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Agenda packet

Bell City Council
November 8, 2023

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Agenda packet
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November 8, 2023
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Agenda
Regular Meeting of the
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority Wednesday, November 8, 2023
5:30 P.M. CLOSED SESSION
7:
00 P.M. OPEN SESSION
BEL

L COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Fidencio J. Gallardo
Mayor
A
na Maria Quintana Monica Arroyo
Vice-Mayor Council Member

Alicia Romero Ali Saleh
Council Member Council Member

Welcome to the City Council Meeting

The Bell City Council and staff welcome you. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Co mmunity Center , 6 250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization

There are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.

Addressing the City Council

If you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk prior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.

Compliance with Americans with Disabilities Act

The City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588 -6211, Ext. 2615 , at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Members of the Bell City Council

Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.

Meeting of the
Bell City Council and Related Agencies
November 8, 2023

REGULAR JOINT MEETING OF THE

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority

November 8, 2023

5:30 P.M. Closed Session Meeting
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana, and Gallardo

Communications from the Public on Closed Session Items

This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

Closed Session

The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:

a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4612 Gage Ave., 4825 Florence Ave., 5143 Gage Ave., 6717 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor calls you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, November 8, 2023.

Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101

Meeting of the
Bell City Council and Related Agencies
November 8, 2023
Reconvene Regular City Council Meeting

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana and Gallardo

Pledge of Allegiance

City Attorney Report

The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

Presentations and Recognitions

a. Retirement Recognitions for the following City employees:

1. Captain Art Jimenez

2. Accounting Manager Elisa Gratil

3. Accounting Assistant II Office Maria Torres

b. Proclamation declaring November 2023 as Family Court Awareness Month c. Proclamation declaring November 6
th through November 10, 2023, as National Key Club
Week.
d. Proclamation declaring November 2023 as National Family Literacy Month

Communications from the Public

This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)

Mayor and City Council Communications

Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

City Manager Report

In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

Business Session

1. Consideration and Adoption of a Resolution Authorizing the Dissolution of Membership with Eco-Rapid Transit (ERT). (City Council)

Recommendation: It is recommended that the City Council:

1. Authorize the ERT representative to vote to terminate ERT pursuant to section 3.2(i) of the ERT Joint Powers Agreement;

Meeting of the
Bell City Council and Related Agencies
November 8, 2023

2. Authorize the City Manager to execute any relevant documents on behalf of the City of Bell; and

3. Read by title only, waive further reading and adopt Resolution No. 2023-76 titled:

A RESOLUTION OF THE CITY OF BELL AUTHORIZING THE

TERMINATION OF ECO-RAPID TRANSIT

2. Appointment of City Treasurer. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2023-77 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL APPOINTING ANGELA BUSTAMANTE, CITY CLERK, TO

SERVE AS THE CITY TREASURER

3. Approve an Agreement with Willdan Engineering for the Community Development Block Grant (CDBG) Program Implementation and Administration Assistance Services for one (1) year, with two (2) one-year extensions. (City Council)

Recommendation: It is recommended that the City Council approve an Agreement with Willdan Engineering for the Community Development Block Grant (CDBG) Program Implementation and Administration Services. These services will also include Staff Training and Labor Compliance services for the Commercial Façade Improvement Rehabilitation Program.

4. Consideration to approve Amendment No. 1 with MWS Consulting, Inc. for a Waste Composition Study and SB 1383 Program and Rate Increase Review Services . (City Council)

Recommendation: It is recommended that the City Council approve Amendment No. 1 with MWS Consulting, Inc. for SB 1383 Rate Increase and Associated Fees Consulting Services.

5. Consideration to approve a New Agreement with Granicus, LLC. for Website Redesign and Hosting Services in an amount not to exceed $150,238.07. (City Council)

Recommendation: It is recommended that the City Council approve the following for the City’s Website Redesign and Hosting Services:

1. Approve a New Agreement with Granicus, LLC. for Website Redesign and Hosting Services; and

2. Direct staff to bring back an Agreement with a consulting services firm to help manage and spearhead the Website Development Process

6. Consideration of CPI adjustment to the Master Fee Schedule to update existing fees. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution No. 2023-78 titled:

Meeting of the
Bell City Council and Related Agencies
November 8, 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL, AMENDING THE MASTER FEE SCHEDULE TO

INCLUDE AN ANNUAL CPI ADJUSTMENT EVERY JANUARY

7. Consideration to Adopt a Resolution Establishing a Section 115 Trust for OPEB and Pension Liabilities and Authorize Shuster Advisory Group, LLC as the Administrator of the Section 115 Trust. (City Council)

Recommendation: It is recommended that the City Council read by title only, waive further reading, and adopt Resolution No. 2023-79 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL, ADOPT RESOLUTION NO. 2023- 79, ESTABLISHING A SECTION 115 TRUST FOR OTHER

POST-EMPLOYMENT BENEFITS (OPEB) AND PENSION LIABILITIES AND

AUTHORIZE THE CITY MANAGER/FINANCE DIRECTOR TO EXECUTE WITH THE TRUST ADMINISTRATOR, CUSTODIAN, AND TRUSTEE TO CREATE A 115 TRUST ACCOUNT FOR THE FUNDING OF FUTURE OPEB AND PENSION LIABILITIES”

8. Consideration of Adoption of Election Resolutions to Place before City Voters, at a March 5, 2024, General Municipal Election Consolidated with the Presidential Primary Election, a Three-Quarter Cent per Dollar (0.75%) General Sales Tax Ballot Measure; Call of Election; Direction for Impartial Analysis, Ballot Arguments, and Rebuttals for the above- mentioned Measure; Approve the first reading, by title only, of an Ordinance relating to the above - mentioned Measure. (City Council)

Recommendation: It is recommended that the City Council approve Resolution 2023- 80 (Calling the Election), Resolution 2023- 81 (Arguments and Impartial Analyses for the proposed Measure), and Resolution 2023-82 (Rebuttal Arguments).

Consent Calendar

The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

Recommendation: Approve agenda items 9 - 14.

9. Minutes for the Regular City Council Meetings of January 25, 2023, February 22, 2023, March 8, 2023, May 10, 2023, and October 25, 2023, and for the Special City Council Meeting of May 10, 2023. (City Council/Successor Agency to the Bell Community Redevelopment Agency)

10. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants November 8, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

11. It is recommended that the City Council read by title only, waive further reading and adopt Ordinance No. 1283 titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL,
AMENDING CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.84.064

Meeting of the
Bell City Council and Related Agencies
November 8, 2023
(DIGITAL BILLBOARDS), AND CHAPTER 17.96.030 (CONDITIONAL USE PERMITS REQUIRED WHEN) OF TITLE 17 (ZONING) OF THE

BELL MUNICIPAL CODE (BMC), RELATING TO DIGITAL

BILLBOARDS

12. It is recommended that the City Council:

1. Read by title only, waive further reading and adopt Resolution No. 2023-83 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

ACCEPTING THE SPEED HUMP IMPROVEMENTS ON VARIOUS

STREETS PROJECT AS COMPLETE AND AUTHORIZING STAFF TO

PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE LOS
ANGELES COUNTY RECORDER”; and

2. Authorize staff to release retention thirty-five (35) days after the filing of the Notice of Completion.

13. Approval of Proposed Stipulations and Awards for Police Sgt. Kai Joseph; Claim No. 20- 148577; WCAB No. ADJ13684916. (City Council)

14. It is recommended that the City Council:

1. Read by title only, waive further reading and adopt Resolution No. 2023-83 titled:

“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

ACCEPTING THE STREET IMPROVEMENTS ON VARIOUS STREETS
FY 2022-23 AS COMPLETE AND AUTHORIZING STAFF TO PREPARE

AND FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES
COUNTY RECORDER”; and

2. Authorize staff to release retention thirty-five (35) days after the filing of the Notice of Completion.

Pending Items – None

November 22, 2023, Regular City Council Meeting Cancelled Next Regular Meeting, Wednesday, December 13, 2023

I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted November 3, 2023 at least seventy-two (72) hours prior to the meeting as required by law.

________________________________
Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

November 8, 2023

5:30 P.M. Closed Session
7:00 P.M. Regular Session

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a – b

AGENDA & INDEX 1-8

PUBLIC HEARINGS None

BUSINESS SESSION 1 9-12
2 13-20
3 21-96
4 97-125
5 126-279
6 280-290
7 291-297
8 298

CONSENT CALENDAR 9 299-334
10 335-402
11 403-414
12 415-420
13 421-430
14 431-435

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01135.0001/914269.1 1

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

WILLDAN ENGINEERING

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01135.0001/914269.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND

WILLDAN ENGINEERING
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by and between the City of Bell, a California charter city (“ City”) and Willdan Engineering, a California corporation (“Consultant” ). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant , following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required he reunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.

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01135.0001/914269.1 2

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant 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 Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’ s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

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01135.0001/914269.1 3

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

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 order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultant s. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Eight Thousand Nine Hundred Thirty Nine Dollars and Zero Cents ($38,939.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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01135.0001/914269.1 4

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit
“C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub- contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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01135.0001/914269.1 5
ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of 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 Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Salvador Lopez Jr. Director of Planning

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01135.0001/914269.1 6
(Name) (Title)

Jennifer Maria Deputy Director of Planning
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Manual Acosta, the City’s Community Development Director or such person as may be designated by the City Manager . It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant 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 Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number,

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01135.0001/914269.1 7
compensation or hours of service. Consultant 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 consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer 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 Consultant , taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consult ant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5.

INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance
. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any

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policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance
. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event 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. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in

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accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements

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required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agree ments with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications
. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additiona l cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabi lities whether actual or threatened (herein “ claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of

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Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6.

RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant 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

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shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contr act Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors 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 termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City

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shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7.

ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article . Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s

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obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other 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 Agreement, 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 exercis e by it, at the same or different 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, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant , except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determined by the Contract Officer . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer . Except where the Consultant has initiated

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termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, 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 Consultant 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 reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off 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 addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’ s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 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 Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’ s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid

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conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which affects her/ his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant 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 person or group of persons on account of race, color, creed, religion, s ex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9.

MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement 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 Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 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 competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such

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payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a charter city

Fidencio J. Gallardo, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:

WILLDAN ENGINEERING, a California
Corporation
By:

Name: Creighton Early
Title: Chief Financial Officer
By:

Name: Kate Nguyen
Title: Secretary
Address: 2401 E. Katella Ave., Ste. 300
Anaheim, CA 92806
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01135.0001/914269.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/914269.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/914269.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant shall assist the City with the administration of the Community Development Block Grant program (“Services”). Services shall include, but not be limited to, the following:

A. Meet with City representatives to provide status updates on all CDBG projects and issues requiring immediate attention.

B. Prepare and submit to City a quarterly status report of all CDBG projects.

C. Develop time lines for each approved CDBG project, establishing key dates for review, and accomplishment and progress monitoring.

D. Review and maintain files for all CDBG projects.

E. Develop and maintain financial spreadsheets for all CDBG projects, to include eligible reimbursements, amounts expended, reimbursements received, and balances available.

F. Monitor and maintain all financial records relevant to CDBG-funded projects and reconcile any discrepancies between records.

G. Prepare monthly reimbursement requisitions to the Community Development Commission for all CDBG projects.

H. Gather and maintain information required for and prepare and submit all required Grantee Performance reports.

I. Perform CDBG project oversight monitoring including on-going monitoring and closeout review for all CDBG-funded projects.

J Establish and maintain all operating assignments with CDBG sub-recipients.

K. Conduct Davis-Bacon and state prevailing wage monitoring and contract compliance for all CDBG-funded construction projects.

L. Conduct Section 3 monitoring and compliance for all CDBG-funded projects.

M. Prepare all CDBG related submissions as required by the Department of Housing and Urban Development (HUD) and the Community Development Commission (CDC) (ex. Contract/Subcontract Activity Report, Labor Standards Report, etc.).

N. Perform liaison functions between the City and the Los Angeles Community Development Commission.

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01135.0001/914269.1 A-2
O. Prepare all CDBG related documents including reports, contracts, agreements, and amendments.

P. Develop, prepare, and submit project amendments, as required, for all CDBG- funded projects.

Q. Advise City and ensure proper implementation of all CDBG program changes.

R. Prepare and submit a Cost Summary and all necessary documentation for the upcoming CDBG program year.

S. Conform to the mandatory regulatory provisions of the Urban County CDBG Program.

T. Be available at City Hall as necessary to complete all work items.

U. Complete Labor Compliance for individual projects as requested.

V. All other CDBG -related work as directed by City’s Community Development Director. All work items will be carried out in conjunction with City staff direction, input, and review.

W. Provide training to staff members on CDBG or PHLA guidelines and procedures.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. All documents referenced in Exhibit A, Section I above.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Status reports due upon request from the City.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Salvador Lopez Jr., Principal in Charge / Quality Assurance Manager

B. Jennifer Maria, CDBG Program Manager / Program Administration

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01135.0001/914269.1 A-3

C. Suzanne Ruelas, Housing Rehabilitation Coordination
D. Jane Freij, CDBG Labor Compliance

E. Natalia Lopez, CDBG Analysis

F. Rina Galit, CDBG Analysis

G. Amanda Perez, CDBG Labor Compliance Technical Support

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01135.0001/914269.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

Section 5.1(b), “Automobile liability insurance.” is hereby deleted.

Section 5.1(d), “Workers’ compensation insurance.” is hereby deleted.

The following is hereby added:
“Consultant shall assist City to ensure that City CBDG projects comply with all applicable Federal and County of Los Angeles Requirements including, but not limited to, the following:
• FEDERAL REQUIREMENTS

o EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the Performance of this agreement, the Consultant agrees as follows:

 The Consultant will not discriminate against any employee or applicant of reemployment because of age, race, creed, sex, color, or national origin. The Consultant will take affirmative action to ensure that the applicants are employed, and that employees are treated during employment, without regard to their age, race, creed, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; rates of pay of other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause.

 The Consultant will, in all solicitation of advertisement for employees be placed by or on behalf of the Consultant; state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, sex, or national origin.

 The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provision will be binding upon each subConsultant, provided that the foregoing

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01135.0001/914269.1 B-2
provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

 The Consultant will comply with all provisions of the Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant order of Secretary of Labor.

 The Consultant will furnish all information and reports required by Executive Order 11246 of September 25, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

 In the event of the Consultants non- compliance with the equal opportunity clauses on the agreement or with any such rules, regulations or orders, this agreement may be canceled, terminated, or suspended in whole or in part and the Consultant authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

 The Consultant will include the provisions of paragraph (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subConsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subConsultant or vendor as a result of such directions by the City, the Consultant may request the United States to enter into such litigation to protect the interest of the United States.

 CIVIL RIGHTS ACT OF 1964. Under Title VI Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activit y receiving federal financial assistance.

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01135.0001/914269.1 B-3
 SECTION 109 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity funded in whole in part with funds made available under this title.

 AGE DISCRIMINATION ACT OF 1975 AND REHABILITATION ACT OF 1973. Any prohibition against discrimination of the bases of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity.

 “SECTION 3” COMPLIANCE IN THE PROVISION OF TRAINING,
EMPLOYMENT AND BUSINESS OPPORTUNITIES. The work to be
performed under this agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.

 The parties of the agreement will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued there under prior to the execution of the agreement. The parties to this agreement Certify and agree that they are under contractual or other disability which would prevent them from complying with these requirements.

 The Consultant will send to each labor organization or representative of workers with which he has collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization workers’ representatives of his com mitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment of training.

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01135.0001/914269.1 B-4
 The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or receipt of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subConsultant is in violation of regulations under 24 CFR Pat 135 and will not let any subcontract unless the subConsultant has first provided him with a preliminary statement of availability to comply with the requirement of these regulations.

 Compliance with provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the contract, shall be in condition of the federal financial assistance provide to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Consultants and subConsultant, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanction as are specified by 24 CFR Part 135.

 LOBBYING CERTIFICATION. The Consultant certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, an agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

 The Consultant certifies that if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of any agency in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL,” Disclosures Form to Report Lobbying.” In accordance with its instructions.

 The Consultant shall require that the language of this certification be included in all subcontracts and that subConsultants shall certify and disclose accordingly.

o DISCLOSURE AND COMPLIANCE. Consultant agrees that any conflict or potential conflict of interest shall be full disclosed prior to execution of contract

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01135.0001/914269.1 B-5
and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest including but not limited to 24 CFR Part 570.611 and 24 CFR Part 85, Section 85.36(b).

• COUNTY OF LOS ANGELES REQUIREMENT

o The Consultant certifies that it is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2.160, (Los Angeles County Ordinance 93-0031) and;

o That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;

o That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity action on behalf of the above named firm fails to comply with the provisions of the County Code.

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01135.0001/914269.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks in Exhibit A, Section I at the following rates:

Staff Member Project Role Hourly Rate
Salvador Lopez Jr. Principal-in-charge /
Quality Assurance
Manager
$216.00
Jennifer Maria CDBG Program Manager
/ Administration
$198.00
Natalia Lopez CDBG Analysis $105.00
Rina Galit CDBG Analysis $105.00
Jane Freij CDBG Labor
Compliance
Administration
$166.00
Amanda Perez CDBG Compliance
Technical Support
$132.00
II. A retention of ten percent ( 10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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01135.0001/914269.1 C-2
V. T he total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

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01135.0001/914269.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

July 2023
• Beginning of new fiscal year
• Quarterly Performance Reports due by the end of the first week for the prior year’s fourth quarter
• Monthly funding request submittals to the Community Development Commission

August 2023
• 31st – Financial Close-Out Deadline for all prior year projects • Monthly funding request submittals to the Community Development Commission

September 2023
• End of the 1st quarter
• Contract and Subcontract Activity Report due to Community Development Commission
• Semi-Annual Labor Standards Report due to the Community Development Commission
• Monthly funding request submittals to the Community Development Commission

October 2023
• Quarterly performance Reports due by the end of the first week for the current year’s first quarter
• Technical Assistance & project oversight of any capital improvement or public service projects
• Monthly funding request submittals to the Community Development Commission II. Consultant shall deliver the following tangible work products to t he City by the following dates.

A. All documents referenced in Exhibit A, Section I above.

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01135.0001/914269.1 D-2
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment”) by and between the CITY OF BELL (“City”) and MSW CONSULTANTS, INC., a California Corporation (“Consultant”) is effective as of the 8th day of November, 2023.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual S ervices dated February 1, 2023 (“Agreement”) whereby Contractor agreed to provide SB 1383 Rate Increase Review Services.

B. The term of the agreement is from February 1, 2023 to January 31, 2024, with two (2) additional one-year extension in the City’s sole and absolute discretion (per Section 3.4).

C. The total maximum compensation due under the agreement was $24,720, with a total compensation for Services not exceeding the Contract Sum from the date of this agreement to January 31, 2024. (“Year One”).

D. By this Amendment No. 1, the City and Consultant now desire to continue the term of the Agreement with the contract term ending June 30, 2024, and increase the Compensation from $24,720 to $49,440.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. [ CONTRACT CHANGES ]

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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01135.0001/931425.1 -2-
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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01135.0001/931425.1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a charter city
____________________________________
Fidencio Joel Gallardo, Mayor
ATTEST:
_________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney
CONTRACTOR:

MSW CONSULTANTS, a California
corporation
By: ________________________________
Name: Dave Davis
Title: President
By: ________________________________
Name: Chrisinda Davis
Title: Chief Financial Officer

Address: 41760 Ivy Street, Suite 203
Murrieta, CA 92562
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasur er. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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01135.0001/931425.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/931425.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/935733.1 1

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

Granicus, LLC.

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01135.0001/935733.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND
GRANICUS, LLC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 8th day of November 2023 by and between the City of Bell, a California charter city (“City”) and Granicus, LLC. (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids , the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a pro posal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the s election of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, i n consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compl iance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by t his reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreeme nt in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all servi ces described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of go od quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those

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01135.0001/935733.1 2
standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such prop osal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulati ons of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and appr ovals as may be required by law for the performance of the se rvices required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and ar ise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or in terest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully con sidered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reason able methods during the life of the Agreement to furnish cont inuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be

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01135.0001/935733.1 3
responsible for all such damages, to persons 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 re spective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

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 Scop e of Services or make changes by altering, adding to or deduc ting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or , in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understo od by Consultant that the provisions of this Section shall no t apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and inc orporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any li mitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this referen ce. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Fifty Thousand Two Hundred Thirty Eight and

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Seven Cents Dollars ($ 150,238.07) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontrac tor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessar y by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” , and shall detail charges for all necessary and actual expenses by the following categories: labor (by s ub-category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or ex penses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultan t acknowledges and agree s that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

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2.5 Waiver.

Payment to Consultant for work performed pu rsuant to this Agreemen t shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the ser vices pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) spec ified in the Schedule o f Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to , acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including th e City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for perfor ming the services for t he period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 5 years from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “D”). [The City may, in its sole discretion, extend the Term for Two additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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The following principals of Consultant (“Principals”) are hereby designated as being the principals and represent atives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

J. Bailey Cecchi Account Executive
(Name) (Title)

Brendan Stierman Manager, Contracts
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement f or directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals . For purposes of this Agreement , the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, s hall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the Assistant to the City Manager, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the ser vices and the Consultant 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 Officer shall have authority, if specified in writing by the City

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Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control ov er the manner, mode or means by whi ch Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contra ctor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its 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 Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express writ ten approval of the City. In additi on, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prio r written approval of City. Transfers restricted hereunder shall include the transfer 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 Consultant, taking all transfers int o account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its o wn expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Ser vices Office form CG 00 0 1, in an amount not less than $2,000,000 per occurrence, $4 ,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsemen t restricting standard ISO “insured contract” language will not be accepted.

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(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single li mit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no le ss than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of in surance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of perfor mance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of covera ge. Consultant shall procure and ma intain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be s atisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -

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contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is ca nceled 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. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insur ance or that is on the List of Appr oved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating G uide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part o f the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in th is section are not intended as a li mitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits mai ntained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its i nsurance agent or broker and insure rs to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall pr ovide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers

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shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of und isclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to re vise specifications. The City reser ves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in su bstantial additional cost to the Co nsultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure a nd maintain, at its own cost and ex pense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemn ify, defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, los ses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims

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or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or ari sing from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully re sponsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals ’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, reckles sness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed h ereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be

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maintained in accordance with gen erally accepted accounting principl es and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such report s concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the proje ct being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and ot her materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors 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 termination of this Agreement, an d Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s gua rantee and warranties shall not ext end to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment t o City of any documents or material s prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that m ay qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities ot her than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers , employees, agents or subcontractor s be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this A greement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response t o discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement sha ll be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement sh all be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed

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after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall h old all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the perio d of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts o r omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lie n, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall n ot, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or reme dy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respe ct to rights and remedies expressly declared to be exclusive in this Agreement, 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 s ame or different times, of any other rights or remedies for the same default or any other default by the other party.

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7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or r emedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall fi le a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer . In addition, the Consultant reserves the right to terminate this Contract at any time, with or wit hout cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services he reunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer , except as provided in Section 7.3. In the ev ent the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminatin g party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may , after compliance with the provision s of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipu lated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off 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 addition to an y other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all othe r

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reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 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 Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or prin cipal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under thi s Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Contract Officer . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indi rect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, direct ly or indirectly, interested, in viol ation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant 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 person or group of persons on account of race, c olor, creed, religion, sex, gender, s exual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employ ees are treated during employment wit hout regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection

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therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or servi ces covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, Calif ornia 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of addres s in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance wi th the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the un derstanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement 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 Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requir ement for written modifications canno t be waived and that any attempted waiver shall be void.

9.5 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

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judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement w hich may affect his/her financial int erest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is dire ctly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091 .5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or cons equence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other t hing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands tha t any such act(s), omission(s) or oth er conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such par ty is formally bound to the provision s of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a charter city

Fidencio J. Gallardo, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant T reasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01135.0001/935733.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscr ibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acte d, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/935733.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within ins trument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01135.0001/935733.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services (as indicated in the RFP attached hereto):

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II. As part of t he Services, Consultant will prepare and deliver the following tangible work products to the City:

a. Hosting & Security - 99.9% uptime (outside of scheduled m aintenance) guaranteed by Service Level Agreement
b. U.S.-based, tier II data center with 24/7/365 system monitoring c. Automated software updates and security patches and high -performance SAN with N+2 reliability
d. Minimum bandwidth of 22 Gb/s
e. Disaster recovery p rocess with a recovery time objective no greater than eight hours and recovery point objective no greater than 24 hours f. Geographically redundant backups
g. DDoS mitigation with DDoS advanced security coverage options III. In addition to the requirements of Sectio n 6.2, d uring performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports/capabilities:
a. OpenForms Capabilities

IV. All work product is subject to review and acceptance by the C ity, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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V. Consultant will utilize the following personnel to accomplish the Services:

a. Director, Implementation Services
b. Project Manager
c. Implementation Project Manager
d. Implementation Consultant
e. UI/UX Designers
f. Customer Success Coordinator or Customer Advocate

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The following Sections shall be amended as follows:

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, the City will pay the Consultant for the performance of this Agreement, a total of One Hundred Fifty Thousand Two Hundred Thirty Eight and Seven Cents Dollars ($150,238.07) (the “Contract Sum”), for the total quantities of work performed as stipulated in the Consultant’s Proposal. The “ Schedule of Compensatio n” (the “SOW”) is attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses shall not exceed the Contract Sum, unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The City will pay all fees, costs and other amounts as specified in each order or SOW.

Annual fees are due upfront on the date of execution of this Agreement a nd upfront at the beginning of each a nnual term. Services fees and one -time fees are due according to the billing frequency specified in each order or SOW.”

2.4 Invoices:

The requirement to pay is changed from within forty-five (45) days to thirty (30) days of receipt of consultant’s correct and undisputed invoice.

4.5 Prohibition Against Subcontracting or Assignment:

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agree ment. Therefore, Consultant shall not contract with any other entity to p erform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transfe rred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer 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 Consultant, taking all transfers into account 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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City. Neither Party may assign, delegate, or otherwise transfer this Agree ment or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided that either Party may assign this Agreement with reasonable

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notice to the other party to an aff iliate or to a successor in interest resulting from granicus.com | [email protected] page 4 acquisition of all, or substantially all, of the assigning party’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void.

5.3 Indemnification:
“The Consultant hereby releases and agrees to indemnify, defend and save harmless the City and its age nts from and against all claims, actions, causes of action, deman ds, judgments, costs, expenses and all damages of every kind and nature, incurred by and on behalf of any person or corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever ownership, including t he parties to this Agreement and their employees, and arising out of or connected with, in any manner, directly or indirectly, the Consultant's operations. The Consultant will defend the City from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either party to this Agreement granicus.com | [email protected] page 3 (“Claims”) and shall pay all losses, damages, liabiliti es, settlements, judgments, awards, interest, civil penalties, an d reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims that the Consultant’s products and services infringe a valid U.S. copyright or U.S. patent issued as of the da te of this Agreement. In the event of such a Claim, if the Consultant determines that this Agreement is likely affected, or if the solution is determined in a final, non-appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent, the Consultant will, in its discretion: (i) replace the affected Consultant products and services; (ii) modify the affected Consultant products and services to render it non-infringing; or (iii) terminate this Agreement with respect t o the affected solution and refund to the City any prepaid fees for the then -remaining or unexpired portion of the Agreement term. Notwithstanding the foregoing, the Consultant will have no o bligation to indemnify, defend, or hold the City harmless from an y Claim to the extent it is based upon: (i) a modification to any solution by the City (or by anyone under City’s direction or control or using logins or passwords assigned to City); (ii) a m odification made by Consultant pursuant to City’s required instru ctions or specifications or in reliance on materials or information provided by City; or (iii) City’s use (or use by anyone under City’s direction or control or using logins or passwords assigned to City) of any Consultant products and services other than in accordance with this Agreement. This section sets forth City’s sole and exclusive remedy, and Consultant’s entire liability, for any Claim that the Consultant products and services or any other materials provided by Consultant violate or infringe upon t he rights of any third party. With regard to any Claim subject to indemnification pursuant to this section: (i) the party seeking indemnification shall promptly notify the indemnifying party upon becoming aware of the Claim; (ii) the indemnifying party sha ll promptly assume sole defense and control of such Claim upon becoming aware thereof; and (iii) the indemnified party shall reasonably cooperate with the indemnifying party regarding such Cl aim. Nevertheless, the indemnified party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying party’s prior written consent. The indemnifying party shall not settle or compromise any Claim in any manner that imposes any oblig ations upon the indemnified party without the prior written consent of the indemnified party.

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6.3 Ownership of Documents:

Section 6.3 is deleted in its entirety.

6.4 Confidentiality and Release of Information:

It is expected that one pa rty may disclose to the other party certain information which may be considered confidential or trade secret information (“Confidential Information”).

Confidential Info rmation shall include: (i) non -public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (ii) non -public information of a party if it is identified as confidential or proprietary before, during, or promptly after presentation and (iii) any information that should be reasonably understood to be confidential or proprietary to a party, given the nature of the information and the context in which disclosed.

Subject to applicable law, each party agrees to receive and hold any Confidential Information in strict confidence . Each party also agrees: (i) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (ii) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the other party; (iii) not to use any Confidential Information for any purpose other than for performance under this Agreement; (iv) to restric t access to Confidential Information to those of its employees, agents, and Agreementor s who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligation s of confidentiality imposed by law or rule; and (v) to exercise at least the same stan dard of care and security to protect the Confidential Information received by it as it protects its own confidential information. If a party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the other party as promptly as practicable so that such party may seek a protective order or waiver for that instance.

Confidential Information shall not include information which: (i) is or becomes public knowledge through no fau lt of either party; (ii) was in a party’s possession before receipt from the other party; (iii) is rightfully received by a party from a third party without any duty of confidentiality; (iv) is independently developed by a party without use or reference to the other party’s Confidential Information; or (v) is disclosed with the prior written consent of the Parties.

Each party shall return or destroy the Confidential Inform ation upon written request by the other party; provided, however, that each party may retain one copy of the Confidential Information in order to comply with applicable law. The City understands and agrees that it may not always be possible to completely r emove or delete all Confidential Information from Granicus’ databases without some residual data.

7.2 Disputes; Default:

Consultant may terminate this Agreement by written notice if the City commits a material breach of this Agree ment and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties.

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7.7 Termination Prior to Expiration of Term:

The requirement is ch anged from third ( 30) days’ written not ice to sixty ( 60) days’ written notice .

Section 7.8 Termination for Default of Consultant:

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, 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 Consultant shall be liable to the extent that the total cost for comp letion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), refund the pro rata portion of any fee that may have been paid by City for the portion of t he Agreement not furnished to City, and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

Additional Terms:

1. Licensing/Permitted Use
a) Intellectual Property Ownership. The Consultant and its licensors own all IP Rights in the products. The City and its authorized users have no right, title or interest in the products other than the license rights expressly granted herein. All rights not expressly granted in the products are reserved by the Consultant or its licensors. b) License to Products. The Consultant hereby grants the City a non-exclusive, non-transferable license to access and use the products identified in the Order during the term set forth therein. In addition to the terms of this Agreement and the order, product-specific license terms applicable to certain of the products can be found at granicus.com/legal/licensing and are hereby incorporated into this Agreement by reference. The Consultant reserves all right, title and interest in and to all Consultant products, including all rights not expressly granted to the City under this Agreement. granicus.com | [email protected] page 6 c) Third Party Consultants. the City may permit its third-party Consultants to access and use the products solely on behalf of and for the benefit of the City, so long as: (i) such Consultant agrees to comply with this Agreement as if it were the City; (ii) the City remains responsible for each Consultant’s compliance with this Agreement and any breach thereof; and (iii) all volume or transaction-based use of the products includes use by Consultants. All rights granted to any Consultant terminate immediately upon conclusion of the services rendered to the City that give rise to such right. Upon termination of such rights, Consultant will immediately cease all use of the products and uninstall and destroy all confidential or proprietary Consultant information in its possession. The City will certify compliance with this section in writing upon Consultant’s request.
d) Data Sources. The City may only upload data related to individuals that originates with or is owned by the City. The City shall not upload data purchased from third

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parties without Consultant’s prior written conse nt and list cleansing services provided by Agreement or for an additional fee. Consultant will not sell, use, or disclose any personal information provided by the City for any purpose other than performing services subject to this Consultant.
e) Content. The City can only use products to share content that is created by or owned by the City and/or content for affiliated organizations, provided that use by the City for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the products. Consultant is not responsible for any content used, uploaded or migrated by the City or any third party. f) Advertising. The City shall not use products to promote products or services available for sale through The City or any third party without Consultant’s prior written consent. g) Restrictions. The City shall not:
(i) Use or permit any end user to use the products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the products, network services or network equipment, including unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the products to make unauthorized entry into any other device accessible via the network or products;
(ii) Use the products as a door or signpost to another server; (iii) Disassemble, decompile, reverse engineer or make derivative works of the products;
(iv) Rent, lease, lend, or host the products to or for any third party, or disclose the products to any third party except as otherwise permitted in this Agreement or an order or SOW;
(v) Use the products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied or sanctioned parties prohibitions; or (vi) Modify, adapt, or use the products to develop any software application intended for resale which uses or competes with the products in whole or in part.

2. Limitation of Liability NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER

PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN AGREEMENT OR TORT OR OTHERWISE) EXCEED THE LESSER OF TWO TIMES (2X)

THE FEES PAYABLE BY COUNTY FOR T HE SUPPLIE R PRODUCTS AND SERVICES OR ONE MILLION DOLLARS ($ 1,000,000 USD). AGREEMENTOR SHALL NOT BE

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RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED.

3. Warranties Consultant warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Consultant products and services; however, the Consultant products and services are provided “AS IS ” and as available.

EXCEPT AS PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL

OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND

WRITTEN, EXPRESS OR IMPLIED, EXCEPT CONSULTANT AGREES THAT IT HAS

STUDIED THE SPECIFICATIONS OF THE CITY AND WARRANTS THAT THE PRODUCTS AND SERVICES PROVIDED HEREIN WILL MEET CITY’S REQUIREMENTS

BUT CONSULTANT IS NOT RESPONSIBLE FOR INTERRUPTIONS OF SERVICE

CAUSED BY FAILURE OF CITY SERVERS OR OTHER ELEMENTS BEYOND CONSULTANT’S CONTROL.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
II. Consultant shall perform the following tasks at the following rates:

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II. A retention of ten percent ( 10%) shall be held from each payment a s a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbud get to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Solution completed up Front, annual or upon delivery.

B. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

C. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

D. Training
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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01135.0001/935733.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Discover 30-60 days January/February 2024
B. Design TBD January/February 2024
C. Develop TBD March thru June 2024
D. Deliver

Estimated Dates July/August/September 2024

II. Consultant shall deliver the fol lowing tangible work products to t he City by the following dates.

A. Train Bell employees and launch the new websit e by July/August/September 2024.

III. The Cont ract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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Commercial – In Confidence
Empowering Modern
Digital Government
Transform your website, forms, and
digital customer experience,
without any custom code.

J Bailey Cecchi
Account Executive
720.681.6865
[email protected]

Granicus
1999 Broadway, Suite 3600
Denver, CO 80202
www.granicus.com
Date: September 8, 2023
City of Bell
Website Redesign and Hosting Services RFP

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Website Redesign and Hosting Services
Cover Letter

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Cover Letter
Dear Selection Committee Members,
Thank you for the opportunity to submit a proposal for the redesign of the City of Bell’s website. Based on our conversations and the thoroughness of your RFP, we are confident that our comprehensive offering will enable you to transform your web presence into a true “Digital City Hall” for Bell.

Granicus is uniquely positioned to help you serve, engage, and reach – residents, visitors, and businesses in the City of Bell. Our unique offerings will help your organization:
• Serve. Like most government organizations, the City is working to bring more services online and we can help you transform your website into a true service portal. We’ll start by identifying the top tasks users perform on your website – like paying a ticket or registering for an event – and make it easy for visitors to find and complete those tasks.
• Engage. Connect with your citizens in a whole new way. With OpenCities, you can gather input on important issues, conduct polls, and aggregate and analyze data to inform public policy decisions.
• Reach. Extend the reach of your website with Granicus govDelivery. Send targeted campaigns to our network of more than 300M subscribers nationally. • Protect. Keep critical data safe by working with a vendor serving federal agencies that require the highest levels of security. At a time when ransomware attacks are growing in local government, you can never be too careful. We are here to help! • Mobilize. With nearly 50 percent of local government website traffic coming from a mobile device, responsive design is no longer enough. Granicus offers the tools needed to truly optimize the mobile experience for your users.

We see tremendous potential for your website and would welcome the opportunity to help you achieve it. I look forward to talking with you soon about what’s next for Bell.

Respectfully submitted,
J. Bailey Cecchi
Account Executive
[email protected]
720.681.6865

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Table of Contents

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Table of Contents
Cover Letter .............................................................................................................................. 2 Table of Contents ..................................................................................................................... 3 Executive Summary ................................................................................................................. 4 Company Profile ...................................................................................................................... 6 Company Overview ......................................................................................................... 6 Main Point of Contact ...................................................................................................... 6 Differentiators .................................................................................................................... 6 Single Source Vendor/Subcontractors ............................................................................ 6 Company Information and Office Locations ................................................................. 7 Philosophy ......................................................................................................................... 8 Key Values ......................................................................................................................... 9 Experience ............................................................................................................................. 10 References .......................................................................................................................10 Website Examples ............................................................................................................10 Portfolio of Additional Work ............................................................................................17 Project Team .......................................................................................................................... 22 Features & Functionality ........................................................................................................ 32 Section B: Minimum Requirements .................................................................................32 Future-Proof Your Digital Experience ..............................................................................42 Increase Customer Self-Service with Deep Data ..........................................................43 Increase Engagement with Timely, Relevant Content .................................................44 Create Once, Publish Everywhere .................................................................................45 Content Insights and Recommendations ......................................................................46 Digital Forms and Workflow .............................................................................................47 Integrate with Internal Systems .......................................................................................55 Implementation Plan ............................................................................................................. 56 Enhanced Package (12+ months) .................................................................................56 Project Implementation ..................................................................................................56 Ongoin
g Services .................................................................................................................. 64 Technical Services & Support .........................................................................................64 Support Hours and Contact Information .......................................................................65 Updates and Maintenance ............................................................................................65 Training .............................................................................................................................66 Hosting and Security ........................................................................................................66 Investment Proposal .............................................................................................................. 69 Exceptions .............................................................................................................................. 85 Attachment 1 – Proposal Certification ................................................................................109

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The City of Bell, CA
Website Redesign and Hosting Services
Executive Summary

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Executive Summary
To the web team of Bell, CA
Granicus appreciates this opportunity to present our abilities to help the City of Bell improve its user experience and enhance content delivery with a modern, secure, scalable, accessible, and stable website designed for easy and continuous iteration.

Granicus knows that the City of Bell website has become the digital front door to all resources and departments, and we offer a better approach to envisioning, building, maintaining, and growing your website.

Did you know?
It costs on average $16.80 per face-to-face government interaction and 48 percent of practitioners don’t use emerging digital tools. By digitizing services, not only can you reduce long-term costs by up to 98 percent, but you can also keep staff focused on higher-priority tasks by saving 25-80 percent of the time typically spent on paper and in- person interactions.

We believe that our solutions will enable the City of Bell to meet its objective of maintaining and providing valuable information to residents, businesses, and visitors alike. Increased site speed, more accurate search results, and optimized mobile interfaces will also save the City of Bell time, effort, and ultimately money.

Here is what you can expect from Granicus
• We offer a complete package of services and technology that delivers an accessible, mobile-responsive, ADA-compliant, fully featured, and affordable website utilizing a low-code/no-code, purpose-built-for-government CMS. • We have more than 20 years of experience putting the public and government employees at the center of our solutions, ranging from small cities and townships of 200 people up to the largest U.S. state and federal agencies. • Our “Digital Services” approach to converting City of Bell websites to fully transactional digital services portals has produced significant ROI for our government partners. Grand Rapids, Michigan reduced walk-in traffic by 20% by launching 200+ digital services, and Orlando, Florida increased customer satisfaction by 65%.
• We continuously innovate, as evidenced by our $20M+ annual investment in technology development, 98% customer retention rate, and our selection as a GovTech 100 company by Government Technology magazine for the past six years running.
• We offer unmatched security and scalability, as is evident by the trust placed in us by 14 of 15 Federal agencies and 48 of the 50 largest U.S. cities, in addition to sending more than 22 BILLION annual communication messages. • We are the only company to provide an end-to-end software solution built for government – Government Experience Cloud – that also includes more than 300M active opt-in subscribers.

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• We empower stronger relationships between government and residents – including communities across the U.S., U.K., Australia, New Zealand, and Canada.

A partnership with Granicus creates not just a short-term opportunity, it creates a long- term return on investment. Simply put, the City of Bell will never be left with an outdated website or with the need to spend tens of thousands of dollars to redesign its website in the future.

Let us show you how 6,000+ other governments are creating value with Granicus.

A user-friendly website for your residents is great, but your site must also be easy to use for both your technical and non-technical teams. We can’t wait to demonstrate to the City of Bell the flexibility of our platform and how we will deliver superior user experiences to both residents and City staff.

Increasingly, governments of all sizes are moving to Granicus to benefit from our low- code, easy-to-use platform and the ongoing research and development that we provide to clients as a part of our annual SaaS fee. Given your goals for a system that can grow with you, we urge you to let us show you what that means via a product demonstration. We also invite you to talk to our customers about the value Granicus has created for their organizations and residents.

On behalf of Granicus, thank you again for allowing us to show the City of Bell that Granicus is the right choice for the future of your website solutions and hosting services.

Sincerely,
J Bailey Cecchi
Sales Associate
[email protected]
720.681.6865

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Company Profile

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Company Profile
Company Overview
Granicus was founded in 1999 and has been providing services to government agencies since its inception. Granicus currently has over 1,300 FTEs on staff.

Granicus provides technology and services that empower government organizations to create seamless digital experiences for the people they serve. Offering the industry’s leading cloud-based solutions for communications, content management, meeting and agenda management, and digital services to more than 6,000 public sector organizations, Granicus helps turn government missions and goals into quantifiable results.

Main Point of Contact
J Bailey Cecchi
Sales Associate
[email protected]
720.681.6865
Differentiators
As a single-source vendor with a variety of products and services available, one of our biggest differentiators is that we reduce administrative oversight by having a single point of contact for all the services that we provide. We also have decades of experience working with local governments on websites and other SaaS projects which have informed best practices across our suite of solutions.

Designed by industry experts and informed by in-depth research, our websites deliver an unequaled balance of efficiency, design, and accessibility that modern governments need. Granicus website solutions not only provide rich, easy-to-manage CMS tools, but it’s also purpose-built for government use. Our Granicus design experts are with you every step of the way to remove guesswork, get results, and ultimately create positive, engaging experiences for residents and visitors.

Single Source Vendor/Subcontractors
We are a single source vendor and have no plans to subcontract any of the work if we are awarded the business.

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Company Profile

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Company Information and Office Locations
Legal Name: Granicus, LLC
Website: www.granicus.com
FEIN: 41-1941088
Years in Business:
23 Years
Washington D.C.
1152 15th Street NW, Suite 800
Washington, DC 20005
800.314.0147
Canada
250 City Centre Ave, Suite 806
Ottawa ON K1R 6K7
800.314.0147
Denver (HQ)
1999 Broadway, Suite 3600
Denver, CO 80202
800.314.0147
United Kingdom
The Beehive, City Place,
Gatwick, RH6 0PA
+44 (0) 800.032.7764
Saint Paul (Contracts and Payment)
408 St. Peter St, Suite 600
Saint Paul, MN 55102
800.314.0147
Australia
Level 8, 50 Market Street
Melbourne VIC 3000
+61 3 9913 0020

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Company Profile

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Philosophy
Relentless Focus on Client Satisfaction
Simply saying we’re dedicated to client
satisfaction isn’t enough. It’s our relentless focus
and one that we measure. In fact, across all our
client implementations over the past three years,
our average client satisfaction rating is 9 on a
10-point scale.

At Granicus, anything less than the best for our
clients is unacceptable.
• Executives – Our leadership team guides
the entire company to do what is best for
our clients. Each week, the leadership
team reviews client satisfaction survey
results and discusses any proactive
actions that need to be taken. Our
leadership team also brings years of
experience across government,
software, design, and technology
industries to the table.
• Certified Experts – Our certified
experts are passionate about
helping you deliver a superior digital
customer experience, which is why
we are constantly learning and
implementing new and better
ways of doing things. Many of our
team members hold the following
certifications: Web Graphic
Design certified, WebAIM WCAG

2.0 educated, and Network and
CCNA certified.
• Project Managers and
Customer Support – Our
Project Managers and
customer support team are
fanatical about your success
and will go above and
beyond to support you.

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Company Profile

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Key Values
• Granicus uses user-centered design principles to create digital services that provide self-service options for your community, rather than just migrating current content to a more beautiful container. This increases satisfaction and trust in government for your residents, businesses, and visitors.
• Granicus uses data-driven decision-making. We are uniquely positioned to learn from real-world behavior by looking at how existing services are currently used in your organization, as well as by our thousands of government customers. • If you cannot find it, you cannot use it. We believe that site visitors shouldn’t need to know how local government operates to be able to find the information and services they need. A powerful predictive search engine that utilizes natural language, along with a clear set of top tasks on the homepage, means that most users can find what they need in one click. Your City of Bell’s tasks are prioritized by YOUR actual website usage data (not extrapolated from aggregate data). • Granicus is mobile-first, our product templates and your content are tested for accessibility and readability. Granicus offers a selection of tested and proven content templates that make it easy for your staff to create better digital experiences for website users. Every pattern meets the high accessibility standards outlined in WCAG 2.1AA and Section 508 and uses responsive, mobile-ready frameworks. Our patterns and designs are easy to adapt to support the diverse scope and needs of government digital services.
• Granicus provides training and governance workshops specifically tailored to each type of government user. Our robust online support and product feedback portal encourage your staff’s participation in our ongoing product improvement. • Granicus gives government staff the tools and appropriate workflows and permissions to change homepage images/look-and-feel, add forms and services, add CSS to the site when/where needed, and manage the pages and navigation of their site without needing to come back to our team for changes or ongoing development.

By the Numbers Accolades

1999 FOUNDED

6,000+ GOV CLIENTS 9 OUT OF 10 PROJECT SATISFACTION

48 OF THE 50 MOST
POPULOUS U.S. CITIES
250+ AWARD-WINNING SITES

COMPANY RECOGNITION

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Experience

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Experience
References
Culver City, CA
Contact Anissa Di Vincente
Webmaster
Address 9770 Culver Blvd, Culver City, CA 90232
Phone 310.253.6094
Email [email protected]
Services Website, Communications, Boards & Commissions tool, public meetings tools, streaming tools, agenda management tools, forms tools
Website https://www.culvercity.org/Home

Palm Desert, CA
Contact Ryland Penta
Management Analyst: Digital Strategies Coordinator
Address 73-510 Fred Waring Dr, Palm Desert, CA 92260
Phone 760.776.6318
Email [email protected]
Services Website, Engagement Platform, Boards & Commissions tool, public meetings tools, streaming tools, 311/CRM tool
Website https://www.palmdesert.gov/

El Segundo, CA
Contact Barbara Voss
Economic Development Manager
Address 350 Main Street, El Segundo, CA 90245
Phone 310.524.2389
Email [email protected]
Services Website, Communications, Boards & Commissions tool, streaming tool Website https://www.elsegundo.org/
Website Examples
Granicus provides technology and services that empower government organizations to create seamless digital experiences for the people they serve. Offering the industry’s leading cloud-based solutions for communications, content management, meeting and agenda management, and digital services to more than 6,000 public sector organizations, Granicus helps turn government missions into quantifiable realities.

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Experience

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Better Serve Your Residents
Your citizens and site visitors approach their digital interactions with the government in the same manner they do elsewhere on the web – as customers. Whether they are looking for information on a consumer website or a government website, they expect to find clear and understandable answers to their questions, quickly, in plain language they understand, at any time of day and via the device of their choice. Increasingly, that device is a mobile one, which requires additional thought to ensure this emerging group of site visitors can easily navigate your site.

The Granicus Experience
Granicus has partnered with more than 800 leading local government agencies to design, develop, and host their websites. Through these partnerships, we continuously evolve our processes and technology to put our government clients at the forefront of innovation in digital government. Everything we do contributes to our mission to help YOU create a superior digital customer experience including:

A citizen-focused project
approach that
starts with research into how
your website visitors want to
engage with you and what
services and information are
most important to them.

We’ll also interview internal
stakeholders to understand
your goals. This research
informs site design and
content.

Ongoing support and
continuous improvement help
ensure that your website
evolves with customer
expectations. The Granicus
team conducts an annual
analysis of your website using
proprietary data and makes
recommendations to improve
your customer experience by
leveraging our flexible CMS.

A CMS that powers superior
digital citizen experiences.

After we hand over your new
website, our CMS solution is
there to help you carry on
the mission of delivering
superior digital citizen
experiences. The casual user
can easily update the
website with fresh content
and visuals, while the power
user can monitor, manage,
analyze, and optimize the
website over time.

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Experience

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GRAND RAPIDS, MI
www.grandrapidsmi.gov
For this city of 200,000 residents,
the website project was far
from a business-as-usual
initiative. Led by our Customer
Service team, the city of Grand
Rapids embarked on a website
redesign process that put
residents at the center of every
decision.

The goal was to create a
beautiful and easy-to-use
website that provided residents
with quick and convenient
digital access to many of the
most requested transactions.

Before this collaboration,
Grand Rapids had an outdated
website that made it difficult for
residents to navigate and
access services. When services
were finally found, it then
required printing out forms and
sending them back via mail or
fax.

Within three months of launch, the City saw a 79% shift from offline to online interactions for its popular request to turn on water. In the nine months following, Grand Rapids was able to shift a further 235 services online, resulting in a 19% overall reduction of walk-ins to city hall, and a projection of $9.2m in cost savings and new revenue.

Granicus is proud to have partnered with Grand Rapids,
Michigan to develop an innovative digital services website that has transformed the way the city conducts its business with residents, businesses, and visitors. Since the launch of the OpenCities website, Grand Rapids has made over 257
services available online, enabling people to complete their city business anytime, anywhere, and on any device.

Watch the story here.

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Experience

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AUSTIN, TX: Secure Intranet
After a two-year,
resource-intensive
development cycle for its
Drupal-based City
website, the City of Austin
needed to explore a
more agile and
innovative approach to
deliver a new corporate
intranet for 13,000 staff
and 45 departments.

By partnering with
Granicus, in just three
weeks, the City of Austin
was able to not only
design, configure, and
populate its new intranet,
but also achieve full
integration with its
AzureAD authentication
to ensure every staff
member enjoyed a
personalized, single sign-
in intranet experience.

Today, city staff can use
their AzureAD login and
to securely access the
intranet anytime,
anywhere, on any
device, with a
personalized view of
content based on their
role within the
organization.

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Experience

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MIAMI, FL
www.miamigov.com
With a diverse
community of over
450,000 residents, the
City of Miami was
challenged to deliver a
new website that would
be both useful and
usable to everyone,
regardless of age,
technical ability,
socioeconomic profile,
or English proficiency.

Leveraging the Granicus
Digital Services
Academy, combined
with a phased launch
process, the City of
Miami revolutionized
how it engaged with
and delivered a new
website for its
community.

With the help of the
Digital Services
Academy, City staff
learned how to journey
map common customer
needs, and then simplify,
digitize, and test new
content and services
with the community.

Starting with a limited, service-focused Alpha site, which then evolved into a fully featured Beta website and ultimately replaced the legacy city website, the City of Miami engaged its residents along the entire journey, resulting in a uniquely customer- focused outcome.

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Experience

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KALAMAZOO, MI
www.kalamazoocity.org
At Granicus, we
understand that
creating a modern and
user-friendly website is
essential for
municipalities to keep
their residents informed
and engaged. The
community in
Kalamazoo, Michigan
faced challenges with
their city website,
including inconsistent
and outdated
information, as well as a
lack of an effective
search function. The city
needed a government
technology partner that
would improve usability
and consistency, while
also providing a cost-
effective platform.

Working with Granicus to implement their digital solutions OpenCities and OpenForms, the team at the City of Kalamazoo was tasked with streamlining their website and achieving a more consistent user experience overall. The OpenCities platform provided navigation recommendations and search and map functions, allowing users to find information quickly and easily. Additionally, the platform’s calendar and events functions were a major improvement in presenting accurate meeting information in a clear, visual format.

Kalamazoo staff was able to convert static PDFs into active content on pages, greatly improving the readability and usability of critical website content. These intuitive service pages now provide detailed information on processes and serve as helpful resources for both internal staff and Kalamazoo residents. The positive impact of Granicus’ OpenCities and OpenForms solutions has been widespread, with a 5% increase in users and a 10% increase in new website visitors overall. Site sessions increased by 22%, and pages per session decreased by 48%, suggesting that more people are using the site and finding what they need more quickly.

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Experience

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Portfolio of Additional Work
Granicus OpenCities websites can vary drastically in look and feel while still maintaining their accessibility and mobile responsiveness. Here are some of our favorite visual examples:

Alameda, CA
www.alamedaca.gov

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Experience

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Lakewood, CO
www.lakewood.org

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Experience

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Kirkland, WA
www.kirklandwa.gov

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Experience

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Lynwood, WA
www.lynnwoodwa.gov

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Experience

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Oro Valley, AZ
www.orovalleyaz.gov

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The City of Bell, CA
Website Redesign and Hosting Services
Project Team

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Project Team
Once a contract is signed, Granicus will assign a Project Manager and supporting team to your project. The Project Manager will be responsible for the project implementation from the contract signing to site launch, at which point the City will transition to a Customer Advocate, who will be your ongoing resource and main point of contact.

The role of the Project Manager is to define a timeline and set of goals with the City, and then ensure that they are met by the end of the project. The Project Manager will be supported by the Consulting Practice Lead, who runs workshops and trainings, as well as the Product Application Specialist, who helps clients creatively solve problems and maximize their use of the software. Our communication strategy is outlined in the Implementation Plan section of this response.

Granicus delivers an exceptional digital experience through technologies and services delivered by a highly collaborative multi-disciplinary team. Members are all aligned with the project’s documented goals. These skilled and experienced professionals help support your project through its lifecycle under the leadership of a Project Manager who serves as your single point of contact in helping you achieve your goals.

Team Roles
Role Description
Director,
Implementation
Services
• Has responsibility for the successful completion of the Project • Acts as a member of the Project Steering Committee
• Acts as a point of escalation for project-related issues • Provides adequate business resources for project work activities • Reports status and issues to VP, ES
Project Manager • Serves as client point-of-contact
• Coordinates resources and activities between client and cross- functional teams
• Establishes project timelines and dependencies
Implementation
Project Manager
• Module subject matter experts
• Has module-related decision-making authority
• Oversees the execution of respective module implementations • Facilitates module-specific communications with City
management teams and Granicus project teams
• Leads in module activities and deliverables
• Leads on module timelines, and milestones to ensure the team aligns to deliver the project
Implementation
Consultant
• Leads technology setup and configuration process and effort • Assists in defining the best use of module technology as it applies to relevant use case(s)

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• Provides training as it applies to the use of product modules UI/UX Designers • Leads on creation of digital templates and deliverables in support of defined use-case
Customer Success
Coordinator or
Customer
Advocate
• Schedules meetings with your team at designated intervals to check in on the progress being made toward achieving your digital transformation goals
• Ensures utilization of the platform to your utmost benefit • Helps you think creatively and strategically about the best ways to use the platform
• Offers suggestions for areas to improve your systems
• Ensures that you are aware of recent feature releases that are included in your subscription and upcoming roadmap items

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Org Chart

While several people will be involved in ensuring the success of your project, the key personnel assigned to your project will be drawn from the outstanding talent pool below.

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Implementation Team

Uriz Goldman, Director, Web Implementation
Uriz has been in the tech industry for over 20 years, with 18 of them focused on government website development. He is a technologist with a deep curiosity about human behavior. He has served multiple roles on the team, from Developer to Project Manager, to UX manager and other leadership roles. His combination of deep technical knowledge, design principles, and related disciplines allows him to lead highly efficient website delivery teams.

Trevor Wolter, Senior Manager, Project Implementation
Combining extensive experience in web quality assurance with collegiate training as a professional musician, Trevor has developed a holistic approach to project and team management to deliver results that don’t just adhere to specifications but do so in a way that is sensitive to the unspoken needs to create truly satisfying client experiences. Aiding these experiences are his keen sense for risk identification and management, process-oriented delivery, graphic design, and interpersonal communication.

Tera Myers, Manager, Web Development
Tera has been in tech for nearly 20 years. She began her career in graphic design and web development, working on various platforms.

Her widespread background has allowed her the ability to view all the moving parts from different angles; approach matters from someone else’s perspective, see the big picture in all ventures, and continue to evolve and adapt to each unique situation. Tera tends to wear many hats in her roles to optimize the planning, organization, and scheduling of projects. If you present her with an obstacle, she will figure out how to resolve it.

Kit Sullivan, Manager, UX Design
Kit is a skilled web designer and developer with over 15 years of experience designing and building responsive websites, as well as 5+ years leading impactful creative teams in both in-house and remote environments. She is an innovative thinker who welcomes challenges and looks for unique solutions to complicated problems with a user- focused approach to design and development.

Ashley Barrett, Content Migration Lead
With acute attention to detail and unwavering motivation, Ashley previously excelled in a Marketing & Sales career. Driven to learn something new, she joined the tech industry at the bottom, and a need for a more robust and centralized content migration system provided her with a pathway to leadership. Now with over 10 years in the industry, Ashley is laser-focused on guiding her team to set every customer and their website up for success.

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Liam McAloon, QA & Accessibility Lead
Liam has been with the company since 2015. His focus has been on the Granicus Web platform his entire tenure, supporting the needs of clients as they evolve. Liam began his career in support and worked his way up to QA. More recently, he has become an Accessibility Lead and has assisted hundreds of website implementations in ensuring equitable websites for clients.

Project Management Team

Carey Goodwin, Project Manager
Carey is an enthusiastic and efficient Project Manager with over 11 years of experience in website design/development and digital marketing. For the last 6 years, she has been managing digital projects for legal and now, government clients. Her organizational skills and ability to focus on the big picture while keeping track of details allow her to help her team deliver website solutions from start to finish.

David Cuevas, Senior Project Manager
David is an accomplished IT professional with a wealth of experience in business analysis, project management, and implementation management. He has extensive experience in various industries, including insurance, e-learning, financial, media and broadcast industries, and corporate environments. In addition to his technical expertise, David incorporates strong interpersonal skills and high energy to ensure a seamless and enjoyable implementation journey for his clients.

Jeremy Chan, Project Manager
A highly skilled Project Manager with a strong educational background in design and marketing, Jeremy is incredibly passionate about the role of design in government outreach, and he has made it his mission to create innovative website solutions that captivate and inform the public. He has successfully led numerous website projects for government agencies, including website redesigns, content management system implementations, and brand-new website developments.

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Kayla Rossi, Project Manager
Kayla is a Project Manager who has 5+ years of experience managing projects and 6+ years of experience with website administration. She balances being focused and process-oriented with a creative and open mindset. She is passionate about maintaining communication, organization, and collaboration throughout the project. Her goal is to provide both excellent customer service and successfully implement a website that is user- centered.

Kian Miller, Project Manager
Kian is a successful manager and solution-driven professional with extensive knowledge of managing key client accounts with familiarity and professionalism. He is an enterprising individual known for being self-motivated. A fast learning and meticulous problem solver, he serves as a key leader in executive presentations and cross-functional team facilitation, with a strong track record of effectively strategizing and streamlining areas in marketing and sales.

Lauryn Morstorf, Senior Project Manager
As a certified PMP, Lauryn has worked in GovTech for 7+ years implementing web projects throughout the U.S. and Canada. She serves as the main point of contact for project teams and drives client satisfaction in every interaction. Lauryn enjoys sharing best practice recommendations to help governments create a user- centered website.

Liz Crawforth, Project Manager
Liz is a PMP-certified Project Manager with over 5 years of experience helping government organizations implement website content management systems. She values efficient communication, organization, and creativity as integral components of a successful project management role. Liz enjoys planning, implementing, and monitoring projects from start to finish.

Petra Adams, Project Manager
With a background in process analysis and a passion for delivering high-quality web experiences, Petra is a Project Manager who knows how to get things done. She’s skilled at identifying areas of improvement and implementing workflow strategies that increase efficiency and drive results.

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Ryann Palmer, Senior Project Manager
With over nine years of experience in web project management, Ryann Palmer is a seasoned Senior Project Manager. She joined Granicus in 2018 as a Web Project Manager responsible for implementing local government websites. As a Senior Project Manager, she has led almost 100 web-related implementations, customization, and training projects. She takes great pride in her ability to consistently maintain high customer satisfaction. Ryann is a consummate professional who has built an impressive track record of delivering successful projects while keeping her clients happy.

Sarah Nelson, Project Manager
Sarah has over 9 years of experience in the GovTech space, having implemented government web projects in all 50 U.S. states and every Canadian province. She has an exceptional knowledge of web accessibility guidelines and usability best practices and drives client satisfaction through every interaction. Sarah enjoys connecting with her clients while balancing their goals with the needs of the site visitor.

Web Development Team

Gadiel Velasco, Web Developer
Gadiel is an experienced web developer adept at contributing to a highly collaborative work environment and finding solutions. With an eye for detail, he is constantly striving to meet client expectations and prioritizing end-user experience. Building a responsive and accessible website that is friendly and pleasing to the eye is his main goal. Researching and finding new technologies to further his goal.

Implementing these practices serves as motivation to continue looking for new ways to improve upon his current development skills.

Gerry Velasco, Senior Web Developer
Gerry is a senior developer with experience working with multiple CMS platforms. His keen interest in web technologies and how it intersects with human behavior has always been at the forefront of his work. He is constantly driven to find innovative solutions to problems, always prioritizing practicality and user experience above all else. In every aspect of his work, he understands that technology should serve people and not the other way around. This philosophy guides him in developing solutions that are efficient, practical, valuable, and user-friendly.

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Isaac Negatu, Software Developer
Isaac is a talented software developer with a passion for tackling complex challenges and delivering unique customizations. With exceptional problem-solving skills, he thrives in the dynamic world of software development, fearlessly taking on any task that comes his way. As a software developer, Isaac has honed his expertise in crafting innovative solutions that cater to specific needs. His dedication to teamwork and willingness to assist with various issues make him an asset to any project.

Jeff Gore, Web Developer
Jeff is a front-end web developer with a background in design, art, and engineering. He possesses a unique blend of skills that contribute to his success. His insatiable curiosity and intuitive understanding of construction and functionality drive his ability to excel in development. Jeff continuously evolves in his craft, staying at the forefront of web development trends and delivering cutting-edge solutions for clients.

John Vu, Senior Software Developer
John has been developing dynamic applications for the public sector since 2003. While much has changed since then, one constant has been his enthusiasm for adopting new technologies and paradigms to enhance citizen engagement and governance. John takes pleasure in the public service aspect of his work at Granicus and thrives on the challenges of enhancing product effectiveness and accessibility for all. Customers and team members value the unique perspectives and extensive experience he brings to each project.

Matt Weber, Senior Web Developer
Matt is a skilled front-end web developer with over 14 years of full- stack experience. His passion for CSS and user experience has driven him to become an expert in both areas, and he is well-known for his attention to detail and ability to create visually appealing and user- friendly interfaces. Currently, Matt is dedicated to pushing the boundaries of what can be achieved through CSS, constantly experimenting with new techniques and approaches.

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QA & Accessibility Team

Valli Valliappan, QA Specialist
Valli is based out of Seattle, WA, and brings years of software testing experience in web and mobile applications to the table. Before joining Granicus, she was working on freelance projects, training, and acquiring software testing certifications. Combining her skills, attention to detail, and international experience, she has brought a fresh look to the QA and Accessibility team.

Ray Yokel, QA Specialist
Ray is a longtime Granicus employee who has worked on and supported many of our different products. Bringing his cross-functional skill set and desire to provide high-quality websites to our clients, he has dived into learning the ins and outs of WCAG and is now bringing that to focus on the Granicus Web platform.

UX Design Team

Devin Walton, Web Designer
With nearly five years of experience at Granicus working with governments, both large and small, Devin Walton blends the roles of UX and Visual Designer. After receiving a BFA in interactive media, his career has led him from advertising firms working with Fortune 100 companies to architecture and restaurant groups. Today he takes pride in helping you craft a user-centered experience that makes users rethink what a government can be.

Ellie Burch, Web Designer
Ellie is a highly experienced Web Designer with over 9 years in professional design roles. Previously at agencies as a designer and art director, she has worked across multiple industries, including healthcare, real estate, art, and hospitality. Her passion for creating meaningful experiences that empower users to achieve their goals led her to specialize in web and UX design.

Grant Hasbrouck, Web Designer
Grant brings 12 years of design experience: 7 years with government clients, and 4 years at Granicus. He earned a Bachelor of Fine Arts in Graphic Design from UMD in 2013. His past positions include design and communications roles in the U.S. energy sector, and some notable past projects include infographics for the United Nations Climate Conference (COP23), the design of a mobile app, several brand systems, and countless graphic assets for action-goal environmental campaigns. Grant also volunteers with the MN chapter of the American Institute of Graphic Arts.

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Ian Roche, Senior Web Designer
As a highly motivated and results-driven Visual Designer, Ian has honed his skills in website design, UX research, developing and managing design systems, product design, branding, motion graphics, and team leadership. With 4 years in an agency environment and a decade of start-up experience, he has successfully launched dozens of websites, led teams, overseen rebrands, won awards, brought companies to market, and helped existing brands maximize revenue.

Jerrick Ebbah, Web Designer
Jerrick is a Visual Designer with more than 10 years of experience. In the last 5 years, he’s been primarily focused on website UX/UI design, working in different senior and lead designer roles. He brings in all the visual design expertise he’s gained over the years, combined with UX principles, to create solutions that help clients reach their goals.

Training Team

Brian Pope, Technical Trainer
Granicus clients depend on Brian to break down the daunting task of "what to do with our new website". Brian's core responsibilities are to facilitate and deliver training on our Content Management System.

Brian teaches all CMS Users the Best Practices of web content in an easy-to-understand series of training sessions. Not only is he an integral part of the Granicus Customer Experience due to his charm, but he also believes the Buffalo Bills have been designated as the "Official Football team" of Granicus.

Bill Howe, Technical Trainer
Bill is a Technical Trainer with over 20 years of experience. His focus at Granicus is Web UX facilitation and delivering training in the Content Management System. Bill strives to make the training content interesting, focused, and easy to understand. Working with new customers and helping them understand the intricacies of the CMS is what makes this position so enjoyable for him.

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Features & Functionality
Section B: Minimum Requirements

1. Website Redesign & Content Management System
Engagement & Communication
• Alerts & Notifications - Display alerts prominently on the website with notifications sent via email and text messaging to subscribers.

Yes, you can easily display alerts prominently on the website, and you can send notifications via email and text using our govDelivery solution. Emergency Alerts and Banners allow you to display important, timely information across the top of the website. Notifications support both plain text and hyperlinks to other important information. Text messaging and email notifications are available through our Communications Cloud module.
• Calendar - Update/publish calendars for departments/categories with a main calendar to display all events.

Yes, the proposed solution meets this requirement. In our CMS, you can create beautiful calendar views from any of your time-bound content such as events, works, projects, and initiatives, as well as content sub-filters (e.g., the ability to filter an events-based calendar by sub-topics such as sports, children's events, cultural events, etc.). This allows staff to create classes and display those class schedules within that event in the calendar.
• E-Notifications - Electronic subscription, scheduled notifications for email and SMS Yes, the proposed solution includes E-Notifications, and allows users to subscribe electronically. govDelivery's Communications Cloud provides a sign-up overlay that allows users to add their email address or mobile number to receive important notices. Users can set their preferences and have their sign-up validated via confirmation text/email.
• News & Announcements - Post news releases or updates dynamically to relevant pages based on category.

Yes, the proposed solution meets this requirement. Our CMS provides a structured proces
s for publishing news, events, and media releases and controlling where they are presented including the news directory, calendars across sites, your homepage, and department sections, as well as syndicating out to other websites or social media channels. The articles themselves can contain the critical items listed (e.g., date, department, summary, multimedia), and the CMS can intelligently recommend related articles or events based on how the City of Bell staff tag content. Our CMS provides a News Directory with the ability for residents to subscribe to the directory and receive automatic email updates when new content is published, and without the need for City staff to manually curate and send eNews. Residents can sign up for updates to specific events listings to ensure they

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are always up to date on the most recent events. Email subscriptions to page updates are also available.
• Request Tracking - Citizens can submit requests with automated workflow to correct individual/department with exportable statistics and reports.

Yes, site visitors can submit requests and track them through a robust back-end workflow upon submission that will route it to the correct staff members using OpenForms.
• Sharing Capability - Links to share content via email and social media on every page.

Yes, all pages are optimized to be shared via URL or email directly from the webpage itself as well as direct sharing to social media at a page level. • Website Visitor Profile - Visitors can pick and choose the information that automatically becomes fed to their profile upon site login.

The CMS does not require users to login in order to accomplish tasks online and does not store visitor information for visitor profiles. Contact information can be prefilled in forms using browser-stored information (without requiring a login). the City of Bell can use SAML-based SSO for products that require a resident login. • Website must be ADA compliant (Americans with Disabilities Act Standards for Accessible Design).

Every function is independently tested and validated to comply with the highest level of WCAG 2.1 AA/Section 508 ADA accessibility standards. This ensures that residents leveraging screen readers or other accessibility devices have equitable access to content. As an example, we've integrated ReadSpeaker and other on- screen accessibility tools for some of our customers. As a SaaS solution, the City of Bell also benefits from continuous testing against new accessibility standards as they are released, to ensure you always remain up to date, at no additional cost. • It is expected for the vendor to provide at least three (3) website mockup examples for the city before a final design or format is selected.

A Granicus Designer will work with your project team through a theme builder workshop and additional consultative sessions to incorporate City branding including fonts, colors, brand marks, and logos into a unique design and layout option. The Implementation Team will work with the City of Bell over two feedback and iteration rounds to refine these down to a single visually appealing design that reflects the City's brand identity.

Document Management
• Agenda Management - Upload existing, create new, categorize, approve, and manage agendas.

Yes, using the proposed solution the City can publish meetings, agendas, media record
ings, and attachments into a searchable directory that allows residents to search within documents and filter by meeting types and/or dates. Meetings details

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and documents are categorized in an intuitive listing and can also be presented in a calendar view.
• Archival of Recurring Documents - Store agendas, minutes, newsletters, and other documents
You can upload files one at a time or in bulk, and you can upload many file types, including documents, images, videos, and audio files each with full lifecycle management, version history, usage reports, and more. Granular permissions can be applied to control which files are available for specific sites (i.e., you can host files on the site without them being visible to all site visitors). The document library that is included in the solution can be used to store private documents as well as documents for public viewing on your website.
• Document Storage - Upload/download capability for files up to 1GB, back-end ability to search within published and unpublished documents.

Yes, the proposed solution will allow users to upload/download files up to 1GB (or larger). You can upload files one at a time or in bulk, and you can upload many file types, including documents, images, videos, and audio files each with full lifecycle management, version history, usage reports, and more. Granular permissions can be applied to control which files are available for specific sites. The proposed solution includes both photo album and document library features that can be used as a place for staff to download approved images for use.

The proposed solution's built-in search engine will search the content of documents as well as web content. The CMS search capability allows you to place best bets on search topics and prioritize how results surface as a user types in search queries.

Content Editors can also add keywords to individual pages to help prioritize those pages in the site search.
• Online Forms - Create unlimited customizable forms, track, and export results.

Yes, our OpenForms solution will allow the City to create unlimited customizable forms - and track and export the results. Utilizing OpenForms, the City of Bell will have the ability to create a wide range of self-service forms specific to each Department's needs ensuring that are assigned to the correct team members via a robust backend workflow when forms are submitted.

Our Forms Builder also provides an easy-to-use, drag-and-drop style interface to enable users of varying technical proficiencies to build beautiful, responsive, and accessible forms. Forms can be embedded onto any page of your site with robust features including a wide range of field types, collection of electronic signatures, allowing file uploads, and process payments utilizing a payment gateway. • Image Repository - Store images in a central location on website Yes, the City of Bell will be able to store images in a central location on the website.

You c
an upload image files (or other file types) one at a time or in bulk each with full lifecycle management, version history, usage reports, and more. Granular permissions can be applied to control which files are available for specific sites. The proposed solution includes both photo album (i.e., Image Repository) and

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document library features that can be used as a place for staff to download approved images for use.
• Rotating Photos/Banners - Slideshow capabilities
Yes, the proposed solution includes slideshow capabilities. Rotating slideshows are used to highlight visual content and to publicize events, facilities, and other items on your websites. They can be placed on your homepage or on any content type with a WYSIWYG editor and are available for your public site, subsites, and Intranet.

Information & Navigation
• Frequently Asked Questions - Ability to categorize FAQs by department or page.

Yes, the solution will allow the City to categorize FAQs by department or page.

Using the OpenCities accordion functionality, publishers can quickly create FAQ directories or embed section/content-specific FAQs directly into a page. • Directories for Staff - Ability to allow citizens to search for information about staff members.

In your internal-facing intranet, the Staff Directory can be searched and filtered by staff name, department, team, skill, or any other fields. Staff can easily self-manage their listing with additional skills, interests, languages, an image, and more to extend the usefulness of the directory. While this feature is not available on the public- facing website, you can easily create a Staff Directory using accordion design features on a dedicated page.
• Activities - Create classes, display class schedules, limit the number of people that can sign up per class, and email those who have registered for specific classes.

Yes, the proposed CMS allows staff to create classes and display those class schedules within that event in the calendar. City Staff can also limit the number of people who register for the class and allow residents to register themselves so that they can receive an email on the details of that class, and add it to their calendar. • Facility Management - Listings with maps, filtered search, and reservation capability.

The Events Module allows residents to easily find out what’s happening in the City of Bell through a filterable, searchable list, a map, or a calendar. All content can be indexed in site search so that it is easy to find and can be shared across sites automatically - for example, if there are library or theater events that need to be discoverable on the main site. When it comes to reserving facilities, Granicus can partly meet the requirement. The venue content type (when used with a slider/photo gallery and content lists to show related content) can meet all of requirements other than booking and availability, which would be handled by the City's venue booking platform.
• Online Job Postings and Application - Applicants can also create an online profile, fill out applications and attach additional documents.

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Utilizing existing content templates and publishing, residents can quickly find jobs and then apply online utilizing OpenForms in which residents can upload relevant documentation (i.e., attach additional documents) and receive updates on their application status via a robust backend workflow. The CMS does not require users to login in order to accomplish tasks online and the CMS does not provide an online profile for job applicants; however, contact information can be prefilled in forms using browser-stored information (without requiring a login). • RFP/RFQ/Bid Posting - Allow for easy posting of bids to the site.

Yes, the City of Bell can easily post RFP/RFQ/RFx bids to the site. Publishers can set a future date and time for publishing and expiring their content, including RFPs and other types of bids, whether it be a single page or a collection of pages. Content still needs to be approved via workflow but will be embargoed until the scheduled publication date and time. Site Managers can set up automatic review cycles based on content type (e.g., all general pages should be reviewed every 6 months from the date of publication), or allow publishers to select their own, more specific date (e.g., I want to review this page on August 27).

Administrative Features
• Browser Based Administration - Update, delete and create content from any device with internet access.

Yes, users can administer changes from any browser. Content creation and management inside OpenCities combines drag-and-drop and WYSIWYG technology with templated structured content to allow non-technical users to easily create and manage content from any browser.
• Content Scheduling - Set dates for content to automatically publish and expire.

Yes, publishers can set a future date and time for publishing and expiring their content, including RFPs and other types of bids, whether it be a single page or a collection of pages. Content must still be approved via workflow but will be embargoed until the scheduled publication date and time. Site Managers can set up automatic review cycles based on content type (e.g., all general pages should be reviewed every 6 months from the date of publication), or allow publishers to select their own, more specific date (e.g., I want to review this page on August 27).

Page owners are reminded of upcoming reviews via email and via the in-system dashboard.
• Intranet - Restrict pages by login.

Yes, intranet pages can be restricted by login.
• Permissions - Allow system administrators to establish levels of rights for staff to update/manage/access content based upon roles.

Yes, the proposed solution allows System Administrators to establish permissions based o
n a user's role. Site Managers can control granular levels of permissions for a range of system features, from publishing rights to section access, workflow rights,

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and much more. Role permissions (i.e., groups) are set up via a simple checkbox approach and then applied to individual users.
• WYSIWYG Live Editing - Add, edit, and move content directly on the front end of the site without the need to utilize or be trained in writing HTML or CSS code.

Yes, Content Editors can easily add items to a page through the WYSIWYG editor like calendars, maps, and accordions. Content editors can also easily embed items onto a page from external sources. The OpenCities theme builder also allows non- technical users to easily change components of the site, like background images and buttons without extensive CSS knowledge. Certainly, if someone on the team is comfortable with CSS coding, those more advanced edits can also be made. • Multilingual Support - Using Google Translate or similar.

Yes, the CMS allows you to curate multilingual versions of content that are too important to be auto-translated and fall back to Google Translate for all other, non- critical content. The multilingual experience extends across the entire site experience, from buttons to navigation menus, ensuring your website is truly universal and accessible to more people.
• Online Payments - Ability to accept secure online transactions.

Yes, the solution includes an out-of-the-box integration with Authorize.net, Stripe, and PayPal that will allow the City of Bell to accept secure online transactions.

However, if you are using a payment system that we don't directly integrate with, then we can have a discussion regarding other ways to go about integration such as building an API Connector.
• Printable Pages - Print-friendly function
Yes, our solution fully meets this requirement. All pages are optimized for viewing on any device and can be printed as needed.
• Responsive Web Design - Fully mobile responsive design - site adjusts to the screen size of all devices it’s being viewed on, includes forms, calendars, etc.

Yes, our solution is built to be mobile-first is mobile responsive. The proposed CMS doesn’t just scale the website down to mobile, it fully leverages device capabilities such as swipe gestures, GPS location, and camera features to reward mobile users with a more ‘app-like’ experience. As a SaaS platform, the proposed CMS continually updates your website for new devices and form factors, at no additional cost to the City of Bell.
• RSS Feeds - Registration by Department or Category
OpenCities outputs content to IFTTT whic h can then transform and output to other channels. We also have the ability for people to subscribe directly to any list view (e.g., news, events, etc.) using our subscription feature, or they can subscribe to an RSS feed you set up on any webpage. You can also post newsletters and other communications directly to an RSS feed on your website through govDelivery's Communications Cloud.

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• Site Search - Internal site search engine and log of search terms Yes, the proposed CMS includes a site search that will search the content of documents as well as web content. The CMS search capability allows you to place best bets on search topics and prioritize how results surface while a user types in search queries. Content editors can also add or log keywords to individual pages to help prioritize those pages in the site search.
• Site Statistics - Analytics and site audit reports
Yes, Google Analytics tracks site traffic across the website, and the Granicus team will help install the tracking code if it does not already exist. The CMS then displays these analytics directly in the custom user dashboards, if desired for easy graphical visualization. Top pages, the geography of site visitors, device type (e.g., mobile, tablet, desktop), and other metrics are all included in this integration with Google Analytics. Our solution also includes a built-in functionality to manage SEO and page metadata.
• Sitemap & Breadcrumbs - Automatically generated and updated sitemap and breadcrumbs
Yes, the City of Bell can create and submit a sitemap directly from the proposed CMS so search engines can better understand the structure of your site and show more accurate search results for it. It’s particularly useful to submit a sitemap when your site first goes live and when you make significant changes to your site structure.

Sitemaps, breadcrumbs, and friendly URL structures are automatically updated when content is added, edited, or removed from the website. • Social Media Interface - Display feeds and push to social media accounts Yes, the website module can push content published in our system to your social media platforms via IFTTT or pull content from your Facebook and Twitter and publish it in line with your website content. You have full control of settings including the channels you pull from, how many items, how they are visually laid out, and visual styling to match your website.

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

Yes, Granicus' solution meets this requirement. You will be assigned a Project Manage
r who is experienced in working with local governments to deploy government websites, subsites, and intranets. They will conduct regular project check-ins, schedule Granicus resources in line with your project plan, and be your primary point of contact for all project-related matters. We have provided more detailed information on our implementation methodology in the relevant sections of our response.

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

Granicus provides foundational training as part of the standard implementation process. This includes training sessions for both Content Authors and Site Administrators to ensure the City has the skills and knowledge in-house required to create, monitor, and iterate on content and digital services. Training for OpenForms will also include role-based training depending on what users are going to be doing in the system.

Granicus also provides comprehensive, unlimited technical support including:
• On Demand Videos – Step-by-step tutorial videos provide a quick overview of features and tools. These videos are particularly helpful for supplementing training, bringing new staff up to speed or providing refresher. • Live Chat – Initiate a chat from anywhere in the CMS. • Online Reference Material - Documentation is available throughout the application to help guide users through self-paced learning.

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

The proposed platform is backed by a comprehensive Service Level Agreement with 24/7/365 telephone support for Severity 1 requests, as well as online ticketing, email, and business hours-based support for all other requests. Our support team is U.S.-based. We also provide self-service training that can be accessed at any time (as long as you maintain a license/subscription for the service). Our SLA extends well beyond hosting performance and includes a full commitment to functional performance and warranty.
• Maintenance – The vendor shall continually work to enhance and update the systems. This should include, at a minimum, development, testing, backups, and regularly scheduled fixes, patches, and other enhancements.

Granicus will comply and can fully meet the requirement. The proposed CMS is a proprietary SaaS platform. All updates are deployed to the entire customer base at the same time. We aim for quarterly major releases and enhancements, with patches deployed as necessary.

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• Free website redesign services after 5 years at no cost to the city As a SaaS platform, our CMS provides regular upgrades including new backend functionality for site publishers and managers as well as front-end updates for browsers, devices, and design trends - all included as part of your SaaS subscription.

This ensures that your site is always up to date and never behind your digital standards.

Your staff will also have access to the theme builder which gives your team the flexibility to iterate on your site at any time simply by dragging and dropping template elements onto the layout canvas. You can control menus, search bars, banners, events listings, maps, and much more. Then, apply your colors, fonts, imagery, and CSS. What this means is that your team does not have to wait for the end of a five-year contract to keep your site looking fresh and modern.

Hosting & Security
• 99.9% uptime (outside of scheduled maintenance) guaranteed by Service Level Agreement
Granicus provides a 99.9% uptime guarantee, backed by a comprehensive Service Level Agreement, with 24/7/365 telephone support for Severity 1 requests, as well as online ticketing, email, and business hours-based support for all other requests. Our SLA extends well beyond just hosting performance and includes a full commitment to functional performance and warranty.
• U.S.-based, tier II data center with 24/7/365 system monitoring Yes, our solution actually exceeds this requirement as it is hosted in Microsoft Azure Government, a tier III data center and the world's most trusted enterprise cloud, our solution provides the highest in security, stability, and redundancy. With all data hosted entirely onshore in the US, Our solution is fully compliant with US Government data sovereignty laws.
*For more information, please visit the Microsoft Azure Trust Center* • Automated software updates and security patches and high-performance SAN with N+2 reliability
All policies and processes are governed by the controls dictated by the ISO 27001 and FedRAMP authorization that Granicus actively maintains. Granicus restricts and logs all access to our information security management systems. The entire infrastructure (application, database, servers/devices) is scanned monthly. A ticket is created for each identified vulnerability for tracking throughout the lifecycle, and an internal remediation timeline is set depending on the severity of the issue (high=30, moderate=90, low=180). Teams meet weekly to review the vulnerabilities and set timelines to ensure that issues aren't missed. We provide monthly updates of the platform, including all necessary OS patches. As we are a completely cloud- based solution, we don't have any physical hardware at all, so we have no storage array network (SAN) use.
• Minimum bandwidth of 22 Gb/s

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Yes, we provide ample bandwidth for an unlimited number of web viewers. • Disaster recovery process with a recovery time objective no greater than eight hours and recovery point objective no greater than 24 hours As per the service agreement, nightly snapshots of entire dedicated hosts assigned to the service are captured. Restoration points are available via replication for 1-60 minutes of failure or 6x nightly, 4x weekly, and 3x monthly nightly archives. RTO is 4 hours with an RPO of 5 minutes of point of failure for all critical failures within the control of Granicus. the City of Bell can contact the support desk, available 24/7 for severity 1 requests, to initiate a restore.
• Geographically redundant backups
As per the above stated SLAs, Granicus can fully meet this requirement. • DDoS mitigation with DDoS advanced security coverage options Granicus partners with Imperva for antivirus, Web Application Firewall, DDoS Protection, and Content Delivery Network provision. Data at rest is encrypted at the column level using AES 256-bit symmetric encryption. Data in transit is encrypted using SSL and securely transmitted using TLS 1.2 or higher.

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Future-Proof Your Digital Experience
Create a modern homepage. Leverage emerging UX patterns. Easily update your design. Deliver useful new functions for users without waiting weeks for web developers, or years for a full website
redesign process. The
OpenCities CMS lets you
take control of your
digital experience
without custom coding.

The OpenCities CMS
design engine provides
an evolving library of
user-tested, accessibility-
compliant, mobile-
optimized UI tiles that
can be assembled
based on your design,
content, and
functionality needs. And
because there is no
custom code involved,
these tiles automatically
update to support new
browsers, devices,
accessibility
standards, and
user experience trends, allowing your website to evolve in step with the world’s best practices in digital government, without the need for constant redevelopment.

With the ability to track and evaluate site usage and then update, preview, and publish your design changes within a single environment, the OpenCities CMS allows you to be more responsive to resident needs, and iterate faster than ever before.

Figure 1: Future-Proof Your Digital Experience

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Increase Customer Self-Service with Deep Data
People do not browse government websites like they would a news site or an online store. They come to get things done.

Leveraging
information from
millions of resident-
council interactions,
combined with your
site data,
OpenCities better
connects users to
the information and
services they need.

For example,
promote timely Top
Tasks based on
trending content,
location, and
seasonal patterns,
i.e., prioritizing tax
payments at a
specific time of
year, or prioritizing
location-based
tasks such as
reporting potholes
or graffiti for mobile
website visitors.

Or help users find
the right information every time with a predictive search experience that couples deep data with our proprietary local government thesaurus, which automatically bridges resident lingo (i.e., trash or garbage) with government legalese (i.e., waste collection department), helping residents quickly find what they need without needing to understand the language or structure of government.

Figure 2: Increase Customer Self-Service with Deep Data

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Increase Engagement with Timely, Relevant Content
Less looking, more discovering.

What if your website
could curate the specific
news, events, projects,
consultations, and
initiatives a user might be
interested in, based on
their implicit needs? The
OpenCities CMS allows
you to do just that by
surfacing content based
on customer journeys.

For example, generating
a landing page that
shows a user their
nearest dog off-leash
parks, upcoming pet-
friendly events, and City
of Bell news and
initiatives targeted at pet
owners, right after they
have completed their
dog registration.

Or showcasing kids’
events at the local library, learn to swim classes at the sports center, daycare centers in the area, and more, when a user has finished enrolling their child in a local kindergarten.

Best of all, once you’ve set up your taxonomy, the site automatically detects and serves timely, useful content to website visitors, without any additional effort from of your website publishers.

Figure 3: Increase Engagement with Timely, Relevant Content

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Create Once, Publish Everywhere
As residents access your City of Bell through an increasing array of channels and platforms, how do you ensure a consistent message?
The OpenCities CMS
reduces the effort and
complexity of multi-
channel communication
by allowing you to create
content once and present
it in many places (i.e.,
publish an event and
present it as a web page
on your main site, or
syndicated across your
entire network of websites,
within a monthly calendar
view, on a Google Map, in
your Twitter channels, or
send as an email
notification to subscribers).

Aside from all these
channels, with OpenCities
Content APIs, you can
output and render content
to any endpoint, such as a
digital display or
touchscreen kiosk.

By separating the information layer from the presentation layer, the proposed CMS allows you to conveniently manage more of your content within a single platform and output it to any end destination.

Figure 4: Create Once, Publish Everywhere

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Content Insights and Recommendations
The launch of your new website is just the start of
your digital transformation journey. The OpenCities
CMS provides the insights you to need make better,
data-driven decisions.

Customer Service Insights
What’s trending now? What services are people
using? What searches are trending? The Insights
Dashboard shows you a live view of what is
happening on your website, giving customer service
teams a crystal ball for the upcoming day by the
time they come into the office.

Homepage Recommendations
What services should be prioritized on your
homepage and when? Insights assess what is there,
and what is missing, and based on usage trends,
makes recommendations on which services or
content to remove or add to ensure an optimal
experience.

Tasking Dashboard
A personal dashboard keeps each publisher informed when content is approaching review or about to expire, page performance, feedback, workflow status, and more, keeping decentralized teams on track.

Content Recommendations
Based on user feedback, coupled with page traffic, the CMS will highlight and prioritize content that requires attention, helping you focus your time on improving content that drives the greatest impact.

Figure 5: Insights Dashboard

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Digital Forms and Workflow
Create Easy-to-Use Digital Services
Transform your static PDFs and offline forms into frictionless digital services anyone can use without custom development.

Digitize Almost any Form or Process
Give your residents the
ability to…
• Pay a ticket.
• Register a pet.
• Reserve a venue.
• Report a problem.

Whether it be permitting
and application forms,
reporting and request
forms, or booking and
payment processing
forms, OpenForms helps
you transform PDFs,
backend CRM requests,
and over-the-counter
interactions into
beautiful digital services
anyone can use.

And within your
organization, OpenForms
can help staff become
more efficient by
digitizing internal
checklists, paperwork,
and processes. Integrated with your intranet, staff details can be pre-filled to simplify form completion.

Figure 6: Digitize Almost any Form or Process

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Easy to Use, for both Residents and Staff
Government services can be
complicated, but the
experience for the residents
accessing them should not
be. OpenForms is perfect for
the business of government,
helping you convert multi-
page paper forms and
complex processes into
intuitive online forms that flow
based on customer
responses.

No need to wait for a
developer. Using a drag-and-
drop interface, non-technical
subject matter experts can
create and publish highly
functional online forms within
minutes and sophisticated
digital services within hours.

Accessible
By default, all forms are WCAG 2.1 AA / ADA Accessibility compliant, ensuring everyone in your community can be served online.

Works on All Devices
Your forms will work perfectly on all popular mobile devices, supporting touch gestures, GPS, and mobile cameras.

Multilingual
Publish forms in any language – including the ability to control microcopy (buttons and prompts).

Save and Continue
Allow customers to save their progress and complete a form later, even on a different device.

Digitize Payment Processes
Make it easy for residents to book and pay for anything online. From facilities to permits, infringements, fees, and more – OpenForms not only delivers easy online payments with integration into popular payment providers, but it can also dynamically calculate prices based on the information residents enter in the form.

Figure 7: Easy to Use, for both Residents and Staff

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Payment Gateways
Process payments
securely with support for
the most popular local
government payment
gateways.

Calculations
Use answers within your
form to calculate and
adjust payments on the
fly, or track data for
numerical fields.

Receipts
Generate a unique
receipt number to
reconcile payments with
financial systems, so
customers can track their
requests.

HTTPS/SSL Secure
All customer details and
payment details are
protected with the highest levels of SSL encryption and security.

Integrate with Internal Systems
Update your CRM. Capture
records in your DMS. Pre-fill forms
based on customer details.

Populate form pricing from third-
party databases. Pull the status of
a customer request from internal
systems. By connecting
OpenForms with your systems, you
can save time for both residents
and City of Bell staff. No more
manual re-keying of data into
internal systems for City of Bell staff
and faster form completion for
residents.

Figure 8: Digitize Payment Processes
Figure 9: Integrate with Internal Systems

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Submission APIs
Boost efficiency by submitting data directly into internal systems when a customer submits a completed form using OpenForms APIs.

Mid-Form Web Hooks
Validate or retrieve information while users are completing a form (i.e., auto-complete addresses, look up a payment notice).

Inherit Data
Pre-fill your embedded forms using data from the pages they are in (for example, auto- fill an event name for event booking forms).

Google Integrations
Autocomplete an address field as the user is typing or allow users to simply select an address via Google Maps.

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Measure and Improve with Data Insights
Measure the uptake and impact of your
digital services, identify, and analyze
bottlenecks, discover actionable
insights, and drive continuous
improvement.

The OpenForms Insights dashboard
extends the power of our forms
publishing engine with the usage
insights your team needs to accelerate
your digital transformation.

Measure What Matters
Visualize your digital transformation
outcomes with statistics for customer
self-serve, payments, customer service
time/cost savings, and more.

Identify Bottlenecks
Dive deeper with form, section, and
even question-level insights around
completion rates, errors, and
abandonment points.

Filter by Department
Filter reports by organization-wide or
department/team, overlaid by a time
period, to assess digital uptake over
time and by function.

Iterate and Track
Track form changes and assess
improvements to completion rates
based on those changes, via cohort
analysis.

Figure 10: OpenForms Insights

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Submission Workflow
Extend the power, versatility, and ease of use
of OpenForms to the backend processing of
inbound customer requests. The OpenForms
submission workflow allows you to configure
steps and business rules for what needs to
happen to process and respond to a
customer request, application, or inquiry.

OpenForms will then route the request across
departments and staff, as they quickly
review, act, and make decisions. Save time
and money and serve better with a beautiful,
easy-to-use workflow solution.

Workflow Builder
A drag-and-drop interface allows you to map
out all the steps and decision points for just
about any workflow.

Notify and Take Action
Automatically notify and remind reviewers that
they need to progress a response to the next
stage.

Review Center
Help reviewers keep on top of everything that
needs their attention with easy search, filtering,
and actions.

Close Comms Loop
Automatically notify customers at key stages of
the workflow process to keep them informed.

Enterprise Ready
Built for teamwork. OpenForms enables you to
decentralize forms publishing to more people,
apply user-level permissions for security, create
reusable fields for consistency, securely test
forms for quality, and retain form history for
record keeping. And it’s all validated for
Accessibility ADA compliance, hosted onshore
in compliance with Data Sovereignty, and
maintained to the highest level of data security standards.

Figure 11: OpenForms Workflow Builder
Figure 12:

OpenForms
Review

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OpenForms Capabilities

Users and
Permissions
Streamline
publishing across
your organization
by controlling which
users can view,
create, or manage
your organization’s
forms and
submissions.

Form Versioning &
Archiving
(Enterprise)
Draft changes to
forms, schedule
future publishing
dates, and revert
to older versions.

Form Testing
Securely share and
test your forms,
transactions, and
web services
before publishing.

Reusable Lists
Create ready-
made lists of
answers to auto-
complete text
fields as a user
type, or to auto-
generate radio-
button, checkbox
& dropdowns.

Reusable Field Sets
Accelerate form
creation with
reusable field sets
for common sets of
questions (e.g.,
create a 'Customer
Details' set which
includes Name,
Address, Phone,
Email).

Form Scheduling
Set a future date
and time to publish
draft forms and
choose when
forms should be
removed,
archived, and
retained for
record-keeping
purposes.

Workspaces
(Enterprise)
Organize your
forms into
categories that
reflect how your
organization works,
so everything your
authors need is
easy to find and in
one place.

Printable forms
Build and
manage all your
forms in one
place, and
generate
beautiful, print-
ready PDF
versions with your
branded header
and footer.

Key Features and Functionality
• Conditional Logic - Show or hide fields and sections based on user responses • Reusable Lists - Create pre-defined answer master lists, usable across forms • Inherit Data – Auto-complete fields using data from the page they are in • Form Sections - Create multi-section forms for longer requests • Repeatable Groups of Fields – Group fields together automatically to create repetitions and collect multiple answer sets to the same question • Google Maps - Allow customers to share their location on a map • Custom Themes - Personalize the look and feel of your forms • Email Notifications - Get notified when forms are submitted • Stop Logic - Prevent users from submitting requests under certain conditions • Accessible - All forms are WCAG AA 2.1 Accessibility compliant Enterprise
Enterprise

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• Calculations - Use answers to calculate price points
• Payments - Securely process payments via a variety of gateways • Hidden Fields - Streamline submissions with hidden, auto-populated fields • Field Sets – Create reusable field sets across forms (i.e., customer details) • Saved Reminders - Manage and send reminders for uncompleted submissions • User Permissions - Control who can view, create, and manage forms • Data Connections - Validate and receive data from your CRM and other systems • Form Scheduling (Enterprise) - Schedule future form publishing and update dates • End-Form Data Connections - Send form responses to your internal systems • Printable Forms - Convert online forms into print-ready PDFs • Insights Dashboard - Get useful and actionable insights to improve your forms • Test Forms - Share forms in test mode to get feedback • Answer Piping - Use responses to personalize subsequent form sections • Receipts - Generate form submission receipts to help users track their request • Multilingual - Publish forms in a variety of languages • Save and Continue - Allow customers to save and complete their responses later • Personalization - Personalize confirmation emails based on user answers • Digital Signatures - Allow users to add signatures to form submissions • Explainers – Add explainer text, images, and videos to your forms • HTTPS/SSL - Provide extra security with all forms delivered over SSL • Response Management - Control form submission responses • Email Reports - Keep stakeholders informed with weekly performance reports • Workspaces (Enterprise) – Organize forms and users into secure collections • Versioning (Enterprise) - Improve records via version history for every form • Workflows (Enterprise) - Create workflows to manage customer requests • Office Use Only Fields for Workflow (Enterprise) - Enable staff to add data to responses as they action them
• Microsoft Azure AD Connector (Enterprise) - Add-On Service – Connect OpenForms to your organization’s Microsoft Azure Active Directory

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Integrate with Internal Systems
We recognize that our platform is only one part of your technology ecosystem, and to work effectively, systems need to talk to each other. That is why the OpenCities CMS provides an open and flexible interface that can integrate with other systems and data sources, with out-of-the-box connectors for many of the most popular local government systems and fully documented APIs for custom integrations when needed.

Maps APIs
Using our Maps API, you can draw in trash pick-up schedules from your GIS system, use plot content from your GIS system on Granicus Maps, or highlight road works, projects, and closures as pins or lines.

Content APIs
Publish pages and lists dynamically based on information sets in your internal systems.

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Implementation Plan
Enhanced Package (12+ months)
The Enhanced package provides a resident-focused website with a robust UX process.

This package utilizes standard CMS functionality to create a modular homepage layout. It is recommended for organizations that have a small/medium website implementation team with the capacity to engage in a design process to feature their existing branding using proven design patterns for digital transformation.

Project Implementation
Over the last 20-plus years, Granicus has created hundreds of award-winning local government websites. We’ll bring this same expertise to your project, while also working to meet and exceed your unique organizational goals. Here are a few things you can expect from your partnership with Granicus.

Your Goals & The Granicus Difference
A digital front door experience that promotes community self-service across all departments.

Granicus believes your website should truly serve residents, making it easy for them to find and complete common tasks, like paying a ticket. Our data-driven approach will help identify top services and tasks so we can optimize the online customer journey.

Encourage engagement with timely, relevant content.

Connect with your residents in a whole new way. With Granicus, you can better engage residents by efficiently connecting them to the information and services they need. You may also want to consider govDelivery, enabling you to publish content to our network of 300M+ people.

A resident-centric design, release early and iterate often.

With our website offering, you can launch, gather feedback, and iterate to ensure you deliver a website that truly meets the needs of your residents.

A data-driven approach to the website redesign.

Our process takes the guesswork out of your website redesign by basing key project decisions on the actual data we collect about your website, not on opinions. As a result, your team will be informed and aligned.

A unified web presence with apps used by the City of Bell seamlessly integrated.

Extend the impact of your website with the Granicus platform – publ ish content to our
network of 300M+ citizens, simplify agenda creation, stream meetings to video, meaningfully engage your residents, and much more. You can also choose from pre- built integrations with best-in-class apps.

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Overview of Implementation Phases
Over the last 20-plus years, we’ve developed thousands of websites for some of the most progressive local government agencies. Lessons learned from this experience have helped us refine our process and deliver consistent, superior results. Here’s what you can expect.

Phase 1: Discover
Conduct an analysis to understand how your website is currently being used.

Phase 2: Design
Develop a website that reflects your community and brand and delivers a superior digital customer experience.

Phase 3: Develop
Refine your website content and implement the OpenCities website CMS solution.

Phase 4: Deliver
Train your team and launch your new website!
Phase 5: Evolve
Provide ongoing support and maintain a superior digital customer experience.

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Phase 1: Discover
GOAL
Conduct an analysis to
understand how your
website is currently being
used.

Deliverables
 Website Analytics
Report
 One (1)
Configurable
Wireframe

Toolkits
 Project Kick-off Kit
Granicus’ primary objective is to develop a website that makes it easy for people to find what they need and get things done online. To achieve this mission, our process begins with an extensive focus on customer experience
(CX), which helps us understand your unique community
and the tasks they are trying to accomplish on your
website.

Comprehensive Analysis
We’ll compile data in a variety of ways, including:
• Heatmap Analysis (Homepage): Heatmaps help us
gain an understanding of how people are currently
using your website and interacting with your content.

The information gathered helps us determine how to
organize content and information to best attract users
to your site and help them navigate efficiently.
• Web Analytics: We leverage data from your existing
Google Analytics account to understand the most
frequently visited pages, top referring sources, bounce rates, etc. This data supplements our heatmap analysis
to inform recommendations for your website.
• Community Survey: A survey of your community will
help us understand what kinds of tasks residents are
most frequently looking to complete on the site. Having anecdotal website feedback helps ensure we’re on
the right track.
• Stakeholder Survey: We also survey your internal
stakeholders to gather information on the current goals and tasks of your website from an internal point of
view.

Client Responsibilities
• Identify web team and responsibilities
• Complete stakeholder survey – this helps us understand your goals, expectations, audience needs, etc.
• Provide Granicus access to existing website analytics (Google Analytics)
• Participate in the website audit process; identify
content that needs to be archived or migrated
• Sign-off on wireframe
Website Analytics Report
Based on the results of our
research, our User
Experience Team will
compile a website
analytics report,
summarizing findings. This
document should be
shared internally to
provide alignment for key
project decisions.

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