Agenda packet — Baldwin Park City Council, October 18, 2023 (part 1 of 2)

CITY COUNCIL

SPECIAL MEETING
Agenda
October 18, 2023, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.

Please note that, in the event of a technical issue causing a disruption in the call-in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.

Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.

Public Comments
The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.

Public Communication
There is a three-minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].

Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably

foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.

CALL TO ORDER

ROLL CALL

PUBLIC COMMUNICATIONS

OPEN SESSION/STUDY SESSION

Presentation – Inclusionary Housing Feasibility Study Update presented by Ron Garcia, Director of Community Development, Julie Cooper and Ashleigh Kanat -Economic & Planning Systems, Inc.

Presentation – Preferential Parking Districts presented by Enrique C. Zaldivar, Chief Executive Officer and Sam Gutierrez, Director of Public Works.

RECESS CLOSED SESSION

1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956

Case: Rukli, Inc vs City of Baldwin Park Case No. 22STCV28634

Case: K8 Investor Holding, LLC Case No. 2:23-CV-02428-SVW(PVCx) vs City of Baldwin Park

Case: Vides vs City of Baldwin Park Case No. 22STCV11511 Los Angeles Superior Court

2. Conference with Labor Negotiator
Pursuant to California Government Code, Section 54957.6

Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer; Rose Tam. Finance Director; Karina Rueda, Human Resources Manager

Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA)
Baldwin Park Classified Management Employees Association (CMEA)
Baldwin Park Police Management Employees Association
(PMEA)
Baldwin Park Police Association (POA)
Service Employee International Union (SEIU)

3. Conference With Real Property Negotiator
Pursuant to California Government Code, Section 54956.8

Property Address: 14318 Ramona Blvd., Baldwin Park CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: Raul Martinez, Jr. (RM Investments) dba: King Taco Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements

ADJOURNMENT

CERTIFICATION
I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.

Christopher Saenz
City Clerk

For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at [email protected]. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)

CITY COUNCIL

REGULAR MEETING
Agenda
October 18, 2023, 7:00 PM

Electronic devices are to be turned off while meetings are in session.

How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:

In Person

Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

The City Council are also members of the Board of Directors of the Housing Authority, Finance Authority, and the Charitable Relief Foundation which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS

Proclamation – Domestic Violence Awareness Month, presented to Cynthia Espinoza, Community Service Officer

PUBLIC COMMUNICATIONS

CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Treasurer’s Report City (CC) – August 2023
Staff recommends that Council receive and file the Treasurer’s Report for August 2023.

3. Meeting Minutes
It is recommended that the City Council approve the meeting minutes of the Special City Council and Regular City Council held on October 4, 2023.

4. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database (NTD) Reporting Funds for Transit Services for Year 2021
Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreement.

5. Approval of a Professional Services Agreement with Nichols Consulting Engineers for the City of Baldwin Park's Pavement Management System (PMS) Update.

It is recommended that the City Council:

1. Approve the Professional Services Agreement to Nichols Consulting Engineers (NCE) in the amount of $54,500; and

2. Authorize the Mayor and City Clerk to execute the contract with Nichols Consulting Engineers for the development of the PMS updates.

6. Approval of a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker, Landscape Architecture to provide landscape plan check review consulting services.

It is recommended that the City Council approve professional services agreements in substantial form to that attached as Attachment Nos.1-3, subject to any non-substantive changes made by the CEO and City Attorney.

7. Approval of a Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.

It is recommended that the City Council to:
1) Approve Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.; and
2) Authorize the Mayor to Execute the Agreement; and
3) Authorize the Director of Recreation & Community Services to execute any associated documents needed for the Agreement; and
4) Authorize the Director of Finance Director to make necessary budget adjustment.

8. Adoption of Resolution No. 2023-034 to approve Commercial Cannabis Agreement No. 23 - 02 to permit a Commercial Cannabis Cultivation Facility and auxiliary use of self- distribution within the I -C, Industrial Commercial Zone (Location: 5157 Azusa Canyon Road (APN: 8413-001-030); Applicant: Mission Creek Ventures, LLC,; Case Number: CCA 23-02 for CAN 22-01).

It is recommended that the City Council adopt Resolution No. 2023-034 approving Commercial Cannabis Agreement No. 23 -02, subject to any non -substantive changes made by the CEO and Special Counsel.

PUBLIC HEARING

REPORTS OF OFFICERS

9. Request for Approval of Content for Interpretive Signage, City Identification Sign, Streetlight Pole Banners, and Directory Signs Related to the Susan Rubio Zocalo Park and Civic Plaza Project – CIP No. 22-044
It is recommended that the City Council:

1. Approve the selected content for project signs, based on poll result s that were received based on input from E-Team and City Council and concluded on October 1, 2023; and,

2. Authorize the Director of Public Works to approve project signs for contractor to begin sign fabrication based on approved sign content;

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.

SA 2. Treasurer’s Report SA – August 2023
Staff recommends that the Board receive and file the Treasurer’s Report for August 2023.

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION

Mayor Estrada seeks consensus from Council to:

• Direct staff to connect with Baldwin Park School District to request to open Sierra Vista High School Track and Field for Public Use.

ADJOURNMENT

Christopher Saenz
City Clerk

For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104

ADA TITLE II)

STAFF REPORT
ITEM NO. _____1_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Ana Zhang, Senior Finance Clerk
DATE: October 18, 2023
SUBJECT: City of Baldwin Park’s Warrants and Demands

SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.

RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

FISCAL IMPACT
The payroll for the last period was $546,573.34 and the attached General Warrants Register was $3,685,881.73 for a total amount of $4,232,455.07.

BACKGROUND
The attached Claims and Demands report format meet the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released:

1. The last payroll of the City of Baldwin Park consists of check numbers 202118 to 202136 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 42807 to 43087 for the period September 17, 2023 through September 30, 2023 inclusive; these are presented and hereby ratified in the amount of $546,573.34.

2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $368,655.28 and checks from 243109 to 243272 in the amount of $3,317,226.45 for the period of September 26, 2023 to October 9, 2023, inclusive; in the to tal amount of $3,685,881.73 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Check Register

Amount
243143 09/28/2023 JOANNA LUNA REFUND OF DEPOSIT-C&D PROGRAM-PERMIT#B00-022-374 246-00-000-22540-00000 796.00$ 243144 09/28/2023 JOHN TORRES REFUND-REGISTRATION-GOLDEN NUGGET-M TORRES 7/5-7/7 501-60-000-22327-00000 123.00$ 243141 09/28/2023 JIMMY WONG REIM-PURCHASE MESS BANNER-COMMUNITY CENTER GAME 100-60-610-53100-00000 44.10$ 243142 09/28/2023 JL GROUP, LLC LEGAL SERVICE-OFFICER HERRERA COMPLAINT 7/12/2023 403-10-150-51102-11106 21,488.88$ 243142 09/28/2023 JL GROUP, LLC LEGAL SERVICE OFFICER HERRERA COMPLAINT 7/7/2023 403-10-150-51102-11106 500.00$ 243138 09/28/2023 ISRAEL J. COBOS ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 522.00$ 243139 09/28/2023 JANE SHEK ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 270.00$ 243140 09/28/2023 JEANNIE LI ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 404.00$ 243137 09/28/2023 HOME DEPOT MATERIAL&SUPPLIES FOR THE RECREATION 100-60-680-53100-00000 36.29$ 243137 09/28/2023 HOME DEPOT MATERIAL&SUPPLIES FOR THE RECREATION 275-60-713-53100-16072 191.46$ 243137 09/28/2023 HOME DEPOT MATERIAL&SUPPLIES FOR THE RECREATION 100-60-680-53100-00000 121.25$ 243135 09/28/2023 HINDERLITER, DE LLAMAS & ASSOCIATES CANNABIS MANAGEMENT SERVICES FR AUG.2023 237-40-470-51101-14070 250.00$ 243136 09/28/2023 HLR MEDIA, LLC CITY NOTICE-8/10/2023-PERMIT NO. CP 23-06 501-40-000-22335-00000 332.24$ 243136 09/28/2023 HLR MEDIA, LLC CITY NOTICE-8/31/2023-PERMIT NO. CP23-03 501-40-000-22335-00000 227.84$ 243132 09/28/2023 FRONTIER COMMUNICATIONS ANNUAL TELELEPHONE USAGE LOCAL CALLS AUG.2023 401-10-141-53403-11506 1,531.05$ 243133 09/28/2023 GRACIELA BANUELOS REFUND FOR REGISTRATION-US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 15.00$ 243134 09/28/2023 HELEN H HERNANDEZ REIMBUR-MATERIALS&SUPPLIES FOR DOWTOWN STR MARKET 100-60-610-53100-16101 131.60$ 243129 09/28/2023 EAGLE PORTABLES INC RENTAL OF PORTABLE TOILETS-DOWNTOWN STR MRKT-9/14 100-60-610-53391-16101 382.02$ 243130 09/28/2023 ELVIA FRIAS REFUND-RENTAL OF DEPOSIT CELEBRATION HALL 8/26/23 501-60-000-22333-00000 275.00$ 243131 09/28/2023 EZEQUIEL CONTRERAS CONTRACT SRVC TO PROVIDE TAE KWON DO 8/7-8/31/2023 501-60-000-22328-00000 1,410.50$ 243127 09/28/2023 DIANA LOWES REFUND FOR LIFEGUARD CER CLASS 4/15-4/22/2023 501-60-000-22328-00000 215.00$ 243128 09/28/2023 DIRECT ENERGY MARKETING INC. BPROUD ENERGY CHARGES AUGUST 2023 450-00-000-53130-00000 740.06$ 243129 09/28/2023 EAGLE PORTABLES INC RENT PORTABLE RESTROOM-DOWNTOWN ST MRKT 9/14/23 100-60-610-53391-16101 543.11$ 243124 09/28/2023 CYNTHIA ESPINOZA ADVANCED FUNDS FOR HALLOWEEN EVENT ON 10/26/2023 100-30-340-53100-13801 5,000.00$ 243125 09/28/2023 DENIELLE ECHEVERRIA REFUND-RENTAL OF DEPOSIT-BP AQUATIC CNTR 9/17/2023 501-60-000-22333-00000 150.00$ 243126 09/28/2023 DEPARTMENT OF JUSTICE FINGERPRINTING SERVICES 8/2023 100-10-150-51101-11124 716.00$ 243121 09/28/2023 CHRISTOPHER FLORES PURCHASE FOR VIDEO EVENT COVERAGE-DOWNTOWN ST MRKT 501-60-000-22328-16101 2,100.00$ 243122 09/28/2023 CINTAS FIRST AID & SAFETY FIRST AID&SAFETY FOR CITY HALL 403-10-160-51101-00000 265.47$ 243123 09/28/2023 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM: 2 CLASS I ON 9/1&9/5/2023 100-10-150-51101-11122 242.00$ 243118 09/28/2023 BMO BANK N.A. HOTEL STAY FOR DOMESTIC VIOLENCE VICTIM 501-30-000-21415-17517 306.88$ 243119 09/28/2023 CAROL NG REFUND-REGISTRATION-PLANES OF FAME MUSEUM 9/7/23 501-60-000-22327-00000 25.00$ 243120 09/28/2023 CHICAS GRAPHICS AND DESIGN BANNERS&FLYERS-TOILET REPLACEMENT PROGRAM 275-50-755-58100-55026 551.25$ 243118 09/28/2023 BMO BANK N.A. CAMERA PURCHASE FOR POLICE DEPARTMENT 271-30-350-53100-17224 602.23$ 243118 09/28/2023 BMO BANK N.A. REGISTRATION CLASS-DUI CHECKPOINT-9/15/2023 271-30-350-53200-17224 318.00$ 243118 09/28/2023 BMO BANK N.A. HOTEL STAY FOR DOMESTIC VIOLENCE VICTIM 501-30-000-21415-17517 480.78$ 243118 09/28/2023 BMO BANK N.A. INTEREST EXPENSE 100-30-310-55745-00000 50.60$ 243118 09/28/2023 BMO BANK N.A. VETERINARY INVOICE FOR K-9 100-30-340-53100-00000 124.20$ 243118 09/28/2023 BMO BANK N.A. CAMERA PURCHASE FOR DEPARTMENT 271-30-350-53100-17224 38.32$ 243117 09/28/2023 BMI LATE CHARGE FOR MUSIC LICENSE 7/1/23-6/30/24 100-60-610-53330-00000 15.62$ 243118 09/28/2023 BMO BANK N.A. REGISTRATION CLASS FOR DETECTIVE ERIC CAMACHO 100-30-310-53200-00000 250.00$ 243118 09/28/2023 BMO BANK N.A. REGISTRATION CLASS FOR DETECTIVE ISRAEL RODAS 100-30-310-53200-00000 250.00$ 243114 09/28/2023 AREA D CIVIL DEFENSE PER CAPITA RESIDENTIAL POPULATION FEE FY23/24 100-30-380-53370-15960 4,556.10$ 243115 09/28/2023 AYUME LAM ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 396.00$ 243116 09/28/2023 AZUCENA LOPEZ ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 72.00$ 243111 09/28/2023 ADMIN SURE INC. GENERAL&AUTO LIABILITY:ADMIN SRVC PERIOD OCT2023 403-10-160-51100-00000 8,746.99$ 243112 09/28/2023 ANA COVARRUBIAS REFUND FOR REGISTRATION-US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 30.00$ 243113 09/28/2023 APRIL M. ROJO REIM-RISING PRO TRAINING REGISTRAT- INV#CPRS D125 100-60-610-53350-00000 25.75$ 1034 10/06/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP PUBLIC NOTICE FOR 9/1/2023-9/30/2023 220-40-420-53330-14700 880.54$ 243109 09/28/2023 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY SERVICES FOR STREET MARKET 9/7/2023 100-60-610-51100-16101 542.18$ 243110 09/28/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SERVICE AT THE ARC 09/02&08/2023 501-60-000-22328-00000 603.90$ Check Register
City of Baldwin Park, CA By (None)
Payment Dates 9/26/2023 - 10/9/2023
Payment Number Payment Date Vendor Name Description (Item) Account Number 1033 10/06/2023 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 6,209.84$ 1033 10/06/2023 BALDWIN PARK POA POLICE NON-SWORN DUES 100-00-000-21219-00000 1,259.40$

Page 1 of 7 ends

AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 243175 09/28/2023 US BANK VOYAGER FLEET SYS GAS CARD ACCOUNT FOR POLICE DEPT PERSONNEL 402-50-591-53110-16140 1,367.11$ 243176 09/28/2023 VALLEY COUNTY WATER DIST COST OF WATER FOR:7/6/2023-9/5/2023 251-50-560-53402-00000 269.58$ 243177 09/28/2023 WALTER ALAS ARPA REIM-BASIC GEDDES REGISTRATION 8/17-9/8/2023 275-60-734-53370-16077 208.00$ 243172 09/28/2023 THE DRALA PROJECT INC PURCHASE DELL DVC DRIVES 401-10-140-53390-00000 541.93$ 243173 09/28/2023 TRIPLE B CORPORATION PURCHASE FOOD/PRODUCE FOR FREE SENIOR MEALS 275-60-713-53100-16075 3,686.00$ 243174 09/28/2023 ULTIMATE ATTRACTIONS LLC RENTAL-INFLATABLE JUMPER-DOWTOWN ST MRKT 8/17/23 100-60-610-51100-16101 341.60$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 165.24$ 243170 09/28/2023 STANCE CONSTRUCTION COMPANY CONSTRUCTION CONTRACT FOR CALINO ST 275-50-752-58100-55021 29,434.16$ 243171 09/28/2023 SWANK MOTION PICTURES INC. PYMT-MOVIE LICENSE ON THE GREEN@ARC 9/29/23 100-60-680-51100-00000 425.00$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 73.11$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR:8/22/2023-9/20/2023 251-50-530-53401-00000 120.24$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR PARK BUILDINGS:8/22/23-9/20/23 252-60-620-53401-00000 16,613.00$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC-TINY HOMES-8/15-9/13 ACT#700695336662 501-50-000-22000-55003 2,796.73$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR SPRINKLERS:8/16/23-9/14/23 251-50-560-53401-00000 18.47$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC-TINY HOMES-8/18-9/18/23 ACT#70518&65858 275-60-710-53370-66023 2,343.39$ 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE TEEN CENTER 100-60-660-53100-00000 178.60$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 4,200.26$ 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 94.02$ 243168 09/28/2023 SMART & FINAL SUPPLIES PURCHASED FOR COMMUNITY CENTER 100-60-610-53100-00000 54.90$ 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE SENIOR CENTER 100-60-630-53100-00000 181.40$ 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE SENIOR CENTER 100-60-630-53100-00000 18.72$ 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY WATER-SERENITY HOMES-2ND MONTH-8/1-8/30-ACT#302402 275-60-710-53370-66023 699.18$ 243166 09/28/2023 SANDRA UNG REFUND OF DEPOSIT-C&D PROGRAM-PERMIT#B00-021-168 246-00-000-22540-00000 610.00$ 243167 09/28/2023 SECTRAN SECURITY INC. SECTRANS SERVICE FOR SEPTEMBER 2023 100-25-299-53370-12404 425.77$ 243164 09/28/2023 SAN GABRIEL VALLEY EXAMINER NOTICE&SUMMARY ORDINANCE NO.1504,1505,1506,1507 100-25-299-53330-00000 346.50$ 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR: 8/1/2023-8/30/2023-13057762500 252-60-620-53402-00000 8,218.61$ 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR SPRINKLERS:8/1/2023-8/30/2023 251-50-560-53402-00000 2,497.08$ 243161 09/28/2023 ROBERT LOPEZ PER DIEM FOR LACPCA CONFERENCE FOR OCT.24-27,2023 100-30-300-53200-00000 241.50$ 243162 09/28/2023 ROBERTO GUERRA REFUND FOR LIFEGUARD CER CLASS 3/4-3/11/2023 100-60-000-42600-00000 215.00$ 243163 09/28/2023 ROSE MARY ELIZONDO REFUND FOR REGISTRATION-US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 15.00$ 243159 09/28/2023 RICHARD SOONG 1000 CT BUSINESS CARDS FOR ALBERT TRINH 100-20-210-53320-00000 62.50$ 243160 09/28/2023 RICOH USA INC LEASE&MAINTENANCE-COPIERS FOR POLICE-8/25-9/24/23 401-10-141-53371-11504 82.70$ 243160 09/28/2023 RICOH USA INC LEASE&MAINTENANCE FOR COPIERS-POLICE-8/25-9/24/23 401-10-141-58140-11504 710.12$ 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 258-50-520-58100-55022 9,975.00$ 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 275-50-765-58100-55022 153,757.50$ 243159 09/28/2023 RICHARD SOONG PRINTING BUSINESS CARDS FOR PLANNING COMMISSIONERS 100-40-440-53100-00000 95.20$ 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 200-50-520-58100-55022 152,190.00$ 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO AUG.2023 234-50-520-58100-55022 107,825.00$ 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 256-50-520-58100-55022 13,300.00$ 243155 09/28/2023 MIKE SALAS PURCHASE MESH BANNERS-COMMUNITY CENTER GAMES ROOM 100-60-610-53100-00000 622.91$ 243156 09/28/2023 NEW CHEF FASHION, INC. CITY POLO SHIRTS,JACKETS 100-10-150-53370-11123 74.04$ 243157 09/28/2023 ODP BUSINESS SOLUTIONS, LLC HP BLACK TONER CARTRIDGE FOR IT 401-10-141-53100-11505 278.94$ 243152 09/28/2023 MARIA MARQUEZ REFUND-RENTAL OF DEPOSIT-SENIOR CENTER 9/16/2023 501-60-000-22333-00000 300.00$ 243153 09/28/2023 MARLENY MENDOZA ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 486.00$ 243154 09/28/2023 MERCY FRAUSTO REFUND FOR REGISTRATION-US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 20.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 7,802.65$ 243150 09/28/2023 LESLY BONILLA REFUND-RENTAL OF DEPOSIT-SENIOR CENTER 9/10/2023 100-60-000-42600-00000 500.00$ 243151 09/28/2023 LILIANA CABRERA REFUND-RENTAL OF DEPOSIT-ARC 9/2/2023 501-60-000-22333-00000 500.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 9,115.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 1,285.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 3,365.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/10/2023 237-40-131-51102-14070 120.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 9,425.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1/2023 237-40-131-51102-14070 320.00$ 243148 09/28/2023 KHALIL IBRAHIM ABBANY UNIFORM ALLOWANCE FER MOU FOR FY 23/24-KHALIL ABBA 100-40-460-50119-00000 270.00$ 243148 09/28/2023 KHALIL IBRAHIM ABBANY UNIFORM ALLOWANCE FER MOU FOR FY 23/24-KHALIL ABBA 220-40-460-50119-14715 30.00$ 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 5,635.00$ 243146 09/28/2023 JUDY KATHLEEN CATANZARO REFUND-REGISTRATIO-DODGER GAME SENIOR TRIP 6/25/23 501-60-000-22327-00000 84.00$ 243147 09/28/2023 KAREN KA YIN HO ARPA BASIC REIM-SUMMER CAMP REGIS 7/3-8/11/23 275-60-734-53370-16077 306.00$ 243145 09/28/2023 JUAN R. GARCIA MUSICAL ENTERTAIMENT-ANNUAL SENIOR PROM 10/6/2023 501-60-000-22327-00000 3,750.00$

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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 101.50$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 747.34$ 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 1,083.69$ 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 18.87$ 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 1,122.63$ 243196 09/28/2023 PRE-PAID LEGAL SERVICES, INC. PRE-PAID LEGAL SERVICES 100-00-000-21230-00000 82.19$ 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 (10.77)$ 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 53.94$ 243195 09/28/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 361.00$ 243195 09/28/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 85.50$ 243196 09/28/2023 PRE-PAID LEGAL SERVICES, INC. PRE-PAID LEGAL SERVICES 100-00-000-21230-00000 82.21$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 485.90$ 243195 09/28/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 323.00$ 243195 09/28/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 85.50$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 466.72$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 3,920.89$ 243194 09/28/2023 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 38.36$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 (56.57)$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 189.83$ 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 3,545.12$ 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 339.03$ 243193 09/28/2023 LIBERTY DENTAL PLAN RETRO DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 7.37$ 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 86.99$ 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 14.74$ 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 262.46$ 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 79.62$ 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 27.00$ 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 36.00$ 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 27.00$ 243191 09/28/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 783.00$ 243191 09/28/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 540.00$ 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 36.00$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 3,509.74$ 243189 09/28/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 10.00$ 243190 09/28/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 10.00$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 1,286.57$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 3,543.12$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 1,286.57$ 243187 09/28/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 81.13$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 31.12$ 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 74.76$ 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 734.25$ 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 137.45$ 243187 09/28/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 81.12$ 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-660-51101-00000 787.50$ 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 734.34$ 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 137.45$ 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP DESIGN OF SUMMER CONCERTS LOGO 230-60-610-51100-16144 650.00$ 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-610-51101-00000 787.50$ 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-630-51101-00000 787.50$ 243182 09/28/2023 MARCY KRUGMAN REFUND DUE TO SMOKE FROM AC UNIT 5/20/2023 100-60-000-45601-00000 110.00$ 243183 09/28/2023 SOUTHLAND TRANSIT, INC. SPECIAL TRANSPORTATION SERVICE BILLING IN 4/2023 244-50-580-51100-15540 531.44$ 243184 09/28/2023 THE PUN GROUP LLP AUDIT FOR FY21/22-CITY PROGRESS BILLING #3 100-20-210-51101-12420 25,000.00$ 243179 09/28/2023 WEST COAST SOCCER LEAGUE BLANCE DUE-SENIOR TRIP'TICKET-OKTOBERFEST 10/18/23 275-60-726-51101-16074 567.00$ 243180 09/28/2023 YOLANDA ABELLADA REFUND-RENTAL OF DEPOSIT-ADOBE ROOMS 9/2/2023 501-60-000-22333-00000 220.00$ 243181 09/28/2023 YUFEI LI ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 504.00$ 243178 09/28/2023 WAXIE SANITARY SUPPLY PURCHASE-MATERIAL&SUPPLY-BUILDING MAINTENANCE 100-60-620-53100-00000 1,390.59$ 243178 09/28/2023 WAXIE SANITARY SUPPLY PURCHASE-MATERIAL&SUPPLY-BUILDING MAINTENANCE 252-60-620-53100-00000 1,390.60$ 243178 09/28/2023 WAXIE SANITARY SUPPLY PRCHASE MATERIAL&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 1,972.25$ 243178 09/28/2023 WAXIE SANITARY SUPPLY PRCHASE MATERIAL&SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 1,972.26$

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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 243225 10/05/2023 HINDERLITER, DE LLAMAS & ASSOCIATES AUDIT SRVC-SALES TAX 100-25-299-51100-12410 223.84$ 243225 10/05/2023 HINDERLITER, DE LLAMAS & ASSOCIATES SALES TAX 07-09/2023 100-25-299-51100-12410 1,050.00$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLIES-PAINT THE GRAFFITI DEVISION 245-50-570-53100-14885 203.53$ 243222 10/05/2023 GEO PLASTICS 15 QUART DRAINER CONTAINERS-REUSABLE OIL RECYCLING 247-50-000-41531-17440 2,512.46$ 243223 10/05/2023 GUARDIAN ALLIANCE TECHNOLOGIES, INC. ONLINE SCREENING FOR PD APPLICANTS 100-30-310-51100-00000 282.00$ 243224 10/05/2023 HDL, COREN & CONE PROPERTY TAX 22/23 UNSECURED AUDIT RECOVERY 25%FEE 100-25-299-51100-12410 591.80$ 243220 10/05/2023 FRONTIER COMMUNICATIONS LOCAL INTERNET SERVICE FOR TINY HOMES @14173 501-50-000-22000-55003 100.99$ 243220 10/05/2023 FRONTIER COMMUNICATIONS INTERNET 9/23-10/22/23 SERENITY HOMES ACT#0923225 275-60-710-53370-66023 209.97$ 243221 10/05/2023 GARVEY AVE BALDWIN PARK LLC PERMIT REFUND 13057 GARVEY AVE. B00-021-759 100-40-000-43400-00000 1,359.04$ 243218 10/05/2023 FEDEX OFFICE LATE FEE-DELIVERY OF TO HCD-ACT27790880-8 220-40-420-55745-14700 3.10$ 243219 10/05/2023 FERMIN CHAVEZ BASiC VINELAND ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 156.00$ 243220 10/05/2023 FRONTIER COMMUNICATIONS PHONE & WIRELESS SEVICES FOR SEP. 2023 100-30-310-53403-00000 120.39$ 243215 10/05/2023 ENTERPRISE FM TRUST FLEET LEAING PROGRAM SEP.2023 275-30-765-58140-53001 9,652.15$ 243216 10/05/2023 ERICA SERNA BASiC TRACY ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 130.00$ 243217 10/05/2023 ESMERALDA CENTENO BASiC TRACY ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 208.00$ 243215 10/05/2023 ENTERPRISE FM TRUST FLEET LEAING PROGRAM SEPTEMBER 2023 231-50-590-58140-15727 15,426.47$ 243215 10/05/2023 ENTERPRISE FM TRUST FLEET LEAING PROGRAM SEP.2023 240-50-520-58140-15726 2,748.44$ 243215 10/05/2023 ENTERPRISE FM TRUST FLEET LEAING PROGRAM SEP.2023 246-50-520-58140-15727 929.46$ 243212 10/05/2023 DESIREE NERIO RENTAL DEPOSIT FOR BARNES PARK SHELTER 9/23/23 501-60-000-22333-00000 100.00$ 243213 10/05/2023 ELIZABETH ARZOLA BASiC GEDDES REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 178.00$ 243214 10/05/2023 ELVIRA SANCHEZ BASiC FOSTER ELEM REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 208.00$ 243209 10/05/2023 COURTYARD BY MARRIOTT SERVICES -SENIOR PROM INCLUDING CATERING 10/6/2023 275-60-726-51101-16074 11,146.95$ 243210 10/05/2023 CPRS RENEWAL FOR MEMBERSHIP-YURIKO RUIZESPARZA FY23/24 100-60-640-53330-00000 165.00$ 243211 10/05/2023 DESERIE C. DURAN BASiC TRACY ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 156.00$ 243207 10/05/2023 COM-NET JPA COM-NET ANNUAL OPERATIONS FY23-24 100-30-310-51101-13020 69,314.00$ 243208 10/05/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE & CONTROL.ANIMAL CONTROL SERVICES AUGUST 2023 275-30-712-51100-13250 87,492.83$ 243208 10/05/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE & CONTROL.ANIMAL CONTROL SERVICES: JULY 2023 275-30-712-51100-13250 90,932.22$ 243205 10/05/2023 CITIES DIGITAL INC LASERFICHE SUPPORT FY23-24 401-10-140-53379-00000 5,984.00$ 243206 10/05/2023 CLARISSA E. BARCELO BASiC FOSTER ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 91.00$ 243207 10/05/2023 COM-NET JPA COM-NET ANNUAL OPERATIONS FY23-24 100-30-310-51100-00000 1,020.01$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 65.59$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 71.63$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 16.24$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 11.54$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 50.92$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 336.00$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 34.12$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 64.68$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-591-53100-00000 425.66$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 198.45$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 31.38$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 79.09$ 243203 10/05/2023 CANON FINANCIAL SERVICES, INC LEASE FOR 2 SHARP COPIES 401-10-141-58140-11504 1,533.98$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 72.15$ 243204 10/05/2023 CAR QUEST SUPPLIES OF VEHICLES TO CONTINUE DAILY OPERATIONS 402-50-590-53100-00000 35.46$ 243201 10/05/2023 ALL STATE POLICE EQUIPMENT BODY ARMOR FOR OFFICER ANA BALVER 100-30-340-53100-00000 1,111.31$ 243201 10/05/2023 ALL STATE POLICE EQUIPMENT BODY ARMOR FOR OFFICER WILLIAM ZENDEAJAS 100-30-340-53100-00000 1,111.31$ 243202 10/05/2023 ANABEL SIMPEH BASiC TRACY ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 208.00$ 243199 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. NEW CONSTRUCTION 4428 STEWART AVE 275-40-712-51101-14801 1,200,000.00$ 243200 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. OWNER OCCUPIED REHAB - CRITICAL REPAIR OCT. 2023 200-40-420-51101-14801 125,000.00$ 243200 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. ADU GARAGE CONVERSION / DETACHED UNITS 200-40-420-51101-14801 400,000.00$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 17.40$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY OCT. 2023 PREMIUM-BASIC LIFE & AD & D & STD &LTD 403-10-160-54130-00000 6,195.20$ 243199 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. NEW CONSRUCTION 12779 TORCH STREET 275-40-712-51101-14801 525,000.00$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 765.61$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 577.17$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 43.50$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 43.50$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 17.40$ 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 577.17$

Page 4 of 7 ends

AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 243263 10/05/2023 U.S. ARMOR CORPORATION SAFETY VEST FOR OFFICER ROBERT LARIVEE 100-30-340-53100-00000 934.83$ 243263 10/05/2023 U.S. ARMOR CORPORATION SAFETY VEST FOR OFFICER ZACH GOBLE 100-30-340-53100-00000 934.83$ 243261 10/05/2023 TIFFANY RICE REFUND-RENTAL DEPOSIT-9/23/23@MORGANPARK PICNIC 501-60-000-22333-00000 100.00$ 243262 10/05/2023 TORRI ANDERSON PUBLIC WORK SPECIALIST CERTIFICATION PROGRAM 240-50-571-53200-00000 100.00$ 243263 10/05/2023 U.S. ARMOR CORPORATION SAFETY VEST FOR OFFICER ERNEST BARRIOS 100-30-340-53100-00000 934.83$ 243260 10/05/2023 THE GAS COMPANY GAS-8/24-9/26/23--CITY PARKS-ACT#1841005+3031292 252-60-620-53400-00000 1,525.02$ 243260 10/05/2023 THE GAS COMPANY WATER- 8/25-9/27/23-SERENITY HOMES-ACT#14691769161 275-60-710-53370-66023 156.26$ 243261 10/05/2023 TIFFANY RICE REFUND-RETAL DEPOSIT-9/23/23@MORGANPARK PINIC 100-60-000-45601-00000 25.00$ 243259 10/05/2023 SUSAN SAXE-CLIFFORD,PH.D PSYCH. EVALUATION FOR POLICE OFFICER 6/26/23 100-30-310-51100-00000 450.00$ 243260 10/05/2023 THE GAS COMPANY NATURAL GAS VEHICLE-CNG STATION 8/1-9/1/23 A#72725 402-50-590-53110-16140 6,544.06$ 243260 10/05/2023 THE GAS COMPANY NATURAL GAS VEHICLE-CITY YARD-8/1-9/1/23 A#6720575 402-50-590-53110-16140 13.36$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-630-53100-00000 82.67$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-650-53100-00000 207.92$ 243258 10/05/2023 STEVEN PALACIOS PUBLIC WORK SPECIALIST CERTIFICATION PROGRAM 240-50-571-53200-00000 100.00$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-680-53100-00000 189.39$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-610-53100-00000 189.08$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-630-53100-00000 615.14$ 243256 10/05/2023 SPARKLETTS WATER&COFFEE SUPPLIES FOR CITY YARD 100-60-620-53100-00000 130.91$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-630-53100-00000 189.08$ 243257 10/05/2023 STAPLES BUSINESS CREDIT MATERIAL&SUPPLIES FOR RECREATION DEPT. 100-60-630-53100-00000 65.65$ 243255 10/05/2023 SOUTHERN CALIFORNIA EDISON ENERGY-8/25-9/25/23-METROLINK-ACT#700375927180 245-50-530-53401-15535 201.82$ 243256 10/05/2023 SPARKLETTS WATER&COFFEE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 677.42$ 243256 10/05/2023 SPARKLETTS WATER&COFFE SUPLPLIES FOR CITY FACILITIES 252-60-620-53100-00000 677.43$ 243253 10/05/2023 SAMUEL RIVEROS PERDIEM-TACTICAL RIFLE INSTRUCTOR CLAS-10/17-20/23 100-30-310-53200-00000 44.00$ 243254 10/05/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR:8/22/2023-9/21/2023 ACCT:060200 252-60-620-53402-00000 5,603.77$ 243255 10/05/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC-8/23-9/21/23-CITY PARKS-ACT#700059568855 252-60-620-53401-00000 946.08$ 243250 10/05/2023 RAQUEL M. CERVANTES CASE# RID1202591- NOE CERVANTES 100-00-000-21225-00000 115.39$ 243251 10/05/2023 REBECCA AGUIRRE REFUND-REGIS FEE-SENIOR TRIP-OXNARD SALSA 7/29/23 501-60-000-22327-00000 20.00$ 243252 10/05/2023 RIO HONDO COMM. COLLEGE TUITION-ISRAEL R.POST FIELD TRAINING 10/23-10/25 100-30-310-53200-00000 50.00$ 243247 10/05/2023 PALICON GROUP BACKGROUND PD APPLICANT RICARDO BUGARIN 100-30-310-51100-00000 1,500.00$ 243248 10/05/2023 PAOLA ALMARAZ REFUND-RENTAL DEPOSIT-9/23/23@MORGANPARK PICNIC 501-60-000-22333-00000 100.00$ 243249 10/05/2023 QUINN SHEPHERD MACHINERY MAINTENANCE & REPAIRS TO THE BACKHOE 8/31/2023 402-50-590-53371-00000 1,550.40$ 243245 10/05/2023 NURY PANDURO SUMMER CAMP REGIS 7/3-8/11/23-ARPA BASIC REIM 275-60-734-53370-16077 849.00$ 243246 10/05/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES FOR ENGINEERING DEVISION 240-50-510-53100-00000 13.83$ 243247 10/05/2023 PALICON GROUP BACKGROUND PD APPLICANT CARLO CAMARENA 100-30-310-51100-00000 1,500.00$ 243242 10/05/2023 MIRIAM CARAVEO ARPA REIM-BASiC FOSTER ELEM REGIS 8/17-9/8/2023 275-60-734-53370-16077 284.00$ 243243 10/05/2023 MOJICA JUDO CLUB CONTRACT SERVICES FOR 8//2023-9/9/2023 501-60-000-22328-00000 1,883.70$ 243244 10/05/2023 MONTSERRAT ESPEJEL BASiC GEDDES REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 23.50$ 243239 10/05/2023 MANUEL CARRILLO, JR REIM FOR FOAM PRI SIGNS FOR MORGAN PARK RESTROOMS 100-60-610-53100-00000 371.20$ 243240 10/05/2023 MARIANA MORENO BASiC TRACY ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 273.00$ 243241 10/05/2023 MARIBEL GONZALEZ ANDRADE BASiC GEDDES ELEM REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 169.00$ 243236 10/05/2023 LUIS FREGOSO CONTRACT SERVICE FOR MARIACHI CLASS-8/21-9/25/2023 501-60-000-22328-00000 135.00$ 243237 10/05/2023 LUIS ROSALES REIM-PURCHASE MATERIAL&SUPPLY@BOXING SHOW 9/24/23 100-60-610-53100-16130 319.17$ 243238 10/05/2023 LUZ MARIA DE LUNA REFUND-REGIS FEE-SENIOR TRIP-OXNARD SALSA 7/29/23 501-60-000-22327-00000 20.00$ 243233 10/05/2023 LOS ANGELES COUNTY FIRE DEPARTMENT CITY YARD UNDERGROUND STORAGE TANK-AR0019702 402-50-590-53370-00000 2,790.00$ 243234 10/05/2023 LOS ANGELES COUNTY PUBLIC WORKS ROUTINE MAINTENANCE FOR TRAFFIC SIGNALS AUG.2023 251-50-530-51100-00000 3,186.14$ 243235 10/05/2023 LUCIO MORENO BASiC FOSTER ELEM REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 208.00$ 243231 10/05/2023 JOSE DELGADO SUMMER CAMP REGIS 7/3-8/11/23-ARPA BASIC REIM 275-60-734-53370-16077 944.00$ 243232 10/05/2023 JOSHUA HENDRICKS PERDIEM-IACP ANNUAL CONFER.&EXPOSITION 10/13-17/23 100-30-310-53200-00000 333.00$ 243233 10/05/2023 LOS ANGELES COUNTY FIRE DEPARTMENT CITY YARD UNDERGROUND STORAGE TANK-AR0012309 402-50-590-53370-00000 4,736.00$ 243228 10/05/2023 ISRAEL RODAS PERDIEM FEE-POST TRANING OFFICER-10/23-25/2023 100-30-310-53200-00000 33.00$ 243229 10/05/2023 JEREMY CROSS PERDIEM-POST MANAGEMENT COURSE 10/15-19/2023 100-30-310-53200-00000 333.00$ 243230 10/05/2023 JESSENIA MONTOYA BASiC VINELAND+WED DRO REGIS 8/17-9/8/23-ARPA REIM 275-60-734-53370-16077 110.00$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLY TO CONTINUE DAILY OPERATION TRAFF 251-50-550-53100-00000 41.73$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLY TO CONTINUE DAILY OPERATION TRAFF 251-50-550-53100-00000 73.59$ 243227 10/05/2023 INTERNATIONAL BUSINESS INFO FY23/24 ANNUAL IT SUPPORT FOR LEFTA FTO 100-30-310-51100-00000 6,045.30$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLIES-MISCELLANEOUS ITEMS FOR YARD 251-50-571-53100-00000 81.36$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLIES-MISCELLANEOUS ITEMS FOR YARD 251-50-571-53100-00000 63.68$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLIES-MISCELLANEOUS ITEMS FOR YARD 251-50-571-53100-00000 427.97$ 243226 10/05/2023 HOME DEPOT MATERIAL&SUPPLIES-PAINT THE GRAFFITI DEVISION 245-50-570-53100-14885 301.26$

Page 5 of 7 ends

AmountPayment Number Payment Date Vendor Name Description (Item) Account Number DFT0007767 10/04/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 20.00$ DFT0007777 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 12,927.00$ DFT0007778 10/05/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 3,296.38$ DFT0007762 10/04/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 5,250.00$ DFT0007765 10/04/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 294.43$ DFT0007766 10/04/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 508.30$ DFT0007745 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 848.53$ DFT0007756 10/04/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 9,660.00$ DFT0007761 10/04/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 934.01$ DFT0007729 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 700.00$ DFT0007730 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 1,400.00$ DFT0007744 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETIRED PREMIUM 100-25-299-50223-00000 20,989.00$ DFT0007726 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 369.15$ DFT0007727 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 13,086.60$ DFT0007728 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 1,306.34$ DFT0007710 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 713.55$ DFT0007711 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 3,810.70$ DFT0007712 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 2,779.27$ DFT0007707 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 820.00$ DFT0007708 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 1,355.20$ DFT0007709 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 565.98$ DFT0007704 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 1,604.09$ DFT0007705 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 755.29$ DFT0007706 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 859.94$ DFT0007701 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 3,394.41$ DFT0007702 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 942.74$ DFT0007703 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 38,216.54$ DFT0007673 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 1,400.00$ DFT0007683 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 (603.71)$ DFT0007700 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 6,349.31$ DFT0007670 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 12,709.28$ DFT0007671 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 1,306.34$ DFT0007672 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 700.00$ DFT0007653 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 3,810.70$ DFT0007654 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 2,779.27$ DFT0007669 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 369.15$ DFT0007650 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 1,355.20$ DFT0007651 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 188.66$ DFT0007652 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 713.55$ DFT0007647 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 755.29$ DFT0007648 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 859.94$ DFT0007649 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 820.00$ DFT0007644 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 942.74$ DFT0007645 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 38,154.20$ DFT0007646 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 1,604.09$ DFT0007624 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 1,962.06$ DFT0007642 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 6,349.31$ DFT0007643 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 3,394.41$ 243270 10/05/2023 YAN WANG SUMMER CAMP REGIS 7/3-8/11/23-ARPA BASIC REIM 275-60-734-53370-16077 360.00$ 243271 10/05/2023 YVONNE JUAREZ BASiC FOSTER ELEM REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 195.00$ 243272 10/05/2023 THE PUN GROUP LLP AUDIT CITY'S FINANCIAL STATEMENTS ENDED 6/30/2023 100-20-210-51101-12420 16,000.00$ 243267 10/05/2023 VANESSA AVINA BASiC GEDDES REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 204.00$ 243268 10/05/2023 VANESSA PINEDA PURCHASE REFRESHMENTS & SUPPLIES FOR LUNCH 9/27/23 100-30-310-53100-00000 113.99$ 243269 10/05/2023 VIEWPOINT AMBULANCE, INC BASIC LIFE SUPPORT ASSISTANCE@BOXING SHOW 9/24/23 100-60-610-51101-00000 1,000.00$ 243265 10/05/2023 V & V MANUFACTURING REPAIR AND REFURBISH OF DEPARTMENT BADGES 100-30-310-53100-00000 352.21$ 243265 10/05/2023 V & V MANUFACTURING NEW BADGES FOR DISPATCH AND SECRETARY 100-30-310-53100-00000 507.86$ 243266 10/05/2023 VALLEY COUNTY WATER DIST WATER-8/23-9/25/23-ESPERNZA VILLA-ACT#283-80103-00 501-50-000-22000-55003 396.19$ 243264 10/05/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SRVC 10/1-31/23 100-60-620-58140-15100 245.00$ 243264 10/05/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SRVC 10/1-31/23 252-60-620-58140-00000 973.33$ 243264 10/05/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SRVC 10/1-31/23 100-60-620-58140-00000 973.34$

Page 6 of 7 ends

AmountPayment Number Payment Date Vendor Name Description (Item) Account Number DFT0007821 10/05/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 21,651.57$ DFT0007822 10/05/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 30,123.29$ Grand Total: 3,685,881.73$
DFT0007808 10/05/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 937.18$ DFT0007819 10/05/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 75,030.60$ DFT0007820 10/05/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 6,310.66$ DFT0007805 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 51.54$ DFT0007806 10/05/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 3,425.00$ DFT0007807 10/05/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 2,625.00$ DFT0007802 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 72.07$ DFT0007803 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 125.19$ DFT0007804 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 18.81$ DFT0007781 10/05/2023 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 1,075.80$ DFT0007801 10/05/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 3,371.05$ DFT0007779 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 1,492.00$ DFT0007780 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 668.50$

Page 7 of 7 ends

STAFF REPORT
ITEM NO. _____2_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: October 18, 2023
SUBJECT: Treasurer’s Report City (CC) – August 2023

SUMMARY
Attached is the Treasurer’s Report for the month of August 2023. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All inve stments are in compliance with the City’s Investment Policy and the California Government Code.

RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for August 2023.

FISCAL IMPACT
None

BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis.

LEGAL REVIEW
Not Applicable

ATTACHMENTS

1. Exhibit “A”, Treasurer’s Report

STAFF REPORT
ITEM NO. 3

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Shirley Quinones, Chief Deputy City Clerk
Krystal Roman, Administrative Clerk II/Deputy City Clerk DATE: October 18, 2023
SUBJECT: Meeting Minutes

SUMMARY
The City Council held a Special City Council Meeting and Regular City Council Meeting on October 4, 2023.

RECOMMENDATION
It is recommended that the City Council approve the meeting minutes of the Special City Council and Regular City Council held on October 4, 2023.

FISCAL IMPACT
There is no fiscal impact associated with this item.

LEGAL REVIEW
This report does not require legal review.

ATTACHMENTS

1. Meeting Minutes of October 4, 2023

Special Meeting – 10-04-2023

Page 1 of 2 ends

CITY COUNCIL

SPECIAL MEETING
Minutes
October 04, 2023, 5:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
These minutes are presented in Agenda order.

CALL TO ORDER

The meeting was called to order at approximately 5:07 p.m. by Mayor Estrada

ROLL CALL

City Clerk Saenz performed roll call:

MEMBERS:

Council Member Alejandra Avila (absent)
Council Member Jean M. Ayala (present)
Council Member Daniel Damian (present)
Mayor Pro Tem Monica Garcia (absent)
Mayor Emmanuel Estrada (present)

PUBLIC COMMUNICATIONS

Mayor Estrada opened public communications at approximately p.m. Seeing no one wishing to speak, Mayor Estrada closed public communications.

OPEN SESSION/STUDY SESSION

Ron Garcia, Director of Community Development and Nick Baldwin, City Planner presented the City of Baldwin Park General Plan Update

RECESS CLOSED SESSION- at approximately 5:24 p.m.

1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956

Case: Rukli, Inc vs City of Baldwin Park Case No. 22STCV28634

Case: K8 Investor Holding, LLC Case No. 2:23-CV-02428-SVW(PVCx) vs City of Baldwin Park

Case: Ashar vs City of Baldwin Park Case No. 23PSCV02884 Los Angeles Superior Court

Case: Joseph Bartolotti (Deceased) WCAB Case: ADJI2868418 Worker’s Compensation Case ADJI5119882 (DOI CT 07/01/1988 – 07/09/2019, 06/17/2021)

No reportable action.

Special Meeting – 10-04-2023

Page 2 of 2 ends

2. Conference with Legal Counsel – Initiation of Litigation Pursuant to California Government Code, Section 54956.9 (d)(4).

One Potential Case – Filing of Injunction Regarding Los Angeles County Superior Court - Zero Bail Policy

The City Council by a unanimous vote of (3-0) voted to join other Los Angeles County Cities to file a permanent injunction in the implementation of the Zero Bail Policy in Los Angeles County.

ADJOURNMENT

Mayor Estrada motioned to close the Special Meeting at approximately 7:14 p.m.

ATTEST:

Emmanuel J Estrada, Mayor
Christopher Saenz, City Clerk
APPROVED: October 18, 2023

Regular Meeting Minutes – 10-04-2023

CITY COUNCIL

REGULAR MEETING
Minutes
October 04, 2023, 7:00 PM

Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
These minutes are presented in Agenda order.

CALL TO ORDER
The meeting was called to order at approximately 7:09 p.m.

INVOCATION
The invocation was led by Pastor Flores and Pastor Jackson.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Estrada

ROLL CALL
City Clerk Saenz performed roll call:

MEMBERS:

Council Member Alejandra Avila (absent)
Council Member Jean M. Ayala (present)
Council Member Daniel Damian (present)
Mayor Pro Tem Monica Garcia (absent)
Mayor Emmanuel Estrada (present)

REPORT FROM CLOSED SESSION
City Attorney Marco Martinez reported no reportable action under Existing Litigation.

The City Council by a unanimous vote of (3 -0) voted to join other Los Angeles County Cities to file a permanent injunction in the implementation of the Zero Bail Policy in Los Angeles County.

MOTION: Mayor Estrada motioned to close the Special Meeting at approximately 7:14 p.m.

ANNOUNCEMENTS
Councilmember Ayala acknowledged David Muse, member of the SGVWB.

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Martin Medrano, Community Relations Manager presented on 2023 San Gabriel Valley Council of Governments (SGVCOG) Updates regarding SGVCOG Initiatives

Mayor Estrada and Councilmembers presented certificates of Recognition for the Community Development Employees 20+ years of service.

Mayor Estrada and Councilmembers presented certificates of Recognition to the City of Baldwin Park Life Guards for their Heroic Deed.

Mayor Estrada and Councilmembers proclaimed Breast Cancer Awareness Month presented to BPPD Cadet Ricardo Bugarin for his creative design of the 2023 BPPD Breast Cancer Patch.

Regular Meeting Minutes – 10-04-2023

Mayor Estrada and Councilmembers proclaimed World Habitat Day presented to Bryan Wong, CEO of San Gabriel Valley Habitat for Humanity

PUBLIC COMMUNICATIONS
Mayor Estrada opened public communication at approximately 7:52 p.m.

1) Kathy Navarro
2) Wen Wen Zhang
3) Paul Cook (via phone)
4) John Rios
5) Greg Tuttle
6) Abel

Seeing no one else wishing to speak, public communications was closed.

CONSENT CALENDAR

1. City of Baldwin Park’s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

2. Meeting Minutes
Motion to approve the following meeting minutes: 1) Meeting Minutes of the Special City Council and Regular City Council on September 20, 2023; and 2) Meeting Minutes of the Finance Authority Board, Housing Authority Board, Special City Council and Regular City Cou ncil Meetings held from October 2, 2019 through December 4, 2019.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

3. Claim Rejections
Motion to reject the following claim and direct staff to send the appropriate notice of rejection to claimant: Mireya Guerrero. The claimant alleges property damage and bodily injuries.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

4. Authorize the Addition of Two (2) New Police Vehicles to the City’s Lease Program Motion to:

1. Authorize the addition of two (2) new police vehicles to the City’s lease program; and,

2. Authorize the Director of Finance to appropriate funds from Fund No. 402 to Acct # 402- 50-591-58140-15727 in the amount of $22,952.40 for FY 23-24 lease cost and $32,484.88 for the one–time purchase for the after-market emergency equipment and make necessary budget adjustment; and

3. Authorize the Director of Public Works to add t wo (2) vehicles to the lease program and process the necessary documents.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

Regular Meeting Minutes – 10-04-2023

5. Approval of Resolution No. 2023 -033 to Update the Classifications to the City of Baldwin Park’s Comprehensive Pay Schedule in Accordance with CalPERS Established Guidelines Motion to approve and adopt Resolution No. 2023 -033 to update the Comprehensive Ci ty of Baldwin Park Salary Schedule to reflect the following changes, to be effective retroactive to July 9, 2023: 1. Reinstate the Housing Programs Coordinator job classification and revise the job description; and 2. Add the new Business License Specialis t job classification and establish the job description; and 3. Add the new Court Services and Crime Data Specialist job classification and establish the job description; and 4. Add the new Victim Advocate and Community Services Specialist job classification and establish the job description; and 5. Authorize the Chief Executive Officer, Human Resources/Risk Manager, and the Department Director to process the Personnel Action Forms and related documents.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

6. Approval of Resolution No. 2023-032 for a One-Time City Hall Closure Motion to:

1. Approve Resolution No. 2023 -032 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, approving a one -time City Hall closure from December 26, 2023 through January 4, 2024, and authorizing qualified employees time off during the Holidays”; and

2. Approve the cancellation of the City Council Regular meetings on the following dates:
• December 20, 2023
• January 3, 2024
• July 3, 2024

3. Direct the CEO to provide adequate notification to the public and take appropriate measures to ensure City Emergency Response Operations remain uninterrupted during the closure.

MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion.

Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

PUBLIC HEARING - None

REPORTS OF OFFICERS

7. Approve and Adopt Resolution No. 2023 -031, nominating a Councilmember to Serve as Board Member to Represent Cities without Pumping Rights on the San Gabriel Basin Water Quality Authority
Motion to nominate a Councilmember to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority (WQA) and adopt Resolution No. 2023-031, the name of the selected nominee will be added to the Resolution in a final format with the certified votes and appropriate signatures.

MOTION: It was moved by Daniel Damian, seconded by Jean M Ayala to adopt nominate Mayor Emmanuel Estrada to serve as a Board member to the SGVWQA Motion Passed [3 – 0]. AYES: AYALA, DAMIAN, ESTRADA

8. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission Motion to hold off on the review all commission applications for the Recreation and Community Services Commission and make respective appointments.

Regular Meeting Minutes – 10-04-2023

MOTION TO POSTPONE: It was moved by Daniel Damian, seconded by Jean M Ayala to postpone the motion more applications are received. [3 – 0]. AYES: AYALA, DAMIAN,

ESTRADA

CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY

DEVELOPMENT COMMISSION

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

COMMUNICATION

Mayor Estrada seeks consensus from Council to -
• Direct staff to collaborate with BPUSD Art Program to develop artwork for display on city traffic signal cabinets.
• Direct staff to prepare Letter of Support to President Biden regarding the San Gabriel Mountains National Monument expansion to the western Angeles National Forest in the Los Angeles metropolitan area.

Councilmember Damian seeks consensus from Council to:
• Direct staff to organize a City Prayer Breakfast in 2024, in collaboration with the Clergy Council of the City of Baldwin Park. Date, time and logistics to be determined.

ADJOURNMENT
Mayor Estrada motioned to adjourn the meeting at approximately 8:30 p.m.

ATTEST:

Emmanuel J Estrada, Mayor
Christopher Saenz, City Clerk
APPROVED: October 18, 2023

STAFF REPORT
ITEM NO. _____4_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY:

DATE:

David Lopez, Associate Engineer
October 18, 2023
SUBJECT: Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority
(LACMTA) to Receive National Transit Database (NTD)
Reporting Funds for Transit Services for Year 2021

SUMMARY
his report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition “A” Discretionary Incentive funds in the amount of $238,100 for reporting year 2021 for participating in MTA’s National Transit Database (NTD) reporting of Baldwin Park’s Transit Services to the Federal Transit Authority (FTA).

RECOMMENDATION
Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreement.

FISCAL IMPACT
There is no impact to the General Fund. The City will receive a total amount of $238,100 from MTA as Proposition “A” Discretionary revenue. These restricted funds are used to offset the costs of operating the City’s Transit Services Program.

BACKGROUND
The City of Baldwin Park voluntarily reports annual city transit program ridership and service miles statistics to MTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. MTA’s collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally.

On June 24, 2021, LACMTA approved the Fiscal Year 2022 -23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21. The city has voluntarily submitted NTD data to LACMTA, for Fiscal Year 2020 -21 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an NTD audit with no findings.

DISCUSSION
The City of Baldwin Park receive s funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two -year lag between data submittal and fund disbursements. This year the city received an MOU for reporting year 2021. The NTD Funds will be applied as revenue in FY2023-24.

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

ATTACHMENTS

1. MTA MOU (MOUPAIBALP23000)
1 MOUPAIBALP23000

PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING

FOR COLLECTING AND REPORTING DATA FOR THE

NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2021

This Memorandum of Understanding (MOU) is entered into as of May 1, 2023 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Baldwin Park (the “City”).

WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and

WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and

WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2022-23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21; and

WHEREAS, the City has voluntarily submitted their FY2020-21 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and

WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2020-21 Report Year (the “Project”); and

WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2022-23 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and

WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.

NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:

2 ARTICLE 1. TERM

1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2023, through June 30, 2026 at which time all unused funds shall lapse.

ARTICLE 2. STANDARDS

2.0 To receive payment for the submittal of the FY 2020-21 NTD statistics, the City warrants that it:

A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;

B. Prepared and submitted the FY 2020-21 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before October 31, 2021;

ARTICLE 3. PAYMENT OF FUNDS TO CITY

3.0 LACMTA shall pay the City for collecting and reporting FY 2020-21 NTD statistics.

LACMTA shall pay the City for submitting the FY 2020-21 ANNUAL NTD REPORT for the applicable transit services as follows:

MOTOR BUS SERVICE
For City’s motor bus service, LACMTA shall pay an amount equal to the 213,561 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.56852457757242847 per revenue vehicle mile. See Attachment A for detail.

DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 18,695 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.56852457757242847 per revenue vehicle mile. See Attachment A for detail.

ARPA ACT EQUIVALENT SUPPLEMENTAL FUNDING

LACMTA shall pay up to $106,057 in ARPA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic.

3.1 The City shall submit one invoice to LACMTA prior to June 30, 2026, in the amount of $238,100 to receive its payment described above.
3 3.2 INVOICE BY CITY:

Send invoice with supporting documentation to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]

Re: LACMTA MOU# MOUPAIBALP23000 M.S. Chelsea Meister (99-4-3)

ARTICLE 4. CONDITIONS

4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.

4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.

4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.

4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.

4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.

ARTICLE 5. REMEDIES

5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.

4 ARTICLE 6. MISCELLANEOUS

6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.

6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.

ARTICLE 7. CONTACT INFORMATION

7.0 LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)

7.1 City’s Address:

Baldwin Park
14403 E. Pacific Ave.

Baldwin Park,CA 91706
Attn: David Lopez
[email protected]

5 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:

L
os Angeles County Metropolitan
Transportation Authority
By:
___________________________
STEPHANIE N. WIGGINS
Chief Executive Officer
D
ate: _______________________
AP
PROVED AS TO FORM:

DAW
YN R. HARRISON
County Counsel
By:
____________________
Deputy
CITY:

City of Baldwin Park
By:______________________
EMMANUEL J. ESTRADA
Mayor
Date: ____________________
APPROVED AS TO FORM:

MARCO A. MARTINEZ

CITY ATTORNEY
By: _____________________
Date: ____________________
Date: __________________

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '20
Using FY '22 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Vehicle
Revenue Hours
Total
Passenger
Trips
Total Passenger
Miles
Total Operating
Costs $ from VRM $from OPCOST Total Generated
Total ($)Due to Jursd Before
Tier 2 Deduction
Tier II
Operator
Deduction
ARPA
Allocation
Amount
Total ($)Due to
Jurisdiction
Glendale MB 802,412 91,653 1,828,547 781,940 8,888,224 456,190.94 1,570 457,760$ 457,760 (50,864) 303,901 710,798 Pasadena MB 721,701 70,280 1,759,735 6,017,984 410,304.76 11,740 422,045$ 422,045 (46,895) 302,275 677,425 LADOT COMMUNITY DASH MB 3,933,868 306,203 4,816,987 5,890,826 41,955,907 2,236,501 18,871 2,255,372$ 2,255,372 (258,914) 1,996,457 LADOT DEPARTMENT OF AGING DR 147,266 28,555 105,917 374,965 4,247,161 83,724 755 84,480$ 84,480 84,480 Total LADOT 4,081,134 334,758 4,922,904 6,265,791 46,203,068 2,320,225 19,627 2,339,851$ 2,339,851$ 2,080,937$ -
Total NTD 5307 Funds 5,605,247 496,691 6,751,451 8,807,466 61,109,276 3,186,721 32,936 3,219,657 3,219,657 (356,674) 3,469,160 -
FY23 Revenue Mile Rate *
FY23 Passenger Mile Rate

0.5685246

0.0228161
Voluntary NTD Reporting-FY15, RY2013

ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY21
Using FY23 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Number of
Vehicles in
Operation
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
ARPA
Allocation
Total
($)Due to
Jurisdiction
Alhambra MB 8 174,548 99,234.83 123,984 223,219 Alhambra DR 7 65,562 37,273.61 37,274 Artesia DR (DT) 5 3,067 1,743.66 5,744 7,488 Azusa DR 6 39,334 22,362.35 43,058 65,421 Baldwin Park MB 6 213,561 121,414.68 106,057 227,472 Baldwin Park DR 2 18,695 10,628.57 10,629 Bell MB 1 30,952 17,596.97 25,536 43,133 Bell DR 9 12,370 7,032.65 7,033 Bellflower MB 2 72,260 41,081.59 44,082 85,164 Bellflower DR 2 9,946 5,654.55 5,655 Bell Gardens MB 3 9,360 5,321.39 67,785 73,107 Bell Gardens DR 3 3,550 2,018.26 2,018 Burbank MB 14 209,767 119,257.70 (23,294) 121,213 217,176 Calabasas MB 11 19,026 10,816.75 58,950 69,767 Calabasas DR 1 13,375 7,604.02 7,604 Carson MB 7 - - - Carson DR 15 48,004 27,291.45 201,215 228,507 Cerritos MB 5 102,412 58,223.74 109,430 167,653 Cerritos DR 10 27,863 15,840.80 15,841 Compton MB 5 201,645 114,640.14 59,542 174,182 Compton DR 2 262 148.95 149 Covina DR 4 35,933 20,428.79 28,025 48,454 Cudahy MB 1 34,666 19,708.47 25,383 45,091 Cudahy DR 5 12,671 7,203.77 7,204 Downey MB 7 98,124 55,785.91 91,941 147,727 Downey DR 16 28,537 16,223.99 16,224 Duarte MB 2 DID NOT REPORT F - - El Monte MB 7 220,080 125,120.89 139,311 264,432 El Monte DR 6 40,988 23,302.69 23,303 Glendora MB 3 30,216 17,178.54 84,874 102,052 Glendora DR 10 40,953 23,282.79 23,283 Huntington Park MB 5 143,351 81,498.57 98,850 180,349 Huntington Park DT 13 49,741 28,278.98 28,279 LACDPWAvocado MB 1 39,443 22,424.31 384,520 17,928 424,872 ####### LACDPWELA MB 6 240,616 136,796.11 146,701 283,497 LACDPWELA DR 7 21,761 12,371.66 12,372 LACDPWEast Valinda MB 1 44,071 25,055.45 20,174 45,230 LACDPWKing Medical MB 1 38,912 22,122.43 16,171 38,294 LACDPWWillowbrook Shuttle MB 2 81,466 46,315.42 37,660 83,976 LACDPWS.Whittier MB 4 214,948 122,203.22 93,642 215,846 LACDPWAthens MB 1 35,798 20,352.04 16,882 37,234 LACDPWLennox MB 33,598 19,101.29 13,227 32,329 LACDPWFloranceFirestone MB 2 58,251 33,117.13 22,134 55,251 Lakewood DR 12 43,500 24,730.82 28,689 53,420 Lawndale MB 2 DID NOT REPORT F - - Lynwood MB 4 147,147 83,656.69 62,365 146,022 Malibu DT 9 4,972 2,826.70 6,786 9,613 ManhattanBeach DR 4 15,507 8,816.11 22,437 31,253 Maywood MB 2 27,586 15,683.32 26,242 41,925 Maywood DR 2 18,912 10,751.94 10,752 MontereyPark MB 6 - - - MontereyPark DR 3 12,957 7,366.37 111,576 118,942 Pico Rivera DR 3 6,739 3,831.29 9,497 13,328 Rosemead MB 2 110,762 62,970.92 80,604 143,575 Rosemead DR 3 23,337 13,267.66 13,268 Santa Fe Springs DR 2 8,751 4,975.16 9,191 14,166 South Gate MB 5 114,125 64,882.87 162,051 226,934 South Gate DT 9 107,991 61,395.54 61,396 SouthPasadena DR 5 14,995 8,525.03 16,319 24,844 WestCovina MB 4 167,140 95,023.20 104,328 199,351 WestCovina DR 4 32,463 18,456.01 18,456 West Hollywood MB 4 116,405 66,179 52,393 118,572 Total 313 3,676,567 2,090,219 361,226 5,029,603 FY23 Revenue Mile Rate 0.568524578

STAFF REPORT
ITEM NO. _____5_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: October 18, 2023
SUBJECT: Approval of a Professional Services Agreement with Nichols Consulting Engineers for the City of Baldwin
Park's Pavement Management System (PMS) Update.

SUMMARY
This item will approve a Professional Services Agreement (PSA) with Nichols Consulting Engineers (NCE) to update of the City’s Pavement Management System (PMS). The agreement also includes a one-year subscription of a dedicated PMS software platform. The system update is required to be performed every three (3) years to certify that the City has a PMS in place and in conformance with the criteria stipulated by the Proposition C Local Return Guidelines established by the Los Angeles County Metropolitan Transportation Authority (LACMTA).

RECOMMENDATION
It is recommended that the City Council:

1. Approve the Professional Services Agreement to Nichols Consulting Engineers (NCE) in the amount of $54,500; and

2. Authorize the Mayor and City Clerk to execute the contract with Nichols Consulting Engineers for the development of the PMS updates.

FISCAL IMPACT
There is no impact to the General Fund. The following table lists the funds available for the project which will be included in FY 2023-24 Capital Improvement Program (CIP) Budget.

Appropriate Amount
Fund 245 – Proposition C Contract for Pavement Management System Updates, 1-year Street Saver software license. $54,500.00
Total Estimated Cost $54,500.00

BACKGROUND
A Pavement Management System (PMS) provides a set of tools and methods that assists the Public Works Department in finding cost effective strategies for providing, evaluating, and maintaining asphalt and concrete pavements in a serviceable condition. A PMS consists of two basic components. The first component is a comprehensive database, which contains current and historical inform ation on pavement conditions, pavement structures, and traffic data on all City streets. The second component is a set of tools that allows staff to determine existing and future pavement conditions and predict financial needs. This information is stored f or each pavement section in the PMS using an industry standard software, Street Saver.

The system is implemented by creating an inventory using historical construction data for all arterial and residential roadway network within the City. The roadway inve ntory is then assessed in the field and a Pavement Condition Index (PCI) is evaluated for each roadway segment. The PCI is a numerical index between “0” and “100”, with “100” representing the best possible pavement condition and “0”

Page 2 ends

representing the worst possible pavement condition. The PCI is a critical factor used to develop the schedule for when roadways would need to be resurfaced or reconstructed.

Local jurisdictions are required by LACMTA to have comprehensive pavement data collected and updated onc e every two years for arterials and collector streets and once every three years for residential streets.

DISCUSSION
The last PMS update was done in March 2021 and the new update was due by June of 2023. LACMTA has granted the City an extension in order for the City to accommodate the implementation of the updated PMS program. The deadline to complete the update is December 2023, to help meet the deadline, staff circulated a Request for Proposals (RFP) in September 2023 for professional services.

A total of two proposals were received for the Pavement Management System updates in response to the City’s request for proposals process. The proposals were reviewed and evaluated based on 1) general responsiveness to the City’s RFP, 2) staff and firm experience with projects in similar size and scope, 3) approach/ methodology, 4) hours and level of effort, 5) ability to meet the City’s schedule and expectations, and 6) references. Given the evaluation criteria and based on NCE’s qualificat ions and understanding of the scope of work, technical expertise, and relevant experience, staff has selected NCE as the consultant for the project.

NCE will use mobile data collection equipment to evaluate the pavement surface. This consists of modified vehicles with GPS-enabled detection equipment that drive the streets and record pavement surface data. In addition, NCE will assist the City in conducting a comprehensive analysis of the planned software program (Street Saver) and make recommendations for implementation to ensure that the software is the most effective for the City’s intended purpose . NCE will provide City staff with training of the software platform and perform a budget needs analysis and assist the City in creating a multi - year pavement rehabilitation program.

ALTERNATIVES

1. The City Council may choose not to award the contract to Nichols Consulting Engineers and reject all proposals. This action will delay the work, may place the City in non-compliance with LACMTA and increase costs.

2. Provide Staff with alternate direction.

CEQA REVIEW
The action being considered by the City Council is exempt from California E nvironmental Quality Act (CEQA) because it is not a “project” under Section 15378 (b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect change in the environment.

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

ATTACHMENTS

1. Professional Services Agreement with NCE

Nichols Consulting Engineers
Consultant Services Agreement Page 1 of 7

CONSULTANT SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this 18th day of October, 2023 by and between the City of Baldwin Park, ("City"), and Nichols Consulting Engineers (“Consultant").

In consideration of the following mutual covenants, provisions a nd agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows:

1. SCOPE OF SERVICES . Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the “Scope of Services” attached to and incorporated into this Agreement as Exhibit “A.” Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation.

2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the “Schedule of Compensation” attached to and incorporated into this Agreement as Exhibit “B.”

3. TIME FOR P ERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices to evaluate the pavement surface , assist the City in conducting a comprehensive analysis of the planned software program and make recommendations for implementation to ensure that the software is the most effective for the Ci ty’s intended purpose , provide City staff with training of the new software platform, perform a budget needs analysis and assist the City in creat ing a multi-year rehabilitation program.

4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City a nd make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters.

5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, i n order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant sha ll be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performe d. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or si milar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and a ll payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder.

6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void ; except that Consultant may assign payments due under this Agreement to a financial institution.

7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein.

Nichols Consulting Engineers
Consultant Services Agreement Page 2 of 7

8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all suc h laws and ensuring that all services provided her eunder conform to such laws. The terms of this Agreement shall be interpre ted according to the laws of the State of California.

9. LIABILITY. Consultant shall indemnify, and hold harmless City, its offici als, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind , name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment re ndered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or enti ty arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or inv itees, as well as, negligent acts or omissions of Consultant, it’s agents, employees, subcontractors or invitees, however, th is indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees.

10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability:
(1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000.

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City.

(D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California.

(2) The coverage provided shall be primary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants’ insurance and not contributed with it.
(3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective.

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for C ity, and the insurer's agreement in this regard shall be reflected in the Workers’ Compensation Insurance endorsement.

11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gath ered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten ( 10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant.

12. RECORDS AND INSPECTIONS . Consultant shall maintain full and accurat e records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable tim es to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to-date list of key personnel and telephone numbers for emergency contact after normal business hours.

13. TAXPAYER IDENTIFICATION NUMBER . Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

14. CONFLICT OF INTEREST . Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing con flict of interest.

15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION . Consultant may not conduct any activity, including any pa yment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candida tes for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.

Nichols Consulting Engineers
Consultant Services Agreement Page 4 of 7

16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice.

17. EFFECT OF TERMINATION . Upon termination as stated in Paragraph “ 16” of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of thi s Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to City’s receipt of a close-out billing.

18. LITIGATION FE ES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, inc luding reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Pr evailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the S uperior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

19. COVENANTS AND CONDITIONS . Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and C onsultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement s hall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns.

21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.

22. DESIGNATED REPRESENTATIVES . The Consultant Represen tative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination wit h the City. The City Representative (B) designated below shall act on the City’s behalf as Project Manager.

(A) CONSULTANT
Nichols Consulting Engineers
17050 Bushard St #200,
Fountain Valley, CA 92708
(714) 848-8897

(B) City of Baldwin Park
Att.: Sam Gutierrez
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 ex. 460
Nichols Consulting Engineers
Consultant Services Agreement Page 5 of 7

23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City’s Designated Representative identified in Paragraph “21” of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written.

Nichols Consulting Engineers

By: ________________________________
Name
Title

Date: ________________________________

CITY OF BALDWIN PARK

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ______________________________ By: _____________________________ Emmanuel J. Estrada Marco A. Martinez
Mayor City Attorney

Date: __________________________ Date: __________________________ 10/10/2023

EXHIBIT A

SCOPE OF SERVICES
October 3, 2023
Engineering Services for the City of Baldwin Park’s
Pavement Management System (PMS) Update
City of Baldwin Park

PROPOSAL TO PROVIDE
Submitted By:

Fountain Valley
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
Phone: 714.848.8897

Fountain Valley, CA
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
(714) 848-8897

October 3, 2023
Shirley Quiñones
Chief Deputy City Clerk
City of Baldwin Park
Department of Public Works
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Proposal – Engineering Services for the City of Baldwin Park’s Pavement Management System (PMS) Update Dear Ms. Quiñones and Members of the Selection Committee:

NCE is familiar with the City of Baldwin Park’s (City’s) street network, as we have previously worked on the City’s Pavement Management System (PMS). More recently, NCE updated the City’s PMS and provided the LA Metro Certification (Proposition C) deliverables in 2021. As per the last PMS update, the City’s street network was in good condition, with the City’s network at a Pavement Condition Index (PCI) of 69. Specifically, the City’s arterial, Collector, and residential had a weighted PCI of 69, 70, and 68, respectively. As part of this project, NCE will partner with the City to update the PMS database, recommend rehabilitation strategies to improve pavement conditions, develop a street rehabilitation list, and develop the LA Metro requirement.

NCE is a nationally recognized pavement specialty firm with extensive experience in updating and maintaining PMS(s) and working with cities to maximize allocated funding and de velop more efficient bidding packages to support rehabilitation and resurfacing programs. With more than 100 person- years of experience with PMS(s) and with NCE’s focus on pavement research, design, and evaluation, we have more knowledge and understanding than any other consulting firm in California. Our highly trained technical staff are experienced in data collection and have worked together on many comparable PMS projects throughout California (see map to the right). We have developed an excellent reputa tion for dedication, integrity, productivity, quality of work and service to our clients. NCE is a Metropolitan Transportation Commission (MTC) certified consultant with widespread experience providing distress inspections and updating the StreetSaver® PMP. The NCE team offers the City:
• Previous Baldwin Park Experience – NCE successfully updated the City’s previous PMS update in 2020/21. Our proposed team can provide the City with the technical and management experience to deliver the PMP project on schedule and within budget as we have in the past. We are familiar with City’s PMP and street network and have established working relationships with City staff. • Understanding of LA Metro Certification (Proposition C) Requirements – NCE understands LA Metr o certification (Proposition C) requirements, having assisted numerous agencies with this requirement including the City of Baldwin Park in 2020/21.
• Southern California experience providing PMS's – NCE has extensive experience in Southern California, and we have worked for more than 90 cities/counties locally on similar PMP projects. In addition to the above, NCE has worked with more than 200 local agencies across California delivering PMP projects. • Specialized Emphasis on Pavements – NCE’s has assisted several agencies in quantifying the impact of utility cuts on pavement life, as well as waste vehicles and developed either a fee schedule or franchise fee associated with premature pavement failures.

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• Real-life Knowledge – NCE understands local agencies’ needs and the types of problems frequently encountered, such as lack of trained personnel or funds, budgetary concerns, and other institutional issues inherent in the use of pavement management systems. NCE understands the constraints and has assisted agencie s in arriving at realistic solutions.
• Certified Inspectors – NCE’s field inspectors and engineers are qualified through the OCTA Inspector Certification Programs to ensure accurate and reliable results. NCE’s field inspectors are also certified through the Metropolitan Transportation Commission (MTC’s), the only agency to administer StreetSaver® certification. • Rigorous Quality Control – NCE’s projects include a Quality Control/Quality Assurance (QC/QA) Manager to provide a thorough review of documents prepared for deliverables who reports directly to the Project Manager. Additionally, NCE’s engineers and technicians undergo mandatory internal training/calibration once a year for field condition surveys as well as for other PMP-related activities.

NCE has the capability to deliver responsive, cost-effective, and high-quality pavement management and pavement engineering services. This contract will be managed from our Fountain Valley office, located less than 35 miles away from the City. We can respond and be at the City’s offices within hours if necessary. These services will be accomplished through a systematic and organized method of work and communication led by NCE’s proposed Project Manager, Vivek Jha, MS, PE. Mr. Jha will be the contact for all correspon dence during the proposal evaluation process. As an Associate of NCE, Mr. Jha is authorized to sign contracts on behalf of the firm. His contact information is as follows:

Vivek Jha, Associate/Southern California Operations Manager 17050 Bushard Street, Suite #200, Fountain Valley, CA 92708 p: (714) 848-8897 ext. 102 | e: [email protected]
We look forward to your favorable review of our SOQ and are excited to continue our working relationship with the City. Please do not hesitate to contact me at the phone number and email shown directly above with any questions.

Sincerely,
NCE

Vivek Jha, PE
Associate/Southern California Operations Manager

City of Baldwin Park
Pavement Management System (PMS) Update
October 3, 2023
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Table of Contents
C
over Letter .................................................................................................................................................................................. 1 A. Project Team .......................................................................................................................................................................... 3 B. Firm’s Experience ................................................................................................................................................................. 12 C. P
roject Understanding ......................................................................................................................................................... 15 D. Project Scheduling ............................................................................................................................................................... 20 E. Resource Requirements ....................................................................................................................................................... 21 F. Fee Schedule ........................................................................................................................................................................ 21 G. Insurance .............................................................................................................................................................................. 22 H. References ........................................................................................................................................................................... 23 City of Baldwin Park
Pavement Management System (PMS) Update
October 3, 2022

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Proposal
A. Project Team
NCE has assembled a team of highly qualified individuals who have extensive experience assisting Southern California cities implement a highly functional pavement management program in addition to LA Metro submittal requirements . Our staff have expertise i n StreetSaver® software , are MTC certifi ed and dedicated to continuous training in the latest versions of software, design, and construction techniques. In addition to frequently participating in such training, members of our staff instruct others throughout the engineering community.

The City can count on our team to provide superior, responsive service on this project. The NCE team is committed to the project for its duration; personnel will not be substituted without prior approval from the City. The organizational chart presented as Figure 1 to the right shows the structure of our team and lines of project roles and responsibilities. All team members, including subconsultants, will be managed as an extension of NCE.

NCE Key Team Members
NCE’s prop osed project personnel have the relevant experience and in -depth understanding of the City’s objectives required to successfully conduct pavement condition inspections for the City. The NCE team will be led by our proposed Project Manager, Mr. Vivek Jha, MS, PE. He is supported by an experienced and trusted team of professionals that have successfully worked together on multiple projects, including our proposed QA/QC Manager, Lisa K. Senn.

NCE’s proposed project personnel have the relevant experience and in -depth understanding of the City’s objectives required to successfully conduct pavement condition inspections for the City. With previous direct project experience, successful completion of similar PMS projects, recognized technical leaders that are proven pavement experts, and an approach that demonstrates a detailed plan for the field inspections; the NCE Team will meet the project goals, save time and money, and make leading, positive contributions to the City’s project. The roles and responsibilities of each project team member along with their professional qualifications and relevant experience are highlighted below, and their corresponding resumes are provided at the end of this section.

Vivek Jha, PE ꓲ Project Manager
Vivek will act as the single focal point on the project and will be responsible for day-to-day project management and will be the City’s single point of contact. He will manage the development of the scope, budget, planning, scheduling, coordination, and quality of the project and will also participate in key meetings. As part of the PMP update, he will direct the data collection activities, PCI calculations, budget analyses, and the preparation of reports.

Vivek is NCE’s proposed Project Manager for this project. Vivek is a highly strategic, organized, and customer- focused Professional Engineer and brings over 13 years of extensive experience in delivering pavement projects on budget and schedule that improve customer retention and satisfaction. He is adept at managing entire project life cycle including developing and maintaining project schedule, controlling project cost, tracking and documenting variance, developing technical and business reports, QA/QC of other reports and data. Vivek has experience with AASHTO 1993, NJDOT Companion Manual, Pavement ME/MEPDG, PCI, Coring, DCP, GPR, FWD, as well as various pavement management software such as StreetSaver® and PAVER ™. He has demonstrated ability to manage internal and external stakeholders by organizing and leading meetings. Vivek’s Southern California PMP/PMS clients include the Cities of Aliso Viejo, Carson, Corona, Diamond Bar, Hermosa Beach, Mission Viejo, Santa Barbara, and Counties of Orange and San Diego.

Figure 1. Project Organization Chart
City of Baldwin Park
Pro ect anager
Vivek Jha, PE 1
S pport Services
Pro ect Engineer
Timin Punnackal, PE 1
ield S pervisor
en uisman 2
Senior ield echnicians
ranc Escobedo 1
Joseph DeLeon 1
C anager
Lisa . Senn 1
egend
1 NCE
2 M rker eospa al

City of Baldwin Park
Pavement Management System Update
October 3, 2023

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Lisa K. Senn ꓲ Quality Assurance and Quality Control (QA/QC) Manager Lisa will be responsible for implementing NCE’s quality control management program for the project. She will address quality control and quality assurance procedures and expectations for each team member and will provide the quality assurance review and its documentation of the documents that will be submitted to the client.

Lisa is NCE’s proposed QA/QC Manager for this project. Lisa has 2 4+ years of experience completing pavement engineering and transportation projects. She has managed many PM S projects and has been involved in every aspect of PM S implementation and updates including collecting field data, performing condition inspections, and calculating analyses to report preparation, and result presentations to decision makers, project management, and quality control. She teaches the distress and software (both PAVER ™ and StreetSaver®) training classes to local agencies for OCTA. She also assists with StreetSaver® training classes for MTC. Ms. Senn has provided PMS training to over 200 city and county engineers and technicians in California. Some of Lisa’s PMP clients include the Cities of Anaheim, Aliso Viejo, Baldwin Park, Buena Park, Burbank, Corona, Diamond Bar, Lake Forest, Santa Barbara, Seal Beach, San Gabriel, Stanton, Torrance, and Vent ura in addition to the Counties of San Diego, Orange, Santa Barbara, and Ventura. Lisa was the Project anager on the NCE team for the City of Baldwin Park’s previo s pdate in 2020 21.

Timin Punnackal, PE ꓲ Project Engineer
Timin will oversee the pavement data collection and provide the analysis and interpretation for the pavement design, the pavement design memorandum, selected pavement details and the specifications related to pavement..

Timin is NCE’s proposed Project Engineer for this project. Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expert ise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Additionally, Timin has taken a leading technical role in various research projects at NCE, and routinely performs literature reviews, report writing, pavement performance data analysis, statistical analysis, sensitivity studies, developing guidelines, and performing FWD testing. He h as also developed macro-enabled documents and SQL queries and applications to assist in the analysis and management of data.

Timin is proficient in using several analysis software including various PMP software such as StreetSaver®, AASHTOWare PavementME Design, Arc is, Microsoft SQL Server, and R Studio. Timin’s Southern California PMP/PMS clients include the Cities of Carson, Chula Vista, and Diamond Bar.

Franc Escobedo ꓲ Senior Field Technician
Franc is NCE’s proposed Senior ield echnician for this pro ect. He will lead/perform the functions relating to data collection.

Apart from conducting field inspections, he performs all functions related to data collection and is an active participant in the quality control process. Franc has over 22 years of experience as a pavement management technician for NCE. He has performed numerous pavement condition inspections throughout California, Idaho and Washington and has collected distress data for various Pavement Management Systems, including StreetSaver®, PAVER™ and Cartegraph sys tems. Franc has collected data for the Cities of Anaheim, Corona, Fullerton, Newport Beach, San Clemente, Santa Ana, Seal Beach, and Stanton, as well as the Counties of Orange and Ventura.

He is certified by both the MTC and the OCTA inspector certificatio n testing programs. Both agencies require companies and inspectors to pass a rigorous field test in order to work in their respective jurisdictions. He also assists with the trainin g of agency staff. Franc was the Senior Field Technician on the NCE team for the City of Baldwin Park’s previo s pdate in 2020 21.

Joseph DeLeon ꓲ Senior Field Technician
Joseph is NCE’s proposed Senior ield echnician for this pro ect. He will lead/perform the functions relating to data collection.

Apart from conducting field inspections, he performs all functions related to data collection and is an active participant in the quality control process. Joseph has completed the Orange County Transportation Authority’s (OCTA) PAVER™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission (MTC) to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector’s knowledge of the distress procedures once a year. Joseph has performed quality control checks of field collected data and pavement maintenance history to ensure that the PMP databases are a ccurate and up to date. His PMP clients include the Cities of

City of Baldwin Park
Pavement Management System Update
October 3, 2023

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Anaheim, Baldwin Park, Buena Park, Cypress, Dana Point, Downey, Manhattan Beach, Newport Beach, Orange, Redondo Beach, San Clemente, Santa Ana, South Gate, Torrance, West Covina, and Whittier, as well as the Counties of San Diego, Santa Barbara, and Ventura. Joseph was the Senior Field Technician on the NCE team for the City of Baldwin Park’s previo s pdate in 2020/21.

Ken Huisman (Märker Geospatial) ꓲ Field Supervisor
Ken will coordinate and manage all facets of the automated or semi-automated survey field work, including crew coordination, survey scheduling, quality components, and timely completion of all fieldwork collection deliverables.

Ken is NCE’s proposed Field Supervisor for this project. Ken brings more than 27 years of extensive experience in the pavement and infrastructure management consulting industry. Over the course of en’s career, he has provided many aspects of infrastructure management to government agencies across North America. During this time, Mr. Huisman has supervised the creation of large and complex public pavement infrastructure and GIS databases for many municipal, state, and federal projects. Mr. Huisman is certified by MTC to perform condition surveys.

He has worked collectively with the NCE team on several pavement management programs using StreetSaver® and PAVER ™, including the Cities of Anaheim, Baldwin Park, Burbank, Corona, Diamond Bar, Hermosa Beach, Manhattan Beach, Mission Viejo, Newport Beach, Redond o Beach, as well as the Counties of Orange, Santa Barbara, and San Diego. Ken was the Field Supervisor on the NCE team for the City of Baldwin Park’s previo s pdate in 2020 21.

Specialized Training, Experience and Professional Competence Our engineers and technicians have also undergone training on both software programs. We have developed and conducted training for numerous cities and counties (both field distress and computer training) for various transportation agencies, such as OCTA and MTC. NCE’s pavement inspectors for this project have been tested and prequalified through both the OCTA and the MTC “Inspector Certification/Testing” programs. This cover both ASTM D6433 -11 for PAVER™ and StreetSaver® modified D6433 distress types. In ad dition, our proposed QA/QC Manager , Lisa K. Senn , attends a week -long PAVER™ training class every two years in order to be familiar with the latest software updates. This enables NCE to remain current in our understanding of the latest updates to the softw are as well as ASTM updates. OCTA has contracted with NCE since 2011 to provide distress training and software training for classes held on an annual basis for the agencies of Orange County. Lisa has conducted those classes since inception.

Resumes
Focused resumes highlighting education, qualifications, experience, and applicable credentials for each proposed key team member are provided on the following pages.

The NCE eam’s Experience with StreetSaver®
Implemented over 125 StreetSaver® PMS’s
NCE’s technicians and engineers are verified in
MTC’s rater certification program
NCE has trained users on the StreetSaver®
software since 1997
All field employees received refresher training
on StreetSaver® distresses once a year
NCE staff have beta tested versions of the
software since 1994 and are members of the
software development team

City of Baldwin Park
Pavement Management System Update
October 3, 2023

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Vivek Jha, MS, PE
Project Manager
Vivek is an experienced Project Manager and serves as an Associate/ Southern California Operations Manager at NCE. He has over 12 years of extensive experience in the pavement field. Vivek specializes in pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. He has a wealth of experience in using non - destructive technology (such as automated distress data, GPR, and FWD) for pavement evaluation and design. Vivek is also adept at mana ging entire project life cycle including developing and maintaining project schedule, controlling project cost, tracking and documenting variance, developing technical reports, QA/QC of other reports and data. Vivek is a registered professional engineer in Maryland and New Jersey.

Representative Projects
Pavement Management Program Update
City of Anaheim, CA
Project Manager. The City has approximately 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER™ to StreetSaver®. Vivek is currently managing the latest round of their PMP update using StreetSaver®. He is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports including submitting the OCTA report for Measure M2 funding.

Pavement Management Program Update
City of Mission Viejo, CA
Deputy Project Manager. The City has approximately 178 centerline miles of local and collector streets and 52 miles of arterial highways. Vivek assisted the City with the latest round (2022) of their PMP update using StreetSaver®. As part of this project Vivek was responsible for the overall QA/QC of the project and ensuring the timely submission of the deliverables (draft and final reports and OCTA Report).

Pavement Management Program
City of Aliso Viejo, CA
Project Manager. The City has approximately 75 centerline miles of public streets. NCE assisted the City in updating the PAVER™ PMP. The previous citywide update was completed in 2018 in compliance with OCTA’s M2 requirements. Vivek was responsible for the analysis and qu ality control of pavement distress data, updating M&R decision trees and the treatment unit costs, and the development of budget scenarios and summary reports.

Pavement Management and Road Surveying
San Diego County, CA
Deputy Project Manager. Covering an area of nearly 1,500 square miles, the County maintains approximately 1,950 centerline miles of roadways. The network is comprised of approximately 1,843 centerline miles of asphalt concrete roadways, with the remainder being exposed cement concrete or unpaved disintegrated granite. Vivek assisted in summarizing the work done by the County and its impact on the “Road to 70” goal and determined the determining the PCI of the underserved communities in each CP .

He is currently assisting the County in identi fying sections with missing As -Built data based on 2015/16 and 2021 network distress survey.

Education
MS, Civil Engineering, Rowan
University, 2009
BS, Civil Engineering, Sardar
Patel College of Engineering,
Mumbai, India, 2007
Registrations/Certifications
Professional Engineer – Civil
MD #52713
Professional Engineer – Civil
NJ #24GE05734600
Pavement Management
Training Levels 1 & 2, 2014
HMA Plant Technologist,
Superpave Levels 1 & 2
HMA Construction
Technologist
Affiliations
Advisory Board Member,
CREATEs
ACRP Panel Member,
Automated Pavement
Condition Survey Practices at
Airports
Joined NCE
2022
Total Years of Experience
13 years

City of Baldwin Park
Pavement Management System Update
October 3, 2023

P a g e | 6
Lisa Senn
Quality Assurance and Quality Control (QA/QC Manager)
Lisa’s experience includes managing projects, overseein g field surveys and quality control procedures for cities and counties throughout California. A natural teacher, Lisa trains engineers, technicians, agencies, and municipalities on various aspects of pavement management, software, and field distress. Lisa has served as Project Manager and Key Trainer for OCTA PAVER™ and StreetSaver® Pavement Management Training Workshops. In addition, she was NCE’s Project Manager for San Clemente’s previous PMP update.

Representative Projects
Training and Technical Support
Orange County Transportation Authority, Orange County, CA Project Manager and Key Trainer. OCTA in accordance with Measure 2 funding for the County and its agencies hired NCE and its staff to train local agencies and staff on the proper methods of collecting distresses on both asphalt concrete and Portland cement concrete. As well as how to perform budget analysis, updating unit costs for M&R work and preparing reports and other data required to be eligible for the funding. In addition, Ms. Senn has been the primary trainer for classes held each year since 2011. Classes cover the ASTM D6433-11 distresses (PAVER™) used during surveys. These classes include classroom discussions as well as field training on how recognize distress, how to coll ect area of distress, and how to determine severity of distress. Once distresses are collected Ms. Senn instructs participants on the use of the software. Class sizes vary between 10 to 35 participants.

Training and Technical Support
City of Santa Barbara, CA
Project Manager. In 2009, the City of Santa Barbara opted to provide in -house PMS operations, as opposed to consultants collecting distress data and preparing reports. Lisa prepared classes to teach the PAVER ™ distress collection and quality control o f collected pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs and the development of budget scenarios and summary reports. She assisted staff on the development of the cost -effective maintenance tre atments and strategies and preparation of custom multiple -year detailed street maintenance plans and budget option reports.

Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Project Manager and/or Quality Assurance and Quality Control (QA/QC) Manager. For Pavement Management Program/System updates and implementations, Lisa is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the developmen t of budget scenarios and summary reports. She has developed the cost -effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections i n the client’s PMP database. She is also an advanced user of both the PAVER ™ and StreetSaver® pavement management software. Some of her Southern California PMP/PMS clients include the following cities, counties and agencies:
• Aliso Viejo
• Anaheim
• Baldwin Park
• Corona
• Cypress
• Dana Point
• Diamond Bar
• Garden Grove
• Highland
• Manhattan Beach
• Mission Viejo
• MTC
• Newport Beach
• Orange City/County
• OCTA
• Poway
• Redondo Beach
• San Clemente
• San Diego County
• Santa Barbara
City/County
• Santa Monica
• West Covina
• Yorba Linda

Education
AA, Business Administration,
Cuesta College, 1988
Registrations/Certifications
Pavement Management
Training Levels 1 & 2, 2017
Affiliations
American Public Works
Association
Maintenance Superintendent
Association
Joined NCE
2011
Total Years of Experience
23 years

City of Baldwin Park
Pavement Management System Update
October 3, 2023

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Timin Punnackal, PE
Project Engineer
Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He currently serves as the Project Manager for th e Long -Term Pavement Performance (LTPP) Material Reference Library for FHWA and oversees the facility operations including incoming and outgoing material shipments and requests. Outside of LTPP, Timin has demonstrated his skills in acquiring and assimilati ng pavement and non - pavement asset data on several projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Additionally, Timin has taken a leading technical role in various research projects at NCE, and routinely performs literature reviews, report writing, pavement performance data analysis, statistical analysis, sensitivity studies, developing guidelines, and performing FWD testing. He has also developed macro-enabled documents and SQL queries and applications to assist in the analysis and management of data. Timin is proficient in using several analysis proprietary software including various PMP software such as StreetSaver®.

Representative Projects
Pavement Management Program and Right-of-way Asset Inventory City of Redondo Beach, CA
Project Engineer. Timin is currently assisting the City with carrying out an inventory of right- of-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right -of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi-year focus plan for the City by carrying out pavement design and base repair marking.

The City has approximately 159.43 centerline miles of streets.

Pavement Management Program Update
City of Diamond Bar, CA
Project Engineer. Timin completed a budgetary analysis using the City of Diamond Bar’s StreetSaver® database. The analysis evaluated the impact of three funding scenarios on the City’s average network pavement condition index (PCI) over the next seven years. Timin determin ed the change in the City’s network PCI given its existing budget, the required budget to maintain the current network PCI, and the required budget to improve the network PCI. From these scenario analyses, Timin was able to provide the City with a multi-year plan that included a list of recommended treatments for roadway sections. The results were summarized in a PMP Update report. Lastly, Timin conducted a StreetSaver® budget analysis training session for the City engineer.

Pavement Management Program Update
City of Carson, CA
Project Engineer. Timin performed a multi -year target -driven budgetary analysis using the City of Carson’s StreetSaver® database. The analysis determined the annual funding required to achieve a PCI of 75 for every street in the City using three analysis periods. Timin compiled the results of the budget analysis in an arrangement of approximately 90 maps, a presentation, and other supporting materials for presentation to the City Council. 2020 Asset Data Collection
City of San Clemente, CA
Project Engineer. NCE assisted the City in carrying out an inventory of the pavement right-of-way assets such as sign, sidewalk, and pavement marking. The sign inventory included MUTCD Code, support type, and spatial location.

Education
MS, Civil Engineering,
University of Nevada, Reno,
2010
BS, Civil Engineering,
University of Nevada, Reno,
2008
Registrations/Certifications
Professional Engineer – Civil,
NV #024624
Affiliations
Friend of TRB Committee
AKP10
Friend of TRB Committee
AKP40
Joined NCE
2009
Years of Experience
12 years

City of Baldwin Park
Pavement Management System Update
October 3, 2023

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Franc Escobedo
Senior Field Technician
Franc has 22+ years of experience as a pavement management technician for NCE, and has performed numerous pavement condition inspections throughout California, His experience includes distress collection across various Pavement Management Systems, includin g the Metropolitan Transportation Commission StreetSaver®, PAVER, Cartographs, and Hansen systems. ranc has completed both the OCTA PAVER and MTC “Distress Identification” courses and now assists with the training of agency staff on both courses. Franc p erforms all activities relating to pavement data collection using hardcopy forms or tablets. As part of the quality control process, he performs cross -checks of data in the PMS database. He regularly performs quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports that are necessary to perform his cross -checks of the collected data. His field experience and expertise are added benefits to agencies during field training.

Representative Projects
County of Orange Program Management System Updates
County of Orange, CA
Engineering Technician. Pavement distress surveyor. Scope includes verifying the road inventory for a road network (674 centerline miles), surveying the roads using ASTM D6433- 11 protocols, updating the maintenance history, developing maintenance strategies, performing multiple b udget scenarios, linking to a GIS shapefile, developing a seven -year work plan, and preparing reports. Concurrent with the pavement condition survey, mobile data collection units gathered high -resolution 360 -degree geo -referenced right -of-way street level digital imagery along with 3D point cloud data. Assets collected included markings, signs, curb ramps, signals, and drainage features.

Pavement Management Inspections
Various Cities and Counties, CA
Senior Field Technician. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield, and/or semi -automated inspections.

Some of his past/current PMP/PMS clients in Southern California include:
• Agoura Hills
• Aliso Viejo
• Anaheim
• Baldwin Park
• Bell
• Buena Park
• Burbank
• Camarillo
• Chula Vista
• Commerce
• Corona
• Dana Point
• Diamond Bar
• Downey
• El Cerrito
• Encinitas
• Hermosa Beach
• Highland
• La Habra
• Lemon Grove
• Manhattan Beach
• Mission Viejo
• MTC
• Newport Beach
• Orange City/County
• OCTA
• Palm Springs
• Poway
• San Clemente
• San Diego County
• San Dimas
• San Gabriel
• Santa Barbara
City/County
• Santa Maria
• Santa Monica
• Seal Beach
• Stanton
• Thousand Oaks
• Torrance
• Ventura County
• Vista
• West Covina
• Whittier
• Yorba Linda

Education
Computer Operations
Program, Computer Learning
Center, Los Angeles, CA,
1983-84
Network Engineering &
Administrative Program
Computer Learning Center,
Anaheim, CA, 1997
Certified Network
Administration
Computer Learning Center,
Anaheim, CA 1997
Registrations/Certifications
OCTA PAVER Certification
(expires 2023)
MTC StreetSaver® Rater
Certification Program
(expires November 2023)
Joined NCE
2004
Years of Experience
22 years

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Joseph DeLeon
Senior Field Technician
Joseph joined NCE in 2017 as a pavement management technician and is experienced in collecting distress data for pavement management systems. Apart from conducting field inspections, he has performed all functions related to data collection and is an active participant in the quality control process. As part of this process, he performs cross -checks of data in the PMP database. Joseph has performed quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. Dur ing this process, he generates detailed reports, needed to help perform his crosschecks of the data collected. Joseph has completed the Orange County Transportation Authority’s (OCTA) PAVER ™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission (MTC) to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector’s knowledge of the distress procedures once a year. The Pavement Inspector Certification/Testing covers both ASTM D6433 for PAVER™ and StreetSaver® modified ASTM D6433 distress types.

Representative Projects
Pavement Management System
City of Santa Barbara, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected residential, collector and urban arterial streets in Santa Barbara.

Pavement Management Systems
City of Stanton, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected urban arterials in Stanton.

Pavement Management Systems
City of Newport Beach, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the AS TM19/20 system. Conducted windshield inspections on residential, collector and alleyways in Newport Beach.

Pavement Asset and Management and Pavement Condition Inspections Various Cities and Counties, CA
Field Technician. Listed below are a collection of agencies that he has performed condition inspections. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield and/or semi -automated. Some of his current/past PMP/PMS clients in Southern California include:
• Anaheim
• Baldwin Park
• Buena Park
• Cypress
• Dana Point
• Downey
• Garden Grove
• Highland
• Lake Forest
• Manhattan Beach
• MTC
• Newport Beach
• Orange City/County
• Orange Cove
• Redondo Beach
• San Clemente
• San Diego County
• Santa Ana
• Santa Barbara City/
County
• South Gate
• Thousand Oaks
• Torrance
• Ventura City/County
• West Covina
• Whittier
• Yorba Linda

Education
Mendocino College
Registrations/Certifications
OCTA PAVER Certification
(expires 2023)
MTC StreetSaver® Rater
Certification Program
(expires 2023)
Joined NCE
2017
Years of Experience
5 years

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October 3, 2023

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Ken Huisman (Märker Geospatial
Field Supervisor
Ken brings over 27 years of expertise and experience in the pavement and infrastructure management consulting industry. Ken has provided many aspects of infrastructure management to government agencies across North America. During this time, Ken has supervised the creation of large and complex public pavement infrastructure and GIS databases for many municipal, state, and federal projects.

Over the course of en’s career, he has developed an extensive portfolio in providing PMP services and is proficient w ith most off -the-shelf pavement management programs in the marketplace. Ken is routinely consulted by various agencies to provide helpful solutions that are applied throughout the entire life cycle of public infrastructure management. Ken is a graduate of the School of Engineering at Georgian College in Canada. He spent 17+ years of his career with Stantec Consulting working his way up to Senior Associate before founding Mission Geographic in 2007, now known as Märker Geospatial, a firm dedicated to providing public works users and decision makers with a variety of innovative and useful infrastructure asset management tools. In summary, en’s experience with various operation management software technologies together with data collection and GIS mapping services—such as infrastructure asset inventories, condition assessments, GIS field infrastructure mapping, and 3D reality capture using LiDAR, has made him a great resource for all the clients that he works with.

Career Accolades:
• Participate in the FHWA on the Long-term Pavement Performance program. • Served and helped over 220+ local government public works agencies. • Aided ten (10) state and provincial governments on pavement management projects.
• Involved with some of the earlier high-speed pavement profiling equipment provided in the industry.

Representative Projects
Ken has worked collectively with the NCE team on many pavement management projects for many cities and counties in California as noted below:

Cities and Counties:
• Aliso Viejo
• Anaheim
• Bakersfield
• Baldwin Park
• Burbank
• Calaveras County
• Clearlake
• Citrus Heights
• Contra Costa County
• Davis
• Diamond Bar
• Elk Grove
• Fresno
• Glenn County
• Hermosa Beach
• Highland
• Kern County
• Kings County
• Lake County APC
• Lakeport
• Madera County
• Manhattan Beach
• Mendocino COG
• Merced County
• Monterey County
• Napa
• Orange City/County
• Rancho Cordova
• Redondo Beach
• Rocklin
• Redondo Beach
• Sacramento City/County
• San Diego County
• Santa Barbara City/County
• Santa Cruz City/County
• Shasta County
• Siskiyou County
• Thousand Oaks
• West Sacramento
• Yolo County
Other State and Provinces
• Arizona DOT
• California DOT (Caltrans)
• Oregon DOT

Registrations/Certifications
OCTA PAVER™
Certification (expires
2024)
MTC StreetSaver® Rater
Certification Program
(expires 2024)
Joined Märker
2007
Years of Experience
27 years

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B. Firm Experience
Firm Profile
NCE is a client -focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resource challenges facing our communities today and in the future. Unique from other civil engineering firms, we have specialized in pavement technology, including pavement management, design, and research for more than three decades.

We have performed pavement condition surveys ranging from state highways in 12 states to local street networks in over 200 cit ies and counties in California. We have surveyed over 100,000 miles of pavements, including alleys and parking lots. Our field data collection ranges from walking surveys as per the StreetSaver® protocols to using specialized automated equipment to collect data such as pavement distresses, roughness, structural strength (deflection testing) to asset data (signs, signals, curb ramps, marking, sidewalks, etc.). We have perfected the semi -automated approach to ensure the results are consistent and reproducible . The semi -automated/automated approach not only saves time and money but is also safe. In addition, it allows the majority (almost 100%) of the network to be surveyed as compared to the walking survey where only a sample of the network is surveyed. Our se rvices include pavement evaluation, testing and design, civil engineering, and the research and design of sustainable and innovative pavement technologies.

NCE was established in 1990, and we have since grown to over 130 employees in seven offices across California, Nevada and Arizona. More than 85% of NCE’s revenues come from local, state, and federal agencies providing NCE with an in -depth understanding of current regulations, policies, and procedures, as well as best practices. Services for this contract will be primarily provided from o r local o ntain Valley ofﬁce.

Subconsultants
NCE has teamed with Märker Gospatial, LLC (Märker) to provide automated condition surveys. We have successfully worked together for twelve years collecting, processing, and delivering accurate pavement condition surveys; as well as on other public works roadway, and roadside infrastructure projects, surveying assets for government agencies.

Märker owns and operates a fleet of right -of-way data collection equipment and uses proven technologies to successfully complete pavement data collection and asset management projects.

Pavement Management Expertise
NCE has extensive experience evaluating and implementing pavement management systems for numerous public agencies throughout California and the west coast. We are a nationally recognized pavement specialty firm, with broad capabilities and expertise in the areas of pavement management, civil engineering, and pavement design, evaluation, and analysis. We provide pavement management services and are proficient with most software currently in use, including StreetSaver®, PAVER ™, and Cartegraph, which account for 76% of all California agencies. We have successfully implemented PMP for numerous cities and can assist the City to plan a regional multi-year capital improvement program more effectively.

We are active in over 10 pavement -related (including pavement and asset management) committees at the Transportation Research Board, a national research organization, and since 2008, we have worked closely with The eag e of California Cities’ Oversight Committee on the Statewide Local Streets and Roads Needs Assessment. Our role has been to lead the systematic

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needs assessment of the local roads and streets in California, report the condition of the system, and describe the overall funding strategies for the local streets and road transportation network.

NCE understands the City would like to use the StreetSaver®, program; we are an MTC certified firm and have a solid familiarity and working knowledge of StreetSaver® . Not only are we StreetSaver® certified, we have been activ ely involved the beta testing and software development; provided technical guidance and support; and developed and delivered training workshops to hundred of city and county staff for the past 30 years. As an indicator of our experience and the quality of our work, NCE received MTC’s award for “Best Pavement anagement Cons ltant.” Over the years, we have also obtained a positive and collaborative relationship with StreetSaver® management and technical staff which serves as a benefit to our clients. When issues arise, StreetSaver® staff serve as an extension of NCE’s team and respond quickly to inquiries.

NCE’s expertise in PMPs is exemplified by our close relationship with MTC. Therefore, we offer the City superio r service and a wealth of knowledge and skills working the program and utilizing the data to apply and recommend new pavement technologies for design and rehabilitation. We are committed to remaining at the forefront of the latest PMP technology and methodology.

Project Experience
NCE has completed over 200 identical or similar projects throughout California delivering the services the City has requested for this project, including PMP updates for over 90 cities and counties located in Southern California a lone. We are currently providing PMP related services for the following agencies (LA county agencies denoted in bold):
• City of Anaheim
• City of Baldwin Park*
• City of Bell*
• City of Buena Park
• City of Burbank
• City of Carson
• City of Dana Point
• City of Diamond Bar^
• City of Downey
• City of Garden Grove
• City of Huntington Park*
• City of Lemon Grove
• City of Lake Forest
• City of Manhattan Beach*
• City of Mission Viejo
• City of Moreno Valley
• City of Newport Beach
• City of Orange
• City of Redondo Beach*
• City of San Gabriel
• City of Santa Ana
• City of Santa Monica*
• City of Seal Beach
• City of Southgate
• City of Stanton
• City of Temple City*
• City of Torrance*
• City of Ventura
• City of West Covina
• City of Whittier
• County of Orange
• County of Santa Barbara
• County of San Diego
• MTC and OCTA

NCE provided Metro certification compliance submittals for many of the clients denoted with an asterisk. The City of Baldwin Park can be assured that similar submittals will be prepared efficiently and cost -effectively to meet the Los Angeles County Metropolitan Transportation Authority’s requirements.

Project Examples
Below are examples of similar Southern California projects with scopes of services relevant to Baldwin Park that NCE and successfully completed by NCE and NCE personnel within the last five (5) years. These project examples demonstrate our team’s PMP/PMS expertise as well as the diverse experience and capabilities that we can provide to the City.

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Street Rehabilitation and Pavement Management System (PMS) Update Services for the City of San Marino, CA Client:

City of San Marino PWD
2200 Huntington Drive
San Marino, CA 91108
Contact:

Amber Shah, PE
Director of Public Works
P: (626) 300-0787
E: [email protected]
Dates: 2002 – Present (PMS)
2018 – Present (Rehabilitation)

2009-2021 PMP Updates: Program Management System Updates and Budget Analysis Project Description: NCE was selected by the City to perform a PMS update in 2015 -2016. As part of the update, NCE p erformed a software assessment and StreetSaver® was populated with city data . We field verified the pavement inventory, performed distress/condition surveys on the entire pavement network (59.75 miles), calculated PCI, performed budgetary analyses including four funding scenarios, developed a multi-year maintenance and repair work plan, prepared final reports, and presented results to City Council.
2022-2024 Street Rehabilitation Program Scope of Work: NCE is currently designing the City’s reconstruction -focused FY 2022 -2023 and FY 2023 -2024 street rehabilitation project totaling $7 million for 4 miles of arterial, collector and residential streets. In addition to determining the pavement treatment, NCE scope of work also includes the design of nearly 300 curb and gutter repair locations, and the evaluation of over 130 intersection corners for curb ramp compliance with the ADA. NCE is currently preparing the PS&E package.

NCE also assisted the City in developing its PS&E package for FY 2020 and 2021.

Project Outcome: NCE has provid ed integrated design services, including PMP, pavement evaluation and design, and preparation of PS&E packages. This approach has resulted in the City improving its network PCI by 7 points, from 65 to 72 over a period of 4 years. This was achieved by creating a focused, multi-year plan that met the city's needs and optimized its capital improvement program bud get. NCE also assisted the City in submitting the documents to comply with LA Metro requirements.

Key Staff: Vivek Jha (PMP Lead), Timin Punnackal (Project Engineer), Franc Escobedo (Senior Field Technician) and Joseph DeLeon (Senior Field Technician).

Year Report was Completed: 2023

Pavement Management System (PMS) Update Services for the City of Baldwin Park, CA Client:

City of Baldwin Park PWD
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Contact:

Yovanni Viramontes, Associate
Engineer
P: (626) 960-4011 ext. 420
E: [email protected]
Dates: 2019 – 2021
Porject Description: The City of Baldwin Park selected NCE in 20 20 to update the pavement management system (PMS). NCE performed the following tasks:
• Implement StreetSaver® for PMS
• Field verified pavement inventory
• Performed distress/condition surveys on the entire pavement network consisting of 114 centerline miles
• Calculated PCI for all streets
• Updated pavement strategies and unit costs in decision tree • Performed budgetary analyses including three funding scenarios and prepared PMP report
• Developed a multi-year maintenance work plan
• Provided training on StreetSaver®
Project Outcome: NCE assisted the City in implementing the StreetSaver to maintain and update the City’s PMS. NCE also assisted the City in submitting the documents to comply with LA Metro requirements.

Key Staff: Lisa Senn (Project Manager), Franc Escobedo (Senior Field Technician), Joseph DeLeon ( Senior Field Technician), and Ken Huisman /Märker Geospatial (Semi-Automated Data Collection).

Year Report was Completed: 2021

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PMP and Asset Inventory Update & Pavement Evaluation and Design for the City of Redondo Beach, CA Client:

City of Redondo Beach PWD
415 Diamond Street
Redondo Beach, CA 90277
Contact:

Lauren Sablan
Principal Civil Engineer
P: (310) 318-0661 x2520
E: [email protected]
Dates: 2017 – Present

Project Description: NCE was selected by the City of Redondo Beach to update its PMP and right -of-way asset inventory for its entire network of 159.43 centerline miles. The scope of work included taking the preliminary recommendation from the PMP and developing a 3 -year work plan by selecting treatments that are based on pavement condition index (PCI), pavement core information, subgrade information determined via laboratory testing, and site constraints. NCE’s engineers field verified each pavement recommendation and performed investigation to determine the most feasible treatment. NCE also assist ed the City in developing work zones to optimize resource utilization and reduce costs. Finally, NCE staff marked base repairs prior to construction each year ; this data will then be used to generate GIS maps, facilitating easy accessibility and tabulation for future reference.

NCE’s scope of work included the following tasks:
• PMP and right-of-way asset inventory
• Work Plan for FY 2023-25 & field review of FY 2023-25 Street List • Pavement coring and laboratory testing, pavement design & marking base repairs • Council Presentation, Technical Workshop, and Technical Support • Sign, curb marking, sidewalk, curb, cross-gutter, manhole, and pavement marking Inventory
Project Outcome: NCE assisted the city in complying with LA Metro Requirements, developed annual street rehabilitation list, and inventoried right-of-way asset.

Key Staff: Vivek Jha (Project Manager), Timin Punnackal (Pavement Engineer), Franc Escobedo (Pavement Technician), Joseph DeLeon (Pavement Technician), and Ken Huisman/Märker Geospatial (Semi-Automated Data Collection).

Year Report was Completed: 2023
C. Project Understanding
NCE understands that the City of Baldwin Park (City) is seeking proposals from consulting firms with expertise in developing, implementing, and/or preparing updates for a pavement management program (PMP). A comprehensive PMP will be critical in assisting the City in developing funding scenarios as well as multi -year budget and treatment plans that are practical and cost-effective. An updated PMP will also allow the City to comply with LA Metro Proposition C requirement, which requires agencies to update the PMP every three (3) years.

Ideally, the PMP is used to prepare a multi -year maintenance plan, which consists of a rotating maintenance schedule using consolidation of treatments versus rehabilitation and zone improvement approaches. These approaches are used by many cities, as it reduces construc tion costs by creating more aggressive bidding and reducing mobilization and minimizing disruptions to businesses and residents. NCE has performed similar analyses for numerous agencies in Southern California.

The City currently manages its street network of approximately 114.5 centerline miles ( Arterial – 22.8, Collector – 30.4, Residential – 58.2, and Alleys – 3.1 centerline miles) of streets and alleys using a detailed inventory of street segments to determine pavement condition and develop its maintena nce and resurfacing program. The last condition surveys were performed by NCE in 2020/21. As part of the last update, the entire City’s street network was evaluated, and network PCI was determined to be at 69. Below are the breakdown by functional class and condition category per the last PMP update. able 1. City’s Pavement Network and Condition S mmary per the 2020 21 P S Functional
Class
Centerline
Mileage Lane Miles # of Sections Pavement
Area (sf)
% Pavement
Area
Weighted
Average PCI
Arterial 22.8 69.4 153 5,623,719 23.8% 69
Collector 30.4 68.3 205 6,369,426 27.0% 70

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Residential 58.2 117.0 511 11,302,965 47.8% 68
Alley 3.1 6.2 31 329,160 1.4% 68
Total 114.5 260.9 900 23,625,270 100% 69

able 2. City’s Pavement Condition Breakdown by Functional Class and Condition Category per the 2020/21 PMS Condition Category PCI Range Arterial Collector Residential Alley Entire Network (%)
Very Good (I) 70-100 11.4% 12.3% 21.2% 0.7% 45.6%
Good (II) 50-69 8.0% 11.0% 22.2% 0.1% 41.3%
Poor (IV) 25-49 4.3% 3.7% 4.3% 0.5% 12.8%
Very Poor (V) 0-24 0.1% 0.0% 0.10% 0.1% 0.3%
Total (%) 23.8% 27.0% 47.8% 1.4% 100.0%
The PMP will provide the City’s policymakers and asset management experts with the following key pieces of information:

1. Updated inventory of the City’s current pavement network, including condition and attribute information of sectionalized street segments, such as to/from locations, functional class, length, width, area, number of lanes, etc.

2. The current Pavement Condition Index (PCI) of the entire network and by functional class.

3. Recommendations for future maintenance and rehabilitation (M&R) strategy based on discussions between NCE and the City’s asset management professionals.

4. A five-year workplan based on various funding and treatment scenarios, which will show the Council and the public the most cost-effective manner of spending the City’s tax revenue and newer revenue sources such as SB1.

5. A long-term funding analysis to determine future needs that will help guide the City Council in making informed policy decisions and achieve PCI goals.

The following sections provide NCE’s scope of work and proposed schedule to complete the work. Please note that as part of the 2020/21 update, NCE evaluated multiple PMS soft ware and determined that StreetSaver was the best fit based on the City’s needs. urther, due to the expedited nature of this project, reevaluating PMS software would cost the City both valuable time and budget. Thus, our scope of work and cost are developed assuming the Scope of Work
NCE has assembled a team of highly experienced individuals who have implemented PMP’s and updates throughout Southern California. The NCE team will be led by Mr. Vivek Jha, MS, PE, who will be responsible for day-to-day project management. Lisa . Senn (NCE Project Manager for the City’s 2020/21 PMS update) , as NCE’s proposed QC/QA Manager, will have the responsibility for incorporating the quality assurance/quality control (QA/QC) steps into our work.

Task A – Project Management and Meetings
NCE will first meet with City staff to kick off the project and review and discuss the technical approach (covering both field and office work) and any administrative matters as may be necessary. At a minimum, items to be discussed will include the following:
• Scope of work, project schedule, budget, and invoicing requirements • Points of contacts
• Monthly Progress Reports
• Field work (scheduling and access requirements for field work; public safety concerns, requirements and procedures; and Quality Control Plan (QCP).

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In addition to the kick -off meeting, NCE will schedule additional meetings with City staff at appropriate milestones to review work performed, update survey progress, and address any questions or issues that arise. NCE will schedule at least two meetings to discuss any items regarding the PMP. After the kick-off meeting, NCE will prepare a draft Quality Control Plan and submit it to the City for review.

Deliverables for Task A:
• Agenda and summary of meetings
• Draft Quality Control Plan
Task B – Pavement Condition Surveys
NCE’s C and OC certified inspectors will inspect the 114.5 miles of City maintained streets and alleys using ASTM D6433 protocols. The evaluation of the pavement surface distress is based on three components:
• Type is defined as ‘What kind of crack or defect is it?’ based on environmental distresses (e.g., block, longitudinal/transverse cracking, weathering) or load related distresses (e.g., alligator cracking, rutting). • Severity is defined as ‘ ow bad is the defect?’ in terms of the measurement or degree of wear associated with the condition.
• Extent refers to quantity or ‘ ow much?’ of the pavement is affected by a particular distress.

As noted in the RFP, NCE will perform pavement distress surveys using an automated method Our team (NCE and
Märker) is well-practiced in collecting, measuring, and mapping all roadway data with a sophisticated automated approach using pavement laser scanners. In addition, our team
complements this automated process with MTC -certified
inspectors in our survey vehicle to identify and confirm all pavement distress data by using our on -board surface distress recording subsystem. One survey pass per pavement section will be performed on one to two lane streets. Additional passes will be pe rformed on streets with three or more lanes or divided streets (see survey coverage area in the illustration to the right).

NCE will be responsible for providing the equipment necessary for the performance of this task. Should City personnel wish to observe NCE’s crews d ring the inspections, they can accompany NCE’s field crews for p to ½ day – to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff, as they become part of the data collection crew, rather than just an observer.

Please note that NCE’s scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short -term maintenance that should be performed.

Quality Control Plan
Effective pavement management involves implementing quality management practices that go beyond a o ne-time survey of the final data. Relying solely on such surveys poses a high risk of failure. To ensure superior quality for our clients, NCE incorporates a Quality Control (QC) component into all our projects. Please refer to Appendix C for a Sample QC P lan. For this NCE’s pavement inspectors have undergone a rigorous certification test through both the Orange County Transportation Authority’s (OCTA) and the Metropolitan Transportation Commission (MTC) “Inspector Certification/Testing” programs.

These cover both ASTM D6433 and StreetSaver® distress protocols.

In addition, M rker is also certified by the Metropolitan Transportation Commission (MTC) “Automated Rating Vendor Certification” program.

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particular project, we have proposed the appointment of a QC/QA Manager, Lisa K. Senn. She will oversee the following project responsibilities.:
• Calibration of all data collection activities
• Review of field activities, including spot checks on the field crews • Review field procedures and making changes as needed
• Compare the field data collected with on-site conditions • Review of all data entry functions, including random spot checks • Review of reports generated, and analyses performed to ensure a quality product NCE’s QC/QA Plan provides for a minimum of 5% of the field data to be re -inspected by a different inspector. A comparison of the distresses (type, severity, and quantity) will be made and at least 95% of re-inspected sections must be in compliance.

In addition to the above, NCE will renew the City’s StreetSaver license for one year as part of this task.

Deliverables for Task B:
• StreetSaver® database with distress data
• PCI listing report
• One-year of StreetSaver Subscription

Task C – Maintenance and Rehabilitation (M&R) History, Decision Tree, Unit Cost, and Budget Analysis M&R History – As part of this task, NCE will revi ew the list of street segments and pavement treatments since the last PMP update in 2020/21 (to be provided by the City). Recent M&R historical data is extremely useful to present accurate pavement conditions and predict future performance. M&R activities (e.g., overlays and reconstructions) that have occurred within the last five years will be entered into the StreetSaver® database.

The City will need to provide the M&R historical records in the following format: street name and identifiers; beginning and ending limits of work; type of treatment; and date of treatment.

Decision Tree & Unit Cost – NCE's expertise in civil and pavement engineering makes us well-suited to help the City create an M&R decision tree. We will work with City staff to identify past successful treatments and explore rehabilitation treatments like cold in-place recycling and asphalt rubber overlays. Once the M&R alternatives are defined , we will determine treatment unit costs for each alternative and ensure accuracy by re viewing recent bid tabs and neighboring cities' unit prices. Our unit prices will be fully loaded rates and will include not just contractors’ prices but also design, inspection, and testing costs.

Budgetary Analysis – NCE will perform a Budget need analysis using an analysis period of five years (can be as many as 30) .

This task will identify M&R requirements for each street section and determine the total M&R requirements over the entire analysis period. The costs are then summed up for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street sections for repair under constrained budgets.

The Budget Scenarios evaluation prioritizes road sections for repair under constrained, realistic, budgetary assumptions. Three budget- or target-driven scenarios will be performed after discussions with City staff. The budget analysis will focus on how different scenarios impact the PCI over time and how much (if any) additional fun ding is required to achieve the target PCI goals (determined by the City) for each scenario. Examples of typical scenarios include:

Simply put, the Budget-Need analysis answers these questions:
“If I have unconstrained funding to meet my PCI goals, which streets should I fix? When should I fix them?
What treatments should I apply?
ow much will it cost?”

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• Future pavement condition based on historical funding of pavement maintenance • Impact of drops and/or increases in existing funding on network PCI • Funding levels necessary to maintain current network PCI • Funding level necessary to improve current network PCI Deliverables for Task C:
• M&R history report
• Virtual meeting to discuss treatment alternatives and costs • Results from three (3) budget scenarios
Task D – Report
Based on discussion with the project team (NCE and City staff), a preferred scenario will be recommended. The results from the preferred scenario will be used to develop a five -year rehabilitation program. Upon completion of the analyses, NCE will prepare a Draft Report for the City to review. ollowing the City’s review of the Draft Plan, NCE will prepare a inal Report.

The Final Report will be a single comprehensive document with appendices that clearly and concisely contains all relevant findings, observations, and recommendations. The report and its exhibits will be presented legibly. The report charts and map exhibits will have distinguishable color gradations. At a minimum, the Final report will contain the following components:
• Executive Summary outline complete report
• Methodologies utilized for field surveys and budget analysis • Current overall pavement conditions (PCI)
o Condition distribution by functional road classification o Condition distribution by percent of roadway network
o Condition comparison with other cities in region and state • Projected annual repair/rehabilitation road maintenance programs over a 5-year period • Analysis that allows City to measure impact of cost of deferred maintenance for various funding levels • Exhibit showing proposed annual work to be performed based upon available funding over a 5-year period • GIS map exhibit showing existing PCI rating and a 5-year work program (see sample in Appendix B) • Quality Management Plan document
As part of this task, NCE will also present the findings from this project to the City Council at no extra cost to the City.

Deliverables for Task E:
• Draft Report
• Virtual meeting to discuss draft report
• Final Report by December 20, 2023 by NTP provided by October 16, 2023; Council Presentation

In simplistic terms, the Budget Scenario answers the questions:
“If I only have limited funds for road maintenance and repair, which streets have the highest priority? When should I perform the repairs?
ow much will it cost?”
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Pavement Management System Update
October 3, 2023

P a g e | 19
D. Project Schedule
NCE proposes the following schedule for all work to be completed from receipt of the NTP to submittal of the final report.

E. Resource Requirements
NCE’s itemized man hour is provide below. As requested, our “Not-to-Exceed” ee Proposal is enclosed in a separately sealed envelope.

Task Description
Hourly Breakdown by Personnel
Project
Manager
QC/QA
Manager
Project
Engineer Technician Project
Administrator
Staff Name Vivek Jha Lisa Senn Timin P. Franc E.
& Joseph D. Donna A.

Task A: Project Management and Meetings 6 4 4
Task B: Pavement Condition Surveys - Automated 2 4 6 80 2 Task C: Maintenance and Rehabilitation (M&R) History,
Decision Tree, Unit Cost, and Budget Analysis 6 4 40
Task D: Report 4 10 40 3
Totals 18 18 90 80 9
NCE’s “not-to-exceed” cost proposal and hourly fee schedule are provided in a separate file clearly marked “Cost File,” per the requirements of the RFP.

F. Fee Schedule
SCHEDULE OF CHARGES 2023

PROFESSIONAL SERVICES
Principal ........................................................................................................................................................................................ $240/hour Associate ....................................................................................................................................................................................... $210/hour Senior II ......................................................................................................................................................................................... $200/hour Senior I .......................................................................................................................................................................................... $190/hour Project II ........................................................................................................................................................................................ $180/hour Project I ......................................................................................................................................................................................... $140/hour Staff II ............................................................................................................................................................................................ $135/hour

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Staff I ............................................................................................................................................................................................. $130/hour

TECHNICAL SERVICES
Senior Construction Manager* .................................................................................................................................. $160/($185-PW)/hour Construction Inspector* ............................................................................................................................................ $140/($165-PW)/hour Senior Designer ............................................................................................................................................................................. $170/hour CADD Designer .............................................................................................................................................................................. $150/hour CADD Technician ........................................................................................................................................................................... $130/hour Senior Field Scientist ..................................................................................................................................................................... $135/hour Field Scientist ................................................................................................................................................................................ $115/hour Senior Technician* ..................................................................................................................................................... $100/($125-PW)/hour Field/Engineering Technician* ..................................................................................................................................... $90/($115-PW)/hour Project Administrator ................................................................................................................................................................... $100/hour Technical Editor ............................................................................................................................................................................ $100/hour Clerical ............................................................................................................................................................................................ $90/hour

CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.

LITIGATION SUPPORT
Engineer/Scientist ......................................................................................................................................................................... $380/hour Court Appearances & Depositions ................................................................................................................................................ $575/hour

EQUIPMENT
Plotter ...................................................................................................................................................................... (separate fee schedule) Truck .............................................................................................................................................................................................. $115/day Automobile ................................................................................................................................................. IRS Standard Mileage Rate+10% Falling Weight Deflectometer Testing ........................................................................................................................................ $4,000/Day Coring .......................................................................................................................................................................................... $5,000/Day Environmental Equipment ....................................................................................................................................... (separate fee schedule)

OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel b y common carrier, subsistence, subcontractors, etc. ......................................................................................................................................... cost + 10%

COMMUNICATION/REPRODUCTION
In-house costs for postage, printing and copying .. ............................................................................................ project labor charges x 5%

TERMS
Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past -due accounts. NCE ma kes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.

*A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations.

G. Insurance
NCE has reviewed and concurs with the provisions and can/will meet the insurance requirements without alterations to this agreement. Upon award of a contract, NCE will provide the City with a certificate of insurance naming the City as “an” additionally insured. NCE also understands the City’s insurance coverage requirements are a prerequisite for entering into an agreement with the City. Below is a summary of our current insurance coverage for comprehensive, general liability, professional liability, automotive liability, and workers compensation.

Commercial General Liability
Each Occurrence: $1,000,000.00
Aggregate: $2,000,000.00
Workers Comp Employer’s iability
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P a g e | 21
Each Occurrence: $1,000,000.00
Aggregate: $1,000,000.00
Automotive Liability
Each Occurrence: $1,000,000.00
Aggregate: $1,000,000.00
Professional Liability
Each Occurrence: $2,000,000.00
Aggregate: $2,000,000.00
Excess/Umbrella Liability
Each Occurrence: $5,000,000.00
Aggregate: $5,000,000.00
H. References
NCE has had the privilege to work with m any counties, cities, and towns in California, including Baldwin Park, on pavement - related projects. The individual and agency references provided below will allow the City to verify NCE’s experience with similar projects, as well as the level of satisfaction of our clients.

NCE Client References
2022 PMS Update; Residential and Collector Streets Rehabilitation (Areas 3, 4, and 5) and Arterial Streets Rehabilitation, and Areas 3, 4, and 5 Residential Neighborhood ADA Curb Ramps Improvement Projects Agency: City of Diamond Bar
Contact Name: Christian Malpica, Associate Engineer
Address: 21810 Copley Drive, Diamond Bar, CA 91765
Phone Number: (909) 839-7042
FY 2022-23 and FY 2023-24 Street Rehabilitation Program and Pavement Management Program Update Services Agency: City of San Marino
Contact Name: Amber Shah, PE, Parks and Public Works Director Address: 2200 Huntington Drive, San Marino, CA 91108
Phone Number: (626) 300-0787
PMP and Asset Inventory Update & Pavement Evaluation and Design Agency: City of Redondo Beach
Contact Name: Lauren Sablan, Principal Civil Engineer
Address: 415 Diamond Street, Redondo Beach, CA 90277
Phone Number: (310) 318-0661

Collaboration. Commitment. Confidence.
www.ncenet.com

EXHIBIT B

SCHEDULE OF COMPENSATION
Project
Manager
QC/QA
Manager
Project
Engineer Technician Project
Administrator
Staff Name Vivek Jha Lisa Senn Timin P. Franc E.
& Joseph D. Donna A.

Task A: Project Management and Meetings 6 4 4 2,700$
Task B: Pavement Condition Surveys - Automated 2 4 6 80 2 31,300$ Task C: Maintenance and Rehabilitation (M&R) History, Decision Tree, Unit Cost, and Budget Analysis 6 4 40 9,400$
Task D: Report 4 10 40 3 11,100$
Totals 18 18 90 80 9 54,500$
Assumptions
Task B includes 1-year of StreetSaver license
Task D - Includes one draft report and one Final report; Includes City Council Presentation at no extra cost to the City Task C - Includes One meeting to develop the City's decision tree, updating M&R history since the last update in March 2021, and 3 budget analysis Total Cost
Task A - Includes 1 kick-off meeting and 1 project status update meeting.

Task B - Assumes 114 centerline miles of streets using automated method and includes 5% QC reinspection.

Hourly Breakdown by Personnel

CITY OF BALDWIN PARK

PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE

COST PROPOSAL
Task Description
Submitted by: Nichols Consulting Engineers, Chtd. Date Submitted: October 10, 2023

STAFF REPORT
ITEM NO. _____6_____

Page 1 ends

TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
Nick Baldwin AICP, City Planner
PREPARED BY: Melissa Chipres, Associate Planner
DATE: October 18, 2023
SUBJECT: Approval of a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker,
Landscape Architecture to provide landscape plan
check review consulting services.

SUMMARY
This report requests the City Council approve a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker Landscape Architecture, to provide on -call landscaping architecture plan checking services for private and public development in the City.

RECOMMENDATION
It is recommended that the City Council approve professional services agreements in substantial form to that attached as Attachment Nos.1-3, subject to any non-substantive changes made by the CEO and City Attorney.

FISCAL IMPACT
There is no fiscal impact related to the approval of a prequalification landscape plan check consulting services list. The current deposit for a landscape plan check review is $1,250 for residential projects and $2,500 for commercial development. These costs will be reimbursed by the developer. Costs are based on the charges from the landscape architecture firm and staff time based on a fully burdened hourly rate.

BACKGROUND

The Planning Division is in need of professional services to assist in the r eview of landscaping and irrigation plans. Historically, the Planning Division has utilized three Landscape Architecture firms to assist in reviewing landscape plans. These three firms are Architerra Design Group, David Evans and Associates, and Richard Fisher Associates. The existing three -year contract has since expired.

Landscape architects are trained in plant selection, plant growth, and irrigation layout. The City adopted in 2012 a State-required Water Efficient Landscape ordinance. This o rdinance requires the submittal of water calculations that are correlated with the plants in zones of water usage. Due to the complexity of the irrigation calculations and the desire for the City to obtain high quality landscape plan review, it is appropriate to continue utilizing professional landscape plan check services.

Page 2 ends

On August 31, 2023, staff issued a Request for Qualifications (RFQ) for Environmental Consulting Services. On September 14, 2023, proposals were received from the following 4 firms:

Consultant Location
Architerra Design Group Rancho Cucamonga
Armstrong & Walker Landscape Architecture Duarte
David Evans & Associates Ontario
VDLA Solana Beach

The proposals were reviewed by staff for completeness, relevant experience, qualifications of proposed project team, and understanding of the scope of services. The following list of recommenced firms are listed below in alphabetical order

Consultant Location
Architerra Design Group Rancho Cucamonga
Armstrong & Walker Landscape Architecture Duarte
David Evans & Associates Ontario

DISCUSSION

EVALUATION AND SELECTION OF CONSULTANT

Upon evaluation of the proposals, staff is recommending that the City Council authorize a prequalification list with these (3) three firms to provide landscape plan check consulting services for private and public development projects in the City for three years ending October 18, 2026 . The recommended firms have the ability to fulfill the needs of the City.

Staff selected firms of varying sizes (small, medium, and large firms) as development projects come in a variety of sizes. In addition, some of the selected firms can complete the landscape plan reviews in- house while others utilize sub -consultants. The selected firms have a diversity of size and range of expertise allowing for the city to select the most appropriate proposal (price, timefr ame, areas of expertise) from one of the firms depending on the type of development proposed.

LEGAL REVIEW
None required.

ATTACHMENTS
#1, Contract Agreement with Architerra Design Group,
#2, Contract Agreement David Evans & Associates
#3, Contract Agreement Armstrong & Walker Landscape Architecture [ARCHITERRA DESIGN GROUP]
Consultant Services Agreement Page 1 of 7

CONSULTANT SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this __ day of OCTOBER, 20__ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] (“Consultant").

In consideration of the following mutual covenants, provisi ons and ag reements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows:

3. TIME FOR PERFORMAN CE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices rendering services with the skill and care ordinarily practiced by similar professionals in similar circumstances at simila r times and locations (“Standard of Care”) and for the duration of the assignment from the date this agreement is entered to.

4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and ma ke them accessible for audit or examin ation for a period of three years after final payments are issued and other pending matters.

5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in ord er to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. C onsultant shall be free to contract fo r similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder.

6. ASSIGNMENT. This Agreement is fo r the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; exc ept that Consultant may assign payments due under this Agreement to a financial institution.

7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein.

8. COMPLIANCE WITH LAW. Contract services shall be provided in accorda nce with the applicable laws and regulations of all governmental agencies that are in force at the [ARCHITERRA DESIGN GROUP]
Consultant Services Agreement Page 2 of 7

time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such law s and ensuring that all services provi ded hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California.

9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any an d all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendere d against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees , as well as, negligent acts or omissi ons of Consultant, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees.

10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City.

(D) Worker's Com pensation Insurance that complies with the minimum statutory requirements of the State of California.

(E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance refl ecting the above, and an endorsement f or each policy of insurance which shall provide:
(1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker’s Compensation);
(2) The coverage provided shall be pr imary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any [ARCHITERRA DESIGN GROUP]
Consultant Services Agreement Page 3 of 7

insurance or self-insurance maintained by City or its offi cials, officers, agents or employees shall be in excess of Consultants’ insurance and not contributed with it.
(3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective.

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this re gard shall be reflected in the Workers’ Compensation Insurance endorsement.

11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for a ll purposes to be the property of City . City’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performan ce of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant.

12. RECORDS AND INSPECTIONS . Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examin e and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to-date list of key personnel and telephone numbers for emergency contact after normal business hours.

13. TAXPAYER IDENTIFICATION NUMBER . Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

14. CONFLICT OF INTEREST . Consultant agrees tha t any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest.

15. POLITICAL ACTIVITY/ LOBBYING CERTIFICATION . Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of an y federal contract, grant, loan, inten ded to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.

16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice.

[ARCHITERRA DESIGN GROUP]
Consultant Services Agreement Page 4 of 7

17. EFFECT OF TERMINATION . Upon termination as stated in Paragraph “ 16” of this Agreement, Cit y shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Con sultant shall be entitled to payment f or work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to City’s receipt of a close-out billing.

18. LITIGATION FEES . Should litigation arise out of this Ag reement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amou nt of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superi or Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

19. COVENANTS AND CONDITIONS . Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consul tant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns.

21. MODIFICATION OF AGR EEMENT. This Agreement may not be mod ified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.

22. DESIGNATED REPRESENTATIVES . The Consultant Representativ e (A) designated below shall be respon sible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City’s behalf as Project Manager.

(A) CONSULTANT
[Architerra Design Group]
[10221 A- Trademark St]
[Rancho Cucamonga, CA. 91730]
[909-4484-2800]

(B) City of Baldwin Park
Att.: [Enrique C. Zaldivar P.E./CEO]
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 X482

[ARCHITERRA DESIGN GROUP]
Consultant Services Agreement Page 5 of 7

23 NOTICES. Notices pursuant to this Agreement shall be in writing and m ay be given by personal delivery or by mail. Notices shall be directed to City’s Designated Representative identified in Paragraph “21” of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written.

CITY OF BALDWIN PARK

By:

Enrique Zaldivar,P.E. Chief Executive Officer

Dated:

CONSULTANT:
[Architerra Design Group]

By:

Name/Title

Dated:

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF COMPENSATION

[DAVID EVANS AND ASSOCIATES]
Consultant Services Agreement Page 1 of 7

CONSULTANT SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this __ day of OCTOBER, 20__ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] (“Consultant").

In consideration of the following mutual covenants, provisi ons and ag reements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows:

4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and ma ke them accessible for audit or examin ation for a period of three years after final payments are issued and other pending matters.

5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in ord er to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. C onsultant shall be free to contract fo r similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder.

6. ASSIGNMENT. This Agreement is fo r the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; exc ept that Consultant may assign payments due under this Agreement to a financial institution.

7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein.

8. COMPLIANCE WITH LAW. Contract services shall be provided in accorda nce with the applicable laws and regulations of all governmental agencies that are in force at the [DAVID EVANS AND ASSOCIATES]
Consultant Services Agreement Page 2 of 7

9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any an d all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendere d against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees , as well as, negligent acts or omissi ons of Consultant, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees.

10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City.

(D) Worker's Com pensation Insurance that complies with the minimum statutory requirements of the State of California.

(E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance refl ecting the above, and an endorsement f or each policy of insurance which shall provide:
(1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker’s Compensation);
(2) The coverage provided shall be pr imary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any [DAVID EVANS AND ASSOCIATES]
Consultant Services Agreement Page 3 of 7

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this re gard shall be reflected in the Workers’ Compensation Insurance endorsement.

11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for a ll purposes to be the property of City . City’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performan ce of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant.

12. RECORDS AND INSPECTIONS . Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examin e and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to-date list of key personnel and telephone numbers for emergency contact after normal business hours.

13. TAXPAYER IDENTIFICATION NUMBER . Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

14. CONFLICT OF INTEREST . Consultant agrees tha t any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest.

15. POLITICAL ACTIVITY/ LOBBYING CERTIFICATION . Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of an y federal contract, grant, loan, inten ded to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.

16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice.

[DAVID EVANS AND ASSOCIATES]
Consultant Services Agreement Page 4 of 7

17. EFFECT OF TERMINATION . Upon termination as stated in Paragraph “ 16” of this Agreement, Cit y shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Con sultant shall be entitled to payment f or work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to City’s receipt of a close-out billing.

18. LITIGATION FEES . Should litigation arise out of this Ag reement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amou nt of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superi or Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

19. COVENANTS AND CONDITIONS . Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consul tant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns.

21. MODIFICATION OF AGR EEMENT. This Agreement may not be mod ified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.

22. DESIGNATED REPRESENTATIVES . The Consultant Representativ e (A) designated below shall be respon sible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City’s behalf as Project Manager.

(A) CONSULTANT
[David Evans and Associates]
[4141 East Inland Empire Blvd. Ste. 250]
[Ontario, CA. 91764]
[909-481-5740]

(B) City of Baldwin Park
Att.: [Enrique C. Zaldivar P.E./CEO]
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 X482

[DAVID EVANS AND ASSOCIATES]
Consultant Services Agreement Page 5 of 7

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written.

CITY OF BALDWIN PARK

By:

Enrique Zaldivar,P.E. Chief Executive Officer

Dated:

CONSULTANT:
[David Evans and Associates]

By:

Name/Title

Dated:

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF COMPENSATION

[ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE]
Consultant Services Agreement Page 1 of 7

CONSULTANT SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this __ day of OCTOBER, 20__ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] (“Consultant").

In consideration of the following mutual covenants, provisi ons and ag reements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows:

4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and ma ke them accessible for audit or examin ation for a period of three years after final payments are issued and other pending matters.

5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in ord er to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. C onsultant shall be free to contract fo r similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder.

6. ASSIGNMENT. This Agreement is fo r the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; exc ept that Consultant may assign payments due under this Agreement to a financial institution.

7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein.

8. COMPLIANCE WITH LAW. Contract services shall be provided in accorda nce with the applicable laws and regulations of all governmental agencies that are in force at the [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE]
Consultant Services Agreement Page 2 of 7

9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any an d all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendere d against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees , as well as, negligent acts or omissi ons of Consultant, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees.

10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder:

(C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City.

(D) Worker's Com pensation Insurance that complies with the minimum statutory requirements of the State of California.

(E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance refl ecting the above, and an endorsement f or each policy of insurance which shall provide:
(1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker’s Compensation);
(2) The coverage provided shall be pr imary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE]
Consultant Services Agreement Page 3 of 7

(F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this re gard shall be reflected in the Workers’ Compensation Insurance endorsement.

11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for a ll purposes to be the property of City . City’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performan ce of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant.

12. RECORDS AND INSPECTIONS . Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examin e and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to-date list of key personnel and telephone numbers for emergency contact after normal business hours.

13. TAXPAYER IDENTIFICATION NUMBER . Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

14. CONFLICT OF INTEREST . Consultant agrees tha t any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest.

15. POLITICAL ACTIVITY/ LOBBYING CERTIFICATION . Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of an y federal contract, grant, loan, inten ded to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.

16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice.

[ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE]
Consultant Services Agreement Page 4 of 7

17. EFFECT OF TERMINATION . Upon termination as stated in Paragraph “ 16” of this Agreement, Cit y shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Con sultant shall be entitled to payment f or work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to City’s receipt of a close-out billing.

18. LITIGATION FEES . Should litigation arise out of this Ag reement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amou nt of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superi or Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute.

19. COVENANTS AND CONDITIONS . Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consul tant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns.

21. MODIFICATION OF AGR EEMENT. This Agreement may not be mod ified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties.

22. DESIGNATED REPRESENTATIVES . The Consultant Representativ e (A) designated below shall be respon sible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City’s behalf as Project Manager.

(A) CONSULTANT
[Armstrong & Walker, Landscape Architecture]
[280 Mel Canyong Rd.]
[Duarte, CA. 91010]
[626-357-4599]

(B) City of Baldwin Park
Att.: [Enrique C. Zaldivar P.E./CEO]
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 X482

[ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE]
Consultant Services Agreement Page 5 of 7

23 NOTICES. Notices pursuant to this Agreement shall be in writing and m ay be given by personal delivery or by mail. Notices shall be directed to City’s Designated Representative identified in Paragraph “21” of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written.

CITY OF BALDWIN PARK

By:

Enrique Zaldivar,P.E. Chief Executive Officer

Dated:

CONSULTANT:
[Armstrong & Walker, Landscape Architecture]

By:

Name/Title

Dated:

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF COMPENSATION

STAFF REPORT
ITEM NO. _____7_____

Page 1 ends

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

DATE:

Manuel Carrillo Jr., Director of Recreation & Community Services
October 18, 2023
SUBJECT: Approval of a Professional Service Agreement for Communications and Social Media Services with Tripepi
Smith & Associates, Inc.

SUMMARY
The purpose of this staff report is for the City Council to consider approval of a Professional Service Agreement (PSA) for Communications and Social Media Services with Tripepi Smith & Associates, Inc.

RECOMMENDATION
It is recommended that the City Council to:
1) Approve Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.; and
2) Authorize the Mayor to Execute the Agreement; and
3) Authorize the Director of Recreation & Community Services to execute any associated documents needed for the Agreement; and
4) Authorize the Director of Finance Director to make necessary budget adjustment.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The adopted Budget for FY23 -24 has an appropriation of $39,000 in account 230-10-110-51100-11402. The negotiated agreement is determined by an hourly rate and per project. There is no monthly retainer at this time. The total annual cost for this agreement is not to exceed $39,000. The 2nd year‘s cost will be included during the FY2024-25 budget process.

Description Total
Fiscal Year 2023-2024 (1st Year) $39,000
Fiscal Year 2024-2025 (2nd Year) $39,000
Total $78,000

BACKGROUND

At their July 7, 2021 City Council Meeting, Staff presented the list of firms received in response to the Request for Proposals (RFP) for City Council to select a firm. At a subsequent City Council Meeting, the City Council directed Staff with City Council consensus to negoti ate an agreement with Tripepi Smith& Associates, Inc. to be presented at a subsequent meeting. At their November 2, 2022, City Council Meeting, City Council approved a renewal of one (1) year Agreement through November 2, 2023.

Page 2 ends

Tripepi Smith & Associates , Inc. is a team of communications experts, robust enough to offer experienced and effective professionals in public affairs, marketing, technology, and creative services:
communication, web, social media, photography, video, and design. The firm offers a spectrum of skills that allows to match the appropriate resource based on the need of services. Tripepi Smith & Associates, Inc. is a force multiplier for the communication operations of cities across California and is actively working with dozens of cities and public agencies.

Based on media outreach records as well as through a search on Meltwater (an AI -powered tool for media and social media monitoring ) shows the City’s media mentions were up 30% compared to the 12 months ago, which can be attributed to their efforts. The City's top sources are the San Gabriel Valley Tribune and its sister publications (Whittier Daily News and Pasadena Star-News), Baldwin Park News Online and San Gabriel Valley Examiner.

The City also received notable coverage in t he blog, TV, radio outlets: Baldwin Park News Online, KABC, KTLA and KFI. The firm is responsive and meets City’s deadlines.

The Agreement includes updated fees in accordance with their last Agreement which terminates on November 2, 2023. The City has negotiated a scope of work with a pick menu based on the project needs. The consultant agrees to perform certain services necessary for completion of the project, which include strategic development, social media management, press releases, web hosting an d support, contract generation, graphics videos and any other marketing or public affairs tasks assigned by the City. Over the last two (2) years the City has committed to an annual agreement, thus the hourly rates increase every year as well as the Consum er Price Index (CPI). The proposed two (2) year Agreement will maintain the same hourly rated with an annual CPI 5% increase or the national BLS Consumer Price Index whichever is higher, thus resulting in savings to the City. The Agreement includes a ten (10) day termination notice at any time and without cause.

ALTERNATIVES
City Council may choose not to approve the Professional Service Agreement.

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

ATTACHMENTS

1. Professional Service Agreement

65318.00352\32296842.2 -1-
CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 3rd day of November 2023, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 E. Pacific Avenue California 91706 ("City") and TRIPEPI SMITH AND ASSOCIATES, INC., a Marketing, Technology and Public Affairs; S CORPORATION (California), with its principal place of business at PO Box 52152, Irvine, CA 92649 ("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 Communications services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional communications and social media consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such communications and social media consulting services for the communications and social media consulting 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 communications and social media 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 November 3, 2023, to November 2, 2025, 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. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The 65318.00352\32296842.2 -2-
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. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in 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 "A" 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. The key personnel for performance of this Agreement are as follows: Ryder Todd Smith, Co-Founder & President. 3.2.5 City's Representative. The City hereby designates Manuel Carillo Jr., Director of Recreation and Community Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates [Saarah 65318.00352\32296842.2 -3-
Lampwalla, Senior Analyst, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the 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 subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” 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 Certification. 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 Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 65318.00352\32296842.2 -4-

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 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. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which 65318.00352\32296842.2 -5-
definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out 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, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. 65318.00352\32296842.2 -6-
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (E) Commercial General Liability (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (F) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (G) Professional Liability (Errors & Omissions): 1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (H) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 65318.00352\32296842.2 -7-

3.2.11.3 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.2.11.4 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 3.2.11.6 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written 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. 3.2.11.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.2.11.8 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.2.11.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 65318.00352\32296842.2 -8-

3.2.11.10 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.11.11 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.2.12 Water Quality Management and Compliance. 65318.00352\32296842.2 -9-

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 65318.00352\32296842.2
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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 e xceed annually Thirty-nine th ousand a nd zero cents ($39,000.00) without w ritten approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City s hall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “A” may be adjusted each year at the time of renewal as set forth in Exhibit “A.” Consultant will increase its hourly rates by five percent (5%) or the national BLS Consumer Price Index – whichever is higher each year on the anniversary of the Agreement, starting on the first anniversary of the Agreement. City will not be subject to negotiating new rates each year of this agreement.

3.4 Labor Code Requirements.

3.4.1 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 s hall 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 busine ss and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code 65318.00352\32296842.2 -11-
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) 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. 65318.00352\32296842.2 -12-

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Tripepi Smith and Associates, Inc. PO Box 52152 Irvine, CA 92619 ATTN: Ryder Todd Smith Co-Founder & President City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Manuel Carrillo Jr. Director of Recreation & Community Services Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of 65318.00352\32296842.2 -13-
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 65318.00352\32296842.2 -14-

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all 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 acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire 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. 3.6.8 Governing Law; Government Code Claim Compliance. This Agreement 65318.00352\32296842.2 -15-
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the 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 subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 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. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions 65318.00352\32296842.2 -16-
shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or 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. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 65318.00352\32296842.2
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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF BALDWIN PARK AND TRIPEPI
SMITH AND ASSOCIATES, INC.

CITY OF BALDWIN PARK TRIPEPI SMITH AND ASSOCIATES, INC.

By: ____________________________ By: ______________________________ Emmanuel J. Estrada Ryder Todd Smith
Mayor Co-Founder and President
Attest:

Christopher Saenz, City Clerk
Approved as to Form:
______________________________
Marco A. Martinez
Best Best & Krieger LLP
City Attorney
(BB&K Aug 2018) 65318.00352\32296842.2 Exhibit “A”-1
EXHIBIT "A" SCOPE OF SERVICES See Attached RFS
(BB&K Aug 2018) 65318.00352\32296842.2 Exhibit “B”-1
EXHIBIT "B" SCHEDULE OF SERVICES See Attached RFS
(BB&K Aug 2018) 65318.00352\32296842.2 Exhibit “C”-1
EXHIBIT "C" COMPENSATION See Attached RFS

CITY OF BALDWIN PARK
Communications and Social Media Services

September 26, 2023

Submitted By:

President Ryder Todd Smith
Senior Business Analyst Saara Lampwalla

City of Baldwin Park / Strategic Communications Support

2 COVER LETTER
Thank you for this opportunity to present Tripepi Smith’s offerings in response to the City of Baldwin Park’s request for extended communication services. Our professional, highly trained team is well-positioned to help the City continue to execute on its communications needs. This proposal offers the City two models for continuing our work of broadly delivering communications for the Baldwin Park community.

Over the past two years, we’ve been honored to support the City in advancing its communication through significant media outreach and relations support services. Additionally, we’ve been entrusted with assisting staff with specialty projects, from writing speeches for the City’s 2023 State of the City to advising on strategy for an array of communication issues and priorities. Our team at Tripepi Smith is grateful for the opportunity to continue our work for the City of Baldwin Park.

Now a team of 50+ communications experts — robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive, Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). The result: we have an ability to tell a complete story across mediums, all within our one team. Moreover, we gain insights from the breadth of our work with 180+ cities, sharing that knowledge with Baldwin Park. The City will continue to need only one communications partner.

Authorization
As Co-Founder and President of Tripepi Smith, I am qualified to enter into agreements with the City of Baldwin Park and to make the statements below on behalf of the firm. This proposal is valid for sixty (60) days from the date of submission.

Regards,

Ryder Todd Smith
Co-Founder & President
[email protected] • (626) 536-2173
Tripepi Smith • www.tripepismith.com
Founded: 2000 / California S Corporation: 2002
PO Box 52152, Irvine CA 92619

City of Baldwin Park / Strategic Communications Support

3 PROPOSED SCOPE OF WORK/COST PROPOSAL
After two successful years of partnership, Tripepi Smith is honored to continue working with the City of Baldwin Park. We offer the City the continuation of a Time & Materials (T&M) model that allows the City to continue “ramping up” or “ramping down” efforts according to budget and priority.

While press release writing/distribution and translation services are the most relevant to the City’s current engagement, we are also presenting another communication service as an option the City might consider should budget and need allow during our engagement.

Please note, this is not inclusive of the variety of Tripepi Smith’s public outreach services. Generally, the City is welcome to come to lead account manager, Senior Business Analyst Saara Lampwalla, with any requests, at which time she’ll provide the City with a defined scope of work and cost proposal before executing upon any work.

1. Press Release Writing/Distribution (Approx. $850 each) Tripepi Smith will develop press releases and news articles based on relevant topics raised by the City. These stories will amplify good news from around the City such as grants, milestones of development projects and more. Additionally, they continue serve as critical tools in advancing public education and government transparency. Articles will be between 300 and 500 words and will be derived from information and leads provided by City Staff. Each story will be translated in Spanish. Lastly, the Tripepi Smith team will translate and distribute all stories to a roster of local and regional journalists we’ve formed relationships with over the years.

2. Local/Regional Media Monitoring ($495 to $1,465 per month) Tripepi Smith will leverage its media intelligence tool (Meltwater) to create a robust search for all relevant mentions of the City on local/regional media websites, blogs, broadcast media (television), etc. We can deliver daily email digests of media hits and weekly summary reports. A six (6)-month commitment period is required for this service.

Should Baldwin Park continue a T&M engagement, Tripepi Smith will execute work using our 2023-24 Hourly Rates, shown below, within the City’s annual budget.

City of Baldwin Park / Strategic Communications Support

4 2023-24 Hourly Rates Fee Schedule
Title Hourly – Standard
Principal $350
Director $240
Art/Creative Director $240
Senior Business Analyst $190
Business Analyst $130
Junior Business Analyst $105
Senior Videographer/Animator $190
Senior Photographer $160
Photographer/Videographer $120
Senior Graphic Designer $175
Graphic Designer $120
Junior Graphic Designer $105
Web Developer $195
Drone Operator $195
Council Chamber A/V Operator $105

Billing
For T&M engagements, time at Tripepi Smith is billed in 15-minute increments — i.e., we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. We will invoice for time at the end of each month in which work was performed. All payment terms are Net 30 days.

City of Baldwin Park / Strategic Communications Support

5 Other Costs
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the national BLS Consumer Price Index — whichever is higher — each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.

Agreement Period Discount
The City has historically engaged Tripepi Smith on a single-year basis. Should the City sign on for a multi-year agreement, Tripepi Smith will limit the City’s annual increase to five percent (5%) or the national BLS Consumer Price Index — whichever is higher — each year on the anniversary of the contract. The City will not be subject to negotiating new rates each year of the agreement, but instead upon expiration of the agreement. Tripepi Smith recommends a two-year period for a new agreement.

Retainer Discount
Clients with a retainer of at least $6,750 per month have access to the discounted “Retainer Rates” for Time & Materials ad hoc work.

Travel Costs
When Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Hourly Rate.

Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:

Half Day Full Day
Video Equipment $400 $600
Drone Equipment N/A $500
MEVO Equipment N/A $400
Six-hundred dollars ($600) for a full day of video equipment use (includes full set of video equipment).

Full day is defined as a shoot lasting four (4) or more hours.

Four-hundred dollars ($400) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed.

Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).

Four-hundred dollars ($400) per day MEVO fee applies and is not inclusive of operator time (Videographer rate).

If City requires additional equipment outside of what Tripepi Smith owns, Tripepi Smith can provide a rental cost estimate for added equipment.

Service Fees
City of Baldwin Park / Strategic Communications Support

6 Client Pays Directly Client Reimburses TS
Print costs, digital advertising, media
placement, voiceover/captions No Fees 10%
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:

Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.

Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.

Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazine or websites.

Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.

Tripepi Smith Partnership Discounts
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:

PublicCEO
– digital news about public affairs, reaching over 16,000 California government executives Civic Business Journal
– digital interest stories about the people in local government FlashVote
– planning, implementing, measuring civic surveys

STAFF REPORT
ITEM NO. _____8_____

Page 1 ends

Baldwin Park City CouncilOctober 18, 2023

Baldwin Park City Council
October 18, 2023