Customer
Success Manager, it seems like he
drops everything to help me. If I contact
the Technical Support Team, they are
right there to answer my questions and
get it figured out. I’ve always had very
responsive experiences when I’ve reached
out to CivicPlus. I’ve worked with some
great customer service reps at CivicPlus,
and it’s that relationship that matters.”
— Jean Carder, Communications Coordinator
for Louisburg, Kansas
PAGE 31

ONGOING SERVICES
Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously. Redundant power sources and internet access ensure consistent and stable connections. You’ll find that our extensive, industry-leading process and procedures for protecting and hosting your website are unparalleled. From our secure data center facilities to constant and vigilant monitoring and updating of your system, including 99.9% guaranteed up-time (excluding maintenance).

If you experience a DDoS attack or threat, CivicPlus has mitigation and DDoS Advanced Security options available to you at the time of an event. Whatever your needs are we have an option that will be a fit for your community.

Data Center Bandwidth
• Highly reliable data center & secure facility
• Managed network infrastructure
• On-site power backup & generators
• Multiple telecom/network providers
• Fully redundant network
• System monitoring − 24/7/365
• Multiple network providers in place
• Unlimited bandwidth usage for normal business
operations (does not apply in the event of a cyber
attack)
• Burst bandwidth − 22 Gb/s
Hosting
• Automated CivicEngage software updates
• Server management & monitoring
• Multi-tiered software architecture
• Server software updates & security patches
• Database server updates & security patches
• Antivirus management & updates
• Server-class hardware from nationally recognized
provider
• Redundant firewall solutions
• High performance SAN with N+2 reliability
Disaster Recovery
• Emergency after-hours support, live agent (24/7)
• On-line status monitor by Data Center
• 8-hour guaranteed recovery TIME objective (RTO)
• 24-hour guaranteed recovery POINT objective
(RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
DDoS Mitigation DDoS Advanced Security Coverage
• Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold* engagement
Not Included.

Additional coverage available at time of event.

Additional fees will apply.
*Thresholds: Traffic exceeds 25 Mb/s sustained for 2+ hours. Traffic over 1 Gb/s at any point during attack PAGE 32

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Investment Proposal

PAGE 33
I NVESTMENT P ROPOSA l
Project Cost
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing is valid for 180 days from August 4, 2022.

Features & Functionality
• CivicEngage Central CMS tools, widgets, & features
• One SSL certificate
• DNS setup & hosting for URL baldwinpark.com
• 100 GB of storage
• AudioEye Managed
Ultimate Implementation
• One custom website layout proposal
• One custom design built using approved custom
layout & up to three advanced design components
• 200 pages Content Development from URL
baldwinpark.com
• Up to 100 meetings worth of Agendas & Minutes
PDF/DOC Migration
• Four-year ultimate website redesign
• One Ultimate Department Header Package
Professional Services
• Up to two days virtual Align Consulting
• Up to two days virtual Content Consulting
• Up to three days virtual training (limit eight
attendees/session)
Annual Recurring Services
• Hosting & security
• Software maintenance including service patches &
system enhancements
• 24/7 Technical support & access to the CivicPlus
Help Center
• Dedicated customer success manager
Recommended Add-Ons
• CivicPlus Chatbot (additional fees apply)
• CivicRec Recreation Management System
(additional fees apply)
• CivicOptimize (additional fees apply)
Year 1 Standard List Price $105,575
Year 1 Total Discount ($56,313)
Total Year 1 Investment 49,262
Includes development fees and Year 1 annual services
Year 2 Annual Recurring Services $16,088
Includes 5% technology uplift
PAGE 34
CivicPlus Project Pricing & Invoicing
CivicPlus prices on a per-project, all-inclusive basis (stated in U.S. dollars). This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost effective for our customers. It provides you with a price based on the products and features listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing.

CivicPlus Offers:

Standard CivicEngage Central Invoicing
• 100% of Year 1 fees due at contract signing
• First-year Annual Services fee is included with your
Year 1 cost
• Subsequent annual invoicing occurs on the
anniversary of the contract signing date, and is
subject to a five percent technology fee uplift each
year starting Year 2 of your contract
Customized Billing/Invoicing
• Other billing options can be discussed before
contract signing and, if feasible, a plan developed
that works for all parties
• Not available with all CivicPlus products—please
contact your customer success manager for more
details
Payment Gateway Account
• Your chosen payment gateway will collect and
disburse all credit card monies
• If selected, any of our partner payment gateway
Vendors will conduct a rate analysis upon
discovery to provide the most competitive
percentage + fee per transaction rate
• CivicPlus Pay integrates with several payment
gateways to provide maximum flexibility to our
customers’ needs
We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes.

PAGE 35
Recommended Add-Ons
Our Chatbot crawls your website and
other linked databases to create a
continually, automatically updated,
AI-powered knowledgebase that you
don’t have to maintain separately. The
result is less time spent on common
transactional citizen inquiries and
happier citizens who know they can
quickly and effortlessly receive what
they need from their municipality.

CivicPlus Chatbot
Powered by frase
AI-Powered Customer Service to Delight
your Citizens

You want to give your citizens the highest quality,
most responsive, and personalized customer
service experiences. However, with less staff and
fewer resources than ever before and building
pressure to enable contactless government, how
can you continue to delight your citizens? With
smart customer service automation.

CivicPlus Chatbot is designed to convincingly
simulate the way a human would behave during
a customer service interaction. Our advanced
technology combines the power of site search
and artificial intelligence (AI) to deliver exceptional customer experiences to citizens using your
CivicEngage website.

Automated Citizen Service
Chatbot simulates the quality service experiences your
staff has with citizens, saving you time from answering common questions by email, phone, and walk-in.

Answers from Multiple Sources
Chatbot crawls your CivicEngage website and other
linked databases to create a continually updated,
AI-powered knowledgebase.

No Manual Content Management
You’ll never have to update your question-and-
answer database manually. Our smart Chatbot scans
your content and routinely refines its responses for
improved results.

Insightful Analytics
Use Chatbot’s reports to identify content gaps on your
website and add the information, tools, and resources
that citizens are searching for most frequently.

An Experience Designed for the Public
Sector
Unlike chatbots intended to facilitate retail sales, the CivicPlus Chatbot is designed to simulate government-
citizen interactions.

The CivicPlus
Chatbot Provides:

PAGE 36
CivicRec® Recreation Management System
Facilitate Easier. Manage Better. Participate Faster.

CivicRec is a hosted, web-based application
specifically designed to meet the needs of recreation
and park districts and municipal recreation
departments. Our system is a Software as a Service
(SaaS) solution that is ready to go off-the-shelf.
• Activity Registration – Ask prompts at checkout,
have waivers confirmed, present forms to your
registrants, process credit cards, and more. Makes
activity registration easy.
• League Management – Organize and manage
leagues year-round. Registrations can be done by
team or individuals. Schedule for regular season
and tournaments.
• Ticketing – Create, sell, and scan tickets for events. • Facility Management – Take facility rentals
and requests online or in office. Use the
simple click and reserve interface to
complete your bookings quickly.
• Membership Management – Sell memberships in
house or online, print membership cards or use
pre-printed dongles, and quickly check people in
and out of the facility.
• Point of Sale – An enterprise level system built right in. Process a registration, book a facility, or sell
merchandise in the POS screen from anywhere in
the system.
• Reporting – Advanced access, control, and
customization of reports. Print, export, e-mail,
save, and automate from within the system.
• And more!

PAGE 37
CivicOptimize
Efficiency-centric, low-code, digital optimization software designed specifically for your staff, your in-field workers, and your community.

CivicOptimize consists of a set of Low-code application development tools and services, managed from
a single dashboard, with which to build mobile
application solutions that link closely into existing
government IT systems. Standard CivicOptimize
tools and services fall into four major categories of
functionality:
• Building sophisticated mobile-optimized forms and
work-guides
• Deploying forms and work guides as Public Works
Assignments
• Integrating form workflows with corporate IT
systems through APIs - both within the forms
completion flow, and upon form submission
• Administering and managing users, apps, and APIs
with basic analytics plus PowerBI integration
low-Code Development
The CivicOptimize low-code development environment
allows for collaboration between non-technical
department leaders and programmers to develop
solutions that meet your daily needs. Your in-house
staff can create efficiency-centric applications,
including digital forms, hosted cloud infrastructure, IoT connectivity and performance monitoring capabilities,
and even custom integrations between your favorite
CivicPlus solutions.

Key features
• Shift public services from standardized and manual
to personalized and automated
• Build and deliver custom forms and workflows
quickly and easily
• Create custom business solutions and mobile apps
for specific purposes or engagements
• Deploy Public Works Assignments with custom
branding and design
• Integrate with Microsoft Flow and leverage
hundreds of business applications
• Utilize platform single sign-on, Digital Twin, and
out-of-the-box asset visibility
• Efficiency and
productivity excels with
the use of one central
dashboard
• Book appointments with
government entities 24/7
by utilizing the online
scheduling service that
automatically syncs
calendars with relevant
employees

PAGE 38

WEBSITE RE DESIGN , WEB H OSTING , & M AINTENANCE SUPPORT S ERVICES Exceptions

PAGE 39
Ex CEPTIONS
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal (including all supporting, technical, or specification documents required for submittal with the current RFP) is intended as a non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available.

If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements as provided in the RFP before a final agreement is reached. We look forward to developing a mutually beneficial contract with the City of Baldwin Park.

Exceptions
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US

Statement of Work
Quote #: Q-43156-1
Date: 5/23/2023 9:08 AM
Expires On: 8/21/2023

Client:

BALDWIN PARK, CALIFORNIA
Bill To:

BALDWIN PARK, CALIFORNIA

SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Solomon Grover x7852224856 [email protected] Net 30

QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE

2.00 Ultimate Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links, Colors, Design Styles; follows main site layout.

2.00 Ultimate Department Header
Annual Fee - CivicEngage
Ultimate Department Header Annual Fee: 'Department
Name'
Renewable

2.00 Ultimate Department Header
Implementation - CivicEngage
Ultimate Department Header Implementation One-time

1.00 AudioEye Managed AudioEye Managed: (URL) Renewable

1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable

1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central Renewable

1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
Renewable

1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (http://URL) One-time

1.00 DNS and Domain Hosting Annual
Fee (http://URL)
DNS and Domain Hosting Annual Fee (http://URL) Renewable

1.00 Ultimate Implementation -
CivicEngage Central
Ultimate Implementation - CivicEngage Central One-time

1.00 48 Month Redesign Ultimate
Annual - CivicEngage Central
48 Month Redesign Ultimate Annual - CivicEngage Central Renewable 200.00 Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage One-time

6.00 System Training (4h, virtual) -
CivicEngage
CivicEngage System Training - Virtual, Up to 4 Hours One-time V. PD 06.01.2015-0048