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HomeMy WebLinkAboutAgenda Packet - May 4, 2015 - CC , 0r zus DECLARATION OF POSTING CITY COUNCIL, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND PUBLIC FINANCING AUTHORITY AGENDA • yll/a G% 4' declare_ declare that: I am an employee of the City of Azusa. On 4-301 J 6b 21)1C- ._DIC^ I posted copies of the Agenda, as stated above for J the meeting of 3—A05--- , in the City Clerk's Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and the and the City's Web Page www.ci.azusa.ca.us. A true, correct and complete copy of the agenda which I posted is attached hereto. I completed posting of the agendas as described in Paragraph two, at 3• on the date of posting. Access to the agenda posted in the lobby of the Police Department and the Azusa City Library reference desk is available to members of the public during their normal business hours. The foregoing is within my personal knowledge and if called as a witness in a court of law, I could testify competently thereto. I declare under penalty of perjury that the forgoing is true and correct. EXECUTED 4/340//-S , at Azusa, California. • I� TAFF EMBER CITY CLERK'S OFFICE CITY OF AZUSA APPROVED COUNCIL MEETING Date, 4 . - - rr/rr', �r�%/r r r•'rr r r/r r�/ r AZIUSA SCHEDULED ITEM D-1 TO: HONORABLE MAYOR,MEMBERS OF THE CITY COUNCIL FROM: TROY L. BUTZLAFF,ICMA-CM,CITY MANAGER DATE: MAY 4,2015 SUBJECT: QUARTERLY LEGISLATIVE REVIEW SUMMARY Every year members of the California State Assembly and Senate introduce hundreds of bills. In addition, other government agencies or elected boards introduce policy issues of regional significance that may impact the City. On occasion, the City is requested to comment upon or indicate a position on a particular bill or policy issue. This action requests that the City Council review and provide guidance on various bills and policy issues that the City has been asked to take a position on. RECOMMENDATION It is recommended that the City Council take the following actions: 1) Review and provide guidance on the proposed legislation; and 2) Authorize the Mayor to sign a letter of support for the Los Angeles Air Force Base and Space and Missile Systems Center and direct Staff to forward the letter to Secretary of Defense Ashton Carter and Secretary of the Air Force Deborah Lee James. BACKGROUND Over the past few months, our State Representatives, intergovernmental agencies, and community partners have highlighted proposed legislation that may be of interest to the City based on its location, economy, programs, policies, or other experiences. While the City may have supported or opposed similar or related legislation in the past, staff recommends that the Council consider these bills and take formal action. Detailed information about each bill can be found in Attachment A. After the City Council has reviewed each bill, Staff will communicate the Council's support, opposition, and/or direction on these bills to the City's legislative advocate who will assist with Quarterly Legislative Review 2 ' Page preparing letters to bill authors, co-sponsors, and members of related committees, as well as communicate the City's position in other ways. Staff will continue to monitor these and other bills as they evolve during the legislative session and may return to the City Council with additional or revised recommendations. AB 45 (Mullin D)Household Hazardous Waste. Current Text: Amended: 4/23/2015 Introduced: 12/1/2014 Status: 4/23/2015-From committee chair,with author's amendments: Amend, and re-refer to Corn. on E.S. &T.M. Read second time and amended. Location: Assembly Environmental Safety and Toxic Materials Summary: Would require each jurisdiction that provides for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area, on or before July 1,2020,by 15%over a baseline amount,to be determined in accordance with Department of Resources Recycling and Recovery regulations. The bill would authorize the department to adopt a model ordinance for a comprehensive program for the collection of household hazardous waste to facilitate compliance with those provisions,and would require each jurisdiction to annually report to the department on progress achieved in complying with those provisions. Requested by: County Sanitation Districts of Los Angeles County League Position: Watch Recommended Position: Watch AB 254 (Hernández,Roger D)Election Dates. Current Text: Amended: 4/7/2015 Introduced: 2/9/2015 Status: 4/15/2015 -In committee: Set, first hearing. Referred to suspense file. Location: Assembly Appropriations Summary: Would, commencing January 1, 2020, eliminate the established election dates in March and April. The bill would, commencing January 1, 2020, except for certain special elections, eliminate the exceptions for elections held in a chartered city or chartered county and school district elections consolidated with chartered city elections, thereby requiring these elections to be held on an established election date. The bill would declare that increasing voter turnout at local elections and promoting the fundamental right to vote are matters of statewide concern. Requested by: Staff League Position: Oppose,Unless Amended Recommended Position: Oppose AB 1455 (Rodriguez D) Ontario International Airport. Current Text: Introduced: 2/27/2015 Introduced: 2/27/2015 Status: 4/6/2015-Referred to Com. on L. GOV. Location: Assembly Local Government Summary: The California Airport District Act provides for creation of airport districts having responsibility for the development of airports, spaceports, and air navigation facilities within or including the territories of one or more counties or cities. This bill would authorize the City of 2 Quarterly Legislative Review 3IPage Ontario to issue revenue bonds, for the purpose of financing the acquisition of the Ontario International Airport from the City of Los Angeles, that are secured solely by the revenues and charges at the Ontario International Airport. Requested by: City of Ontario League Position: Watch Recommended Position: Support SB 415 (Hueso D)Voter Participation. Current Text: Amended: 4/15/2015 Introduced: 2/25/2015 Status: 4/21/2015-Do pass as amended. Location: Senate Elections and Constitutional Amendments Summary: Would, commencing January 1, 2018, prohibit a political subdivision, as defined, from holding an election other than on a statewide election date if holding an election on a non- concurrent date has previously resulted in voter turnout for a regularly-scheduled election in that political subdivision being at least five percent less than the average voter turnout within the political subdivision for the previous four statewide general elections. This bill contains other related provisions. Requested by: Staff League Position: Watch Recommended Position: Watch SB 485 (Hernandez D) County of Los Angeles: sanitation districts. Current Text: Introduced: 2/26/2015 Introduced: 2/26/2015 Status: 4/16/2015-Re-referred to Corn. on GOV. &F. Location: Senate Governance and Finance Summary: The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal. This bill would authorize specified sanitation districts in the County of Los Angeles, to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of storm water and dry weather runoff, the discharge of the water to the storm water drainage system, and the beneficial use of the water. This bill contains other related provisions. Requested by: Bill Author and League of California Cities League Position: Watch Recommended Position: Watch The City is also in receipt of a letter from the Los Angeles County Board of Supervisors requesting support of the Los Angeles Air Force Base (LAAFB) and the Space and Missile Systems Center (SMC). Both facilities, which are critical to our regional economy and the Nation's defense, face possible closure or reduced funding under President Obama's proposed budget. A copy of the Board of Supervisors' request and a letter of support signed by 26 Mayors representing cities throughout Los Angeles County can be found in Attachment A. Recommended Position: Support 3 Quarterly Legislative Review 4IPage FISCAL IMPACT There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared and Approved by: Troy L. Butzlaff, ICMA-CM City Manager Attachment A AB 45 Letter from County Sanitation Districts Requesting City Position AB 254 League of California Cities Letter Opposing AB 254 Unless Amended AB 1455 Letter of Support for AB 1455 SB 415 SB 485 Letter from Los Angeles County Board of Supervisors Letter of Support for the Los Angeles Air Force signed by 26 Mayors 4 ATTACHMENT "A" { tk II AMENDED IN ASSEMBLY APRIL 13,2015 AMENDED IN ASSEMBLY MARCH 19,2015 CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION ASSEMBLY BILL No. 45 Introduced by Assembly Member Mullin December 1,2014 An act to add Article 3.4 (commencing with Section 47120) to Chapter 1 of Part 7 of Division 30 of the Public Resources Code,relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGEST AB 45, as amended,Mullin. Household hazardous waste. The California Integrated Waste Management Act of 1989,which is administered by the Department of Resources Recycling and Recovery, requires, among other things, each city and each county to prepare a household hazardous waste element containing specified components, and to submit that element to the department for approval.Existing law requires the department to approve the element if the local agency demonstrates that it will comply with specified requirements.A city or county is required to submit an annual report to the department summarizing its progress in reducing solid waste, including an update of the jurisdiction's household hazardous waste element. This bill would require each jurisdiction that provides for the residential collection and disposal of solid waste, on or before an unspecified date,to increase the collection and diversion of household hazardous waste in its service area by an unspecified percentage over a baseline amount, to be determined in accordance with department regulations. The bill would authorize the department to adopt a model 97 AB 45 —2— ordinance for a :.. ••: - •: % i4 : _ • - comprehensive program for the collection of household hazardous waste to facilitate compliance with those provisions,and would require each jurisdiction to annually report to the department on progress achieved in complying with those provisions. By imposing new duties on local agencies,the bill would impose a state-mandated local program. .•• : • • : - - : .•-:• •• . . .: - •• •- • - . dctcrmincs that thc bill contains costs mandatcd by thc statc, provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act far a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. (a) The Legislature finds and declares all of the 2 following: 3 (1) Household hazardous waste is creating environmental, 4 health, and workplace safety issues. Whether due to unused 5 pharmaceuticals, batteries, medical devices, or other disposable 6 consumer items, effective and efficient disposal remains an 7 extraordinary challenge. 8 (2) State and local efforts to address disposal of these items 9 have been well .• • ; - • - - - 11 intended and, in some cases, effective. However, even the most 12 effective programs have very low consumer participation. Other 13 approaches being promoted throughout the state would fragment 14 the collection of household hazardous waste and move collection 15 away from - - - . - :- . . •: _>_ .._..:a__.._ 16 -- . consumer convenience. 97 -3— AB45 1 (3) A–In addition to other programs for the collection of 2 household hazardous waste, a number of cities in California are 3 already using curbside household hazardous waste collection 4 programs, door-to-door household hazardous waste collection 5 programs, and household hazardous waste residential pickup 6 services as mechanisms for collecting and disposing of many 7 commonly used household items for which disposal has been the 8 subject of state legislation or local ordinances.The waste disposal 9 companies and local governments that have implemented these 10 programs . : -- . . .. : . - . . •- . . . - I I inexpensive:- have found them to be valuable components of a 12 comprehensive approach to the management of household 13 hazardous waste. 14 (4) There is also an appropriate role for manufacturers and 15 distributors of these products in comprehensive efforts to more 16 effectively manage household hazardous waste. That role should 17 be based on the ability of manufacturers and distributors to 18 communicate with consumers. 19 (b) It is the intent of the Legislature to enact legislation that 20 would establish curbside household hazardous waste collection 21 programs, door-to-door household hazardous waste collection 22 programs, and household hazardous waste residential pickup 23 services as the principal means of collecting household hazardous 24 waste and diverting it from California's landfills and waterways. 25 SEC.2. Article 3.4(commencing with Section 47120)is added 26 to Chapter 1 of Part 7 of Division 30 of the Public Resources Code, 27 to read: 28 29 Article 3.4. Household Hazardous Waste Collection and 30 Diversion Reduction 31 32 47120. For purposes of this article, the following terms have 33 the following meanings: 34 . .:. . - . . . .• : . " - . 35 61 . 36 ::: ::: . . .: : . ..--, • 38 : • : '. - ': . . . . --6: - :nge,by-appeinttrnent, 39 : . . ii•"" -: : - 97 AB 45 —4-- 2 2 and-reg ions: 3 (a) "Comprehensive program for the collection of household 4 hazardous waste" means a local program that includes the 5 following components: 6 (1) Utilization of locally sponsored collection sites. 7 (2) Scheduled and publicly advertised drop off days. 8 (3) Door-to-door collection programs. 9 (4) Mobile collection programs. 10 (S) Dissemination of information about how consumers should 11 dispose of the various types of household hazardous waste. 12 (6) Education programs to promote consumer understanding 13 and use of the local components of a comprehensive program. 14 (b) "Household hazardous waste" includes, but is not limited 15 to,the following: 16 (1) Automotive products, including, but not limited to, 17 antifreeze, batteries,brake fluid, motor oil, oil filters, fuels,wax, 18 and polish. 19 (2) Garden chemicals, including,but not limited to, fertilizers, 20 herbicides,insect sprays,pesticides,and weed killers. 21 (3) Household chemicals,including,but not limited to,ammonia, 22 cleaners, strippers, and rust removers. 23 (4) Paint products, including, but not limited to, paint, caulk, 24 glue,stripper, thinner, and wood preservatives and stain. 25 (5) Consumer electronics, including, but not limited to, 26 televisions, computers, laptops, monitors, keyboards, DVD and 27 CD players, VCRs, MP3 players, cell phones, desktop printers, 28 scanners, fax machines,mouses, microwaves, and related cords. 29 (6) Swimming pool chemicals, including, but not limited to, 30 chlorine tablets and liquids,pool acids,and stabilizers. 31 (7) Household batteries.For purposes of this section,"household 32 batteries" means batteries that individually weigh two kilograms 33 or less of mercury,alkaline,carbon-zinc,or nickel-cadmium, and 34 any other batteries typically generated as household waste, 35 including, but not limited to, batteries used to provide power for 36 consumer electronic and personal goods often found in a household. 37 (8) Fluorescent tubes and compact florescent lamps. 38 (9) Mercury-containing items, including, but not limited to, 39 thermometers,thermostats, and switches. 97 • —5— AB 45 1 (10) Home-generated sharps waste,as defined in Section 117671 2 of the Health and Safety Code. 3 (11) Home-generated pharmaceutical waste. For purposes of 4 this section, "home-generated pharmaceutical waste" means a 5 prescription or nonprescription drug,as specified in Section 4022 6 or 4025.1 of the Business and Professions Code, that is a waste 7 generated by a household or households. "Home-generated 8 pharmaceutical waste"shall not include drugs for which producers 9 provide a take-back program as a part of a United States Food and 10 Drug Administration managed risk evaluation and mitigation 11 strategy pursuant to Section 355-1 of Title 21 of the United States 12 Code, or waste generated by a business, corporation, limited 13 partnership, or an entity involved in a wholesale transaction 14 between a distributor and a retailer. 15 47121. (a) (1) On or before , each jurisdiction shall 16 increase its collection and diversion of household hazardous waste 17 in its service area by percent over its baseline amount, as 18 established in subdivision(b). 19 (2) Notwithstanding paragraph (1), a jurisdiction that has in 20 place or adopts an ordinance implementing a 21 • _ . •• .-: " . -. - . ..: 22 ': • • -. .. . , • •. . comprehensive 23 program for the collection of household hazardous waste shall 24 have an additional years to meet the collection and diversion 25 objective in paragraph (1). 26 (b) No later than , each jurisdiction shall inform the 27 department of its baseline amount of collection and diversion of 28 hazardous waste in accordance with regulations adopted by the 29 department. The baseline amount may be expressed in tonnage or 30 by the number of households participating, and may focus on 31 particular types of household hazardous waste. The department 32 shall approve or disapprove of a jurisdiction's baseline amount no 33 later than 34 47122. (a) The depar tuient shall adopt regulations to implement 35 this article. 36 (b) The department may adopt a model ordinance for a 37 g:: ::: : - . comprehensive 38 program for the collection of household hazardous waste to 39 facilitate compliance with this article. 97 AB 45 —6— 1 47123. Commencing , and annually thereafter, each 2 jurisdiction shall report to the department on progress achieved in 3 complying with this section.A jurisdiction shall make a good faith 4 effort to comply with this section, and the department may 5 determine whether a jurisdiction has made a good faith effort for 6 purposes of this program. To the maximum extent practicable, it 7 is the intent of the Legislature that reporting requirements under 8 this section be satisfied by submission of similar reports currently 9 required by law. 10 47124. This article does not apply to a jurisdiction that does 11 not provide for the residential collection and disposal of solid 12 waste. 13 _ . 15 : • :r . .. ; .-:- : 17 . . . . _ . _. . . .: 18 SEC. 3. No reimbursement is required by this act pursuant to 19 Section 6 of Article XIII B of the California Constitution because 20 a local agency or school district has the authority to levy service 21 charges,fees, or assessments sufficient to pay for the program or 22 level ofservice mandated by this act, within the meaning ofSection 23 17556 of the Government Code. 0 97 ICII I V .� COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 GRACE ROBINSON HYDE Telephone: (562) 699-7411, FAX: (562) 699-5422 Chief Engineer and General Manager www.lacsd.org April 17,2015 Boards of Directors County Sanitation Districts of Los Angeles County Dear Directors: AB 45(Mullin): Household Hazardous Waste I am writing to bring to your attention Assembly Bill (AB) 45, as amended April 13, 2015, by Assemblymember Kevin Mullin of South San Francisco. AB 45 would impose new program requirements on local jurisdictions for the collection of household hazardous waste (HHW). AB 45 is intended to increase the effectiveness of HHW programs that local jurisdictions implement, and the bill strongly encourages increased use of curbside HHW collection programs, door-to-door HHW collection programs,and HHW residential pickup services.Although the bill's stated goal of increasing diversion of HHW from landfills and waterways is laudable, we have strong concerns about the direction the bill is headed. The author intends to impose AB 939-style "rates and dates" for collection of HHW, which would require all local jurisdictions to measure diversion rates for HEW or the number of households participating in HEW programs and require those rates to increase over time. The details of the rates of increase that will be required and the time period that would be available to achieve the increased performance mandates have not been added to the bill yet The Sanitation Districts has taken a position of concerns, as has Los Angeles County, largely based on the fact that there is a very successful countywide program for HEW collection already being implemented at a cost of over $13 million per year in Los Angeles County, and this program is both effective and efficient. Major areas of concern with AB 45 that are shared by many local jurisdictions and statewide associations include increased costs without a funding source other than raising municipal trash collection rates, the difficulty of establishing baseline rates for either participation or diversion,and the undermining of sound solid waste policies that would instead focus on reducing the amount of HEW at the source and through producer responsibility programs rather than passing the problem of collecting products that cannot be thrown in the trash at the end of their useful life onto local governments. Additionally,the goal of greatly increasing use of door-to-door or curbside collection is troubling because these programs may pose health and safety, as well as environmental, concerns, and they can be very expensive. However, it is unclear if the extra cost of these approaches reliably results in increased collection and participation rates. For these reasons, I urge you to consider taking a position on AB 45. The bill is currently scheduled for a hearing before the Assembly Committee on Local Government on April 22, and if passed by that committee, must be heard by May 1 by the Assembly Committee on Environmental Safety and Toxic Materials. A copy of the bill, the Sanitation Districts' position letter and the analysis of the bill by n Recycled Paper .no Doc #3287485 Boards of Directors -2- April 17,2015 Los Angeles County are attached for your information. Please contact me or Sharon Green of my staff if you have any questions. Very truly yours, "hut Grace Robinson Hyde GRH/sg Enclosures cc: City Managers Public Works Directors �i 1 f`.; I � f i iU i 7 i R l (1; • ' r ' ' -�, V 1� �T f--`- f„__.1-- ;'NI T ,r, 7(7 2�4' . 1� '1 t7: "n .. .r Ia_;> o.CI April 15. 2015 The Honorable Brian Maienschein.Chair Assembly Committee on Local Government 1020 N Street, Room 157 Sacramento,CA 95814 Dear Chairman Maienschein: AB 45(Mallin)(As Amended April 13,2014): Household Hazardous Waste—Concerns On behalf of the Sanitation Districts of Los Angeles County, I am writing to express our concerns about AB 45 by Assemblymember Kevin Mullin. which would impose new program requirements for local jurisdictions to collect household hazardous waste (HHW). By way of background, the Sanitation Districts provide solid waste and wastewater management services to approximately 5.5 million people in 78 cities and unincorporated areas of Los Angeles County. The Sanitation Districts have developed an integrated system of solid waste facilities and programs. including a long-term partnership with Los Angeles County to provide a county-wide program of mobile HHW collection events known as roundups that began in 1988. Approximately 60 HHW roundups are held annually throughout Los Angeles County. The Los Angeles County Department of Public Works operates the largest HHW program in the United States, including the aforementioned roundups. nine permanent collection centers, door-to-door pickup for the elderly and disabled, and specialty drop-off sites for items such as unused pharmaceutical waste, sharps. used motor oil and electronic waste in partnership with a variety of other public agencies such as the County Sherifrs Department and County Departments of Health Services and Public Health. The Sanitation Districts have a number of concerns about AB 45 and the new unfunded program mandates the bill would impose on local jurisdictions responsible for implementing municipal solid waste (MSW) programs under AB 939. First, the bill does not appear to recognize that fact that the existing HHW programs that have been developed over the past 25 years in Los Angeles County and elsewhere in California are extremely effective and efficient means of collecting a wide variety of waste streams that may pose hazards to public health and the environment and that therefore require separate management programs. Overall, HHW is a very small portion of the waste stream, and the special handling it requires makes it costly for local jurisdictions so efficient and cost-effective programs are essential. Unlike MSW. HHW is not generated by every household on a daily or even monthly basis, and participation in HHW collection programs may be sporadic and episodic (e.g. when the garage is cleaned out) by households. However, this does not mean that current programs are not serving the needs of the community, but rather,that it is not straightforward to determine what a high or low participation rate actually is for HHW programs. Overall, a combination of HHW roundups. permanent collection centers and convenient local drop off locations for particular types of items have proven to be cost-effective and convenient collection methods for the residents of Los Angeles County. and those jurisdictions that choose to provide supplemental options, such as door-to-door pickup or additional dropoff locations, are able to implement those programs at their own discretion. #3287414 The Honorable Brian Maienschein,Chair -2- April 15,2015 A final area of concern is that, although the bill creates a new article entitled --Household Hazardous Waste Collection and Reduction," the bill does not contain any provisions to incentivize reduction in the quantities and/or toxicity of products that may end up as HHW at the end of their useful life. Manufacturers have a much greater incentive to reduce the use of chemicals through source reduction if they are responsible for end-of-life management of their products, an approach known as product stewardship or enhanced producer responsibility (EPR). We believe that would be a far more helpful approach for the bill to focus on from the perspective of local jurisdictions, and we encourage the Committee to explore EPR approaches with the author as a potential alternative to the current direction of AB 45. For these reasons, the Sanitation Districts has concerns about AB 45. If you have any questions. please contact Sharon Green of my staff at ,g,::on 1,1,.>d_c2i-g or 562-908-4288.extension 2503. Very truly yours. Ary.t., Grace Robinson Hyde GRH:SNG:lmb cc: Members, Assembly Local Government Committee Assembly Member Kevin Mullin Debbie Michel. Assembly Local Government Committee Consultant William Weber,Assembly Republican Caucus <4' County of Los Angeles A. f ��`p" CHIEF EXECUTIVE OFFICE } ,_ f Kenneth Hahn Hall of Administration y % I 1stt,il 500 West Temple Street,Room 713,Los Angeles,California 90012 x 1 •-- x (213)974-1101 C4L1iiii►,,S http:/fceo.lacounty.gov SACHI A. HAMAI Board of Supervisors Interim Chief Executive Officer HILDA L.SOLIS April 13, 2015 First District MARK RIDLEY-THOMAS Second District SHEILA KUEHL Third District To: Mayor Michael 0. Antonovich DON KNABE Supervisor Hilda L. Solis Fourth District Supervisor Mark Ridley-Thomas MICHAEL D.ANTONOVICH Supervisor Sheila Kuehl Fifth District Supervisor Don Knabe From: Sachi A. Ha , -i Interim Chie ;; ' utive Officer SACRAMENTO UPDATE Executive Summary This memorandum contains a pursuit of County position on the following measure: Pursuit of County Position on AB 45 (Mullin). This measure would require cities and counties to establish a baseline for Household Hazardous Waste (HHW) collection and diversion, and increase their collection and diversion rate of HHW by an unspecified amount. The bill also states the Legislature's intent to make curbside collection of HHW the primary means of collection for all jurisdictions. This office and the Department of Public Works have concerns with several provisions of the bill. Therefore, the Sacramento advocates will work with the Department of Public Works to communicate the outlined concerns about the bill, in its current form,and provide feedback on suggestions to make the bill more effective and cost-efficient, as well as minimize the costs and responsibilities that will be imposed on local jurisdictions by the bill. Pursuit of County Position AB 45 (Mullin), which as amended on March 19, 2015, would require each jurisdiction that provides for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area by an "To Enrich Lives Through Effective And Caring Service" Please Conserve Paper-This Document and Copies are Two-Sided Intra-County Correspondence Sent Electronically Only Each Supervisor April 13, 2015 Page 2 unspecified percentage over a baseline amount, to be determined in accordance with regulations to be developed by the California Department of Resources Recycling and Recovery (CalRecycle). The bill would also authorize CalRecycle to adopt a model ordinance for a door-to-door collection and diversion program to facilitate compliance with those provisions, and would require each jurisdiction to annually report on progress achieved in complying with those provisions. By imposing new duties on local agencies, the bill would impose a State-mandated local program. The California Integrated Waste Management Act of 1989 requires each city and each county to prepare a household hazardous waste element containing specified components, and to submit that element to CalRecycle for approval. Under existing law, elements are approved if the local agency demonstrates that it will comply with specified requirements. A city or county is required to submit an annual report to CalRecycle summarizing its progress in reducing solid waste, including an update of the jurisdiction's household hazardous waste element. According to the author's office, AB 45 seeks to develop a comprehensive solution to disposal of household hazardous waste, including antifreeze, drain cleaners, household batteries, electronics, glue and adhesives, household cleaners, paints, pesticides, pool cleaners, solvents, home-generated medical sharps and pharmaceutical waste, and products containing mercury. Los Angeles County Household Hazardous Waste Program The Department of Public Works (DPW) reports that the County first implemented its residential household hazardous waste (HHW) program in 1988 and currently operates the largest such program in the United States. The HHW program is a collaborative effort between the Sanitation Districts of Los Angeles County, City of Los Angeles, DPW, and the many cities who host collection events. Over 60 mobile events are held throughout the County annually, in addition to nine permanent collection centers that are available for HHW drop off. The program offers elderly or otherwise immobile residents who live within seven miles of a collection event the opportunity to have their waste picked up from their residence by appointment. Additionally, the County has partnered with various departments including Health Services, Public Health, and the Sheriff for specialty drop-off sites. The Department of Public Works indicates that in 2009, the County piloted a used-oil curbside program. However, after three years, only one phone call was received for pickup of used oil. The County recently reevaluated its HHW program for, among other things, level of convenience, efficiency and cost-effectiveness. The vast majority of HHW collected by the County's program is done via the mobile events and permanent Sacramento Updates 2015/sacto 041315 Each Supervisor April 13, 2015 Page 3 HHW collection centers, which are far more cost-effective on a per-pound basis than a curbside, door-to-door collection program. Therefore, DPW believes that in order to have a sustainable program, all levels of service needed to be considered. The reevaluation confirmed that to serve the County's residents in the most convenient, efficient and cost-effective manner, a mixed-model such as the one the County currently uses is the most ideal type of program. Department of Public Works Concerns with AB 45 The Department of Public Works notes several concerns regarding the provisions of AB 45 as currently drafted. The Department of Public Works indicates that it supports a statewide approach for HHW collection as long as it is done effectively and equitably. The Department is concerned that a prescribed approach for diverting HHW would not necessarily reflect what is most efficient and cost effective for individual jurisdictions. The proposed requirement that jurisdictions establish a baseline amount of collection and diversion of HHW will involve a waste characterization study and complex time- consuming mathematical calculation. Complying with waste diversion mandates places a significant burden on local jurisdictions, which must expend resources in order to document and validate waste generation data. The annual diversion reporting requirements proposed in AB 45 will require additional expenditure of resources because jurisdictions would be required to demonstrate mathematically how much HHW their respective programs have diverted despite potential limitations beyond the control of the jurisdictions. In the past, this type of system typically required 18-24 months to determine final calculations and will force jurisdictions to return to the "bean counting" calculations which were replaced with a per capita disposal and goal measurement system in SB 1016 (Chapter 343, Statutes of 2008). With regard to implementing a curbside collection program, door-to-door collection program, or residential pickup service, DPW has concluded, after careful analysis and consideration, that these types of programs are not optimal for the make-up and vastness of the County. The Department, on behalf of the Los Angeles County Integrated Waste Management Task Force, conducted a phone survey of jurisdictions throughout the State who provide curbside/residential/door-to-door HHW collection services. The results of the survey indicated there are difficulties and limitations associated with these types of HHW programs. A number of programs require someone to be home when the HHW is picked up, which would prevent a number of Sacramento Updates 2015/sacto 041315 Each Supervisor April 13, 2015 Page 4 households from utilizing this type of program. Moreover, in the case of curbside collection programs, HHW items placed on the curb for pickup which the contracted hauler is not allowed to collect and/or transport are left on the curb exposed to animals, children, independent recyclers, and the elements. The Department of Public Works indicates that changing the method of collecting HHW does not address the toxicity of the products or the costs and challenges of properly managing them at the end of use. AB 45 states that it will establish curbside/door-to- door/residential pickup services as the "principle means" for HHW collection. The Department estimates that shifting to curbside/door-to-door services would increase program costs significantly, with nominal benefit to residents and the County. The Department of Public Works reports that implementing a curbside collection program, door-to-door collection program, or residential pickup service would require either amendments to existing waste hauling agreements or development of new agreements which include these types of services once existing contracts are terminated. The Department of Public Works also notes that bill does not include any Extended Producer Responsibility provisions, which would require producers and manufacturers to share in the responsibility for managing HHW that results from their products. Instead, AB 45 simply would change the method of collection from primarily mobile events and permanent HHW collection centers to more expensive curbside and door-to- door collection programs, without specifying how those programs would be funded. The Sacramento advocates report that Assemblymember Mullin has solicited input from local governments, waste haulers, environmentalists and other interested stakeholders and has indicated that there will be further amendments to the bill in the coming weeks. Therefore, the Sacramento advocates will work with the Department of Public Works to communicate the outlined concerns about AB 45, in its current form, and provide feedback on suggestions to make the bill more effective and cost- efficient, as well as minimize the costs and responsibilities that will be imposed on local jurisdictions by the bill. This office will continue to monitor amendments to the bill and report back on whether or not our concerns have been addressed. Sacramento Updates 2015/sacto 041315 Each Supervisor April 13, 2015 Page 5 There is no registered support for AB 45 at this time. The bill is opposed by the California State Association of Counties, the Los Angeles County Integrated Waste } Management Task Force, and the Urban Counties Caucus. AB 45 is scheduled to be heard by the Assembly Local Government Committee on April 22, 2015. We will continue to keep you advised. SAH:JJ:MR VE:AO:ma c: All Department Heads Legislative Strategist Local 721 Coalition of County Unions California Contract Cities Association Independent Cities Association League of California Cities City Managers Associations Buddy Program Participants Sacramento Updates 2015lsacto 041315 AMENDED IN ASSEMBLY APRIL 7,2015 AMENDED IN ASSEMBLY MARCH 18,2015 CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION ASSEMBLY BILL No. 254 Introduced by Assembly Members Roger Hernandez and Calderon February 9,2015 An act to-amend amend,repeal, and add Sections 1000, 1003, 1301, and 13112 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 254,as amended,Roger Hernández. Election dates. Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year,the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year.Existing law requires all state,county,municipal,district,and school district elections to be held on an established election date,except for a special election called by the Governor,an election held in a chartered city or chartered county,certain school district elections,a local ballot measure or local recall election, and an all-mailed ballot election. This bill-would would, commencing January 1, 2020, eliminate the established election dates in March and April. The bill would, commencing January I, 2020, except for certain special elections, eliminate the exceptions for elections held in a chartered city or chartered county and school district elections consolidated with chartered city elections, thereby requiring these elections to be held on an established election date. The bill would declare that increasing voter 97 AB 254 —2— turnout 2--turnout at local elections and promoting the fundamental right to vote are matters of statewide concern. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares that 2 significantly increasing voter turnout at local elections and 3 promoting the fundamental right to vote are matters of statewide 4 concern. Therefore,this act applies to every political subdivision 5 in this state,including,but not limited to,charter counties,charter 6 cities,and charter cities and counties. 7 SEC. 2. It is the intent of the Legislature that the statutory 8 changes made by this act do both of the following: 9 (a) Encourage increased voter participation. 10 (b) Not alter the date of a runoff election provided for in the 11 principal act of a district. 12 - : ::: . . . . . . , ., ... , _. 13 ::• . . .. . . . :.:,.., _., 14 .,. .. ., 15 year: 16 .. .. 17 eat 18 . - , :: : „ .. . 19 :; : .. . . • - 20 . . . . 21 22 .. a, ; - ., - , , . .. 23 sehe 24 .: 25 , ... : - . . 26 ; ., .. , . .: 27 feferendurnrepteatifeleetiett. 28 .., .: 29 :' : • . _ . .•; 30 . . ... .., _ , 31 . - , :: , y - . - - - 32 . - : ; 1:. : ; - . 33 . 97 —3— AB 254 1 . • • - . .. • . • 2 1301. (a) Exccpt as rcquircd by Section 57379 of the 3 . . .. . - ... . . 5 6 .. : . 7 e' - ; t , . _ . . - . _ ette 10 - ,. . - .. . .; . - 12 - ,.. . . - .. •.. , .... . . . . , 13 14 • .. .• . . . . - . . ... . . . . .. . 15 •. .• . .. . ., . .. - - . , . 17with tthat cic o_ 18 .,..,IP; :, : , - : - ... . 19 . ... - .: • ; .t.:. •. . • 23 council. 24 • . . - . . . . - • ,., . 25 ..., •. ..: - ; ... . . . . . . . .. . . . . 26 - . . :. , , - ..., . . .. . 27 28 29 30 32 .. •• •- _. . . .. . -- ; :- . . - : , , 33 . _. - - . . ., . .. . . .. . . • . - ... : • - 35 - .. . . ... . : . , , -- 36 - . . . . . - . ., . • ; - V. 39 - ; .. . 40 - . .. • .. . . . . . . • . . •.; ... . ,.. 97 AB 254 —4— 3 - • , - - . ..; 5 .. , . ; : -- -• , . 7 . - 3. . -;i . -. 8 9 .. , ;,• •;• , :- .a ; ; . . 10 • . .,, 11 . • . . • • -.; :• _. _, . . • : •.. 13 • • -- • 14 .- - •., : • 4. ;4: . .. , , 15 16 . . . : . . • - ,• -- - ;. 17 ., , - ,- . .• • . ••;, :.. • - . . . . . , 18 _ ... .., 19 . . . • : - . - • _ . . . . ., 20 . . .11 ep .., ., . - ,.. ••• - • .. .. ,•;; - • . ... : 21 22 24 - - •• . . . .. 25 • - .... • . . , . .... : ire .. • .. 26 .. , • - ; . . 27 - ., . . . - .. , . . .. . 28 ., .•;; - - . • . .•. :. •. . • . • 29 purpose:- 30 urposes30 _ ... ... 32 . , - ,., • ... . .. . . . •. , 33 • ... 34 ,• -. : . r - . .:. - . . • 35 , ; ; ; . : - . - ...:,. - :. 36 -- . • . 38 . . . . . . . .. . . , 39 •, • 97 —5— AB 254 1 - • • : - • • • 2 . - - ' . - . - . 4 . . • . . .. . . ' 5 - . : ,• r • 11 • . .• -. • • ' •. ' ., , . 12 : r., • . •• ' . •.• • • . r • '- . . 15 • , . . , • ,_r • 16 subdivision-(1} 17 , ' . .. . 18 • . ' IP ,41 . •. , - .. - .. ;11'11 20 • ... . , • •r • • . • ; , • ,. . - . ., • • , 21 . ,. • •- • ' ., ' -. , • . . • • •,• 22 • . •, • • : 23 • .., _.. . . . . .., 25 SEC. 3. Section 1000 of the Elections Code is amended to read: 26 1000. (a) The established election dates in each year are as 27 follows: 28 (a) 29 (1) The second Tuesday of April in each even-numbered year. 30 (la) 31 (2) The first Tuesday after the first Monday in March of each 32 odd-numbered year. 33 (ej 34 (3) The first Tuesday after the first Monday in June in each 35 year. 36 (d) 37 (4) The first Tuesday after the first Monday in November of 38 each year. 97 AB 254 —6--- 1 1 (b) This section shall remain in effect only until January 1,2020, 2 and as of that date is repealed, unless a later enacted statute, that 3 is enacted before January 1, 2020, deletes or extends that date. 4 SEC. 4. Section 1000 is added to the Elections Code, to read: 5 1000. (a) The established election dates in each year are as 6 follows: 7 (1) The first Tuesday after the first Monday in June. 8 (2) The first Tuesday after the first Monday in November. 9 (b) This section shall become operative on January 1, 2020. 10 SEC. 5. Section 1003 of the Elections Code is amended to read: 11 1003. (a) This chapter-shall does not apply to the following: 12 (a) Any 13 (1) A special election called by the Governor. 14 (b) 15 (2) Elections held in chartered cities or chartered counties in 16 which the charter provisions are inconsistent with this chapter. 17 (e)--Sehool 18 (3) A school governing board_eleetions election consolidated 19 pursuant to Section 1302.2 or initiated by petition pursuant to 20 Section 5091 of the Education Code. 21 (d) 22 (4) Elections of any kind required or permitted to be held by a 23 school district located in a chartered city or county when the 24 election is consolidated with a regular city or county election held 25 in a jurisdiction that includes 95 percent or more of the school 26 district's population. 27 (e)-County, 28 (5) A county,municipal,district,-and or school district initiative, 29 referendum,or recall-elections. election. 30 (f) Any 31 (6) An election conducted solely by mailed ballot pursuant to 32 Division 4(commencing with Section 4000). 33 (g) 34 (7) Elections held pursuant to Article 1 (commencing with 35 Section 15100)of Chapter 1,or pursuant to Article 4(commencing 36 with Section 15340)of Chapter 2 of,Part 10 of Division I of Title 37 1 of the Education Code. 38 (b) This section shall remain in effect only until January 1,2020, 39 and as of that date is repealed, unless a later enacted statute, that 40 is enacted before January 1, 2020, deletes or extends that date. 97 —7— AB 254 1 SEC. 6. Section 1003 is added to the Elections Code, to read: 2 1003. (a) This chapter does not apply to the following: 3 (1) A special election called by the Governor. 4 (2) A special election called by a local governmental entity 5 including, but not limited to, a chartered city, chartered county, 6 or school district. 7 (3) A school governing board election initiated by petition 8 pursuant to Section 5091 of the Education Code. 9 (4) A county, municipal, district, or school district initiative, 10 referendum, or recall election. 11 (5) An election conducted solely by mailed ballot pursuant to 12 Division 4(commencing with Section 4000). 13 (6) Elections held pursuant to Article 1 (commencing with 14 Section 15100)of Chapter 1,or pursuant to Article 4(commencing 15 with Section 15340)of Chapter 2 of Part 10 of Division 1 of Title 16 1 of the Education Code. 17 (b) This section shall become operative on January 1, 2020. 18 SEC. 7. Section 1301 of the Elections Code is amended to read: 19 1301. (a) Except as required by Section 57379 of the 20 Government Code, and except as provided in subdivision (b), a 21 general municipal election shall be held on an established election 22 date pursuant to Section 1000. 23 (b) (1) Notwithstanding subdivision (a), a city council may 24 enact an ordinance, pursuant to Division 10 (commencing with 25 Section 10000),requiring its general municipal election to be held 26 on the same day as the statewide direct primary election,the day 27 of the statewide general election, on the day of school district 28 elections as set forth in Section 1302, the first Tuesday after the 29 first Monday of March in each odd-numbered year,or the second 30 Tuesday of April in each year.AnyAn ordinance adopted pursuant 31 to this subdivision shall become operative upon approval by the 32 board of supervisors. 33 (2) In the event of consolidation,the general municipal election 34 shall be conducted in accordance with all applicable procedural 35 requirements of this code pertaining to that primary, general, or 36 school district election,and shall thereafter occur in consolidation 37 with that election. 38 (c) If a city adopts an ordinance described in subdivision (b), 39 the municipal election following the adoption of the ordinance and 40 each municipal election thereafter shall be conducted on the date 97 AB 254 —8— 1 specified by the city council, in accordance with subdivision(b), 2 unless the ordinance in question is later repealed by the city 3 council. 4 (d) If the date of a general municipal election is changed 5 pursuant to subdivision(b),at least one election shall be held before 6 the ordinance, as approved by the board of supervisors, may be 7 subsequently repealed or amended. 8 (e) This section shall remain in effect only until January 1,2020, 9 and as of that date is repealed, unless a later enacted statute, that 10 is enacted before January 1, 2020, deletes or extends that date. 11 SEC. 8. Section 1301 is added to the Elections Code, to read: 12 1301. (a) Except as required by Section 57379 of the 13 Government Code, and except as provided in subdivision (b), a 14 general municipal election shall be held on an established election 15 date pursuant to Section 1000. 16 (b) (1) A city council may enact an ordinance, pursuant to 17 Division 10 (commencing with Section 10000), requiring its 18 general municipal election to be held on the same day as the 19 statewide direct primary election, the day of the statewide general 20 election, or on the day of school district elections as set forth in 21 Section 1302.An ordinance adopted pursuant to this subdivision 22 shall become operative upon approval by the board of supervisors. 23 (2) In the event of consolidation, the general municipal election 24 shall be conducted in accordance with all applicable procedural 25 requirements of this code pertaining to that primary, general, or 26 school district election,and shall thereafter occur in consolidation 27 with that election. 28 (c) If a city adopts an ordinance described in subdivision (b), 29 the municipal election following the adoption of the ordinance 30 and each municipal election thereafter shall be conducted on the 31 date specified by the city council, in accordance with subdivision 32 (b), unless the ordinance in question is later repealed by the city 33 council. 34 (d) If the date of a general municipal election is changed 35 pursuant to subdivision (b), at least one election shall be held 36 before the ordinance, as approved by the board of supervisors, 37 may be subsequently repealed or amended. 38 (e) This section shall become operative on January 1, 2020. 39 SEC. 9. Section 13112 of the Elections Code is amended to 40 read: 97 —9— AB 254 1 13112. The Secretary of State shall conduct a drawing of the 2 letters of the alphabet, the result of which shall be known as a 3 randomized alphabet. The procedure shall be as follows: 4 (a) Each letter of the alphabet shall be written on a separate slip 5 of paper,each of which shall be folded and inserted into a capsule. 6 Each capsule shall be opaque and of uniform weight, color,size, 7 shape, and texture. The capsules shall be placed in a container, 8 which shall be shaken vigorously in order to mix the capsules 9 thoroughly. The container then shall be opened and the capsules 10 removed at random one at a time.As each capsule is removed, it 11 shall be opened and the letter on the slip of paper read aloud and 12 written down.The resulting random order of letters constitutes the 13 randomized alphabet,which is to be used in the same manner as 14 the conventional alphabet in determining the order of all candidates 15 in all elections.For example,if two candidates with the surnames 16 Campbell and Carlson are running for the same office,their order 17 on the ballot will depend on the order in which the letters M and 18 R were drawn in the randomized alphabet drawing. 19 (b) (1) There shall be six drawings,three in each even-numbered 20 year and three in each odd-numbered year.Each drawing shall be 21 held at 11 a.m.on the date specified in this subdivision.The results 22 of each drawing shall be mailed immediately to each county 23 elections official responsible for conducting an election to which 24 the drawing-is-applicable;applies, who shall use it in determining 25 the order on the ballot of the names of the candidates for office. 26 (A) The first drawing under this subdivision shall take place on 27 the 82nd day before the April general law city elections of an 28 even-numbered year, and shall apply to those elections and any 29 other elections held at the same time. 30 (B) The second drawing under this subdivision shall take place 31 on the 82nd day before the direct primary of an even-numbered 32 year,and shall apply to all candidates on the ballot in that election. 33 (C) (i) The third drawing under this subdivision shall take place 34 on the 82nd day before the November general election of an 35 even-numbered year,and shall apply to all candidates on the ballot 36 in the November general election. 37 (ii) In the case of the primary election and the November general 38 election, the Secretary of State shall certify and transmit to each 39 county elections official the order in which the names of federal 40 and state candidates, with the exception of candidates for State 97 • AB 254 —10— 1 Senate and Assembly, shall appear on the ballot. The elections 2 official shall determine the order on the ballot of all other 3 candidates using the appropriate randomized alphabet for that 4 purpose. 5 (D) The fourth drawing under this subdivision shall take place 6 on the 82nd day before the March general law city elections of 7 each odd-numbered year, and shall apply to those elections and 8 any other elections held at the same time. 9 (E) The fifth drawing under this subdivision shall take place on 10 the 82nd day before the first Tuesday after the first Monday in 11 June of each odd-numbered year,and shall apply to all candidates 12 on the ballot in the elections held on that date. 13 (F) The sixth drawing under this subdivision shall take place 14 on the 82nd day before the first Tuesday after the first Monday in 15 November of the odd-numbered year, and shall apply to all 16 candidates on the ballot in the elections held on that date. 17 (2) In-the-event-If there is to be an election of candidates to a 18 special district, school district, charter city, or other local 19 government body at the same time as one of the five major election 20 dates specified in subparagraphs(A)to(F),inclusive,and the last 21 possible day to file nomination papers for the local election would 22 occur after the date of the drawing for the major election date,the 23 procedure set forth in Section 13113 shall apply. 24 (c) Each randomized alphabet drawing shall be open to the 25 public. At least 10 days-prier-to before a drawing, the Secretary 26 of State shall notify the news media and other interested parties • 27 of the date,time,and place of the drawing.The president of each 28 statewide association of local officials with responsibilities for 29 conducting elections shall be invited by the Secretary of State to 30 attend each drawing or send a representative. The state chairman 31 of each qualified political party shall be invited to attend or send 32 a representative in the case of drawings held to determine the order 33 of candidates on the primary election ballot,the November general 34 election ballot, or a special election ballot as provided for in 35 subdivision(d). 36 (d) In the case of-any a special election for State Assembly, 37 State Senate,or Representative in Congress,on the first weekday 38 after the close of filing of nomination papers for the office, the 39 Secretary of State shall conduct a public drawing to produce a 40 randomized alphabet in the same manner as provided for in 97 -11— AB 254 1 subdivisions(a)and(c). The resulting randomized alphabet shall 2 be used for determining the order on the ballot of the candidates 3 in both the primary election for the special election and in the 4 special election. 5 (e) This section shall remain in effect only until January 1,2020, 6 and as of that date is repealed, unless a later enacted statute, that 7 is enacted before January 1, 2020, deletes or extends that date. 8 SEC. 10. Section 13112 is added to the Elections Code,to read: 9 13112. The Secretary of State shall conduct a drawing of the 10 letters of the alphabet, the result of which shall be known as a 11 randomized alphabet. The procedure shall be as follows: 12 (a) Each letter of the alphabet shall be written on a separate 13 slip of paper, each of which shall be folded and inserted into a 14 capsule. Each capsule shall be opaque and of uniform weight, 15 color, size, shape, and texture. The capsules shall be placed in a 16 container, which shall be shaken vigorously in order to mix the 17 capsules thoroughly. The container then shall be opened and the 18 capsules removed at random one at a time. As each capsule is 19 removed, it shall be opened and the letter on the slip ofpaper read 20 aloud and written down. The resulting random order of letters 21 constitutes the randomized alphabet, which is to be used in the 22 same manner as the conventional alphabet in determining the 23 order of all candidates in all elections. For example, if two 24 candidates with the surnames Campbell and Carlson are running 25 for the same office, their order on the ballot will depend on the 26 order in which the letters Mand R were drawn in the randomized 27 alphabet drawing. 28 (b) (1) There shall be four drawings,two in each even-numbered 29 year and two in each odd-numbered year. Each drawing shall be 30 held at 11 a.m. on the date specified in this subdivision. The results 31 of each drawing shall be mailed immediately to each county 32 elections official responsible for conducting an election to which 33 the drawing applies, who shall use it in determining the order on 34 the ballot of the names of the candidates for office. 35 (A) The first drawing under this subdivision shall take place on 36 the 82nd day before the direct primary of an even-numbered year, 37 and shall apply to all candidates on the ballot in that election. 38 (B) (i) The second drawing under this subdivision shall take 39 place on the 82nd day before the November general election of an 97 • AB254 —12 1 even-numbered year,and shall apply to all candidates on the ballot 2 in the November general election. 3 (ii) In the case of the primary election and the November general 4 election, the Secretary of State shall cert6 and transmit to each 5 county elections official the order in which the names of federal 6 and state candidates, with the exception of candidates for State 7 Senate and Assembly, shall appear on the ballot. The elections 8 official shall determine the order on the ballot of all other 9 candidates using the appropriate randomized alphabet for that 10 purpose. 11 (C) The third drawing under this subdivision shall take place 12 on the 82nd day before the first Tuesday after the first Monday in 13 June of each odd-numbered year, and shall apply to all candidates 14 on the ballot in the elections held on that date. 15 (D) The fourth drawing under this subdivision shall take place 16 on the 82nd day before the first Tuesday after the first Monday in 17 November of the odd-numbered year, and shall apply to all 18 candidates on the ballot in the elections held on that date. 19 (2) If there is to be an election of candidates to a special district, 20 school district, charter city, or other local government body at the 21 same time as one of the four major election dates specified in 22 subparagraphs(A) to(D), inclusive, of paragraph(1)and the last 23 possible day to file nomination papers for the local election would 24 occur after the date of the drawing for the major election date, the 25 procedure set forth in Section 13113 shall apply. 26 (c) Each randomized alphabet drawing shall be open to the 27 public. At least 10 days before a drawing, the Secretary of State 28 shall notify the news media and other interested parties of the date, 29 time, and place of the drawing. The president of each statewide 30 association of local officials with responsibilities for conducting 31 elections shall be invited by the Secretary of State to attend each 32 drawing or send a representative. The state chairman of each 33 quaked political party shall be invited to attend or send a 34 representative in the case of drawings held to determine the order 35 of candidates on the primary election ballot,the November general 36 election ballot, or a special election ballot as provided for in 37 subdivision (d). 38 (d) In the case of a special election for State Assembly, State 39 Senate, or Representative in Congress, on the first weekday after 40 the close offiling ofnomination papers for the office, the Secretary 97 -13— AB 254 1 of State shall conduct a public drawing to produce a randomized 2 alphabet in the same manner as provided for in subdivisions (a) 3 and (c). The resulting randomized alphabet shall be used for 4 determining the order on the ballot of the candidates in both the 5 primary election for the special election and in the special election. 6 (e) This section shall become operative on January 1, 2020. 7 SEC. 7. 8 SEC. 11. This act shall not be construed to shorten the term of 9 office of any officeholder in office o 10 January 1, 2020. For each office for which this act causes the 11 election to be held at a later date than would have been the case 12 in the absence of this act,the incumbent shall hold office until a 13 successor qualifies for the office,but in no event shall the teen of 14 an incumbent be extended by more than four years. 0 97 t �. L / r 1400 K Street, Suite 400•Sacramento, California 95814 L: AG J Phone: 916.658.8200 Fax: 916.658.8240 I CAI :1 ()?:N1 l:1 www.cacities.org C TI March 13,2014 The Honorable Roger Hernández California State Assembly State Capitol Building,Room 5016 Sacramento,CA 95814 RE: AB 254(Hernandez).Election Dates.(as introduced) Oppose Unless Amended Dear Assembly Member Hernández: The League of California Cities regrets that it is opposed unless amended on AB 254,which removes the established election days in March and April. The measure reduces the number of days available for cities to conduct regular and special elections. Of particular concern are the stand-alone elections in Los Angeles County that would be forced to consolidate.The current voting system in LA County is outdated and lacks the technological capacity to handle the number of contests that would take place on a consolidated ballot. In the case for LA County there are already plans to replace the voting system,with an estimated rollout in 2020.Passing legislation that makes changes to the election system prior to the project's completion is simply putting the cart before the horse.We encourage you to take amendments to this measure that take into account the implementation of the new voting system and allow for the local community to determine whether they want consolidated elections. The League commends you for your intent to encourage voter turnout in local elections,we just believe this pathway is not appropriate as currently drafted. Systems are being upgraded and local election offices are working tirelessly to ensure the greatest amount of voter participation and engagement. For the reasons above,we are respectfully opposed unless amended on AB 254. If you have any questions regarding the League's position on this bill,please do not hesitate to contact me at(916)658-8254. Sincerely, Alicia Lewis Legislative Representative CC:Chair and Members,Assembly Elections and Redistricting Committee Chair and Members,Assembly Local Government Committee CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION ASSEMBLY BILL No. 1455 Introduced by Assembly Members Rodriguez and Gomez (Principal coauthor:Assembly Member Medina) (Coauthors:Assembly Members Brown,Burke,Chang,Chau,Daly, Roger Hernández, Linder, Mayes, Melendez, Obernolte, and Steinorth) (Coauthors: Senators Huff,Leyva,Morrell, and Stone) February 27, 2015 An act to add Division 17.5 (commencing with Section 175000) to the Public Utilities Code,relating to airports. LEGISLATIVE COUNSEL'S DIGEST AB 1455, as introduced,Rodriguez. Ontario International Airport. The California Airport District Act provides for creation of airport districts having responsibility for the development of airports, spaceports,and air navigation facilities within or including the territories of one or more counties or cities. This bill would authorize the City of Ontario to issue revenue bonds, for the purpose of financing the acquisition of the Ontario International Airport from the City of Los Angeles, that are secured solely by the revenues and charges at the Ontario International Airport. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Division 17.5(commencing with Section 175000) 2 is added to the Public Utilities Code,to read: 99 AB 1455 —2— 1 DIVISION 17.5. ONTARIO INTERNATIONAL AIRPORT 2 3 175000. The City of Ontario may issue revenue bonds for the 4 purpose of financing the acquisition of the Ontario International 5 Airport from the City of Los Angeles.The revenue bonds shall be 6 secured solely by future revenues and charges from that airport. 0 99 (4130!2015)Troy Butzlaff-AB 1455 Draft Letter of Support 4-6-15.docx Page 1 April xx, 2015 The Honorable Jimmy Gomez California State Assembly State Capitol P.O. Box 942849 Sacramento, CA 94249-0051 The Honorable Freddie Rodriguez California State Assembly State Capitol P.O. Box 942849 Sacramento, CA 94249-0052 Re: Support for Assembly Bill 1455 Dear Assemblymember Gomez and Assemblymember Rodriguez, On behalf of the City of Ontario, the Ontario International Airport Authority, and all agencies listed at the bottom of this correspondence, we would like to offer our support of AB 1455. We understand that this important bill will help facilitate the transfer of Ontario International Airport (ONT) back to local control. Since 2007, Los Angeles World Airports (LAWA) has focused on LAX at the expense of ONT in terms of management, financial, and marketing resources. As a result, ONT has suffered a severe decline in flights and passengers — much more severe than experienced by other airports in California. The health of ONT is vital to the future economic success of the Inland Empire. Under local control, the newly revitalized ONT will be well-positioned to serve the air travel needs of the region as Southern California's only unconstrained commercial airport. In addition, returning ONT to local control will help remove 1.5 million vehicles each year currently clogging the highways to LAX. As part of the transfer of ONT to local control, the Ontario International Airport Authority has agreed to reimburse LAWA for unreimbursed investments it has made at ONT and to assume other airport obligations, consistent with prior California and U.S. airport transfers. Thank you again for your efforts to establish local control for Ontario International Airport and restore one of Southern California's most important economic and jobs engines. Sincerely, • AMENDED IN SENATE APRIL 28, 2015 AMENDED IN SENATE APRIL 15, 2015 AMENDED IN SENATE APRIL 6, 2015 SENATE BILL No. 415 Introduced by Senator Hueso (Principal coauthors:Assembly Members Alejo, Calderon, and Roger Hernández) February 25,2015 An act to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code,relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 415, as amended,Hueso. Voter participation. Existing law generally requires all state, county, municipal, district, and school district elections be held on an established election date. Existing law also establishes certain dates for statewide elections. Existing law requires any state,county,municipal, district, and school district election held on a statewide election date to be consolidated with a statewide election, except as provided. This bill, commencing January 1, 2018, would prohibit a political subdivision, as defined, from holding an election other than on a statewide election date if holding an election on a non-concurrent date has previously resulted in voter turnout for a regularly-scheduled election in that political subdivision being at least-Bert 25%less than the average voter turnout within the political subdivision for the previous four 4 statewide general elections. This bill would require a court to implement appropriate remedies upon a violation of this prohibition.-This The bill would permit authorize 96 SB 415 —2— a voter who resides in a political subdivision where a violation is alleged to enforce this prohibition, and it would allow a prevailing plaintiff other than the state or political subdivision to collect a reasonable attorney's fee and litigation expenses,as provided. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 1.7 (commencing with Section 14050) 2 is added to Division 14 of the Elections Code, to read: 3 4 CHAPTER 1.7. VOTER PARTICIPATION 5 6 14050. This chapter shall be known and may be cited as the 7 California Voter Participation Rights Act. 8 14051. As used in this chapter: 9 (a) "Political subdivision" means a geographic area of 10 representation created for the provision of government services, 11 including,but not limited to,a city, a school district,a community 12 college district, or other district organized pursuant to state law. 13 (b) "Significant decrease in voter turnout" means the voter 14 turnout for a regularly scheduled election in a political subdivision 15 is at least five 25 percent less than the average voter turnout within 16 that political subdivision for the previous four statewide general 17 elections. 18 (c) "Voter turnout" means the percentage of voters who are 19 eligible to cast ballots within a given political subdivision who 20 voted. 21 14052. A political subdivision shall not hold an election other 22 than on a statewide election date if holding an election on a 23 nonconcurrent date has previously resulted in a significant decrease 24 in voter turnout. 25 14053. Upon a finding of a violation of Section 14052, the 26 court shall implement appropriate remedies, including the 27 imposition of concurrent election dates for future elections and 28 the upgrade of voting equipment or systems to do so.In imposing 29 remedies pursuant to this section,a court may also require a county 30 board of supervisors to approve consolidation pursuant to Section 31 10402.5. 96 • —3— SB 415 1 14054. In an action to enforce Section 14052, the court shall 2 allow the prevailing plaintiff other than the state or political 3 subdivision thereof, of the state, a reasonable attorney's fee 4 consistent with the standards established in Serrano v.Priest(1977) 5 20 Ca1.3d 25, 48-49, and litigation expenses including, but not 6 limited to, expert witness fees and expenses as part of the costs. 7 A prevailing defendant shall not recover any costs,unless the court 8 finds the action to be frivolous, unreasonable, or without 9 foundation. 10 14055. A voter who resides in a political subdivision where a 11 violation of Section 14052 is alleged may file an action pursuant 12 to that section in the superior court of the county in which the 13 political subdivision is located. 14 14056. This chapter does not apply to special elections. 15 14057. This chapter shall become operative on January 1,2018. 0 96 SENATE BILL No. 485 Introduced by Senator Hernandez (Coauthor: Senator Liu) (Coauthors:Assembly Members Cristina Garcia and Rendon) February 26, 2015 An act to add Section 4730.68 to the Health and Safety Code,relating to public sanitation. LEGISLATIVE COUNSEL'S DIGEST SB 485,as introduced,Hernandez.County of Los Angeles: sanitation districts. The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment,and disposal. This bill would authorize specified sanitation districts in the County of Los Angeles, to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature hereby finds and declares all of 2 the following: 3 (a) The county sanitation districts of Los Angeles County 4 (sanitation districts) were established in 1923 under the County 99 SB 485 —2— 1 Sanitation District Act(Chapter 3(commencing with Section 4700) 2 of Part 3 of Division 5 of the Health and Safety Code). 3 (b) The sanitation districts provide regional solid waste 4 management and wastewater collection and treatment services for 5 5.5 million people in 78 cities and unincorporated communities. 6 (c) Eighty-four cities in Los Angeles County, the Los Angeles 7 County Flood Control District, and Los Angeles County 8 unincorporated areas are all regulated under a permit for the 9 Municipal Separate Storm Sewer System(MS4),the most recent 10 of which was adopted by the California Regional Water Quality 11 Control Board, Los Angeles Region, in December 2012. 12 (d) The City of Long Beach is regulated under its own permit 13 for its MS4,the most recent of which was adopted by the regional 14 board in February 2014. 15 (e) The MS4 is a large interconnected system that encompasses 16 over 3,000 square miles, and is controlled in large part by the Los 17 Angeles County Flood Control District and used by multiple cities 18 along with Los Angeles County. 19 (f) The Los Angeles County Flood Control District is primarily 20 focused on operation and maintenance of the larger, downstream 21 MS4 infrastructure into which the smaller, upstream city MS4 22 infrastructure discharges. 23 (g) This extensive system conveys stormwater and 24 non-stormwater across municipal boundaries where it is 25 commingled within the MS4 and then discharged to receiving 26 water bodies,such as the Los Angeles River and San Gabriel River. 27 (h) It will be necessary for the cities,Los Angeles County Flood 28 Control District, and Los Angeles County to spend millions of 29 dollars per year to comply with the Los Angeles Region MS4 30 permits. 31 (i) The Los Angeles Region MS4 permits prohibit the discharge 32 of non-stormwater discharges to MS4 (unless authorized under 33 another permit or specifically exempted from the MS4 permit), 34 and one management technique that can be effective in cleaning 35 up non-stormwater discharges is to divert dry weather runoff into 36 the sanitary sewer system, if sewer and treatment plant capacity 37 are available and other regulatory requirements are met. 38 (j) Many of the cities, the Los Angeles County Flood Control 39 District, and Los Angeles County are preparing watershed 40 management plans and enhanced watershed management plans in 99 —3— SB 485 1 order to identify stormwater and dry weather urban runoff projects 2 and activities that will bring the MS4 under their jurisdiction into 3 compliance with the Los Angeles Region MS4 permits. 4 (k) The presiding officers of the cities and the Chairman of the 5 County Board of Supervisors serve as members of the boards of 6 directors of the sanitation districts. 7 (1) The administrative board of directors of the sanitation 8 districts formally requested that the Sanitation Districts seek the 9 authority to use its civil engineering and water quality expertise 10 to help the cities and county manage stormwater and dry weather 11 urban runoff in order to comply in an efficient and effective manner 12 with the Los Angeles Region MS4 permit. 13 (m) Because of the unique circumstances of the sanitation 14 districts and the Los Angeles Region MS4, special legislation is 15 necessary to augment the sanitation districts' powers under the 16 County Sanitation District Act. 17 SEC. 2. Section 4730.68 is added to the Health and Safety 18 Code, to read: 19 4730.68. (a) This section applies only to county sanitation 20 district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 21 22, 23,27,28,29,and 34 of Los Angeles County,Newhall Ranch 22 Sanitation District, South Bay Cities Sanitation District of Los 23 Angeles County, and Santa Clarita Valley Sanitation District of 24 Los Angeles County, and any new county sanitation district 25 subsequently formed in the County of Los Angeles. The powers 26 granted in this section supplement the existing powers of each 27 district. 28 (b) A district may acquire, construct, operate, maintain, and 29 furnish facilities for any of the following purposes: 30 (1) The diversion of stormwater and dry weather runoff from 31 the stormwater drainage system within the district. 32 (2) The management and treatment of the stormwater and dry 33 weather runoff. 34 (3) The discharge of the water to the stormwater drainage system 35 or receiving waters. 36 (4) The beneficial use of the water. 37 (c) In order to carry out the powers and purposes granted under 38 this section,the district may exercise any of the powers otherwise 39 granted to a district by this chapter to the extent those powers may 40 be made applicable. 99 SB 485 —4--- 1 1 (d) This section does not affect any obligation of a district to 2 obtain a permit that may be required by law for the activities 3 undertaken pursuant to this section. 4 (e) For purposes of this section,"stormwater"and"dry weather 5 runoff'have the same meaning as in Section 10561.5 of the Water 6 Code. 7 (1) Nothing in this section shall be construed to require any local 8 agency to participate,financially or otherwise,in a project pursued 9 under the authority granted by this section. 10 (g) This section is not intended to alter any of the following: 11 (1) Existing water rights, including any adjudicated rights. 12 (2) Existing water rights law. 13 (3) Any rights,remedies,or obligations that may exist pursuant 14 to Article 1 (commencing with Section 1200) of Article 1.5 15 (commencing with Section 1210)of Chapter 1 of Part 2 of Division 16 2 of the Water Code, or Chapter 8.5 (commencing with Section 17 1501)of Part 1 of Division 1 of the Public Utilities Code. 18 SEC. 3. The Legislature finds and declares that a special law 19 is necessary and that a general law cannot be made applicable 20 within the meaning of Section 16 of Article IV of the California 21 Constitution because of the unique circumstances of the County 22 Sanitation Districts of Los Angeles County. 0 99 ' /::::-,---;:--,-,-',,,,,� MEMBERS OF THE BOARD COUNTY OF LOS ANGELES i - , BOARD OF SUPERVISORS HILDA L.SDLIS o _ '" ' KENNETH HAHN HALL OF ADMINISTRATION MARK RIDLEY-THOMAS x!i 500 WEST TEMPLE STREET,ROOM 383 �- LOS ANGELES,CALIFORNIA 90012 (213)974-1411•FAX(213)633-5100 SHEILA KUEHL DON KNABE PATRICK OGAWA ACTING EXECUTIVE OFFICER MICHAEL 0,ANTONOVICH February 6, 2015 The Honorable Joseph Romero Rocha Mayor, City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Dear Mayor Rocha: We are writing to encourage your city to pass a resolution in support of the Los Angeles Air Force Base (LAAFB) and the Space and Missile Systems Center (SMC), which would be sent to Secretary of Defense Charles Nagel and Secretary of the Air Force Deborah Lee James. Adopting such a resolution would be especially timely because the President's recently released Budget proposes a new round of base closures using the Base Realignment and Closure (BRAC) process—the process which was previously used to close military facilities in Los Angeles County. Retaining Los Angeles Air Force Base and the Space and Missile Systems Center in Los Angeles County is critically important to our regional economy and the Nation's defense. Our County lost valuable military facilities in previous BRAC rounds, including the Long Beach Naval Station in 1991 and the Long Beach Naval Shipyard in 1995. Moreover, the LAAFB and SMC were previously targeted by BRAC, and directly employ 5,879 military, civilian, and contractor workers and indirectly employ another 11,776 County residents. Therefore, if LAAFB and SMC are realigned or closed, the County would lose thousands of jobs and the approximately $1.8 billion that these vital facilities contribute to our regional economy. The Los Angeles Air Force Base and the Space and Missile Systems Center are also critical assets to the aerospace industry and America's ability to design the military technology necessary to provide for our national defense. LAAFB is of significant national military value because it houses the SMC, which oversees research, development, and acquisitions for U.S. military space systems, and manages the launch of satellites for important national security programs. The Honorable Joseph Romero Rocha February 6, 2015 Page 2 Because LAAFB is in our County, it enjoys unparalleled built-in benefits including close proximity to a network of aerospace and defense companies, including Northrop Grumman, Lockheed Martin, Boeing, Raytheon, Honeywell, and others, as well as access to a highly skilled and educated workforce. Moreover, the LAAFB is a Los Angeles icon which keeps our County connected to the U.S. armed forces and the women and men who keep us safe. We, therefore, respectfully request that your city pass a resolution to the Secretaries of Defense and the Air Force in support of the Los Angeles Air Force Base and the Space and Missile Systems Center. We appreciate your assistance on this important matter. Sincerely, MICHA 7 L D. ANTONOVICH Mayor of the Board HILDA L. SOLIS MARK RIDLEY-T MAS Supervisor, First District Supervisor, Second District Caulk Lulu A116.if SHEILA KUEHL DON KN A BE Supervisor, Third District Supervisor, Fourth District February 2, 2015 Secretary of Defense Chuck Hagel Secretary of the Air Force Deborah Lee James 1400 Defense Pentagon 1690 Air Force Pentagon Washington, DC 20301-1400 Washington, DC 20330-1670 Dear Secretary Hagel and Secretary James, As city leaders within Los Angeles County, we write to express our strong support for the Los Angeles Air Force Base and the critical role it plays in our nation's defense. Los Angeles County has a rich history in aerospace, missile, and defense technology and development. Los Angeles remains the top location for aerospace and defense in the nation because of its expansive supplier base of firms, skilled talent, and unmatched export capacity. Los Angeles' national designation as an advanced aerospace manufacturing community, one of only twelve manufacturing communities selected nationwide, is testament to its strength within this industry as is its recent selection to host the Department of Commerce's first annual National Aerospace Foreign Direct Investment Expo. The Los Angeles Air Force Base (LAAFB) and the Space and Missile Systems Center (SMC) are critical assets to the aerospace industry and the nation's ability to design the military technology necessary to adequately provide for our national defense. The biggest asset to our country's safety, possessed by the LAAFB and SMC, is its unmatched skilled workforce based in Los Angeles. This brain trust, consisting of 5,879 directly employed military, civilian, and contractor workers and 11,776 indirectly employed, has made its home in Los Angeles and would be unlikely to migrate anywhere else if either the LAAFB or SMC moved some of its operations. This localized, highly skilled workforce is essential to the success of the LAAFB and the SMC, and has time and again proven itself crucial to the defense of the United States of America. SMC provides the nation with highly sophisticated intelligence gathering infrastructure that has-significantly contributed to the U.S. military's advancement in missions such as Operation Desert Storm and Operation Iraqi Freedom where SMC was noted as having added "unimaginable speed and precision to American military operations" through the use of space-based surveillance, communications, navigation and meteorology. As national defense continues to rely more on intelligence gathering, the role SMC has played in developing, acquiring, fielding and sustaining our military space systems cannot be overstated. SMC has proven to be a critical infrastructure asset to our national defense both in the past as well as for the foreseeable future. F-15 LAAFB's and SMC's location also bolsters its strategic importance to our national defense due to the following factors: • Los Angeles County remains the top location for aerospace and defense in the nation—home to major prime contractor operations, such as Northrop Grumman, Lockheed Martin, Boeing, Raytheon, and Honeywell, as well as Aerospace Corporation which is physically connected to LAAFB and home to more small and mid-sized companies in the aerospace and defense supply chain than anywhere else in the nation. • Los Angeles County graduates more engineers than any other region and has developed sophisticated programs at community colleges and universities to meet the needs of the aerospace and defense industry well into the future. • Proximity to a significantly large aerospace and defense ecosystem of companies coupled with an unmatched skilled workforce available only in Los Angeles provides LAAFB with unparalleled built-in benefits to advance our nation's defense mission. Los Angeles provides LAAFB and SMC vital talent and connections to the country's largest aerospace manufacturing base. Similarly, the Los Angeles Air Force Base is a Los Angeles icon, keeping our region connected to the armed forces and the women and men who keep our country safe. Neither SMC nor Los Angeles would be as strong without the other. We, the mayors of the cities in Los Angeles County, support the Los Angeles Air Force Base and the Space and Missile Systems Center, and firmly believe any relocation attempt of the SMC would be detrimental to national defense and the mission of the Los Angeles Air Force Base. Sincerely, xis City of jos A Jc LAS ity o' �'1 a nad et-19--W " City of oz, yCity of & i-1 ' City of 71 iiP 1. i"T " City of vh �t.% .�.i ktirk_City of s, � r City 2 F-16 XLL ll'' 'i r, City of Lf1/vll Ci iy SE,a "s. ity of ,41.,ht 1/6 4;.S. (.'.s 'Ci y of /f-. 1 '7 /, . r ).L,--------- a-AL 1 • '71'"•- ity . t , -a �E=.t 777aC City of ..,,„, (. Cit of ofrif,,..1.4,,,,Lt City ovhe..y y ity of no ,w ark City of C Res oiv jJJ / ( y/ Is rr o / , f C o iyienthip—•••-- -or":40Pcx...tst.,, auteee.., f 0 . C of , Gc.-{-2_ ity of 1+ihosa. a► ,i, L a!�` ' .1 r a L ity of ivIA woo h i City of City of,,,Joie. r/g(------3" City of 4/1_,,,,,,,____ .ter► City of ." City of a,,,,....e, , City • 1 e # City of 3 F-17 APPROVED COUNCIL MEETING Date, s I .!.1744.4) S /f ;/ off fir ,>✓/%�r �,f�j f f/ f F .. ,� /� '. AZUSA CONSENT ITEM E-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: AMELIA AYALA,DIRECTOR OF HUMAN RESOURCES&RISK MANAGEMENT VIA: TROY BUTZLAFF,ICMA-CM,CITY MANAGER DATE: MAY 4,2015 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On April 28,2015,the Personnel Board confirmed the following Department Head(s)recommendation regarding the following Personnel Action request(s). A. MERIT INCREASE AND/OR REGULAR APPOINTMENT: DEPARTMENT NAME CLASSIFICATION ACTION/EFF DATE RANGE/STEP BASE MONTHLY SALARY ED/CD Thomas Van Dorn Community Improvement Regular Appt. 4171/5 Inspector 3/3/2015 $4,830.97 B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE RANGE/STEP BASE MO. SALARY Police Ronald Flores II Police Officer Trainee Pending successful completion of 4174/2 background investigation including $4,252.59 a medical and psychological exam F. SEPARATION: The following separations are submitted for informational purposes. DEPARTMENT NAME CLASSIFICATION EFFECTIVE DATE CD/ED Susan Cole Senior Planner 6/01/2015 CD/ED Brent Hale Community Improvement Inspector 4/23/2015 UTL Edgardo Castillo Line Mechanic 04/13/2015 FISCAL IMPACT There is no fiscal impact,as positions listed are funded in approved department budgets. APPROVED COUNC L MEETING Date • AZUSA CONSENT ITEM E-7 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES DATE: MAY 4, 2015 SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CIVICPLUS TO UPGRADE WEBSITE CONTENT MANAGEMENT SYSTEM AND REDESIGN CITY'S WEBSITE SUMMARY The City's current website was created by CivicPlus in 2008 using a content management system that is now inefficient and cumbersome to use. CivicPlus has developed a newer version of their website content management system which is more robust and offers many new features including mobile formatting and mobile APP integration. This action will approve a Professional Services Agreement with CivicPlus to upgrade the website content management system, redesign the City's website and provide on-going support and future redesign services. RECOMMENDATION It is recommended that the City Council take the following actions: 1) Approve a Professional Services Agreement with CivicPlus in the amount of$36,100 to upgrade and redesign the City's website; 2) Authorize the Mayor to execute, in a form acceptable to the City Attorney, a Professional Services Agreement on behalf of the City. BACKGROUND The City's current website was designed by CivicPlus and is based on an old legacy platform that is inefficient and difficult to use. CivicPlus has a new platform that will enable the City to stay current with new technology. More importantly, by moving to the new platform, the City will be able to completely redesign the website, which will give us a new"look and feel" and a custom integrated mobile APP that will allow mobile functionality that is completely integrated with what we offer on our existing website. CivicPlus, which has been the City's website design and hosting firm since 2008, specializes in creating municipal web site solutions that utilize the latest technologies in content management and design. Some of the key features of their new content management system include: social media integration, e-commerce solutions, integrated web forms, centralized content management, online facility rentals and a responsive design for mobile devices. The CivicPlus content management system differs from other content management software solutions in that it has been created and optimized solely for use by government entities. Over 1,800 public agencies use the website content management system by CivicPlus. The initial build-out cost of the new web site is $36,100. The CivicPlus proposal is based on the General Service Administration's (GSA) pricing schedule. Section 2-523 of the City's Municipal Code allows for an exemption to the competitive bidding requirements if it is determined that a competitive bid procedure has been conducted by another public agency (e.g. through CMAS or GSA). In addition, Staff is recommending that the City take advantage of a redesign package that will entitled the City to a redesign and future upgrades to their content management system. Under this package the City will be able to make annual payments of$3,400 over the next four years. This will insure that the City's website keeps up with changes in technology and is refreshed and updated in 48 months. FISCAL IMPACT Funding for the upgrade and first redesign payment is budgeted in 31407029207142; the annual redesign will be budgeted in 48499300006415 and 48499420006415 computer software support. Prepared by: Ann Graf Director of Information Technology and Library Services Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachments: Professional Services Agreement and GSA Catalog. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 5th day of May, 2015 by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 ("City") and Icon Enterprises, Inc., d/b/a CivicPlus, a [KANSAS CORPORATION with its principal place of business at 302 S. 4th Street, Suite 500, Manhattan, KS 66502 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party"and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing WEBSITE REDESIGN services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the UPGRADE OF WEBSITE project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Website Redesign consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from May 5th 2015 to November 30,2015, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 2 of 16 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates Ann Graf Director of Information Technology and Library Services, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 3ofl6 3.2.6 Consultant's Representative. Consultant will designate a project manager, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 4 of 16 performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 5 of 16 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant's non-compliance with the laws, regulations and policies described in this Section, 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 6 of 16 unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or(2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 7 of 16 for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. Upon the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative,the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 8 of 16 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: ( (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 9 of 16 payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 10 of 16 documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed thirty six thousand one hundred dollars ($36,100) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City an invoice for 1/3 of the one time fee at signing; 1/3 of the one time fee at the website presentation (design); and the final 1/3 of the one time fee along with the annual increase will be invoiced at website go live. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 11 of 16 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within thirty(30) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, the City will own the Customer Content. The City will not own the GCMS® software or its associated applications and modules. Upon completion of the development of the site, the City will assume full responsibility for website content maintenance and content administration. The City, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. The City shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet "links" to the GCMS® software or"frame" or "mirror" any GCMS® administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS® software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of CivicPlus, and no right or license is granted to use them. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 12 of 16 professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use—Does not apply 3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method,process,product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. The City agrees to allow CivicPlus to display a "Powered by CivicPlus" insignia and web link at the bottom of their web pages. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Icon Enterprises, Inc., d/b/a CivicPlus 302 S. 4th Street, Suite 500 Manhattan, KS 66502 Attn: Accounting Department City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 13 of 16 Attn: Ann Graf, Department of Information Technology Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant's own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 14 of 16 subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 15 of 16 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.19 Federal Provisions Does not apply [SIGNATURES ON NEXT PAGE] 8513273_1 Icon Enterprises, Inc., d/b/a CivicPlus Page 16 of 16 CITY OF AZUSA Icon Enterprises d/b/a Civic Plus By:/e2-2-VA <<11 AL, By: ' l(�TZ&A) Joesph Romero Rocha Name AAK) Attest: _(� Title:C)( ( O\v ie_, L Rt C (21 � G��SSicU�� N i citcc Jeffery Lawrence Cornejo Jr. Debora McNew Executive Vice President Professional Services Approved as to Form: Best Best& Krieger LLP By: \ A o Name: 1 i(fl ( con\- City Atto ey coTitle:Vc���C' 8513273_1 EXHIBIT"A" SCOPE OF SERVICES CivicPlus Project Deliverables Desi n&Pro'ect Overview Annual Fee One Time Fee ' • New responsive design presented on Aurora • Redevelop navigation method(may choose top drop-down or other options) • Design setup—wireframe • Print this page option • Email this page option • Breadcrumbs • Sitemap • Redevelop graphic elements of website(Newsflash,FAQs,Calendar,etc.) • Project Management • Testing • Review • Content $3,400 $17,150 o Includes migrating of all existing content and retouching of published pages to ensure new site styles are applied and modules are related to feature columns. o Contact information will be moved to an info advanced area if previously formatted in a right contact layout. o Pages will be moved to coordinate with new menu structure Note:Content will not be rewritten,reformatted or broken up.Additionally,new pages will not be created. • Six hours of webinar group training for 2 people that will be scheduled during the project with other client participants • (3)4 hour days of refresher phone training(for 2 individuals) • Inclusion of all standard modules(see follow page for complete list) Add-On Options _ Interior Themes Optional Subsite Optional Custom Mobile App Optional $1,950 $5,500 (3)Additional Banners Optional $4,500 (9)Additional Graphic Buttons Optional $3,600 12 hours interactive webinar training(up to 6 employees) Optional Media Center Module Optional$1,000 per year Annual Increase $5,350 Total One-Time Fee $30,750 Total Due(depends on payment terms) $36,100 A-1 8513273_1 ANNUAL SUPPORT, MAINTENANCE AND HOSTING SERVICES CURRENT ANNUAL SUPPORT,MAINTENANCE AND HOSTING FEE SERVER STORAGE NOT TO EXCEED 30GB $9,651.60 DOES NOT INCLUDE MEDIA CENTER MODULE STORAGE TOTAL ANNUAL SUPPORT,MAINTENANCE AND HOSTING FEE $9,651.60 (EFFECTIVE UPON CONTRACT SIGNING) SUPPORT,MAINTENANCE&HOSTING SERVICES INCLUDE: SUPPORT MAINTENANCE OF CIVICPLUS HOSTING APPLICATION&MODULES 7 A.M.-7 P.M.(CST)MONDAY-FRIDAY INSTALL SERVICE PATCHES FOR OS SHARED WEB/SQL SERVER (EXCLUDING HOLIDAYS) SYSTEM ENHANCEMENTS DNS CONSULTING&MAINTENANCE 24/7 EMERGENCY SUPPORT FIXES MONITOR BANDWIDTH-ROUTER TRAFFIC DEDICATED SUPPORT PERSONNEL IMPROVEMENTS REDUNDANT ISP 2-HOUR RESPONSE DURING NORMAL INTEGRATION REDUNDANT COOLING HOURS USABILITY IMPROVEMENTS TESTING DIESEL POWERED GENERATOR INTEGRATION OF SYSTEM ENHANCEMENTS DEVELOPMENT DAILY TAPE BACKUP PROACTIVE SUPPORT FOR UPDATES& USAGE LICENSE INTRUSION DETECTION&PREVENTION FIXES ONLINE TRAINING MANUALS ANTIVIRUS PROTECTION MONTHLY NEWSLETTERS UPGRADE HARDWARE ROUTINE FOLLOW-UP CHECK-INS CIVICPLUS CONNECTION A-2 8513273_1 EXHIBIT"B" Typical Project Timeline Timeline Phase 1 -Website Optimization 4-6 weeks Includes:Needs assessment,best practices,and takeaways assigned. Phase 2-Website Layout Includes:Layout presentation,mood board and main navigation review,design feedback meeting and 3-5 weeks approval and takeaways assigned. Phase 3 Website Reveal Includes:Presentation of a functional website based on goals,recommendations and combined vision; 3-5 weeks final approval and takeaways assigned. Phase 4—Customized Training 3-4 week Includes:Customized to give your staff the skills they need to maintain your website. Phase 5-Go Live 3-5 weeks 1 - 4Weeks bsit+l ur ch (On Average) B-1 8513273_1 EXHIBIT"C" COMPENSATION Billing & Payment Terms 1. The City has selected the CP Basic Recurring Redesign Package, which includes a CP Basic design upon contract signing and eligibility for a CP Basic Redesign. The City will be invoiced 1/3 of the one time fee at signing; 1/3 of the one time fee at the website presentation(design); and the final 1/3 of the one time fee along with the annual increase will be invoiced at website go live. Project details can be found in Exhibit A. 2. After initiation of this CP Basic Redesign Package contract, The City will begin building eligibility for a CP Basic redesign. After 48 months under the terms of this contract and associated pricing, The City will be fully eligible for a CP Basic Redesign. 3. The City shall sign a project completion and acceptance form prior to the project go-live. The date may be extended if material system or operational failures are encountered. All Parties agree that the website will not go-live until the project is accepted in writing by the The City. 4. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the City's budget year. 5. Fees for the CP Basic Recurring Redesign Package are invoiced prior to the year of service. They are due by the first of the following month, but no sooner than 45 days from invoice date. 6. Project development will be discontinued if payment is not made within 45 days after the invoice due date. 7. Should the City fail to meet any deadlines mutually agreed upon in the timeline meeting both parties will mutually agree to extend the affected milestone dates. CivicPlus will not be held liable under this Agreement for any delay caused by the City. Should delays caused by the City extend the website redesign go live date by more than 30 days past the originally agreed upon date the City can select one of the following options: a. The City will pay annual fees for the current live website and the redesigned website under development, as both are being hosted on our servers. b. Annual Services will be discontinued for the current live website (website will no longer be accessible to the public or The City). 8. After project go-live, if the City's account exceeds 60 days past due, Support will be discontinued until the City's account is made current. If the City's account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued until the City's account is made current. The City will be given 30 days notice prior to discontinuation of services for non-payment. 9. The City will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the City will be charged a$5.00 convenience fee. 10. Unless otherwise limited by law, a finance charge of 2.9 percent(%) per month or$5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 11. Provided the City's account is current, at any time the The City may request an electronic copy of the website graphic designs,the page content, all module content, all importable/exportable data, and all archived information("Customer Content"). The City C-1 8513273_1 agrees to pay $250 per completed request. 12. The City acknowledges and agrees that certain services for which the City is contracting hereunder may be rendered by or with third-party providers under contract with CivicPlus, and thus the cost of such services hereunder is dependent upon the financial arrangements between CivicPlus and such third-party providers. The City acknowledges and agrees that the price to the City for the services hereunder may be reasonably adjusted at any time, at CivicPlus' sole discretion, to reflect an increase in cost to CivicPlus as a result of its financial arrangement with a third-party provider. The City acknowledges and agrees that this Agreement as so modified will continue in full force and effect as otherwise provided herein, and that The City will pay any such increased price according to such other payment terms hereof. 13. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent (%) of the total Annual Support, Maintenance & Hosting costs will be applied C-2 8513273_1 AUTHORIZED FEDERAL ACQUISITION SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES SIN 132-51 -INFORMATION TECHNOLOGY(IT) PROFESSIONAL SERVICES FPDS Code D302 IT Systems Development Services FPDS Code D308 Programming Services FPDS Code D311 IT Data Conversion Services FPDS Code D317 Creation/Retrieval of IT Related Automated News Services, Data Services,or Other Information Services(All other information services belong under Schedule 76) FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified FPDS Code D316 IT Network Management Services Note 1: All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. Note 2: Offerors and Agencies are advised that the Group 70—Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act.These services include,but are not limited to,architectural,engineering, mapping,cartographic production,remote sensing,geographic information systems,and related services.FAR 36.6 distinguishes between mapping services of an NE nature and mapping services which are not connected nor incidental to the traditionally accepted NE Services. Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services,except for the provision of implementation,maintenance,integration,or training services in direct support of a product.Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. CIcon Enterprises, Inc. (d/b/a CivicPlus) 317 Houston Street, Suite E Manhattan, KS 66502 Phone: 888-228-2233 Fax: 785-587-8951 Email: bids@civicplus.com Website: www.civicplus.com Contract Number: GS-35F-0124U Period Covered by Contract: December 12,2007—December 11,2017 General Services Administration-Federal Acquisition Service Pricelist current through Modification#Original, dated . Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System.Agencies can browse GSA Advantage! by accessing the Federal Acquisition Service's Home Page via the Internet at http://www.fss.gsa.gov/. Page 2 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) Table of Contents Information for Ordering Offices 4 Special Notice to Agencies 4 Business Participation 4 Geographic Scope of Contract 4 Contractor's Ordering Address and Payment Information 4 Liability for Injury of Damage 5 Statistical Data for Government Ordering Office Completion of Standard Form 279 5 FOB Destination 5 Delivery Schedule 5 Discounts 5 Trade Agreements Act of 1979 6 Statement Concerning Availability of Export Packing 6 Small Requirements 6 Maximum Order 6 Federal Supply Service Information Technology Schedule Contracts 6 Federal Information Technology/Telecommunication Standards Requirements 6 Federal Information Processing Standards Publications(FIPS Pubs) 6 Federal Telecommunication Standards (Fed-Stds) 7 Contract Tasks/Special Requirements 7 Contract Administration for Ordering Offices 8 GSA Advantange! 8 Purchase of Incidental, Non-Schedule Items 8 Contractor Commitments,Warranties and Representations 9 Overseas Activities 9 Blanket Purchase Agreements(BPAs) 9 Contractor Team Arrangements 9 Installation, Deinstallation, Reinstallation 10 Section 508 Compliance 10 Prime Contractor Ordering From Federal Supply Schedules 10 Insurance-Work on a Government Installation(Jan 1997)(FAR 52.228-56) 10 Software Interoperability 11 Advance Payments 11 TERMS AND CONDITIONS APPLICABLE TO IT PROFESSIONAL SERVICES 12 Scope 12 Performance Incentives 12 Order 12 Performance of Services 12 Stop-Work Order 13 Page 3 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) Inspection of Services 13 Responsibilities of Systems for Environmental Management,Inc. 13 Responsibilities of the Government 14 Independent Contractor 14 Organizational Conflicts of Interest 14 Invoices 14 Payments 14 Resumes 15 Incidental Support Costs 15 Approval of Subcontracts 15 Description of IT Services and Pricing 15 Commitment to Promote Small Business Participation 22 Page 4 of 22 cooIcon Enterprises, Inc.(d/b/a CivicPlus) INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Acquisition Service.To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals,the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!T"" online shopping service(www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage!TM and the Federal Acquisition Service Home Page(www.fss.gsa.gov)contain information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold,customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. GEOGRAPHIC SCOPE OF CONTRACT: Domestic delivery is delivery within the 48 contiguous states,Alaska, Hawaii, Puerto Rico,Washington, DC, and U.S.Territories. Domestic delivery also includes a port or consolidation point,within the aforementioned areas,for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states,Washington, DC,Alaska, Hawaii, Puerto Rico, and U.S. Territories. Offerors are requested to check one of the following boxes: [X] The Geographic Scope of Contract will be domestic and overseas delivery. [] The Geographic Scope of Contract will be overseas delivery only. [] The Geographic Scope of Contract will be domestic delivery only. For Special Item Number 132-53 Wireless Services ONLY, if awarded, list the limited geographic coverage area: Page 5 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) 2. CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION: CivicPlus Attn:Contract Manager 317 Houston Street, Suite E Manhattan,KS 66502 Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be acceptable for payment above the micro- purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s)can be used by ordering activities to obtain technical and/or ordering assistance: 888-228-2233 3. LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. 4. STATICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System(DUNS)Number: 883003113 Block 30: Type of Contractor-B. Other Small Business Block 31:Woman-Owned Small Business-No Block 36: Contractor's Taxpayer Identification Number(TIN): 48-1202104 4a. CAGE Code: 02569 4b. Contractor has registered with the Central Contractor Registration Database. 5. FOB DESTINATION 6. DELIVERY SCHEDULE a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order(ARO), as set forth below: SPECIAL ITEM NUMBER DELIVERY TIME(Days ARO) 132-51 As Agreed by Ordering Agency b. URGENT REQUIREMENTS:When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits,to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to Page 6 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) the ordering activity,any order(s)placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 7. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted. a. Prompt Payment: 0% -30 days from receipt of invoice or date of acceptance,whichever is later. b. Quantity: None c. Dollar Volume: additional 2%discount for orders over$200,000. d. Government Educational Institutions are offered the same discounts as all other Government customers. e. Other 8. TRADE AGREEMENTS ACT OF 1979, as amended: All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended. 9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: 10. Small Requirements: The minimum dollar value of orders to be issued is$ 100. 11. MAXIMUM ORDER(All dollar amounts are exclusive of any discount for prompt payment.) a. The Maximum Order value for the following Special Item Numbers(SINs)is$500,000: Special Item Number 132-51 -Information Technology(IT)Professional Services 12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation(FAR)8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies,and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS: ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate(reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards(FIPS)or Federal Telecommunication Standards(FED-STDS),which are cited by ordering activities, shall be responded to promptly by the Contractor. 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS(FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards(FIPS)should not be acquired unless a waiver has been granted in accordance with the applicable"FIPS Publication."Federal Information Processing Standards Publications(FIPS PUBS)are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should Page 7 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) be obtained from the National Technical Information Service(NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number(703)487-4650. 13.2 FEDERAL TELECOMMUNICATION STANDARDS(FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards(FED-STDS)should not be acquired unless a waiver has been granted in accordance with the applicable"FED-STD."Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology(NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition Service, Specification Section,470 East L'Enfant Plaza, Suite 8100, SW,Washington, DC 20407, telephone number(202)619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899,telephone number(301)975-2833. 14. CONTRACTOR TASKS/SPECIAL REQUIREMENTS(C-FSS-370)(NOV 2001) (a) Security Clearances:The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract.All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel:The Contractor may be required to travel in performance of orders issued under this contract.Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule.The Industrial Funding Fee does NOT apply to travel and per diem charges. NOTE: Refer to FAR Part 31.205-46 Travel Costs,for allowable costs that pertain to official company business travel in regards to this contract. (c) Certifications, Licenses and Accreditations:As a commercial practice,the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered.All costs associated with obtaining/possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance:As a commercial practice,the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered.All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel:The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. Page 8 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) (f) Organizational Conflicts of Interest:Where there may be an organizational conflict of interest as determined by the ordering agency,the Contractor's participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders,standards and documentation as specified by the agency's order. (h) Data/Deliverable Requirements:Any required data/deliverables at the ordering level will be as specified or negotiated in the agency's order. (i) Government-Furnished Property: As specified by the agency's order,the Government may provide property, equipment, materials or resources as necessary. (j) Availability of Funds: Many Government agencies'operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government's obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. 15.CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs(I)Termination for the ordering activity's convenience, and (m)Termination for Cause(See C.1.) 16.GSA ADVANTAGE! GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors'schedule prices with ordering information. GSA Advantage!will allow the user to perform various searches across all contracts including, but not limited to: (1) Manufacturer; (2) Manufacturer's Part Number;and (3) Product categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape).The Internet address is http://www.fss.gsa.gov/. 17. PURCHASE OF OPEN MARKET ITEMS NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs(Other Direct Costs)are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f). Page 9 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) For administrative convenience,an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule(MAS)--referred to as open market items--to a Federal Supply Schedule blanket purchase agreement(BPA)or an individual task or delivery order, only if- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed(e.g., publicizing(Part 5), competition requirements(Part 6), acquisition of commercial items(Part 12), contracting methods (Parts 13, 14, and 15),and small business programs(Part 19); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. CONTRACTOR COMMITMENTS,WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract,commitments,warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation quotations for individual orders; (2) Technical representations and/or warranties of products concerning performance,total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description,drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: Upon request of the Contractor,the ordering activity may provide the Contractor with logistics support,as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. BLANKET PURCHASE AGREEMENTS(BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established Page 10 of 22 C p Icon Enterprises, Inc.(d/b/a CivicPlus) is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). 21. CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts.This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor(team member)must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION, DEINSTALLATION, REINSTALLATION The Davis-Bacon Act(40 U.S.C. 276a-276a-7)provides that contracts in excess of$2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair(including painting and decorating)of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor.The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction,alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act.The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. 23. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology(EIT)at the following: www.civicp/us.com The EIT standard can be found at: www.Section508.gov/. 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors(on cost reimbursement contracts)placing orders under Federal Supply Schedules,on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order— (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract(unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: Page 11 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) This order is placed under written authorization from dated . In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract,the latter will govern. 25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe;or (2)Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph(c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors'proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 26. SOFTWARE INTEROPERABILITY. Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C.3324) Page 12 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY(IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) 1. SCOPE a. The prices,terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location,as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. c. Incentives should be designed to relate results achieved by the contractor to specified targets.To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders,or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19(Deviation—May 2003)Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s)the travel is Page 13 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP-WORK ORDER(FAR 52.242-15)(AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination f or Convenience of the Government,clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to,the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided,that, if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES The Inspection of Services—Fixed Price(AUG 1996)(Deviation—May 2003)clause at FAR 52.246-4 applies to firm-fixed price orders placed under this contract. The Inspection—Time-and-Materials and Labor-Hour(JAN 1986)(Deviation—May 2003)clause at FAR 52.246-6 applies to time-and-materials and labor-hour orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations(Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software,then FAR 52.227-14 (Deviation—May 2003)Rights in Data—General, may apply. Page 14 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Services. 9. INDEPENDENT CONTRACTOR All IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor"means the person, firm, unincorporated association,joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates"and"Contractor or its affiliates"refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates, may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii) impair the Contractor's or its affiliates'objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations,which may require restrictions,are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7(DEC 2002), (Alternate II—Feb 2002)(Deviation—May 2003)applies to time-and-materials orders placed under this contract. For labor- hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7(DEC 2002), (Alternate II—Feb 2002)(Deviation—May 2003))applies to labor-hour orders placed under this Page 15 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) contract. 52.216-31(Feb 2007)Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3), insert the following provision: (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b)The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1)The offeror; (2)Subcontractors;and/or (3)Divisions,subsidiaries, or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract.The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT SERVICES AND PRICING a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51. IT Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles(labor categories)for those individuals who will perform the service should be provided. Icon Enterprises'divisions,CivicPlus and Networks Plus,are recognized leaders in the IT field. CivicPlus is identified as a top international provider of quality government websites.We provide a comprehensive service package that ensures efficient website development and management. More than 75 percent of U.S.residents are connected online,and as such,the web has become the default communication channel of choice for a vast majority of people, including your constituents,or as we call them,your customers.They want to conduct their business–including government business–online.Your website should engage your community and we make that engagement happen. We help you evaluate how well you are engaging your community through your website,then we help you improve.We do that through making local government more transparent,encouraging citizens to get active and take ownership of local issues by utilizing communication methods we build into your website,and giving them a voice that in turn lets you hear your citizens'are ideas and concerns. Page 16 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) Our services give you the necessary tools to make sound website-related business decisions and provide the best service for your site visitors. CivicPlus' primary service is its Government Content Management System,which encompasses a robust and scalable content management system, numerous included modules that are flexible to your defined needs,and a service& support package that is unrivaled. Our Services Include: • Expert Website Consultation Our professional staff will analyze and evaluate the usability, functionality, and effectiveness of your current website. • Professional Website Design A team of highly skilled graphic designers work with you to create a unique website that is specific to your community. The website will be very easy to read and navigate for every user and you can add any number of submenus and subpages. •Sophisticated Content Management System The flexible CivicPlus Government Content Management System(GCMS)makes it easy to upload new content and keep a consistent page layout through use of either:Page Wizard, Online Editor which includes a WYSIWYG interface for editing content,HTML upload and Live Edit. •Amazing Tools We offer a number of tools designed to boost engagement and interaction from your community. These include the Citizen Request Tracker, Calendar, Facilities and Reservations,EPayment Center and Community Voice.A number of these tools are also available as applications on mobile devices. • Detailed Training Program Our extensive training program provides you with valuable tools and hands-on experience that is necessary for you to maintain your website at a first-class level. • Comprehensive Support System We offer a combination of support services to provide you with a 24-hour, seven days a week support system consisting of service updates, monthly e-newsletters, e-mail and telephone support.At CivicPlus you will never get caught up in a ceaseless phone tree;you will talk to real people right away. Networks Plus is Kansas' leader in networking, business-level computer support, and custom networking. Employing a highly qualified and certified staff, Networks Plus delivers expert consultation, workstation and server maintenance,custom networking solutions,and wireless opportunities. Every technician holds multiple industry-standard certifications,and our partnership with Microsoft ensures that the customer receives the highest level of quality and customer satisfaction. Our Services Include: • PC Services Networks Plus performs maintenance on workstations,sets up new workstations, and integrates workstations into the network. Page 17 of 22 coo Icon Enterprises, Inc.(d/b/a CivicPlus) •Server/Network Services Performing work on servers and admin-level permissions, Networks Plus sets up new servers, maintains existing servers, and secures the network against intrusion. •Wireless Services Our staff of trained and certified network technicians will easily install, upgrade, or maintain your wireless network. •Consulting Offering senior-level consulting services to design and develop networks, Networks Plus' technicians effortlessly plan out your network to your specifications. • Hardware&Software Requisition Using its own distributors, our firm will supply you with the latest hardware and software, building it to your specifications and integrating it into your network. b. Pricing for all IT Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices. JOB TITLE: CONTENT DEVELOPER Minimum/General Experience: Experience navigating the internet and with Microsoft Office, strong attention to detail, excellent writing skills to include spelling and grammar, ability to handle multiple projects at the same time. Functional Responsibility: Content developers are responsible for the development and editing of nearly all text that is displayed on the websites we develop.This includes working with the clients to ensure that the most current and useful information is available in a clear and easy-to-read display. Developers must be able to meet deadlines and work self-sufficiently to complete the task assigned to them. • Edit and/or develop web-based content for our government-based clientele • Participate in Content Development department meetings to discuss new strategies/methods of content development • Work with the Content Department Manager and Senior Content Developers to ensure that the information being developed is in accordance with client standards/desires • Provide content recommendations and suggestions to Senior Content Developers per site • Provide weekly summary of questions to Senior Content Developers to provide to client per project • Track development of pages and supporting elements each week • Be task-minded and complete projects by proposed deadlines JOB TITLE: NETWORK CONSULTANT Minimum/General Experience: 5 Years job-related. Functional Responsibility: Network Consultant's provide sound advice for present and future needs of a company regarding their servers, backup solutions, network equipment, PCs, and additional hardware and software. Consultant should be able to provide several options to each situation to give customers different options. Minimum Education: Bachelor's Degree or Equivalent Experience Page 18 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) JOB TITLE: PC TECHNICIAN Minimum/General Experience: 2-3 Years job-related preferred. Functional Responsibility: Technicians are responsible for installing and diagnosing hardware and software issues.They should be able to determine hardware or software issue using beep codes, event logs, and other means.Technician should be able to install, repair, and fix operating systems from Windows 95-Windows Vista, printers, and install drivers for additional hardware such as: • Monitors • Scanners • Other hardware devices. Minimum Education: Associates Degree or Equivalent Experience JOB TITLE: PROJECT MANAGER Minimum/General Experience: 6 months to 1 year of customer service experience,experience with Microsoft Office. Functional Responsibility: The Project Manager is responsible for the development and monitoring of client projects.This position is the primary contact for clients from the time the small project is received from the client until completion, coordinating all internal CivicPlus resources to ensure small client projects are completed on time. The Project Manager also owns the"client experience"throughout. • Creates and executes project work plans and revises as appropriate to meet changing needs and requirements. • Reviews deliverables prepared by team before passing to client. • Facilitates team and client meetings effectively. • Resolves and/or escalates issues in a timely fashion. • Understands how to communicate difficult/sensitive information tactfully. • Suggests areas for improvement in internal processes along with possible solutions. • Ensures timely and accurate invoicing • Understands our pricing model and billing procedures. • Inspires coworkers to attain goals and pursue excellence. • Sets and manages client expectations. • Develops lasting relationships with client personnel that foster client ties. • Communicates effectively with clients to identify needs and evaluate alternative business solutions. • Continually seeks opportunities to increase customer satisfaction and deepen client relationships. • Builds a knowledge base of each client's business,organization and objectives. JOB TITLE: SERVER AND NETWORK TECHNICIAN Minimum/General Experience: 3-5 Years job related. Functional Responsibility: Must be able to do all the functions of a PC technician plus:Troubleshoot and configure servers, network equipment such as switches, routers, tape drives.Ability to install and configure Server operating systems from Windows NT to 2003, active directory, and backup software (Veritas, Symantec BackupExec, or ArcServe).Ability to use the 7 layer OSI model to diagnose and fix network issues such as lost packets,filtering, and segmenting. Minimum Education: Associates Degree or Equivalent Experience Page 19 of 22 col Icon Enterprises, Inc.(d/b/a CivicPlus) JOB TITLE: TRAINER Minimum/General Experience: Strong communication skills, 2+years of training and/or educational experience,familiarity with local government entities and knowledge of their practices. Functional Responsibility: Train new and current clients in the CivicPlus Government Content Management System and its practices through on-site visits, phone, and various media including webinars, as well as direct contact/communication with various clients and departments • Manage a travel schedule for him/herself • Update and manage client training schedules with the cooperation of the Project Management Team, Manager of Training and Consulting,and the Director of Operations.This includes: o Client phone and on-site training and consulting assignments o Training staff meetings o Internal staff trainings • Update the training team with regards to methods,website"best practices", and issues with the current system. • Attend in house staff meetings as assigned • Stay informed with current issues and difficulties with the GCMS as well as announcements for new functionality. • Other duties as assigned JOB TITLE: WIRELESS NETWORK TECHNICIAN Minimum/General Experience: 2-3 Years job-related Functional Responsibility: Technician shall perform all duties of PC and Server and Network Technicians as well as the following: • Install wireless components such as access points and routers • Know the difference between frequencies and best suited antennas(Yagi or Omni) • Technician should be able to configure,filter, and troubleshot wireless network • Knows how to filter according to MAC, IP address scheme,or proxy • Knows how to place wireless equipment to get best service. Minimum Education: Associates Degree or Equivalent Experience JOB TITLE: WRITER Minimum/General Experience: 5-10 years business experience in any of the following: public relations, marketing or advertising, excellent written and verbal communication skills, excellent customer service skills, good organization and time management skills, advanced understanding of punctuation, grammar and organization, background in AP-style writing, engaging, high energy person with proven leadership ability and sharp business acumen, knowledge of basic html, knowledge of social media; interactive media, attention to detail, ability to write and develop many types of content and copy in a very fast-paced environment, proficient in Microsoft Office Suite. Functional Responsibility: This position is responsible for maintaining CivicPlus'reputational equity among the media, prospects,clients and employees through various public relations and corporate communications efforts. • Write interesting and effective press releases, prepare information for media kits • Develop and maintain company internet or intranet web pages. Page 20 of 22 CIcon Enterprises, Inc.(d/b/a CivicPlus) • Develop and maintain the company's corporate image and identity,which includes the use of logos and signage. • Draft speeches for company executives, and arrange interviews and other forms of contact for CivicPlus subject matter experts. • Work with clients on developing testimonials and case studies for publication; ability to write case studies, articles and newsletters for internal and external use. Minimum Education: B.S. or B.A. in Public Relations, Marketing, Journalism, Communications, Business or related field JOB TITLE: GRAPHIC DESIGNER Minimum/General Experience: Experience with Adobe Photoshop,Adobe Illustrator, and Adobe InDesign. Functional Responsibility: The graphic designer is responsible for the revision process on client designs, prepping web designs for programming,additional graphics needed for clients and in-house departments. • Collaborate with lead design on the execution of revisions and prepping .psd files. • Consistent quality production of graphic material • Creative application of elements while maintaining the style set by lead design • Completion of projects on deadline • Innovative ideas for new product development • Giving full attention to what other people are saying,taking time to understand the points being made, asking questions as appropriate • Observing, receiving, and otherwise obtaining information from all relevant sources. • Developing constructive and cooperative working relationships with others and maintaining them over time. Minimum Education: Bachelor of Art degree JOB TITLE: PROGRAMMER Minimum/General Experience: 1 year experience in each of ASP or ASP.NET, SQL, HTML, CSS, and JavaScript. Functional Responsibility: Develop and maintain high levels of code behind the Government Content Management System (GCMS) • Add new functionality to enhance the performance and features of the GCMS • Replicate and root cause of bugs within the system including code problems, browser compatibility, standards issues,and user created content problems • Research and development of new technologies that can enhance the performance, extend the capabilities,or ease the maintenance of the GCMS • Define functional and technical requirements for new projects and changes to the current system • Technical consulting • Design consulting to gear site designs towards web standards, performance,and general usability • Internal training for new functionality • Internal support for how the GCMS works • Setup new servers • Setup new sites including the setup on the servers and the layout template for individual sites Page 21 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) • Performance monitoring of servers and sites Minimum Education: Bachelor's Degree in a Programming related field, or a combination of required knowledge and experience JOB TITLE: WEBSITE CONSULTANT Minimum/General Experience: 5+years in customer service-oriented field. Functional Responsibility: Provide business-sound direction and guidance to customers in the following areas: • Website navigation architecture and engineering • Website design: color choices, prominent elements, and supporting elements • Section 508/ADA compliance • Website readability and usability • Content development • Identifying items for featured use Direct and lead company staff in the following areas: • Website design • Navigation development • Content development • Section 508/ADA compliance • GCMS/module enhancements and upgrades • Assist in shaping company business model • Analyze internal procedures • Reengineer processes for the web • Determine and prioritize desired new features for GCMS or modules Minimum Education: Bachelor's Degree in Related Field or equivalent experience Pricing: Labor Category GSA Hourly Rate with IFF Website Consultant $149.01 Project Manager $135.86 Network Consultant $135.86 Wireless Network Technician $135.86 Programmer $131.48 Graphic Designer $109.57 Writer $109.57 Server and Network Technician $109.57 Trainer $109.57 PC Technician $89.41 Content Developer $80.64 Page 22 of 22 Cp Icon Enterprises, Inc.(d/b/a CivicPlus) USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS PREAMBLE Icon Enterprises, Inc. (d/b/a CivicPlus)provides commercial products and services to ordering activities. We are committed to promoting participation of small, small disadvantaged and women-owned small businesses in our contracts.We pledge to provide opportunities to the small business community through reselling opportunities, mentor-protégé programs,joint ventures,teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women- owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged,and women-owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences,etc.,to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women-owned small businesses to promote and increase their participation in ordering activity contracts.To accelerate potential opportunities please contact Jesse Manning, Phone: 888-228-2233, Fax: 785-587-8951; bids©civicplus.com.