Escondido City Council
June 14, 2023

422
Item11.

SECTION SEVEN| Keep the Plan Current
75 #2
Ensure the City’s MHCP Sub-area Plan incorporates current fire protection measures and implement fire measure in Daley Ranch, consistent with the existing Conservation Agreement and the Daley Ranch Master Plan.

Project Delayed
#3 Continue involvement in regional collaborative efforts between public and private partners in public education and disaster preparedness campaigns in High Hazard Urban Interface communities.

Project Complete
#4 Develop timeframes and funding mechanism for the ultimate replacement or renovation of the Dixon and Wohlford Dams.

Project on
schedule
#5 Limit hazardous materials transportation to hours of less traffic congestion as determined necessary through the environmental and developmental review process.

Project Complete

Below are related progress reports for these five priority mitigation actions (and 2 additional, cancelled actions) listed in the 2018 Plan:

Resolution No. 2023-64
Exhibit "A"

423
Item11.

SECTION SEVEN| Keep the Plan Current
76 Mitigation Action Progress Report Form

Progress Report Period From Date: 2018 To Date: 2022
Action/Project Title Action 6.A.4 - Continue to require residential fire sprinklers Responsible Agency Escondido Fire Department
Contact Name La Vona Koretke
Project Dates 2020
Project Status Project canceled, fire sprinklers now required by the State Fire Code.

Funding Source General Fund
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period? Residential Fire Sprinklers are now required by the Fire Code.

2. What obstacles, problems, or delays did the project encounter? None

3. If uncompleted, is the project still relevant? Should the project be changed or revised?

4. Other comments
This project is cancelled as fire sprinklers are now required by State Fire Code.

Resolution No. 2023-64
Exhibit "A"

424
Item11.

SECTION SEVEN| Keep the Plan Current
77 Mitigation Action Progress Report Form

Progress Report Period From Date: 2018 To Date: 2022
Action/Project Title Action Item 6 B.2 - Continue to ensure that all construction materials used during remodeling of structures in WUI areas are compliant with new building and fire codes for fire resistant construction including possible enhanced construction requirements for certain structures.

Responsible Agency Escondido Fire Department
Contact Name La Vona Koretke
Contact Phone/Email 760-839-5415 [email protected] Project Dates 2020
Project Status Project canceled as State fire and building code require all structures under construction comply with fire resistive construction.

Funding Source General Fund
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period? Construction Materials are now spelled out in the Building and Fire Codes

2. What obstacles, problems, or delays did the project encounter?

3. If uncompleted, is the project still relevant? Should the project be changed or revised?

4. Other comments
This project is cancelled as state fire and building code require all structures under construction comply with fire resistive construction.

Resolution No. 2023-64
Exhibit "A"

425
Item11.

SECTION SEVEN| Keep the Plan Current
78 Action Item # 1
Mitigation Action Progress Report Form

Progress Report Period From Date: 2018 To Date: 2022
Action/Project Title Priority Action Item #1 - Ensure the City’s Multiple Habitat Conservation Plan (MHCP) Sub-area Plan maintains current allowances for the removal of habitat as may be necessary to protect existing structures.

Responsible Agency City of Escondido
Planning Division
Contact Name Adam Finestone, City Planner
Project Dates 2018 - 2028
Project Status
Project delayed
The agencies developing the main portion of the MHCP plan have had the plan on hold and the City has no control of the timeline. We have been told that the primary agencies (County of SD is the (formal) lead agency, the California Department of Fish and Wildlife and US Fish and Wildlife Service) plan to begin working on the plan soon.

Funding Source General Fund
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period? There was no progress made during this reporting period.

2. What obstacles, problems, or delays did the project encounter? The primary agencies responsible for the main portion of the plan have delayed the project, but are expected to begin development in the near future.

3. If uncompleted, is the project still relevant? Should the project be changed or revised? Yes, the plan is required to remove vegetation in high-fire areas to mitigate wildland fire.

4. Other comments
This Action is being moved to the City’s Planning Department.

Resolution No. 2023-64
Exhibit "A"

426
Item11.

SECTION SEVEN| Keep the Plan Current
79 Action Item #2
Mitigation Action Progress Report Form

Progress Report Period From Date: 2018 To Date: 2022
Action/Project Title Priority Action Item #2 - Ensure the City’s MHCP Sub-area Plan incorporates current fire protection measures and implement fire measure in Daley Ranch, consistent with the existing Conservation Agreement and the Daley Ranch Master Plan.

Responsible Agency City of Escondido
Planning Division
Contact Name Adam Finestone, City Planner
Project Dates 2018 - 2028
Project Status o Project delayed
The agencies developing the main portion of the MHCP plan have had the plan on hold and the City has no control of the timeline. We have been told that the primary agencies (County of SD is the (formal) lead agency, the California Department of Fish and Wildlife and US Fish and Wildlife Service) plan to begin working on the plan soon.

Funding Source General Fund
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period? There was no progress made during this reporting period.

2. What obstacles, problems, or delays did the project encounter? The primary agencies responsible for the main portion of the plan have delayed the project, but are expected to begin development in the near future.

3. If uncompleted, is the project still relevant? Should the project be changed or revised? Yes, the plan is required to remove vegetation in high-fire areas to mitigate wildland fire.

4. Other comments
This Action is being moved to the City’s Planning Department.

Resolution No. 2023-64
Exhibit "A"

427
Item11.

SECTION SEVEN| Keep the Plan Current
80 Action Item #3 - Complete
Mitigation Action Progress Report Form

Progress Report Period From Date: 2019 To Date: 2022
Action/Project Title Priority Action item # 3 - Continue involvement in regional collaborative efforts between public and private partners in public education and disaster preparedness campaigns in High Hazard Urban Interface communities.

Responsible Agency Fire Department
Contact Name La Vona Koretke
Project Dates 2019 - 2021
Project Status o Project completed, quarterly community wildfire prevention meetings held between 2019 and 2021.

Funding Source
o General Fund
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period? Between 2019 and 2021; multiple agencies (CAL FIRE, SDGE, Fire Safe Council, Police and Fire) participated in quarterly community wildfire prevention meetings for the public.

2. What obstacles, problems, or delays did the project encounter? None

3. If uncompleted, is the project still relevant? Should the project be changed or revised?

4. Other comments
Resolution No. 2023-64
Exhibit "A"

428
Item11.

SECTION SEVEN| Keep the Plan Current
81 Action Item #4
Mitigation Action Progress Report Form

Progress Report Period From Date: January 2012 To Date: January 2023 Action/Project Title Priority Action item # 4 - Develop timeframes and funding mechanism for the ultimate replacement or renovation of the Dixon and Wohlford Dams Responsible Agency City of Escondido
Contact Name Angela Morrow
Project Dates 2012-2028
Project Status Action #4 - Project on schedule, significant milestones achieved, see information below.

Funding Source California Proposition 1E grant (secured) EPA WIFIA Loan (in progress)
Escondido water enterprise CIP fund (existing)
Summary of Project Progress for this Report Period

1. What was accomplished for this project during this reporting period?

During this reporting period, the design of the replacement of Wohlford Dam was finalized and the proposed replacement schedule was updated. The end date for the existing California Proposition 1E grant funding for the Wohlford Dam Replacement Project was extended an additional five years.

This was done when State Assembly Bill 692 was signed into law in 2021. The City of Escondido had applied for CA SRF funding and a FEMA BRIC grant for the Wohlford Dam Replacement Project, both of which were unsuccessful. The City of Escondido submitted a Letter of Interest to the EPA WIFIA Program for the Wohlford Dam Replacement Project. The Letter of Interest was accepted and the City was invited to apply for a WIFIA loan. The Escondido City Council approved the terms of a WIFIA loan in May 2022. It is anticipated that a WIFIA Loan for the Wohlford Dam Replacement Project will be fully executed before the end of 2022.

2. What obstacles, problems, or delays did the project encounter?

The estimated cost of the Wohlford Dam Replacement Project has increased significantly. Obtaining additional funding has been challenging. The City of Escondido had applied for CA SRF funding and a FEMA BRIC grant for the Project, both of which were unsuccessful.

3. If uncompleted, is the project still relevant? Should the project be changed or revised?

Resolution No. 2023-64
Exhibit "A"

429
Item11.

SECTION SEVEN| Keep the Plan Current
82 The replacement of Lake Wohlford Dam is still relevant because it has been determined that a portion of the dam has the potential to liquify in a large earthquake (7.5M+) and is a ma jor water storage for the City of Escondido and the Vista Irrigation District.

Resolution No. 2023-64
Exhibit "A"

430
Item11.

SECTION SEVEN| Keep the Plan Current
83 Action Item #5 - Complete

Mitigation Action Progress Report Form

Progress Report
Period
From Date: 2018 To Date:2022
Action/Project Title Priority Action Item #5: Limit hazardous materials transportation to hours of less traffic congestion as determined necessary through the environmental and developmental review process.

Responsible Agency City of Escondido
Planning Division
Contact Name Adam Finestone, City Planner
Project Dates 2018 - 2021
Project Status
Project closed
Manmade hazards were removed high priorities for hazard mitigation planning.

Funding Source General Fund
Summary of Project Progress for this Report Period

4. What was accomplished for this project during this reporting period? Conditions of approval were placed on one project to address transportation of hazardous materials.

5. What obstacles, problems, or delays did the project encounter? Staff capacity to address changes. Further, minimal pr ojects were processed where it would be appropriate/applicable to place conditions of approval related to this action item.

6. If uncompleted, is the project still relevant? Should the project be changed or revised? The issue is still relevant; however, it is not applicable to this plan as it is a man-made hazard.

7. Other comments

Resolution No. 2023-64
Exhibit "A"

431
Item11.

SECTION SEVEN| Keep the Plan Current
84 7.2. Plan Update Evaluation

Plan Section Considerations Explanation

Planning
Process
Should new jurisdictions and/or
districts be invited to participate in
future plan updates?
Yes, Considering the new drought hazard, working with
other water districts and the public is important to future planning.

Have any internal or external agencies
been invaluable to the mitigation
strategy?
Ca State Fire Marshal Staff
SD County Fire Authority
Can any procedures (e.g., meeting
announcements, plan updates) be
done differently or more efficiently?
Providing virtual meeting options may promote additional participation.

Has the Planning Team undertaken
any public outreach activities?
The Fire department has reached out to additional
agencies to assist with wildfire education. These agencies include Fire Safe Council, Local Utilities, Local Regional Fire Agencies and CAL FIRE.

How can public participation be
improved?
Additional staff and an investment in technology will
improve the ability to engage and maintain public
involvement.

Have there been any changes in public
support and/or decision- maker
priorities related to hazard
mitigation?
Adding climate change related hazards, Drought and
Extreme Heat has changed our focused on additional
Hazard-mitigation actions.

Capability
Assessment
Have jurisdictions adopted new
policies, plans, regulations, or reports
that could be incorporated into this
plan?
Escondido has attempted to capture newly-adopted
policies, plans, and regulations into this plan.

Are there different or additional
administrative, human, technical, and
financial resources available for
mitigation planning?
Not at this time
Are there different or new education
and outreach programs and resources
available for mitigation activities?
Not at this time, but will be developed as a result of this plan.

Has NFIP participation changed in the
participating jurisdictions?
No
Has a natural and/or technical or
human-caused disaster occurred?
Coronavirus Pandemic
Resolution No. 2023-64
Exhibit "A"

432
Item11.

SECTION SEVEN| Keep the Plan Current
85 Risk
Assessment
Should the list of hazards addressed in
the plan be modified?
Escondido has modified the list of hazards for the City in this plan.

Are there new data sources and/or
additional maps and studies available?
If so, what are they and what have
they revealed? Should the information
be incorporated into future plan
updates?
Not at this time.

Do any new critical facilities or
infrastructure need to be added to the
asset lists?
No
Have any changes in development
trends occurred that could create
additional risks?
No, development trends are accounted for in this plan
and the City’s General Plan to account for any
potential/additional risks.

Are there repetitive losses and/or
severe repetitive losses to document?
Yes. According to the 2022 FEMA Repetitive Loss Summary Report, the City of Escondido has 4 Repetitive Loss
properties and 1 Severe Repetitive Loss property.

See Table 14 in the County Base Plan Section 5.2.6
TABLE 13: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 7.2 DATA.

Plan Section Considerations Explanation

Mitigation
Strategy
Is the mitigation strategy being
implemented as anticipated? Were
the cost and timeline estimates
accurate?
Yes for some, however, there are external agencies that are delaying a few of our priority action items.

Should new mitigation actions be
added to the Action Plan? Should
existing mitigation actions be revised
or eliminated from the plan?
New Mitigation Actions have been added to the plan as a result of the reevaluation of our hazard review. New
priority action items have also been added.

Are there new obstacles that were not
anticipated in the plan that will need
to be considered in the next plan
update?
Yes – unanticipated schedule delays from outside
agencies and funding have delayed a few of our action
items.

Are there new funding sources to
consider?
We continually work to identify new funding sources.

Have elements of the plan been
incorporated into other planning
mechanisms?
Yes, aspects of the plan have been incorporated into the General Plan, including the Safety Element.

Was the plan monitored and
evaluated as anticipated?
No – However, additional persons of responsibly have
been added to improve plan monitoring and evaluation.

Resolution No. 2023-64
Exhibit "A"

433
Item11.

SECTION SEVEN| Keep the Plan Current
86 Plan
Maintenance
Procedures
What are needed improvements to
the procedures?
COVID-19 greatly shorten the development time for the
plan. The city is also putting new process in place to
improve the provcess.

TABLE 14: FEMA LOCAL MITIGATION PLANNING HANDBOOK WORKSHEET 7.2 DATA CONTINUED.

Resolution No. 2023-64
Exhibit "A"

434
Item11.

APPENDICES
87 Appendices:

Worksheets 6.2 – New Priority Action Items added to the plan

New Priority Action Item #3

Jurisdiction: City of Escondido
Mitigation Action/Project Title: New Priority Action Item #3 - Infrastructure improvements for flood zone mitigation Hazard Mitigated: Flooding or Dam Failure
Background/Issue: Protect residential, commercial, and industrial properties. Storm drain is undersized in the flood zone areas.

Ideas for Integration: Review new hydro reports, design for upsizing pipes, construction of infrastructures Responsible Agency: City of Escondido
Partners: FEMA
Potential Funding: Cal OES, HMGP, CBDG, City funds, FEMA match Cost Estimate: $34,000,000
Benefits: (Losses
Avoided)
Reduction of property damage, loss of life, no flooding, increase in property value Timeline: 2023-2028 (design, construction, and apply for funding) Priority: Moderately high
Worksheet Completed by:

Lonnie Druliner, Engineering Dept.

Resolution No. 2023-64
Exhibit "A"

435
Item11.

APPENDICES
88 New Priority Action Item #5:

Jurisdiction: City of Escondido
Mitigation Action/Project Title: New Priority Action Item #5 – Develop and publish an “Extreme Heat Action Plan” Hazard Mitigated: Extreme Heat
Background/Issue: While the city has established 3 cool zones for extreme heat events, the City does not have a plan that defines what constitutes an extreme heat event, how to notify residents, or to check on at-risk populations.

Ideas for Integration: Develop and publish an “Extreme Heat Action Plan” identifies areas (cool zones, pools, parks) for residents, including the elderly, persons with disabilities and other at-risk populations during an extreme heat event. The plan will define what constitutes an extreme heat in the City of Escondido and how to message the public.

Responsible Agency: City of Escondido – The lead department will be Emergency Management Partners: FEMA, NWS, CAL-OES, County of San Diego, faith-based organizations Potential Funding: General Fund
Cost Estimate: Staff Time
Benefits: (Losses
Avoided)
With longer extreme heat events, the plan will assist the city with planning and notification leading to fewer heat related medical calls
Timeline: 2023-2025
Priority: Moderately high
Worksheet Completed by:
(Name/Department)
Jeff Murdock, Emergency Management Department

Resolution No. 2023-64
Exhibit "A"

436
Item11.

APPENDICES
89 Worksheets 7.1 – Mitigation Action Progress
Changes from the 2010 plan

A few of the changes from the 2010 Hazard Mitigation Plan to the 2018 hazard Mitigation Plan were not implemented. Supporting documentation is provided in separate documents. Included with this annex are two documents presented to our city council showing the intended changes from 2010 to the 2018 Plan. The first document “HazMit Plan 2017 Sections 1-7 Rev 9-25-2017 Escondido Edits.doc” contained all the Escondido edits with track ing changes turned on . The second document “08.08.18 Attachment 1.pdf” was a summary of the changes made to the 2018 version from the 2010 version to assist councilmembers to easily identify the changes.

The following is a list of Escondido changes that did not make it into the County’s final 2018 version of the “Multijurisdictional Hazard Mitigation Plan”:

Should have been removed from the 2018 plan:

Action 5.D.1 - Continue to perform preventative maintenance and inspection of buildings/structures that utilize roof drain inlets, piping and sub-structures • Action 5.D.1 was completed in the 2010 and not needed in the 2018 plan. Action 5.D.1 is not included in this plan.

Missing modification from 2018 plan
Action 2.A.1 - Continue to assist local mobile home parks with their community preparedness plans, including presentations at meetings of park residents. • Action 2.A.1 – This action was dropped from the 2018 plan. This has been corrected in this plan and Objective 2A actions reordered.

Action 2.C.2 - Continue to offer Fire Safety in the Workplace/Fire Extinguisher Training to businesses.
• Action 2.C.2 – This action was dropped from the 2018 plan. This has been corrected in this plan.

Resolution No. 2023-64
Exhibit "A"

437
Item11.

STAFF REPORT

June 14, 2023
File Number 0600-10; A-3462

SUBJECT

CITY WEBSITE CONSOLIDATION, UPGRADE, AND CIVIC ENGAGEMENT PROJECT UPDATE AND

APPROVAL

DEPARTMENT

Communications

RECOMMENDATION
Request that the City Council adopt Resolution No. 2023-71 authorizing the Mayor to execute a Master Services Agreement with CivicPlus for implementation and hosting of the City’s new website. The five- year contract total is $232,706.23.

Staff Recommendation: Approval (Communications: Joanna Axelrod, Deputy City Manager / Director of Communications and Community Services)
Presenter: Teresa Collins, Deputy Director of Communications

FISCAL ANALYSIS
The total five -year investment for the design, hosting, training, consulting, testing, maintenance, and redesign at year four of the new website is $232,706.23. The majority of th is project is funded through American Rescue Plan Act monies and will have no General Fund impact until year 5 at which time the cost will be $7,956.26 . Beyond that, annual hosting services costs will be included as part of the Communications General Fund operating budget.

BACKGROUND
The City of Escondido’s website is the primary digital platform used to engage with the public and to share information regarding City operations, initiatives, and services. The current website’s Content Management System (CMS) is used by all City departments to create, share, and publish information , including public noticing of federal and state-mandated information. All content is updated and managed by the respective City departments with general oversight and support from the Communications department. The current CMS is an internally hosted , open-source solution deployed in 2010 . In early 2018 with direction from the City’s leadership, City staff updated the look and structure of the website 438
Item12.

with a facelift and reorganization of the home page, which is the current status of www.escondido.org.

Shortly after the updates to the main website, City staff updated the look and organization of the Police, Fire, and Recreation websites to fall in line with the look of the City’s main site. The Escondido Public Library’s website underwent an update when it launched its new logo and branding in 2019.

While the City’s current website software has served the community for many years , City Leadership tasked Information Systems and Communications staff to research and recommend a new website and resident engagement platform that improves the visitor experience by making information easier to find while promoting civic engagement.

A CityWide project team was assembled with representation from Information Systems, Communications, Finance, Library, Police, Fire, Economic Development, Development Services, and Community Services .

The team sought a qualified vendor with local government website design and consultation experience that could provide software, website and intranet design, content management services, hosting services and would lead and facilitate the consolidation and conversion of the City’s current websites. To accomplish this, the project team identified the key outcomes for a successful vendor partnership - improved public experience and an easy-to-navigate CMS system for internal staff to update web content.

The project team began meeting in October 2022 and broke this project out into three phases:
 Phase 1 – Research and vendor selection
o Develop and publish an RFP for a government-focused web consultant or firm, select the best proposal, and engage services.
o Completed in March 2023
 Phase 2 – Implementation
o Follow the lead of the consultant/vendor to implement new website software and hosting services.
o Current phase in progress
 Phase 3- Testing
o Will be led by the consultant/v endor and address additional needs , including engagement, migration/re-entry of the website content, and cutover to the new website. o Final phase of the project
The project team also identified the following key benefits of investing in a new website, community engagement, and outreach platform, including:
 Increased transparency by ease of use
o An easy-to-navigate website helps build trust in the information the City shares.  More opportunities to interact online
o More City services like special event permits, surveys, and easy-to-find processes provide the community an easier avenue to communicate with City staff and leadership.  Information accessibility for all
439
Item12.

o Prominent embedded translation capabilities and a fully ADA-compliant website ensures equity of information for those who access information via assistance devices or those who are not native English speakers.
 Leading with current best practices
o By partnering with a leader in the government website space, we can be assured that the City’s website consultation services with be on-trend and forward-thinking.  Vendor partnership
o Ongoing work with the vendor via a dedicated customer success manager ensures the City’s web platform will stay optimized and up-to-date.

In December 2022, staff issued a Request for Proposals (RFP) to solicit competitive bids to identify a vendor for the website update project. The proposal required respondents to be able to provide a robust offering of technical and communications-focused functionalities. Some of the highlights include:
 The City’s new website will be easy to navigate, user -centered, and accessible to all individuals served by the City of Escondido.
 The public will be able to engage with the City, submit requests, and initiate processes.  The City’s new website will incorporate a “mobile first” design to provide accessibility for all device users.
 In addition to upgrading the City’s main website, the following websites will be consolidated into the City’s main site: Police, Fire, Recreation, and Library. The employee intranet will also be updated.

Eight proposals were received. In January 2023, each proposal was carefully reviewed and rated by the evaluation team, which was comprised of staff members from multiple City departments. Supplemental questions were sent to the top candidates after initial ratings, and demonstrations were conducted with the top four vendors in February 2023 . Finalist intervi ews were then conducted with the top two candidates. While all four finalists met all the criteria and needs of the project, CivicPlus was selected by staff for its product features, including communications tools and user accounts, consultation services for design, and its deep experience working with municipal clients. CivicPlus also had a competitive project cost. Staff recommends that the City enter into an agreement with CivicPlus, a platform that features a flexible, user-friendly civic engagement platform.

Per the Scope of Work, CivicPlus will deliver a new website that is user-centric (fully ADA -compliant), mobile-focused first, easy for the public to use, promotes transparency and accountability, search friendly for users without knowledge of local government structure, includes analytics, simple and intuitive content editing tools, and straightforward methods to keep all site content up -to-date. The analytics or metrics of the site will include data on user behavior, devices, and experiences that will allow staff to make improvements in content and navigation. Highlights of the Scope of Work include:

440
Item12.

 CivicEngage
o CivicEngage is custom-built to provide the tools needed to engage citizens, provide up - to-date, easily accessible information, and foster a more involved community.  Hosting & Security
o Extensive industry -leading processes and procedures for protecting and hosting our website.
 ArchiveSocial
o Connects directly to the City’s social networks to capture and preserve all the content the City posts and engages with, in context and in near-real-time.  Merger Management
o The City will be paired with a Customer Success Manager from CivicPlus , that will help City staff navigate the merger in an efficient and successful manner.  CivicPlus Chatbot
o This advanced technology combines the power of site search and artificial intelligence (AI), to deliver exceptional customer experiences to people using the City’s website.  Content Development
o A CivicPlus web content specialist will guide City staff in content development , ensuring the application of industry best practices for usability and accessibility.  System Training (virtual and on-site)
o A CivicP lus trainer will deliver virtual and on -site training sessions for City staff administrators and users.
 On-site User Testing
o User testing will verify that the website is easy to navigate and provides residents with the information they need before launch. After launch, user testing can be leveraged as a tool for continuous improvement and to guide decisions for website maintenance.  Year 4 redesign
o The contract includes a redesign of the website in year four.

The City’s new website and engagement platform will provide a space to improve communication and engagement with residents. Features such as online forums, feedback forms, and newsletters will be integrated to facilitate two-way communication, enabling residents to voice concerns, provide feedback, and participate in community discussions. Residents will be able to opt-in for information they select, and the City will be able to maintain interested party lists for future communications. In addition, a strong new website will support opportunities to amplify the work the City is doing around Economic Development.

The website will create a space to strengthen the ties to the City’s identity while providing information for future development. While the City uses various portals, the goal is for the visitor to b e able to attain all necessary information and interactions securely utilizing technology -based solutions. Social media integration will also help promote City events, initiatives, and news, reaching a wider audience and fostering civic participation. With built-in analytics, staff will leverage data to gather insights on user behavior, popular services, and areas of improvement. These analytics can inform data -driven decision- 441
Item12.

making, allowing the City to more effectively allocate resources, optimize service delivery, and better tailor content to meet the needs of the community.

RESOLUTIONS
a. Resolution No. 2023-71
b. Exhibit A – Resolution No. 2023-71

442
Item12.

RESOLUTION NO. 2023-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A MASTER

SERVICES AGREEMENT WITH CIVICPLUS FOR WEBSITE

CONSULTING, REDE SIGN, CONSOLIDATION, AND

HOSTING SERVICES

WHEREAS, the City of Escondido has a need to acquire professional services for consulting, designing, and hosting of the municipal website; and
WHEREAS, City staff posted a Request for Proposals (RFP) for qualified candidates to provide the needed services for the project; and
WHEREAS, after reviewing all RFP responses, CivicPlus was found to be the best candidate for the project; and
WHEREAS, CivicPlus has submitted a proposal indicating they will provide professional services for the design and hosting of the municipal website for an amount not to exceed $ 232,706.23 for five years; and
WHEREAS, City Staff recommends that it is in the best interest of the City to award a Master Services Agreement to CivicPlus for professional design services and hosting of the municipal website.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California as follows:

1. That the above recitations are true.
443
Item12.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Master Services Agreement in the amount of $232,706.23 with CivicPlus which is attached to this Resolution as Exhibit “A” and incorporated by this reference, subject to final approval as to form by the City Attorney. 444
Item12.
c
ivicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 CivicPlus Master Services Agreement
This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the customer entity identified on the SOW (“Customer”). This Agreement governs the use and provision of any Services purchased by Customer, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer. CivicPlus and Customer referred to herein individually as “Party” and jointly as “Parties”.

Recitals
I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general management software solutions, platforms and associated services (the “Services”); and
II. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Customer and CivicPlus agree as follows:

Agreement
Term & Termination

1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer’s non-payment. Upon termination for Customer’s breach, Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.

2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy Resolution No. 2023-71
Exhibit "A"

445
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid.

Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement.

3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services.

Invoicing & Payment Terms

4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer’s request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee to be added to the mailed invoice.

5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation of Services for non-payment.

6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer.

Ownership & Content Responsibility

7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.

8. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and Resolution No. 2023-71
Exhibit "A"

446
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third- party rights.

9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services.

10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.

12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed.

Customer shall not copy, download, distribute, or make derivatives of the Documentation.

13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing Resolution No. 2023-71
Exhibit "A"

447
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services.

14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services.

Indemnification

15. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement.

CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying (within 30 business days) the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CivicPlus sole control of the defense or settlement of the claim. The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Client Content.

Responsibilities of the Parties

16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer.

17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.

18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions.

Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s intellectual property rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes.

Resolution No. 2023-71
Exhibit "A"

448
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Customer Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information; and (f) use the Services only in accordance with applicable laws and regulations.

20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property.

21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with.

22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period.

Data Security

23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer’s accounts are past due and unpaid as set forth in this Agreement.

24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Customer’s Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings.

25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Customer. In connection with any such third-party application Resolution No. 2023-71
Exhibit "A"

449
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to Customer Data as required for the interoperation of such third-party application with the Services. The use of a third-party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Customer's use of such third-party application.

26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.

CivicPlus Support

27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new).

28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves.

29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW.

30. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible.

Marketing

31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Client’s instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld.

Resolution No. 2023-71
Exhibit "A"

450
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

Insurance

32. CivicPlus will maintain during the entire Term of this Agreement, at its own expense, the types of insurance coverage specified below, on standard policy forms and with insurance companies with at least an A.M. Best Rating of A- VII authorized to do business in the jurisdictions where the CivicPlus’ Services are to be performed. CivicPlus agrees to deliver to Customer a certificate(s) of insurance evidencing the coverage specified in this section. CivicPlus will be solely responsible for any deductible or self-insurance retentions. Such insurance coverage will be primary and any other valid insurance existing will be in excess of such primary insurance policies.

33. Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. This policy shall name Customer as additional insured with respect to the provision of services provided under this Agreement.

This policy shall include a primary noncontributory endorsement for the benefit of the Customer.

34. Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. This policy shall include a waiver of subrogation for the benefit of the Customer.

35. Cyber Liability (Errors & Omissions). Insurance with not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by CivicPlus in this agreement.

36. If CivicPlus maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by CivicPlus.

37. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed three times the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability. CivicPlus liability arising out of or related to CivicPlus’s indemnification obligations set forth in Section 15 of this Agreement, Will not exceed CivicPlus’s applicable insurance policy limits.

38. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement.

39. The liabilities limited by Section 32 and 33 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Customer’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible.

Warranties and Disclaimer

40. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer’s billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound.

Resolution No. 2023-71
Exhibit "A"

451
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

41. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus.

42. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL

WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING.

43. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,

DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY

CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Force Majeure

44. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control.

Taxes

45. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses.

Other Documents

46. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, Resolution No. 2023-71
Exhibit "A"

452
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement.

Interlocal Purchasing Consent/ Cooperative Purchasing

47. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Customer’s home-state to purchase at the SOW prices and specifications in accordance with the terms stated herein.

48. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms.

Miscellaneous Provisions

49. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall not void, affect the validity or enforceability of any other provision of this Agreement.

50. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

51. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating legal action.

52. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Customer.

53. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email and through its website.

Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days receipt of notice of such update.

Resolution No. 2023-71
Exhibit "A"

453
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

Federal Fund Provisions

54. The Parties acknowledge that “American Rescue Plan Act (“ARPA”) funds” awarded by the Federal Treasury Department (“Federal Awarding Agency”) will be used to fund all or a portion of this Agreement. The CIVICPLUS shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such federal funds.

55. Clean Air Act. CIVICPLUS agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CIVICPLUS agrees to report each violation to the CUSTOMER and understands and agrees that the CUSTOMER will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.

CIVICPLUS agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.

56. Federal Water Pollution Control Act. CIVICPLUS agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

CIVICPLUS agrees to report each violation to the CUSTOMER and understands and agrees that the CUSTOMER will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CIVICPLUS agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.

57. Debarment and Suspension.
a. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CIVICPLUS is required to verify that none of CIVICPLUS’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
b. CIVICPLUS shall comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction CIVICPLUS enters into. c. This certification is a material representation of fact relied upon by the CUSTOMER. If it is later determined that CIVICPLUS did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in addition to remedies available to the CUSTOMER, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

58. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). a. Prior to entering into this Agreement, CIVICPLUS shall file the required certification pursuant to the Byrd Anti- Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the Federal Awarding Agency. b. Required Certification. At the time CIVICPLUS executes this Agreement, CIVICPLUS shall provide the CUSTOMER with a completed Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying. A blank Resolution No. 2023-71
Exhibit "A"

454
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying is attached to this Agreement as Attachment “A” and incorporated herein by this reference.

59. Procurement of Recovered Materials. In the performance of this Agreement, CIVICPLUS shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (1) competitively within a timeframe providing for compliance with the Agreement’s performance schedule, (2) meeting Agreement performance requirements, or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines website, located at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program . CIVICPLUS shall also comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

60. Access to Records. The following access to records requirements apply to this Agreement: (1) CIVICPLUS agrees to provide the CUSTOMER, the Federal Awarding Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of CIVICPLUS that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

CIVICPLUS agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. CIVICPLUS agrees to provide the Federal Awarding Agency Administrator or their authorized representatives access to construction or other work sites pertaining to the work being completed under this Agreement. In compliance with the Disaster Recovery Act of 2018, the CUSTOMER and CIVICPLUS acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the Federal Awarding Agency Administrator or the Comptroller General of the United States.

61. Federal Awarding Agency Seal, Logo, and Flags. CIVICPLUS shall not use the Federal Awarding Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal Awarding Agency officials without specific Federal Awarding Agency pre-approval.

62. No Obligation by Federal Government. The United States Federal Government is not a party to this Agreement and is not subject to any obligations or Agreement to the CUSTOMER, CIVICPLUS, or any other party pertaining to any matter resulting from this Agreement.

63. Program Fraud and False or Fraudulent Statements or Related Acts. CIVICPLUS acknowledges that 31 U.S.C.

Chapter 38 (Administrative Remedies for False Claims and Statements) applies to CIVICPLUS’s actions pertaining to this Agreement.

Resolution No. 2023-71
Exhibit "A"

455
Item12.

civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

ATTACHMENT “A”
Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
•
CivicPlus, LLC certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

_______________________________________
Signature of Authorized Official

_______________________________________
Name and Title of Authorized Official

____________________
Date

Resolution No. 2023-71
Exhibit "A"

456
Item12.

STAFF REPORT

June 14, 2023
File Number 1120-70

SUBJECT

CONSIDERATION OF THE TINY TOTS PROGRAM

DEPARTMENT
Community Services

RECOMMENDATION
Request the City Council provide direction as to whether the Tiny Tots Program should be included in the FY 23-24 Recreation Operating Budget.

Staff Recommendation: Provide Direction (Community Services: Joanna Axelrod, Deputy City Manager/ Director of Community Services and Community Services)
Presenter: Robert Rhoades, Deputy Director of Community Services

FISCAL ANALYSIS
Given the discussion below, if there is direction to discontinue the Tiny Tots Program and reallocate resources, the staff and associated supply budget would be transitioned to other operational programs within the Community Services Department, thus no savings in expenses would be realized. There would be a loss of corresponding annual revenue of approximately $71,300.

PREVIOUS ACTION
None.

BACKGROUND
The Tiny Tots Program has been operating in various capacities for over 35 years. The program was initially established as a contract class, a program that uses contract instructors (non-City staff) to operate desired specialty activities for the benefit of the public. The early popularity of the program led to its incorporation as a City -run and staffed program. This included hiring two part -time instructors and classroom aides to support the program. As the popularity grew, the program expanded to two locations, with the instructors becoming regular benefited employees.

In 2014, City staff attempted to rebrand the program and add different classes to improve advertising and increase enrollment. The program has always been featured in the Recreation Guide which has 457
Item13.

historically been mailed directly to over 48,000 households in Escondido to help get the word out. Using the overarching term “Tiny Tots Program”, the following classes were rebranded/developed:
 Wee Tots (18 months – 3 years): An introduction to preschool where parents and children explore the classroom through various activities, craft projects, and circle time.  Little Tots (3 -4 years old): A class specifically designed to learn throug h a variety of first-time foundational experiences such as social interaction, explorative play, and basic academic concepts. Participants must be potty trained prior to attendance.  Super Tots (4-5 years old): Designed as a kindergarten preparatory class in which the curriculum is based on the common core standards.
 Summer Tots (3-5 years old): A summer camp program that is more relaxed with a greater focus on creative expression, outdoor exploratory experiences, and theme -based activities. A wide variety of activities include arts and crafts, games, music/dramatic play, as well as sensory and skill-building activities.
 Discovery Tots (3-5 years old): This program has not been offered since 2018 and was replaced with specialty-themed Recreation classes where preschoolers discover a variety of new interests and activities that will further nurture their development through play and exploration. Themes include science, drama, cooking, music, and more.

While this rebrand proved popular with Wee Tots and Summer Tots, the primary classes of Little Tots and Super Tots continued to decline in enrollment. With enrollment in these areas decreasing to 65% of capacity (86 of 132 spots) in the 2018/2019 school year, the decision was made to consolidate the classes to a single site for the 2019/2020 school year. While this consolidation concentrated the program to a centralized location, the exact same number of participants (86) enrolled in the program from the previous year. The decrease in enrollment mirrors the demographic shift reported in the 2022 US Census that Escondido’s population for ages 0-5 years old declined 17% between 2017 and 2022.1 Over the course of the next two years through June 2022, the pandemic restrictions limited the capacity and classroom size. With all the restrictions lifted for the 2022/2023 school year, classroom capacities returned to normal; however, program participa tion remained low at 56% of overall capacity (52 of 92 spots) for the Little Tots and Super Tots classes.

As has been discussed for several years, the City faces a structural budget deficit , and therefore , as budgets are prepared, the allocation of resou rces is evaluated in all program areas to determine where they can have the greatest community impact. Based on the fact that enrollment in Little Tots and Super Tots has declined over the last several school years, the maximum capacity of the program being limited to 92, and the broader availability of transitional kindergarten and alternative preschool programs , staff have recommended that the staff and resources currently supporting Tiny Tots be reallocated to other program areas within Community Service s that serve a larger portion of the community . There are a

1 https://escondido-ca.eimpactv3.com/dashboards/98/escondido-ca/overview 458
Item13.

variety of preschool program providers in Escondido. EUSD’s transitional kindergarten is a free academic curriculum designed to bridge the gap between preschool and kindergarten for students as young as four years old. These classes are taught by certificated teachers and are free to the public , with open enrollment opportunities.

At this time, the absence of the Tiny Tots Program would affect 20 Little Tots participants, those that are promoting from Little Tots (3-4 years old) to Super Tots (4-5 years old). However, our registration records indicate that three participants would not be eligible for transitional kindergarten. Parents who are looking for specific preschool programming such as dance, art, sports, and parent-and-me classes can still take advantage of those offerings from Community Services.

There are three City staff members who support the Tiny Tots Program, two part-time temporary and one full-time position. The City staff would be reallocate d to support programs such as Mobile Recreation, Day Camps, Before and After School Program, senior services, and Special Events. By reallocating these positions, we can expand the resources and additional support to the communit y within these program areas. Some examples include the addition of a driver for the senior transportation program which could accommodate more seniors from the waiting list, the expansion of the free mobile recreation program into lower socioeconomic neig hborhoods with limited access to recreational opportunities, or supplementing the very popular summer day camp program in which the waitlist extends to as many as 60+ individuals. With the transition of the Tiny Tots staff members into these programs, we would be able to potentially accommodate hundreds of families annually from various socioeconomic and demographic backgrounds. The Community Services Department would be unable to serve the wider cross section of the community without the transition of these staff.

With City Council’s approval to reallocate these resources, the popular classes of Wee Tots and Summer Tots could be restructured, rebranded and incorporated into the Community Services Department’s general offerings through the recreation classes and summer day camp programs.

459
Item13.

KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP
6/21/2023
PRESENTATION: CERTIFICATE OF RECOGNITION - Eagle Scout Preston Brown PROCLAMATION: Chief Vogt Retirement
CONSENT CALENDAR - (C. MCKINNEY) - CHANGE ORDERS, AMENDMENT, AND BUDGET ADJUSTMENT FOR THE RECYCLED WATER EASTERLY AGRICULTURE DISTRIBUTION SYSTEM PROJECT - Request the City Council take the following actions: 1) Adopt Resolution No. 2023-65, authorizing change orders to the Public Improvement Agreement with S.C. Valley Engineering, Inc. in the amount of $1,897,645.76 for the Recycled Water Easterly Agriculture Distribution System Project (“Project”). 2) Adopt Resolution No. 2023-63, authorizing a Second Amendment to the Consulting Agreement with Reilly CM, Inc, in the amount of $1,141,434.95 for construction management services for the Project. 3) Approve a Budget Adjustment.

CONSENT CALENDAR - (E.VARSO) - FY 2023-24 POLICE TOW SERVICE AGREEMENTS - IT IS REQUESTED THAT CITY COUNCIL ADOPT RESOLUTION NO. 2023-75 AUTHORIZING THE CHIEF OF POLICE TO EXECUTE POLICE TOW SERVICE AGREEMENTS - It is requested that the City Council adopt Resolution No. 2023-75 authorizing the Chief of Police to execute Police tow service agreements.

PUBLIC HEARING - (C. HOLMES) - FISCAL YEAR 2023/24 OPERATING BUDGET ADOPTION - It is requested that the City Council adopt Resolution No. 2023-58 approving the Fiscal Year 2023/24 Annual Operating Budget; and adopt Resolution No. 2023-59 approving the Appropriations Limit (GANN Limit) for Fiscal Year 2023/24.

PUBLIC HEARING - (C.HOLMES) - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND PROJECT BUDGETS FOR FY 2023/24- It is requested that City Council approve Resolution 2023-xx adopting the FYs 2023/24-2027/28 Five Year Capital Improvement Program and FY 2023/24 Project Budgets.

CURRENT BUSINESS - (Z. BECK) - PUBLIC COMMENT POLICY
CURRENT BUSINESS - (E. VARSO) - COMPACT AGREEMENT - Request the City Council approve COMPACT Agreement.

CURRENT BUSINESS - (A. FIRESTINE) - CDBG-CV HOMELESSNESS PREVENTION AND UTILITY ASSISTANCE SERVICES AGREEMENT - Request the City Council approve the CDBG-CV Homelessness Prevention and Utility Assistance Services Agreement. 6/28/2023 - NO MEETING
7/5/2023 - NO MEETING (INDEPENDENCE DAY)
7/12/2023 - COUNCIL VISION WORKSHOP

460
Item14.