CITY COUNCIL
SPECIAL MEETING
Agenda
October 02, 2024, 6:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
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 du ring City Council Meetings to [email protected]. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting.
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
RECESS CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
A. Case: K8 Investor Holding, LLC Case No. 2:23-CV-02428-SVW(PVCx) vs City of Baldwin Park
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 02, 2024, 7:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
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 du ring City Council Meetings to [email protected]. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting
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
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Presentation – 2024 San Gabriel Valley Council of Governments (SGVCOG) Updates presented by Brielle Salazar, Regional Housing Trust Manager
Presentation – Water Supply Updates presented by Valley County Water District General Manager, Jose Martinez.
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. Meeting Minutes of September 18, 2024
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on September 18, 2024.
3. Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software System for the Department of Public Works Staff recommends that Council:
1. Approve the cancellation of OpenGov’s Budgeting and Planning software module and authorize the implementation of OpenGov’s Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and,
2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $175,200.00 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including annual fee for integration with the Government Outreach GoGov portal; and,
3. Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement.
4. Approval of Resolution No. 2024-044 for a One-Time City Hall Closure It is recommended that the City Council:
1. Approve Resolution No. 2024-044 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, approving a one -time City Hall closure from December 23, 2024 through January 3, 2025, 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 18, 2024, January 1, 2025 and July 2, 2025
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.
5. Adoption of Resolution No. 2024 -045 Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California’s Marketplace for Homeowners and Commercial Property Insurance
It is recommended that the City Council adopt Resolution No. 2024 -045 entitled “A Resolution of The City Council of the City of Baldwin Park, California, Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California’s Marketplace for Homeowners and Commercial Property Insurance."
6. Award of Contract for City Project No. CIP 24 -001-55027 – Morgan Park Restroom Improvements
Staff recommends that the City Council:
1. Determine that the bid submitted by CO Brothers LLC is a non-responsive bid; and
2. Approve and award the construction contract to Corral Construction Development, Inc. of Commerce, CA in the amount of $403,039.00; and,
3. Authorize the Director of Public Works to negotiate and execute an agreement with the City’s on-call consultants for construction management and inspection services in an amount not-to-exceed $34,258.00; and,
4. Authorize a 12% construction contingency in an amount not -to-exceed $48,365.00; and
5. Authorize the Mayor and City Clerk to execute the contract with Corral Construction Development, Inc.
7. Purchase of Additional Gym Equipment for the Police Gym Facility It is recommended that the City Council
1. Approve the purchase of Fitness Equipment for $5,699.15 using the Police Grant Fund #271; and
2. Authorize the Director of Finance to appropriate funds from Fund #271 and make necessary budget adjustments/transfers within the same fund.
PUBLIC HEARING
REPORTS OF OFFICERS
8. Approval of Contract with A-1 Concrete & Construction Inc. for the McNeill Manor Senior Housing roof replacement and appropriate funds for the relocation of seven Public Housing tenants.
It is recommended that the City Council:
1. Authorize Director of Community Development to Execute the Contract with A -1 Concrete & Construction Inc.; and
2. Authorize the Director of Finance to appropriate available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to pay as we go for part of tenant relocation assistance with an estimated cost of $94,000 for th e relocation costs; and $165,000 (includes 10% contingency) to replace the McNeill Manor Senior Housing roof while the Housing Authority (HA) is processing an application for the HUDs Emergency/Disaster Grant and awaiting for insurance assessment; and to m ake necessary budget adjustments and create new account numbers.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION
Mayor Estrada seek consensus from the City Council in directing staff to bring back an update on the Hometown Heros Military Banners.
Councilmember Damian seeks consensus from the City Council in directing Staff to install a camera security system and other safety measures at the recently dedicated Susan Rubio Zocalo Park and Civic Center Plaza to ensure its continued enjoyment by the community.
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)
STAFF REPORT
ITEM NO. _____1_____
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Ana Zhang, Senior Finance Clerk
DATE: October 2, 2024
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 $585,343.98 and the attached General Warrants Register was $1,163,889.42 for a total amount of $1,749,233.40.
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 202610 to 202627 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 49802 to 50077 for the period September 1, 2024, through September 14, 2024 inclusive; these are presented and hereby ratified in the amount of $585,343.98.
2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $220,075.19 and checks from 247999 to 248165 in the amount of $943,813.93 for the period of September 10, 2024 to September 23, 2024, inclusive; in the total amount of $1,163,889.42 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENTS
1. Check Register
Amount
248024 09/12/2024 BMO BANK N.A. PRINTING SRVC OF FLYERS-ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 615.28$ 248024 09/12/2024 BMO BANK N.A. DELIVERY SRVC-WALKIE TALKIE EARPIECES 7/29/2024 100-60-610-53100-00000 27.87$ 248024 09/12/2024 BMO BANK N.A. PURCHASE OF PUNCHING BAG SWIVELS 100-60-610-53100-16130 330.72$ 248024 09/12/2024 BMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-00000 26.00$ 248024 09/12/2024 BMO BANK N.A. HOTEL ROOM-PARTICIPANTS OF BASKETBALL-8/5-8/12 100-25-299-53370-00000 926.66$ 248024 09/12/2024 BMO BANK N.A. PRINTING SRVC OF PRESENTATION BOARDS-DOWNTOWN ST 100-60-610-51100-16101 527.11$ 248022 09/12/2024 BILL WRIGHT'S PAINT SUPPLIES FOR THE TRAFFIC CONTROL DIVISION 240-50-550-53100-15705 483.85$ 248023 09/12/2024 BMO BANK N.A. PUBLIC MEMBERSHIP DUES 100-40-400-53330-00000 125.00$ 248024 09/12/2024 BMO BANK N.A. HOTEL ROOM-PARTICIPANTS OF BASKETBALL-8/5-9/3 100-25-299-53370-00000 1,373.24$ 248019 09/12/2024 BALDWIN PARK INVESTMENTS, INC. JUL 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-591-51101-00000 470.00$ 248020 09/12/2024 BEN GENTRY PROPERTIES LP PAY RENT FOR GARCIA-SGVCO'S HOUSING-6/1-8/31/24 270-60-610-53370-16065 2,674.00$ 248021 09/12/2024 BEST ENTERTAINMENT & EVENTS INC BUBBLE PLAY-GRAND OPENING-ZOCALO PARK-9/14/2024 200-25-299-53100-00000 568.00$ 248017 09/12/2024 ARTHUR MIJARES ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 50.00$ 248018 09/12/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS@RAMONA BLVD-8/21&22/2024 240-50-562-51101-00000 3,419.29$ 248019 09/12/2024 BALDWIN PARK INVESTMENTS, INC. JUL 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-590-51101-00000 470.00$ 248015 09/12/2024 AGRISERVE PEST CONTROL INC WEED CONTROLS THROUGHOUT THE CITY-8/9/2024 240-50-560-51101-00000 2,760.00$ 248016 09/12/2024 AMANDA GAGNON ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248017 09/12/2024 ARTHUR MIJARES ARPA REIM-REGIST-YOUNG STARS-6/22-8/10/2024 275-60-734-53370-16070 110.00$ 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2024 244-50-000-42151-00000 (3,002.00)$ 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2024 244-50-000-42151-00000 (215.00)$ 248014 09/12/2024 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. CRITICAL REPAIRS OWNER OCCUPIED REHAB PROGRAM #2 200-40-420-51101-14801 200,000.00$ 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FIXED ROUTE SERVCIES JULY 2024 244-50-580-51100-15525 118,599.72$ 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FUEL COST JULY 2024 245-50-580-51100-15520 3,541.09$ 248013 09/12/2024 SOUTHLAND TRANSIT, INC. DIAL-A-RIDE SERVICES JULY 2024 244-50-580-51100-15520 30,733.42$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-BKK CLASS 1 LANDFILL 403-10-150-51102-11106 2,986.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ZOCALO PARK DISPUTES 403-10-131-51102-00000 4,405.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-BARNES PARK PROJECT 403-10-131-51102-00000 3,399.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-CODE COMPLIANCE MATTERS 100-40-130-51102-14200 3,039.90$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PUBLIC RECORDS ACT/HANDELED BY ARC (PRA) 100-10-130-51102-11060 8,928.40$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-TELECOMMUNICATIONS MATTERS 100-10-130-51102-11102 264.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-GOV CLAIMS&LITIGATION MGMT-CITY PORTION 100-10-130-51102-11102 1,902.82$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-GOV CLAIMS&LITIGATION MGMT-GEN LIABILITY 403-10-131-51102-00000 5,273.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-COUNCIL MEETINGS AND OFFICE HOURS 100-10-130-51102-11102 13,294.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PUBLIC WORKS 100-50-130-51102-15080 79.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PARKS AND RECREATION 100-60-130-51102-16175 3,710.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-CITY CLERK 100-10-130-51102-11102 194.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-HUMAN RESOURCES 100-10-130-51102-11103 185.50$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-COMMUNITY DEVELOPMENT 100-40-130-51102-14200 19,083.25$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-POLICE DEPARTMENT 100-30-130-51102-13405 2,650.00$ 248010 09/12/2024 YESSENIA SALDANA RFND BASIC SUBSIDY FOR WEEK 21 THRU WEEK 22ND 275-60-710-53370-16077 108.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ENERGY ADVICE 450-40-130-51102-62102 560.00$ 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ADMINISTRATION/CITY COUNCIL 100-10-130-51102-11102 3,849.50$ 248007 09/12/2024 LORRAINE MENDEZ AUG 2024-PREPARATION&SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 270.00$ 248008 09/12/2024 PHILLIP WENER LEADERSHIP DEVELOPMENT PROG 11/10-11/11/2021 501-30-000-22410-00000 32.00$ 248009 09/12/2024 SHARON GRACE SANCHEZ PMT OF YOGA CLASS SERVICE FROM 4/3/23-4/24/23 501-60-000-22328-00000 32.00$ 248007 09/12/2024 LORRAINE MENDEZ JUL 2024-PREPARATION&SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 1,215.00$ 248007 09/12/2024 LORRAINE MENDEZ JUL 2024-PREPARATION&SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 540.00$ 248007 09/12/2024 LORRAINE MENDEZ AUG 2024-PREPARATION&SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 5,535.00$ 248005 09/12/2024 GRACIELA BANUELOS ARPA SENIOR TRIPS & EVENTS REIM PROGRAM 4/1/2023 275-60-726-53370-16074 15.00$ 248006 09/12/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-590-53100-00000 312.29$ 248006 09/12/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-591-53100-00000 312.29$ 248002 09/12/2024 FM BODY & CLASSIC RESTORATION, INC REPAIRS OF CITY & POLICE VEHICLES-UNIT 3139-8/8/24 402-50-591-53371-00000 12,500.00$ 248003 09/12/2024 FORTEL TRAFFIC INC. UPGRADES TO CITYWIDE SPEED FEEDBACK SIGNS, 255-50-520-58110-55036 32,385.60$ 248004 09/12/2024 GOGOV, INC. LICENSE RENEWAL OF GOREQUEST CRM-11/1/24-10/31/25 401-10-140-53379-00000 7,900.00$ 248000 09/12/2024 BRENDA RAZO PAYMENT OF CONTRACT SERVICES 501-60-000-22328-00000 494.00$ 248001 09/12/2024 CITY OF EL MONTE JUL 2024-FUEL FOR TRANSIT SERVICES 244-50-580-51100-15525 10,619.58$ 248002 09/12/2024 FM BODY & CLASSIC RESTORATION, INC REPAIRS OF CITY & POLICE VEHICLES-UNIT 3139-8/8/24 402-50-590-53371-00000 3,777.31$ Check Register
City of Baldwin Park, CA By (None)
Payment Dates 9/10/2024 - 9/23/2024
Payment Number Payment Date Vendor Name Description (Item) Account Number 1074 09/13/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP LEGAL NOTICE PLACED VIA COLUMN PACKAGE 8/30/2024 220-40-420-53330-14700 921.24$ 247999 09/12/2024 BIG STUDIO SHIRTS FOR PRIDE OF THE VALLEY 5K PARTICIPANTS 100-60-610-53100-16146 6,945.47$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248062 09/12/2024 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES FOR PARK LANDSCAPE 245-50-560-53100-00000 97.78$ 248063 09/12/2024 NISSI RESTAURANT AND BAKERY #1 INC BREAD FOR GRAND OPENING ZOCALO PARK ON 9/14/2024 200-25-299-53100-00000 75.00$ 248064 09/12/2024 NORMAN GONZALEZ BACKGROUND INVESTIGATION COURSE 10/7-10/10/2024 100-30-310-53200-00000 32.00$ 248060 09/12/2024 MOISES NAVARRO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248060 09/12/2024 MOISES NAVARRO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248061 09/12/2024 MOJICA JUDO CLUB JUDO INSTRUCTOR-7/31-9/7/2024 501-60-000-22328-00000 1,743.95$ 248057 09/12/2024 LUIS RENTERIA ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248058 09/12/2024 MARIACHI LOS GALLITOS MUSIC ENTERTAINMENT FOR MEXICAN INDEPENDENCE DAY 501-60-000-22327-00000 650.00$ 248059 09/12/2024 MOBIN ALI PER DIEM-FIELD TRAINING OFFICE-9/16-9/20/2024 100-30-310-53200-00000 40.00$ 248055 09/12/2024 LOS ANGELES COUNTY FIRE DEPARTMENT FY24/25-AR0012309-STORAGE TANK@CITY YARD 402-50-590-53370-00000 4,897.00$ 248056 09/12/2024 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE-JUN 2024-TRAFFIC SIGNAL&LIGHT 251-50-530-51100-00000 921.17$ 248053 09/12/2024 LIEBERT CASSIDY WHITMORE NON-CONSORTIUM MEMBER-INTERNAL AFFAIRS-10/9&10/10 100-30-310-53200-00000 400.00$ 248054 09/12/2024 LORENZO R SALLAS STAGE&ENTERTAINMENT-GRAND OPENING-ZOCALO PARK 9/14 200-25-299-53100-00000 2,500.00$ 248051 09/12/2024 LENCO INDUSTRIES INC. SUPPLIES FOR THE PD AMOR VEHICLE 402-50-591-53100-00000 93.31$ 248052 09/12/2024 LESLIE GAITHER ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 661.00$ 248052 09/12/2024 LESLIE GAITHER ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 94.00$ 248049 09/12/2024 JUAN CHAVEZ IRRIGATION REPAIRS CITY HALL FRONT LAWN 245-50-562-53371-15537 1,930.00$ 248050 09/12/2024 JUAN PEREZ C&D DEPOSIT REFUND-14133 OHIO ST-B00-022-344 246-00-000-22540-00000 439.00$ 248050 09/12/2024 JUAN PEREZ C&D DEPOSIT REFUND-14133 OHIO ST-B00-022-345 246-00-000-22540-00000 300.00$ 248047 09/12/2024 JESSENIA MONTOYA ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248047 09/12/2024 JESSENIA MONTOYA ARPA REIM-REGIST-YOUTH CHEER REGISTRATION 275-60-734-53370-16070 946.00$ 248048 09/12/2024 JESSICA SERRANO PER DIEM-ICI IDENTITY THEFT INVEST.-7/10-7/11/2024 100-30-310-53200-00000 40.00$ 248045 09/12/2024 JANET MEZA-AVILA REISSUE PAYMENT FOR LOST PAYROLL CHECK#199682 999-00-000-10010-00000 231.36$ 248045 09/12/2024 JANET MEZA-AVILA REISSUE PAYMENT FOR LOST PAYROLL CHECK#200283 999-00-000-10010-00000 67.26$ 248046 09/12/2024 JENNIFER GOMEZ ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 402.96$ 248043 09/12/2024 ISAURO RIOS ENTERTAINMENT-TAMBORAZO DE LA-ZOCALO PARK-9/14/24 200-25-299-53100-00000 1,550.00$ 248044 09/12/2024 ISRAEL RODAS PER DIEM-ICI ADVANCED GANG-9/29-10/4/2024 100-30-310-53200-00000 407.00$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 233.73$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 85.86$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR THE GRAFFITI PROGRAM 240-50-570-53100-14885 185.10$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 6.58$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 503.85$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 11.19$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 55.08$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 30.77$ 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 245.81$ 248040 09/12/2024 HINDERLITER, DE LLAMAS & ASSOCIATES SALES TAX- JUL-SEP 2024 100-25-299-51100-12410 1,072.37$ 248041 09/12/2024 HLR MEDIA, LLC PUBLIC NOTICE FOR PLANNING-8/15/2024-5020 HEINTZ 270-50-520-58100-55022 234.00$ 248041 09/12/2024 HLR MEDIA, LLC PUBLIC NOTICE-8/29/2024-WHOUSE ZTA&5124 HEINTZ 270-50-520-58100-55022 456.00$ 248037 09/12/2024 FRONTIER COMMUNICATIONS INTERNET-ACT#62647201020923225-S. HOMES-8/23-9/22 100-60-620-53403-55003 228.48$ 248038 09/12/2024 GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA FEB 2024-NEXTGEN YOUTH EMPLOYMENT W BP CITY 275-25-719-51101-17518 512.52$ 248039 09/12/2024 GRAINGER, INC. SUPPLIES FOR VISOR TRANSMITTER 246-50-540-53100-15005 118.24$ 248034 09/12/2024 EVAN MARTIN PER DIEM-INTERNAL AFFAIRS SEMINAR-10/9-10/10/2024 100-30-310-53200-00000 16.00$ 248035 09/12/2024 EWING IRRIGATION, INC. MATERIALS&SUPPLIES FOR IRRIGATION 251-50-562-53100-00000 1,081.92$ 248036 09/12/2024 EZEQUIEL CONTRERAS TAE KWON DO INSTRUCTOR-8/12-9/5/2024 501-60-000-22328-00000 1,121.25$ 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN ILLEGAL DUMP NOTICE DOOR HANGER 240-50-551-53100-15705 332.55$ 248032 09/12/2024 DAVID LEON PER DIEM-PMW POLICE BUDGET-10/7-10/10/2024 100-30-310-53200-00000 259.00$ 248033 09/12/2024 DIAZ BAKERY SWEET BREAD-GRAND OPENING-ZOCALO PARK-9/14/24 200-25-299-53100-00000 50.00$ 248030 09/12/2024 CHARLENE CASTILLO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 400.00$ 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN FLYERS FOR TRANSIT SURVEY 244-50-580-53320-15525 132.30$ 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN ILLEGAL DUMP NOTICE DOOR HANGER 240-50-551-53100-15705 1,433.25$ 248027 09/12/2024 BMO BANK N.A. PRIME SUBSCRIPTION 401-10-140-53330-00000 197.35$ 248028 09/12/2024 BMO BANK N.A. RUBBER DROP POCKETS FOR POOL TABLES 275-60-765-58110-56002 836.59$ 248029 09/12/2024 CARLA GUTIERREZ BALLOON&PAPEL PICADO BACKDROP-GRAND OPENING-9/14 200-25-299-53100-00000 250.00$ 248026 09/12/2024 BMO BANK N.A. KARAOKE MACHINE FOR EMPLOYEE ENGAGEMENT EVENTS 100-10-150-53370-11123 187.41$ 248026 09/12/2024 BMO BANK N.A. SUPPLIES FOR EMPLOYEE APPRECIATION EVENT 100-10-150-53370-11123 31.95$ 248026 09/12/2024 BMO BANK N.A. EQUIPMENTS FOR 2ND LACTATION FLOOR ROOM 403-10-160-53390-00000 200.62$ 248026 09/12/2024 BMO BANK N.A. FOOD FOR PROGRAM SUPERVISOR INTERVIEWS 100-10-150-51101-11124 29.05$ 248026 09/12/2024 BMO BANK N.A. EQUIPMENT MECHANIC INTERVIEWS 100-10-150-51101-11124 64.35$ 248026 09/12/2024 BMO BANK N.A. SUPPLIES FOR EMPLOYEE APPRECIATION EVENT 100-10-150-53370-11123 89.25$ 248025 09/12/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 18.00$ 248025 09/12/2024 BMO BANK N.A. LUNCH FOR CITY STAFF-THE AB 1234 TRAINING 8/22/24 100-10-150-53200-00000 56.50$ 248025 09/12/2024 BMO BANK N.A. LUNCH FOR CITY STAFF-THE AB 1234 TRAINING 8/22/24 100-10-150-53200-00000 339.02$ 248025 09/12/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CM AVILA 100-10-100-53330-11009 18.00$ 248025 09/12/2024 BMO BANK N.A. LA TIMES ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 116.00$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248098 09/19/2024 CECILIA GAMBOA RENTAL DEPOSIT REFUND-8/24/2024-ARC 501-60-000-22333-00000 500.00$ 248096 09/19/2024 BIG STUDIO T-SHIRTS-2024 CONCERTS IN THE PARK 100-60-610-53100-16144 1,989.13$ 248097 09/19/2024 CALIFORNIA CONSULTING, INC. JUL 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 4,500.00$ 248097 09/19/2024 CALIFORNIA CONSULTING, INC. AUG 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 4,500.00$ 248093 09/19/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS@CITY HALL,TEEN CENTER,CC-8/21 100-60-620-53371-00000 1,182.87$ 248094 09/19/2024 AZUSA WHOLESALE PLUMBING SUPPLY, INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 909.56$ 248095 09/19/2024 BERLITZ LANGUAGES, INC. 1 BILINGUAL TEST SPANISH-8/29/2024 100-10-150-51101-00000 60.00$ 248091 09/19/2024 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE AT THE ARC -8/29/2024 252-60-620-53371-00000 1,072.15$ 248092 09/19/2024 ANA KARINA RUEDA REIM-NATIONAL NIGHT OUT SUPPLIES 100-10-150-53370-11123 107.49$ 248092 09/19/2024 ANA KARINA RUEDA REIM-SUPPLIES FOR HEALTH & WELLNESS FAIR 100-10-150-53370-11123 80.28$ 248089 09/19/2024 AC BILLIARDS AND BARSTOOLS BLACK LEATHER TABLE COVERS-GAMES ROOM POOL TABLES 275-60-765-58110-56002 771.67$ 248090 09/19/2024 ACTIVE SAN GABRIEL VALLEY AUG 2024-DEVELOP AND CONDUCT COMMUNITY OUTREACH 270-60-620-58100-56012 1,450.00$ 248091 09/19/2024 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE AT THE ARC -8/29/2024 100-60-620-53371-00000 1,072.16$ 248088 09/19/2024 HONG TAM CAPITAL ASSETS TRAINING FOR FINANCE STAFF 100-20-210-53100-00000 37.97$ 248088 09/19/2024 HONG TAM FINANCE STAFF MEETING 100-20-210-53100-00000 61.38$ 248088 09/19/2024 HONG TAM PARKING FOR CSMFO 2024 ANNUAL CONFERENCE 100-20-210-53350-00000 58.50$ 248087 09/12/2024 VALLEY COUNTY WATER DIST WATER-MULTI-SPRINKLERS 7/23-8/21/24 251-50-560-53402-00000 12,815.05$ 248088 09/19/2024 HONG TAM PER DIEM FOR CSMFO 2024 CONFERENCE 100-20-210-53350-00000 118.00$ 248085 09/12/2024 TERRA REALTY ADVISORS INC BALDWIN PARK BILLBOARD MATTERS AUG. 2024 100-40-405-51100-00000 1,353.33$ 248086 09/12/2024 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE,DATA 9/9-10/8/2024 401-10-141-53403-11506 7,105.36$ 248087 09/12/2024 VALLEY COUNTY WATER DIST WATER-8010300-E. 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AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248124 09/19/2024 MARIA DE JESUS FLORES REIM-4 HOURS FOR NO GUARD SERVICE 100-60-000-45601-00000 140.00$ 248125 09/19/2024 MARIA SANTOS RENTAL DEPOSIT REFUND-ESTHER SNYDER-9/7/2024 501-60-000-22333-00000 150.00$ 248125 09/19/2024 MARIA SANTOS RENTAL DEPOSIT REFUND-ESTHER SNYDER-9/7/2024 501-60-000-22333-00000 122.00$ 248122 09/19/2024 JIMMY WONG REIM-MATERIALS&SUPPLIES FOR COM. CENTER GAMES ROOM 100-60-610-53100-00000 200.58$ 248123 09/19/2024 MANUEL CARRILLO, JR REIM-LUNCH MEALS FOR INTERVIEWS PANEL PARTICIPANTS 100-10-150-51101-11124 89.61$ 248124 09/19/2024 MARIA DE JESUS FLORES RENTAL DEPOSIT REFUND-9/7/2024-SENIOR CENTER 501-60-000-22333-00000 500.00$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 95.82$ 248120 09/19/2024 INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION IMSA MEMBERSHIP FEE FOR RUDY ESQUIVEL 240-50-550-53330-15705 100.00$ 248121 09/19/2024 JESUS GUTIERREZ BOOT FOR PW 254-50-550-53100-15705 150.00$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 9.30$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 9.30$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 95.81$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 78.42$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 5.49$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 5.50$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 4.39$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 4.40$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 78.43$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 16.39$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 43.19$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 43.18$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR MINI FRIDGE - HR 100-10-150-53390-00000 172.25$ 248119 09/19/2024 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 16.40$ 248118 09/19/2024 HOME DEPOT A#23270-SUPPLIES FOR RECREATION 100-60-680-53100-00000 43.66$ 248118 09/19/2024 HOME DEPOT A#23270-SUPPLIES FOR RECREATION 100-60-610-53100-16101 190.30$ 248115 09/19/2024 GREG RUVOLO REPAIR FAULTY CAT 6 WIRING-9/4/2024 402-50-590-53371-00000 500.00$ 248116 09/19/2024 HELEN HERNANDEZ REIM-PRINTING SRVC FOR DIA DE LOS MUERTOS FLYERS 100-60-680-53320-00000 185.00$ 248117 09/19/2024 H-MARKETING INC. SUPPLIES FOR RECRUITMENT FAIRS 100-30-310-53100-00000 1,407.08$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 23.37$ 248115 09/19/2024 GREG RUVOLO INSTALL BOLLARDS-ZOCALO PARK-RETAIL CENTER-8/11/24 200-50-520-58100-55022 4,650.00$ 248115 09/19/2024 GREG RUVOLO REPAIR TRAILER DOOR-9/4/2024 402-50-590-53371-00000 600.00$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 210.83$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PW 402-50-590-53100-00000 77.12$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 80.39$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 38.37$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 75.75$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PW 402-50-590-53100-00000 6.91$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PW 402-50-591-53100-00000 2.92$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PW 402-50-590-53100-00000 28.78$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PW 402-50-590-53100-00000 27.17$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC CREDIT-PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 (45.22)$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC CREDIT-PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-591-53100-00000 (145.20)$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY-PD 402-50-591-53100-00000 49.31$ 248112 09/19/2024 FUN EXPRESS, LLC MATERIALS&SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 226.38$ 248113 09/19/2024 GEO PLASTICS 15 QUART DRAINER CTNS-REUSABLE OIL RECYCLING CTNS 247-50-510-53100-17440 5,022.94$ 248114 09/19/2024 GOLDEN STATE SUPPLY, LLC CREDIT-PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-591-53100-00000 (148.96)$ 248111 09/19/2024 ENTERPRISE FM TRUST AUG 2024-FLEET LEASING OF CITYWIDE VEHICLES 275-30-765-58140-53001 10,083.30$ 248111 09/19/2024 ENTERPRISE FM TRUST AUG 2024-FLEET LEASING OF CITYWIDE VEHICLES 220-40-460-58140-14715 457.14$ 248112 09/19/2024 FUN EXPRESS, LLC MATERIALS&SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 68.43$ 248111 09/19/2024 ENTERPRISE FM TRUST AUG 2024-FLEET LEASING OF CITYWIDE VEHICLES 231-50-590-58140-15727 12,879.36$ 248111 09/19/2024 ENTERPRISE FM TRUST AUG 2024-FLEET LEASING OF CITYWIDE VEHICLES 246-50-590-58140-15727 4,102.63$ 248111 09/19/2024 ENTERPRISE FM TRUST AUG 2024-FLEET LEASING OF CITYWIDE VEHICLES 402-50-591-58140-15727 2,373.27$ 248108 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 257.00$ 248109 09/19/2024 DONNOE & ASSOCIATES, INC POLICE SERGEANT EXAM SERVICE 100-10-150-51101-11124 475.00$ 248110 09/19/2024 ECOTECH SERVICES, INC. JUL 2024-CIP23-004 HIGH EFFICIENCY TOILET&SHOWER 275-50-755-58100-55026 21,458.85$ 248105 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 262.00$ 248106 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 257.00$ 248107 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 256.00$ 248102 09/19/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-9/5&9/6/2024 100-10-150-51101-11122 277.00$ 248103 09/19/2024 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 6/1-6/30/2024 100-10-120-51101-11431 60.37$ 248104 09/19/2024 DATA TICKET, INC. DATA TICKET-JUL 2024- ENTITY 0365 0705 100-40-460-51100-00000 100.00$ 248100 09/19/2024 CHRISTOPHER RIVERA PER DIEM-POST DRIVER TRAINING-8/29/2024 100-30-310-53200-00000 8.00$ 248101 09/19/2024 CLARISSA I. ZAMORA INSTRUCTOR FOR BALLET FOLKLORIO-JUL-AUG 2024 501-60-000-22328-00000 2,016.00$ 248102 09/19/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-9/3/2024 100-10-150-51101-11122 110.00$ 248099 09/19/2024 CHICAS GRAPHICS AND DESIGN POLO SHIRTS CITY EMBROIDERY-CITY TO CITY BOWLING 100-10-110-53100-00000 116.87$ 248099 09/19/2024 CHICAS GRAPHICS AND DESIGN PRINTING SRVC OF SIGNS-ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 815.85$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248152 09/19/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 201.56$ 248152 09/19/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 114.62$ 248152 09/19/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 23.99$ 248152 09/19/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 44.70$ 248150 09/19/2024 SERVICE FIRST CONTRACTORS MAINTENANCE & REPAIRS AQUATIC CENTER POOL 8/21/24 252-60-620-53371-00000 1,357.55$ 248151 09/19/2024 SHARPLINE SOLUTIONS, INC. MATERIAL & SUPPLIES -EZ STREET POTHOLE REPAIR BAGS 240-50-551-53100-00000 1,913.94$ 248152 09/19/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 37.00$ 248147 09/19/2024 SAN GABRIEL VALLEY COMMERCE AND CITIES CONSORTIUM ANNUAL RENEWAL GOV.MEMBERSHIP 9/1/2024-8/31/2025 100-40-405-53330-00000 9,000.00$ 248148 09/19/2024 SAN GABRIEL VALLEY WATER COMPANY WATER-MULTI-SPRINKLERS 7/30-8/30/24 251-50-560-53402-00000 3,853.05$ 248149 09/19/2024 SECTRAN SECURITY INC. SECTRAN SERVICE SEP. 2024 CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 459.26$ 248145 09/19/2024 RED WING BRANDS OF AMERICA INC BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 255-50-551-50119-15705 105.00$ 248145 09/19/2024 RED WING BRANDS OF AMERICA INC BOOTS FOR EMPLOYEE CARLOS CORTES-12-1-170132 240-50-551-53100-00000 150.00$ 248146 09/19/2024 RKA CONSULTING GROUP AS NEEDED PLAN CHECK SERVICES 7/1-7/31/2024 100-50-510-51100-00000 490.00$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MATERIALS AND SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 338.22$ 248145 09/19/2024 RED WING BRANDS OF AMERICA INC BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 245-50-551-50119-15705 90.00$ 248145 09/19/2024 RED WING BRANDS OF AMERICA INC BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 246-50-551-50119-00000 105.00$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MAINTENANCE/REPAIR ECHO HAND HELD BLOWER 9/10/2024 245-50-560-53371-15536 108.44$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MAINTENANCE AND REPAIR TO MOWER & EDGER 9/11/2024 251-50-571-53371-00000 294.00$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MAINTENANCE AND REPAIR TO MOWER & EDGER 9/11/2024 251-50-571-53371-00000 321.05$ 248143 09/19/2024 PATTON SALES CORP MATERIAL AND SUPPLIES -WELDING MATERIAL 240-50-551-53100-00000 516.61$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MAINTENANCE AND REPAIR LAWNMOWER 8/29/2024 245-50-560-53371-15536 544.85$ 248144 09/19/2024 PRIME POWER EQUIPMENT INC MATERIALS AND SUPPLIES FOR TRAFFIC CONTROL SECTION 240-50-550-53100-15705 8.75$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR PARK LANDSCAPE 245-50-560-53100-00000 30.85$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR GRAFFITI ABATEMENT PRO. 245-50-570-53100-14885 34.16$ 248142 09/19/2024 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR UNIT CNG-3 402-50-590-53100-00000 53.10$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR MARKING PAINT 254-50-550-53100-15705 66.08$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR PARK LANDSCAPE 245-50-560-53100-00000 16.48$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR PARK LANDSCAPE 245-50-560-53100-00000 99.28$ 248140 09/19/2024 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION 231-50-540-53120-00000 111.50$ 248141 09/19/2024 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR FLEET DIVISION 402-50-590-53100-00000 65.82$ 248138 09/19/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-590-53100-00000 140.50$ 248138 09/19/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-591-53100-00000 140.50$ 248139 09/19/2024 JUAN CHAVEZ RE-LANDSCAPING PROJECT AT 4100 BALDWIN PARK 240-50-560-51101-00000 7,500.00$ 248137 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 280.40$ 248137 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 166.81$ 248137 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 23.11$ 248136 09/19/2024 FM BODY & CLASSIC RESTORATION, INC REPLACE KEY FOR UNIT 5002-PW- 9/3/2024 402-50-590-53371-00000 991.91$ 248136 09/19/2024 FM BODY & CLASSIC RESTORATION, INC PATCH SECRET COMPARTMENT 9/4/2024 402-50-590-53371-00000 650.00$ 248137 09/19/2024 GOLDEN STATE SUPPLY, LLC PARTS AND SUPPLIES FOR MAINTENANCE OF CITY 402-50-590-53100-00000 70.03$ 248135 09/19/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS (INCLUDING PARTS) FOR POLICE VEHICLES 402-50-591-53371-00000 1,119.30$ 248135 09/19/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS (INCLUDING PARTS) FOR POLICE VEHICLES 402-50-591-53371-00000 117.36$ 248135 09/19/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS (INCLUDING PARTS) FOR POLICE VEHICLES 402-50-591-53371-00000 200.00$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 8/1-8/15/2024 251-50-561-51100-00000 52,621.30$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 8/13-8/14/2024 251-50-561-51100-00000 8,142.75$ 248134 09/19/2024 BILL WRIGHT'S PAINT PAINT GREY FOR TRAFFIC CONTROL 240-50-550-53100-15705 417.85$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 7/1-7/15/2024 251-50-561-51100-00000 6,316.55$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 7/16-7/31/2024 251-50-561-51100-00000 5,285.85$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 8/1-8/15/2024 251-50-561-51100-00000 1,243.55$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-680-53403-00000 79.54$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 252-60-620-53403-00000 83.06$ 248133 09/19/2024 WEST COAST ARBORISTS, INC CITY WIDE TREE MAINTENANCE CONTRACT 7/15/2024 251-50-561-51100-00000 2,585.00$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-640-53403-00000 121.07$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-650-53403-00000 121.27$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-660-53403-00000 41.53$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/22-8/21/24 100-60-610-53403-00000 201.09$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-620-53403-00000 83.06$ 248132 09/19/2024 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 7/21-8/21/24 100-60-630-53403-00000 83.06$ 248130 09/19/2024 SUNBELT RENTALS RENTAL EQUIPMENT--5 STREET MARKET: 8/1-8/28/2024 100-60-610-53391-16101 12,493.15$ 248131 09/19/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 7/22-8/21/24 246-50-540-53403-15005 303.81$ 248131 09/19/2024 VERIZON WIRELESS CELLULAR AND TABLET SERVICE FOR STAFF 402-50-590-53403-00000 1,392.38$ 248128 09/19/2024 RAQUEL M. CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 115.39$ 248129 09/19/2024 SOUTHERN CALIFORNIA EDISON ELEC-CB-AUDITORIUM-14403 PACIFIC 8/8-9/8/24 100-60-620-53401-00000 9,399.28$ 248129 09/19/2024 SOUTHERN CALIFORNIA EDISON ELEC-CB-PUBLIC BLDGS-14403 PACIFIC 7/29-8/26/24 100-60-620-53401-00000 32,963.72$ 248126 09/19/2024 MARIPOSA LANDSCAPES INC. JUL 2024-LANDSCAPE MAINTENANCE 251-50-560-51100-00000 8,749.99$ 248126 09/19/2024 MARIPOSA LANDSCAPES INC. AUG 2024-LANDSCAPE MAINTENANCE 251-50-560-51100-00000 8,749.99$ 248127 09/19/2024 MIKE SALAS REIM-SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 71.95$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number DFT0009823 09/20/2024 AUL HEALTH BENEFIT TRUST OCTOBER 2024-RETIREE MIDAMERICA HRA ACH PAYMENT 100-25-299-50223-00000 68,629.83$ Grand Total: 1,163,889.42$
DFT0009687 09/12/2024 PERS-RETIREMENT ROUNDING DIFFERENCE 100-25-299-53370-00000 (0.10)$ DFT0009774 09/11/2024 CALPERS GASB 68 REPORTING SERVICES FEE, CALPERS 100-25-299-53330-00000 700.00$ DFT0009800 09/19/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 2,201.36$ DFT0009659 09/12/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 18,310.11$ DFT0009682 09/12/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 53.38$ DFT0009683 09/12/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 84.84$ DFT0009656 09/12/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 22,775.24$ DFT0009657 09/12/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 593.17$ DFT0009658 09/12/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 22,972.42$ DFT0009633 09/12/2024 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 7,502.81$ DFT0009634 09/12/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 11,520.65$ DFT0009655 09/12/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 23,619.70$ DFT0009630 09/12/2024 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 21.78$ DFT0009631 09/12/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 23,602.53$ DFT0009632 09/12/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 15,815.81$ DFT0009628 09/12/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 279.60$ DFT0009629 09/12/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 289.47$ 248165 09/19/2024 ZACHARY GOBLE PER DIEM FOR DRIVER TRAINING COURSE 8/29/2024 100-30-310-53200-00000 8.00$ DFT0009627 09/12/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 181.35$ 248162 09/19/2024 WAXIE SANITARY SUPPLY 25 CASES BLACK LINER BAGS FOR LANDSCAPE DIVISION 245-50-560-53100-00000 1,210.55$ 248163 09/19/2024 WEBCO LB LLC SWEEP VARIOUS CITY PARKING LOTS CITY HALL AUG.2024 254-50-560-51101-15734 4,200.00$ 248164 09/19/2024 WGJ ENTERPRISES, INC. RE-STRIPING LINE MARKINGS AT STEWART TO LIVE OAK 245-50-550-51101-00000 2,900.00$ 248159 09/19/2024 T-MOBILE PHONE-37340-PUBLIC WORK 7/21-8/20/2024 402-50-590-51101-00000 1,174.95$ 248160 09/19/2024 VALLEY COUNTY WATER DIST WATER-0005000-13135 E GARVEY 7/31-8/30/24 251-50-562-53402-00000 87.97$ 248161 09/19/2024 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEHICLES-AUG. 2024 402-50-590-53110-16140 4,803.45$ 248157 09/19/2024 STEPHANIE MENDEZ RFND SWIMMING LESSON DUE TO INSTRUCTOR BEING ILL 100-60-000-42600-00000 47.00$ 248158 09/19/2024 THE SHREDDERS FIN-DETRUCTION OF CONFIDENTIAL DOCUMENTS 8/31/24 100-20-210-51101-00000 117.00$ 248158 09/19/2024 THE SHREDDERS 4-65 GALLON TOTE, 1-FUEL SURCHARGE 403-10-160-51101-00000 230.00$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-660-53100-00000 408.77$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-660-53100-00000 24.08$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-680-53100-00000 382.94$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 15.82$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 45.51$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-610-53100-00000 33.17$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-630-53100-00000 257.90$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 538.12$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-630-53100-00000 323.84$ 248154 09/19/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14204 OHIO 8/8-9/8/24 251-50-530-53401-00000 109.93$ 248155 09/19/2024 SOUTHERN CALIFORNIA GAS CO GAS-72725-CNG STATION-14747 RAMONA 8/1-9/1/24 402-50-590-53110-16140 13.39$ 248156 09/19/2024 STAPLES OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-610-53100-00000 257.90$ 248153 09/19/2024 SO CAL SANITATION FENCES FO DOWNTOWN STREET MARKET 100-60-610-53391-16101 3,204.54$ 248154 09/19/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14403 PACIFIC 8/1-8/31/24 251-50-530-53401-00000 48,360.44$ 248154 09/19/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14352 1/2 OHIO 8/8-9/8/24 251-50-530-53401-00000 85.44$ 248152 09/19/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 83.94$ 248152 09/19/2024 SMART & FINAL CREDIT FOR RETURN ITEMS 200-25-299-53100-00000 (47.58)$ 248152 09/19/2024 SMART & FINAL MATERIAL AND SUPPLIES FOR COMMUNITY MEETING 100-60-610-53100-00000 186.90$ 248152 09/19/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 28.63$ 248152 09/19/2024 SMART & FINAL MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 88.63$
STAFF REPORT
ITEM NO. _____2_____
TO: Honorable Mayor and Members of the City Council
FROM: Shirley Quinones, Chief Deputy City Clerk
DATE: October 2, 2024
SUBJECT: Meeting Minutes of September 18, 2024
SUMMARY
The City Council held the following meetings on September 18, 2024; Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and Housing Authority Meeting.
RECOMMENDATION
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on September 18, 2024.
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 September 18, 2024
09-18-2024 Special Meeting Minutes
CITY COUNCIL
SPECIAL MEETING
Minutes
September 18, 2024, 5:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
These minutes are presented in Agenda order.
CALL TO ORDER
The meeting was called to order at approximately 5:05 p.m. by Mayor Pro Tem Ayala.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (arrival at 5:45 p.m.)
Mayor Pro Tem Jean M. Ayala (present)
Mayor Emmanuel Estrada (arrival at 5:10 p.m.)
PUBLIC COMMUNICATIONS
Mayor Pro Tem Ayala opened Public Communications at approximately 5:06 p.m., seeing no one wishing to speak public communications was closed.
OPEN SESSION/STUDY SESSION
Sam Gutierrez, Director of Public Works and Evan Brooks and Associates gave a presentation on the Transit Study Update.
RECESS CLOSED SESSION – The City Council recessed into Closed Session at approximately 5:46 p.m.
1. Conference with Legal Counsel – Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956
Case: Juan Roberto Gutierrez v. City of Baldwin Park et al., Los Angeles County Superior Court Case No. 23PSCV03032
No Reportable Actions
Case: John Doe RA v. Doe 4 et al.,
Los Angeles County Superior Court Case No. 21STCV35392
No Reportable Actions
09-18-2024 Special Meeting Minutes
Case: Matthew Rodriguez v. City of Baldwin Park et al., U.S. District Court, Central District of California Case No. 2:22-cv-01069-FLA-MAR
City Attorney Tabares announced that Mayor Pro Tem Ayala recused herself from the item above.
No Reportable Actions
2. Public Employee Performance Evaluation
Pursuant to California Government Code, Section 54957 (B)(1):
Title: Director of Public Works
No Reportable Actions
ADJOURNMENT
The meeting was adjourned at approximately 7:16 p.m. by Mayor Estrada.
ATTEST:
________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor
APPROVED: October 2, 2024
9-18-2024 Regular_FA_HA Meeting Minutes
CITY COUNCIL/
FINANCE AUTHORITY/
HOUSING AUTHORITY
REGULAR MEETING
Minutes
September 18, 2024, 7:00 PM
Mayor/Chair
Mayor Pro Tem/Vice Chair
Councilmember/Member
Councilmember/Member
Councilmember/Member
Emmanuel J.
Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
These minutes are presented in Agenda order.
CALL TO ORDER
The meeting was called to order at approximately 7:12 p.m.
INVOCATION
The invocation was given by Pastor Flores and Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor/Chair Estrada.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (present)
Mayor Pro Tem Jean M Ayala (present)
Mayor Emmanuel J Estrada (present)
REPORT FROM CLOSED SESSION
City Attorney Tabares announced that the City Council met in closed session and all the Councilmembers were present, on items 1 Gutierrez vs. BP, John Doe RA vs. Doe 4 et al and item 2 there was no reportable action. On item 1 Rodriguez v. BP, Mayor Pro Tem Ayala recused herself and there was no reportable action.
ANNOUNCEMENTS
The Mayor announced that the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeti ng and $50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
The Mayor presented Mario Maciel, Jr. a City Plaque in recognition to for his 10 years of services as a Planning Commissioner.
PUBLIC COMMUNICATIONS
The Mayor opened Public Communication at approximately 7:27 p.m., the following spoke:
1) Irma Morales 4) Abel
2) Anais Medina Diaz 5) John Rios
3) Dr. Dawn Terashita
Seeing no one else wishing to speak public communication was closed.
9-18-2024 Regular_FA_HA Meeting Minutes
CONSENT CALENDAR
1. City of Baldwin Park’s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.
Item #1 was pulled for further discussion.
MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
2. Treasurer’s Report City (CC) – August 2024
Motion to receive and file the Treasurer’s Report for August 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
3. Meeting Minutes of September 4, 2024
Motion to approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on September 4, 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
4. Consideration to Reappropriate American Rescue Plan Act Funds for the Basic Subsidy Program
It is recommended that the City Council:
1. Authorize the Director of Finance to reappropriate ARPA Funds as indicated under Fiscal Impact as shown on the table below for the Basic Subsidy Program and make necessary changes to the budget; and
2. Authorize the Director of Recreation & Community Services to coordinate all elements associated with the Program.
Item #4 pulled for further discussion.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
5. Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software System for the Department of Public Works Staff recommends that Council:
1. Approve the cancellation of OpenGov’s Budgeting and Planning software module and authorize the implementation of OpenGov’s Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and,
2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $156,598.17 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including integration with the Government Outreach GoGov portal; and,
3. Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement.
Item #5 was pulled from agenda.
9-18-2024 Regular_FA_HA Meeting Minutes
PUBLIC HEARING
6. Public Hearing Regarding Fiscal Year 2023 -24 Consolidated Annual Performance & Evaluation Report (CAPER)
Motion to:
1. Approve the Final 2023-24 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and
2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 30, 2024.
The Mayor opened the Public Hearing at approximately 7:58 p.m., seeing no one wishing to speak, the public hearing was closed.
MOTION: It was moved by Emmanuel Estrada , seconded by Monica Garcia to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
REPORTS OF OFFICERS
7. Adoption of a Resolution No. 2024 -042 Establishing the City of Baldwin Park Policy for Selection of Mayor and Mayor Pro Tempore
Motion to adopt Resolution No. 2024 -042 establishing the City Policy for Selection of Appointed Mayor and Mayor Pro Tempore.
MOTION: It was moved by Emmanuel Estrada , seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
8. Adopt Resolution No. 2024-043 Updating the Street Naming Policy, Rescind Resolution No. 79-37 and Consider Request to Rename Cleary Drive
Motion to :
1. Rescind and Repeal Resolution No. 79-37; and
2. Adopt Resolution No. 2024-043 Updating Street Naming Policy
3. Approve the renaming of Cleary Drive to Bernardo Flores Drive and direct staff to implement the street naming; and authorize the Director of Finance to appropriate funding to cover the cost from Measure R, Fund No. 254 and make the necessary budget adjustments.
MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [4 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA. ABSTAIN: ESTRADA
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
Motion to ratify the attached Warrants and Demands Register.
MOTION: It was moved by Emmanuel Estrada , seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
SA 2. Treasurer’s Report SA – August 2024
Motion to receive and file the Treasurer’s Report for August 2024.
MOTION: It was moved by Emmanuel Estrada , seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 9-18-2024 Regular_FA_HA Meeting Minutes
FINANCE AUTHORITY
CONSENT CALENDAR
1. Treasurer’s Report FA – August 2024
Motion to receive and file the Treasurer’s Report for August 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
HOUSING AUTHORITY
CONSENT CALENDAR
1. Baldwin Park Housing Authority’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 [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
2. Treasurer’s Report HA – August 2024
Motion to receive and file the Treasurer’s Report for August 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION
Councilmember Damian sought consensus from the City Council to direct staff to draft and present a resolution urging and requesting that Governor Newsom, Insurance Commissioner Ricardo Lara, and the California Legislature take emergency action to stabilize the homeowners and commercial property insurance industry in the State of California.
Councilmember Damian sought consensus from the City Council to direct staff to prepare a staff report for the naming of Dog Parks.
Councilmember Avila sought consensus from the City Council to direct staff to reach out to the Mexican Consulate to provide mobile services to the community.
ADJOURNMENT
The meeting was adjourned at approximately 8:39 p.m. by Mayor/Chair Estrada.
ATTEST:
________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor/Chair
APPROVED: October 2, 2024
STAFF REPORT
ITEM NO. _____3_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Manager
DATE: October 2, 2024
SUBJECT: Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software
System for the Department of Public Works
SUMMARY
This staff report seeks City Council approval of a Master Services Agreement (MSA) with OpenGov Inc. for the use of the OpenGov Asset Management Software Solution formerly known as C arteGraph and professional services to assist with implementation. The Software-as-a-Service (SAAS) solution would allow the Department of Public Works to increase workflow efficiencies by replacing the existing paper-based workflows with an all - electronic, cloud-based workflow system compatible with the latest PC hardware and mobile devices. Out-of-the- box modules include , but are not limited to, asset management and inventory, work order development and processing and work history tracking. The implementation of the system will involve the discontinuation of OpenGov’s Budget ing and Planning module currently in use by the Finance Department and transferring to OpenGov’s Asset Management module and domains for use by the Department of Public Works. The City will enter into a new agreement with OpenGov and cancel the existing agreement. As part of the new agreement any remaining budgeted funds and contract credits would be applied towards the implementation and subscription cost of the Asset Management solution.
RECOMMENDATION
Staff recommends that Council:
1. Approve the cancellation of OpenGov’s Budgeting and Planning software module and authorize the implementation of OpenGov’s Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and,
2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $1 75,200.00 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including annual fee for integration with the Government Outreach GoGov portal; and,
3. Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement.
FISCAL IMPACT
There is no impact to the General Fund. The cost for the Asset Management system includes implementation and subscription cost pro-rated over a two-year and four-months contract term per the following billing table:
9/25/2024 – Implementation 1/25/2025 – Subscription 1/25/2026 – Subscription Total $70,552.50 $51,150.00 $53,497.50 $175,200.00
Funding for the Asset Management system is as follows:
Available Funds Amount
Approved ARPA American Rescue Plan Act – Acct. No. 275-50-765-58105-55016 $56,398.00 Transfer From Acct. No 275-20-765-58105-52000 to Acct. No. 275-50-765-58105-55016 $48,000.00
Appropriate Measure R – Acct. No. 254-50-520-58105-55016 $38,400.00 Appropriate Proc C – Acct. No. 245-50-520-58105-55016 $32,402.00 Total Available Funds $175,200.00
BACKGROUND
The City of Baldwin Park’s Maintenance Division within the Department of Public Works is responsible for the maintenance and operations of the City’s infrastructure. The Maintenance Division is comprised of Fleet, Street/Landscape, Graffiti, Traffic/Lighting and Park maintenance and operations crews. A critical component of maintenance work is to keep accurate records and proper documentation to ensure city-wide infrastructure assets are being adequately maintained. Currently, the department uses the Government Outreach citizen portal GoGov, however the vast majority of the day-to-day work order process and history tracking is largely still paper-based.
GoGov does not provide an asset management system to keep track, organize, and archive work orders for maintenance and repair. Staff still relies heavily on the paper-based system to log different types of work performed at different locations throughout the City. This process is less efficient and effective, time consuming, and more prone to errors, delays, and difficulties in data retrieval and sharing , leading to decreased productivity and impacting overall department efficiency.
DISCUSSION
Efficient and accurate record-keeping is a key and vital aspect to good maintenance. An asset management system facilitates efficient tracking of city-wide infrastructure and equipment such as streets, signs, sidewalks, city owned bus shelters, storm drains, markings, trees, wor k vehicles, transit and fuel facilities and other related assets.
Recognizing this as part of the department’s efforts to modernize, staff began to explore various pathways for transitioning to an all -electronic, cloud-based solution that will replace the current paper-based system while maintaining compatibility with the Government Outreach GoGov portal and enhancing productivity, streamlining workflows with location -based tracking of assets and work orders. A cloud -based asset management program offers significant advantages over a paper -based system by leveraging digital tools, ensuring real -time updates and accessibility from any location, which enhances coordination and efficiency in managing assets. It minimizes the risk of data loss, reduces administr ative overhead, and allows for better tracking and reporting through advanced analytics. Overall, transitioning to a cloud -based system streamlines operations, improves accuracy, and supports informed decision-making, ultimately contributing to more effective and responsive public services.
The City currently has an agreement with OpenGov for the Budgeting & Planning solution for use by the Finance Department with little over two (2) years remaining in the contract term. However, after the initial implementation and subsequent use of the software, the Finance Department determined that it was not a good fit for their current needs due to redundancy of existing tasks and the unforeseen costs associated with training staff members from all City departments involved in the budget process. As a result, the Finance Department decided that it no longer needed the software and moved forward to discontinue its use and terminate the agreement.
When looking for an asset management system for the Department of Public Works, Staff found that OpenGov offered a solution as part of their integrated cloud-based suite. Staff requested a product demonstration and found it to be robust and a good fit for the department’s needs including integration with the GoGov portal. After several discussions between the departments and OpenGov, the part ies agreed to entertain a “product swap” which includes the d iscontinuation of the budgeting module and applying the remaining funds towards the OpenGov Asset Management software. This would allow the Public Works Department to implement a cloud -based asset management software and to eliminate the paper-based system currently in use. This situation provides a unique opportunity for the City of Baldwin Park to be able to re -direct funds from a n underused software subscription and apply it to a much more needed solution that meets the vital needs of the Department of Public Works. The process involves simply disactivating and discontinuing the Budget & Planning domains and activating the Asset Management module and associated domains.
The parties have agreed to cancel the existing agreement for the Budgeting and Planning module and enter into a new Master Services Agreement for an initial term of four months and two years, with the option to renew for three additional one-year terms.
Staff has confirmed that the price proposed by OpenGov is below the National Association of State Procurement Officials (NASPO) price list offered by a NASPO ValuePoint (“NASPO”) vendor, which is also an authorized reseller of OpenGov. NASPO is a cooperati ve purchasing program facilitating public procurement solicitations and agreements using a lead-state model. Additionally, for procurement purposes, OpenGov's software platform is the only integrated multi-tenant Software as a Service ("SaaS") solution that can meet and/or exceed the City's desired goals for communications, reporting, and civic engagement, as described in detail under the Product Selection section.
ALTERNATIVES
The City Council may decide not to approve this request and direct staff with an alternative.
CEQA REVIEW
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 statutor ily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Quote for OpenGov Asset Management System for term of pro-rated + 24 months
2. Master Services Agreement (MSA)
3. Statement of Work (SOW)
4. Quote for Integration between OpenGov and the GoGov portal
5. Staff Report January 19, 2022 _ Approval of Agreement with OpenGov Inc. for Budgeting & Planning Suite for the Finance Department
OpenGov Inc. 660 3rd Street, Suite 100San Francisco, CA 94107United States Order Form Number:OG-1458962Created On: 8/12/2024 Prepared By: Alex Martinez Order Form Expiration: 10/25/2024 Email: [email protected] Subscription Start Date: 10/25/2024 Contract Term:Prorated + 24 MonthsSubscription End Date: 1/24/2027 Customer Information Customer:City of Baldwin Park, CA Contact Name:Sam Gutierrez Bill To/Ship To:14403 East Pacific Avenue Email: [email protected] Park, California 91706United States Order Details Billing Frequency:Annually in Advance Payment Terms:Net Thirty (30) Days SOFTWARE SERVICES: Product / Service Start DateEnd Date Annual Fee Enterprise Asset ManagementTransportation Domain, Walkability Domain, Stormwater Domain, Integration toolkit 10/25/20241/24/2025 $11,737.50) Enterprise Asset ManagementTransportation Domain, Walkability Domain, Stormwater Domain, Integration toolkit 1/25/20251/24/2026 $46,950.00) Enterprise Asset ManagementTransportation Domain, Walkability Domain, Stormwater Domain, Integration toolkit 1/25/20261/24/2027 $49,297.50) Annual Subscription Total: See Billing Table
PROFESSIONAL SERVICES: Product / Service DescriptionOpenGov Deployment — One Time Fee (Prepaid Hours) Product configuration, setup, and training described in the attached SOW.$51,815.00Expense Reimbursement $2,800.00Professional Services Total:$54,615.00 Billing Table: Billing Date:Amount:October 25, 2024$63,552.50) (Annual Software Fee + Professional Service Fees)January 25, 2025$46,950.00) (Annual Software Fee)January 25, 2026$49,297.50)Expense Reimbursement$2,800.00Billed upon completion Order Form Legal TermsThis Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/. The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. The existing Order Form between the parties, dated 1/24/2022 for Budgeting and Planning, shall be canceled and be replaced in its entirety with this Order Form Number OG-1458962. Additionally, the following OpenGov invoices are cancelled: INV00009835 dated 1/25/2023 in the amount of $42,343.00 term 1/25/2023-1/24/24; and INV12427 dated 1/31/2024 in the amount of $42,343.00 term 1/25/24-1/24/25. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
City of Baldwin Park, CA OpenGov, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Docusign Envelope ID: 4180EE9C-3526-49DF-8C4D-27EEEA1E8E5C Sam Kramer
9/17/2024
SVP, Finance
65431.00105\42662303.1
1 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 OpenGov Master Services Agreement The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services. 1. Definitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document(s) separately executed by the parties or attached as an Exhibit, that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial-off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). Software Services do not include any pre-release features, functionality, and/or software that Customer elects to use while they are in beta. 2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time; however, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 65431.00105\42662303.1
2 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024
2.3. Professional Services 2.3.1. If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties, which is incorporated by reference. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date. 2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing, or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third-party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to 65431.00105\42662303.1
3 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 Customer. Customer grants OpenGov and its partners (such as hosting providers) a non-exclusive, royalty-free license to use, store, edit, and reformat Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices, which is to delete Customer Data 45 days after termination or expiration of the Agreement. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate Feedback into the Software Services and Documentation. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 65431.00105\42662303.1
4 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024
5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. After the Initial Term, this Agreement shall automatically renew for up to three (3) additional periods each one (1) year in duration (each, a “Renewal Term” and together with the Initial Term, the “Term”), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term. 6.3. Termination for Cause. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party, the non-breaching party may terminate this Agreement. 6.4. Termination for Non-Appropriation. For any term after the first full year of this Agreement, Customer may terminate this Agreement if it does not appropriate funds to continue this Agreement in a future fiscal year by providing notice in writing no less than 30 days before the end of the then-current term. Such termination shall be effective upon the expiration of the then-current term. Customer will use good faith efforts to secure the appropriate funds for the next year’s fees. 6.5. Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer shall pay in full for all Software Services and Professional Services for the then-current annual term. Notwithstanding the foregoing, if this Agreement is terminated for cause by Customer, then Customer shall pay in full for all Software Services and Professional Services performed up to the effective date of termination or expiration , (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer 65431.00105\42662303.1
5 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 agrees to pay invoices within 30 days. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable. 7.1.2. Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in the applicable renewal Order Form. 7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice. 7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe a late interest penalty of the maximum rate permitted by law and (b) If Customer’s account remains delinquent (with respect to payment of an undisputed invoice) for 10 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such service suspension based on such Customer’s delinquency. 7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax-exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, OpenGov will re-perform the applicable services. If OpenGov is unable to re-perform such work as 65431.00105\42662303.1
6 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of the completion of Professional Services pursuant to the applicable SOW to receive such warranty remedies. 8.1.3. Software Services Warranty. OpenGov further represents and warrants that for the Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the license for such Software Services and will be entitled to recover all fees paid to OpenGov for the deficient Software Services. 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Limitation of Liability 9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES 65431.00105\42662303.1
7 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of gross negligence, fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines and policies provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. For notices required by the Agreement the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: [email protected] with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or 65431.00105\42662303.1
8 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer’s jurisdiction, without regard to conflict of laws principles. The parties submit to personal jurisdiction and venue in the courts of Customer’s jurisdiction. 10.11. Complete Agreement. This Agreement supersedes and cancels the Software Services Agreement, Order Form and Statement of Work previously entered into by the Parties, dated as of January 24, 2022 for Budgeting and Planning. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement, including the SOW and Order Form. Any additional or different terms in a purchase order or click-through agreement are expressly rejected by the Parties and are void. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. 10.12. Audit or Examination. OpenGov shall keep all records of funds received from Customer and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. In no event shall any audit occur: (1) more than once per calendar year, (2) without giving at least three business days prior written notice (3) outside of OpenGov’s normal business hours, or (4) on systems where such audit may, in OpenGov’s sole reasonable discretion, violate its third-party confidentiality obligations. 10.13. Compliance with Law. Services shall be provided in accordance with the applicable laws 65431.00105\42662303.1
9 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 and regulations of all governmental agencies that are in force at the time services are performed. OpenGov shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. 10.14. Right to Utilize Others. Customer reserves the right to utilize others to perform work similar to the services provided herein. 10.15. Indemnity. OpenGov shall indemnify, and hold harmless Customer, its officials, officers, and employees against any and all third-party 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 rendered against Customer and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of material breach of this Agreement due to OpenGov's grossly negligent performance, or the grossly negligent performance of its agents, employees, subcontractors, or invitees, as well as, grossly negligent acts or omissions of OpenGov, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active gross negligence on the part of Customer, or its officials, officers, agents or employees. 10.16. Insurance. OpenGov shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent consultant liability) with the following minimum limits of liability: Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and Property Damage -- $1,000,000, single limit, per occurrence; or Combined single limits -- $2,000,000. Comprehensive Automobile Liability Insurance including as applicable owned, hired and non-owned automobiles with the following minimum limits of liability: $1,000,000, single limit, per accident. Technology Errors and Omissions Liability Insurance with $1,000,000 per claim. Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. 65431.00105\42662303.1
10 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 Prior to commencement of services hereunder, OpenGov shall provide Customer with a certificate of insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: The Customer, and its officials, officers, agents and employees are named as additional insured (with the exception of Technology Errors and Omissions Liability and Worker’s Compensation); The coverage provided shall be primary (with the exception of Technology Errors and Omissions Liability and Worker’s Compensation) as respects to Customer, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by Customer or its officials, officers, agents or employees shall be in excess of OpenGov’s insurance and not contributed with it. The insurer shall provide at least thirty (30) days prior written notice to Customer of cancellation or of any material change in coverage before such change or cancellation becomes effective. With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against Customer and Customer personnel for losses arising from work performed by OpenGov for Customer, and the insurer’s agreement in this regard shall be reflected in the Workers’ Compensation Insurance endorsement (with the exception of Technology Errors and Omissions Liability) 10.17. Records and Inspections. OpenGov shall maintain full and accurate financial and payment records with respect to all services and matters covered under this Agreement. Customer shall have free access at all reasonable times 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. OpenGov shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. In no event shall any audit occur: (1) more than once per calendar year, (2) without giving at least three business days prior written notice (3) outside of OpenGov’s normal business hours, or (4) on systems where such audit may, in OpenGov’s sole reasonable discretion, violate its third-party confidentiality obligations. 10.18. Taxpayer Identification Number. OpenGov shall provide Customer with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 10.19. Conflict of Interest. OpenGov agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and OpenGov shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 10.20. Political Activity/Lobbying Certification. OpenGov may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency 65431.00105\42662303.1
11 OpenGov Master Services Agreement City of Baldwin Park, CA - Revised September 11, 2024
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 candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement.
10.21. Designated Representatives. Customer hereby designates Sam Gutierrez, or designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). OpenGov hereby designates Patricia “Patty” Martin, or designee, to act as its representative for the performance of this Agreement ("OpenGov's Representative").
City of Baldwin Park, CA OpenGov, Inc.
Signature ___________________________ Signature __________________________ Name ___________________________ Name __________________________ Title ___________________________ Title __________________________ Date ___________________________ Date __________________________ StatementofWorkCityofBaldwinPark,CA
CreationDate:7/7/2024DocumentNumber:PS-05103VersionNumber:2Createdby:JenniferNordin 2023EnterpriseAssetManagementStatementofWorkv1
TableofContents1.OverviewandApproach 31.1.Agreement 32.StatementofWork 32.1.ProjectScope 32.2.FacilitiesandHoursofCoverage 42.3.KeyAssumptions 42.4.Exclusions 42.5.OpenGovResponsibilities 52.5.1.Activity1–ProjectManagement 52.5.2.Activity2–Initialization 62.5.3.Activity3–OpenGovDomains 62.5.4.Activity4–Training 72.6.YourResponsibilities 72.6.1.YourProjectManager 72.7.CompletionCriteria 82.8.EstimatedSchedule 82.9.IllustrativeProjectTimelines 82.10.OfferExpirationDate 8AppendixA:EngagementCharter 9A-1:CommunicationandEscalationProcedure 9A-2:ChangeOrderProcess 9A-3:DeliverableMaterialsAcceptanceProcedure 10AppendixB:ImplementationActivities 11 2023Statement of Workv1 2
1. OverviewandApproach1.1. AgreementThisStatementofWork(“SOW”)identifiesservicesthatOpenGov,Inc.(“OpenGov”or“we”)willperformforCityofBaldwinPark,CA (“Customer”or“you”)pursuanttothatorderforProfessionalServicesenteredintobetweenOpenGovandtheCustomer(“OrderForm”)whichreferencestheMasterServicesAgreementorotherapplicableagreemententeredintobytheparties(the“Agreement”).● CustomeracknowledgesandagreesthatthisStatementofWorkissubjecttotheconfidentialityobligationssetforthintheAgreementbetweenOpenGovandCustomer.● TheDeliverableslistedinAppendixBarethesinglesourceofthetruthofthedeliverablestobeprovided.● Customer’suseoftheProfessionalServicesisgovernedbytheAgreementandnotthisSOW.● UponexecutionoftheOrderFormorotherdocumentationreferencingtheSOW,thisSOWshallbeincorporatedbyreferenceintotheAgreement.● IntheeventofanyinconsistencyorconflictbetweenthetermsandconditionsofthisSOWandtheAgreement,thetermsandconditionsofthisSOWshallgovernwithrespecttothesubjectmatterofthisSOWonly.Unlessotherwisedefinedherein,capitalizedtermsusedinthisSOWshallhavethemeaningdefinedintheAgreement.● ThisSOWmaynotbemodifiedoramendedexceptinawrittenagreementsignedbyadulyauthorizedrepresentativeofeachparty.● OpenGovwillbedeployedasis,Customerhasaccesstoallfunctionalityavailableinthecurrentrelease.
2. StatementofWorkThisSOWislimitedtotheImplementationoftheOpenGovEnterpriseAssetManagement asdefinedintheOpenGovResponsibilitiessectionofthisdocument(Section2.5).Anyadditionalservicesorsupportwillbeconsideredoutofscope.
2.1. ProjectScopeUnderthisproject,OpenGovwilldelivercloudbasedEnterpriseAssetManagementsolutionstohelptheCustomerpoweramoreeffectiveandaccountablegovernment.OpenGov'sestimatedchargesandschedulearebasedonperformanceoftheactivitieslistedinthe“OpenGovResponsibilities”sectionbelow. DeviationsthatariseduringtheprojectwillbemanagedthroughtheproceduredescribedinAppendixA-2:ProjectChangeControlProcedure,andmayresultinadjustmentstotheProjectScope,EstimatedSchedule,Chargesandotherterms. Theseadjustmentsmayincludechargesonatime-and-materialsorfixed-feebasisusingOpenGov’sstandardratesineffectfromtimetotimeforanyresultingadditionalworkorwaitingtime. 2023Statement of Workv1 3
2.2. FacilitiesandHoursofCoverageOpenGovwill:A. PerformtheworkunderthisSOWremotely,exceptforanyproject-relatedactivitywhichOpenGovdetermineswouldbebestperformedatyourfacilityinordertocompleteitsresponsibilitiesunderthisSOW.B. ProvidetheServicesunderthisSOWduringnormalbusinesshours,8:30amto6:00pmlocaltime,MondaythroughFriday,exceptholidays.
2.3. KeyAssumptionsTheSOWandOpenGovestimatesarebasedonthefollowingkeyassumptions.DeviationsthatariseduringtheproposedprojectwillbemanagedthroughtheProjectChangeControlProcedure(seeAppendixA-2),andmayresultinadjustmentstotheProjectScope,EstimatedSchedule,Charges,andotherterms.PerA. TheOpenGovSuitesarenotcustomizedbeyondcurrentcapacitiesbasedonthelatestreleaseofthesoftware.B. IndividualsoftwaremodulesareconfiguredbasedondiscussionsbetweenOpenGovandCustomer.C. EnterpriseAssetManagementi. OpenGovwillprovideallservicesremotelyviaaudio;video;andwebconferencesunlessotherwisenoted.ii. OpenGovassumesthatthecustomerisresponsibleforperformingqualitycontrolmeasuresonitsdatainEAM.iii. OpenGovassumesthatthecustomerisresponsiblefortestingitsworkflows,automations,integrations,andconfigurationswithintheEAMandwillupdatetheconfigurationsaspartofitstestingandtrainingactivities.iv. OpenGovassumesthatthecustomeracceptsEAMuponthecompletionofthego-liveeventv. Ifanon-APIintegrationisincludedinscope,Customerisresponsibleforengagingthirdpartyvendortoobtaindata,configuration,and/orthirdpartyintegrationsupport.vi. IfanAPIintegrationisincludedinscope,CustomerisresponsibleforprovidingaccesstoatestinstanceofthethirdpartyAPIincludingaURL,authenticationcredentials,andrelevantdocumentation.vii. OpenGovbestpracticeistonotexceedtestedlimitsoftheproduct.
2.4. ExclusionsThefollowingserviceitemsarenotincludedinthescopeofthisproject:
A. ImplementationofanycustommodificationorintegrationdevelopedbyOpenGov;yourinternalstaff; oranythird-partyisnotincludedinthescopeofthisprojectunlessspecificallylisted inAppendixB. 2023Statement of Workv1 4
B. Dataconversionservicesfromothersoftwaresystem(s)orsources(includingNavigatordatabases)arenotincludedinthescopeofthisprojectunlessspecificallylistedinAppendixB.C. Anyserviceitemsdiscussedduringdemonstrations;conferencecalls; orothereventsarenotincludedinthescopeofthisprojectunlessspecificallylistedinAppendixB.
2.5. OpenGovResponsibilities
2.5.1. Activity1–ProjectManagementOpenGovwillprovideprojectmanagementfortheOpenGovresponsibilitiesinthisSOW.ThepurposeofthisactivityistoprovidedirectiontotheOpenGovprojectpersonnelandtoprovideaframeworkforprojectplanning,communications,reporting,proceduralandcontractualactivity. Thisactivityiscomposedofthefollowingtasks:
PlanningOpenGovwill:A. reviewtheSOW,contractandprojectplanwithCustomer’sProjectManagerandkeystakeholderstoensurealignmentandagreedupontimelines;B. maintainprojectcommunicationsthroughyourProjectManager;C. establishdocumentationandproceduralstandardsfordeliverableMaterials;andD. CollaboratewithyourProjectManagertoprepareandmaintaintheprojectplanfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,andprojectmilestones.
ProjectTrackingandReportingOpenGovwill:A. reviewprojecttasks,schedules,andresourcesandmakechangesoradditions,asappropriate. MeasureandevaluateprogressagainsttheprojectplanwithyourProjectManager;B. workwithyourProjectManagertoaddressandresolvedeviationsfromtheprojectplan;C. conductregularlyscheduledprojectstatusmeetings;andD. administertheProjectChangeControlProcedurewithyourProjectManager.
CompletionCriteria:Thisisanon-goingactivitywhichwillbeconsideredcompleteattheendoftheServicescontract.
DeliverableMaterials:● Weeklystatusreports
2023Statement of Workv1 5
● Projectplan● ProjectCharter● Risk,Action,IssuesandDecisionsRegister(RAID)
2.5.2. Activity2–InitializationOpenGovwillprovidethefollowing:
A. CustomerEntityconfigurationB. SystemAdministratorscreationC. SolutionBlueprintcreationD. DataValidationstrategyconfirmation CompletionCriteria:Thisactivitywillbeconsideredcompletewhen:● CustomerEntityiscreated● SystemAdministratorshaveaccesstoCustomerEntity● SolutionBlueprintispresentedtoCustomer DeliverableMaterials:● SolutionBlueprint● Sign-offofInitialDraftSolutionBlueprint
2.5.3. Activity3–OpenGovDomainsOpenGovwillprovidethefollowing:EnterpriseAssetManagementDomainsA. TransportationB. WalkabilityC. Stormwater CompletionCriteria:Thisactivitywillbeconsideredcompletewhen:
● Instancesetupiscompleted● RequirementsGatheringiscompleted● StartupDataisloaded● AssetInstallationiscompleted● Integrationisconfigured DeliverableMaterials:● Formalsignoffdocument
2023Statement of Workv1 6
2.5.4. Activity4–TrainingTrainingwillbeprovidedininstructor-ledvirtualsessionsunlessotherwisespecifiedinAppendixB.Foranyinstructor-ledvirtualsessions,theclasssizeisrecommendedtobe10,forclasssizeslargerthan10itmaybenecessarytohavemorethanoneinstructor.
CompletionCriteria:● Softwaretrainingisdelivered
DeliverableMaterials:● Formalsignoffdocument
2.6. YourResponsibilitiesThecompletionoftheproposedscopeofworkdependsonthefullcommitmentandparticipationofyourmanagementandpersonnel. TheresponsibilitieslistedinthissectionareinadditiontothoseresponsibilitiesspecifiedintheAgreementandaretobeprovidedatnochargetoOpenGov. OpenGov'sperformanceispredicateduponthefollowingresponsibilitiesbeingmanagedandfulfilledbyyou. DelaysinperformanceoftheseresponsibilitiesmayresultindelayofthecompletionoftheprojectandwillbehandledinaccordancewithAppendixA-2:ProjectChangeControlProcedure.
2.6.1. YourProjectManagerPriortothestartofthisproject,youwilldesignateapersoncalledyourProjectManagerwhowillbethefocalpointforOpenGovcommunicationsrelativetothisprojectandwillhavetheauthoritytoactonbehalfofyouinallmattersregardingthisproject.YourProjectManager'sresponsibilitiesincludethefollowing:
A. manageyourpersonnelandresponsibilitiesforthisproject(forexample:ensurepersonnelcompleteanyself-pacedtrainingsessions,configuration,validationoruseracceptancetesting);B. serveastheinterfacebetweenOpenGovandallyourdepartmentsparticipatingintheproject;C. administertheProjectChangeControlProcedurewiththeProjectManager;D. participateinprojectstatusmeetings;E. obtainandprovideinformation,data,anddecisionswithinfive(5)businessdaysofOpenGov’srequestunlessyouandOpenGovagreeinwritingtoadifferentresponsetime;F. resolvedeviationsfromtheestimatedschedule,whichmaybecausedbyyou;G. helpresolveprojectissuesandescalateissueswithinyourorganization,asnecessary;andH. create,withOpenGov’sassistance,theprojectplanfortheperformanceofthisSOWwhichwillincludetheactivities,tasks,assignments,milestonesandestimates. 2023Statement of Workv1 7
2.7. CompletionCriteriaOpenGovwillhavefulfilleditsobligationsunderthisSOWwhenanyofthefollowingfirstoccurs:
A. OpenGovaccomplishestheactivitiessetforthin“OpenGovresponsibilities”sectionanddeliverstheservicesinAppendixBaslisted,ifany;orB. TheEnddateisreached
2.8. EstimatedScheduleOpenGov will scheduleresourcesfor thisproject uponsignatureof theorder form. Unlessspecificallynoted, theOpenGovassignedproject manager willworkwithCustomerProjectManager to develop the project schedule for all requested deliverables under this SOW.OpenGov reserves the right to adjust the schedule based on the availability of OpenGovresources and/or Customer resources, and the timeliness of deliverablesprovidedbytheCustomer.
TheServicesarecurrentlyestimatedtostart withintwo(2)weeksbutnolaterthanfour(4)weeks fromsignatures and have an estimated end date of nine months after signatures(“EndDate”)oronotherdatesmutuallyagreedtobetweenyouandOpenGov.
2.9. IllustrativeProjectTimelinesThetypicalprojecttimelinesareforillustrativepurposesonlyandmaynotreflectyourusecases.
2.10. OfferExpirationDateThisofferwillexpireonOctober31,2024unlessextendedbyOpenGovinwriting. 2023Statement of Workv1 8
AppendixA:EngagementCharter
A-1:CommunicationandEscalationProcedureActiveengagementthroughouttheimplementationprocessisthefoundationofasuccessfuldeployment.Tohelpassessprogress,addressquestions,andminimizeriskduringthecourseofdeploymentbothpartiesagreetothefollowing:● Regularcommunicationalignedtotheagreeduponprojectplanandtiming.○ OpenGovexpectsourcustomerstoraisequestionsorconcernsassoonastheyarise.OpenGovwilldothesame,inordertobeabletoaddressitemswhenknown.● Executiveinvolvement○ Executivesmaybecalledupontoclarifyexpectationsand/orresolveconfusion.○ Executivesmaybeneededtosteerstrategicitemstomaximizethevaluethroughthedeployment.● EscalationProcess:○ OpenGovandCustomeragreetoraiseconcernsandfollowtheescalationprocess,resourceresponsibility,anddocumentationintheeventanescalationisneededtosupportissuesraised● Identificationofanissueimpedingdeploymentprogress,outcomeorcapturingthevalueproposition,thatisnotacceptable.● CustomerorOpenGovProjectManagersummarizestheproblemstatementandimpasse.● CustomerandOpenGovProjectManagersjointlywilloutlinesolution,acceptanceorscheduleExecutivereview.● ResolutionwillbedocumentedandsignedofffollowingExecutivereview.● PhaseSign-Off○ OpenGovrequestssign-offsatvariousstagesduringtheimplementationoftheproject. OncetheCustomerhassigned-off,anyadditionalchangesrequestedbyCustomeronthatstagewillrequireapaidchangeorderforadditionalhoursforOpenGovtocompletetherequestedchanges.
A-2:ChangeOrderProcessThisSOWandrelatedeffortsarebasedontheinformationprovidedandgatheredbyOpenGov.Customersacknowledgethatchangestothescopemayrequireadditionaleffortortime,resultinginadditionalcost.Anychangetoscopemustbeagreedtoinwritingoremail,bybothCustomerandOpenGov,anddocumentedassuchviaa:● ChangeOrder-WorkthatisaddedtoordeletedfromtheoriginalscopeofthisSOW.Dependingonthemagnitudeofthechange,itmayormaynotaltertheoriginalcontractamountorcompletiondateandbepaidforbyCustomer.Changesmightinclude:o Timelineforcompletiono Signoffprocesso CostofchangeandInvoicetimingo AmendingtheSOWtocorrectanerror. 2023Statement of Workv1 9
o Extension of work as the complexity identified exceeds what was expected byCustomerorOpenGov.o ChangeintypeofOpenGovresourcestosupporttheSOW.
A-3:DeliverableMaterialsAcceptanceProcedureDeliverableMaterialsasdefinedhereinwillbereviewedandacceptedinaccordancewiththefollowingprocedure:● ThedeliverableMaterialwillbesubmittedtoyourProjectManager.● YourProjectManagerwillhavedecisionauthoritytoapprove/rejectallprojectCriteria,PhaseAcceptanceandEngagementAcceptance.● Withinfive(5)businessdaysofreceipt,yourProjectManagerwilleitheracceptthedeliverableMaterialorprovideOpenGov’sProjectManagerawrittenlistofrequestedrevisions.IfOpenGovreceivesnoresponsefromyourProjectManagerwithinfive(5)businessdays,thenthedeliverableMaterialwillbedeemedaccepted.Theprocesswillrepeatfortherequestedrevisionsuntilacceptance.● Allacceptancemilestonesandassociatedreviewperiodswillbetrackedontheprojectplan.● BothOpenGovandCustomer recognizethat failuretocompletetasksandrespondtoopenissuesmayhaveanegativeimpactontheproject.● For anytasksnot yet complete, OpenGovand/orCustomerwillprovidesu cientresourcestoexpeditecompletionoftaskstopreventnegativelyimpactingtheproject.● AnyconflictarisingfromthedeliverableMaterialsAcceptanceProcedurewillbeaddressedasspecifiedintheEscalationProceduresetforthinAppendixA-1.Assetforthinthe“CustomerDelays”provisionoftheAgreement,ifthereareextendeddelays(greaterthan10businessdays)inCustomer’sresponseforrequestedinformationordeliverable;OpenGovmayopttoputtheprojectonan"OnHold"status.AftertheCustomerhasfulfilleditsobligations,ProfessionalServicescanberesumedandtheprojectwillbetakenoffthe"On-Hold"status.● Puttingaproject“onHold”mayhaveseveralramificationsincluding,butnotrestricted,tothefollowing:○ ProfessionalServicestothecustomercouldbestopped;○ Delaytoanyagreedtimelines;or○ NothavingthesameProfessionalServicesteamassigned. 2023Statement of Workv1 10
AppendixB:ImplementationActivitiesSetupOpenGovwill:
● Setupahosted,sandboxandproductionOpenGovAssetManagementenvironment.● Provide an overview, up to two (2) hours, of OpenGovandArcGISOnlineuser-basedloginsandUser/Rolefunctionality.● Provideatemplatefiletobeutilizedbyyour staff topopulateRolesandUserstobeutilizedforOpenGovAssetManagement.● Utilize the template to create users and roles in OpenGov Asset Management. (Note:SubsequentUserand/orRolechangeswillbeyouradministrator’sresponsibility.)● Provide documentation and guidance, up to four (4) hours, for your technical GIS staff toconfigureEsri BasemapServicesforOpenGovAssetManagementintegration.Guidancewillbe geared towards OpenGov Asset Management/Esri integration functionality andrequirements.● Setup the OpenGov Asset Management Platform, including the Request, Work, Resource,andAsset Management areasof thesoftware. Asset Management solutionswill besetupforallsolutionsreferencedintheAssetssectionofthescopeunlessotherwisenoted.
RequirementsGatheringOpenGovwill● Provide aremote, uptotwelve(12) hours, requirement gatheringworkshoptoincreaseourunderstanding of your business and functional goals. Through workshops and interviews,OpenGovwill identifybest fit scenariosfor OpenGovAsset Management andprovideabriefincludinganychallengesaswell asrecommendationsfor OpenGovAssetManagementbestpracticesrelevanttoyourimplementation.
ConfigurationsOpenGovwill:
● Provideconfigurationservices,including:o Uptoten(10) customfieldsanduptotwo(2)customlayoutsperassettypelistedintheAssetssectionbelowo Uptothirty(30) customfieldsanduptoten(10)customlayoutstobeutilizedinanyofthesharedareasofthesystem,suchasTaskso Uptotwenty(20)automationso Uptotwenty(20)preventativemaintenanceplans TrainingOpenGovwill:
FoundationalTraining● Provide remote train-the-trainer training, uptotwo(2) hours, onoverall systemnavigationand functionality to help familiarize your staff with the software environment and itscommonfunctions.Trainingtopicsinclude:o Dashboardso StandardKPI/ROIGadgetso Logins/Permission 2023Statement of Workv1 11
o Layerso Filterso Mapso Gridso SystemNavigationo Views(List&Detail)o StandardReportso Attachmentso Requests,Work,Assets,Resources,Reports,andAdministratorTabs ● Provideremotetrain-the-trainer training, uptoone(1) hour,foranoverviewofPreventativeMaintenancePlans. ● Provide remote train-the-trainer training, up to one (1) hour, for an overview of AssetConditionManagerandAdvancedInspections. ● Provideremotetrain-the-trainertraining,uptotwo(2)hours,foranoverviewofReporting. ● Provide remote train-the-trainer training, up to two (2) hours, on OpenGov AssetManagementEsriintegrationfunctionality.Trainingtopicsinclude:o OpenGovAssetManagementEsriintegrationconfigurationoptionso Integrationfunctionality(basemapandfeature)o Overall Esri integrationrequirements, considerations, andOpenGovrecommendedbestpractices TraintheTrainerTrainingEvent● Provide a three-day (3-day) onsite "train-the-trainer" training event. Thetrainingagendawill be defined and agreed upon by both OpenGov and your project manager. To avoidredundancy, andtoutilizeservicetimee ciently, trainingmaycoverasubsetoftheassetslistedintheAssetsectionofthescope.Topicsmayincludeanyofthefollowing:o RequestManagement:▪ Requests▪ Requesters▪ TaskCreationfromRequests▪ Issuelibrary(includingsettingssuchasAppliestoAssetandNon-Location)▪ OpenGov recommended best practices for Request and RequesterManagemento WorkManagement:▪ CreateTask(s)(Asset/Non-Asset)▪ Assignments(Add,Edit,Remove)▪ TaskMenuActions▪ RelatedWorkItems▪ CreateWorkOrder▪ AssociateTasktoWO▪ RepeatWorkOrders▪ WorkOrderMenuActions▪ EnterResources▪ Timesheets▪ Activitylibrary(includingsettingssuchasAppliestoAsset,Inspection,KeyDates,Cost,andProductivity)▪ OpenGovrecommendedbestpracticesforWorkManagemento AssetManagement:
2023Statement of Workv1 12
▪ AssetDetails▪ PreventativeMaintenancePlans▪ Inspections▪ Linkedassets(ifapplicable)▪ Container/ComponentRelationships(ifapplicable)▪ OpenGovrecommendedbestpracticesforAssetManagemento ResourceManagement:▪ ResourceDetails▪ Labor/EquipmentRates▪ MaterialManagement(Stock,Usage,Adjustments)▪ VendorPriceQuotes▪ OpenGovrecommendedbestpracticesforResourceManagemento OpenGovMobile:▪ Overall system functionality (Navigation, Interface, Maps, Attachments,Sorting)▪ WorkManagement● CreateandUpdateTasks(Asset/Non-Asset)● AssignTasks● EnterResources● Inspections▪ AssetManagement● CreateandUpdateAssets▪ RequestManagement● ViewandUpdateRequests● ViewRequesterinformation● CreateTaskfromRequest▪ OpenGovrecommendedbestpracticesformobiledeviceuseo Administrator:▪ Administrator:● UserAdministration,RoleAdministration,AssetAdministration,RecordFilterAdministration,Import/Export,ScheduledProcessLog,ErrorLog▪ Settings:● SystemSettings,MapAdministration,GeocodeSettings,GISIntegrationsettings,AssetColorManager▪ Manager:● LayoutManager,LibraryManager,PreventativeMaintenance,AssetConditionManager,NotificationManager,StructureManager,Automation● Manager AdvancedTrainingTopics:● Provide Preventative Maintenance Plans remote train-the-trainer training, up tothree(3)hours.Trainingtopicsinclude:o PreventativeMaintenanceo OpenGovrecommendedbestpracticesforproactiveassetmanagement● Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remotetrain-the-trainertraining,uptofour(4)hours.Trainingtopicsinclude:o PerformanceManagement▪ PredictionGroups▪ MinimumConditionGroups▪ ActivitiesandImpacts 2023Statement of Workv1 13
▪ CriticalityFactor▪ Install/ReplacedDates
o BusinessRiskExposure▪ Risk▪ ConsequenceofFailure▪ ProbabilityofFailureo OpenGov recommended best practices for Asset Risk Functionality , advancedinspectionsandconditionmanagement● Provide Integration Toolkit remote train-the-trainer, up to two (2) hours. Training topicsinclude:o APIo Webhookso ScheduledImport/Exporto OpenGovrecommendedbestpracticesforutilizingtheIntegrationToolkit Go-LiveSupportOpenGovwill:● Provide a remote, up to eight (8) hours, webconferences, beutilizedfor Go-LiveSupport.Theagendawill bedefined,andagreedupon,bybothyourandOpenGov’sprojectmanagers.Topicsmayincludeanyofthefollowing:o Refreshertrainingforitemslistedinthescopeofworko Softwareandprocesssupportforstaffduringproductionrollouto Field,Layout,andReportconfigurationguidance,ifapplicable DataServicesOpenGovwill:● Provideonesandboxandoneproductiondataloadservicethroughstandardimport/exportfunctionality.OpenGovwillprovidetemplatedocumentsfordatapopulation.Oncepopulatedby your staff, OpenGov will load the data into your sandbox or productionOpenGovAssetManagementenvironment.Dataloadsmayincludedatasuchas:o Parentlevelassetrecordso Assetlocation(spatialx/y)attributeso Parentlevelresource(Labor,EquipmentMaterial,Vendor)recordso ResourceRate(Labor,Equipment,Material)recordso Standardsystemlibraries Integration● OpenGovstaffwillprovideauni-directional(one-way)IntegrationServicebetweenArborAccess andOpenGov.Theintegrationincludesthefollowingdatapoints:o Trees,treeworkhistorywillbeimportedfromArborAccessintoOpenGov.o AsyncusingauniqueID▪ IfIDexists;informationwillbeupdated▪ IfIDdoesnotexist;OpenGovwillcreatearecordorproduceanerrormessageo Assumptions▪ Theintegrationwillincludeupto12fieldsperintegrateddatapoint▪ Runtimeintervalforthesynciscustomerconfigurablebutcanoccurnomorefrequentlythanhourly▪ Customerstaffwillberesponsibleforpopulatingrequiredvaluesutilizedtosupportintegration▪ AlldatamustbeaccessibletotheOpenGovservicefromaflatfile(.csvor.txt) 2023Statement of Workv1 14
AssetsOpenGovwill:
● Provideinstallationandtrainingonthefollowingassettypes:o Transportation(8)▪ Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking;PavementArea;Supporto Walkability(7)▪ ADARamp;PavementArea:Sign;Tree;LightFixture;Sidewalk;Supporto Stormwater(9)▪ Storm Basin; Storm Channel; StormCulvert; StormFacility; StormInlet;StormManhole;StormOutlet;StormPipe;StormPump 2023Statement of Workv1 15
Order Form | 2024
City of Baldwin Park, CA
Cartegraph Integration
May 2, 2024
Prepared By:
Kevin Strauss, Director of Sales
(631) 861-5812
[email protected]
Prepared For:
Mark Hsu
IT Supervisor
[email protected]
Order Form | 2024
Subscriptions & Services
Description Amount
Cartegraph Integration
Integration to the City’s Cartegraph System (2-Way)
$4,200
/year
Services: $0 Annually: $4,200
Order Details
Primary Contact
Contact Name: Phone:
Title: Email:
Billing Information
Contact Name: Phone:
PO #: (Optional) Email:
Contract Term Information
Initial Subscription Period: 12 months starting:
Order Form | 2024
Terms & Conditions
The following terms are the latest version of the GOGov Master Terms & Conditions that is maintained and updated.
No part of these terms may be modified other than the “Special Terms & Exceptions” section.
1. IMPORTANT NOTICE TO USER: GOGov, Inc. (dba “GOGov”) owns all intellectual property in the software products listed in the Products and Services section (collectively “Software” or “Subscription Services”) in the Order Form.
Customer shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source code.
The following terms and conditions (this “Agreement”) will be effective as of the date of last signature of the Order Form (“Effective Date”) and will be governed by the laws in force in the State of New York.
2. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by GOGov as long as you are a current subscriber and maintain your annual continued services for the applicable licenses. Except as expressly set forth herein, GOGov disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.
3. Continued Services
3.1 Hosting. GOGov agrees to maintain Customer data in a secure datacenter and is committed to providing 99. 5% uptime and availability. GOGov will perform nightly backups of your hosted data to an alternate physical location.
3.2 Ownership of Data. All hosted data specific to Customer is owned by the Customer. Within thirty (30) calendar days following termination of this Agreement, the Customer can request and GOGov will provide a complete copy of Customer’s data without additional charge through a downloadable zip file provided the customer is current on payments.
4. Payment Terms & Fees
4.1 Subscription Term and Termination. The initial Subscription Term of this Agreement begins on Effective Date (last signature) and will continue to the end of the Initial Subscription Period listed in the Order Form. At the end of the initial Subscription Term, Customer’s subscription and this Agreement will renew for an additional twelve (12) month term and for subsequent twelve (12) month periods thereafter. Quotes for budgeting purposes will be sent 6 months prior to subscription renewal. Invoices are sent approximately 60 days prior to subscription renewal. To cancel this agreement, Customer should submit written notice to GOGov at [email protected] not less than sixty (60) calendar days prior to the end of the then-current Term. GOGov reserves the right to increase the annual fees by 7% on the anniversary date of each annual term.
4.2 Payment Terms. Initial payment is due at the beginning of the subscription term. Each subsequent annual billing will be due on the anniversary date of the initial term. Payment Terms are NET 30 Days from the invoice date.
4.3 Taxes & Obligations. In exchange for its use of the Subscribed Services, Customer will pay to GOGov the amounts indicated in the Order. Said amounts are based on services purchased and not actual usage; payment obligations are non-cancelable and fees paid are non -refundable, except as otherwise specifically- provided herein. Unless otherwise stated, such fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value -added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (“Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If GOGov has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount will be invoiced to and paid by Customer, unless GOGov is provided with a valid tax exemption certificate authorized by the appropriate taxing authority. GOGov is solely responsible for taxes assessable against it based on its income, property and employees.
4.4 Convenience Fees. For GOGov products that manage credit card processing, GOGov will add a Convenience Fee of $3.00 plus 3% per transaction to offset the costs of online processing.
5. Limitation of Liability. GOGov will, at all times during the Agreement, maintain appropriate insurance coverage.
In no event will GOGov’s cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed 50% of the annual contract value at the point in time when the circumstances came about to such claim(s) of liability, even if GOGov or its agents have been advised of the possibility of such damages.
Order Form | 2024
6. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms & Conditions that GOGov has published within the software ninety (90) days prior to the renewal date shall replace these terms. Any Special Terms & Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to change our Master Terms & Conditions at any time. If the changes are material, GOGov will advise the Customer by email or posting a notice on the site before changes go into effect. If the Customer does not agree to the new terms, Customer may contact [email protected] to have objections considered.
7. Other Provisions
7.1 Other Public Agency Orders . Other public agencies may utilize the terms and conditions established by this Agreement if agreeable to all parties. Customer does not accept any responsibility or involvement in the purchase orders or contracts issues by other public agencies.
7.2 Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer.
8. Special Terms & Exceptions. None.
This Order Form is entered into between Customer and GOGov. Customer accepts and agrees to adhere to the Terms and Conditions with this order form, will be referenced as the “Agreement.” This Agreement between Customer and GOGov, which Customer hereby acknowledges and accepts, constitutes the entire agreement between GOGov and Customer governing the Services referenced above. Customer represents that its signatory below has the authority to bind Customer to the terms of this Agreement.
GOGov, Inc. City of Baldwin Park, CA
Sign: Sign:
Name: Daryl Blowes Name:
Title: CEO Title:
Date: Date:
Additional Customer Signatures (Optional)
Sign: Sign:
Name: Name:
Title: Title:
Date: Date:
STAFF REPORT
ITEM NO. ________6_________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: January 19, 2022
SUBJECT: Approve an Agreement with OpenGov, Inc. for the OpenGov Budgeting & Planning Suite + OpenGov Reporting &
Transparency Suite
SUMMARY
The purpose of this staff report is to request the City Council to approve a budget software program implementation and support agreement with OpenGov, Inc. The Finance Department has historically relied on complicated spreadsheets for its budget preparati on and financial analysis. The process requires lengthy manual input from the staff. Departments rely on the Finance to create or run reports for the status of financial operation. A more contemporary, efficient and effective solution would utilize a purpose-built Budgeting & Transparency software solution.
RECOMMENDATION
Staff recommends the City Council:
1. Authorize the Mayor to execute the three-year agreement with OpenGov, Inc. with an additional two one-year options; and
2. Authorize the Director of Finance to make all necessary appropriation and budget amendments.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. The cost to implement the budget software program is $42,343 in annual software & support costs and a one -time deployment cost of $44,770.
The one -time deployment cost and the first three -year ann ual support costs in the total amount of $171,799 will be funded from the ARPA funds, account #275 -20-730-58105-52000. The agreement includes the option to extend the contract for an additional two one -year periods after the 3 rd year of the contract. Funding for these optional years will be determined during the future budget process.
BACKGROUND
Staff anticipates a 25% reduction in time needed to complete budget preparation and review, and hundreds of hours saved to create the final budget document with OpenGov’s budgeting software program. Staff also anticipates reduction in time needed to create reports for department heads, quarterly reports, City Council reports and the general public.
Contracting with OpenGov for their budgeting solution will allow the public, Council, and city staff to have periodic (external) and real time (internal) results that are available through their transparency platform. The transparency platform includes management dashboards that are customizable to enable analyses of operations and funding needs that will optimize planning and allocation of reso urces. The budgeting solution also includes the ability to create Capital Improvement Plans, which can be incorporated into the budget document. Additionally, the budgeting solution will be directly integrated with the City’s Tyler Incode 10 Financial System to ensure accuracy and minimize staff re-work.
Staff has confirmed that the price proposed by OpenGov is below the National Association of State Procurement Officials (NASPO) price list offered by a NASPO ValuePoint (“NASPO”) vendor, which is also an authorized reseller of OpenGov. NASPO is a cooperative purchasing program facilitating public procurement solicitations and agreements using a lead -state model. Additionally, for procurement purposes, OpenGov's software platform is the only integrated multi -tenant Software as a Service ("SaaS") solution that can meet and/or exceed the City's desire d goals for communications, reporting, and civic engagement, as described in detail under the Product Selection section.
LEGAL REVIEW
The City Attorney has reviewed this report and the attached agreement with OpenGov, Inc.
ALTERNATIVES
City Council may decide not to approve this request and direct staff to continue the current manual budget preparation.
ATTACHMENTS
1. Service order form and agreement from OpenGov, Inc.
STAFF REPORT
ITEM NO. ____4____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
DATE: October 2, 2024
SUBJECT: Approval of Resolution No. 2024-044 for a One-Time City Hall Closure
SUMMARY
This report requests City Council approval to close City Hall to visitors and customers from December 23, 2024, through January 3, 2025, and offer qualified employees the opportunity to utilize accrued vacation, and/or holiday, and/or admin leave, and/or comp-time, and/or unpaid leave during the closure should the employees select to take time off. Cancellation of the City Council regular meetings during the holiday period and in the Summer of 2025 are also included.
RECOMMENDATION
It is recommended that the City Council:
1. Approve Resolution No. 2024-044 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, approving a one-time City Hall closure from December 23, 2024 through January 3, 2025, 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 18, 2024, January 1, 2025 and July 2, 2025
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.
FISCAL IMPACT
The cost is minimal and will be offset by energy savings from reduced utility use at City Hall for a total amount of five (5) working days.
DISCUSSION
The Christmas Holiday is a period of very low activity at City Hall. Many contractors, engineers, and architects’ offices are closed for the holiday break. Last year the City Council approved a one-time City Hall closure during the Christmas & New Year Holiday. The level of city services was not impa cted in any significant way, and emergency response operations were staffed appropriately with no complaints from the public about the closure.
Moreover, Council’s approval was very well received by the City of Baldwin Park’s eligible employees.
Public sa fety employees (BPPD) will not be affected, and the Public Works Maintenance Yard will make provisions for minimum staffing during the Holiday closure. Additionally, the city has notified the representing unions of the City’s intent for the temporary closure of City Hall.
To a large extent, employees accrue their vacation time to the maximum cap as their dedication to their work responsibilities makes them reluctant to take time off. By having a full closure of City Hall and cancelling the City Council meetings, it would provide conditions more conducive to employees taking time off.
Given that the Regular City Council meeting of July 2, 2025 falls during Independance Day Week , we are also recommending that the Regular Council meeting be cancelled in recognition of the fact that many folks would utilize this week as a summer recess.
Relevant dates for the City Council to consider as far as high school graduations are as follows:
· North Park High School: Wednesday, June 4, 2025
· Baldwin Park High School: Thursday, June 5, 2025
· Sierra Vista High School: Thursday, June 5, 2025
North Park High School graduation is on the same day as the City Council meeting. Options for City Council to consider include:
· Move the City Council meeting time either to an earlier or later time once the exact time of the graduation is known.
· Poll Councilmembers for attendance to the graduation. · Cancel the Regular City Council meeting.
LEGAL REVIEW
This report does not require legal review.
ATTACHMENTS
1. Resolution No. 2024-044
RESOLUTION NO. 2024-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, APPROVING A ONE -TIME C ITY HALL
CLOSURE FROM DECEMBER 23, 2024 THROUGH JANUARY 3, 2025
AND AUTHORIZING CANCELLATION OF THE CITY COUNCIL
REGULAR MEETINGS ON DECEMBER 18, 2024, JANUARY 1, 2025
AND JULY 2, 2025.
WHEREAS, Authorization of a one-time City Hall closure will allow staff to take a much needed unrelieved break; and
WHEREAS, Approving this one-time closure will enable staff to take accumulated time off the books as a result of the employees not able to take time off due to their dedication to their work responsibilities , without the risk of losing those hours or transferring them to an additional bank of accruals; and
WHEREAS, City Council recognizes that due to significant slowdown in business activity during the Christmas Holiday, there will be an energy savings from reduced utility use at City Hall. City Council may e lect to close down City Hall December 23, 2024 through the January 3, 202 5 as well as approve the cancellation of the City Council Regular meetings on December 18, 2024, January 1, 2025 and July 2, 2025. City Council may also consider alternatives as far as high school graduations may be scheduled on a day of the City Council regular meetings. City Council may consider moving the Council meeting time either to an earlier or later time, poll Councilmembers for attendance to the graduation, or cancel the regular meeting; and
WHEREAS, City Council instructs the Chief Executive Officer to provide adequate notification to Baldwin Park residents and customers by informing them of the City Hall closure, through Social Media platforms, Closure notices posted at City Hall and all City facilities; and
WHEREAS, City Council recognizes employees staffed in emergency response operations that are legally required to be open for business, are exempt from this resolution and may coordinate with supervisors for scheduling time off at a future date.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park adopts Resolution No. 2024-044 to approve a one-time City Hall closure of December 23, 2024 through January 3, 202 5, and authorizes qualified city staff to utilize accrued vacation , and/or holiday , and/or admin leave , and/or comp-time, and/or unpaid leave during the closure . Also approve the cancellation of the City Council regular meetings on December 18, 2024, January 2, 2025 and July 1, 2025.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2024.
__________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Christopher Saenz , City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution No. 2024-044 was duly adopted by the City Council of the City of Baldwin Park at a regular scheduled meeting held on the 2nd day of October, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________
CHRISTOPHER SAENZ
CITY CLERK
STAFF REPORT
ITEM NO. _____5_____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
PREPARED BY: Shirley Quinones, Chief Deputy City Clerk
DATE: October 2, 2024
SUBJECT: Adoption of Resolution No. 2024 -045 Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California’s Marketplace for Homeowners and Commercial
Property Insurance
SUMMARY
The adoption of Resolution No. 2024 -045 would request the California Insurance Commissioner and State Legislatures, and the Governor to declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California’s marketplace for homeowners insurance and commercial property insurance.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024 -045 entitled “A Resolution of The City Council of the City of Baldwin Park, California, Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California’s Marketplace for Homeowners and Commercial Property Insurance."
FISCAL IMPACT
There is no fiscal impact to the City associated with the adoption of Resolution No. 2024-045.
BACKGROUND/DISCUSSION
In 1988, California voters enacted Proposition 102, which established a robust set of consumer protections designed to keep insurance rates fair and affordable and to ensure a competitive marketplace.
Last year, two of the State’s largest insurance carriers, representing over 27% of the admitted insurance market in California, announced they would stop issuing new homeowners and commercial property insurance policies in California. Several others, representing more than an additional 36% of the market, an nounced plans to limit new policy origination.
The reduction of insurance options in the State has a direct negative effect on consumer access to coverage; in all parts of the State, homeowners and business owners are now unable to obtain new insurance policies from the admitted insurance market. Acces s to insurance allows existing homeowners to protect what is for many their largest and most important asset, but a scarcity of options may freeze real estate transactions and slow or stop the rate of new housing development, including attached dwelling units like affordable housing projects, exacerbating the State’s critical housing shortage.
Californians who cannot obtain coverage from the admitted market are forced to apply for protection through the California Fair Access to Insurance Requirements (FAIR) Plan, a state -established risk pool intended to operate as California’s insurer of last resort providing temporary coverage as consumers pursue insurance in the traditional market. The collapsing admitted -provider market has caused steadily increasing enrollment in the FAIR Plan over the past five years, threatening the ongoing stability of t he plan, putting even the safety net at dire risk.
Policy decisions have placed Californians' homes and businesses at risk of catastrophic loss that can only be prevented by stabilizing the homeowners insurance and commercial property insurance markets, while providing rates that remain fair and affordable to consumers, and maintaining the ongoing viability of the FAIR Plan, which provides a vital safety net to Californians whose policies are nonrenewed and to homebuyers who cannot secure a mortgage without insurance.
The California Insurance Commissioner has released draft regulations to address this immediate crisis but the Little Hoover Commission hearing on March 28, 2024, reports that reforms “will not go into effect until at least 2026, and it may take a few years after that for the market to react… this timeline, of course could be delayed further if lawsuits by any party, including insurers or consumers, were to occur."
On July 25, 2024, the California Insurance Commissioner entered into a breakthrough agreement to modernize the FAIR Plan. Nonetheless, more urgent action is necessary to stabilize the California insurance market and address the insurance crisis.
The California Insurance Commissioner has broad authority under the Insurance Code to adopt emergency regulations to promote the public welfare, including under sections 1861.01, 1861.05, and 1861.055, to adopt emergency regulations governing the prior approval process for insurance rate change applications, and to adopt emergency regulations under section 11346.1 of Government Code and section 12921.7 of the Insurance Code.
The recommended Resolution requests that the Insurance Commissioner, State Legisla ture, and the Governor declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California’s marketplace for homeowners insurance and commercial property insurance.
ALTERNATIVES
Council may choose to not approve this Resolution.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Resolution No. 2024-045
RESOLUTION NO. 2024-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, REQUESTING THE CALIFORNIA INSURANCE
COMMISSIONER, STATE LEGISLATURE, AND THE GOVERNOR
TAKE EMERGENCY ACTION TO STRENGTHEN AND STABILIZE
CALIFORNIA’S MARKETPLACE FOR HOMEOWNERS AND
COMMERCIAL PROPERTY INSURANCE
WHEREAS, In 1988, California voters enacted Proposition 103, which established a robust set of consumer protections designed to keep insurance rates fair and affordable and to ensure a competitive marketplace; and
WHEREAS, last year, two of the State’s largest insurance carriers, representing over 27 percent of the admitted insurance market in California, announced they would stop issuing new homeowners and commercial property insurance policies in California; several others, representing more than another 36 percent of the market, announced plans to limit new policy origination; and
WHEREAS, the reduction of insurance options in the State has a direct negative effect on consumer access to coverage: in all parts of the State, homeowners, business owners are now unable to obtain new insurance policies from the admitted insurance market; and WHEREAS, access to insurance allows existing homeowners to protect what is for many their largest and most important asset, but a scarcity of options may freeze real estate transactions and slow or stop the rate of new housing development, including attached dwelling units like affordable housing projects, exacerbating the State’s critical housing shortage; and WHEREAS, Californians who cannot obtain coverage from the admitted market are forced to apply for protection through the California Fair Access to Insurance Requirements (FAIR) Plan, a state-established risk pool intended to operate as California’s insurer of last resort providing temporary coverage as consumers pursue insurance in the traditional market; and WHEREAS, policy decisions have placed Californians’ homes and businesses at risk of catastrophic loss that can only be prevented by stabilizing the homeowners insurance and commercial property insurance markets while providing rates that remain fair and affordable to consumers, and maintaining the ongoing viability of the FAIR Plan, which provides a vital safety net to Californians whose policies are nonrenewed and to homebuyers who cannot secure a mortgage without insurance; and
WHEREAS, the California Insurance Commissioner has released draft regulations to address this immediate crisis but the Little Hoover Commission hearing on March 28, 2024 reports that reforms “will not go into effect until at least 2026 , and it may take a few years after that for the market to react… this timeline, of course could be delayed further if lawsuits by an party, including insurers or consumers, were to occur”; and
WHEREAS, on July 25, 2024, the California Insurance Commissioner entered into a breakthrough agreement to modernize the FAIR Plan . Nonetheless , more urgent action is necessary to stabilize the California insurance market and address the insurance crisis; and WHEREAS, the California Insurance Commissioner has broad authority under the Insurance Code to adopt emergency regulations to promote the public welfare, including under sections 1861.01, 1861.05, and 1861.055 , to adopt emergency regulations governing the prior approval process for insurance rate change applications, and to adopt emergency regulations under section 11346.1 of Government Code and section 12921.7 of the Insurance Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Insurance Commissioner, State Legislature, and the Governor are requested to declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California’s marketplace for homeowners insurance and commercial property insurance. The Commissioner, Legislature, and Governor must consider the following goals in crafting an appropriate regulatory response:
A. Expand coverage choices for all consumers , particularly in underserved areas of the State.
B. Improve the efficiency, speed, and transparency of the California Department of Insurance’s rate approval process.
C. Modify the rate approval process to account for all factors necessary to promote a robust, competitive insurance marketplace, including through potential revisions to the way catastrophe risks, reinsurance costs, and other legitimate insurer costs are accounted for.
D. Maintain the long-term availability of homeowners and commercial property insurance coverage.
E. Maintain the financial competence of the FAIR Plan to protect its policyholders and promote long -term resiliency in the face of extreme weather events, including by identifying mechanisms to reduce its share of the overall market in underserved areas and move its customers into the admitted insurance market.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and that this Resolution shall go into effect immediately upon approval.
APPROVED AND ADOPTED this October 2, 2024.
__________________________
Emmanuel J. Estrada
Mayor
[ATTESTATION ON NEXT PAGE]
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2024-045 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on September 18, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Christopher Saenz, City Clerk
STAFF REPORT
ITEM NO. _____6_____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: David Lopez, Associate Engineer
DATE: October 2, 2024
SUBJECT: Award of Contract for City Project No. CIP 24-001-55027 – Morgan Park Restroom Improvements
SUMMARY
This item authorizes the award of a construction contract for City Project No. 24 -001-55027 – Morgan Park Restroom Remodel, in the amount of $403,039 to Corral Construction Development, Inc. The project includes construction of improvements to the existing public restroom building at Morgan Park. Improvements include plumbing, ADA building code compliance improvements, wash stations, stalls, infant changing stations, fixtures change out and interior wall and partitions remodel.
RECOMMENDATION
Staff recommends that the City Council:
1. Determine that the bid submitted by CO Brothers LLC is a non-responsive bid; and
2. Approve and award the construction contract to Corral Construction Development, Inc. of Commerce, CA in the amount of $403,039.00; and,
3. Authorize the Director of Public Works to negotiate and execute an agreement with the City’s on -call consultants for construction management and inspection services in an amount not-to-exceed $34,258.00; and,
4. Authorize a 12% construction contingency in an amount not-to-exceed $48,365.00; and
5. Authorize the Mayor and City Clerk to execute the contract with Corral Construction Development, Inc.
FISCAL IMPACT
There is no fiscal impact to the General Fund. This project is funded by ARPA Funds in the amount of $485,662.
The following table lists the funds available for CIP No. 24-001-55027:
Approved Funds
CIP 24-001-55027 American Rescue Plan Act – ARPA $550,560.00 Total $550,560.00
Construction Cost Amount
Construction Contract $403,039.00
Construction Contingency (12%) $ 48,365.00
Inspection and testing (8.5%) $ 34,258.00
Total $485,662.00
BACKGROUND
At their August 2, 2023, City Council Meeting, City Council awarded an agreement to Infrastructure Engineers a Bowman Consultant Group, Ltd. Company (Bowman) for design services, including the preparation of Plans, Specification, and Estimate (PS&E) for improvements to the public restrooms at Morgan Park. As part of the work, three (3) conceptual renderings were produced and shared at community engagement events.
On March 6, 2024, Bowman completed the work and submitted the PS&E for plan check and approval.
On April 11, 2024, staff received a proposal from RKA Consulting Group to provide services for Building and Safety Code plan check review. RKA completed its review on May 14, 2024 and provided staff with comments and corrections.
On June 11, 2024, Bowman re-submitted the PS&E addressing the corrections for staff review.
On August 7, 2024, City Council accepted plans and specifications and authorized Sta ff to solicit bids through the publication of a Notice Inviting Bids (NIB).
On September 11, 2024, ten (10) bids were received and pubically opened.
DISCUSSION
Upon review of the bids received, Staff determined that the apparent low bid submitted by CO Brothers LLC, was non-responsive as the contractor failed to include the required bid guarantee. Staff also deemed the sixth lowest bid submitted by Bridgeroch Construction, Inc. as non-responsive as the contractor did not follow the bid format for entering unit prices leaving a discrepancy between the unit bid items and the tabulated amount leading to a much higher than intended total bid amount.
Staff did receive a bid protest from R. Dependable Const Inc. of San Bernardino, CA. The protest letter indicated that the bid submittal time was 10:00 AM; however, Staff published the Notice Inviting Bid (NIB) in the San Gabriel Tribune with the 2:00 PM bid due time. Additionally, a notice was sent to all bidders through the City’s Planet Bids portal notifying bidders that the bid submittal time changed from 10:00 AM to 2:00 PM. Bidder’s were further informed that bids would be accepted until 2:00 PM on the day of bid submittal. Therefore, the protest was subsequently denied as without merit.
The following is a summary of the bids received:
No. Contractor Bid Status Bid Amount
1 CO Brothers LLC Non-Responsive $ 154,182.90
2 Corral Construction Development Inc. Lowest Responsive $ 403,039.00 3 ENL Building Services, Inc Responsive $ 415,200.00 4 R. Dependable Const: Inc. Responsive $ 432,000.00 5 Aguilar & Calderon Corp. Responsive $ 447,350.00 6 Bridge Roch Construction, Inc. Non-Responsive $ 484,841.00 7 Corner Keystone Construction Corp Responsive $ 537,504.51 8 Oppenheimer National Responsive $ 571,926.00
9 Lucas Builders, Inc. Responsive $ 594,700.00
10 MBC Enterprises Responsive $ 848,837.00
Upon the disqualification of the apparent low bidder, the lowest responsive and responsible bid was determined to be from Corral Construction Development. Staff has checked and verified references for Corral Construction Development, Inc. and recommends that the City Council award the construction contract for this project to them.
Construction improvements will include the installation of new plumbing, upgrades to existing infrastructure to be ADA building code compliant, installation of new wash stations, stalls, infant changing stations, fixtures change out and interior wall and partitions remodel. If approved, Staff anticipates commencing construction activity in early January 2025 and estimate to be completed by April 2025.
ALTERNATIVES
The City Council may choose:
1. Not to award the construction contract at this time. This action is not recommended since the bid was determined to be responsive and within budget. Also, the ARPA funds use d for programming and construction would lapse if not awarded by December 31st.
2. Provide Staff with alternative direction.
CEQA REVIEW
The subject Morgan Park Restroom Remodel Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing facilities. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Contract Agreement with Corral Construction Development Inc.
C-1
Section C
CONTRACT DOCUMENTS
CONTRACT SERVICE AGREEMENT FOR
PROJECT NO. 24-001-55027 – Morgan Park Restroom Remodel
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ______ day of ____________________, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and _________________________________________ ("Contractor"). The parties hereto agree as follows:
RECITAL
A. The city requires the existing restroom at the Morgan park to be remodeled based on the recommended removal and installation of the new items as shown on the prepared construction plans and this specification. Contractor has represented to the City that Contractor is qualified to perform said services and has submitted a proposal to the City for the same.
B. The City desires to have the Contractor perform said services on the terms and conditions set forth herein.
NOW, THEREFORE, based o n the foregoing Recitals and fo r good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services – In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the construction plans, Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
1.2 Documents Included in Contract – This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder’s Guarantee), Designation of Sub-contractors, Statement of Non-collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers’ Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.
C-2
1.3 Compliance with Law – All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments – Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub-contractors' compliance with this Section.
1.5 Familiarity with Work – By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work – The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties – Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub-contractors to comply with the provisions of this agreement.
1.8 Additional Services – City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be C-3
approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.
1.9 Special Requirements – Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit “A through C” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “A through C” and any other provisions of this Agreement, the provisions of Exhibit “A through C” shall govern.
1.10 Prevailing Wages Laws – In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
2. COMPENSATION
2.1 Contract Sum – For the services render ed pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ($____________________) (herein
"Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
C-4
2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence – Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance – Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing.
3.3 Force Majeure – The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term – Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer.
4. COORDINATION OF WORK
4.1 Representative of Contractor – The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
___________________________________
___________________________________
___________________________________
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer – The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Assignment – The experience, knowledge, ca pability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
4.4 Independent Contractor – Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub-contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub-contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub-contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
4.5 Identity of Persons Performing Work – Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all C-6
personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 Utility Relocation – City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4.7 Trenches or Excavations – Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.
c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance – The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
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Coverage (Check if applicable)
Minimum Limits
(X)
Comprehensive General Liability
Insurance (including premises and
operations)
$1,000,000 per occurrence combined single
limit
( )
Contractual Liability Insurance
Products Liability Insurance
$1,000,000 limit
(X)
Comprehensive Automobile Liability
Insurance (includes owned, non-
owned, and hired automobile hazard
$1,000,000 per occurrence combined single
limit
( )
Professional Liability Insurance
(providing for a one-year discovery
period)
$1,000,000 limit
(X)
Workers'
Compensation/Employers'
Liability Insurance
Statutory $1,000,000 per occurrence
CONDITIONS:
In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of “A” minus or better. This insurance shall not be canceled, limited in scope or coverage or non-renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706.
Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy.
The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement.
However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance C-8
or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub-contractor's performance of the work covered under this agreement.
Each contract between the Contractor and any sub-contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification – Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith:
a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out C-9
of or in connection with Contractor’s (or its agents’, employees’, sub-contractors’, or invitees’) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.
d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub-contractors.
5.3 Labor and Materials, Performance and Warranty Bonds – Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety – Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal C-10
Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the r ight to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.
5.5 Substitution of Securities – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
6. RECORDS AND REPORTS
6.1 Reports – Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records – Contractor shall keep, and require sub-contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
6.3 Ownership of Documents – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.
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Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law – This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes – In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
7.3 Retention of Funds – Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.
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7.4 Waiver – No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative – Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action – In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages – Since actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 on page D-10 of the Standard Specifications and the Provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination for Default of Contractor – If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees – If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's C-13
fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION
8.1 Non-liability of City Officers and Employees – No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest – The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination – Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, California 91706
Attention: Sam Gutierrez
To Contractor: ____________________________
____________________________
____________________________
____________________________
9.2 Interpretation – The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason C-14
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment – It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Hiring of Undocumented Workers Prohibited – Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.
9.6 Unfair Business Practices Claims – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub-contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)
9.7 Corporate Authority – The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
9.8 Legal Responsibilities – The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply C-15
with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.
9.9 Termination for Convenience – The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement.
9.10 CARB Requirements – Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/ refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its o!cials, o!cers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. ��������������������������������������������������������������������������������������������� ���������������������������������������������������������������������������������������� ���������������������������������������������������������������������������������������������������� ���������������������������������������
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Upon execution of this contract and at any time upon request by the Contract Officer, the Contractor shall provide their Unique Entity Identifier (UEI) number assigned by SAM.gov.
• Any additional information or documentation reasonably requested by the Contract Officer to verify compliance with federal requirements.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
The Contractor agrees to provide the Contract Officer with confirmation of their active status and certification that they are not currently suspended or debarred from doing business with the federal government. This includes:
Failure to maintain an active SAM.gov registration or to provide the UEI number as required may result in the suspension of contract payments, termination of the contract for default, or other remedies as deemed appropriate by the Contract Officer.
• Access to the Contractor's SAM.gov profile or other relevant documentation verifying active registration and the absence of suspension or debarment.
������������������������������������������������������������������������������������������������������� ������������������������������������������������������������������������������������������� ������������������������������������������������������������������������������������������������ ��������������������������������������������������������������
STAFF REPORT
ITEM NO. _____7_____
TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: October 2, 2024
SUBJECT: Purchase of Additional Gym Equipment for the Police Gym Facility
SUMMARY
This item will approve the purchase of additional gym equipment with E.T.E. Fitness Equipment for the Baldwin Park Police Department gym facility as part of the Officer Wellness and Mental Health project. Previously, on May 15, 2024, the Baldwin Park Police Department entered into a service agreement to purchase and install gym equipment and a one-year maintenance and warranty with E.T.E. The gym upgrades are intended to promote the physical and mental well-being of police department staff.
RECOMMENDATION
It is recommended that the City Council
1. Approve the purchase of Fitness Equipment for $5,699.15 using the Police Grant Fund #271; and
2. Authorize the Director of Finance to appropriate funds from Fund #271 and make necessary budget adjustments/transfers within the same fund.
FISCAL IMPACT
There is no impact on the General Fund. The total contract amount is $5,699.15. Funds for this contract are available from the remaining $5,743.26 awarded to the Police Department through the state's Officer Wellness and Mental Health Grant Program and will be charged to account #271-30-310-58110-17220.
BACKGROUND
In 2022, the State of California established the Officer Wellness and Mental Health Grant Program to fund law enforcement agencies to improve their officers' physical, mental, and emotional health. The grant program, administered by the Board of State and Community Corrections (BSCC), awarded funding to agencies based on the number of full-time sworn personnel employed. According to the Officer Wellness and Mental Health Grant Program Funding Distribution Schedule, the Baldwin Park Police Department was awarded $40,720.79.
The grant funds are intended to establish or expand officer wellness programs, peer support, and mental health services. Funding may be used for various purposes, including gym equipment and facility upgrades designed to improve officer wellness. The grant performance period runs from July 1, 2022, through December 1, 2025.
On May 15, 2024, the City Council approved upgrading and enhancing the department's gym facility and awarded the contract to E.T.E. Fitness Equipment. After completing this project, $5,743.26 remained in the Officer Wellness and Mental Health Grant Program fund. This purchase will allow the Police Department to have additional equipment while maximizing the value of the awarded funds.
ALTERNATIVES
1. The City Council may choose not to authorize the purchase of the additional fitness equipment.
2. Provide staff with alternate direction.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. E.T.E Fitness Equipment Quote
STAFF REPORT
ITEM NO. _____8_____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development
Michelle Bravo, Housing Programs Coordinator
DATE: October 2, 2024
SUBJECT: Approval of Contract with A -1 Concrete & Construction Inc. for the McNeill Manor Senior Housing roof replacement and appropriate funds for the relocation of seven Public Housing tenants.
SUMMARY
The purpose of this staff report is for City Council to consider the approval of contract with A -1 Concrete & Construction Inc. for roof replacement and to appropriate funds to relocate seven Public Housing tenants.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize Director of Community Development to Execute the Contract with A-1 Concrete & Construction Inc.; and
2. Authorize the Director of Finance to appropriate available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to pay as we go for part of tenant relocation assistance with an estimated cost of $94,000 for the relocation costs; and $165,000 (includes 10% contingency) to replace the McNeill Manor Senior Housing roof while the Housing Authority (HA) is processing an application for the HUDs Emergency/Disaster Grant and awaiting for insurance assessment; and to make necessary budget adjustments and create new account numbers.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time. The roof replacement, and relocation of 7 public housing tenants is expected to cost $259,000. Staff is requesting to use available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to address the urgent need to replace the original roof and relocate the tenants to complete repairs within the affected units due to water damage while the Housing Authority (HA) is processing an application for the HU Ds Emergency/Disaster Grant and awaiting for insurance assessment.
BACKGROUND/DISCUSSION
In July of 2024, staff was made aware of mold concerns in one of the Public Housing units due to prior water damage. Upon verification, staff conducted inspections of all 12 Public Housing units to identify any potential issues within the units. The inspection results identified 7 units where mold was present. One unit was remediated as quickly as possible, with reconstruction work nearly completed, enabling the tenant to return in short order.
Mold remediation and replace the roof that is more than 30 year s old to remedy the situation. The necessary actions will require the relocation of 7 Public Housing tenants due to the health and safety of the tenants. Staff is
actively in communication with HUD and their Relocation Specialist, to aid in relocating tenants utilizing Housing Choice Voucher’s that will allow the tenants to seek an alternative unit for occupancy as well as provide relocation counseling.
In addition, HUD requires that displaced tenants be assisted with relocation/displacement assistance to cover moving, storage and hotel costs including per diem as needed.
Moreover, staff is working with HUDs Emergency/Disaster Grant office to apply within the next two weeks to receive emergency/disaster grant assistance. HUD has advised staff that upon approval of the application, funding would be made available within 30-45 days. From that point funds can be used to cover any remaining expenses related to the relocation and repairs. Mold remediation and repairs to the affected units would begin upon receipt of the emergency grant funds and City Council approval of the selec ted contractor. Staff contacted four contractors and only secured 1 bid to complete the roof replacement. See below.
A-1 Concrete & Construction Inc. previously completed the emergency repair of McNeill Senior Center Soffit as well as repairs to the Senior Center patio.
Staff has simultaneously submitted a claim to the City’s property insurance carrier PRISM through our insurance administrator Alliant Insurance Services; an assessment is currently being conducted for determination of coverage.
ALTERNATIVES
The City Council may decide to direct staff to seek additional bids for roof replacement.
LEGAL REVIEW
None Required.
ATTACHMENTS
1. None