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Home My WebLink About04.06.22 Staff ReportNOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, April 6, 2022 at 5:00 PM. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Posted: March 31, 2022. Emm Estrada tJ.' Mayor AFFIDAVIT OF POSTING 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 31, 2022. �mh#,l Marlen Garc' City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 April 6, 2022 5:00 PM Audio Streaming will be available at. htt s://www.youtube.com/channel/UCFLZQ dDFRi 59rhiDZ13F_q/featured?view as=subscriber http.-Abaldwinpark.granicus.comNiewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at. https://www.youtube. cam/channe1/UC3bPFB/HcoP1ks 1 XpetGcA O . H U B O F !•., ` '` ' :THE . '?d AN,. ABRIEL a �R'aT�DJANV�� Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tem Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con el capitulo 39 del Codigo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio Como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reunion. meeting. CITY COUNCIL VIRTUAL SPECIAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algCjn asunto a menos que sea incluido en la agenda, o a menos que exista a1gC1na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on April 6, 2022 to commenisLy,baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION None Listed. RECESS TO CLOSED SESSION 1. Public Employment Evaluation Pursuant to Government Code Section 54957: Title: Chief Executive Officer/City Manager Title: Accounting Manager 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21 STCV07382 v. City of Baldwin Park Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21 STCV07429 James Gallegos v. City of Baldwin Park Case Name: Tuan Le v. City of Baldwin Park Case No. 21 STCV34473 3. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of April 6, 2022. Marlen Gar to City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail lmorales(cr baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 070UU1209N MWITIME Audio Streaming will be available at: http,,.-Ilwww.Zoutube.comlchannellUCFLZO dDFff Ifeatured?view as=subscriber ly59rhiDZ13Eq__ http://baldwinpark. granicus. comlViewPublisher. Php ?view id=10 Audio Streaming Simultaneously in Spanish will be available at. https:llwww.voutube.com/channel/UC3bPFBIHcoPIksIX qetmGcA 0 HUS 0 F "T H 7 .... .. . .. Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tern Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquier Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su In accordance with Chapter 39 of the jurisdicci6n. De acuerdo con e/ capitulo 39 del Baldwin Park Municipal Code, Speakers C6digo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Certificate in Recognition for the National Association for Bilingual Education 1St Place Essay Contest Recipient Presented to Kiara Aparicio • Certificate in Recognition for the California Association for Bilingual Education 1St Place Essay Contest Recipient Presented to Stephanie Wang • Certificate in Recognition of Sierra Vista High School 21-22 Varsity Girls Montview Basketball League Champions Presented to Girls Basketball Head Coach Sandra Dickering and Team • Donate for Life Proclamation Presented to Jolene Vargas Onelegacy Ambassador • Arbor Day Proclamation Presented to the Recreation/Community Services Commission • Earth Day Proclamation Presented to Keep Baldwin Park Beautiful Participants City Council Agenda Page 2 PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.2) ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. (Codigo de Gobierno §54954.21 If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on April 6, 2022 to comment, CL&baldivinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of March 16, 2022. Regular City Council Meeting of March 16, 2022. 3. Purchase Agreement with Gerkey Trust for NWC Joanbridge Street & Maine Avenue Property (APN 8536-016-001) Staff recommends that the City Council to: 1. Approve the Purchase and Sale Agreement with Gerkey Trust for NWC Joanbridge Street and Maine Avenue Property (APN 8536-016-001); and 2. Authorize Chief Executive Officer to Execute Agreement and any further documents necessary to complete the acquisition of the property; and 3. Authorize Finance Director to appropriate funds and make necessary amendments to complete transaction according to the Agreement. 4. Ratify and Adopt a Resolution Approving Temporary Employment for Silvia Godoy, Recreation Leader III Staff recommends that the City Council approve Resolution 2022-014 authorizing the Mayor to Execute a part-time, temporary employment agreement; and authorize the Director of Finance to appropriate funding and make necessary amendments to the budget. City Council Agenda Page 3 5. Approve a Resolution to add a New Part -Time Position of City Clerk Specialist to the Comprehensive City of Baldwin Park Pay Schedule Staff recommends that the City Council approve Resolution No. 2022-2015 to add the salary range and steps for the part-time City Clerk Specialist part time position to be effective, April 6, 2022; and authorize the Director of Finance to appropriate funding to cover this new proposed position and make necessary amendments to the budget. 6. Approval of an Agreement with Prime Government Solutions Inc. for Legislative Management Suite Staff recommends that the City Council: 1. Authorize the Mayor to execute a three-year agreement with Prime Government Solutions Inc. with an additional annual renewal option in an amount not to exceed $146,400 based on the sole source purchasing process per BPMC §34.23(8): Bidding exceptions; and 2. Authorize Director of Finance to make all necessary appropriation and budget adjustments from the American Rescue Plan Act (ARPA) revenue replacement category. 7. Authorization to Enter into Lease Agreement for Two New Copy Machines Staff recommends that the City Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Sharp copy machines. 8. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and CB 361 Staff recommends that the City Council adopt Resolution No. 2022-016 to continue conducting City Council Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from April 6, 2022 through May 6, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. 9. Second Reading of Ordinance No. 1469 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan" Staff recommends that the City Council waive second reading and adopt Ordinance No. 1469, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains tc Implementation of the Baldwin Park Downtown Specific Plan". 10. Second Reading of Ordinance No. 1470 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets" Staff recommends that the City Council waive second reading and adopt Ordinance No. 1470, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets". City Council Agenda Page 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Emmanuel J. Estrada • Mayor Estrada requests discussion and direction to start a strategic plan with HOME ARPA funds that includes legal and service partnerships. Mayor Estrada requests discussion regarding a June Pride event hosted by the City of Baldwin Park. Request by Council Member Monica Garcia • Council Member Garcia requests community outreach to inform the business community along Ramona Boulevard and the community at -large of the proposed street closure of little Maine for Zocalo Plaza. Engage as follows: 1. Community development staff to walk the businesses along Ramona Blvd and Sterling Way, specifically those abutting the proposed Zocalo Plaza, and personally invite the managers/owners to upcoming community meetings. Leave behind materials that show the proposed improvements and street closure. 2. Send postcards with proposed plaza and street closure to residents as per City Planning protocols for community development projects (500 foot radius). 3. Display plaza design and announce street closure in the NOW newsletter for the community at -large. 4. Post materials on city social media outlets. All of this to engage with and inform the community regarding the street closure of little Maine which has been heavily utilized by constituents across the city. Request by Council Member Paul C. Hernandez • Council Member Hernandez requests discussion to explore the creation of Baldwin Park Youth Commission to provide insights and needs to the city, help build leadership skills, prepare for a professional career in public or community service, and obtain a unique insight into how local government functions; and discuss with the Chief of Police expanding and revamping the Reserve Officer Program. Allow for retired officers to support various functions of the department and train residents to become Reserve Officers. ADJOURNMENT City Council Agenda Page 5 CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31St day of March, 2022. 'eFAA&VAUZ Marlen Garcia City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: April 6, 2022 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $1,052,695.39 and the attached General Warrants Register was $1,543,626.58 for a total amount of $2,596,321.97. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: The last payroll of the City of Baldwin Park consists of check numbers 201336 to 201363 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 31776 to 32251 for the period February 20, 2022 through March 19, 2022, inclusive; these are presented and hereby ratified in the amount of $1,052,695.39. 2. General Warrants, with the bank drafts in the amount of $615,461.88 and checks from 235516 to 235728 in the amount of $928,164.70 for the period of March 3, 2022 to March 24, 2022, 2022, inclusive; in the total amount of $1,543,626.58 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register C N r 00 N NM V01O o ryN?TOMIov�Rfvp-pIokRMClmilN i�-i rai rMi lN�lnl[Mtl fpo�p.pppp m0 UpH0�1��nO C010M06NO i0/10� 101q OMON H rI -!-!INs'1�CquItq� P Rai N Gai] N IM', pN9 EN� V nwMMQ N ri m orlon un W V VI 0))N 011N M M 1n *-1a 1DNm r1 w IIin mj iD� Hop w 0m0 -H c- HMS -m lD lan lD ^' Ntr O V C-3 lDa U LA ltl 16 M N N ti rl �p k6 N r 4 M ri M M ri M rl m N F -I u � M F N N N 0 N VI N y N VI V1 V) V) V) N VI V) V} N 4116 y Vl N V1 in V} V! In V) VI V} VI VI VI VI VY N N H V1 V1 in N V! 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RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special Regular City Council Meeting of March 16, 2022. Regular City Council Meeting of March 16, 2022. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special City Council Meeting of March 16, 2022. 2. Regular City Council Meeting of March 16, 2022. MINUTES BALDWIN PARK CITY COUNCIL VIRTUAL STUDY SESSION AND SPECIAL MEETING March 16, 2022 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:01 PM by Mayor Estrada. ROLL CALL City Clerk Garcia performed roll call: PRESENT: Council Member Daniel Damian Council Member Monica Garcia Council Member Paul C. Hernandez Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:05 PM. Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:05 PM. OPEN SESSION/STUDY SESSION None listed. The City Council recessed into closed session at 5:05 PM. RECESS TO CLOSED SESSION 1. Public Employment Evaluation Pursuant to Government Code Section 54957: Title: Chief Executive Officer/City Manager 2. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: NW Joanbridge St. & Maine Ave. Parcel No: 8536-016-001 Negotiating Parties: City of Baldwin Park and Peter Piston, Commercial Realty Special Meeting of 03/02/22 Page 1 of 2 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21 STCV07382 v. City of Baldwin Park Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21 STCV07429 James Gallegos v. City of Baldwin Park 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Eight (8) RECONVENE IN OPEN SESSION The City Council reconvened into open session regular meeting at 7:03 PM pending closed session items. The City Council recessed again into closed session at 10:00 PM and reconvened into open session at 10:30 PM REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced the City Council granted an upgrade to Chief Executive Officer/City Manager to step four of the salary schedule and as set forth in the employment contract. This action was moved by Council Member Garcia, seconded by Council Member Avila and approved unanimously 5/0. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Damian, to adjourn the meeting at 10:45 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk Special Meeting of 03/02/22 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL VIRTUAL REGULAR MEETING March 16, 2022, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order 7:06 PM by Mayor Estrada. INVOCATION The invocation was provided by City Treasurer Marie Contreras. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief of Police Robert A. Lopez. ROLL CALL City Clerk Garcia performed roll call: MEMBERS PRESENT: Council Member Alejandra Avila Council Member Monica Garcia Council Member Paul C. Hernandez Mayor Pro Tem Daniel Damian Mayor Emmanuel J. Estrada REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced the City Council granted an upgrade to Chief Executive Officer/City Manager to step four of the salary schedule and as set forth in the employment contract. This action was moved by Council Member Garcia, seconded by Council Member Avila and approved unanimously 5/0. ANNOUNCEMENTS The Mayor stated City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Council Member Avila closed on behalf Father Mike's father and teacher and coworker Daniel who lost his father. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • San Gabriel Valley Regional Housing Trust Updates and Accomplishments Presented by Marisa Creter, Executive Director Marisa Creter and Brielle Acevedo provided the City Council with an updated on accomplishments made through the SGVRHT and highlighted the amount of funding provided to the City to address homelessness issues. • Plaque in Recognition of Years of Service for Public Works Engineering Manager John Beshay City Staff and City Council congratulated John and wished him luck in the immediate future. • Retirement Plaque in Recognition of Years of Service for Sergeant Michael Hemenway City Staff and City Council congratulated Sergeant Hemenway for the years of service he gave to the community and wished him the best in his retirement. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:50 PM. John Rios thanked code enforcement for tackling street vending and applauded Anthony in Public Works for his hard work. Katherine Loeser provided library updates. Mayor Estrada closed public communications at 8:05 PM. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Item No.'s 5, 6, and 9 were pulled from the consent calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to approve the remainder of the Consent Calendar. Motion carried by unanimous consent 5/0. 1. City of Baldwin Park's Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — January 2022 The City Council received and filed the Treasurer's Report for January 2022. 3. Meeting Minutes The City Council approved meeting minutes for the Special Meetings of February 16, 2022 and March 2, 2022. Regular Meeting of 3/16/22 Page 2 of 7 4. Approve the City of Baldwin Park's Commitment to Implement Diversity, Equity and Inclusion Policy and Program (DEI) in Fiscal Year 2022/23 The City Council provided direction and approved a statement of the City's commitment to implement a diversity, equity and inclusion Policy Program (DEI). Pulled for Separate Consideration 5. Approval of Police Officer Hiring Incentive Council Member Hernandez requested the incentive be offered to all City Staff. MOTION: It was moved by Council Member Hernandez, seconded by Mayor Pro Tem Damian to approved a monetary incentive for (1) the hiring of police officer and (2) for full- time City employees who successfully recruit a police officer; and authorize the Director of Finance to appropriate the $100,000 from the General Fund and to make the necessary budget adjustments; and instruct the HR Director to amend the personnel rules as appropriate to reflect the intent and approval of the City Council. Motion carried by unanimous consent 5/0. Pulled for Separate Consideration 6. Request for Authorization to Purchase Complaint Portable Radios six (6) Motorola Solutions Apex 800 P25 ouncil Member Hernandez asked the departmentwere*. Ii City of LA? I MOTION: It was moved by Council Member Hernandez, seconded by Mayor Pro Tem Damian to waive the formal bid procedures per the City's Purchasing Ordinance; and authorized the Police Department to purchase the requested six Motorola radios and accessories; and authorized the Director of Finance to appropriate $51,789 from the State Homeland Security Program Grant and to make the necessary budget adjustments; and authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. Motion carried by unanimous consent 5/0. 7. Approval of Agreement with Learning Enrichment After -School Program, Inc. (dba Leap) for the Summer Lunch Program The City Council authorized the Director of Recreation & Community Services to executive the Agreement with Learning Enrichment After -School Program, Inc. and associated documents related to the Program; and authorize the Director of Finance to appropriate and make necessary amendments to the budget. 8. Appropriate and Approve the Purchase of Appliances for Recreational Facilities from Arrow Restaurant Equipment and Home Depot The City Council approved the purchase of appliances form Arrow Restaurant Equipment and Home Depot; and authorize the Director of Finance to appropriate the ARPA Fund and make necessary amendments to the budget. Regular Meeting of 3/16/22 Page 3 of 7 Pulled for Separate Consideration 9. Approval of Mental Health Awareness Walk, Fair & Car Show Budget Appropriation Mayor Estrada requested a total appropriation of $40,000 be allocated to this program to ensure enough funding was reserved for this event. MOTION: It was moved by Mayor Estrada, seconded by Council Member Hernandez to approved the Mental Health Walk, Fair & Car Show proposed budget of $40,000; and approve all entry fees to be donated to Baldwin Park High School and Sierra Vista High School Bands equally; and authorized the Director of Finance to appropriate funding from the ARPA Fund and make necessary budget adjustments. Motion carried by unanimous consent 5/0. 10. Approve Final Tract Mao No. 833328 to Consolidate Two (2) Existing Single -Family Lots for the Creation of Eleven (11) Attached Condominium Townhome Units and One (1) Common Lot The City Council accept the Final Tract Map No. 83328 and authorize the City Clerk and staff to sign the Final Tract Map. 11. Accept Construction Improvements, Approve Cooperative Agreement with the City of Irwindale, and Authorize the Filing of Notice of Completion for City Project, CIP 20-37 Major and Residential Streets Rehabilitation Project The City Council accepted the construction improvements by Onyx Paving Company, Inc. and authorize the recordation of a Notice of Completion for City Project No. CIP 20-37; and approve and authorize CEO to execute Cooperative Agreement with the City of Irwindale for an amount of $41,424.70; and authorize the Director of Finance to deposit $41,424.70 into the project funding and to make the necessary budget adjustments to create a new project account for the expenditures related to the project; and authorize an appropriation in the amount not -to -exceed $10,776.50 from Fund #256 to Account #256- 50-520-58100-15082 for additional work-related project Inspection and construction; and authorize the release of retention funds in the amount of $81,700 to Onyx Paving Company, Inc. upon the expiration of 35 -day notice period. 12. Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and Associates, Inc. The City Council approved an amendment to the Consultant Services Agreement approved as to form by the City Attorney between the City of Baldwin Park and Lorraine Mendez and Associates, Inc., to complete the following items: FY 2019/20 Annual Plan Cares Act Substantial Amendment; HOME ARP Allocation Plan; FY 2022-2023 Annual Action Plan; Other HUD Programs Administration tasks including, but not limited to, assistance with HUD Monitoring response, 2021/22 CAPER; and directed the Chief Executive Officer and the City Attorney to prepare and execute the amendment with Lorraine Mendez and Associates, Inc.; and authorized the Director of Finance to appropriate the funds and budget amendment accordingly. Regular Meeting of 3/16/22 Page 4 of 7 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to approve the Successor Agency Consent Calendar. Motion carried by unanimous consent 5/0. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board ratified the attached Warrants and Demands Register. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — January 2022 The Board received and filed the Treasurer's Report for January 2022. PUBLIC HEARING 13. A Request to the City Council from the Planning Commission on Multiple Zoning and General Plan Land Use Changes which would Achieve Consistency with the Downtown Specific Plan (Location: City's Downtown Area; Applicant: City of Baldwin Park; Case Numbers: SP 22-01, GPA 22-01 and ZC 22-01) Mayor Estrada opened the public hearing at 8:19 PM, seeing no one wishing to speak in favor or opposition of the item, Mayor Estrada closed the public hearing at 8:19 PM. Acting Director of Community Development Ron Garcia provided an overview via a power point presentation of the proposed downtown specific plan. MOTION: It was moved by Mayor Estrada, seconded by Council Member Garcia to adopt City Council Resolution 2022-012 entitled, "A Resolution of the City Council of the City of Baldwin Park, California Adopting the Findings of Fact and Approving General Plan Land Use Amendments to Achieve Consistency with the Downtown Specific Plan"; and"; and introduce for first reading, by title only, Ordinance entitled: "An Ordinance of the City Council of the City of Baldwin Park Amending Chapter 153 of the Municipal Code (Zoning Ordinance) As it Pertains to Implementation of the Baldwin Park Downtown Specific Plan". Motion carried by unanimous consent 5/0. REPORTS OF OFFICERS 14. Baldwin Park Resident Owned Utility District (BPROUD) Program -Decertification and Reversion Process -Summary Report MOTION: It was moved by Mayor Estrada, seconded by Council Member Garcia to adopt and approve the City Council Resolution No. 2022-013 and authorize the Chief Executive Officer to submit a final letter of withdrawal as an associate member of CalChoice; and approved an amendment to the City's Administrative Services Agreement (ASA) with CalChoice and its family of consultants that will reduce the monthly fee roughly from $55,000 monthly to $36,000 monthly and terminating at the end of June 2022, granting Regular Meeting of 3/16/22 Page 5 of 7 the Chief Executive Officer authorization to make minor adjustments to the contract prior to final execution, while keeping to the material, Council approval intact; and recognized the fund proceeds received from the disposition of the BPROUD energy contracts in its portfolio; and authorized the CEO and Director of Finance to transfer the proceeds from the BPROUD Lockbox to the General Fund (Fund #100) and the Future Development Fund (Fund #200) for any costs, transfers and loans incurred from these funds as deemed appropriate upon final payment of energy supply and other related invoices; and authorized the CEO to take any and all actions necessary to effectuate the deregistration process, including, but not limited to, submitting a final letter to the CPUC attesting to the completion of the deregistration process and requesting CPUC concurrence with a statement of further regulatory compliance obligations as a decertified CCA no longer serving load, and obtaining verification and certification of all remaining compliance obligations, such as Renewables Portfolio Standard requirements; and authorized the CEO, Director of Finance, and City Attorney to effectuate any administrative agreements with SCE that would settle and resolve outstanding receivables from former BPROUD customers that would remain beyond June 2022; and recognized that the City will take custody of all customer data (electronic form) related to BPROUD held by Calpine and will safeguard the data in accordance with CPUC and City data retention guidelines; and recognized the recall and release of the BPROUD Letter of Credit deposit of $147,000 held by the River City Bank for the benefit of SCE and returned to the City upon SCE confirmation of the completion of the reversion and acknowledgement by the CPUC; and recognized the receipt of $112K provided to BPROUD by the State's Customer Arrearage Relief Program (CAPP); and authorized the CEO to enter into a subsequent agreement with Direct Energy Business Marketing, LLC/NRG (DEBM/NRG) who will act as the scheduling coordinator for the City of Baldwin Park for California Independent Service Operator (CAISO) related energy settlements from the scheduling and actual usage of energy during the time that BPROUD was serving customers, that will take place for several months beyond the actual delivery of energy to BPROUD customers; and authorized the Director of Finance to continue the banking relationship with River City Bank for BPROUD "lockbox" security services until such time as not required pursuant to contractual obligations; and established a standing communication forum between City Staff and SCE that will facilitate and ensure that the service needs of Baldwin Park residents are always addressed. 15. Introduction of Ordinance entitled: "An Ordinance of the City Council of the City of Baldwin Park, California Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets" MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to introduced for first reading, by title only, Ordinance entitled, "An Ordinance of the City Council of the City of Baldwin Park, California amending Chapter 73 of the Baldwin Park Municipal Code relating to speed limits on certain streets". Motion carried by unanimous consent 5/0. Regular Meeting of 3/16/22 Page 6 of 7 16. Request for Direction Regarding City Council Term Limits MOTION: It was moved by Mayor Estrada, seconded by Council Member Avila to conduct a survey of surrounding cities that have approved term limits including the Mayor/City Council structure, City Clerk, and City Treasurer and report back at a later meeting. Motion carried by unanimous consent 5/0. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada requested the city use ARPA funding to assist the Boys and Girls Club; collaborate with other agencies to improve the air quality; and wished the Director of Recreation Manny Carrillo a Happy Birthday. The City Council recessed back into Closed Session at 10:00 and reconvened into open session at 10:30 PM. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Mayor Pro Tem Damian, to adjourn the meeting at 10:32 PM. Mayor: ATTEST: Emmanuel J. Estrada, Mayor Marlen Garcia, City Clerk U--0• s Regular Meeting of 3/16/22 Page 7 of 7 ST ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: April 6, 2022 SUBJECT: Purchase Agreement with Gerkey Trust for NWC Joanbridge Street & Maine Avenue Property (APN 8536-016-001) SUMMARY The purpose of this staff report is for the City Council to consider approval of a Purchase Agreement with Gerkey Trust for Northwest Corner (NWC) Joanbridge Street and Maine Avenue Property (APN 8536- 0016-001.) RECOMMENDATION Staff recommends that the City Council to: 1. Approve the Purchase and Sale Agreement with Gerkey Trust for the NWC Joanbridge Street and Maine Avenue Property (APN 8536-016-001); and 2. Authorize Chief Executive Officer to Execute Agreement and any further documents necessary to complete the acquisition of the property; and 3. Authorize Finance Director to appropriate funds and make necessary budget amendments to complete transactions according to the Agreement. FISCAL IMPACT There is no fiscal impact to the General Fund. The funding of $100,000 will come from Fund 234 (Quimby Fund) and $555,983.00 will come from Fund 210 (Community Enhancement Funds) for a total of $655,983.00 which includes the following fees: testing, recording, insurance, tittle, appraisal, and any other associated fees in connection with the purchase of the property. BACKGROUND At their March 2, 2022, Special City Council Meeting, City Council considered acquisition of the NWC Joanbridge Street and Maine Avenue property (APN 8536-0016-001). Staff was directed to proceed with the acquisition of said property contingent soil clearance test results. On March 22, 2022, the city received test clearance for the Limited Geotechnical Study and Environmental as requested. The original sale price of the property was $658,000.00, the negotiated price was $645,000.00. The acquisition of the 8,342 SF lot will be a future park development to the City's open green space inventory and create usable open park space. Once the transaction is completed, Staff will coordinate a series of Community Engagement Meetings to develop a conceptual rendering for the project to be ready to apply for various upcoming development grant opportunities. ALTERNATIVES The alternative would be that the City Council may choose not to approve the Agreement. LEGAL REVIEW The report has been reviewed and approved by the City Attorney as to legal form. ATTACHMENTS 1. Purchase and Sales Agreement EML STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (Vacant Land) Dated: March 15, 2022 1. Buyer. 1.1 City of Baldwin Park ("Buyer") hereby offers to purchase the real property, hereinafter described, from the owner thereof ("Seller") (collectively, the "Parties" or individually, a "Party"), through an escrow ("Escrow") to close 3Q -4a; 21 days after the Date of Agreement or sooner waivo;- . ("Expected Closing Date") to be held by Commerce Escrow ("Escrow Holder") whose address is 1055 Wilshire Blvd #1000, Los Angeles, CA 90017 Phone No. _(2_L2)_484-0855 ,Facsimile No. �— upon the terms and conditions set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligations herein unless Seller expressly releases Buyer. 1.2 The term "Date of Agreement" as used herein shall be the date when by execution and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in writing whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Parties. 2. Property. 2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical description) a vacant land parcel NWC of Joanbridge Street and Maine Avenue is located in the County of Los Angeles Js commonly known as (street address, city,state,zip) NWC of Joanbridge Street and Maine Avenue, Baldwin Park, CA 91706 and is legally described as: provided through Escrow (APN: 8536-016-001 .) 2.2 If the legal description of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of First American Title Coml2any — Jeff Da s s e _ ("Title Company"), which shall issue the title policy hereinafter described. 2.3 The Property includes, at no additional cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: none (collectively, the "Improvements"). 2.4 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and none all of which shall be removed by Seller prior to Closing. 3. Purchase Price. 3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be $ 6 4 5 , 0 0 0 0 0 ra F -jgt g—@,QfQot Li othag The Aumb@� Qf ul. The Purchase Price shall be payable as follows: (Strike any not applicable) (a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transaction, the Purchase Price): $645,000.00 INITIALS INITIALS @ 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PIVI OFAL-15.20, Revised 10-22-2020 Page 1 of 10 4. Deposits. 4.1 Gr -within 2 business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $19 '3 5 0 . 0 0 . If said check is not received by Escrow Holder within said time period then Seller may elect to unilaterally terminate this transaction by giving written notice of such election to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer. 4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collectively the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the timing requirements of this transaction. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalties or interest forfeitures if the applicable instrument is redeemed prior to its specified maturity. Buyer's Federal Tax Identification Number is TBD NOTE: Such interest bearing account cannot be opened until Buyer's Federal Tax Identification Number is provided. 4.4 Notwithstanding the foregoing, within 5 days after Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seller as and for independent consideration for Seller's' execution of this Agreement and the granting of the contingency period to Buyer as herein provided. Such independent consideration is non-refundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed. 4.5 Upon waiver of all of Buyer's contingencies the Deposit shall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n) (Destruction, Damage or Loss) or 9.1(o) (Material Change). 5.1 This Offer ls - 0 5_3 jj Bayer Shall pgtay 62 The Rupaba'; 0 INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 2 of 10 7. Real Estate Brokers. 7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this transaction with the following real estate broker(s) ("Brokers") and/or their agents ("Agent(s)"): Seller's Brokerage Firm interPres Commercial Realty LicenseNo. 01774875 is the broker of (check one): i the Seller; or both the Buyer and Seller (dual agent). Seller's Agent Peter Pistone/Sandy Gonzalez LicenseNo. 01007013 02097966 is(check one):Vthe Seller's Agent (salesperson or broker associate); or I.both the Seller's Agent and the Buyer's Agent (dual agent). Buyer's Brokerage Firm Keller Williams Covina License No. 01970316 is the broker of (check one): F the Buyer; or 1:1 both the Buyer and Seller (dual agent). Buyer's Agent Carolina Ruiz Wills LicenseNo. 01275776 is (check one): the Buyer's Agent (salesperson or broker associate); or F7both the Buyer's Agent and the Seller's Agent (dual agent). The Parties acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents representing the Parties or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connection with any and all negotiations and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1. 7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connection with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or entity, other than said Brokers and Agents is/are entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, agent, finder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party. 8. Escrow and Closing. 8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any additional escrow instructions the provisions of the Agreement shall prevail as to the Parties and the Escrow Holder. 8.2 As soon as practical after the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, in writing, of the date ascertained. 8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail. 8.4 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement. 8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's orjoint protection policy of title insurance. (See also paragraph 11.) 8.6 Escrow Holder shall verify that all of Buyer's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and are not instructions to Escrow Holder. 8.7 If this transaction is terminated for non -satisfaction and non -waiver of a Buyer's Contingency, as defined in Paragraph 9.2 or disapproval of any other matter subject to Buyer's approval, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. If this transaction is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellation fees and costs. 8.8 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instructions of the Parties, a Party not then in default under this Agreement may notify the other Party, Escrow Holder, and Brokers, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions. 8.9 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligations, agreements, covenants or warranties contained therein. 8.10 If this Escrow is terminated for any reason other than Seller's breach or default, then as a condition to the return of Buyer's deposit, Buyer shall within 5 days after written request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property. 9. Contingencies to Closing. (see Addendum Paragraph 29) 9.1 The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. IF BUYER FAILS TO NOTIFY ESCROW HOLDER, IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's conditional approval shall constitute disapproval, unless provision is made by the Seller within the time specified therefore by the Buyer in such conditional approval or by this Agreement, whichever is later, for the satisfaction of the condition imposed by the Buyer. Escrow Holder shall promptly provide all Parties with copies of any written disapproval or conditional approval which it receives. With regard to subparagraphs (a) through (m) the pre-printed time periods shall control unless a different number of days is inserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR CRE ("AIR") standard form entitled INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 3 of 10 "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property Information Sheet ("Property Information Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 2 days following the Date of Agreement. Buyer has 10 days from the Date of Agreement to approve or disapprove the matters disclosed. (f) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the location of any easements to be delivered to Buyer within 5 days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to satisfy itself with regard to the condition of title. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property after the Closing, shall not be considered a failure of this contingency, as Seller shall have the obligation, at Seller's expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing. EM (n) Destruction, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 4 of 10 against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing. (o) Material Change. Buyer shall have 10 days following receipt of written notice of a Material Change within which to satisfy itself with regard to such change. "Material Change" shall mean a substantial adverse change in the use, occupancy, tenants, title, or condition of the Property that occurs after the date of this offer and prior to the Closing. Unless otherwise notified in writing, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (q) Brokerage Fee. Payment at the Closing of such brokerage fee as is specified in this Agreement or later written instructions to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the Parties and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the written consent of Brokers. 9.2 All of the contingencies specified in subparagraphs (a) through (m) of paragraph 9.1 are for the benefit of, and may be waived by, Buyer, and may be elsewhere herein referred to as "Buyer's Contingencies." 9.3 If any of Buyer's Contingencies or any other matter subject to Buyer's approval is disapproved as provided for herein in a timely manner ("Disapproved Item"), Seller shall have the right within 10 days following the receipt of notice of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's Election"). Seller's failure to give to Buyer within such period, written notice of Seller's commitment to cure such Disapproved Item on or before the Expected Closing Date shall be conclusively presumed to be Seller's Election not to cure such Disapproved Item. If Seller elects, either by written notice or failure to give written notice, not to cure a Disapproved Item, Buyer shall have the right, within 10 days after Seller's Election to either accept title to the Property subject to such Disapproved Item, or to terminate this Agreement. Buyer's failure to notify Seller in writing of Buyer's election to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this Agreement. The above time periods only apply once for each Disapproved Item. Unless expressly provided otherwise herein, Seller's right to cure shall not apply to the remediation of Hazardous Substance Conditions or to the Financing Contingency. Unless the Parties mutually instruct otherwise, if the time periods for the satisfaction of contingencies or for Seller's and Buyer's elections would expire on a date after the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business days following the expiration of: (a) the applicable contingency period(s), (b) the period within which the Seller may elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with this transaction, whichever is later. 9.4 The Parties acknowledge that extensive local, state and Federal legislation establish broad liability upon owners and/or users of real property for the investigation and remediation of Hazardous Substances. The determination of the existence of a Hazardous Substance Condition and the evaluation of the impact of such a condition are highly technical and beyond the expertise of Brokers. The Parties acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properties, and Buyer and Seller are not relying upon any investigation by or statement of Brokers with respect thereto. The Parties hereby assume all responsibility for the impact of such Hazardous Substances upon their respective interests herein. 10. Documents Required at or Before Closing. 10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the Parties. 10.2 Seller shall deliver to Escrow Holder in time for delivery to Buyer at the Closing: (a) Grantor general warranty deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning Existing Note(s). (c) If applicable, the Existing Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer. The assignment of Existing Leases shall be on the most recent Assignment and Assumption of Lessor's Interest in Lease form published by the AIR or its equivalent. (d) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (e) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a "nonresident" within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill of sale, duly executed, conveying title to any included personal property to Buyer. (g) If the Seller is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the sale of the Property. 10.3 Buyer shall deliver to Seller through Escrow: (a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the time set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obligations hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of notice of the status of payment of real property taxes during the life of the Purchase Money Note. (c) The Assignment and Assumption of Lessor's Interest in Lease form specified in paragraph 10.2(c) above, duly executed by Buyer. (d) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements. (e) If applicable, a written assumption duly executed by Buyer of the loan documents with respect to Existing Notes. (f) If the Buyer is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the purchase of the Property. 10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller. INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 5 of 10 IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING. 11. Prorations and Adjustments. 11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill. 11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property. 11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of Escrow any rents received after the Closing. 11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing. 11.5 Post Closing Matters. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. 11.6 Variations in Existing Note Balances. In the event that Buyer is purchasing the Property subject to an Existing Deed of Trust(s), and in the event that a Beneficiary Statement as to the applicable Existing Note(s) discloses that the unpaid principal balance of such Existing Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such Existing Note Variation. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such Existing Note Variation. 11.7 Variations in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ultimately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess. 11.8 Owner's Association Fees. Escrow Holder shall: (i) bring Seller's account with the association current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the association from Buyer's funds. 12. Representations and Warranties of Seller and Disclaimers. 12.1 Seller's warranties and representations shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or action based upon them must be commenced within such time period. Seller's warranties and representations are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranties and representations to Buyer and Brokers: (a) Authority of Seller. Seller is the owner ofthe Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Maintenance During Escrow and Equipment Condition At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property until the Closing in its present condition, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Except as otherwise disclosed in writing, Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Existing Lease or Other Agreement, or create any new leases or other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in writing to Buyer. (g) Mechanics' Liens. There are no unsatisfied mechanics' or materialmens' lien rights concerning the Property. (h) Actions, Suits or Proceedings. Seller has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court ortribunal that would affect the Property orthe right to occupy or utilize same. (i) Notice of Changes. Seller will promptly notify Buyer and Brokers in writing of any Material Change (see paragraph 9.1(o)) affecting the Property that becomes known to Seller prior to the Closing. (j) No Tenant Bankruptcy Proceedings. Seller has no notice or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding. (k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (1) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecting such personal property, except as disclosed by this Agreement or otherwise in writing to Buyer. 12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing condition and will, by the time called for herein, make or have waived all inspections of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Parties acknowledge that, except as otherwise stated in this Agreement, no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the occupational safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto. 12.3 In the event that Buyer learns that a Seller representation or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an action or proceeding against Seller or Brokers regarding said representation or warranty. 12.4 Any environmental reports, soils reports, surveys, feasibility studies, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representatives, have been delivered as an accommodation to Buyer and without any representation or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and investigate the Property. 13. Possession. Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Existing Leases. INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 6 of 10 14. Buyer's Entry. At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith. 15. Further Documents and Assurances. The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company. 16. Attorneys' Fees. If any Party or Broker brings an action or proceeding (including arbitration) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. 17. Prior Agreements/Amendments. 17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property. 17.2 Amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller. 18. Broker's Rights. 18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulting Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaulting party, payment of said Brokerage Fee is in addition to any obligation with respect to liquidated or other damages. 18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction. 19. Notices. 19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any notice, demand, request, approval, disapproval or other communication, each such communication shall be in writing and shall be delivered personally, by messenger, or by mail, postage prepaid, to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email. 19.2 Service of any such communication shall be deemed made on the date of actual receipt if personally delivered, or transmitted by facsimile transmission, electronic signature, digital signature, or email. Any such communication sent by regular mail shall be deemed given 48 hours after the same is mailed. Communications sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours after delivery of the same to the Postal Service or courier. If such communication is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 19.3 Any Party or Broker hereto may from time to time, by notice in writing, designate a different address to which, or a different person or additional persons to whom, all communications are thereafter to be made. 20. Duration of Offer. 20.1 If this offer is not accepted by Seller on or before 5:00 P.M. according to the time standard applicable to the city of Los Angeles on the date of March 2 5 , 2 0 2 2 , it shall be deemed automatically revoked. 20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the Parties as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer. 21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if initialed by both Parties). THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF $1 9, 3 5 0 . 0 0 . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER. Buyer's Initials Seller's Initials 22. ARBITRATION OF DISPUTES. (This Arbitration of Disputes paragraph is applicable only if initialed by both Parties.) 22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSIT SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED. SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS OF EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 7 of 10 AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE -ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY'S REQUIRED SHARE OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE OR CROSS-EXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON-PAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT. 22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT INA COURT OF COMPETENT JURISDICTION BY THE BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT ASA BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE. 22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer's Initials Seller's Initials 23. Miscellaneous. 23.1 Binding Effect. Buyer and Seller both acknowledge that they have carefully read and reviewed this Agreement and each term and provision contained herein. In addition, this Agreement shall be binding on the Parties without regard to whether or not paragraphs 21 and 22 are initialed by both of the Parties. Paragraphs 21 and 22 are each incorporated into this Agreement only if initialed by both Parties at the time that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature or similar technology shall be legal and binding. 23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located. Any litigation or arbitration between the Parties hereto concerning this Agreement shall be initiated in the county in which the Property is located. 23.3 Time of Essence. Time is of the essence of this Agreement. 23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement. 23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. 23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Seller and Buyer must initial any and all handwritten provisions. 23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to participate in a 1031 exchange. Any party initiating an exchange shall bear all costs of such exchange. The cooperating Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange. 23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days. 24. Disclosures Regarding The Nature of a Real Estate Agency Relationship. 24.1 The Parties and Brokers agree that their relationship(s) shall be governed by the principles set forth in the applicable sections of the California Civil Code, as summarized in paragraph 24.2. 24.2 When entering into a discussion with a real estate agent regarding a real estate transaction, a Buyer or Seller should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Buyer and Seller acknowledge being advised by the Brokers in this transaction, as follows: (a) Seller's Agent. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following affirmative obligations: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyerand the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (c) Agent Representing Both Seller and Buyer. A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. (1) In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller orthe Buyer. b. Other duties to the Seller and the Buyer as stated above in their respective sections (a) or (b) of this paragraph 24.2. (2) In representing INITIALS INITIALS © 2019 AIR CRE. All Rights Reserved. Last Edited: 3/23/20222:53 PM OFAL-15.20, Revised 10-22-2020 Page 8 of 10 both Seller and Buyer, the agent may not, without the express permission of the respective Party, disclose tot he other Party confidential information, including, but not limited to, facts relating to either Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including Seller's willingness to accept a price less than the listing price or Buyer's willingness to pay a price greater than the price offered. (3) The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer has the duty to exercise reasonable care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent attention and observation. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. (d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisting in the transaction. Buyer and Seller should each read its contents each time it is presented, considering the relationship between them and the real estate agent in this transaction and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document. Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability (including court costs and attorneys' fees), of any Broker with respect to any breach of duty, error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker. 24.3 Confidential Information. Buyer and Seller agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential. 25. Construction of Agreement. In construing this Agreement, all headings and titles are for the convenience ofthe Parties only and shall not be considered a part ofthis Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 26. Additional Provisions. Additional provisions of this offer, if any, are as follows or are attached hereto by an addendum or addenda consisting of paragraphs 28 through 2 9 . (If there are no additional provisions write "NONE".) ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE. WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED. NOTE: 1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY. 2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS. The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof. BROKER Keller Williams Covina Attn: Carolina Ruiz Wills Title: Broker Associate Address: 100 N. Citrus St #160, West Covina, CA 91791 Phone: (62 6) 862-5654 Fax: — Email: carolina@brokercarolina.com Federal ID No.: Broker DRE License #: 01970316 Agent DRE License #: 01275776 INITIALS © 2019 AIR CRE. All Rights Reserved. OFAL-15.20, Revised 10-22-2020 Date: BUYER Citv of Baldwin Park By: Name Printed: Title: Phone: Fax: Email: By: Name Printed: Title: Phone: 1►trrF-11 Last Edited: 3/23/2022 2:53 PM Page 9 of 10 Fax: Email: Address: Federal ID No.: TBD 27. Acceptance. 27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. 27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to 5 %of the Purchase Price to be divided between the Brokers as follows: Seller's Broker 2.5 % and Buyer's Broker 2.5 %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing. 27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer. NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT. interPres Commercial Realty Attn:-Peter Pistone/Sandy Gonzalez Title: President/ Senior Associate Address: 13300 Crossroads Parkway N. Ste 105, City of Industry CA 91746 Phone: 562.692.2200 Fax: — Email: peterp@interpresrealty.com Federal ID No.: Broker DRE License#: 01774875 Agent's DRE License#: 01007013, 020 97 966 Date: SELLER Gerkev Trust By: Name Printed Title: Phone: Fax: Email: By: Name Printed: Title: Phone: Fax: Email: Address: Federal ID No.: AIR CRE * https://www.aircre.com * 213-687-8777 * contracts@aircre.com NOTICE: No part of these works may be reproduced in any form without permission in writing. I N I I IALS © 2019 AIR CRE. All Rights Reserved. OFAL-15.20, Revised 10-22-2020 I N I I IALS Last Edited: 3/23/2022 2:53 PM Page 10 of 10 ADDENDUM to Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Vacant Land) Buyer: City of Baldwin Park Seller: Gerkey Trust THIS ADDENDUM, dated March 15, 2022, shall be attached to and made part of the certain Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Vacant Land) document, dated March 15, 2022, covering the property located at NWC Joanbridge Street and Maine Avenue, Baldwin Park, CA 91706 (APN 8536-016-001). In the event of a conflict in the Agreement and the Addendum, the language contained in the Addendum shall prevail. 28. Seller's Documents/Disclosures: Within two (2) business days following the Date of Agreement, Seller shall deliver the following items to Buyer: o Seller's Mandatory Disclosure Statement o Natural Hazards Disclosure Report o Property Information Sheet 29. Buyer's Contingencies to Closing: Buyer acknowledges that it hereby approves all Buyer's Contingencies to Closing with the exception of Title as outlined in Paragraph 9.1(f). ACKNOWLEDGED & ACCEPTED Buyer: City of Baldwin Park Seller: Gerkey Trust By: By: Name: Name: Title: Title: Date: Date: LAW Active\Joanbridge-Gerkey\City of Baldwin Park\Addendum-PSA_Joanbridge-City of Baldwin Park_o31522.doc Initial Initial NOTICE OF DISCLOSURE AMERICANS WITH DISABILITIES ACT (ADA) This formal notice is to advise prospective owner/buyer/tenant(s) of real property that they may be s ubject to the Americans with Disabilities Act (the ADA), a Federal Law under code 42 U SC Section 12101 et seq. More specifically, under said ADA that may apply to your property, the particular Title 111 S ection of this statute requires owners and t enant of " public accommodations" to remove bar riers or of her obs tructions t o ac cess by di sabled per sons and pr ovide au xiliary ai ds f or hear ing, s peech, or v ision impaired persons by 26 January, 1992. The specific regulations under Title III of the ADA are under reference in 28 C.F.R. Part 36, as well as other possible statute requirements. You are hereby noticed of said act and advised to seek legal counsel to review the ADA and al I regulations therein in order to determine the nature of these requirements and how this law would apply to you. You, the undersigned, are solely responsible for completing you own independent investigation of these issues and statute. interPres Commercial Realty cannot give you legal opinions and/or advice on these issues. These legal issues should be taken under the advice of your attorney. PROPERTY INVESTIGATION The physical condition of the land and i mprovements being leased/purchased is not guaranteed by Broker. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. You are strongly advised to investigate the condition and suitability of all aspects of the Property, to include but not limited to the following: General Condition: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, other structural and non-structural systems, fixtures, and components. Square Footage, Age, Boundaries: Square footage, dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been v erified by Broker. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Soil Stability: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, setting or movement, and the adequacy of drainage. Roof: Present condition, age, leaks, and remaining useful life. Waste Disposal: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. Water and Utilities; Well Systems and Components: Water and utility availability, use restrictions and costs. Water qual ity, adequacy, condition, and performance of well systems and components. Environmental Hazards: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, water disposal sites, electromagnetic f ields, nuclear sources, and o ther substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). Earthquakes and Flooding: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. Fire Hazard and Other Insurance: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and T enant/Buyer, may affect t he availability and need for certain t ypes of i nsurance. Tenant/Buyer should ex plore insurance options early as this information may affect other decisions. Building Permits, Zoning, and Governmental Requirements: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. Neighborhood, Area, Subdivision Conditions; Personal Factors: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, fire protection, other government services, existing and proposed transportation, construction and development that may affect traffic, noise, odor, etc. from any source. Telecommunications a nd I nternet: Adequacy and c osts of any s peed -wired, wireless i nternet c onnections or o ther telecommunications or other technology services and installations. Your signature below will hereby acknowledge receipt of this Notice of Disclosure. Landlord/Seller: Gerken Trust Tenant/Buyer: City of Baldwin Park Signature:_ Name Printed: Signature: Name Printed: Date: Date: DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (As required by Civil Code) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A Buyer's agent can, with a B uyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be t he agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party c onfidential i nformation, i ncluding, but not I imited to, facts relating t o ei ther t he B uyer's or S eller's f inancial pos ition, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered. SELLER AND BUYER RESPONSIBILITIES Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a per son qualified to advise about r eal es tate. I f I egal or tax adv ice i s des ired, c onsult a competent pr ofessional. If y ou ar e a Buyer, y ou hav e t he dut y to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. THE FOLLOWING AGENCY RELATIONSHIP(S) IS/ARE HEREBY CONFIRMED. IME ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). interPres Commercial Realty is the agent of: ® Landlord/Seller ❑ Tenant/Buyer ❑ Buyer Landlord/Seller and Tenant/Buyer Agent: interPres Commercial Realty Salesperson Name: Peter Pistone/Sandy Gonzalez Salesperson License #:01007013/02097966 Date: 03/15/2022 Landlord/Seller: Gerkey Trust Signature:_ Name Printed: Tenant/Buyer: City of Baldwin Park Signature: Name Printed: Date: 2of3 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (As required by Civil Code) 2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes vendee or lessee/tenant. (d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobile homes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) "Dual agent' means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (f) "Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) "Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (h) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (i) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. Q) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (1) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) "Seller" means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a landlord. (o) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14. Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgment of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgment of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgment of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.17. (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form: SAMPLE ONLY — DO NOT PILL OUT (Name of Listing Agent) is the agent of (check one): ❑ the seller exclusively; or ❑ both the buyer and seller (Name of Selling Agent if not the same as the Listing Agent) is the agent of (check one): EI the buyer exclusively; or ❑ the seller exclusively; or ❑ both the buyer and seller (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18. No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19. The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20. Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21. A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22. Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23. (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable. 2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. 3of3 SUMMARY ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Enrique Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: April 6, 2022 SUBJECT: Ratify and Adopt a Resolution Approving Temporary Employment for Silvia Godoy, Recreation Leader III Staff is requesting approval to employ Silvia Godoy as a retired annuitant for the Recreation Leader III vacant position. Silvia Godoy submitted paperwork to retire effective June 6, 2021, after serving the City of Baldwin Park. In order to minimize disruption resulting from this loss of institutional and operational knowledge, to complete important projects, and to provide a smooth transition, the City is interested in retaining her services on a temporary basis of approximately four to six months. RECOMMENDATION Staff recommends that the City Council approve a Resolution 2022.014 authorizing the Mayor to execute a part time, temporary employment agreement; and authorize the Director of Finance to appropriate funding and make necessary amendments to the budget. FISCAL IMPACT The estimated fiscal impact to the General Fund for this transition is about $5,575 depending on the term. However, there might be savings to cover this additional cost from other current unfilled vacancies in the Recreation Department. BACKGROUND In accordance with CalPERS regulations, the City may provide an arrangement where Silvia Godoy can continue to work for the City in the capacity of retired annuitant. The City is currently recruiting for this position. In the interim, the retired annuitant will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement. As of April 1St, Cal PERS terminated Executive Order N-25-20 which allowed employers to waive certain restrictions applicable to retired annuitants, and resumed the normal process for approving requests for retired annuitants. Ms. Godoy has been separated from the City as a retiree since June 6, 2021. Therefore, she meets the 180 day separation threshold required for Cal PERS approval. In order to be compliant with California Law and the 2013 Pension Reform Act, the employee must be paid the same rate as in the approved City Salary Resolution and the employee cannot receive any other benefits or compensation and may not receive any incentive to retire such as a golden handshake. The attached resolution and agreement satisfy those requirements. ALTERNATIVES The alternative is to not approve the Resolution and provide other direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES 1. Temporary Employment Agreement 2. Resolution 2022-014 EMPLOYMENT AGREEMENT This employment agreement is effective as of April 11, 2022, between the City of Baldwin Park ("Employer") and Silvia Godoy ("Retired Annuitant"). 1. The Retired Annuitant served as Recreation Leader III for Employer. Employer desires to ensure continued services of Retired Annuitant as the Recreation Leader III in order to retain her experience, abilities, and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging her services as Recreation Leader III under the terms and conditions set forth. 2. Retired Annuitant desires to continue in the employment of Employer and is willing to do so under the terms and conditions set forth below. a. THEREFORE, in consideration of the above recitals, and of mutual promises and conditions in this AGREEMENT, it is agreed as follows: 3. TERMS OF EMPLOYMENT. Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning April 11, 2022 and ending no later than June 30, 2022. 4. DUTIES AND AUTHORITY. Employer shall employ Retired Annuitant as the Recreation Leader III. Retired Annuitants shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include assistance in the coordination of recreation programs, special events and excursions, and other recreational activities. 5. REASONABLE TIME AND EFFORT. During her employment, Retired Annuitant shall devote such time, interest, and effort to the performance of her AGREEMENT as necessary. 6. WAGES. During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hourly rate of $16.82, payable in bi-weekly installments subject to all applicable withholding and deductions. 7. ADDITIONAL BENEFITS. Except as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer's other employees. 8. TERMINATION OF AGREEMENT. Employer may terminate Retired Annuitant's employment at any time during the term of this AGREEMENT. 9. INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted by the law, indemnify and hold Retired Annuitant harmless for any acts or decisions made by her in the course and scope of employment. To the same, Employer will pay and advance all expenses, including reasonable attorney's fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action suit or proceeding and in connection with any appeal, which has been brought against Retired Annuitant by reason of his performance of services as an officer or agent of the Employer. 10.TERMINATION OR RESIGNATION. Retired Annuitant may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post -resignation compensation being paid by Retired Annuitant. 11. CONFORMANCE WITH RETIREMENT LAW. This Agreement may only be modified, including extension of term, in writing by Retired Annuitant and Mayor and City Council or their designee provided that changes are in conformance with current California Public Employee's Retirement law involving post retirement employment under Section 7522.56. 12. CITY COUNCIL APPROVAL. This AGREEMENT shall be of no force and effect unless or until approved by the City Council of Baldwin Park. Executed on the 6t" day of April 2022, in the City of Baldwin Park, Los Angeles County. Signatures: CITY OF BALDWIN PARK: RETIRED ANNUITANT: Emanuel Estrada, Mayor Silvia Godoy, Recreation Leader III RESOLUTION NO. 2022-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH "RETIRED ANNUITANT" SILVIA GODOY AS INTERIM RECREATION LEADER III AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Baldwin Park is to provide an arrangement where Silvia Godoy can continue to work for the City for approximately an additional 6 months and no more than 960 hours in any Fiscal Year; and WHEREAS, this additional time will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement; and WHEREAS, as of April 1St, CalPERS terminated Executive Order N-25-20 which allowed employers to waive certain restrictions applicable to retired annuitants and resumed the normal process for approving requests for retired annuitants. Ms. Godoy has been separated from the City as a retiree since June 6, 2021. Therefore, she meets the 180 -day separation threshold required for Cal PERS approval. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. In compliance with Government Code section 7522.56 the City of Baldwin Park must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date. Section 2. That Recreation Leader III (Godoy, Retired Annuitant) will be retiring from the City of Baldwin Park effective June 4, 2021. Section 3. That section 7522.56 requires post-retirement employment commence no earlier than 180 days after the retirement date without this certification resolution and/or unless waived by emergency orders of the Governor of California. Section 4. That section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement -related incentive and the City Council of Baldwin Park certifies that Godoy has not and will not receive any Golden Handshake or other retirement incentive. Section 5. The employment shall be limited to 960 hours per Fiscal Year however any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960 -hour per fiscal year limit. In addition, the 180 -day wait period between retirement and returning to post-retirement employment will be suspended. Section 6. This section 21221(h) appointment shall only be made once and therefore will end on or before June 30, 2022. Section 7. The compensation paid to retirees cannot be less than or more than the base salary as specified in the City Salary Resolution. The hourly rate paid to Godoy will be sixteen dollars and eighty-two cents per hour in accordance with the City approved Salary Resolution. Section 8. That the Baldwin Park City Council hereby appoints Silvia Godoy as an interim appointment retired annuitant to the vacant position of Recreation Leader III for the City of Baldwin Park under Government Code section 21221(h), effective February 22, 2022. Section 9. That pursuant to sections 7522.56 and 21221(h) of the Government Code, the City Council has determined that a critical need exists for retaining the services of "retired annuitant," due to various ongoing and complex projects and assignments required for the operation of the City, to complete recruitment of a Recreation Leader III, to avoid a lapse in leadership and to provide guidance and transition during the replacement hiring; and Section 10. That an appointment under Government Code Section 21221(h) requires and active, publicly posted recruitment for a permanent replacement for the critical position of Recreation Leader III; and Section 11. The current status of the recruitment for this critical position will be advertised and publicly posted on the City of Baldwin Park website; and Section 12. That the retired annuitant's scope of work will be focused on the following activities; Employer shall employ Retired Annuitant as the Interim Recreation Leader III. Retired Annuitant shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include assistance in the coordination of recreation programs, special events and excursions, and other recreation activities. Section 13. That the Mayor of the City of Baldwin Park is hereby authorized to execute an Agreement with Silvia Godoy for temporary post-retirement employment, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein. The entire agreement between Godoy and the City of Baldwin Park is reviewed by this body and attached herein. Section 14. That said action was taken during a regular meeting of the Baldwin Park City Council and considered as part of the non -consent portion of the agenda. Section 15. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 6t" day of April 2021. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK Emmanuel Estrada MAYOR J— SS: I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution No. 2022-014 was duly and regularly adopted by the City Council of the City of Baldwin Park at a meeting thereof held on the April 6, 2022, by the following vote to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Enrique Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: April 6, 2022 SUBJECT: Approve a Resolution to add a New Part Time Position of City Clerk Specialist to the Comprehensive City of Baldwin Park Pay Schedule SUMMARY This report requests City Council approval of a Resolution to revise the Comprehensive City of Baldwin Park Pay Schedule by adding a new part-time position of City Clerk Specialist to meet urgent operational needs of the City Clerk's Office. The salary range for this part-time position will reflect an hourly rate of $18.57 at step 1, and an hourly rate of $20.91 which is at the top step of the salary range. RECOMMENDATION Staff recommends that the City Council approve Resolution No. 2022-2015 to add the salary range and steps for the part-time City Clerk Specialist part time position to be effective, April 6, 2022; and authorize the Director of Finance to appropriate funding to cover this new proposed position and make necessary amendments to the budget. FISCAL IMPACT The estimated additional fiscal impact is approximately $9,500 mostly from the General Fund. BACKGROUND The current Comprehensive Pay Schedule for part-time staff does not include a position suitable to meet the unique needs of the City Clerk's Office. The unique and specialized nature of work performed in the City Clerk's Office requires highly responsible clerical support experience, and preferably some experience working in a City Clerk Office environment. The time sensitive nature of most if not all of the activities within the City Clerk operation requires the incumbent to learn and adapt very quickly. The City Clerk Specialist will be working on several tasks some of which are complex, including but not limited to coordination of council agendas; processing time sensitive Public Record Requests (PRA); responding to calls from the general public; and preparing for municipal elections. Supplementing staff in the City Clerk's Office is critical to ensure the City continues to provide outstanding customer service to council members, administrative staff and the general public. More importantly, this position will allow the City of Baldwin Park to operate more efficiently and provide exceptional customer service. Per CalPERS regulations, any changes to one or more pay rates and position changes require a Resolution be presented to City Council for review and approval of such updates. These CalPERS requirements are intended to enhance the disclosure and transparency of public employee compensation by requiring that the pay rates be listed on a single pay schedule or single document. ALTERNATIVES Council can direct staff to consider other options to meet the needs of the City Clerk's office LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-015 with attached Comprehensive Pay Schedule effective April 6, 2022 RESOLUTION NO. 2022-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME AND PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIFORNIA MINIMUM WAGE LAWS AND CALPERS GUIDELINES WHEREAS, the City of Baldwin Park will be adding the part time City Clerk Specialist position requiring some adjustments to the City of Baldwin Park's current comprehensive pay schedule, attached thereto as Attachment A; and WHEREAS, California Employees Retirement System (CaIPERS) requires all government agencies to provide and make available to the public the salary of all full-time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS; and WHEREAS, the City of Baldwin Park has compiled the necessary salary data to update and maintain a single salary schedule required in compliance with the requirements of CaIPERS and has attached said schedule to this resolution as Attachment A with the effective date of April 6, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby approve and authorize the comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Official is hereby effective April 6, 2022. PASSED, APPROVED, AND ADOPTED this 6th day of April 2022. EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-015 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 6, 2022, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: l WE 1 X I WMA F4►I MARLEN GARCIA CITY CLERK CITY OF BALDWIN PARK Pay Schedule CA Code of Regulations (CCR 570.5) Effective April 6, 2022 Job Number Title Annual Fixed Rate 60006 ....................... N/la or $7,200.00 60008 Cit V Council $7,200.00 60001 Cit V Clerk Non -Certified ) ................................................ $2,400.00 60002 Cit V Treasurer $2,400.00 10005 City Commissioner _(Pe �eetin $50.00 Hous�inqAutho�rijP_erMeeting) $30.00 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20001 Chief Executive Officer hourly $ 101.16 $ 106.22 $ 111.53 $ 117.11 $ 122.96 monthly $ 17,534.51 $ 18,411.23 $ 19,331.80 $ 20,298.39 $ 21,313.31 annual $ 210,414.11 $ 220,934.82 $ 231,981.55 $ 243,580.63 $ 255,759.67 20096 Chief of Police hourly $98.22 $103.13 $108.29 $113.70 $119.39 monthly $17,024.64 $17,875.87 $18,769.67 $19,708.15 $20,693.56 annual $204,295.68 $214,510.46 $225,235.98 $236,497.78 $248,322.67 20096-A Interim Chief of Police hourly $90.16 monthly $15,627.92 annual $187,535.02 20097 Director of Community Development hourly $67.46 $70.83 $74.37 $78.09 $81.99 monthly $11,692.34 $12,276.96 $12,890.81 $13,535.35 $14,212.11 annual $140,308.09 $147,323.49 $154,689.67 $162,424.15 $170,545.36 20037 Director of Public Works hourly $70.83 $74.37 $78.09 $81.99 $86.09 monthly $12,276.96 $12,890.81 $13,535.35 $14,212.11 $14,922.72 annual $147,323.49 $154,689.66 $162,424.14 $170,545.35 $179,072.62 20092 Director of Recreation & Community Services hourl $74.20 $77.91 $81.81 $85.90 $90.19 monthly $12,861.57 $13,504.651 $14,179.89 $14,888.88 $15,633.32 annual $154,338.90 $162,055.84 $170,158.63 $178,666.56 $187,599.89 20094 Director of Finance hourly $74.34 $78.06 $81.96 $86.06 $90.36 monthly $12,885.78 $13,530.07 $14,206.58 $14,916.90 $15,662.75 annual $154,629.39 $162,360.86 $170,478.91 $179,002.85 $187,952.99 Page 2 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Managerhoy ......... ......... ........ -..L $46.54 $48.86 $51.31 $53.87 $56.56 $59.39 $62.36 monthly $8,066.10 $8,469.40 $8,892.87 $9,337.52 $9,804.39 $10,294.61 $10,809.34 annual $96,793.19 $101,632.84 $106,714.49 $112,050.21 $117,652.72 $123,535.36 $129,712.13 31050 Chief Depute Cit C� lerk mmmmmmmmmmmmmmmmmmmm hour) $32.93 $34.57 $36.30 $38.12 $40.02 $42 02 $44.12 monthly $5,707.17 $5,992.52 $6,292.15 mm $6,606.76 $6,937.09 $7,283.95 $7,648.15 annual $68,485.98 $71,910.28 $75,505.80 $79,281.09 $83,245.14 $87,407.40 $91,777.77 31012 City Planner hour/ $44.71 $46.94 $49.29 $51.75 $54.34 $57.06 $59.91 monthly $7,748.88 $8,136.3_2 $8,543.14 $8,970.30 $9,418.81 $9,889.75 mm$118,677.01 $10,384.24 annual $92,986.55 $97,635.87 $102,517.67 $107,643.55 $113,025.73 $124,610.86 31081 Housin Mania er ........... hour/ ..... _...... ........_ $40.92 $42.96 $45.11 $47.37 $49.74 $52.22 $54.83 monthly $7,092.52 $7,447.14 $7,819.50 $8,210.48 $8,621.00 $9,052.05 $9,504.65 annual $85,110.23 $89,365.74 $93,834.03 $98,525.73 $103,452.01 $108,624.61 $114,055.85 31031 Human Resources/Risk Manager hourly $51.30 $53.87 $56.56 $59.39 $62.36 $65.48 $68.75 monthly $8,892.86 $9,337.50 $9804.38 $10,294.60 $10,809.33 $11,349.79 $11,917.28 annual $106,714.32 $112,050.03 $117,652.54 $123,535.16 $129,711.92 $136,197.52 $143,007.39 Page 3 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accounting Manager hour/ monthly annual $45.18 $7,831.20 $93,974.44 $47.44 $8,222.76 $98,673.16 $49.81 $8,633.90 $103,606.82 $52.30 $9,065.60 $108,787.16 $54.92 $9,518.88 $114,226.51 $57.66 $9,994.82 $119,937.84 $60.55 $10,494.56 $125,934.73 31025 Building Official/Plan Check Supervisor hourly $45.35 $47.62 $50.00 $52.50 $55.12 $57.88 $60.77 monthly $7,860.67 $8,253.70 $8,666.39 $9,099.71 $9,554.69 $10,032.43 $10,534.05 annual $94,328.05 $99,044.45 $103,996.67 $109,196.51 $114,656.33 $120,389.15 $126,408.61 31010 Engineering Manager hourly $45.18 $47.43 $49.81 $52.30 $54.91 $57.66 $60.54 monthly $7,830.47 $8,221.99 $8,633.09 $9,064.75 $9,517.98 $9,993.88 $10,493.58 annual $93,965.62 $98,663.90 $103,597.10 $108,776.95 $114,215.80 $119,926.59 $125,922.92 31014 Public Works Maintenance Operations Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80070 Information Systems IT Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80019 Recreation & Community Services Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly 1 $7,611.401 $7,991.971 $8,391.571 $8,811.151 $9,251.711 $9,714.291 $10,200.01 annual 1 $91,336.841 $95,903.681 $100,698.861 $105,733.811 $111,020.501 $116,571.521 $122,400.10 Page 4 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretary hour/ $23.38 $24.55 $25.78 $27.07 $28.42 $29.84 $31.33 monthly $4,052.74 $4,255.37 $4,468.14 $4,691.55 $4,926.13 $5,172.43 $5,431.05 annual $48,632.82 $51,064.47 $53,617.69 $56,298.57 $59,113.50 $62,069.18 $65,172.64 70027 Human Resources Analyst II hour/ $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7153.30 annual $64,054.86$67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 Human Resources Analyst I hourly $27.93 $29.33 $30.80 $32.34 $33.95 $35.65 $37.43 monthly $4,841.63 $5,083.72 $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.25 annual $58,099.61 $61,004.59 $64,054.82 $67,257.56 $70,620.44 $74,151.46 $77,859.03 70022 Human Resources Technician hourly $23.85 $25.04 $26.29 $27.61$28.99 $30.44 $31.96 month/ $4,133.64 $4,340.32 $4,557.34 $4,785.21 $5,024.47 $5,275.69 $5,539.48 annual $49,603.70 $52,083.891 $54,688.08 $57,422.49 $60,293.61 $63,308.29 $66,473.70 Page 5 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountanthourly ........ ........_ ......... ......... ........ .. $26.72 $28.05 $29.46 $30.93 __.. $32.48 $34.10 $35.80 monthly $4,631.03 $4,862.59 $5,105.72 $5,361.00 $5,629.05 $5,910.50 $6,206.03 annual $55,572.42 $58,351.04 $61,268.59 $64,332.02 $67,548.62 $70,926.05 $74,472.35 42036 Administrative Clerk I hourly................................ $14.31 $15.03 $15.78 $16.57 $17.39 $18.26 $19.18 monthly $2,480.50 $2,604.52 $2,734.75 $2,871.49 $3,015.06 $3,165.81 $3,324.10 annual $29,765.97 $31,254.26 $32,816.98 $34,457.83 $36,180.72 $37,989.75 $39,889.24 42037 Administrative Clerk II hourly $15.80 $16.59 $17.42 $18.29 $19.20 $20.16 $21.17 monthly $2,738.02 $2,874.92 $3,018.66 $3,169.60 $3,328.08 $3,494.48 $3,669.20 annual $32,856.20 $34,499.01 $36,223.96 $38,035.16 $39,936.92 $41,933.76 $44,030.45 80039 Assistant Planner hourly $ 27.30 $ 28.67 $ 30.10 $ 31.60 $ 33.18 $ 34.84 $ 36.58 monthly $ 4,641.00 $ 4,968.60 $ 5,217.03 $ 5,477.88 $ 5,751.78 $ 6,039.36 $ 6,341.33 annual $ 55,692.00 $ 59,623.20 $ 62,604.36 $ 65,734.58 $ 69,021.31 $ 72,472.37 $ 76,095.99 80040 Associate En ineer hour/ $31.90 $33.50 $35.17 $36.93 $38.78 $40.72 $42.75 monthly $5,529.72 $5,806.20 $6,096.51 $6,401.34 $6,,721.40 $7,057.47 $7,410.35 annual $66,356.59 $69,674.42 $73,158.14 $76,816.05 $80,656.85 $84,689.69 $88,924.18 80058 ............. Associate Planner _, hour/ $30.80 $32.34 $33.95 _ $35.65 __ $37.43 _ $39.30 $41.27 _... monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 80073 Buildinglnspector hourly $26.13 $27.44 $28.81 $30.25 $31.76 $33.35 $35.02 monthly $4,529.07 $4,755.52 $4,993.29 $5,242.96 $5,505.11 $5,780.36 $6,069.38 annual $54,348.78 $57,066.22 $59,919.53 $62,915.51 $66,061.28 $69,364.35 $72,832.57 80062 Buildin !En ineerin Permit Technician hour/ $18.91 $19.85 $20.85 $21.89 $22.98 $24.13 $25.34 monthly $3,277.26 $3,441.12 $3,613.18 $3,793.84 $3,983.53 $4,182.71 $4,391.84 annual $39,327.12 $41,293.48 $43,358.15 $45,526.06 $47,802.36 $50,192.48 $52,702.10 80033 Communitv Enhancement Officer hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 Page 6 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 1 Community Enhancement Supervisor hour/ $29 53 $31.01 $32.56 $34.19 $35.90 $37.69 $39.58 monthly $5 119.05 _ _ $5,375.01 $5,643.76 $5,925.94 $6 222.24 _ $6,533.35 $6,860.02 annual $61.428.64 $64.500.08 $67.725.08 $71.111.33 $74.666.90 $78.400.24 $82.320.26 80024 Community Services Supervisor 1hourly $ 32.93 $ 34.58 $ 36.31 $ 38.13 $ 40.03 $ 42.03 $ 44.13 monthly $ 5,708.55 $ 5,993.98 $ 6,293.67 $ 6,608.36 $ 6,938.78 $ 7,285.71 $ 7,650.00 annual $ 68.502.58 1 $ 71.927.71 1 $ 75.524.09 1 $ 79.300.30 1 $ 83.265.31 1 $ 87.428.58 1 $ 91.800.01 Page 7 of 26 Adopted: April 6, 2022 City Employees Association (CEA) Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk houry $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 80077 En ineerinq Assistant hour/ $25.44 $26.72 $28.05 $29.46 $30.93 $32.47 $34.10 rnonth1v $4,410.36 $4,630.88 $4,862.42 $5,105.54 $5,360.82 $5,628.86 $5,910.30 annual $52,924.29 $55,570.51 $58,349.03 $61,266.48 $64,329.81 $67,546.30 $70,923.61 42045 Finance Clerk hour/ $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 month1v $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80026 Housin Inspector hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 rnonth1v $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 42050 Housing Specialist hourIv $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 42049 Housin Technician hour/ $15.85 $16.64 $17.47 $18.35 $19.26 $20.23 $21.24 monthly $2,747.02 $2,884.37 $3,028.59 $3,180.02 $3,339.02 $3,505.98 $3,681.27 annual $32,964.28 $34,612.49 $36,343.12 $38,160.27 $40,068.29 $42,071.70 $44,175.29 42020 Imaging Specialist hourly MMMM MMM $17.44 $18.32 mmMM$3174.75 $19.23 _...._.... $20.19 $21.20 MM$3,675.18 $22.26 MM $m23.38 monthly 3,023.58 $3 ,333.49 $3,500.17 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80043 Information S stems Support Technician hour/ $21.37 $22.44 $23.56 $24.74 $25.97 $27.27 $28.64 rnonth1v $3,703.79 $3,888.98 $4,083.43 $4,287.60 $4,501.98 $4,727.08 $4,963.44 annual $44,445.52 $46,667.80 $49,001.19 $51,451.25 $54,023.81 $56,725.00 $59,561.25 Page 8 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Mana ement Analysthourly $27.59 $28.97 $30.42 $31.94 $33.54 $35.22 $36.98 months$4,783.00 $5,022.15 $5,273.26 $5,536.93 $5,813.77 $6,104.46 $6,409.68 annual $57,396.05 $60,265.86 $63,279.15 $66,443.11 $69,765.26 $73,253.52 $76,916.20 80069_______ _........ Management Assistant ......... hourly $25.72 $27.00 $28.35 $29.77 $31.26 _.._ $32.82 $34.46 monthly $4,457.32 $4,680.18 $4,914.19 $5,159.90 $5,417.90 $5,688.79 $5,973.23 annual $53,487.82 $56,162.21 $58,970.32 $61,918.84 $65,014.78 $68,265.52 $71,678.80 80052 Pa roll Specialist ..................................... hourly m $22.42 $23.54 $24.72 $25.95 $27.25 $28.61 $30.04 monthly $3,885.89 $4,080.19 $4,284.20 $4,498.41 $4,723.33 $4,959.49 $5,207.47 annual $46,630.73 $48,962.26 $51,410.38 $53,980.90 $56,679.94 $59,513.94 $62,489.64 80051 Pro ram Coordinator hour/ $21.87 $22.96 $24.11 $25.31 $26.58 $27.91 $29.30 monthly $3,790.02 $3,979.53 $4,178.50 $4,387.43 $4,606.80 $4,837.14 $5,078.99 annual $45,480.29 $47,754.30 $50,142.02 $52,649.12 $55,281.58 $58,045.66 $60,947.94 80031 Pro ram Supervisor hourly $27.60 $28.98 $30.43 $31.96 $33.55 $35.23 $36.99 monthly $4,784.71 $5,023.94 $5,275.14 $5,538.90 $5,815.84 $6,106.63 $6,411.97 annual $57,416.49 $60,287.32 $63,301.68 $66,466.77 $69,790.11 $73,279.61 $76,943.59 80081 Pro ram Supervisor Y-Rated A hourly $36.85 monthly $6,387.17 annual $76,646.02 80035 Senior Finance Clerk hourly $21.34 $22.41 $23.53 $24.71 $25.94 $27.24 $28.60 monthly $3,699.71 $3,884.70 $4,078.93 $4,282.88 $4,497.02 $4,721.88 $4,957.97 annual $44,396.56 $46,616.39 $48,947.21 $51,394.57 $53,964.30 $56,662.51 $59,495.64 ______ 42052 - - - -------- -------------------- Senior Housing S ecialist hour/ ---------------------------------------------------------------------------- $22.11 ------------------------------------- $23.21 -------------------------------------- $24.37 -------------------------------------- $25.59 ------- $26.87 $28.21 -- $29.63 monthly _ ...... $3,831.91 $4,023.50 $4,224.68 $4,435.91 $4,657.70 $4,890.59 $5,135.12 annual $45,982.86 $48,282.01 $50,696.11 $53,230.91 $55,892.46 $58,687.08 $61,621.44 80041Senior �............... Planner hourly $ 36.10 $ 37.91 $ 39.80 $ 41.80 $ 43.88 $ 46.08 $ 48.38 montes $ 6,137.73 $ 6,444.61 $ 6,766.84 $ 7,105.19 $ 7,460.45 $ 7,833.47 $ 8,225.14 annual $ 73,652.73 $ 77,335.37 $ 81,202.14 $ 85,262.24 $ 89,525.36 $ 94,001.62 $ 98,701.70 Page 9 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 E uipment Mechanic hour/ $21.22 $22.28 $23.40 $24.57 _. ..__ $25.80 .....__... $27.09 $28.44 monthly $3,678.50 $3,862.42 $4,055.54 $4,258.32 $4,471.24 $4,69 4.80 $4,929.54 annual $44,141.97 $46,349.07 $48,666.52 $51,099.85 $53,654.84 $562337.58 $59,154.46 40054 Maintenance Worker Ihour/ $17.89 $18.78 $19.72 $20.71 $21.74 $22.83 $23.97 monthly $3,100.25 $3,255.26 $3,418.02 $3,588.93 $3,768.37 $3,956.79 $4,154.63 annual $37,202.99 $39,063.14 $41,016.30 $43,067.11 $45,220.47 $47,481.49 $49,855.57 40055 Maintenance Worker II hourly $19.67 $20.66 $21.69 $22.78 $23.92 $25.11 $26.37 monthly $3,410.83 $3,580.85 $3,759.89 $3,947.88 $4,145.28 $4,352.54 $4,570.17 annual $40,923.95 $42,970.15 $45,118.66 $47,374.59 $49,743.32 $52,230.48 $54,842.01 40053 Senior Equipment Mechanic hourly $23.34 $24.51 $25.74 $27.02 $28.38 $29.79 $31.28 monthly $4,046.33 $4,248.65 $4,461.08 $4,684.13 $4,918.34 $5,164.26 $5,422.47 annual $48,555.96 $50,983.76 $53,532.94 $56,209.59 $59,020.07 $61,971.07 $65,069.63 40060 Senior Maintenance Worker hour/ $21.72 $22.80 $23.94 $25.14 $26.40 $27.72 $29.10 ® _ monthly$3,764.40 $3,952.62 $4,150.25 $4,357.77 $4,575.65 $4,804.44 $5,044.66 annual__. $45,172.82. _m�47,431.46 --- _m$- 49,803.04 _.-.. m 2 52m,._2 ._.____ 93.19 _ $ _._.m . $54,907.85 ._. $57,653.24 m ._ $60,535.90 Senior Maintenance Worker Y -Rated hourly $39.96 rv____ monthI ________, , ._ __, __ _____________ $6,926.59 _rv___ ^. rv_____ _________,- ------------- annual $83,119.02 40062 Street Sweeper Operator hour/ _...... ........_ ......................$20.17 $21.18 $22.23 $23.35 $24.51 $25.74 $27.03 month/ $3,495.56 $3,670.34 $3,853.86 $4,046.55 $4,248.88 $4,461.32 $4,684.39 annual $41,946.72 $44,044.06 $46,246.26 $48,558.58 $50,986.51 $53,535.83 $56,212.62 Page 10 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51047 Civilian Dispatcher hourIv $23.76 $24.95 $26.20 $27.51 $28.88 monthIV $4,118.86 $4,324.81 $4,541.05 $4,768.10 $5,006.50 annual $49,426.34 $51,897.66 $54,492.54 $57,217.17 $60,078.03 51064 Civilian Dispatcher Supervisor hour/ .... $31.78 $33.37 $35.03 $36.79 $38.62 monthly $5,507.96 $5,783.36 $6,072.53 $6,376.15 $6,694.96 annual $66,095.51 $69,400.29 $72,870.30 $76,513.82 $80,339.51 51029 Communit Service Officer hour/ $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,6_50.36 $4,882.88 $5,1„27.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 51041Parking Enforcement Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $582594.57 $61,524.30 50076 Police Officer hourly ................................ $37.08 $38.93 $40.88 $42.92 $45.07 monthly $6,426.98 $6,748.33 $7,085.74 $7,440.03 $7,812.03 annual $77,123.75 $80,979.94 $85,028.93 $89,280.38 $93,744.40 51039 . .. Police Records Specialist I $17.84 $18.73 $19.67 $20.65 $21.68 monthly ..... $3,092.21 $3,246.82 $3,409.16 $3,579.62 $3,758.60 annual $37,106.54 $38,961.87 $40,909.96 $42,955.46 $45,103.23 51040 Police Records Specialist II hourly $19.69 $20.68 $21.71 $22.79 $23.93 monthly $3,413.04 $3,583.69 $3,762.88 $3,951.02 $4,148.57 annual $40,956.51 $43,004.33 $45,154.55 $47,412.28 $49,782.89 52085 Police Ser eant hourly $46.45 $48.78 $51.22 $53.78 $56.46 monthly $8,051.96 $8,454.56 $8,877.29 $9,321.15 $9,787.21 annual 1 $96,623.54 $101,454.721 $106,527.45 $111,853. .82 $117,446.52 51062 Police Technician hourly $25.16 $26.42 $27.74 $29.13 $30.58 monthlv $4,361.13 $4,5_79.19 $4,808.15 $5,048.56 $5,300.98 annual $52,333.59 $54,950.27 $57,697.78 $60,582.67 $63,611.80 Page 11 of 26 Adopted: April 6, 2022 Job Page 12 of 26 Adopted: April 6, 2022 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30090 Police Captain 1hourly $64.041 $67.24 $70.601 $74.13 $77.84 $81.731 $85.82 Imonthly 1 $11,099.961 $11,654.951 $12,237.701 $12,849.59 $13,492.07 $14,166.671 $14,875.00 annual 1 $133,199.471 $139,859.451 $146,852.421 $154,195.04 $161,904.79 $170,000.031 $178,500.03 30089 Police Lieutenant hour/ month/ annual $56.94 $9,869.45 $118,433.34 $59.79 $10,362.92 $124,355.01 $62.78 $10,881.06 $130,572.76 $65.91 $11,425.12 $137,101.40 $69.21 $11,996.37 $143,956.47 $72.67 $12,596.19 $151,154.29 $76.30 $13,226.00 $158,712.01 Page 13 of 26 Adopted: April 6, 2022 Range Page 14 of 26 Adopted: April 6, 2022 PT14 SwimCoach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $21.33 Police Specialist hourly 1$16.82 1$17.15 1$17.50 1$17.85 1$18.20 1$18.57 1$18.94 $21.33 Computer Specialist hourly$16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $21.33 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $21.33 Housing Specialist I _----____ __________________ hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 $21.75 hourly $17.15 $17.50 $17.85 1$18.20 1$18.57 $18.94 $19.32 PT16 Head Lifeguard hourly -$17.501$17-85 1$22.63 $18.20 1$18.57 1$18.94 1$19.32 1$19.70 Planning Technician hourly $17.50 $17.85 1$18.20 1$18.57 1$18.94 1$19.32 1$19.70 Community Enhancement Technician hourly $17.50$17.85 ...................... $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 1$18.20 1$18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 1$18.57 1$18.94 1$19.32 1$19.70 1$20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 1$18.94 1$19.32 1$19.70 1$20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 1$18.57 $18.94 1$19.32 1$19.70 1$20.10 1$20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 IFGeneralist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist .... ............................ hourly $18.57 ... $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager -, hourly $18.57 $18.94 1$19.32 $19.70 $20.10 $20.50 $20.91 City Clerk Specialist hourly $18.57 $18.94 1 $19.32 $19.71 I $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $21.33 hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $22.19 ......... hourly $19.32 $19.70 $20.10 1$20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 1$21.75 $22.19 $22.63 PT24 --...._______________________________________________ ________ hourly $20.50-mmmmm----- $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 1$22.63 $23.09 $23.55 PT26 hourly $21.33 1$21.75 $22.19 1$22.63 1$23.09 1$23.55 $24.02 PT27 hourly $21.75 1$22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT hourly $22.19 1$22.63 1$23.09 1$23.55 $24.02 $24.50 $24.99 Page 15 of 26 Adopted: April 6, 2022 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 j$25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 1$24.02 1$24.50 1$24.99 1$25.49 1$26.00 Page 16 of 26 Adopted: April 6, 2022 10005 20001 20037 20092 20094 20096 120097 30089 30090 31012 31025 31031 31041 40U�3 40054 40055 40060 40061 40062 42020 42036 42037 42045 42048 42049 42052 51029 51041 51047 51062 51064 51065 51071 180025 8002�-- 80031 80033 8003 80040 80043 80051 80058 80062 80065 80069 80070 80073 80077 80081 2O005 -A ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer BY: Lourdes Morales, Chief Deputy City Clerk DATE: April 6, 2022 SUBJECT: Approval of an Agreement with Prime Government Inc. Solutions for Legislative Management Suite SUMMARY This report seeks City Council consideration to approve a cohesive legislative management system that will manage all public meeting processes for City Council, Boards, and Commissions. Currently, the agenda process is compiled manually without a centralized and uniformed method. This new software will enhance public access and engagement by facilitating an automated system with the capabilities of translating governing materials in over 100 languages; shorten the agenda process; and route legislative proceedings with minimal intervention. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Mayor to execute a three-year agreement with Prime Government Inc. with an additional annual renewal option in an amount not to exceed $146,400 based on the sole source purchasing process per BPMC §34.23(6): Bidding exceptions; and 2. Authorize Director of Finance to make all necessary appropriation and budget adjustments from the American Rescue Plan Act (ABPA) revenue replacement category. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The cost for data migration, implementation, deployment, and training for the first year amounts to a one-time cost of $67,211. The annual proposed cost for year two is $38,599.05 and year three at $40,529, with a total cost of $146,339.05 which will be funded from the ARPA funds, account #275-10-765-58105-52100. BACKGROUND The IT Department has operated the Granicus governmental agendas software platform since 2004. There has been a significant increment in technological advances such as building a workflow for agenda preparation and automatization of legislative proceedings; cloud based software enabling client use from any location without a VPN; integrations with Google Translate and Office 365; YouTube and zoom integration for video streaming; automated templates of reoccurring documents; flexible incorporation of word text and excel, once -click signature feature, tracking workflow of agreements; quick member voting display; personal account annotations; speaker management tool; live closed captioning for the hearing impaired; and auditing reports. In concurrence with key staff, the Administrative Department wishes to upgrade modules to include an agenda management software, centralized meeting management solution for committee meetings, community engagement and streaming while incorporating electronic voting and live closed captioning in compliance with ADH requirements. Prime Governmental Inc. offers the most robust software with a diverse platform to assist all internal staff in agenda preparation, individually tailored templates, and public access in multiple languages. Additionally, the Chief Deputy City Clerk also collaborated with the Public Works Department, IT, La Canada Design Group, and Prime Government Inc. to ensure the management suite was compatible with the AV system incorporated in the upcoming renovations of the Council Chambers. Staff desires to match the visual enhancements of the renewed space with technological improvements to facilitate public meeting access and engagement. LEGAL REVIEW The City Attorney has reviewed this report and the attached agreement. ALTERNATIVES The City Council may decide not to approve this request and direct staff to continue the current manual agenda, minutes, resolutions, contracts, ordinance process. ATTACHMENTS 1. Proposal 2. Agreement 3. Sole Source Letter PrimeGov Comprehensive Legislative Management Solution Proposal for City of Baldwin Park, CA Customer Contact: Lourdes Morales Chief Deputy City Clerk Imorales@baldwinpark.com 626-960-4011, ext. 466 Proposal Date: PrimeGov Contact: Michelle Cooper Director of Sales MCooper@rocksolid.com 469-250-2733 3/29/2022 Proposal Expiration: 4/29/2022 Prime Government Solutions 14250 Drinkwater Blvd. Suite 300 1 Scottsdale AZ 852511801-341-1910 3/29/2022 Michelle Cooper, Director of Sales via email Dear Lourdes, Thank you for the opportunity to help you upgrade to a cohesive legislative management system that m anages yo ur public m eeting p rocesses w ith the la test, e asy-to-use technology. Pr ime Government Solutions, Inc. ("PrimeGov") is familiar with the City of Baldwin Parks's needs in part because we have selectively recruited the most experienced team members in the industry. In fact, we originally started PrimeGov because we had developed strong relationships with government staff over the years and we were disheartened by the steady decline in the quality of service and the lack of technical innovation by the big software providers in this space. PrimeGov is different because our only focus is managing the public meeting process. We do not build websites or other non -legislative products. We live to make clerks' lives easier. It's just what we do. Having that focus means that every day our team is in the field with our clients to see a nd h ear f or o urselves ex actly w here t he legislative p rocess n eeds a utomation. T hen, because our development team is not distracted by or competing with other products, we quickly build solutions to meet those challenges. A recent example is the ability to send property notices via postcard without ever leaving our system. Here are some of the many ways we stand above the rest: • Every member of our executive team and board has years of experience working with clerks. Unlike document management companies or private equity firms, we understand the p ressure staff i s under d uring a m eeting and the ne ed for u s to respond q uickly, especially when the council and the public are waiting. • We build o ur s olution on w idely u sed a nd s upported w eb applications. T echnology, particularly video, has improved dramatically over the last five years; it no longer makes sense t o re create a v ideo p layer o r s torage w hen G oogle a nd Microsoft h ave s pent billions d eveloping a nd m aintaining their p roducts. Our r ole a s a company i sn't to recreate the wheel but to adapt software to meet the specific needs of clerks. We offer seamless, superior integrations with popular, easy-to-use products such as Laserfiche, YouTube, Word, Zoom, Chrome, and more. • Our dedication to delivering the best solutions specific to local government frees up our team to d evelop s oftware r elevant to clerks a nd m embers of th e p ublic l ooking f or information. This feature, along with our new Quick Voting solution, is why the City of Los Angeles contracted with us to replace four of their existing systems with our one. • PrimeGov's software is 100% cloud -based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client -side installations, stream -lining deployment a nd i mplementation. P rimeGov's completely v irtual e nvironment e nsures business continuity even when faced with the toughest externalities, such as a natural disaster or a public health crisis. • PrimeGov's a genda m anagement system allows f or th e i nstant generation of a genda packets. Compiling and converting various staff reports and attachments into a complete agenda p acket c an t ake ho urs, b ut w ith Pr imeGov, t his i mportant function ha ppens immediately. • The system does an automatic check to e nsure that the files of supporting documents function prior to compiling, and if they a re corrupt, it identifies the broken file for easy replacement, saving you hours of time otherwise spent searching for the specific file. • PrimeGov provides powerful and flexible workflows. Our workflows can be set up to automate many tasks such a s a ppointing c itizens t o boards o r se nding e mails t o appointees. Furthermore, staff can create a peer review group as part of a workflow that allows r eviewing o r e diting p ermissions f or st aff m embers w ithout disrupting t he standard approval process. We a re p rofessionally and personally c ommitted t o m aking Baldwin P ark's deployment a success. Our i mplementation p Lan, f Lexible tr aining op tions, a nd understanding o f y our requirements ensure that your system is widely adopted. I will personally help oversee your project and the dedicated project team will include Larry Thorpe, our technical services team Lead, a nd Jessica Waggoner, o ur p rofessional services m anager. O nce d eployment is complete, we'll be there for you with our experienced support staff and stable, modern technology. We look forward to working with you so you can see for yourselves how easy PrimeGov is to use and why our experience, technology, and focus on the legislative process make us uniquely capable of meeting the City's requirements. Sincerely, Tom Spengler, Executive Chairman 3 Pricing The P rimeGov L egislative M anagement p latform i s a s ingle, hosted solution th at w e c an partition into separate modules when clients are looking to start with specific functions only. Should you decide to add services in the future you never have to w orry a bout integration or data migration issues because all modules share the same database. The pricing is based on population a nd th ere a re n o l imits to th e n umber of users, committees, or a mount of d ata uploaded to the solution. The following PrimeGov modules are included in this proposal: • Agenda Management Committee Management • Meeting Management Community Engagement • Electronic Voting Video Streaming • Live Closed Captioning Agenda Automation $8,670 Meeting Management $6,503 Member Voting $3,468 Community Engagement $4,335 Video Streaming $4,335 • Live Closed Captioning (Service Hours) $9,450 Annual Cost _ $36,761 Data Migration ______ $9,450 2 EEG HD Caption Encoders ($10,000 each) $20,000 Standard Implementation $5,000 Multi-year Agreement Discount -$4,000 --------------- Total Up -front Cost$30,450 _ Total First Year Cost $67,211 .... ........ ..... Subsequent Years $36,761.00 + 5% Annual Increase 4 1/ Solution Overview: 1=1 1&0=1 f,-JQ-iJiVMMIMMI Agenda Automation With Prirne(Sov, you can manage the entire agenda process --from submitting an agenda item for @ meeting to ensuring that the item has aLLth8 necessary supporting rnateri@iS to be heard. Agenda itenns can have pertinent itern information tracked. such as: sponsor, backgrmund. speaker, and recommendations. ALL custom fieLds can be tracked for reporting purposes. Agenda items can he nnoved or copied to a nothernneating vvith a fuLL|egisiative histVryavai|abie.As items are moved, copied or arranged within the meetings, the numbering and formatting of the item is autonnaticaLk/ adjusted. This makes Last-minutechangessirnpLetm handie. ASpart ofAgenda Automation, Phrne(5Ovincbudes ekeCtronicforms and our Wmrkfkovvnnnduie. Using this autornadVn.theCUentcanadd an a genda i tern a nd se nd i t t hrough a n approvai process. This automation provides an efficient and trackabLe way of making sure that an item is properLy reviewed and ready to be presented at a meeting. There is no Limit to the number of agenda tempLates that can be created in the soLution. K4uUbphe tennpkatescanevenbe created for individuainneedngtypes.ForexannpLe'there couidbe a regukarnneeting and ciosedsessionrneetingfor thesannebody.TheCLienthaScornpbete controL of the tempLates, and how they are formatted. Documents that are added to an item either direct|v or through vvmrkfbovv can be in any format and vviUhawe (]CR performed onthem so t hey c an b e se arched easik/.They vviUaL5o be converted to PDF There are no proprietary fiLe formats used in the soLution. Once an agenda and aLL its supporting materiaLs have been added to the system the CLient can oonnpibethem into apacket with the cUckofa button. That packet asvveKasthe agenda can be pubLishedtothe CUentwebsite with another cLickufabutton. Key ModwLesWorkFLoVV The Phm8GuvVVOrkfLow rnnduLe8LLows forth e automatiOnofvi|tuaLLy a ny business process. This means that not onLy can it be used to track and manage the submission of 5 Ve meeting such as; Sch8duLing, notifications, agenda review, agenda distribution, citizen input, meeting actions, and staff foLLow up after the meeting. • Automatic initiation of worl when an action request is submitted eLectronical • Easy document routing for review and approval • Automatic notification via email OrvvOrkf[Qvv queue • Paralwork process w User friencilk/ administration • UnLirnitedvvorkfLovvscan hecreated • Real monitoring offk»vvsbushow where action requests are inthe process • Deacill can be set for tasks to be compLeted KpwModWte: Meeting Viewer and Annotations The PhnneGov Meeting Viewer is provUedwit hthesokuton. Meeting Viewer oI users to view different document types without having to have the native appLication on their device. |ta|soaiiovvs userstp a nnotate th eir copy of th e agenda and supporbng nnateriaL5. Some ft he a nnotatinnSi nc[uded a re no t8s.hi ghUghdng,r edaC±iun' signatures, and more. When a user annotates their copy of the agenda` they vviiLhave their annotations on the agenda when they Log in for the meeting. Because the Prirn8{Sov sol is 1OQ96web-based and has been designed with rnohiLe-firstbechnol users Meeting Management During a meeting, aLL roLL caLl motions, votes, minutes, notes, actions, and video streaming can be performed with ease. The PhrneGDvreaL-tjnne meeting rnanagern8nttVo|s provide a singLe interface that aiLovvs aK aspects of the meeting to be nnanaged, often by singieuser. ALternativek/.the system aKlmembers ofthe board tprecwrdtheirnvvnvotes using their web-en@bi8d device. The real meeting tOoLSaiSoprovide options for citizen engagement: Information about the current item, speakers, motion information, and votes can be dispLayed in the rneetingor on Line via thepuhLiC portal. inrea[time. Citizens [an a[So p artidpate in conversations with other citizens and Leave comments about the meeting as it progresses via the pubUCpVrtaLAiitheconnnnents. conversations, andinf8rrnatiOnabout th8rneetingand specific agenda items can be archived and stored or made avaiLabLe to the pubLic post meeting as part of the meeting page or LegisLative history if the CLient chooses to d o so. In addition, a Speaker Management system is buiLt in that aLLows for speakers to sign up for a topic they want tOaddress the board about. Once they begin speaking auser can start the timer, SVthey know when their time isup. Key Feature: Speaker Management ASpe8k8r management interf@[eisiU[Luded 85part OfK4eetng Management nd inciudesa tirnerthat can be dispLayedin chambers. Speaker K4anagernentcanbe configured in a cOup[8different ways. Members rfthe pub[icthat vvouidLike tDspeak on a particuLar item can either sign up onLine, and be automaticaLLy added in the system, or can be manuaLLy added by the cLerk or other user that is managing the meeting i n the system. How they are piaced in the system is cornpieteiyuptnthe CUent. Once histime for the speaker to start taLking the cLerk or other user can start the timer. Additimnaitirn2 can be added if needed. Member Voting The Meeting Management interface caLLed Meeting Viewer aLso provides a means for the members to record their vote during a meeting and offers the abiUtvto communicate the voting process of agenda items to the pubLic. This soLution aLLows voting members and support personne<the opportunity to e<ectronicaik/ view items and supporting documentation on the agenda and to e LectronicaLLy cast votes on motions. The Voting sniution provides an automated and effective approach to recording the events of the meeting to make it easy for the supporting personneL to foLLow aLong and manage the meeting asitisinsession. Video Streaming The Video/Audio recording iSintegrated into the Live meeting nnoduie and aLLOvvsthe video tQbe easik/started. items to betinnestannped. and video to he embedded into the pubUc purtaiand iegis[@tive history. ALL 0fthis is from within the same interface used for running the meeting. The Live stream and on -demand recordings are managed through YouTube's powerful. distribution piatfornn.C]ne of the advantages to using YouTube is that they provide a free audio-transLation component that can be used for cLosed captions. The CLient wiLL need an encoder to stream, but a[iexiSting cameras, microphones, etc. vviLivvork. [Uents may choose tota ke advantage of PhrneGVvs ckzud-basedL kxe Ckosed Captioning OffehngtO8nh@nCetheir meeting videas. Automated [[Osed caodVningis avaiLabLe without the purchase of any additionaL equipment a nd increases accessibiLity 7 Committee Management: OptionaL PhnneGovhasintegrated the management ofboards and commissions asa core part ofour so[UtiOn.|tisnot aseparate moduieor@nafterthought, it's bUibright in. Viewing, editing, and adding committees, boards, members, or positions, has never been easier. In one succinct view, auser can take care 0faLLcommittee tasks efficientby andeffeddVeiv.They can qUi[kLvcreate initial. and subsequent terms, and even spihterms ifa seat becomes vacant rnid-berrn. Customers can create meetings customized to a committee's scheduLe, i ncLuding the abiLity to specify the exact cadence, time, and Location of meetings. Once the meeting is scheduLed, the Prirne(5mv Committee Management vviiikeep committee members reguLar|v informed about their upcmrninB meetings. Cnrnnnitteennembers have acceSGtotheir schedu[e and meeting rnateriaisontheir rnobiLe device sothat they are akwaysinformed wherever they go. Integrating Committee Management as a core piece of the software aLLows an unLimited number wfnneedngtypes to be created for each committee. Each meeting type can have a vahety of ternpLates (agenda, minutes, action surnrnary, confidentiaL, etc.) that LLovvs for rnaxirnurn fLexibiLitywithout dupiicating data entry oradministrative efforts. Community Engagement: Improving [ornnnunhx8ngag8rnentOobon6iS core tOth8PrinneGQv mission. We b8Lieve technoLogy can improve communications between eLected officiaLs and their Local. community. The Community Engagement moduLe incLudes the foLLowing: Key Feature: Community Comment This software creates a pubLic portal. for citizens to comment on individual. agenda items. The Cmrnnnents are text -based and a character Limit can be e5tabLi5hedtV repUcatethe time Limit used for pubLic speakers when meetings are in person. ALL comments wiLL be aggregated inb]a SimpLereport and provided toe[8ctedqffidaiS.CDmment5are not pubLicLy viabLe until. they are pubLished by the agency during or after the meeting. Key Feature: Community Request -to -Speak The Request to Speak functionaLity aLLows community members to sign up to request to speak for any agenda item. The software wiLL manage the sign-up and provide an ordered 8 The Public Portal can be integrated directly within the Client's website, providing a seamless Look a nd feel. Constituents c an search for a nd view meeting a gendas, minutes, supporting materials, a nd video/audio. The portal a lso provides the ability for constituents to search the legislative history of a n agenda item showing virtually all the information the system knows about the item. This includes the meeting history, voting records, speakers, and video specific to An i nternal p ortat can also b e u sed i f th e Client would l ike to p u lish s pecific i nformation internally prior to it being made available to the public. II . PrimeGov has developed custom data migration tools to transfer the Client's data from Granicus and/or SIRE into the PrimeGov system to ensure the Client keeps all its meeting information and videos. PrimeGov w ill work w ith th e C tient to e stablish th e s cope of migration w hich varies based on volume of data and current systems. The migration tool can access the data (read- only) to pull it from the current system and bring it into the PrimeGov system. We conduct each migration w ith th ree s tages f ollowed by a v alidation p eriod. T hese s tages of m igration are meeting records, video uploads and metadata/attachments. Global Features and Services Standard Reports The PrimeGov reporting engine allows users to configure reports on any data stored in the system. Users can create "views" using system tools then use those views to create their own report. Standard reports are also provided and include: • Committee member reports • Committee Vacancy Reports • Vote Records • Audit report (login, adds, deletes, etc.) • Usage Reports (Items Submitted, Items Approved, Review Time) All reports can be exported to (PDF, CSV, and Excel). Users can filter and re -run standard reports or save them. Mobile Accessibility 9 As a compLeteLy web -based soLution, anyone with permissions can view and access the agendas, minutes, and supporting documents from any device that has a web browser. The SQ[Utionhas been designed with mobiLe-firsttechnoLogy so thatthe product dispLays andscabes appropriateivdepending Vnthe device the user isviewing iton. 99 The phrn8GOvLegi5Lativ8Management Suite i5driven byRestfu[Web Services. This aLLows virtuaLLy anyone (other software vendors, open data cleveLopers) the CUentaikavvs to consume the data avaiiabie in the SySt8nn. /\c[8SS is cnntrOLied by the CUent and the avaiiabLe^datasets^are pubLishedbythe CUent. justLike pubiishing an agenda. PRIMEGOV SERVICE AGREEMENT THIS AGREEMENT (the "Agreement') is made on the day of 20 BETWEEN 1. PRIME GOVERNMENT SOLUTIONS, INC., having its principal office at 3429 Derry Street, Harrisburg, PA 17111 (the "Supplier"); and 2. _City of Baldwin Park_ whose registered office is at 1440e E. Pacific Avenue, Baldwin Park, CA 91706 (the "Customer") (and at times referred to in this Agreement as a "party" or "parties") BACKGROUND A. The Supplier has developed and owns the Service (as defined in clause 1) and has granted to the Customer a non-exclusive license to use such Service solely for Customer's internal operations and in accordance with the terms and conditions of this Agreement. The terms of this Agreement shall also apply to any updates and upgrades subsequently provided by Supplier to Customer for the Service. Supplier may update the functionality of or make modifications to the Service and user interface of the Service from time to time in its sole discretion and shall not be liable to Customer or to any third party for any modification of the Service. Supplier will use commercially reasonable efforts to notify Customer of any material modifications. B. The Customer wishes the Supplier to provide certain support services in respect of the Service in accordance with the provisions set out in Schedule 1 of this Agreement ("Support Services"). OPERATIVE PROVISIONS 1 DEFINITIONS In this Agreement the following expressions will have the following meanings unless inconsistent with the context: "Affiliate" means any company or non -corporate entity that controls, is controlled by, or is under common control with a party. An entity shall be regarded as in control of another company or entity if it owns or directly or indirectly controls more than 50 per cent. of the voting rights of the other company or entity. "Application Password" means any encryption keys, certificates, passwords, access codes, user IDs or other login information provided to or used by Customer for the purpose of accessing and using the Service. "Business Day" a day that is not a Saturday, Sunday, or public holiday. "Client Environment" means the Customer hardware and software system containing the minimum specification, which the Customer, as advised by Supplier, is required to have to enable the Customer to connect with the Service. "Customer Data" means data, information or material provided or submitted by Customer or any User to the Supplier in the course of utilizing the Service. "Data Controller" means an entity which alone or jointly with others determines purposes for which and the manner in which any data are, or are to be, processed. "Data Processor" means an entity which processes the data only on behalf of the data controller and not for any purposes of its own. "Effective Date" means the date of this Agreement signed by the Supplier and the Customer. "Intellectual Property Rights" means all intellectual and industrial property rights of any kind whatsoever, registered or unregistered, including patents, know-how, software, code, intellectual property specifications, design plans, prototypes, drawings, software, software documentation, material, documents, ideas, operations, processes, product information, know- how, and the like including mode and procedures of development of source code, registered trademarks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trademarks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, and any other rights in any invention, discovery or process, in each case in all countries in the world and together with all renewals and extensions. "Personal Data" means data that is processed by the Supplier on behalf of the Customer in relation to this Agreement and may include any information or data derived from Services that alone or together with any other information relates to an identified or identifiable natural person, or data considered to be personal data as defined under applicable privacy law. "Pricing Schedule" means Schedule 2 to this Agreement which sets out the prices and payment terms for the Service. "Professional Services" means the general consulting, implementation and/or training services to be provided to Customer. "Purchase Order" means a purchase order issued by the Customer to the Supplier for the Service. "Service" means Supplier's online software applications purchased by Customer and maintained through Support Services by Supplier including associated offline components and ancillary online or offline services to which Customer is granted access under this Agreement. "Service Level Commitments" the service level commitments in respect of the Service to the Customer as more particularly set out in Schedule 1. "Term" means the term of this Agreement as specified in clause 3. "User" means one (or, if more than one, "Users") of Customer's employees, representatives, consultants, contractors or agents and other persons expressly permitted by Customer in connection with Customer's business affairs who are authorized to use the Service and have been supplied User identifications and passwords by Customer. INTERPRETATION 2.1 Person: The expression "person" means any individual, firm, body corporate, unincorporated association, or partnership, government, state, or agency of a state orjoint venture. 2.2 Headings: The index and headings to the clauses, the Appendices and Schedules of this Agreement are for convenience only and will not affect its construction or interpretation. 2.3 Statutes: Any reference to a statute or statutory provision and all regulations and notices made pursuant to it (whether made before or after the date of this Agreement), includes a reference to the same as from time to time amended, modified, extended, re-enacted, consolidated, or replaced provided that amendments, consolidations, modifications, extensions, re-enactments or replacements made after the date of this Agreement will not have substantively changed any provision which is relevant to this Agreement. 2.4 Provisions of the Agreement: Any reference in this Agreement to a clause, Schedule or Appendix is a reference to a clause, Schedule or Appendix of this Agreement and references in any Schedule or Appendix to paragraphs relate to the paragraphs in that Schedule or Appendix. The Schedules and Appendices form part of this Agreement and will have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement will include the Schedules and Appendices. 2.5 Writing: Any references to "writing" or "written" includes references to any communication effected by post, facsimile, email or any comparable means. TERM 3.1 This Agreement shall unless terminated in accordance with clause 19, commences on the Effective Date and shall continue for an initial period of XXXX (X) years therefrom (the "Initial Term"). 3.2 The term of this Agreement shall automatically extend for a period of one (1) year (the "Extended Term") at the end of the Initial Term and at the end of each Extended Term, unless either party gives written notice to the other party not later than three (3) months before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may. 4 CUSTOMER USE OF THE SERVICE 4.1 Supplier grants Customer a license to access and use the Service during the Term via the internet under and subject to the terms of this Agreement. Supplier reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time. FEES AND PAYMENT 5.1 Customer agrees to pay fees as set forth in the Pricing Schedule ("Service Fees"). 5.2 The Service Fees are to be paid annually in advance commencing on the Effective Date of this agreement and are non-refundable. 5.3 The Service Fees shall be billable and payable annually in advance for a twelve (12) month period at a time (a "Service Year") on the anniversary of the Effective Service Date ("Renewal Date") for the first year and for each year thereafter the Service Fees shall be payable annually in advance on each subsequent anniversary of the Renewal Date. One month prior to the expiry of a Service Year ("Service Year Expiry Date") the Service Fees for the Service Year will be invoiced by the Supplier to the Customer in respect of the Service to be provided in the following Service Year. The Customer shall pay the Service Fees on or before the relevant Service Year Expiry Date. 5.4 Where any additional Service(s) is acquired by the Customer during the period between one Renewal Date and the next Renewal Date (the "Installation Year') the Service Fees payable shall be calculated pro -rata, from the date of the Purchase Order for the Service(s) in the Installation Year up to the next Renewal Date applicable to Customer's other Licenses. For all subsequent years thereafter, the Service Fees shall be payable annually in advance on each anniversary of the Renewal Date in accordance with this Agreement. 5.5 Where the Supplier performs Professional Services under this Agreement (such as configuration of the Support Service if requested by Customer or migration of Customer Data to the Service), such services shall be invoiced by the Supplier on a time and material basis in accordance with the Supplier's rates in effect at the time of provision of such services ("Professional Services Fees") unless otherwise agreed in writing between the Parties and will be payable without withholding, deduction or off set of any amounts for any purpose. 5.6 The Service Fees and Professional Service Fees do not include local or foreign taxes, duties, fees, and levies imposed from time to time by any government or other authority ("Taxes") and such Taxes, where applicable, will be payable by the Customer on the Service Fees and Professional Services Fees, atthe rate applicable at the time of supply of the Service and/or Professional Services. 5.7 The Customer shall pay each invoice within thirty (30) days of receipt of this invoice. 5.8 Customer agrees to provide Supplier billing and contact information as Supplier may reasonably require. Customer agrees to update this information promptly by means of email to the Supplier and in any case within fifteen (15) days, if there is any change. NON-PAYMENT 6.1 Customer's account will be considered delinquent (in arrears) if the Supplier has not received payment in full within thirty (30) days after the due date, and without prejudice to any other rights and remedies of the Supplier; 6.2 Interest shall accrue on any payments (or any part thereof) outstanding at a rate of one and a half per cent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower, plus all expenses of collection, including reasonable legal fees and court costs; 6.3 Subject to clause 6.6 below, the Supplier may, upon giving ten (10) days written notice but without liability to the Customer, disable/suspend the Customer's password, account and access to all or part of the Service and the Supplier shall be under no obligation to provide any or all of the Service while the invoice(s) or any part thereof, remains unpaid; 6.4 Supplier may in its discretion, decide not to exercise its rights under clause 6.2 (interest) and 6.3 (suspension), if Customer is disputing the applicable Service Fees and/or Professional Services Fees reasonably and in good faith and is cooperating diligently to resolve the dispute. 6.5 Supplier reserves the right to impose a reconnection fee if the Service is suspended (as a result of Customer's breach) but subsequently reinstated. 6.6 Without recourse to clause 6.1 (delinquency), Supplier reserves the right to terminate this Agreement if Customer's account falls into arrears thirty (30) days after the due date. RESTRICTIONS ON USE OF THE SERVICE 7.1 The Customer may not: 7.1.1 make the Service or use the Service for the benefit of anyone else other than the Customer and the Customer's Users. Customer shall access and use the Service only to the extent of authorizations acquired by the Customer in accordance with this Agreement (for example the quantity specified in the relevant Purchase Order) and Customer agrees that the Customer is solely responsible for use of the Service by any Users who access and/or use the Service. Customer agrees to immediately notify the Supplier if Customer becomes aware of any loss or theft or unauthorized use of Customer's account credentials. 7.1.2 sublicense, resell or supply the Service for use in or for the benefit of any other organization, entity, business, or enterprise without Supplier's prior written consent; 7.1.3 submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third -party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively "Objectionable Matter"). Customer will be responsible to ensure that its Users do not submit any Objectionable Matter. In addition, the Supplier may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on the Supplier web site and Customer and Customer's Users will be bound by any such rules. Supplier reserves the right to remove any Customer Data that constitutes Objectionable Matter or violates any Supplier rules regarding appropriate use but is not obligated to do so. Customer and Customer's Users will comply with all applicable laws regarding Customer Data and use of the Service. 7.1.4 interfere with ordisrupt the integrity or attemptto gain unauthorized accessto the Service orthe Supplier's intellectual property therein; 7.1.5 copy the Service or any part, feature, function or user interface thereof; 7.1.6 frame or mirror any part of any Service on any other server or wireless or internet-based device outside of the agreed usage in this contract; or 7.1.7 access any part of the Service in order to build a competitive product or service or to build a product using similar ideas, features, functions or graphics of the Service; 7.2 Supplier reserves the right to disable, suspend or terminate this Agreement for cause in case the Customer breaches the provisions of this clause 7. CUSTOMER DATA 8.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 8.2 Supplier will use best efforts to provide protection using current technological standards to protect Customer Data against unauthorized disclosure or use. 8.3 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration, or disclosure of Customer Data caused by any third party (except those third parties sub -contracted by the Supplier to perform services related to Customer Data maintenance and back-up). 8.4 Subject to the terms and conditions of this Agreement, Customer grants to Supplier a non-exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonably necessary to provide and maintain the Service. CUSTOMER'S OBLIGATIONS 9.1 The Customer shall: 9.1.1 provide the Supplier with: (i) all necessary co-operation in relation to this Agreement; and (i i) all necessary access to such information as may be required by the Supplier in order to render the Service, including but not limited to Customer Data, security access information and configuration services; 9.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement; 9.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary; 9.1.4 ensure that the Users use the Service in accordance with the terms and conditions of this Agreement and shall be responsible for any User's breach of this Agreement; 9.1.5 obtain and shall maintain all necessary licenses, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Service; 9.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; 9.1.7 shall be solely responsible for protecting and safeguarding all Application Passwords, as Customer will be the only party with knowledge of its passwords. If Customer makes such Application Passwords available to any third party, Customer shall be liable for all actions taken by such third party in connection with the Service. Customer shall not disclose or make available the Application Password other than to Customer's authorized employees or contractors, shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Application Password and the Service and will notify the Supplier promptly of any such unauthorized access or use and make any disclosures related to such unauthorized access or use which may be required under any applicable laws; and 9.1.8 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 10 PROFESSIONAL SERVICES 10.1 Customer may retain Supplier to perform Professional Services as the parties may agree upon in writing ("Work Order"). Supplier will use reasonable efforts to carry out the Professional Services stated in the Work Order and to provide any resulting functionality in the Service made available online to Customer and Customer's Users. Except as the parties otherwise agree in a Work Order, Professional Services and the results thereof are made available "AS IS." 10.2 Unless otherwise agreed in writing either under this Agreement or in the Work Order, Professional Services are provided by Supplier on a time and materials basis. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Work Order basis under this clause 10 unless otherwise agreed in writing. The code and functionality made or provided under this clause 10 and all proprietary and intellectual property interests therein, will be Supplier's property. Access to the results of Professional Services will be available, subject to any further terms as may be agreed between the parties, as part of the Service during the Term unless otherwise agreed in writing. 11 INTELLECTUAL PROPERTY RIGHTS 11.1 Customer will not acquire any title copyright or other proprietary rights or Intellectual Property Rights in the Service or to the source code of the Service including in any materials or supporting documentation provided under the Service as provided in this Agreement. 11.2 The Supplier shall at all times be the sole owner of all title and Intellectual Property Rights emanating from any intellectual property, additional coding, data or patents, any discovery, invention, secret process, development, research or improvement in procedure that may be generated in connection with this Agreement including, but not limited to, any derivative works and Customer -specific enhancements and modifications. All intellectual property and other proprietary rights made, conceived or developed by the Supplier alone or in connection with the Customer in the course of the supply of the Service shall at all times be and remain the sole and exclusive property of the Supplier along with any improvement of any process, know-how, technology and any other materials in respect of the Service to be provided under this Agreement. 11.3 The Customer agrees not to remove, modify or use in any way any of Supplier's proprietary marking, including any trademark, product or service names or copyright notice, without the prior written consent of the Supplier. 12 PRIVACY Supplier agrees to implement its privacy policies in effect from time to time. 13 SERVICE LEVEL WARRANTY Supplier warrants during the Term of this Agreement that the Service will meet the Service Level Commitment stated in Schedule 1. 14 ADDITIONAL WARRANTIES Each party represents and warrants that it has the legal power and authority to enter into this Agreement. 15 INDEMNIFICATION 15.1 Supplier will defend, indemnify, and hold Customer (and its officers, directors, employees and agents) harmless from and against all costs, liabilities, losses, and expenses (including reasonable legal fees) (collectively, "Losses") arising from any third -party claim, suit, action, or proceeding arising from the actual or alleged infringement ofany copyright, patent, trademark, or misappropriation of a trade secret by the Service or Supplier Content (other than that due to Customer Data). In case of such a claim, Supplier may, in its discretion, procure a license that will protect Customer against such claim without cost to Customer or replace the Service with a non -infringing Service. THIS CLAUSE 15.1 STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT OR CLAIMS ALLEGING INFRINGEMENT. This indemnity by Supplier shall not apply to the extent that the claim of infringement of Intellectual Property Rights arose as a result of i) any negligent act or omission or willful misconduct of the Customer pursuant to this Agreement; (ii) any misuse or modification of the Service by the Customer, including, but not limited to the Customer's use of the Service in a manner inconsistent with information, directions, specifications, or instructions provided and approved by Supplier; NO the Customer's use of the Service in combination or conjunction with any product, service, device, or method not owned, developed, furnished, recommended, or approved by Supplier; (iv) the combination, operation or use of the Service with non -Supplier programs, data, methods or technology if such infringement would have been avoided without the combination, operation or use of the Service with other programs, data, methods or technology, or (v) Customer's breach of any of the provisions of section 7 of this Agreement. 15.2 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from and against all Losses arising out of or in connection with a claim, suit, action, or proceeding by a third party (i) alleging that the Customer Data or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of clause 7 above. 15.3 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third -party subpoena or compulsory legal order or process that seeks Customer Data and/or other Customer -related information or data, including, without limitation, prompt payment to Supplier of all costs (including legal' fees) incurred by Supplier as a result. In case of such subpoena or compulsory legal order or process, Customer also agrees to pay Supplier for its staff time in responding to such third -party subpoena or compulsory legal order or process at Supplier's then applicable hourly rates. 15.4 In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified ("Indemnitee") will provide the indemnifying party ("Indemnitor") reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault, or liability. 16 DISCLAIMERS AND LIMITATIONS 16.1 Except with regard to Customer's payment obligations under clause 5 and with regard to either party's indemnification obligations under clause 15, in no event will either party's aggregate liability exceed the Service Fees due for the preceding twelve (12) month period at the time of the event or circumstance giving rise to such claim. Except in regard to Customer's breach of clause 7, in no event will either party be liable for any indirect, special, incidental, consequential damages of any type or kind (including, without limitation, loss of data, revenue, profits, use or other economic advantage). 16.2 The Supplier is not responsible for any defects or damages resulting from Customer's or Customer's agents or employees mishandling, abuse, misuse, accident, or Force Majeure. The Customer agrees to inform the Supplier of any Customer system change that may reasonably be expected to affect the Supplier's ability to provide the Service and shall notify the Supplier of any change to its IT configuration affecting the Services. The Supplier shall not be held responsible for the availability of telephone lines, the Internet, electricity, or servers outside its reasonable control. The Supplier provides no warranty or guarantee in relation to speed of delivery of the Service, including the speed of any restores. The speed of delivery of the Service is dependent on factors outside the control of the Supplier including inter alia the speed, functionality and condition of the Customer's IT infrastructure, the amount of data being restored and/or the bandwidth of the Customer's internet connection. Any errors caused arising from the inadequacy or defectiveness of the Customer's IT infrastructure and/or the connectivity and bandwidth of the Customer's internet connection may affect the delivery of the Service including the performance of any restores. The Supplier will notify Customer of any technical failures in respect of delivery of the Service of which it is aware and subject to the terms of the Service Level Commitments, will endeavor to work with Customer to assist with rectification of any such failures. Customer acknowledges that changes may be required to the Customer's IT infrastructure and/or to its internet connectivity including its bandwidth capacity or otherwise to improve the speed, performance and/or delivery of the Service. Customer shall be responsible for the cost of any such changes. Any administrative and technical notifications in respect of the delivery of the Service will be sent by email to the Customer. 16.3 Except as set forth in the Service Level Commitments, the Supplier makes no warranty that the Service will be uninterrupted, timely, secure or error free. The Supplier expressly disclaims all liability howsoever arising from any change made to the Customer's IT configuration of the Client Environment of which Customer has not notified the Supplier in writing. No statement, whether oral or written, obtained by Customer from the Supplier shall create any warranty not expressly made herein. 16.4 The Customer recognizes that the Internet consists of multiple participating networks that are separately owned and not subject to the Supplier's control. The Customer agrees that the Supplier shall not be liable for damages incurred or sums paid when the Service is temporarily or permanently unavailable due to malfunction of, or cessation of, internet services by networks or Internet service providers not subject to the Supplier's control, or for transmission errors in, corruption of, or the security of the Customer Data or data transmitted through the Service carried on such networks or Internet service providers. The Supplier shall have no liability hereunder for damages incurred or sums paid due to any fault of Customer or any third party, or by any harmful components (such as computer viruses, worms and computer sabotage). The Supplier is not liable for any breach of security on the Customer's network, regardless of whether any remedy provided in this Agreement fails in its essential purpose. 16.5 THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY SUPPLIER. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER'S PURPOSES. 17 CONFIDENTIALITY 17.1 "Confidential Information" means non-public information, technical data or know-how of a party and/or its Affiliates, which is furnished to the other party in written or tangible form in connection with this Agreement. Oral disclosure will also be deemed Confidential Information if it would reasonably be considered to be of a confidential nature or if it is confirmed at the time of disclosure to be confidential. 17.2 Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by the receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order, provided that the receiving party will promptly inform the providing party of any such requirement and cooperate with any attempt to procure a protective order or similar treatment. 17.3 Neither party will use the other party's Confidential Information except as reasonably required for the performance of this Agreement. Each party will hold in confidence the other party's Confidential Information by means that are no less restrictive than those used for its own confidential materials. Each party agrees not to disclose the other party's Confidential Information to anyone otherthan its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party's obligations hereunder. The confidentiality obligations set forth in this clause 17 will survive for five (5) years after the termination or expiration of this Agreement. 17.4 Upon termination or expiration of this Agreement, except as otherwise agreed in writing or otherwise stated in this Agreement, each party will, upon the request of the disclosing party, either: (i) return all of such Confidential Information of the disclosing party and all copies thereof in the receiving party's possession or control to the disclosing party; or (ii) destroy all Confidential Information and all copies thereof in the receiving party's possession or control. The receiving party will then, at the request of the disclosing party, certify in writing that no copies have been retained by the receiving party, its employees or agents. 17.5 In case a party receives legal process that demands or requires disclosure of the disclosing party's Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand. 18 DATA PROTECTION 18.1 The parties agree that the Customer is the Data Controller and the Supplier is the Data Processor in respect of any Personal Data. 18.2 The Supplier will: 18.2.1 take appropriate technical and organizational measures against unauthorized or unlawful processing of, and accidental loss or destruction of, or damage to, Personal Data, having regard to the state of technological development and the cost of implementing any measures, to ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing, accidental loss, destruction or damage and the nature of the Personal Data; 18.2.2 only process Personal Data in accordance with instructions from the Customer and the Customer shall not provide the Supplier access to sensitive personal information that imposes specific security data security obligations for the processing of such data.; and 18.2.3 take reasonable steps to ensure the reliability of its employees who have access to the Personal Data. 19 TERMINATION 19.1 If a party: (a) commits a material breach of this Agreement which cannot be remedied; or (b) commits a material breach of this Agreement which can be remedied but fails to remedy that material breach within sixty (60) days of a written notice setting out the breach and requiring it to be remedied being given by the other party (or such longer period where agreed between the parties. the other party may terminate this Agreement immediately by giving not less than sixty (60) days' written notice to that effect to the party in breach. 19.1.1 A breach can be remedied if the party in breach can comply with the relevant obligation in all respects other than as to time of performance unless time of performance of such obligation is of the essence. 19.1.2 This clause Error! Reference source not found. will not apply to any failure by the Customer to make any payment due to the Supplier under this Agreement on or before the due date. Clause 19.2 will apply instead to any such failure. 19.2 The Supplier may terminate this Agreement by giving not less than thirty (30) days' written notice to that effect to the Customer if the Customer fails to make any payment due to the Supplier under this Agreement within sixty (60) days after the relevant due date for payment. 19.3 Either party may terminate this Agreement immediately by giving written notice to that effect to the other party if the other party becomes insolvent. Each party will notify the other party immediately upon becoming insolvent. 19.4 If an application for an administration order, a notice of intention to appoint an administrator or a winding up petition is the only grounds for giving notice to terminate, that notice will be deemed to be ineffective if: 19.4.1 in the event of an application for an administration order being made, that application is withdrawn or dismissed within ten (10) Business Days of being made; 19.4.2 in the event of a notice of intention to appoint an administrator being filed, no administrator is appointed within ten (10) Business Days of the notice being filed; or 19.4.3 in the event of a winding up petition being presented, that petition is withdrawn or dismissed prior to advertisement and within ten (10) Business Days of presentation. 19.5 The Supplier's rights of termination set out in this Agreement are in addition to and not in substitution for any rights of termination which may exist at common law. 19.6 Termination of this Agreement for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 20 CONSEQUENCES OF TERMINATION 20.1 The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. 20.2 If the Supplier terminates or suspends the Service under this Agreement, Customer must pay within thirty (30) days all Service Fees and Professional Services Fees that have accrued prior to such termination or suspension, as well as any fees that remain unpaid for the Service up to date of termination or suspension plus related taxes and expenses. If the Agreement is terminated by Customer for any reason other than a termination expressly permitted by the Agreement, Customer agrees that the Supplier shall be entitled to the Service Fees payable forth e Service under the Agreement forth entire Initial Term or if terminated during an Extended Term, the Service Fees payable for the entire Extended Term, unless a provision to the contrary is stipulated in the Agreement. 20.3 The clauses in this Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination. 20.4 The Customer shall not be entitled on or after the termination of this Agreement for any reason whatsoever to a rebate of any Service Fees paid in advance of their due date. 20.5 On termination of this Agreement howsoever arising the Customer will at the direction of the Supplier return to the Supplier any documents in its possession or control which contain or record any Confidential Information. 21 FORCE MAJEURE 21.1 Neither party to this Agreement will be deemed to be in breach of this Agreement or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations under this Agreement due to Force Majeure, provided that it has complied and continues to comply with its obligations set out in clause 21.2. "Force Majeure' means in this Agreement catastrophic events of environmental and unforeseen nature. Examples defined as Force Majeure include, but are not limited to, hurricanes, tornados, earthquakes, and others of like unforeseen environmental impacts. 21.2 If a party's performance of its obligations under this Agreement is affected by Force Majeure: 21.2.1 it will give written notice to the other party, specifying the nature and extent of the Force Majeure, within seven days of becoming aware of the Force Majeure and will at all times use all reasonable endeavors to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing, to mitigate its severity, without being obliged to incur any expenditure; 21.2.2 subject to the provisions of clause 21.3, the date for performance of such obligation will be deemed suspended only for a period equal to the delay caused by such event; and 21.2.3 it will not be entitled to payment from the other party in respect of extra costs and expenses incurred by virtue of the Force Majeure. 21.3 If the Force Majeure in question continues for more than three (3) months a party may give written notice to the other to terminate this Agreement. The notice to terminate must specify the termination date, which must not be less than fifteen (15) days and once such notice has been validly given, this Agreement will terminate on that termination date. 21.4 If the Agreement is terminated in accordance with clause 21.3, then neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to exist. 22 EMPLOYEES NON -SOLICITATION 22.1 Notwithstanding any degree of supervision exercised by either party over employees of the other, in no circumstances will the relationship of employer and employee be deemed to arise between either party and an employee of the other. 22.2 Unless this Agreement is earlier terminated by reason of the Supplier's Insolvency ("Insolvency Event") when no such restrictions shall apply, during the term of this Agreement and for a period of six months after its termination, Customer will not and will ensure that its Affiliates will not, directly or indirectly, without the prior written consent of the other, solicit, or permit any of its group companies to solicit or entice, the employment of any person who is employed by the other party or any of its group companies and whose role either wholly or partly relates to the provision of the Service or the performance of this Agreement. For the purposes of this clause 22, "solicit" or "entice" means the soliciting or enticing of such person with a view to engaging such person as an employee, director, subcontractor, consultant or independent contractor or through a company owned by such person or his or her family but will not apply in the case of any such person responding without enticement to a job advertisement which is capable of being responded to by members of the public (or sections thereof) generally. 22.3 In such circumstances where the Supplier suffers an Insolvency Event, nothing in this clause 22 will prohibit the Customer from soliciting or enticing or attempting to solicit or entice the employment of any of the key personnel for the duration of that Insolvency Event. 23 ASSIGNMENT 23.1 Either party may assign, novate ordeal in any other manner with any of its rights and obligations under this Agreement. 23.2 Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns. 24 NOTICES 24.1 Notices will be in writing, in the English language, marked for the attention ofthe specified representative of the party to be given the notice or communication and: 24.1.1 sent by pre -paid first-class post to that party's address; 24.1.2 sent by e-mail to that party's e-mail address (with a copy sent by pre -paid to that party's address within twenty-four (24) hours after sending the e-mail). The address, e-mail address and representative for each party are set out below and may be changed by that party giving at least five (5) Business Days' notice in accordance with this clause 24: Prime Government Solutions Inc. 3429 Derry Street Harrisburg, PA 17111 Attention of: Attention of: PrimeGov Finance billing@primegov.com 24.2 Any Notice given in accordance with 24.1 will be deemed to have been served: 24.2.1 if given as set out in clause 24.1.1 at 9.00 am on the second Business Days after the date of posting; or 24.2.2 if given as set out in clause 21.2.3, at the time of sending (except that if an automatic electronic notification is received by the sender within twenty-four (24) hours after sending the e-mail informing the sender that the e-mail has not been delivered to the recipient or that the recipient is out of the office, that e-mail will be deemed not to have been served). 25 RELIANCE ON REPRESENTATIONS 25.1 The Customer acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Supplier given or made, any warranty, statement, promise or representation other than as expressly set out in this Agreement. 25.2 Nothing in this clause 25 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently. 26 SET-OFF OR WITHHOLDING All payments to be made by the Customer to the Supplier under this Agreement will (in the absence of express written agreement from the Supplier) be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature unless the Customer is required by law to make any such deduction or withholding and Customer has given prior notification to Supplier of such legal obligations on the Customer's part. 27 ENFORCEMENT BY THIRD PARTIES The terms and conditions of this Agreement are for the sole benefit of the parties and nothing herein will be construed as giving any rights to any person or party not a party to it. 28 INVALIDITY/SEVERABILITY If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect. 29 VARIATION This Agreement may only be varied or amended in writing and signed by the parties or their authorized representatives of each of the parties. 30 WAIVER No failure or delay by the Supplier to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy. 31 DISPUTE RESOLUTION 31.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it ("Dispute") then, except as expressly provided in this Agreement, the parties shall follow the dispute resolution procedure set out in this clause 31. 31.2 The parties will initially seek to resolve the Dispute through discussion and negotiation in good faith between the appropriate officers of the parties. If the Dispute is not resolved, through discussion and negotiation under this section, within thirty (30) days (or such alternative time period as may be agreed between the Parties), the following procedure will apply: - 31.2.1 Any dispute relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other pre -judgment remedies) will be resolved at the request of either party through binding arbitration. Arbitration will be conducted under the rules and procedures of the American Arbitration Association ("AAA"). The parties will request that AAA appoint a single arbitrator. Judgment on the arbitrator's award may be entered in any court having jurisdiction. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect and an enforceable provision that most closely reflects the parties' intent will be substituted for the unenforceable provision. The waiver of any breach or default ofthis Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. 32 GOVERNING LAW AND JURISDICTION 32.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of any term of this Agreement will be governed by the laws of the State of California. 32.2 The courts of California will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. The parties irrevocably agree to submit to that jurisdiction except that either party may seek injunctive relief in any court of competent jurisdiction. 33 MERGER AND MODIFICATION This Agreement, including the attached documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement. This Agreement may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. 34 INTERLOCAL AGREEMENT This Agreement may be extended for use by other municipalities and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use, including the products and services and fees applicable thereto. Any such usage by other entities must be in accordance with the code, charter, and/or procurement rules and regulations of those respective governmental entities. 35 NONDISCRIMINATION AND COMPLIANCE WITH LAWS Supplier agrees to comply with all applicable laws, rules, regulations, and policies, including those relating to nondiscrimination, accessibility, and civil rights. Supplier agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes and unemployment compensation and workers' compensation premiums. Supplier shall have and keep current at all times during the term of this Agreement all licenses and permits required by law. SIGNED BY the parties on the date stated at the beginning of this Agreement. CITY OF BALDWIN PARK .................................................................... Authorized Signature .................................................................... Print Name/Title PRIMEGOV .................................................................. Authorized Signature Sherif Agib/President Print Name/Title Date Date SCHEDULE 1— Support Services Contract This Support Services Contract describes the expected performance of the PrimeGov Service, the procedures for reporting an issue, and expected turnaround time on issues reported. 1. Service Uptime Target. PrimeGov has a target uptime of >99.95% measured on a monthly basis. This time excludes any planned maintenance that have been identified to the Customer. PrimeGov shall give a minimum of two (2) business days' notice for planned maintenance updates. Planned maintenance will be targeted to occur between 12:00 a.m. (midnight) to 03:00 a.m. Mountain Time on Friday. Update notes are published as part of the maintenance notification, highlighting new features, improvements, and bug fixes. Maintenance time frames are subject to change by PrimeGov, and proper notification is provided to the Customer within the minimum two (2) business day period. 2. Reporting an Issue. a. Contact Details. At PrimeGov, we built our support system with alerts to anticipate any service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers an issue, or the Service is unavailable, the Customer should notify the PrimeGov Customer Success team through one of the following channels: I. Entering a ticket in the help desk system at support.primegov.com. ii. E -mailing the Customer Success team directly at support@primegov.com. iii. Calling the Customer Success team at 1-833-634-6349. b. Hours of Coverage. Regular Support Services are provided between 8:00 am and 6:00 pm Mountain Time, Monday through Friday. On-call and emergency support are provided outside of regular Support Service hours online and by phone. More specifically, the hours are as follows: I. Call for phone support. Phone support is available twenty-four (24) hours a day, seven (7) days a week by calling 1-833-634-6349. ii. Enter an issue in the help desk system. This service is available twenty-four (24) hours a day, seven (7) days a week at support.primegov.com. iii. Email an issue to the Customer Success team. This service is available twenty-four (24) hours a day, seven (7) days a week. C. Customer Priority Identification. The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code: PRIORITY CODE DESCRIPTION P1- Critical The problem is impacting all Users by the Service being unavailable with no work- PRIORITY CODE around available. P2 - High The problem is impacting a significant number of Users and is causing a significant P1 business impact, where there is no work -around available. P3 - Moderate The problem is impacting a small number of Users and is causing a minor business P2 impact or is causing a significant business impact, but there is a workaround available. P4 - Low Non -service affecting defect. Non -urgent or cosmetic problems, queries, causing P3 inconvenience only. 3. Resolving an Issue a. Steps to Resolution. I. PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue. ii. The issue will then result in one of the following actions: 1. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times. 2. PrimeGov Customer Success staff will ask for more clarification/ information on the issue. 3. PrimeGov Customer Success staff may discuss the priority of the issue. 4. The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue. iii. If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. b. Target Response Time. PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a "Target Response Time"). The following Target Response Times are within the hours of coverage: 4. Problem Escalation. A Support Call's Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called: ROLE NAME CONTACT EMAIL Technical Support Lead Sydney Erickson sydney.erickson@primegov.com 10 PRIORITY CODE DESCRIPTION TARGET RESPONSE TIME < P1 Critical 30 minutes P2 High 1 hour P3 Moderate 2 hours P4 Low 40 hours 4. Problem Escalation. A Support Call's Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called: ROLE NAME CONTACT EMAIL Technical Support Lead Sydney Erickson sydney.erickson@primegov.com 10 Technical Support Director LarryThorpe Iarry.thorpe@primegov.com President Sherif Agib sherif@primegov.com 5. Minor Enhancements. Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case-by-case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap. 6. Knowledge Base. PrimeGov provides a searchable online knowledge base for questions and issue resolution is available at support.primegov.com. The documentation provided includes product updates, technical assistance, and tutorials. The content is regularly updated and expanded and each article contains links to related articles for increased navigation. The knowledge base is available on the same website as the support ticket management system for ease-of-use. Exclusions a. Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately. b. PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an "as -is" basis at PrimeGov's sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees. C. Any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov. d. Any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer. e. Either Party being subject to Force Majeure. f. The Customer's failure, inability or refusal to allow PrimeGov's personnel proper and uninterrupted access to the Service. 11 Sole Source Justification PrimeGov has several one -of -a -kind features that could be used for sole source justification depending on the agency's specific needs. In general, about 50% of PrimeGov contracts havebeen sole -sourced versus going to a standard RFP. PrimeGov is unique in many ways. While our business focus may not justify sole sourcing, it is important to note that PrimeGov only focuses on City/County Clerk technology solutions for automating the pub lic meeting pr ocess. Other v endors ar e distracted, s erving of her customers b y providing websites, email messaging software, and various digital services. PrimeGov is completely dedicated to customer success, providing the industry's best service level agreements and customer support availability. Our leadership team directly interacts with customers daily to ensure the best customer outcomes. One -of -a- kind Features: PrimeGov's software is 100% cloud -based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client -side installations, making it streamlined to deploy and implement. There are no client applications, including thin clients, that would disrupt your ability to utilize the software in a virtual environment. PrimeGov features integrations with Google Translate and Office 365. The translation integration allows your residents to translate our HTML agenda into over 100 languages with a single click, greatly increasing access to agency information for more people. The PrimeGov Office 365 integration provides full Word functionality including redlines, the insertion of tables and images, and remote collaboration without the need to download the document. PrimeGov's YouTube integration provides superior video streaming architecture. Unlike other vendors that use proprietary video encoders and streaming infrastructure, PrimeGov has partnered with YouTube to integrate the world's most advanced streaming technology into the public meeting process. As a result, our streaming video works on all devices and includes unlimited live viewers and video storage. In addition, PrimeGov provides live indexing of agenda items, motions, votes, and notes into the video archive, which is immediately available the second your meeting concludes. No more waiting hours for videos to transfer from an encoder to a distribution server. PrimeGov's provides a turnkey virtual public meeting solution. PrimeGov is the onlyvendor offering a complete Zoom video conferencing integration with 100% cloud -based meeting management tools. This means that you can move your public meetings into a virtual environment instantly, allowing elected officials to vote, request to speak, or make presentations securely from home. The clerk's office also has remote access to all their meeting management tools including displaying vote results, speaker timers, the current motion, etc. In addition, clerks or communications staff can manage community engagement processes like speaker sign up or digital comments for a particular public meeting or a specific agenda item. PrimeGov's agenda management system allows for the immediate generation of agenda packets. Most solutions require substantial time for compiling while converting various staff reports and attachments into a complete agenda packet. With some solutions, this can take hours, but at PrimeGov this important function happens instantly. The system also does an automatic check to ensure that the files of supporting documents function prior to compiling; if they are corrupt, it identifies the broken file for easy replacement. With other solutions, the whole packet fails without any indication of which file caused the error. This can result in hours lost searching for the corrupt file. PrimeGov templates are based in Word, which makes them very flexible and easy to customize by the client. Once the template is live, departments can use the complete functionality of Word throughout the approval process such as inserting tables and images into any document. Additionally, when staff reports are uploaded into the system, it stores all tracked changes so users can reference comments and changes in a way that is familiar to them. PrimeGov provides powerful and flexible workflows. Unlike other systems where workflows essentially allow you to route an item through an approval process, PrimeGov workflows can be set up to automate a number of tasks, such as appointing citizens to boards, sending emails to appointees, or waiting until after a meeting for the next step. Further, as part of workflow, staff can create a peer review group that allows review or edit permission for staff members without disrupting the standard approval process. The PrimeGov Live Meeting product section also has several unique features such as one -click block voting and bulk signature of items by the mayor. These two features were pivotal in our award of an RFP by the City of Los Angeles. We also have an action tab that allows clerk staff to record action requests by the council and then have the list of actions automatically emailed to whoever oversees the action items after the meeting. PrimeGov's Agenda solution is directly tied to our committee management tool and allows for direct item approval through the entire agenda process. Other vendors build boards and commissions management tools as an afterthought to their legislative management software; PrimeGov brought these functions together in a single platform. This means your workflow and forms controls can be based on specific committee processes. In addition, items can be pushed all the way through the approval process by automation -based approval actions. PrimeGov offers a proprietary API based software tool for migrating data from both Granicus and SIRE solutions. Given our team's unique background with both of these companies, we have been able to build tools to automatically transition all records andmetadata from these systems to your PrimeGov platform. These are only a few of the features and functions that make the PrimeGov platform a trulyunique product. ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer BY: Mark Hsu, Information Systems Manager DATE: April 6, 2022 SUBJECT: Authorization to Enter into Lease Agreement for Two New Copy Machines SUMMARY This report seeks a request for the City Council to authorize the Information Systems to enter into a lease agreement for two new Sharp copy machines. RECOMMENDATION Staff recommends that the City Council approve entering into a 60 month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Sharp copy machines. FISCAL IMPACT There will be an annual saving of $292.80. A copy of vendor proposal is attached to this report for council's review and information. The finance director has reviewed the fund source for these two new copy machines. BACKGROUND The lease agreements of copy machines located at Community Center and City Hall Engineering areas will be expired on May 10, 2022. Due to the age and heavy usage of these machines, we are considering replacing the machines. The new Sharp copy machines will be more reliable, reducing down-time, and cost saving on the lease payments and operational expenses. They also provide more features and latest technologies to streamline workflow. Staff obtains three quotes from different master contracts. LEGAL REVIEW None Required. ALTERNATIVES The City Council may choose to direct staff to not enter into a new lease agreement. We will keep paying the monthly payment after the current agreement expires. ATTACHMENTS 1. Lease Agreement 2. Proposal for three different master contract quotes Office solutions 1.0 0'" Coll pusinoss Eniolpmarit TOTAL IMAGE MANAGEMENT.$m TB Agreement: No. R'12 Equipment MFG Mode) & Description Serial Number Aocessorio i 2 herp MX -6071 2 I_CIT 2 Ext Fin 2 Paper Pass 2 2&3 ole 9 PaX& 2 Surges See attached sphedulefor additional Equipment/ Accessories Billing Address: 14AO3 E Pacific Ave us Baldwin Park CA 91708 til ment Lgaatlon: 4100 Baldwin Blvd .Baldwin Park CA 99708 a � Term: --Q-O— (months) Minimum Monthly Payment: $139.00 (plus applicable taxes) Cell Business Equipment EXcess Per Image Billing Preference (moniWy if not checked) 4 Mason Ste, A C]Monihly mWuartorty ]]Semi -Annually LjAnnuolly Irvine, CA 92618 Supplier Fuel/Frelght Fee: $ O per month (Not tooxoeed $75.00 per month) Tha following additional payments are due on the date this Agreement Is signed by you: Advance Payment: $0- (plus apphoeble taxes) Applied to:Ej Flrst [] Last Document Fee: $78.00 (Inoiuded on first Invoice) d Ca or 7 p 0 $0,052 ng»ra�u rdEv Tnaa Tnsua-:MPFr M ti& HA►E SU 7HEF�MAN1 RACFEI F�fFtRn c € F1A n E3Ui ldE6t7iRANQ YU WiAt COHTAe7SMNEe TFACH MANF OWNER UFACrtiRF.RD ARE F FOR A tlt CRIp71ON T AUnIORJZEQ TO OF YOUR WDA WARRANTY RTERMS 1i;lmir9 TERMSANa CCfttliT0,18 !. f dEi(ldkrktt AFS wl _idz>J - Commamement of iris Aptaw"pl and aecoptama of the Equipmsml shall ocwr upon de€Nery of the Equtpmea to you r0ammenaament Octel. To Ilia carton( Mal tho Equipment IrWodas intangible properly or maocteted savlces ouch as jimiaQia sdflware Aeehses and prepaid database suWcrytt M rights, ouch fntmtgible property shell be referred to as contras. You wifenleml and agrvo that we have no right, (Ate or Interest ki Iha.So3t,rraro and you Y40 comply throughout the Term of pts Agreementwith any license androl other agreement t'Eoflware Uonse) angered Into VAh Me supplier of the Software C80%400 SUP0111'� You ern rsspdnsiblo for entedmg into any Su swam License With thh SoMare Suppler na later than psa Comnancemenl Data of this Agreement. You agmo to Inspect M% t g4mad uPpn dagvary and verfy by telephone or in wrhing such hdormalion as we may require. The Equipment to warted by you under No Agroorrtent uNeas you hdAy us Y ANA throe (�) days of dowaiy that you do not coapt the Equftx M and epec!y the defect or matfdnaliory In that ayoni, we tylg reptaod the dofadlYo liem of Equipment or oancet We Agreement and you vAA parrama as aur rigid& undaf arty plaehase orddr w agreemen3 entered Into by as to buy Iia Equkxnant 11 yuu t€gored a purcfia#e oNor or almual ag(eamegj for the, purchase of"Friwpmem, hal akgdng this Agreemdrt you assign to us all of your dghts, but none of your oblianilwa under it Ari atiochmonle, 6caessodas, raplacemerlfs, raplaS M04 pouts, 94bsb1ullons, addi@ans and repah to the pq 1p nort strati famt pad of tho Eopmdnt underthisAgroemoM. 2.ftAQ r.HnrtGM Eseh tnanlh during the Term of We prgreernend, You agree to WA to us the Mlntmunt Monmiy Perm ar%i ('MWmum Payment') and es other iums when due and payable at the addresswe provMa to you from am to We, in solum for the MIAWM P4yr"A you aro antMod to produce the Mkkan Number of Images for sock opploahle !mega Typa each.monlh. You aorto that you willr#W paymonls to w In use form of company cheakt (or persorel oheoks In the oats of a* pIpleloraWs), direct debet orwtres only. You also agree oaitt and oaah equivalents sie not woptstAe forms of paynientfur We Agreentent and that you wig not rernt auwh (oris of paymanl to us. Payment in any other fort may delay ps000mlag or be roWmed to you. Fur%6rnore, oniyyou or your authorized apart its approved by us VAI FaNA payments to us, Minimum Paymonla Win fecwe any frefghl, delivery, Insialfailm end other expanses we liname on your beh4if at ywr mquasL You also spree io pay us rho applicable Excess Per Image Charge (phis appT�abla tax") fa each metered Irmao that exceads the appilovo Milo= Nwnbor of Images. We may bliklmale the number of hnss pfoduced If you do not xWda us YAh mslerreatl4i vAihln seven (7) days of request, We W11 adjrrsitha asilrWed charge for oxcosa images upon reoAltit of actual major toadkigs. NoMhatandhtg any act uNmenlo, you W11 novor pay us loss than the Miwmum Payment You agree that ager the Not lwetva (12) mortihs of the Term (o( any extendon or refkw2l) of this Agreement, and at the and a sa.h fdtlal W twelve (12) month padod thoreuapr, the Wrimurn payments otlp Excess Per image Chprgas may be Ingfo4ia6 W am wmnj equal to the tosser of: (a) up to m% of the MM%nt Payments and Rnots Per Image Chargna In alfaot at Ilea and of the prior tWelve (t2) memos Period; ar.{b) tho mp hum parcenteaq PoMd"ad by appVanbls law. At pun optic', you VIC (a) p[aMda.us by tolophpuo or hostmao the ad4st meter iWInp when tequestad by ue; (b) provxld us (or ouragpnQ access so Me EgJpmem to obiahi meter readings: or (o) allm us (or ors;pant) to attach an automaup fritter reading doplca to the Eq*Aarc We may QUO any automsAo mala reading da*u padodluelly. MWrrwm Paymdma are dun wllalhor or not you frets on trivoloe, it you hate a dispute with the WppVtr roaaWhig ins Equipment or say service, repair or mein€ensme of the' EqulpmaM ¢rte! Av wphayt Ampetloa, any ligaipmant dealgnsW *Shmco (Jwl . you aheil Coro to PAY Us *11t Minimum aymards and Elieeas Per Imaga Charges YAMiA deduction or withholding of any amaulds. You 6%Aho&a us to adlyA the M Wmvm Payments by not rmro then 16% to rai[eat any mopoi igumllon of the Equlpmbnt or 4(4uoimar{s to redact applicable Was saxes w gee cost of the Epdbment by tho MOMdoolurer d"Or 6uppgar. You sonde to PAY us on tatedro'Pgympnt ((am and IncWdusg the Cammancoiotmj Cate wough, to not. juhulba the payment due data of the month matt €61161ft ore CofNneneement Data (the 1111aft iiertl Purled') at A talo equal to 1130 of the M64nmm Payment set todh heroin for aeon. va*War day dLgUw the bytedra Rent Padod. J. 0111ER fIRMIGFs. You este* to, (a) pay a;I 61tosIM0, lamas end rhn. oe govaaynientoly Imposed upon OWWS purchase, ewnortNp, poeaesuon, loaoptg, ram% operation, comet or use and pay as prerravms anti other m a of h e E b [olrttAuso us for al is a earses 4tcumed N eKord pile rglunant and o a)[ othereoslt amt a enses forvddch bit aro oeted underthla eamemf. You m at Cell SUMes�Equipment The CI of Baldwin Park (c4iNanerfU tegsi Homo) By: X By: X Name; ce--\L EA Name: X _ Title; x Title; (--Xo t;, r [I..A V mate: IJ ()_ ;1Date: x Federal Tax 1D: j( Pagel of 2 uau narA5u) r rc trtwur rw 10 our dlsefelloin, to el0ta; I1) rolnbunio us fatal parscnal propody and olhor Nmeat low3s and eovemmeNal otwges assocralod vAm Iho omarstdp, possession oruseo►tlw Equtpmanl when billed by Limp ildleeons; or (2)rarri to us oaoh maAlti our osl1male of Pre pro -€stud equivalent or atloh Inxoa and owummartal uhafges. In the event gist ma Being Period aura Inoivdes a sopamiely atalad asomata of parsonal property and other, slarAer texer, you 00mufodge, and agree Thalsuch smug mpresahts out oslkndo of moh taxes Uwt wN be pdyebta Witt tospeol to the Equipment during Rio Tam. As canpensvuon for ontInlomal and oxtomol costs in Pte ndmloilltraagy of taxes related Is esoh unit at Equlpmanl, you agree to pay us a 'Tax AdmbnatraeVa Feo' not to succeed 10% of the w1glnm asset Hest per year during the term, W to oxeeta the maximum pennYlBd by applicable taut. The Tex Adm€n€slramto Fee, at rureolD ilhoro9on, maybe Increased by an mlowt not oxoeocsag 10% (horoof for each subsequent year at the Tarm to talent out Increased cost of adurdnlsUstWn and wayA notiyyou otany such Increass by Indloal4ng such Increased smuura in the tolavanl Invoice or lm such other Mannar as we doom Appropriate. Wo may lake on your bahelf any action rogdred under WeAgmemenl vwlvoh you fait io lake, and upon roolp( of our Invoke you win promptly pay our costs Qnokrdfng lnatrmoo premluma and OW payments to orAifeles), plus toasonablo processing fees. Roslloeya endprsamenls on ehookm you mind to us will cwt reduce your obligations to tie, We may charge you Aretum cheek or non-suracont tarda thdrga of $26 for any ohm k vrhtch €a returned by the bank for anymason (moi to exceed the meximumonnounl pomd (W by low). You name to goy a montidyfuoVFroOt Faa,apeolltod on pare 1 oilhlsAgreamenl,vAhish 0 be mr0edbyus lo the Supplier. 4. LUUMNEW For any payment tvNO Is not retoNod kyOln Mo (3) days of 6s rule dale, you agree to pay a talo charge not to exceed the Nobor of 10% or ono around due or S36 Oct. to exceed U mwdmvm amount pennkiad bylaw) as feasOrlpbraOcgeaedn costs. 6. MAINTENAKQE AND SE9aQELQVAJEB5HIP AND LISP. The Supplier Identified on page 1 of this Agfaamsnl r8vppeoe) too nomad to provide FULL SERVICE MAINTENANCE WRINU NORNIAL SUMas HouRB, INCLUDING ALL TONER DEVELOPER AND PARTS NECESSARY TO PROOLICE IMAGES. YOU MUST PURCHASE COPIER PAPCH AND STAPLES SEPARATELY, You ocknoWedga mol: (e) the Suppler is solely resportsaNe forall soMoo maintenance of the Equipment set forth harem; (b)In the event that we assign Pis Adreomenl, owali tgnee (1)AWI nothA respom it la far enyservice, ropmIr Or mainlananna oft* Equipmerg,, aid (2) WR bill (on a pass thrwgisbods)on bdwllolSuppsler any applicable Escass Per Imago Charges and the portion of the Mlnkmm Paymantaltribulable to seit(ce maintenance of the Equipment, Whether'8er*a Ony ornd; and (a) no assignee or us shell be a party to any artMeamakylenanw agreement. You Agree to pay forwivice maintenance outside of itre Suppliet'a normal business twury for sorviea mgvlred by ycurndgigenca amisuso of ft Equlpavent AtrtupplInes auahrnaiy fatal. We resonro a security Interest in the Equipment to sucurb all of your obigations under We Agfoemont."Own the Equipment and you have the iffif o use the Equipment under mo forms of We A(Ne9monl. N lids Agreement Is deemed in be a securad Ira€ sinclkoy, yvgpran[ nus a find pr}dlly seclitilylntetasl to Me Moment enc to secure all ofyourotrg(tatans idler this AgrearOad. Wollereby as* (oyou A our Eight$ tinder Any mors uracltrer ondlor supoW warrentles, so long as you are col 4n dofaua heroundar, You must keep the Egdpmonl "a of (lens. You may not rvmova the Equipment gam the address Indlooled on page I of lids Agreement wAliput kral obtolru g ourappmval. You agree so: (a) keep Pia Eryutternerriln yarrexclusive control and passasslon; (b) Use Ihg EttL"Ont In uoA(oani Wkh all insurance requ!romants, mamlraafurars instructions and memleta; (e) keep the Equipment rapauod anti mhI ntaknad In flood wpddnn aniar and as required by the manufacturers warranty and specifications; and (d) give Us roasamobta was$ to Mspeot are Equipment and ItsmaWloriamo find cover records. if any Equtpmonl;a doalpnelod'Servlce Coy". You solvsowlodoe and Aorta Nal; (i) we da not own such Equipment; 12) we are not prWillag such Equdpmool so you pursuant to the forms of this Agmoman4 (4) Suppller has aflrded to protide MI 40Moa maintenance of awls Equipment pursuant to $he tame oulfrwd above: (4) the potion o1 ono Mevmum Poymont With rattles to auah EgtApmoni fno(udos a* the Mt torvlco molniononoo of suain EgtApmant aril not Iho use oriental arths Ndpoieml; and (8) sueh'Sarvlca Orly' KOpmvnt may be addsd to or datdied Pum IlsApmemoni by written notice from SUppllit to us; provided that such edam of dolollon dons eel modify the Minimum PAymoml or nay ogwr tams of thio Agddomeml. 61 )cyg9(dfgT)(• You aro responsible for all losses, damages, oldtms, Inidlrgamant alarms, tmjudam and ailowaye' fens and coals, Irokldfg,wahoul fenRagon. MOM incuwmd In owmdollon with responding to stibpoenps, thlrd patlyor othervvae VCWme), lnourmd or Asserted by any person, )n any mariner Mating loft Equipment, including IIs use, condition Or possession, You agree to delend and Indemryryus against ati Ctarms,algngngh wa mservo tfw folto control tho defense end losolool a approve dtfowo ODUASOIL TNit Ixtemniy cardlnues bayorld the lerrnfnsgon cl Nt.s rgMenntnl foraols or omlOftswItich mooed during No Team of Mls ,Antimer, You oleo agreo Shot this Agreement has been enlorad into on the assumption that we are the owner of the Equipment for U,R (edaral income lax purposes and will ba edged to certain WS, federal Income lax benelle available to the ovmer of the Equlpmanl. You agree to laden nify us for the lass of any U.S. federal Income lak benefts resuling from the (elute of any assumptions It this Agroarnenl to he correct or Caused by your acts or omissions Inconslslnntwlth such assuroplIon or gds Agmemad, in the event of any such loss. we may increase Iha M rAmum Payments and other amounts duo to offset any such adverse offecl 7. Loss OR OALtA4E k any Ilam of Fqulperi t Is toot, stolon or damaged you WR, at youropgan and cost, eThar. (a) repa(r the Nem or replace lire Ran) with a comparable Item mar,anmbly acceptable to us; or (b) pay us the aunt or: 0) CAI past due and ourmlit Krurwm Payments, Excess Per ImageChargos and othai oharges; (6) the present value of all Mmalnfng Minimum Payments and O%oraha:ges for the affected Rem(s)oi Equipment. discounted at Die into of 0% per mount (or Ne lowest rale pmntintod by taw. whichever is hlghet}; and Ing live Farr Matket Vows of she Affected item (a) or Equipment, We ved gran Idansfar in you all our right, title and Interest In Ne efleoted Rem(s) of Equipment A048 AND WHERE -18, WTHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE. Insurenon proceeds sholl he applied toward repair, replauernent ofpaymonl hereunder, as appiloablo. In ala Agdaomenl, 'Fair Market value, or the Equlpmanl means Its felt market valor at the and at the Tern, assurnlg gond order and condition (except (ororftaryweer and Lear from normal useX As estimated by us. No suoh loss ordarrag r Mau rasow you from your paymenlobligollons underifils Aormomeril. 0, INMUPANoC. You agroo, at your cosLlo; (s) keop Pte Equipment Insured against all risks of phyliool We or danaoe for Its full toptAcomeni Valeo, nAWng us os loss payee; end (b) mafrdain We aabsity tnsurmee, oovedng personal Inf ury and Equlpmanl dantapa for rot loss khan SSN,000 per occurrence, narrdmg lis as additional Insured. The policy must he Issued by an Minim" oorOer aceoplabloto us, must "do us Wet Act ions than 18 days' prior written naUeo Of cerioekawn, nen-raneweloramendment, and must provide deducible amounts soopplabla to Oil. Iryoudonot provide acceptable lnsumnro,via have the dohlbutnoobllgetlon to obta€n Inauranoa eovaring our interest (and aevyaut Interest) In the Equipment far the Agresmenl'reem and any maowats. Any (esu nonce we obtain will Act Insure you against third parly of Liability olalms and may net be canootiad at any Ute. In pre Ovahl unfit we afoot to obtain such insurance, you will 114 Mqurpd to pay us ae addilional amount asoh Bgpng Period for the oust at su ah Insurance, and an adminlalratfve gee, the coal olwhldt Inavmance and sdminlsirativo roe may bol moms men the Celli 10 obtain your own Inswane s and m which we may make a proof. 0, DEPAULT. You will be In dofauil undo( Us Agroemont IF: is) you tap W romit to us any payment within ton (ill) days of the due date or breach any other olSlgaeon umfsr this Agroemonl; (b) a petition Is food by or against you or any guars ner under any bankwplcy or loealvetwy lay; (o) any representation made by you Is (also or mlafeading in Any realeftal maps 0: (d) you became Insolvent, are liquidated or dlasolvod, merge, transfer a material portion or your ownership Interest or ease it, stop doing business, or as Mon rlghta or properly for the benefit of oraditgrs; ut ( a) you delauilundar any Other agreement Will us or our atsignotes, 10. REMEDIB 1s you dAPtu[l, we may de one or mare at the folowl": (a) recover from you, AS LWIDATED DAMAGES FOR LOSS OF BARGAIN AND N07 As A PENALTY, the sum or; (f) off past duo and current Minimum Payment$, Excess Par Imago Chargee and ogtar charges; (5) the prasant value Dfae remaining Minimum Payments other cheroot, dlsom anted at Lire rate at 6% per annum (or IN lowest colo permitted by law, whlohavar Is hlghor); end (ei) the Fair Market Value of the Equipment; (b) declare any other agreements between us Ir daraulR (o) require you to relern al of the Equlpmont In the, roomer oullinod In Section 11, or lake possession of Ino EgtApmonl, In Wnloh onse ova ehas not be held responsible for tiny losses i realty of Irdkoolry aristng out of. or by reason of the presonoo and for use of any and an proprlesary Information raslding on or Wihtn tine Equipment, and to tease or sal the Equipment or any portion thereof. and to appy 1ho proceeds, tell reasonable a ilIq nod addnlnlsrativA dxpOnses, to she Britannia duo hereunder; (d) thence you h(oroal on fig ormounli dug us @Mn ole duo date until pald at the rate of 1.172A6 par month, but In no event room than the lawful maximum rate; and (e) charge. you for erpenees Ihourod In oonnoollon with the anrofoalami or out tem66Taa (nc(usltag, Witiovl Limitation. rapossessioit, topair and collection costs, allamay'6' fees and court costa. These remedies are oumulan o. are b1 a(kift to airy ogler mirodles pM*od for by low, and may by oxpreilod tenourrollyr Or aopamldly. Any fa4ard or dotay by us to exercise my right shad cwt oparale as a waiver of any other fight or fubao Baht 11, FWD QF TERM OPTInHR; RETURN OF 1`011EMENT. ff you are nelladefaull, at least 00 days (but not mine than 120 deyo) p&rlo the aadof tho7oml (erthe Renewal Twm)you shall give ua vMttonnoVee olyourislongdn at the and of the Term (orthe i ifirwal Tomt)whloh election cannot bo mwW, to rolum aa, but not Was Nan all, of the Equipment, IF YOU DO NOT PROVIDE US WrrH SUcH WRHTEN NOTICE ANO RPTURN ALL OF THE EQUIPMENT AT THri FNn OF THE TERM, TiMN 7018 AOREFMENT YdILL AUTOMATICALLY RENEW FOR ONE ADDITIONAL TERM OF TIHELVF (12) MONTHS. AND TKFWAPIER ON A SUCCESSIVE MONTH -70 - MONTH DAMS (THE ADDITIONAL 12 MONTH TERM AND SUCCESSIVE MONTHLY RENEWALS, EACH A `RENEWAL teRM') and all of Pte provisions of 00 Agreement shall confutto to apply, Inoludng, Without Amilatton, your obligations to remit Minimum Payments, Excess Per image Charges and oihar choices, unU all of the Equipment or refumed 1a us (a(Uner become via demand mium of Ow FWpmrenl or you divide to return one Fqutpmena). It you are It da(aull, or of the end of the Term Jar the Ronoveal Tom), you shag; (1) rdtum silt of the Equipment, freight end Ilsuronad propold eI your oast and Oak, to whatever we Indroate in ern continental United Steles, wAh All manuals alld logs. In good order and condition (oxcopl nor Ordinary wear end loon from Aomnal Uso), peeked par the slnpptng oompenys spncfiaaliong and (2) securely remove all data from any and all disk drives or mognogo medle pilot to ratutning the Pquipmoril (and you am solely raspansible for soleolinc An eppropriole tomovol standard that moots your business Anode And complios with oppllodbla laws). You will pay us forany loss in value cowling front the failure b inetnleln tits Rulpment In aocoMotwo with We Agreement or for damages Inourred to shipplod and handling. 12, ASSLONMENT. You may not aulgo or dfoposd of any tights or obegaybna under INs Agreement or sublosse the Equipment Wthoul our pilot vrdtten co6senL We may, wwilhout no!"o you: (a) assign All or Any poOton of this Agreement Or out Interest In are Equlpmelk; and (0) release information we have eboulydu and urs Ag(eemanl In the rhanufeolurer, Supplier or any prespooltve hVeslor, parltolpant at putohoSar of this Aememant. If we do make on asslgrlment under subsection 12(a) abdva, our assignee will have on of our rights vAWr4h4aAgdeemenl, but none of our obllgetiens. You agtee not to eased against our assignee 0shts, offsets or defenses you may have against us, 13. W9051-1-AHEOUS. Hollow must be In Wdilog and VA bo doomed given Ivo (6) dAya *nor mailing Io your (or out) business iddresr. You represent that (a) you have authority to solar Palo this Agieamenl and by so doing you Y41 not Violate my raw or ugdeemenL and (b) this Agreameh( Is s)griad by your Authorized offer or agent, This Agreement Is the enam agreartianl balNOan us, and cannot be MOW except by andFnbr dooutmenl atoned by us, Th1a ALimemant to bhndlna den you and yoursutwassora arid assigns. Ab 2omolel rntermagon you kava pmvlded is true and a reasonable tapraaenlallon of your Anonalsl condition. YOU Ougwdzo us, out agent orour Assignee to., (a) obtati Bradt reports and make credit Inguidas; (b) filoftyourktfom)A6on,Including urodit ApptltAllen, payment history and scoamlInformation, to OmAl reporting ogeleles and our assnuaeea, potenael puraheaere W Investota and patinas having an aoonomro Interest In thus Agreement or iha Equnpmant, uro1 uda,g, vlihoui limitation, the eager, euppldo(or any maduroalurar of the Equlpmerr; end (o) you Inavooaby grant ui rye power to prepare, 09a on your behalf (d Vocatao), and hta, atoolronlo ally or ollion viso. Uniform Comrnorolal Code MOO,) shadtoltg slalamanl; and any amandments [herein or Continuation thereof reGuing to the EqutpmMI. and contatrsing My other Informsmon rar(ulrad by trio appiloabfa lige, Any claim you have against us milli Im made Within txo (2) years scot the over wldch caused N. If a MN IYnds any proNdon of (Ids Aomemtni to be orwnlorrxrrrbla, a( (mar terms MOO remMA (n effect end asfomn&W, You eulhotiza w to heed or conreol misskhg Wormill mr on Ihis Agmamonl, Inokltlllg your proper legal (amo, Serial manbdra end any other tab mason describing the Equipment If you so request And We permit the darty lenrynAMn of ants Agmamatt, you ogpmo to pay A tea for such prlvkoge. THE PARY198 INTEND VES TO BE A 'FINANCE LEAW UNDER ARTICLE 2A OF THE UCO. YOU WAIVE ALL IFUGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCO. YOU PURTHER HERESY ACKNOWLEDGE AND AGREE THAT WE ANLYOR THE SUPPLIER MAY MAKE A PROFIT ON ANY AND ALL FEEe REF5RrNOED HEREIN AND, IN 80 DOING WAIVE ANY AND ALL cLAIM WHICH Voll MAY HAVE FOR UNJUST ENRICHMENT, Rye may TAeelvocompensatlon inxn the moviWachlror andlor Supplier at the EgUtpmant In order to enable us to reduce the cost of this Agreement hetwv vmllat We bmorolso wadd charge. If we received such compensation, Ina reduction fn the cost of this Agreement Is ta6eoled In the Minimum Payment, 14. ELEGYROWO TRANSMISSION OP DOCUMENTATION. This Agreement pray be executed In counterparts, The executed counterpart which ben Mit original tionahre andfor Lt In our Possession shall constitute ohAllol paper as Ural Ism to donned in the UCC and shall conslAuto tha ongllat agroement for all purposes, Including, wilhoyR Ilnllallen; (l) dry hnadhg, (dal or proosoding wah Mansel to this Agroarriml: find (i) any detwminolloh as to wtiloh version of this Agroomant consthutos the single true original Item of chattel paper under the UCO. H you slgn and transrvl PilsAgteenlent to us by faosbntie or other alae(roalu transmission, the Ianandllod copy shoo be binding upon the pAdfes. You none that the (fioslnula or other aiaoltenin Imninksion of this Aommilonl manually skied by us, when Allached to the facsimile Or other eleolronlo ropy signed by you, AhAll MsIllula the oflt)lna) agredmoat for NI purposes, Be pailles (u Char agree ghat, for purposes of ovocullno this Agroamonl, Ina subject to Our oder epprovof and at our sole c0sorellon: (a) A dooumeni signed ting transmitted by faoskrdba or of isr sloolmnlo IransmissW Mail he treated as en original document; (b) the slgnalure of any party on such document shall be considered as an odglnaf signature; (e) she document [runami€led shall have the same offool as n countorport mmrnor contalninc original elgnafcres; and (d) at our mqueal, you. wine executed this Agradmam and Imnatnlltod Its signature by facslmtie or o4tor eloelmito transmisslan shall provide the eoumlorporl or ails Agmomant containing your original mdnuat signature to us. No party may relaa as a defense to the onforoomont of thle Agreement Beal a laauvlmHa or other alootronla lrensmisslon was used to IrMuNt any afgtlelctO Of a pArly to this Agreement. Para 2 of 2 Cap 072(o) 02(mod)10113 Sales and Service Agreement Page 1 of I TermsPurchase Order No. Date Purchase Salesperson 3/9/2022 :11 -Lease Type Months Payment De osit Guy Adams W FMV 60 $339,00 Zero SOLD TO: City of Baldwin Park Engineering SHIP T0: City if Baldwin Park Comm Center 14403 E. Pacific Avenue 4100 Baldwin Park Blvd Baldwin Park CA 91706 Baldwin Park CA 91706 Contact Robin Morris Contact Morris Phone 626 960-4011 #136 LRobin Phone 60-40.1 #136 E-mail rmorrls r@baldwinpark.com Email ris@baldwinpark,com Qty Product Cade Description Amount 1 Sharp MX -6071 Community Center 1 MX-DF28N 1 MX-RB25N Sharp Naspo Contract 1 MX-FN30 1 MX-PN16B 1 MX-FX15 1 Surge Protector 1 Sharp MX -6071 Engineering LU 1 MX-DE28N 1 MX-RB25N 1 MX-FN30 1 MX-PN16B 1 Surge Protector Delivery, installation and Network Connectivity Inc Professional TraIn.1na Inc CBE to transfer all contacts into new Devise, CBE to close lease with Canon Financial and Ship Canons back Subtotal $ to teasing company. Initial 5et-up Inc m Sales Tax $ - Delivery Inc o Z Trade -In Total Due $ - Amount Paid nc u es: Labor, Parts, Consuma6le Supplies. Exc u es; Paper, Stapes Balance Due - U Base Rate 1 $339.00 Billing Period (monthly If not chocked) Monthly Quarterly Monthly Allowance of Impressions Slack Zero Color Zero Overage Rate per Impression Black $0.0057 Color $0,0520 Overage Billing Period (monthly if not checked) ❑ Monthly Q Quarterly ❑ Sem€-annually, ❑ Annually Customer Signature: Title; Date; til X X X ' >Z. CBE ACC ptance: Tltle: Date, a Corporat ffice Los Angeles and the Valleys Office Tarrance/South Bay Office inland Empire O !ce N 0 4A Mason 5t 13200 Crossroads Pkwy 19191 So Vermont Ave 800 N Haven Ave t Irvine CA 92618 Suite .135 Suite 470 Suite 220 0 949.830.1400 Industry CA 91746 Torrance CA 90502 Ontario CA 92764 SIGNATURES BY BOTH PARTIES ACT AS A BINDING CONTRACT AND CANNOT BE CANCELLER OR TERMINATED AND CONFIRMS YOU HAVE READ RNR UNDERSTAND THE MAINTENANCE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT, PHONE: (849) 830-9400 BOB ADDRESS: 4A MASON, IRVINE, CA 92801 Muer Collection WEBSITE: www.ebeofficesolutions.com Jl O(f UJtlllipM This Addendum supplements the existing business relationship between CBE Office Solutions; and city of saldwln Park and Is Effeotrive as of upon Installation lit order for CBE to provide the best possible service to our customers and to provide 100% accuracy in our billing of our customers, CBE has developed a Managed Print Services program that enables CBE to remotely collect meter reads, automate supply fulfillment and report service Information for managing fleets of copiers, printers, fax machines, and multi -functional devices. To help us to do this we need your agreement to the following: BACKGROUND RECTI'AI,S: Both parties desire to supplement their business relationship to include ilia provision of remote meter reading services and certain other fimetionality defined below. By mutual agreement both parties agree as follows: I. Descripttun: CBE provides cost recovery and remote meter collection solutions frim Print Audit Inc. — Facilities Manager, part of the remote meter collection suite uses a small software program called the Information Collection Engine (ICE) to perform periodic scans in the environment in which it is installed. (ICE) creates a scan file in XML formal, encrypts it and sends it to Print Audit's secure server as a zipped file. No personal information is collected or sent from Facilities Manager. Only the following information is gathered and transmitted to Print Audit's secure server: Make, Model, Location, Serial Number • iP Address - MAC Address • Page Counts • Toner levels <option> • Status 1 Alerts (e.g. out of paper, paper jam) <option> 2. Activation: CBE's MPS technician and or Customer will install Print Audit Facilities Manager (ICE) on a mutually agreed upon server or computer dedicated for this purpose. You will need to provide the location and name of the server / computer the software witl be installed on. The designated computer must be connected to your network and have internet access. Additional information will be required for multiple locations / networks (Subnets, VLans) Nate, Print Audit Facilities Manager (ICE) is only available to customers that are covered by a valid maintenance agreement. 3. Cost of Services &'Termination. There are no additional fees for the basic Print Audit Facilities Manager license provided by CBE. At any time you may request that the Print Audit Facilities Manager license be deactivated. We may deactivate the Print Audit Facilities Manager license if you attempt to use it for any improper use or use with another vendor. 4. Ownership, Use & Security of Data. CBE retains all rights and interest to the data collected by Print Audit Facilities Manager (ICE), which it may use or provide to third parties authorized by CBE to provide better service to you, CSE may also use the data for its regular business purpose including but not limited to research, and marketing. So long as the information is not attributed or identifiable to you, CBE may "sanitize" the data and provide it to third partics for research, marketing and similar business purposes. Except for the limited data captured by Print Audit Facilities Manager (ICE), this Agreement does not grant CBE any rights to your documents or information. CBE may dispose of the data at any time when it is no longer necessary for CBE's own business purposes and without notice to you. CBE uses reasonable available technology and security procedures to maintain the security of Print Audit Facililics Manager (ICE) and the data gathered from the solution: however, you acknowlcdgo that no provider can absolutely prevent iulerception of data or guaranty security of information maintained on computers on the Internet. 5.Ownershlp of Intellectual Properly. Print Audit Facilities Manager (ICE) technology is confidential and proprietary information of Print Audit Inc. and/or it licensors protected by copyright, trade secret and other laws and treaties. Print Audit Inc. and/ or its licensors retain all right, title and interest in and all intellectual property associated with Print Audit Facilities Manager (ICE). CBE is an intended beneficiary of this Addendum. 6. No Other hloditientions. Except as specifically modified by this Addendum the terms of the business relationship remain unchanged. latending to be legally bound, both parties must have signed this Addendum, effective as of the date shown above. City of Baldwin Park Engineering Company - 14403 E. Pacific Avenue Address Baldwin Park CA 91706 City State Zip Robin Monis 626 960-40114136 Contact .com. Email Phone Meter Request. This addendum will in no way prohibit CBE from requesting meters in an alternative method. Print Audit Facilities Manager (ICE) soilware requires the print device(s) to be connected to the network and turned on in order to collect the data. The computer frosting the Print Audit Facilities Manager (ICE) software will also have to be on at the time the software is set to collect the data. Ifmcler lrrformallon eannot be obtained using our arnonmted method the customer will be cuntacred fur rnerers via enurdd, fui and or by phone. Please fi drlad Accepted Server / Computer Location Declined Authorized Signature X i; ® f ' J Title X Date X Authorization - CHE Meter Collection CBEMCV120401-1 Superior Products A Business Proposal Callon For Superior Solutions Document Management Managed Print Services Fax Servers Vanable Data Rules Based Printing Cost Recovery Superior Support OEM= mom ' I j CELL BUSINESS EQUIPMENT r Replace IR6555 Community Center ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 150 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud , Print Mobile Devise ✓ SUPER G FAX Advanced Owerty Keyboard ✓ Graphic PS PCL Drivers, HD Security Kit ✓ 6 Ex Finisher 65 Sheet, 2&3 Hole Punch ✓ Duplex (Two Sided) Copying/Print ✓ Set up/Delivery/installation/Professional Training with Customized user guides NASPO Contract ...... MX•FN30 3K Stacking; 65•sheet Staple Finisher Cost per Copy Full Service Program include all parts and Labor except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly. ✓Color Billed as needed @ $0.052 EG 1000=$52.00, Overage billed as needed $0.052 monthly or quarterly. ✓.CBE to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory ✓ CBE to Close Lease and Ship Canons back to Leasing Company. ✓ All figures Pre-tax AdamsContact - Guy 818.421.2495 *Pricing _ good t March rch 29, 2022 rouah , ,,, r � Re lace 1R6555 En ineerin ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 150 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud , Print Mobile Devise ✓ ✓ ✓ Advanced Qwerty Keyboard Graphic PS PCL Drivers, HD Security Kit 6 Ex Finisher 65 Sheet, 2&3 Hole Punc' Duplex (Two Sided) Copying/Print Set up/Delivery/Installation/Professional ' FRIMIM - 1. NASPO Contract Includes 2 Sharp MX -6071 Lease Options FMV lease 60 months $339.00 Cost per Copy Full Service Program include all parts and Labor except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly. ✓ Color Billed as needed @ $0.052 EG 1000=$52.00, Overage billed as needed $0.052 monthly or quarterly. V.CBE to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory ✓ L, to Close ease an Ship Canons ac to Company , , ✓ All figures Pretax 818.421.2495 CBE gadams@cbesloutions.com *Pridnggood through March 29, 2022 Canon DX C5860 Replace IR6555 Community Center ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 200 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud , Print Mobile Devise ✓ SUPER G FAX Scan MS Word Excel PP ✓ Graphic PS PCL Drivers, HD Security Kit ✓ 6 Ex Finisher 65 Sheet, 2&3 Hole Punch ✓ Duplex (Two Sided) Copying/Print ✓ Set up/Delivery/installation/Pro essionaI Training with Customized user guides in 5 YEAR PERFORMANCE GUARANTEE NASPO Contract Cost per Copy Full Service Program include all parts and Labor except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly, ✓ Color Billed as needed @ $0.052 EG 1000$52.00, Overage billed as needed $0.052 monthly or quarterly. v/.CBE to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory ✓ CBE to Close Lease and Ship Canons back to Leasing Company. ✓ All figures Pre-tax 0 Contact Guy Adams 818.421.2495 ♦ i CBE Office Solutions _*Pricing good through March 29, 2022 Canon DX C5860i Replace IR6555 Engineering ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 200 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud , Print Mobile Devise ✓ Scan MS Word Excel PP ✓ Graphic PS PCL Drivers, HD Security Kit ✓ 6 Ex Finisher 65 Sheet, 2&3 Hole Punch ✓ Duplex (Two Sided) Copying/Print ✓ Set up/Delivery/installation/Professional Training with Customized user guides NASPO Contract Includes 2 Canon DX C5660i except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly. ✓ Color Billed as needed @ $0.052 EG '1000=$52.00, Overage billed as needed $0.052 monthly or quarterly. ✓.0 E to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory ✓ CBE to Close Lease and Ship Canons back to Leasing Company, ✓ All figures Pre --tax Contact — Guy Adams 818.421.2495 CBE Office Soiutions *Pr dng good through March 29,E 2022 HP E87660z Replace 1R6555 Community Center ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 250 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud, Print Mobile Devise ✓ SUPER G FAX Advanced Qwerty Keyboard ✓ Graphic PS PCL Drivers, HD Security Kit ✓ 0 Ex Finisher 65 Sheet, 2&3 Hole Punch ✓ Duplex (Two Sided) Copying/Print ✓ Set up/Delivery/Installation/Professional Training with Customized user guides L HP GEM Contract Cost per Copy Full Service Program include all parts and Labor except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly. ✓Color Billed as needed @ $0.052 EG 1000=$52,00, Overage billed as needed $0.052 monthly or quarterly. ✓.0 E to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory VCBE to Close Lease and Ship Canons back to Leasing Company. ✓ All figures Pre-tax Contact Adams 818.421.2495 cell CBE Office Solutions gadams@cbesloutions. cam *Pricing good through March 29� 2022 • •kig LLI . . ✓ 60 PPM/ 60 PPM Color DIGITAL COPIER ✓ 250 -Sheet Single Pass Feeder ✓ (2) 500 Trays (2) 1000 Sheet Trays/ 100 Bypass Tray ✓ Scan Print Copy B&W and Color Scanning ✓ Scan to Cloud , Print Mobile Devise ✓ Advanced Qwerty Keyboard ✓ Graphic PS PCL Drivers, HD Security Kit ✓ 8 Ex Finisher 65 Sheet, 2&3 Hole Punch ✓ Duplex (Two Sided) Copying/Print ✓ Set up/Delivery/Installation/Professional Training with Customized user guides HP GEM Contract Includes 2 HP E87660z Lease Options FMV lease 60 months $389.00 MENEM L-0 13-P Cost per Copy Full Service Program include all parts and Labor except paper and staples. ✓ B&W Billed as needed @ $0.0057 EG 12700=$72.39, Overage billed at $0.0057 monthly or quarterly. ✓ Color Billed as needed @ $0.052 EG 1000=$52.00, Overage billed as needed $0.052 monthly or quarterly. ✓.CBE to Transfer all Existing contacts to New Devise ✓ CBE to Provide Data Wipe Canon HD Memory ✓ CBE to Close Lease and Ship Canons back to Leasing Company, ✓ All figures Pre-tax lb Contact Guy Adams r: - 818.421.2495 OfficeCBE !8n6gkq ood throw h March 29 2022 SIGNATURES BY BOTH PARTIES ACTASA BINDING CONTRACTAND CANNOT RE CANCELLED ORTERMINATED AND CONFIRMS YOU HAVE READ AND UNDERSTAND THE MAINTENANCE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT. Ono, Office Solutions Sales and Service Agreement Page 1 of 1 www.obesolutions.com Terms Purchase Order No. Date Purchase Salesperson 3/9/2022 -2d Lease Type Months Pa mentDe oslt Guy Adams r. FMV 60 $339,00 Zero SOLD TO: City of Baldwin Park Engineering SHIP TO; City if Baldwin Park Comm Center 14403 E. Paclflc Avenue 4100 Baldwin Park Blvd a Baldwin Park CA 91.706 Baldwin Park CA 91706 Contact Robin Morris Contact Robin Morris Phone 626 960-4011 #136 Phone 626 960-4011 #136 E-mail rmorris@baldwinpark,comE-mail rmorris@baidwinpark.com Qty Product Cade Description Amount 1 Sharp MX -6071. Community Center 1 MX-DE28N 1 MX-RB25N Sharp Naspo Contract 1 MX-FN30 1 MX-PN16B 1 MX-FX15 E 1 Surge Protector �0 1 Sharp MX -6071. Engineering cu 1 MX-DE28N 1 MX-RB25N 1 MX-FN30 1 MX-PN16B 1 Surge Protector Delivery, Installation and Network Connectivity Inc Professional Trainin Inc CBE to transfer all contacts Into new Devise, CBE to close lease with Canon Financial and Shlp Canons back Subtotal $ to leasing company. Initial Set-up Inc Sales Tax $ Delivery Inc Z Trade -In Total Due $ - Amount Paid Includes: Labor, Parts, Consumable Supplies. Excludes: Paper, Staples Balance ue - W Base Rate $339.00 Bill Ing Period (monthly if nat checked) ❑✓ Monthly ❑ QuartejAnnually Monthly Allowance of Impressions Blaclt Zero Color zero Overage hate per Impression BlacEc $0.0057 Color $0.052 Overage Rifling Period (monthly if notchecked) ❑ Monthly 0 Quarterly F-1Sem€-annually Customer Signature: Title: Date: X X X CL CBE Acc ptance: Title: Date; Cor arch fffce Los Angeles and the Valleys office Torrance South Bay Q Ice Inland Empire office c 4A Mason St 13200 Crossroads Pkwy 29193 So Vermont Ave 800 N Haven Ave Irvine CA 92628 Suite 135 Suite 470 Suite 220 U 949.830.1400 Industry CA 91746 Torrance CA 9050.2 Ontario CA 91764 SIGNATURES BY BOTH PARTIES ACTASA BINDING CONTRACTAND CANNOT RE CANCELLED ORTERMINATED AND CONFIRMS YOU HAVE READ AND UNDERSTAND THE MAINTENANCE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT. I-udnbg p- vjeq- M-'- p6q -clad X" 9lLwAS*JCVwuodcgau . 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To help T1s to do this we need your agreement to the following: BACKGROUND RECTrA1,S: Built parties desire to supplement their business relationship to include the provision of remote meter reading services and certain other functionality defined below. By mutual agreement bout parties agree as follows: 1. Description: CBE provides cost recovery and remote ureter collection solutions from Print Audit Inc. -- Facilities Manager, part of the remote meter collection suite uses a small software program called the Information Collection Engine (ICE) to perform periodic scans in the environment in which it is installed. (ICE) creates a scan file in XML format, encrypts it and sends it to Print Audit's secure server as a zipped file. No personal information is collected or sent from Facilities Manager. Only the following information is gathered and transmitted to Print Audit's secure server: • Make, Model, Location, Scrial Number • IF Address - MAC Address • Page Counts • Toner levels <option> • Status / Alerts (e.g. out of paper, paper jam) <option> Z. Activation: CBE's MPS technician and or Customer will install Print Audit Facilities Manager (ICE) on a mutually agreed upon server or computer dedicated for this purpose. You will need to provide the location and name of the server / computer the software will be installed on. The designated computer must be connected to your network and have internet access. Additional information will be required for multiple locations / networks (Subnets, V1.ans) N'oto: Print Audit Facilities Manager (ICE) is only available to customers that arc covered by a valid maintenance agreement. 3. Cost of Services & Termination. There are no additional fees for the basic Print Audit Facilities Manager license provided by CBE. At any time you may request that the Print Audit Facilities Manager license be deactivated. We may deactivate the Print Audit Facilities Manager license i£yon attempt to use it for any improper use or use with another vendor. 4. Ownership, Use & Security of Data. CBE retains all rights and interest to the data collected by Print Audit Facilities Manager (ICE), which it may use or provide to third parties authorized by CBE to provide better service to you. CBE may also use the data for its regular business purpose including but not limited to research, and marketing. So long as the information is not attributed or identifiable to you, CBE may "sanitize" the data and provide it to third parties for research, marketing and similar business purposes. Except for the limited data captured by Print Audit Facilities Manager (ICE), this Agreement does not grant CBE any rights to your documents or information. CBE may dispose of the data at any time when it is no longer necessary for CRE's own business purposes and without notice to you. CBE uses reasonable available technology and security procedures to maintain the security of Print Audit Facilities Manager (10E) and the data gathered from the solution; bowcvcr, you acknowledge that no provider can absolutely prevent interception of data or guaranty security of information maintained on computers on the Internet. 5. Ownership of Intellectual Property. Print Audit Facilities Manager (ICL) technology is confidential and proprietary information of Print Audit Inc, and/or it licensors protected by copyright, trade secret and other laws and treaties. Print Audit Inc. and/ or its licensors retain all right, title and interest in and all intellectual property associated with Print Audit Facilities Manager (ICE). CSB is an intended beneficiary of this Addendum. 6. No Other Modifications. Except as specifically modified by this Addendum the terms of the business relationship remain unchanged, httending to be legally bound, both parties must have signed this Addendum, effective as of the date shown above. City of Baldwin Park En ineerin Company 14403 E. Pacific Avenue Address Baldwin Park CA 91706 City State Zip Robin Morris 626 960-40114116 Contact Phone rmorrispbaldwinpark.com Authorized Signature X Authorization - CBI: Meter Collection Meter Request. This addendum will in no way prohibit CBE from requesting meters in an alternative method. Print Audit Facilities Manager OCE) software requires the print device(s) to be connected to the network and turned on in order to collect the data. The computer hosting the Print Audit Facilities Manager (ICE) software will also have to be on at the time the software is set to collect the data. Ifntefer i ffannarfwf calrfrol be obin;ned rtslug our attromared afedtod rbe customer null/ be contacted for urelers via email, fax and or by phone. Please liririal I Accepted Server/ Computer Location: Title x Declined Date X COEMCV1204D1-1 Office Solutions ow M Cart ffusldess retiomont TOTAL IMAGE MANAGEMENT 8M T13 Agreement No, R12 0 A 0 Equipment MFG Model & Description Sorlal Number Accessorlee 2 Sharp MX -8071 _ 2 LCIT 2 Ext Fin 2 Pa er Pass 2 2&3 Hole, 1 Fax & 2 Sur es See attached schedule tar addliional Equipme.pt/ACGOSSOHOS Billing Address: 14403 ii Pacific Avenue Baldwin Part( CA 9 1708 89708 Equipment Lgcauon: 4100 Baldwin Blvd .Baldwin Park CA Term: BQ (months) Mlnlmum Monthly Payment: $33.00. (plus appilooble taxes) Cell Business Equipment Excess Per Imago Billing Pfeforence (monthly if not ChBdked) 4 Mason Ste, A Irvine, CA 02818 Monthly ®quarterly Qsemt-Annually rjAnnuaiy Supplier FueVFralght Fee: $...Q_._._.._.__ per month (Not to exoeed $76.00 per month) The following addlllonal payments are due on the trate this Agraament Is signed by you: Advance Payment: $0 _ (plus applicable taxes) Applied to:1] First [] hast - Document Fee: $76.00 (Inoluded on firth Invoice) � a 9 0 $0,0057 © 10,052 7co YOU HAVE SCLE01W THE EQUIPMBNT. WE SUPPLIER AND IT$ AtPRESENTAT1VEe ARE NOT AGENTS OF ANY. ASWNEE_ OF OWNER ANP _ARE _NOT AIJTHOPJZEO TO MOD VY, THE TERMS OF THiB TERMS ANO wNWTIONS 1, i'OMMF.N pME0T_nK AOp lx MFNr. Omnmencement of Ills Aprew"fit and aaoptanuat of the Equtpme+d shah occur upon delivery of the Equlpmdnt to you ('Oommencknerd Oetal. To the rodent that Iho E4 dpmer Inrdudw tnlangble property or asmclotad services such ab paiodla soflwara icehses and preptald,dalabase sutisaipMpn dank, aueh intangible property 4MI ba retired to as'Softwitn?, You undots3snd and agree that hyo have m nghl, We or Interest In me 6ofl wo and you V4 comply throughout the Term of this Agroamenttvim any keno ands other agroemanl (•tlatiware I.IceriWt entered M%yQh the auppief d the, G Mvaro ('soilwam supptwi You am rasponslhie for ertedng tutu shy Stfiwaro uconse wn tlm SaMora 8upipMar nn fater Ulan the Comnbllcomerd bale of tWo Agreement, You same to Inspect the Equiprnord upon deivdry Ind Vons by lefephwna Or ie witting $to IrtrorrnaifOr as we may fequye. The Equipment It aweptad by you under IN* Agreement untets you hg1M' us Wdbin three (3) days of delivery that you do not oocspt the Equipmanl and spaeiry the dateot or merunellon, In that emi, wo %q mplaod the dafedfya Mom of Equipment or eartoel uds Agreement and you n assume all aur dgmt under arty pumhaso order or agnedment entered Into by us le"the Equipment. tf yuu srggat a puickrgta orQar or etmgar agfgcrgaet ter the purchase of the CgWpmcnt, by Signing this Agreunant you assign to us ail b your dghts, tut none of your o44gailwa under It Alf ealachmonts, Accessodos, repiacememo, raplacoment parli, tubithuttons, additions and repair to" Equyxment Shah fort part of the Egtspmaniunder this Agreemere. 2. (yA F r.JiAnttEfi. Each month duffing the Tenn of this Agreement, you ogreo to fK M la ua 018 MUlmum Monlilly Payment CMWrrw Payme a`) and all other sums vfion due and paysNo at the address Wo ptoWn to you from Dano la We. In return for the Mtnlmum Payment, you aro entNod to pra&co the MWWjcn Numbaf of anagen for each apPIcable Image Type each, matin, You agroo that you WE ramM paymanii to us In we form of company diecks (or parsons! ohscas N Die ease of we proplielorehipsj Bract teW or tykes orgy, You also agtao cash and cash egrivalents are not acceptable forms of payment tot thpe Agriantani and that you 0 not romp ouch tams of payment to us. Paymanl In any other form may delay pre,coeslog oe be mtumsd to you, l udherrnere only you ce your aulltalsed agent as approval by us vAU rerrat payments to ds, MInInwm Paymints wM Include any rretghl, deUvery, autallalion end dMiar expenses we finance on Your behalf At your raquest You also egrpa to pay us the app4cathle txuss Par Image Chwoo (pW oppkable taxes) for aeoh metered Image that e844eds pile opploble 140piM Hurnborot Images. We may sttlmato the number of Images produced V you 40 trot p ro'elde us VA motor madIngs vftln sover (7) days of request. We wM adiust the estimated charge foraxcess anagos upon recbtplof actual malar toasmL NotxNfstand?ng any e*Wmeots, you WhI aoVer pay us leis than the MWmum Paymeiti. You ogioo Ilial after Ino firsttwelvd (0) monIbB al the Term (or any eAenden or ren"21) of M;ogre emard, and al the, and of each WkOt tweNa (12) month podod thoreoligr, are Mfrdmum PaVmWe and Exoess Per Image Changes may bo Ino('eetod by an amount aquol to Mia lesser of: (a) up to 1545 tithe Madalum Payments and Excess Per Imago citareas In effect at the and of ilia pier twMa (12) mouth pwd: or.(b) Ne moxinum paroaMaga fwrri"44 by ppptoWo law. Mout OpMon, your VAI: (a) peoAda. na 4 tai►ph" orfacarrile the actual malar ro I&W when requested by us: (b) Pravida us (arowageril) aesoda to the Equipment to ohteln metes re0mit; or (o) 4W us (or olr agent) to attach an automaife rioter feadtog device to the Equtomert, VOL may atim any awomado mater readksg device pedwooly. Mw=M PRTRCM4 are due whether ar rot you raootre In tnyolce, it you bctie a depute with the &ippiler mgwdlpg the r;qutpnent or any aeevtce, repels or malnlenaoce of ilio EquiIrmend Qneandplg Vd havnl im11e11on, any Equlprtlent doalgnaiad'Bar*& Oriyh you than OwXnua to pay us'eM MIA4num Paymerdl end Exaaes ver Imago chorgea vAthoul deduoUen orvA bhOiding of any amounts. You awho&b w to adlylt the AIWmym Pa*eats by net more than 16% 10 reffool eihy naeorrpgunaMon of the i:gWpmbnt or 449fto* tofafAd Appseable sales taxes or the coat of the Uqulpmenl by the mraarracturor ww.or supplof. You epraa to pay us an tnleitm payar0l from and InoWnq the cmnmencghwhl Oalq through. W not W)ud5tg, the psyment due date of the month next foft tag the Corwarcoment Dale (theInterim Rent Padod") st m rate aqual to IM of flip M611pwm PaymW set forth herdn tot oa.tr calendar day dAV the tmadm Item Period. a, 01HER CHARGES Year ague te: (a) pay $11 alSaatmt!rHd, taxed dnd QOyem itAttiy Nappdao upon trrmera puroneae, cimularip, peaacairal, we,ap9, ra,eagA uP.—h w,wv, w v „w roup Cell Busle�ess-Equipment j rhe CI of Baldwin Park 1 n 1 (CusiomarR6L#WNome) By: x Name: Title: By: X Name: Title: X Date: _( i_ I f7Date: x Fadaral Tax iD: X Pago 1 of 2 Vvu ,or,utu) 1 14 %inept 1w 19 our discretion, to either. (i) roMebursa m Well personal property and other simfar loxes and po ornmonfd olierpea assodsted vAN iha oweeraW, possess€vn ofusa of1ho Equlpmanl when blind by nto)udsd ctbas; or(2) rermn to us each mornlb our asUrnale, of Ne pfo-ralod equWord et such taxes and gavommootol aharges. In the event Thal the ukfng Period aura inoivdos a anparowy stated estmsto el ponsadal paoptrty prid other 0glortpxoa, yet aO1maYAedge and agree that such aaetex roptasetds Gurestdnado of sail Irrxos Viol WPlbe payable Will t6spee1 to the Equipment during the Tour. As onpronsallon far our Internal and oxtanel costa in the adminittrseon of taxes related to each unit of F40irmord, you agree to pay us a 'Tax Artminialraave, Fee" not Ea exceed 16% e1 the odgbnai asset cast par year dmIng Ilia two. trot to exceed the maximum pont ted by sppilaab)o law, Tixr Tax Admlaisimthre Fee, atourtole discretion, maybe Inomasod by on mmill not exceeding 10% thenar for each subsoquentyear of the Term to reteot our increased costar administration end tea ya notify you of any zuchkwesse by Indtaallog such Increased amouM In too relevant Invoice or In such other manners& we doom appropriate. We May take on your behalf any notion regUfcd under Nis Agreement whibu you (41 to take, and upon rocefp9 of our Invoice you Vito promptly pay our costs (Inofuding insurance inrarrdums and oNer payments to otsblales), plus mosenablo pr000sskq leas. Rosbivlya endorsements on cfsaaka you aeras In us hula not waduca your oblipailMs to iia. We may choloo you a return check or nom•sU(0dofllhutds charge of $26 (or any check which is mlvmad by the bank forany reason (not to axotad the maximum amount pomilAod by low). You name to pay a monthly Fual'6mVil Foo, spoctlod on papa I of He Apemonl, width wit be rondRed by ut to the Supplier. 4, LATE IDHAHOHs For any payment which Is net ranoW WthIn abfoo (3) days of Els On date, you soma to pay a late charge not to exceed the idohor or 10% or the arnatmt OA or$M ¢bol to exceed the ma:tlmvm amount permitted by tett) as feasonebto collaoron costs. g, MAINTENANCE AND 8El1VICL: Dwsip,fWHIP A14U USE, The Supp€iAridendied on page 1 01 Ws Agreement Mupplor) hag nomad IG provide FULL SERVICE MAINTENANCE DURING NORMAL BUSINESS HOURS, INCLUD€NO ALL TONER, DEVELOPER AND PARTS NECESSARY TO PROMCE IMAGES, YOU MUST PURCHASE COPIER PAPOR AND STAPLES SEPARATELY. You pekmowledoo that; (a) the Suppler 13 Soley responsible for al sarWoo nudnlotartoaof the V-pIpmentsetfodh hereto; (b) In the event that we assign this Agrearront, air sasigneo (1) shall riot be ri spona$dg (or mysertdce, repair or malntenanae 6€ the EcydpmeN,1 and 12) will bill (ort a pass IhMUD11 hosts) on behalf (A'SOPPferany appfloobla Exam Per imago Charges and She portion of Na Minimum Paymentalkibulabla tosen'lce maYrlenanae daNa Eit0painal, Molhor"8afvtae Ony ornol) and (a)on asato igo of us shalt be a party 10 any servlee mahttenadco agroomoilt You agnea to pay brsauvlce mpinfenanca outside of the SuppUera nomhad bustness hover forsarvicn required by your nagirgeaea arm1aueo Of the Equlpmmt at SUppnard Customary Was. Wb raserya a NOWAt/ Interest In No Equ ipmoOt to secure of of your olhDgal ons under We Agreement We am the Equipment and you have aro doht b use Ilia Equtpmeal under oto forms of this Apfetymnt if Uds Agreement its doomed to ba awearad Uansoellon, you ()font is a litst pd6dtysewiN IfllemM In lie Egdprrmnl to secule all ofyourabtQa9ons Under this Agw9 ard, Wit hafaby assIgn to you all our aphis under any mnauracturer and/or aifpplur vvrxrealios, so long as you aro not In default hereunder. You must keep the Eghipnmhl Goo of Item. You may nor mmovo the Equipment from the address Indbatod on page 1 of this Agreordenl vdihoul first obtaining our approval. You agree to: (a) keep the Equfpmanl to youroxcivaive control and possessloo; (b)use the Equipment in donfcmtiywitll M Insurance raqutmman€s, manursoiwadd Instreallons and manuals; (o) keep the Eglxpmeht repalrad and malnidhed in good woridng order end no regelmd by the mamisaturera Womanly end epectf gUorlls€ end id) piths us masohgWe, eaaoss to inspool the EgWpnwnt and Its maintenance end olror records, if eny Equipment is doslgnated'0arvico OV, you acknowledge and agree that: (i) we do not own such Equipment; (2) we am riot provWlno such Egvfpmoot to you pursuant to the lomis of thIsAgreemenl; (3) Supplier has agmed to provide full tondos mavnlgnanoo of euoh Equipment ptrsuonl to the terms oulsrtod sbova; (4)iho pookm W ext MWMM Poyatok Yddoh mlelos to ahrah Equipment Includes ordy No M &arida ma€nlononoo of such Equipment and not His use orronlel of the Equipment; and (6) sum'8erdca Orly' Equtpmmtt may be added to or deleted from ksAgreemeuk by written nofcn from Supplier ID us; provided that such adaton ordalelton does not modify the Mirtinu l Payment or ony alhortamts of I* Agroonwnl. 6. INDEMNITY. Youaro Iosponsads for oil los son, damages, oi94ms. Infringement i:Wms, NI(udas and allomoya' fees and coals, mouth hg,wllhout rrall0on, those Incurred Mu namloallOD lvfln mepollfang to aubpconas, third party or otherwise t0lefms'), fncumsd or essodedby any person, In any mannan mlelklg to the Equipment, fndudinglfs use, condfiorl or possessiaL You agree le dafand afxl Msdermdyl€L against all Ga1ms, alalotrgyh Yin roserYO thg t*I tO control the dolime aril io sotept of approve defens0 0cunset Tfds indemaiy continues beyond No loms?nation Gt 0tls Agrerhnenl Foraots w ombs)oas vvhlclm occurred duAng Ne Tenth at Ws Agrarmeril, You also agroo Inlet this Agreement boa been entered Into on the assumption that we ore rime owner of 0te Equipment for U,S, federal Income tax purposes and vdg be swilled to c6doTA U.S, federal Inoorrta trot bemtafl8 available to the owner of the Equipment. You soma to Indemnify tis rot the late of any U.S. federal Income tax bemolis resuliing from the follum or any eisumpaana In this AgmameM to be Com i; or Caused by your eats or orrisslens Inranststenlw0h such assumpkii or this Agreernard. In the event of arty such loss, We may Iricrems this M€r row Payments and outer amounts due io offset any such advarse affect T. y any luno of 6gVpmnit Is lost, sl*n or damaged you with at your opgon and coil, sober: (a) repair the Nem or roplaoa the Rant wlth a comparable Item reasonably, sceeptahie to us; as (b) pay us the turn of; (I) all pool due and outrent MTntmum Pa)lnenla, Excess Per Imago Glergas and other oharges; (8) the present value of oil remaining Minimum Payments end olhorobmges for the affected ttere(a) of Equipment, discounted a1 the rate of 6% per annum (or the lowest talo pomnttted by taw, w"evor is higher); acrd t4U the Farr Market value of the effeotad Hems) of Equipment. We wH than transfer to you all our right, 1106 and interest Mt the eflOted Nems) of EqulpmeAt A048 AND WHERE -18, MTHOUT ANY WARRANTY AS TO CONDITION. TITLE OR VALUE. Insurance proceeds shalt be applied toward repair, rop%comont or paymont harounder, as applicable, In aria Agmardant, `Fair Mahal Vacua" of the Equlptiont moans lis fair mafkat vAm at the and of the Tomo, esWmkrg good ardor and condkltin (oxoapt for ordinarywour and tear from normal use), as astmaled by us. No such Ions or damage shall leaove you from your pgymtanl oSllpamoms Uador itis AoraameN. a, INUUt N011. You agree, at you rxxil to: (a) keep the Equipment Insured against as deks of physical lass or dantago for lis fait repl000merd valun, namng us as fess peyoo; and (b) malolakv public kobfAy Insumno6, covering personal irfury and Equipment damage for not Iola than $3DO,000 per occurrence, naming us as addition! insured. The policy must be issued by sA Inforari o carder acooptablo to us, must provide us Mi h not toss than 10 days' prior written nude of aenoetlallon, non•rurreweler amendment, and must proAde dadgctible amounts primplahie Is as, I(yorr do aelprovide naeaptable Insurance, we have ale right but no obligallon to obtain Insuranoa dowadng ourtntarest (end Otey our Interest) In the Equipment ser tho Agreement Term end any renowsts. Any loan nonce, we obtain will net 16sute you against third party orliabily, claims and may nal be ounooaed at any lhrle. In the event that we afoot to obtain suoh Insurance, youwll h6 fegUkod to pay us art oddlf rel amount esah Bluing Period for gra post or such lasufarice and an adn(ntstroUve fee, the cost of whlah rnsumAoo and edmdnlstrallya fee may be more than the coal to 0WOM yourowm Insurance end omvehich we maymako a pralt. 0, OPEAUE-T. You%10 be In default under u}Fs Agrearrront m (e) you fair to mrltll loug any paymenlwkhln ten (10) days of %Q duo data or breach any other obllgeaon widor ails Agnegmonl; N) a perlbn is fled by or egalnst you or any guarantor under any bankruptcy or Insolvency low; (o) any rapraserildtlon uredo by you Is false or misleading In any malerlal respeat; (d) you beaome Insolvent, are liquidated or d1 saolvod, merge, transfer a material portion of your ownership tnteresl ar assats, stop doing bualnoes, or assign rights or property for the benefit or oradfiors; or (a) you deldultuadof ally other agroament wtN Lis orour ass€gnees, 10. R�MgQjF • Ii you daigou, we may do one or mora of the fofmWng: (a) recover (ria you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the sum of; (t) all past due and current Mlnvnum Paymoritc Excess Par "ago Chargss and oator ohsrgar, (k) the present value Greg nmali tf Mlnrmwn payments other charges, discounted at Na rale 01096 per onnurn (or tha lowest rata permuted by low. vd)fahayar Is blgher); and (it) Iho Fait Market Valva of the Eclopmonll (b) declare any other agreements between us In default; (a) mgdre you to return al of the Equ)pmont In the manner oullned in Ssollon 17, of lake possession of rhe EgSpmeivi, In VAdOh onto vve aha6 bat be held responWfde ter any tosses d(matty or ladaesty arising out of, or by team of the prosomae endfor Lisa of any and and pmpO(my ktfomte0on roskding on or wimin the Equipment, and l6 lease or dell the Equipment or gay portion thereof. and to appy Ito proceeds, loss reasonable seting thrid admtntstretive expenses, to the amounts duo hereunder; (d) charge you M1larost on no amounts duo us from ft duo data until paid al the rate of 1.12% per month, but In no event mole than the IhwM moxkbum rata; and (a) charge you for expomon ktoutred in oonnoollm wdh the anforcoment or our romotHas inoluWng, wilhoul llmiltatIon, fepossesfton, repair and collection costs, attorneys' fees and court costs. These remedies are ourriolothes, ora iA addition to any olher remedies pnovded for by lav, and may be exeloNad oonomrenay or separately. Any failure or dolayby us to axetdss any tight that riot operate es'e waiver of any other I1ght orfuhmarlghL 11. END OF TERM OPTIONS' RETURN .OE EOUaMENL If yDu am net (nde(eua, at Wag 00 days (put notmora then 120 days) pdnrto the end d kiss Tauri or the Renewal Torm)yo u shag give uewAltan riell o olyour tnleriko a1 No said offt Tenn (or Na Roa w ATW*whdoh aleeuan cannot be waited, to rotvm aN, but not loss than 0, of the EgldpmeaL IF YOU DO NOT PROVIDE U8 WITH BUCH WRITTEN NOTICE AND RMURN ALL OF THE EQUIPMENT AT THE END OF THE TERM, THEN THIS AOREF.MENT WILL AUTOMATICALLY RENEW FOR ONE ADDITIONAL TERM OF TWALVE (12) MONTHS, AND THEREAFTER ON A BUOCES$WE MONTH 70• MONTH BASIS (THti ADMEONAL 12 MONTH TERM AND SUCOESSiVE MONTHLY RENEWALS, EACH A 'RENEWAL TERM') and elf er ate provisions 0f gds Agreement shalt conlmm to apply, lrloktrtng, eviarout Initiation, yourobsgeUons to rarrdt Mtnlmum Payments, Excess Per image charges and other charges, until We of the Egmpmont Is folumod to us (Drifter because we demand rattan a1 1118 Equipment or you deci40 to Mt" No Frlrrfp A). It you are In defaut4 or gl ate env[ of the Term (nr the Renews! Term), you shat: (1) retain d of the Equipment, freight and Insurance prepaid at your cast and Ask, to Whatever we Indicate iA Ike continental UnIW Slates, with nal immiJuh slid "a. Ire goad order and ooMIGn (excorR for ordinary wear ono IoM from naimal Ise), pOOkad pot the sldpping oorpenya cpodgoelloms; and (2) securely remove abs data from any and all disk drNos or megnatio media prior to returning the Fquipmonl (end you are solely responsible for solooffng an appropriate removal slandord that. moots your husksass floods nrrd compges wnh appnoablo taws). You WIN pay us (or any Iota in value resulting from the felfure to matrRA the Equipment in satordnnco with Uta Agreement or for damdgw inoumad In ahpping grid hendt M 12, ASSIGNMEHI. You may not assign or dispose of oW rights or 011get'oas under INS Agreameal or sublease the Equtpmmnl without our prior vrdilon aomaenl, We may, YAlbout nor"a you: (a) Sulgn sI orany portion of this Agroorilml Of our Interest to 04 Equipmont; slid (b) release rnfourtalbn %vs have about you and Ws Agreement to the manufacturer, Wppller or any prospaaltvo InVaMor, participant or purchaser of this AomerenL If we. do Mata an asslgnmanl under subsection 12(a) abuva, ourasswee wig have a of ata rights under IhlsAgraamnnl, but nate of out obloetloris. You noise not to aced against aur asstpnee cfekas, offsets or defenses you may have against tm 13. MISCPLLAN EOUa, Notices must be In willing and YM be deemed given ave (b) days after meSFng to yarn (or oar) business address. You represent that (a) you have auhWy to anl6r tela Inds Agraemant and by so doing you win not vfolale any law or agmement and (b) INS Ag oraght Is alormd by your oulhodzed officer or agent, 'flits Agreamend Is the anUm agreement between us, and oartiotbe modinad except by another dooumont atoned by us, This AOraamont la bindhrg on yo ami your successors Slid assigns. AN financial Inlomsation you have provided to Imre and a reasonable tapresenlatran of your financial iwnalon. You authorize us, our agent or ouresslgna0 In. (a) oblate genual reports and make oedk inWhlos; (b) famish your Informatten, Including credit opptloalrori, psymoni ltlttory end sooaenlMtorms0oo, to credit repGrung agatedes and our assignees, potential pueol scats orinvastora and padre s hmlng on onorromio Interest In this Agreement or are EqulpYnanL Not udthn, udthout limhatloa, the saDOr, aupost or any manufaalurar of the Equipment: and (a) you finey000bygront us Ilia: pourer to prepare, sign On your bohcl (Ir dppliamblo), and aro, 010olfamlaaly of allorwise. Uniform Commercial Cade ('UCC') fit no;ng statements and any rraandmords Htorato or continuation thereof rot" to the Fggdpintutt, and contalnkhg any other Ieformailoit requhad by ihn opptlaable UCO. Any Malm you have doolml us must be made, Violin Ma (2) years allor the avant vfidch caused N. If a rAwl Vrtds any provision of this Apmemment to be unank6ceable, all other terms rhe remain In effo0t and DMorceablo. You authoHte us to Mused or cannot rrdssing Wommailou On tea AgraDmonl, L1oWng your proper login name, egdal rurnbdm and any o€har Information doscribing No EgWpmenL If you $a 0041u041. cad We permit the eomfe 1004riation of this kroemont, you agree to pay a fee far such plhreage, THE PARTIES INTEND THiS TO BE A 'FINANCE LEASE' UNDER ARTICLL 2A Olt THE UCC, YOU WANE ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCO. YOU FURTHER HERESY ACKNOWLEDGE AND AGREE THAT WE AND/OR THE SUPPLIER MAY MAKE A PROFIT ON ANY AND ALL FEE$ REFERENOED HEREIN AND, IN SO DOING WAIVE ANY AND ALL CLAIM WHICH YOU MAY HAVE FOR UN)U$T ENRICHMENT, We may MNIVOcompensatWn from the mamwfaoluror andlor Supplier of the t qulpmont in order to onaNa us to raduos Ne coal of this Agreement bebw what we otherwise would charge. t(WO A"01104 stroll Comp01168110o, Cie reduction in the cost of this Agreement Is Ieneoled in the Waltman Payment I4. ELC MS)NIC IRANSMIASION OF DOCUMENTATION. This Aoreamant may be executed In CWkitblpaft&. Ttlo executed counterpart whloh has our odgtnal slUralum pndfor IS in our possession Shelf ooflalauto chattel paper as Not toon 1s doRnod in the UCG and ahall Oanslhulo chs olgInei agfeomeat tot all purposes, IncludN. wiNota Univallon: (g any hearing, Idol or proaeoding Hkh respoot to mit Agreement: and (k) any dolemnkhallon ae to Wileh Yettlon of this Agreomanl constitutes the single true original hem of chattel paper under the UCC. 11 you sign and Imnsmtt Nls Agreement to Us try facelinno of other electronic transmission. the transmigod copy shell be li nddne upon the pgddea. You agree that the fsoslailin or other aleotranlo Ifonsmission at Ihls Armament manually Milr1W by us, when attached to the fa0slrillo or other aloolronlm COPY atoned by you, shgl conslililo the odglnnl agreAmont for All putposga, The parties further agrall NMI, for purposes of Axacunng this Agrbonnl, allot subject t0 our pdoT opproYat and at our soledisurotlon: (a) a document Mooed an¢ lransmilled by faoaiMo of other ala0lmnto hansmdssion shall be Irealed as an original (1aellmerll; (b) The slgnalOto of any party on such document shalt be considered as an Gdglrtal signature; (o) Ina document tmrtarnllted shalt have the some affect as a counterpart thereof onnudnlnp original slgnalums; and (d) at our request, you, vtho executed this Agreement and framt6llled Its sigeinlum by faastmlle or other efeolmnlc imnamission shelf pmvido the counterpart of this Agraamamt naniotning your original manual Munaluto to us. NO party may false as a derense to the anforoamont of Nis Agreement Nat a faaslmHs of other alootronlo Itanathlselon woe used to lfansmil any aignaluro of a party to this Agroamorif. PAB6 2 612 Calf I B72(0) t12(mod) 10113 STATE OF CALIFORNIA PARTICIPATING ADDENDUM NUMBER 7-19-70-46-07 Copiers and Managed Print Services Colorado NA$PO ValuePoint Master Agreement Number 140603 Sharp Electronics Corporation (Contractor) This Participating Addendum Number 7-19-70-46-07 Is entered into between the state of California, Department of General Services (hereafter referred to as "State" or "DGS") and Sharp Electronics Corporation (hereafter referred to as "Contractor") under the lead state of Colorado NASPO ValuePolnt Master Agreement Number 140603. 1. SCOPE A. This Participating Addendum covers the purchase of Copiers and Managed Print Services under the Colorado NASPO ValuePoint Master Agreement. The Colorado NASPO ValuePoint Master Agreement Number 140603 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified In Section 5 (Available Products and Services). B, This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency listing (https:/Iwww.ca.gov/agenolesall/) provides a comprehensive list of state agencies. C. Each local government Is to make Its own determination whether this Participating Addendum and the Colorado NASPO ValuePoint Master Agreement are consistent with Its procurement policies and regulations. 2. TERM A. The term of this Participating Addendum shall begin upon signature approval by the State and will end December 31, 2021, or upon termination by the State, whichever occurs first. B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum, Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor. C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date. Page 1 of 9 Participating Addendum 7-19.70-46-07 3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General. Provisions — Information Technology (GSPD-4011IT) effective 91512014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca,gov/PD/ResourcesIPage-Content/Procurement- Division-Resources-List-Folder/Model-Contract-Language). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website (https:/lwww.dgs.ca.gov/PR/Resources/Page-ContenttProcurement- Division-Resources-List-Folder/Model-Contract-Language). 3) Cloud Computing Special Previsions for Software as a Service (SaaS) effective 03115/18. This document can be viewed on the DGS Procurement Dlvisior website (https://www,dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Model-Contract- Language). 4. ORDER OF PRECEDENCE A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the fallowing descending order of precedence shall apply: 1) California Participating Addendum Number 7-19-7046-07 2) Colorado NASPQ ValuePoint Master Agreement Number 140603, 3) Colorado Solicitation RFP -NP -18-001 Including all Addendums 4) Contractor's response to the Colorado Solicitation 5. AVAILABLE PRODUCTS AND SERVICES A. The following product and service offerings from the Colorado NASPQ ValuePoint Master Agreement Number 140603 are allowed under this Participating Addendum. 1) Group A - A3 Multifunction Devices 2) Group B - A44 Multifunction Devices 3) Group C - Production Equipment 4) Group D - Single-t:unctlon Printers 5) Group F - Scanners 6) Managed Print Services may be provided on Groups A, B, C, D and F. if the ordering agency owns the equipment, Managed Pent Servlces' may be provided on Group E. Page 2 of 9 Participating Addendum 7-19-70.46-67 6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES A. The following products or services are prohibited for purchase by state agencies under this Participating Addendum. These restrictions do not apply to local governmental entities. 1) Leasing and Rental Options 2) Products; a) Remanufactured Equipment b) Imaging equipment that does not meet or exceed Electronic Product Environmental Assessment Tool (EPEAT) Silver c) Imaging equipment that is not Energy Star certified d) Software containing "Clickwrap" Agreements e) Not Specifically Priced (NSP) items not listed or priced in NVP Price Lists 3) Services. a) Mail Room Services b) Network and Data Security c) Records Management B. Product and service categories available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State agencies without an exemption. State agencies are responsible for obtaining an exemption from DGS prior to issuing a purchase order. This restriction is not applicable to local governments. 7. PRICING Contractor is responsible for maintaining a current Price List of available products and services on the NASPO ValuePoint Copiers and Managed Print Services website. 8. CONTRACTOR SUPPLEMENTAL DOCUMENTS Pursuant to the terms and conditions incorporated Into this Participating Addendum, Contractor Supplemental Documents attached to the Colorado NASPO ValuePoint Master Agreement as Attachment A through Attachment D, shall be negotiated to the mutual agreement of the Contractor and ordering agency and attached to the purchase/contract document, 9. AUTHORIZED RESELLERS A. Contractor may use State -approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products offered under this Participating Addendum, Page 3 of 9 participating Addendum 7-19.70.46-07 2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements, 3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name, B. Contractor shall be responsible for successful performance and compliance with all requirements In accordance with the terms and conditions under this Participating Addendum, even If work is performed by Authorized Resellers, All State policies, guidelines, and requirements shall apply to Authorized Resellers, C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements. D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers' contact information In writing at any time during the contract term. E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval, F. State -approved Authorized Resellers will be posted on the State's Cal eProcure website. 10. SUBCONTRACTORS A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of Its responsibilities and obligations hereunder, Contractor agrees to be as felly responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it Is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors Is an Independent obligation from the State's obligation to make payments to the Contractor. B. The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration, CSPD-05-1 a5, provided to ordering agencies at the time an order is quoted. C. As the prime contractor, Contractor Is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and State Participating Addendum. Page 4 of 9 Participating Addendum 7-19-70-46-07 D. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. 11. ORDERING AGENCY RESPONSIBILITIES A. State agency and local government use of this Participating Addendum Is optional. B. State agencies and local governments must follow the ordering procedures outlined within the User instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. 12, STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC) A. State agencies are required to report purchases made within eleven product categories in the California Department of Resources Recycling and Recovery's SABRC per Public Contract Code Sections 12200-12217. B. Contractor will be required to complete and return a R. ecycied-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by the state agency. 13. DELIVERY A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and contractor and Included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Faster Agreement. B. F.O.B. (Free On Board) Destination 14. INVOICING AND PAYMENT A. Payment terms for this Participating Addendum are net forty-five (45) days, Payment will be made in accordance with IT Commodities General Provisions Paragraph 30 (Required Payment Date). B. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government code Section 927 et.seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed Invoices not more than 45 days after (1) the date of acceptance of Deliverables or performance of services; or (ii) receipt of an undisputed invoice, whichever Is later. C. Invoices shall be sent to the address identified In the ordering agency's purchase order. The State Participating Addendum Number and ordering agency Purchase Order Number shall appear on each invoice for all purchases placed under this Participating Addendum. Page 5 of 9 :.. Participating Addendum 7 M16-70-�8-07 D. Contractor will accept the State of California credit card (CAL -Card), for payment of invoices, 16, USAGE REPORTING A. Contractor shall submit usage reports on a quarterly basis to the State Contract January 31 Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report Is due even when -there is -no, activity. B, The DOS Contract Administrator reserves the right to modify Attachment A -and require Contractor to provide additional order information during th.e course of this Agreement. C, The report shall be an Excel spreadsheet transmitted electronically to the [3Ga Coo eratives•mailbox (PDCooperatives a@dgs,ca.gov). D. 'Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submittlhg corrected reports within five business days of the date of written notification from the State, ,j E. Tax must not be included"in the report, even if it Is on the.purchase order.'.-. F. Reports are due for,eaah quarter as follows; G. Failure to meet repcirking requirements and submit the reports on a timely•basls shall constitute gro'nds for suspension of this contract. H. Time extensions mti be approved only If all due reports have -been submitted to the State. 16. ADMINISTRATIVE Fe --A, Contractorshall stet"emit a check, payable to the State of California, remitted to the Cooperative Agrees lent Unit for the calculated amount equal -to 1.25% of the sales for the quarte)y period. B. Contractor must lnc`ude the Participating Addendum Number on the -check. Those checks submitted to the State without the Participating Addendum Number will be retuyned to Contractor for additional Identifying Information. Page 6 of ° P:erici, January 1 toNarch 31 April 30 April 1 to June 30 July 31 July 1, to September 30 October.31 October 1 to; December 31 January 31 G. Failure to meet repcirking requirements and submit the reports on a timely•basls shall constitute gro'nds for suspension of this contract. H. Time extensions mti be approved only If all due reports have -been submitted to the State. 16. ADMINISTRATIVE Fe --A, Contractorshall stet"emit a check, payable to the State of California, remitted to the Cooperative Agrees lent Unit for the calculated amount equal -to 1.25% of the sales for the quarte)y period. B. Contractor must lnc`ude the Participating Addendum Number on the -check. Those checks submitted to the State without the Participating Addendum Number will be retuyned to Contractor for additional Identifying Information. Page 6 of ° P:erici, January 1 toNarch 31 April 30 April 1 to June 30 July 31 July 1, to September 30 October.31 October 1 to; December Participating Addendum 7.19.7040-07 C. Administrative fee checks shall be submitted to: State of California Department of General Services, Procurement Division Attention: Cooperative Agreement Program 707 3'd Street, 211d Floor, MS 2202 West Sacramento, CA 95005 D. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing. E. The administrative fee shall not be Invoiced or charged to the ordering agency, F. Payment of the administrative fee is due Irrespective of payment status on orders or service contracts from a purchasing entity. G. Administrative fee checks are due for each quarter as follows: RepgrirwPeioi: Ijue Date.:, January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 17. CONTRACT MANAGEMENT A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows: .Contactor CQnx aet manager: ' Name: Laurie Williams Phone: (714) 371-8214 Fax: (800) 445-5805 Email WilliamsLau@sharpsec.com Address: Sharp Electronics Corporation 100 Paragon Drive Montvale, NJ 07045 Page 7 of 9 Participating Addendum 7.19.70.4607 B. The State Contract Administrator for this Participating Addendum shah be as follows: ;' ;. to ;: `► E1tr , Name: Yolanda Tutt Phone: (916) 375440$ Email Yolanda.Tutt@dgs.ca.gov Address: State of California Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2202 West Sacramento, CA 96605 C, Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change, 10. TERMINATION OF AGREEMENT The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and Intangible, as may facilitate the orderly, non -disrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 19. AMENDMENT No amendment: or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties. 20. AGREEMENT A. This Participating Addendum and the Master Agreement together with Its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject: matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated Into this Participating Addendum or the Master Agreement and its exhibits and/or Page 8 of 9 Participating Addendum 7.19-70.46-07 amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. B. By signing below Contractor agrees to offer the same products/and orservices as on the Colorado NASPO ValuePoint Master Agreement Number 140603, at prices equal to or lower than the prices on that contract. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA , Department of General Services_ ..Sharp Electronics Corporation Agency Name (�"(Ql I-4411 y Authorized Signature Date Signed m-f6zhe Whi mpw' S"M 01/ Printed Name/Title of Person Signing 707 Third Street West Sacramento CA 95605 Address Contractor Name fR t0� Authorized Signature Date Signed Mike Marusic / President and CEO Printed Name/Tale of Person ,Signing 100 Paragon Drive Montvale NJ 07645 Address Page 9 of 9 . /4 \ <� §� >>e \) » e »& y � > � � \ 63� t }S� « :.gym � $�\ k cil \kJ'4 7k {® }k /m � �»s 1k� E \ \ i Ak . f 23� »J � � � 7 ,$,$�t% \\v \ gi$kA it7 �`.,k .. \ . �'� } 0 2 / 7 )2 E2 .� A��$I $! � i� ' kgs ®®�i�1\f/y ) \ @ 7 2 \$ / \\�\ 71«,ƒ�, ) 2 2 772 �E/&. �•\ƒ\ \ 07 P 2§fA } §k K. 4 ci E\�K/$k7: �� / q 2 t �#�2�§��ff� City of Baldwin Park Guy Adams consultant: (818) 421-2495 111] 11 Summary Sheet 31812022 cesarar Canon IR6555 Com CTR 6,416 Canon IR6555 ENG 6,288 Included Monthl 28'000 Overage CPC NA NA $0.0055 NA NA Tb1<151 12,70.4 NA $523.00 $523.00 1 $523.00 ed Ave B&W Ave soler Cost Per sa(W 1 Average Monthly New 60 Month Total Cost Monthly win Park 7HPE87660z- Volume volurne Color. Average Lease C CTR 28,000 0 $0.0057 $159.60 $389.00 $648.60..• • HP E87660z ENC $0.062 Totafs' 28,000 0 $159.60 $389.00 $548,60 -$25.60 Proposed Ave B&W Ave dolor Cost Per B&W 1. Average Monthly New 60 Month t . Y.: Cit of Baldwin Park Volume tlotume color' overage Lease. 710778-6.0. Canon DX C58601 C CTR 28,000 0 $0.0057 $159.60 $519.00'' • • Canon DX C58601 ENG $0.052 28,000 n $159.60 $519.00 $678.60 14155.60 Totals Proposed Ave BAW Ave color. , ` Cost Per ' aa,w Average Monthly New 6D Month Total Cost.. Monthly. City of Baldwin Park Volume Volume Color. overage Lease. Sharp MX -6071 C CTR 20,000 0 $0.0057 $159.60 $339,00 $498.6Q • • Sharp MX -6071 ENG $0.062 Totals 2a,000 0 $159.60 $339.00 $498.90 $24.40 Offer Includes: CBE to Transfer all Contacts into New Devices All Figures Pre -Tax Quote Expires 3129/2022 .........__. o (,cl OfAIER •DEALER 62AoL��R 62ALBR I, G2 ER OE LE_R f WIDTH DEPTH 49.27 inches 26 inches 0 HEIGHT REQUIRED 33 inches WIDTH 49.27 inches REQUIRED REQUIRED DEPTH HEIGHT 26 inches 53 inches OPTION LIST Name Stand/550 + 2,100 Split Tandem Paper Drawers - MX-DE28N 3K Stacking Finisher- MX-F'N30 City of Baldwin Park Item No. Quantity Name Item No. Quantity 1 Fax Expansion Kit - MX-FX15 1 © 2022 SHARP ELECTRONICS CORPORATION. 1 Customized configuration Device: HP Color LaserJet Managed Flow MFP E87660z (Z8Z17A) Configuration HP LaserJet Dept 2000 Sht Hgh Cpcty Tray YIG21A 1 HP LaserJet Stplr]Stckr Finisher YIG18A 1 HP LaserJet Hole Punch 213 Accessory Y1 G10A 1 HP MFP Analog 700 Fax Accessory 2EH31A 1 HP Color LaserJet Managed Flow MFP E876 z Engine X3A76A 1 HP Color LaserJet Managed Flow MFP E87660z Speed X3A92A 1 HP Black Managed LJ Toner Cartridge W9050MC 1 HP Cyan Managed LJ Toner Cartridge W9051 MC 1 HP Yellow Managed LJ Toner Cartridge W9052MC 1 HP Magenta Managed LJ Toner Cartridge W9053MC Technical Specs Dimensions Width: 1,297 mm (51.06 inches) Depth : 785 rnm (30.91 inches) Height: 1,192,2 rnm (46.94 inches) Unboxed : 189.43 Kg (417.61 Ibs) Boxed :246.74 Kg (543.96 Ibs) Main Unit Details imageRUNNER ADVANCE DX C5860i Product Description Space And Power Requirements • Print/Copy Speed: up to 60 ppm (BW/Color, Letter) Total Dimensions (W x D x H): 45.75" x 28.43" x 46.77" • Scan Speed: up to 270 fpm (300 dpi) (BW/Color, Duplex) -Total Installation Space (W x D x H): 70.08" x 45.75" x • Print up to 12" x 18" 46.77" • Includes two 550 -sheet paper cassettes • Main Unit Power Requirements: 120W11.5A • Standard security feature set, including McAfee Embedded • Main Unit Plug: NEMA 5-15P Control • Includes uniFLOW Online Express for cloud -based accounting and cost control per user/department Product namo Net component size Additional Plug Power Image w D H Supply Snch lnchinch ImagoRUNNER ADVANCE 24.41 28.43 36.89 DX C58601 A Buffer Pass Unit -P1 - - - None High Capacity Cassette Feeding Unit -Ci 24.41 25.38 3.68 None Staple Finisher-AB1 21.14 24.53 43.11 None Total 45.75 28.43 46.77 imageRUNNER ADVANCE DX C5860i Main Unit imageRUNNER ADVANCE DX C5860i • Print/Copy Speed; up to 60 ppm (BW/Color, Letter) • Scan Speed; up to 270 ipm (300 dpi) (BW/Color, Duplex) • Print up to 12" x 18" • Includes two 550 -sheet paper cassettes • Standard security feature set, including McAfee Embedded Control • Includes uniFLOW Online Express for cloud -based accounting and cost control per user/department Product name imageRUNNER ADVANCE DX C5860i Net component size W (inch) 24.41 Net component size D (inch) 28.43 Net component size H (inch) 36.89 Additional Power Supply Hardware Accessories Buffer Pass Unit -P1 Required for attaching Staple Finisher-AB1 or Booklet Finisher-AB1, High Capacity Cassette Feeding Unit -C1 Provides an additional 2,450 sheets of I_TR sized paper capacity up to 1401b, Index (256gsm) within the footprint of the main unit. Staple Finisher AB9 Offers two output trays holding up to 3,250 sheets. Corner and double stapling up to 50 sheets, Staple -free Stapling up to S sheets, and a manual Staple On Demand function up to 50 sheets. ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer By: Lourdes Morales, Chief Deputy City Clerk DATE: April 6, 2022 SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 SUMMARY Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. Staff will continue in-person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-016 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from April 6, 2022 through May 6, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts' teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public's right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act's other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency's control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act's existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third -party website or platform to host the teleconference, and the third -party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill's exemption to the Brown Act teleconferencing rules: The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is "to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options" consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution no. 2022-016 2. AB 361 RESOLUTION NO. 2022-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: • Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call- in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED this 6t" day of April, 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-016 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 6, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: _ y401 8A 1: 4 8AQ:4 ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK AUTHENTICATED C(?t;;J55L BV3Env 'r.LEC'IRONIC: fGAL MATERIAL Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and, to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 —2— resolving 2— resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would. prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. 92 -3— Ch. 165 This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 —4— to 4— to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5— Ch. 165 and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. 92 Ch. 165 —6— (2) 6— (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7— Ch. 165 or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 92 Ch. 165 —8 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. 92 9— Ch. 165 (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.3 8, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 —10 In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11— Ch. 165 (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch. 165 —12— shall 12— shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.3 8, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 92 -13— Ch. 165 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165 —14— the 14— the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 15— Ch. 165 of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 —16— members 16— members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction ofthe authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17— Ch. 165 legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165 —18— powers 18— powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 ofArticle I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. 92 -19— Ch. 165 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 M SUMMARY ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Lourdes Morales, Chief Deputy City Clerk DATE: April 6, 2022 SUBJECT: Second Reading of Ordinance No. 1469 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan" This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1469 amending Chapter 153 of the Municipal Code (Zoning Ordinance) regarding the implementation of the Baldwin Park Downtown Specific Plan. Ordinance No. 1469 was introduced for first reading during a regular meeting of the City Council on March 16, 2022. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1469, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Municipal Code (Zoning Ordinance) as it Pertains to Implementation of the Baldwin Park Downtown Specific Plan". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1469 was introduced for first reading during a regular meeting of the City Council held on March 16, 2022. ALTERNATIVES Not Applicable LEGAL REVIEW This ordinance has been reviewed by the City Attorney. ATTACHMENTS 1. Ordinance No. 1469 ORDINANCE NO. 1469 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING CHAPTER 153 OF THE MUNICIPAL CODE (ZONING ORDINANCE) AS IT PERTAINS TO IMPLEMENTATION OF THE BALDWIN PARK DOWNTOWN SPECIFIC PLAN WHEREAS, directing new growth to the downtown area where public, civic, and transit infrastructure exists and reinvestment is desirable, protects existing stable neighborhoods in Baldwin Park; and WHEREAS, downtown development is the best opportunity to increase property and sales tax revenue and to maintain and enhance the retail and small business core for Baldwin Park; and WHEREAS, specific plan can streamline the development of affordable housing within the downtown area consistent with Baldwin Park's legal obligation to provide its fair share of affordable housing need in the region; and WHEREAS, specific plan can provide a balance between predictable development review process, development outcomes that add to and reinforce the downtown vibrancy and sense of place, while offering flexibility for all types of development; and WHERAS, adopted specific plan and their associated environmental documentation can provide potential developers with a sense of security when pursuing a development project at the same time ensure high quality architecture, landscape architecture, and urban design outcomes for the downtown area; and WHEREAS, the Specific Plan will provide consistency between the Zoning designations and General Plan Land Use designations, as required by State Law, on the various properties within previously approved specific plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the zoning map to reflect the subject changes as shown in Attachment "A" is in the best interest of the community to amend the Official Zoning Map of the City; and SECTION 2. Based on the foregoing findings and determinations, City Council adopts the findings of fact as follows relating to zone map amendments: 1) The zoning map amendments are consistent with the goals, policies, and objectives of the General Plan. The zone change would be consistent with the goals, policies, and objectives of the General Plan. The adoption by ordinance of the specific plans and the associated zone changes for the identified properties implements two General Plan goals: Goal 1.0 of the Land Use Element states that that the City should maintain a balanced mix and distributions of land uses throughout Baldwin Park. Goal 2.0 of the Land Use Element directs the City to accommodate new development that is compatible with and complements existing conforming land uses. The amendments furthermore provide consistency between the zoning map and the General Plan land use map. 2) The amendment would not adversely affect surrounding properties. The Specific Plan includes a form -based code that carefully considers existing development and facilitates context sensitive new development. A variety of new and existing parks and open space are weaved together with walkable streets within a contextual development framework that would complement and enhance adjacent residential, commercial, and mixed-use areas. 3) The amendment promotes public health, safety, and general welfare. Safe streets, crime prevention strategies through environmental design, and various places of gathering would improve the overall safety, physical and mental health, and social and economic welfare of the downtown area and the larger community surrounding the downtown. 4) The amendment serves the goals and purposes of the zoning code. The zone change provides for the orderly and compatible development of new uses that will enhance the character of the community while creating additional affordable housing, commercial, and mixed use development options. Adoption by ordinance of the zone designation changes also provides the City with additional enforceability with regard to specific zoning regulations. SECTION 3. Potential impacts associated with the Specific Plan are consistent with potential impacts characterized and mitigated for in the 2016 approved Specific Plan EIR. No new significant impacts or impacts of substantially greater severity than previously described would occur as a result of the proposed Specific Plan. Pursuant to CEQA Guidelines Section 15164(c), an Addendum is included in the public record for the approved Specific Plan. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED, APPROVED, AND ADOPTED this day of , 2022. Emmanuel Estrada 1 Me' ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 16, 2022. Thereafter, said Ordinance No. 1469 was duly approved and adopted at a regular meeting of the City Council on by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK ATTACHMENT A: Zoning Map ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Lourdes Morales, Chief Deputy City Clerk DATE: April 6, 2022 SUBJECT: Second Reading of Ordinance No. 1470 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1470 amending chapter 73 of the Baldwin Park Municipal Code relating to speed limits on certain streets. Ordinance No. 1470 was introduced for first reading during a regular meeting of the City Council on March 16, 2022. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1470, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 73 of the Baldwin Park Municipal Code Relating to Speed Limits on Certain Streets". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1470 was introduced for first reading during a regular meeting of the City Council held on March 16, 2022. ALTERNATIVES Not Applicable LEGAL REVIEW This ordinance has been reviewed by the City Attorney ATTACHMENTS 1. Ordinance No. 1470 ORDINANCE NO. 1470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING CHAPTER 73 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SPEED LIMITS ON CERTAIN STREETS WHEREAS, the City Council of the City of Baldwin Park desires to maintain the highest level of traffic safety on city streets; and WHEREAS, California Vehicle Code Sections 22357 and 22358 provide that local entities may declare prima facie speed limits of more than 25 miles per hour on City streets on the basis of an engineering and traffic survey; and WHEREAS, the City Council has previously authorized the establishment of Chapter 73 of the Baldwin Park Municipal Code to establish and therefore enable the legal enforcement of speed limits on city streets; and WHEREAS, the City Council, from time to time as set forth by the rules and regulations of the State, re-established or revises the speed limits as may be necessary for the safe movement of vehicles and pedestrians based upon an Engineering and Traffic Survey. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park finds and declares that an Engineering and Traffic Survey and Study has been completed in full compliance with the requirements of the California Vehicle Code. SECTION 2. The Baldwin Park Municipal Code, Chapter 73, is hereby amended by replacing Schedule 11- Speed Limits - in its entirety, with the Schedule shown in Exhibit "A" based upon the findings and recommendations of the Engineering and Traffic Survey conducted by the City. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall have it published in accordance with the provisions of state law. SECTION 4. This ordinance shall take effect and be in full force thirty (30) days from and after its final adoption. APPROVED, PASSED, AND ADOPTED this day of , 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1470 was introduced at a regular meeting of the City Council held March 16, 2022 and was adopted by the City Council at its regular meeting held on 2022 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: MARLEN GARCIA, CITY CLERK Exhibit "A" SCHEDULE II No. Limits From To Speed Badillo St. 1 Ramona Blvd. East City Limit 40 Baldwin Park Blvd. 2 Live Oak Ave. Olive St. 40 3 Olive St. Los Angeles St. 40 4 Los Angeles St. Ramona Blvd. 40 5 Ramona Blv. Merced Ave. 40 6 Merced Ave. Francisquito Ave. 40 7 Francisquito Ave. 1-10 40 8 1-10 South City Limit 40 Bess 9 1-10 Baldwin Park Blvd. 30 10 Syracuse Ave. Frazier St. 25 Big Dalton 11 Pacific Ave. 1-10 25 Center St. 12 Olive St. Los Angeles St. 30 13 Los Angeles St. Ramona Pkwy 30 Commerce Dr. 14 River rade Rd. Live Oak Ave. 40 Francisquito Ave. 15 Ramona Blvd. Frazier St. 35 16 Frazier St. Baldwin Park Blvd. 35 17 Baldwin Park Blvd. South City Limit 35 Frazier 18 Bess Ave. Francisquito Ave. 35 Harlan Ave. 19 Los Angeles St. Ramona Blvd. 25 Live Oak Ave. 20 River rade Rd. Baldwin Park Blvd. 45 Los Angeles St. 21 West City Limit Center St. 40 22 Center St. Maine Ave. 40 23 Maine Ave. East City Limit 40 Maine Ave 24 Arrow Hwy Olive St. 35 25 Olive St. Los Angeles St. 35 26 Los Angeles St. Ramona Blvd. 35 27 Pacific Ave. Merced Ave. 35 28 Merced Ave. Francis uito Ave. 35 Merced Ave. 29 Olive St. Los Angeles St. 35 30 Los Angeles St. Ramona Blvd. 35 31 Ramona Blvd. Baldwin Park Blvd. 35 32 Baldwin Park Blvd. Vineland Ave. 35 Merced Ave. 33 Vineland Ave. Puente Ave. 35 Olive St. 34 West City Limit Baldwin Park Blvd. 30 35 Baldwin Park Blvd. East City Limit 30 Pacific Ave. 36 Ramona Blvd. Big Dalton Ave. 35 37 Big Dalton Ave. South City Limit 35 Puente Ave. 38 South City Limit Merced Ave. 40 39 Merced Ave. Root St. 40 40 Root St. Ramona Blvd. 30 Ramona Blvd. 41 1-605 Francis uito Ave. 40 42 Francisquito Ave. Merced Ave. 40 43 Merced Ave. Baldwin Park Blvd. 40 44 Baldwin Park Blvd. Badillo St. 35 45 Badillo St. East City Limit 35 River rade Rd. 46 Brooks Dr. Live Oak Ave. 45 Root St. 47 Puente St. East City Limit 40 Stewart Ave. 48 Live Oak Ave. Olive St. 30 49 Olive St. Los Angeles St. 30 50 Los Angeles St. Ramona Blvd. 30 Syracuse Ave. 51 Bess Ave. Ramona Blvd. 30 Vineland Ave. 52 South City Limit Merced Ave. 30 53 Merced Ave. Pacific Ave. 30 54 Pacific Ave. Badillo St. 30 AGENDA BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 April 6, 2022 mul 111UN Audio Streaming will be available at: httpsy. ww.voutube.comZchqnneVUCFLZQ dQFRiV59rhiQZ13EqZfeqtured?view qs=subscriber Zw http.&baldwinpark.granicus.com/ViewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at. htWs.-Ilwww.voutube.com/channe//UC3bPFB]HcoP]ks]X qetmGcA Emmanuel J. Estrada Daniel Damian Alejandra Avila Monica Garcia Paul C. Hernandez PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. - Chair - Vice Chair Board Member - Board Member - Board Member COMENTARIOS DEL PUBLICO Se invita al p6blico a didgirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. De acuerdo con e/ capitulo 39 del C6digo Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunion. HOUSING AUTHORITY VIRTUAL REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances rcumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on April 6, 2022 to commentsL&b�aldwin �arkxom You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. PUBLIC HEARING 1. Baldwin Park Housing Authority's Public Housing Agency FY 2022-2023 Annual Plan Staff recommends the Baldwin Park Housing Authority Board: 1. Open the public hearing, hear public testimony; and 2. Adopt a Public Housing Agency (PHA) FY 2022-2023 PHA Annual Plan which includes the Violence Against Women Act (VAWA) Policies (Attachment 1 "); and 3. Approve Resolution No. HA -2022-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). ADJOURNMENT CERTIFICATION I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of March, 2022. Ah*.' AZ Marlen Garcia, City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il) SUMMARY ITEM NO. 1 TO: Honorable Chair and Members of the Baldwin Park Housing Authority FROM: Ron Garcia, Acting Community Development Director PREPARED BY: Carol Averell, Housing Manager DATE: April 6, 2022 PUBLIC HEARING: Baldwin Park Housing Authority's Public Housing Agency FY 2022-2023 Annual Plan This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2022-2023 Annual Plan. FISCAL IMPACT The impact to the general funds is unknown at this time. However, once the actual amounts are determined it will be reflected in the FY 2022-2023 City budget presented to the City Council; for approval. RECOMMENDATION Staff recommends the Baldwin Park Housing Authority Board: 1. Open the public hearing, hear public testimony; and 2. Adopt a Public Housing Agency (PHA) FY 2022-2023 PHA Annual Plan which includes the Violence Against Women Act (VAWA) Policies (Attachment 1 "); and 3. Approve Resolution No. HA -2022-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). BACKGROUND Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the PHA Five Year and Annual requirements. The Five -Year Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual Plan outlines its approach to managing programs and providing services for the upcoming year, including the PHA and Section 8 Housing Choice Voucher Programs. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, known as the Capital Fund Program. In orderto receive operating funds from HUD for Public Housing and Section 8 Housing Choice Voucher Programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five - Year Plan. The FY 2022-2023 Plan is due HUD by April 17, 2022. Resident Advisory Board: To ensure public input, a Resident Advisory Board (RAB) meeting was held on March 15, 2022. A draft plan was provided to RAB members for review and comments. No comments were received. Public Notices and 45 -day comment period: As required, a public notice was published in the San Gabriel Tribune informing the public that the FY 2022-2023 Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed Capital Improvements and other required supporting documents were available for public review. No comments have been received from the public regarding the PHA Plan. ENVIRONMENTAL IMPACT Although the approval of the PHA Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD funded projects do require an Environmental Review under NEPA, which will be completed in accordance with HUD requirements. LEGAL REVIEW Legal review is not required for the approval of plans contemplated in this staff report by the BPHA. ATTACHMENT 1. FY 2022-2023 PHA Annual Plan 2. Resolution No. HA -2022- 001 \� : .� y . /�.\\\}�� ©..■< � w y. � .f . � - :§ � � �.r: ) \�/� ^� c\. .e � Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 Office of Public and Indian Housing Expires: 03/31/2024 PHA Plan DRAFT 2/14/2022 (Small PHAs) Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD -50075 -SM is to be completed annually by Small PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, HCV -Only PHA, or Qualified PHA do not need to submit this form. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Fight Management Assessment Program (SEMAP) assessments. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled. A.1 PHA Name: Baldwin Park Dousing Authority_ PHA Code: CA 120 PHA Type: M Small PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/22 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 12 Number of Housing Choice Vouchers (HCVs) 899 Total Combined 911 PHA Plan Submission Type: M Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. A 45 -flay Public Comment Period for the draft 2022 PDA Annual Plan will commence on February 16, 2022 and conclude on April 1, 2022. A Resident Advisory Board (RAB) virtual/ telephone meeting will be held on March 15, 2022, to receive public input for the draft 2022-2023 Annual Plan. The final draft will be presented to the BPDA Board of Commissioners for approval at the April 6, 2022, Board of Commissioners meeting. PHA Consortia: (Check box if submittine a Joint PHA Plan and complete table Participating PHAS PHA Code Program(s) in the Consortia Program(s) not in the No. of Units in Each Program Consortia PH I HCV Lead PHA: Pagel of9 form HUD -50075 -SM (03/31/2024) B.1 ( Revision of Existing PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Five -Year PHA Plan submission? Y N ❑ ® Statement of Housing Needs and Strategy for Addressing Housing Needs. ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Homeownership Programs. ❑ ❑ Substantial Deviation. ❑ ® Significant Amendment/Modification (b) If the PHA answered yes for any element, describe the revisions for each element(s) (c) The PHA must submit its Deconcentration Policy for Field Office Review. B.2 I New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ ® Hope VI or Choice Neighborhoods. ❑ ® Mixed Finance Modernization or Development. ❑ ® Demolition and/or Disposition. ❑ ® Conversion of Public Housing to Tenant Based Assistance. ❑ ® Conversion of Public Housing to Project -Based Rental Assistance or Project -Based Vouchers under RAD. ❑ ® Project Based Vouchers. ❑ ® Units with Approved Vacancies for Modernization. ❑ ® Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project -Based Vouchers (PBVs), provide the projected number of project -based units and general locations, and describe how project basing would be consistent with the PHA Plan. B.3 ( Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5 -Year Plan. Baldwin Park Housing Authority (BPHA) on February 19, 2021, submitted a plan for the PBV Program. The BPHA proposed to convert 211 of the ACC units to the PBV program, RFP for PBVs was released and 211 PBVs were allocated to 4 projects, however one project fell through. The BPHA will release another RFP to allocate the remaining PBV vouchers. BPHA has been reviewing the expenditures and has implemented changes as necessary to the budget and expenses. BPHA has utilized the resources and worked together with other cities to provide more services to its clients. Page 2 of 9 form HUD -50075 -SM (03/31/2024) BPHA provides families with census tracts at the time of admission to encourage them to move in different areas. New families have moved to some of the outside poverty areas due to BPHA outreaching to those owners. BPHA reviews SEMAP scores each year and implements new procedures accordingly. BPHA conducts staff meetings and trainings to inform staff of new regulations or procedures to reduce any errors. - BPHA is currently working with developments that received a PBV allocation on environmental reviews and lease up. - BPHA continues in improving the public housing through management and in process to convert to PBV vouchers. BPHA has continued the services with the Fair Housing Agency. BPHA ensures access regardless of race, color, religion, national origin, sex, familial status, and disability. This information is provided to all families. B.4 Capital Improvements. Include a reference here to the most recent HUD -approved 5 -Year Action Plan in EPIC and the date that it was approved. B.5 I Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? ■ // (b) If yes, please describe: B1 I New Activities (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ ® Hope VI or Choice Neighborhoods. ❑ ® Mixed Finance Modernization or Development. ❑ ® Demolition and/or Disposition. ❑ ® Conversion of Public Housing to Tenant -Based Assistance. ❑ ® Conversion of Public Housing to Project -Based Assistance under RAD. ❑ ® Project Based Vouchers. ❑ ® Units with Approved Vacancies for Modernization. ❑ ® Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. (c) If using Project -Based Vouchers, provide the projected number of project -based units, general locations, and describe how project -basing would be consistent with the PHA Plan. (d) The PHA must submit its Deconcentration Policy for Field Office Review. B.2 Capital Improvements. Include a reference here to the most recent HUD -approved 5 -Year Action Plan in EPIC and the date that it was approved. 5 -Year Action Plan was approved in EPIC on March 3, 2022. Page 3 of 9 form HUD -50075 -SM (03/31/2024) Page 4 of 9 form HUD -50075 -SM (03/31/2024) C.1 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) have comments to the PHA Plan? Y N El E (b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. (c) RAB committee consisted of 5 members. Two attended video conference on March 15, 2022. There were no comments. C.2 Certification by State or Local Officials. Form HUD 50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Form HUD -50077 -CRT -SM, PHA Certifications qt Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. (a) Did the public challenge any elements of the Plan? Y N ❑ ❑ Ifyes, include Challenged Elements. Page 4 of 9 form HUD -50075 -SM (03/31/2024) D1 I Affirmatively Furthering Fair Housing. Provide a statement of the PHA's strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item Page 5 of9 form HUD -50075 -SM (03/31/2024) Instructions for Preparation of Form HUD -50075 -SM Annual Plan for Small PHAs A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR90�4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. PHAs must complete this section during years where the 5 -Year Plan is also due. (24 CFR §903.12) B.1 Revision of Existing PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant -based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)). The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR '903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA's reasons for choosing its strategy. (24 CFR §903.7(a)(2XW) ❑ Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deeoncentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR §903.7(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR �903.7(b) Describe the unit assignment policies for public housing. 24 CFR §903.70 ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program and state the planned use for the resources. (24 CFR §903.7(c) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d) Page 6 of 9 form HUD -50075 -SM (03/31/2024) Fair Housing Goal: for HCV 's until such time as the PHA is required to submit n AFH. Describe fair housing- stratezies and actions to achieve the jzoal Instructions for Preparation of Form HUD -50075 -SM Annual Plan for Small PHAs A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR90�4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. PHAs must complete this section during years where the 5 -Year Plan is also due. (24 CFR §903.12) B.1 Revision of Existing PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant -based assistance waiting lists based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR §5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)). The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR '903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA's reasons for choosing its strategy. (24 CFR §903.7(a)(2XW) ❑ Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deeoncentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR §903.7(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR �903.7(b) Describe the unit assignment policies for public housing. 24 CFR §903.70 ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program and state the planned use for the resources. (24 CFR §903.7(c) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d) Page 6 of 9 form HUD -50075 -SM (03/31/2024) ❑ Homeownership Programs. A description of any homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR §903.7(k) and 24 CFR §903.12(b). ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5 -Year Plan. (24 CFR §903.7(r)(2)(i) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5 -Year and Annual Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the `Sample PHA Plan Amendment' found in Notice PIH -2012-32 REV -3, successor RAD Implementation Notices, or other RAD Notices. If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR &903.23(b)) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." ❑ HOPE VI or Choice Neighborhoods. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD's website at: https://www.hud.gov/program_offices/public_indian_housinc/pro rg ams/phlhope6 . (Notice PIH 2011-47) ❑ Mixed Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website at: https://www.hud.govlprogram offices/public Indian housing/pro rg ams/ph/hope6Jmfph#4 ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including name, project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/pih/centers/sac/demo dispo/index.cfm. (24 CFR 9(h)) ❑ Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: htip://www.hud.gov/offices/pih/centers/sac/conversion.cfns. (24 CFR §903.7(j)) ❑ Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project -Based Rental Assistance or Project -Based Vouchers under RAD. See additional guidance on HUD's website at: Notice PIH 2012-32 REV -3. successor RAD Implementation Notices, and other RAD notices. ❑ Project -Based Vouchers. Describe any plans to use HCVs for new project -based vouchers. (24 CFR §983.57(b)(1)) If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan (24 CFR §903.7(b)). ❑ Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR 6990.145(a)(1). ❑ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants) B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5 -Year PHA Plan. (24 CFR §903.7(r)(1)) B.4 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR90§ 3.7 (g)). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved. PHAs can reference the form by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: "See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX." B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR §903.7(p)) Annual Plan Elements Submitted All Other Years (Years 1-4). PHAs must complete this section during years where the 5 -Year Plan is also due. (24 CFR §903.12) B.1 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." ❑ Hope VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Page 7 of form HUD -50075 -SM (03/31/2024) Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD's website at: https://www.hud.gov/program offices/public Indian housing/programs/phlhope6 . (Notice PIII 2010-30) ❑ Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/pih/programs/ph/hopc6/index.cftn. (Notice PIH 2010-30) ❑ Demolition and/or Disposition. With respect to public housing only, describe any public housing development(s), or portion of a public housing development projects, owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition approval under section 18 of the 1937 Act (42 U.S.C. 1437p); and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA's last Annual and/or 5 -Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. Approval of the PHA Plan does not constitute approval of these activities. See guidance on HUD's website at: http://www.liud.gov/offices/pih/centers/sac/demo dispo/index.cfm. (24 CPR §903.7(h)) ❑ Conversion of Public Housing under the Voluntary or Mandatory Conversion programs. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7fj)) ❑ Conversion of Public Housing under the Rental Assistance Demonstration (RAD) program. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to Project -Based Rental Assistance or Project -Based Vouchers under RAD. See additional guidance on HUD's website at: Notice PIH 2012-32 REV -3, successor RAD Implementation Notices, and other RAD notices. ❑ Project -Based Vouchers. Describe any plans to use HCVs for new project -based vouchers. (24 CFR §98�)) If using project -based vouchers, provide the projected number of project -based units and general locations and describe how project -basing would be consistent with the PHA Plan. ❑ Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a 1). ❑ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B.2 Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR §903.7 ( ). To comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan in EPIC and the date that it was approved. PHAs can reference the fonn by including the following language in the Capital Improvement section of the appropriate Annual or Streamlined PHA Plan Template: "See Capital Fund 5 Year Action Plan in EPIC approved by HUD on XX/XX/XXXX." C. Other Document and/or Certification Requirements. C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD -50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PFIA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD -50077 CRT -SM, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD -50077 CRT -SM, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of § § 903.7(0)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (0)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(0)). CA Challenged Elements. If any element of the Annual PHA Plan or 5 -Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5 -Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA's response to the public. Page 8 of9 form HUD -50075 -SM (03/31/2024) D. Affirmatively Furthering Fair Housing (AFFH). D1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: "To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' ... PHA Plans (including any plans incorporated therein) .... Strategies and actions must affirmatively further fair housing ...." Use the chart provided to specify each fair housing goal from the PHA's AFH for which the PHA is the responsible program participant — whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction — and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless , the PHA will address its obligation to affinnatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Fonn HUD -50077 -CR as a standalone document. This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added anew section SA to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year and Annual PHA Plan. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PDA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low-income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 7.02 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 or seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. Page 9 of 9 form HUD -50075 -SM (03/31/2024) EXHIBIT °°A" I 'Al" lII lilliq - -T-ti • 1 1 1 llll • • , �*FM:4 I i LMTTJ OM ru di I t t; I • , M.""*I•• Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part I: Summar PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Grant No: CA16P12050117 Replacement Housing Factor Grant No: Date of CFFP: FFY of Grant: 2022 FFY of Grant Approval: 2022 Type of Grant M Original Annual Statement ❑ Reserve for Disasters/Emergencies ❑ Revised Annual Statement (revision no: ) ❑ Performance and Evaluation Report for Period Ending: ❑ Final Performance and Evaluation Report Line Summary by Development Account Total Estimated Cost Total Actual Cost' Original Revised' Obligated Expended I Total non -CFP Funds 0 2 1406 Operations (may not exceed 20% of line 21)' 23,940.00 3 1408 Management Improvements 0 4 1410 Administration (may not exceed 10% of line 21) 0 5 1411 Audit 0 6 1415 Liquidated Damages 0 7 1430 Fees and Costs 0 8 1440 Site Acquisition 0 9 1450 Site Improvement 0 10 1460 Dwelling Structures 0 11 1465.1 Dwelling Equipment—Nonexpendable 0 12 1470 Non -dwelling Structures 0 13 1475 Non -dwelling Equipment 0 14 1485 Demolition 0 15 1492 Moving to Work Demonstration 0 16 1495.1 Relocation Costs 0 17 1499 Development Activities ^ 0 To be completed for the Performance and Evaluation Report_ To be completed for the Performance and Evaluation Report or a Revised Annual Statement. s PHAs with under 250 units in management may use 100% of CFP Grants for operations. 4 RHF funds shall be included here. Page 1 form HUD -50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part 1: Summar PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Grant No: CA16P12050117 Replacement Housing Factor Grant No: Date of CF FP: FFY of Grant: 2022 FFY of Grant Approval: 2022 Type of Grant ® Original Annual Statement ❑ Reserve for Disasters/Emergencies ❑ Performance and Evaluation Report for Period Ending: ❑ Revised Annual Statement (revision no: ) ❑ Final Performance and Evaluation Report Line Summary by Development Account Total Estimated Cost Total Actual Cost' Original Revised Obligated Expended 18a 1501 Collateralization or Debt Service paid by the PHA 0 18ba 9000 Collateralization or Debt Service paid Via System of Direct Payment 0 19 1502 Contingency (may not exceed 8% of line 20) 0 20 Amount of Annual Grant:: (sum of lines 2 - 19) 23,940.00 21 Amount of line 20 Related to LBP Activities 0 22 Amount of line 20 Related to Section 504 Activities 0 23 Amount of line 20 Related to Security - Soft Costs 0 24 Amount of line 20 Related to Security - Hard Costs 0 25 Amount of line 20 Related to Energy Conservation Measures 0 Signature of Executive Director: Shannon Yauchzee Date Signature of Public Housing Director Date To be completed for the Performance and Evaluation Report_ To be completed for the Performance and Evaluation Report or a Revised Annual Statement. s PHAs with under 250 units in management may use 100% of CFP Grants for operations. 4 RHF funds shall be included here. Page2 form HUD -50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part II: Supporting Pages PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Grant No: CA] 6P12050117 CFFP (Yes/ No): Replacement Housing Factor Grant No: Federal FFY of Grant: 2022 Development Number Name/PHA-Wide Activities General Description of Major Categories Work Development Account No. Quantity Total Estimated Cost Total Actual Cost Status of Work Original RevisedFunds Funds Obli Expended 2 CAP120-000001 McNeil Manor Operations 1406 N/A 23,940.00 CA120-00000118D McNeil Manor Operating Subsidy 1000 N/A 27,746.00 ' To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report. Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Page3 form HUD -50075.1 (07/2014) Part 11: Supporting Pages PHA Name: Baldwin Park Housing Authority Grant Type and Number Capital Fund Program Grant No: CA] 6P] 2050117 CFFP (Yes/ No): Replacement Housing Factor Grant No: Federal FFY of Grant: 2022 Development Number General Description of Major Name/PHA-Wide Categories Activities Work Development Quantity Total Estimated Cost Total Actual Cost Status of Work Account No. Original Revised z Funds Funds Obli ated2 Expended 2 ' To be completed for the Performance and Evaluation Report or a Revised Annual Statement. 2 To be completed for the Performance and Evaluation Report. Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Page4 form HUD -50075.1 (07/2014) Part III: Implementation Schedule for Capital Fund Financing Program PHA Name: Baldwin Park Housing Authority Federal FFY of Grant: 2022 Development Number Name/PHA-Wide Activities All Fund Obligated All Funds Expended (Quarter Ending Date) (Quarter Ending Date) Reasons for Revised Target Dates Original Actual Obligation Original Expenditure Actual Expenditure End Obligation End End Date End Date Date Date CAP120-000001 McNeil Manor 04/15/2022 04/15/2023 i Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended. Pages form HUD -50075.1 (07/2014) Annual Statement/Performance and Evaluation Report Capital Fund Program, Capital Fund Program Replacement Housing Factor and Capital Fund Financing Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 06/30/2017 Part III: Implementation Schedule for Capital Fund Financing Program PHA Name: Baldwin Park Housing Authority Federal FFY of Grant: 2022 Development Number Name/PHA-Wide Activities All Fund Obligated (Quarter Ending Date) All Funds Expended (Quarter Ending Date) Reasons for Revised Target Dates ' Original Actual Obligation Obligation End End Date Date Original Expenditure End Date Actual Expenditure End Date 'Obligation and expenditure end dated can only be revised with HUD approval pursuant to Section 9j of the U.S. Housing Act of 1937, as amended. Page6 form HUD -50075.1 (07/2014) EXHIBIT °LB" Consistency with the Consolidated Plan Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHA s) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 2/29/2016 FY 2022-2023 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, _Enrique C. Zaldivar Official's Name the Executive Director Official's Title certify that the 5 -Year PHA Plan and/or Annual PHA Plan of the Baldwin Park Housing Authority PHA Name - is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (Al) to Fair Housing Choice of the City of Baldwin Park Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al. The City of Baldwin Park is dedicated to providing affordable housing and community development opportunities for low- and moderate -income persons and is committed to providing such services in accordance with Fair Housing Laws. 1 hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Enrique C. Zaldivar Executive Director Signature Date Page 1 of 1 form HUD -50077 -SL (12/2014) EXHIBIT "C" Violence Against Women And Ffr,Mup M- :4 or, rl 17:4 11; -P k 4 i leI, . 11 Fi=M =#,, rT v L:4 i i VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 (VAWA 2005) STATEMENT OF ACKNOWLEDGEMENT The B aldwin P ark H ousing Authority h ereby ac knowledges i is responsibilities and requirements u nder V AWA 2 005 a nd will e nsure pr oper e nforcement of V AWA an d comply w ith al I r equirements t hat ar e i ncorporated i nto t he H ousing C hoice V oucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program par ticipants i nforming them of t heir r ights and r esponsibilities as w ell a s resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. A gencies providing as sistance i nclude b ut ar e n of I imited t o Project S ister, P olice D epartment Domestic V iolence A dvocate, Santa A nits F amily S ervice C enter, A dult P rotective Services and several local churches. Information is provided to tenants at all briefings and t o pr operty owners and a gain t o t enants at t ime of new c ontracts. C ounseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT (VAWA 2013) The Baldwin Park Housing Authority is preparing its Emergency Transfer Plan and all relevant notices to implement and comply with VAWA 2013. The Transfer Plan will be approved by the Housing Board by the May 15, 2017 compliance date. RESOLUTION NO. 2022-001 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2022-2023 WHEREAS, the City of Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2020-2024 Five Year Plan and the FY 2022-2023 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long-range goals and objectives for achieving its mission, the agency's approach to managing programs, and providing services for the upcoming five years; and WHEREAS, the FY 2022-2023 Annual PHA Plan, serves as the annual application for the Capital Fund Program Grant and Operating Fund to support its public housing; and WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant Based Assistance (vouchers) programs submit updated Annual PHA Plans on an annual basis. NOW THEREFORE BE IT HEREBY RESOLVED, the City of Baldwin Park Housing Authority does resolve as follows: Section 1. That the 2022-2023 Annual PHA Plan has been established in accordance with the Quality Housing and Work Responsibility Act and is current with HUD regulations. Section 2. That the Chairman and Secretary shall certify to the adoption of this Resolution. PASSED, APROVED AND ADOPTED this 6th day of April 2022. EMMANUEL J. ESTRADA CHAIRMAN ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, Secretary of the City of Baldwin Park Housing Authority do hereby certify that the foregoing Resolution No. 2022-001 was duly adopted by the Baldwin Park Housing Authority Board at a regular meeting thereof held on April 6, 2022 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: MARLEN GARCIA SECRETARY