CITY COUNCIL
SPECIAL MEETING
Agenda
December 04, 2024, 5:00 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 during City Council Meetings to [email protected]
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: Matthew Rodriguez v. Baldwin Park et al. Case No. 2:22-cv-01069-FLA-MAR United States District Court, Central Districts of California B. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384-CAS-PVC Consulting and David Ju
C Case: Rukli, Inc vs City of Baldwin Park
Los Angeles Superior Court Case No. 22STCV28634
2. Conference with Real Property Negotiators
Pursuant to California Government Code, Section 54956.8 A. Property: Susan Rubio Zocalo Park Retail Space
Agency negotiator: Enrique C. Zaldivar, CEO;
Ron Garcia, Director of Community Development
Negotiating parities: Jerry Briseno, La Cocinita
Negotiating parties: Alfonso Romero, La Cosecha Mexican Bistro Under Negotiation: Price and Terms of Payment
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. Dated this 27th day of November 2024.
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
December 04, 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 during City Council Meetings to [email protected]
Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a
private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Presentation – Retirement Recognition for Years of Service presented to Laura Aguilera, Housing Specialist
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 November 20, 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 November 20, 2024.
3. Claim Rejection
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Hector DeLoera The claimant alleges property damage and bodily injury.
This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.
4. Approval of Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive Proposition A Incentive Funds for Reporting Data to National Transit Database (NTD) for City Transit Services for Report Year 2021-2022.
It is recommended that the City Council :
1. Approve the attached Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) and authorize the Mayor to execute said agreement; and
2. Authorize the Director of Finance to accept the Proposition A Incentive Funds and make necessary budget adjustments related to this MOU.
5. Grant Reimbursement Report for First Quarter(1Q) Fiscal Year (FY) 24-25 (July to September) for Department of Recreation and Community Services
It is recommended that the City Council receive and file this report.
6. Approve Amendment No. 5 to Funding Agreement No. F9620 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the First/Last Mile Connections Project for the Baldwin Park Transit Center.
It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 5 to the FA with the LACMTA.
7. Authorization to Award Contract to and Approve a Professional Services Agreement with SVA Architects, Inc. for the Teri G. Muse Family Service Center Conceptual Plans It is recommended that the City Council:
1. Authorize the Award of Agreement to SVA Architects, Inc. for the Teri G. Muse Family Service Center Conceptual Plans; and
2. Authorize the Mayor to execute Agreement and any other associated documents needed for the project; and
3. Authorize the Director of Finance to re -appropriate ARPA Funds and make necessary adjustments to the budget.
8. Approval of Purchase of Additional APX 8000 Radios from Motorola Solutions for Command Post Operations
It is recommended that the City Council
1. Approve the sole source purchase of six (6) Motorola Solutions APX 8000 radios; and
2. Authorize the Chief of Police or his designee to execute the purchase agreement with Motorola Solutions for an amount not to exceed $66,979.43; and
3. Authorize the Director of Finance to appropriate $63,900 from the SHSP grant funds (Fund #271) and transfer the remaining required funding of $3,079.43 from the Police Department’s Account #100-30-340-53100-00000, with the understanding that the City will be reimbursed $63,900 through the FY 2021 SHSP; and make the necessary budget adjustments and set up any new account numbers required.
9. Purchase and Sale Agreement with Nicholas Edward Escujuri Family Trust dated May 24, 2023, for the Purchase of 1837 Puente Avenue (APN 8558-002-036) It is recommended that the City Council to:
1. Approve the Purchase and Sale Agreement with the Edward Escujuri Family Trust dated May 24, 2023, authorizing the purchase of the property located at 1837 Puente Avenue (APN 8558- 002-036) for a purchase price not to exceed $2,300,000 plus estimated closing costs and fees in the amount of $55,000; and
2. Find that the approval of the Purchase and Sale Agreement to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) State Guidelines §§ 15004(b)(4), 15061(b)(3), and 15378(b); and
3. Authorize the Chief Executive Officer (CEO) to execute the Purchase and Sale Agreement and take all related actions necessary to complete the acquisition of the Property; and
4. Authorize the Finance Director to appropriate funds to complete the transaction according to the Agreement and make necessary changes to the budget and set up account numbers needed to record the transactions.
10. Delegate Authority for Award of Informa l Contract for New Surveillanc e System for Susan Rubio Zocalo Park
It is recommended that the City Council:
1. Delegate authority to the Director of Recreation & Community Services to award an informal contract for a new surveillance system at Susan Rubio Zocalo Park pursuant to section 22034, subd. (c) of the Public Contract Code, and to execute a contract in connection therewith approved as to form by the City Attorney; and
2. Authorize the Director of Finance to appropriate Community Enhancement Fund #210 to cover the cost and make necessary amendments to the budget and set up new account numbers accordingly.
11. American Rescue Plan Act (ARPA) Obligation
Staff recommends that the City Council
1. Approve the Interagency Agreements for each department in substantial form to that attached as Attachments 1 through 6; and
2. Authorize the Mayor, and the Chief Executive Officer (CEO) and Department Directors to execute the respective Interagency Agreements, and make necessary non-substantive changes, as may be approved by the City Attorney; and
3. Direct the CEO and Department Directors to refine ARPA projects and programs scopes to ensure compatibility under the eligible use Rules of ARPA; and
4. Authorize the Director of Finance to reappropriate from the remaining available ARPA funds, make necessary budget adjustments, and set up new account numbers needed accordingly.
PUBLIC HEARING
REPORTS OF OFFICERS
12. Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project. Request for Appropriation of Additional Construction Contingency Funds to Support Project Closeout.
It is recommended that the City Council
1. Accept the construction improvements by PCN3, inc. of Los Alamitos, CA and authorize the recordation of a Notice of Completion for City Project No. CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza;
2. Authorize the releasee of retention funds in the amount of up to $550,000 to PCN3, Inc upon the expiration of the 35-day notice period; and
3. Authorize the Director of Finance to appropriate $250,000 from SB1Fund #256 to Account #256-50-520-58100-55022 and $350,000 from Measure W Fund #258 to Account #258 -50- 520-58100-55022 and to make the necessary budget adjustments.
4. Authorize the Director of Finance to reappropriate the original approved allocations by increasing funding in the amount of $1,000,000 from Measure W Fund #258 to Account #258-
50-520-58100-55022, and decreasing funding in the amount of $1,000,000 from Future Development Fund #200 to Account #200 -50-520-58100-55022, in order to free up funds in the Future Development Fund; and to reclassify charges related to these two funds and make the necessary budget adjustments.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION
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. Dated this 27th day of November 2024.
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: December 4, 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 $594,770.26 and the attached General Warrants Register was $1,388,832.04 for a total amount of $1,983,602.30.
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 m eeting and the following is a summary of the payment released:
1.The last payroll of the City of Baldwin Park consists of check numbers 202689 to 202707 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 50924 to 51209 for the period October 27, 2024 , through November 9, 2024 inclusive; these are presented and hereby ratified in the amount of $594,770.26.
2.General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $324,269.19 and checks from 248777 to 248935 in the amount of $1,064,562.85 for the period of November 7, 2024 to November 21, 2024, inclusive; in the total amount of $1,388,832.04 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENTS
1. Check Register
Amount
Check Register
City of Baldwin Park, CA By (None)
Payment Dates 11/7/2024 - 11/21/2024
Payment Number Payment Date Vendor Name Description (Item) Account Number 1079 11/08/2024 P.T.E.A. PTEA DUES 100-00-000-21220-00000 312.50$ 1079 11/08/2024 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 125.00$ 1079 11/08/2024 P.T.E.A. PTEA DUES 100-00-000-21220-00000 312.50$ 1079 11/08/2024 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 125.00$ 1080 11/08/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP LEGAL NOTICE FOR CIP24-001-55027 -8/16-8/23/2024 275-60-706-58100-55027 2,115.78$ 1080 11/08/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP LEGAL NOTICE FOR CIP22-038-55018- 9/11-9/20/2024 275-50-765-58100-55018 2,107.33$ 1081 11/15/2024 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 6,107.95$ 1081 11/15/2024 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 1,250.00$ 1081 11/15/2024 BALDWIN PARK POA POLICE NON-SWORN DUES 100-00-000-21219-00000 1,421.01$ 1081 11/15/2024 BALDWIN PARK POA POLICE NON-SWORN DUES 100-00-000-21219-00000 55.55$ 248777 11/07/2024 AFLAC AFLAC 100-00-000-21216-00000 656.20$ 248777 11/07/2024 AFLAC AFLAC 100-00-000-21216-00000 137.45$ 248777 11/07/2024 AFLAC AFLAC 100-00-000-21216-00000 656.10$ 248777 11/07/2024 AFLAC AFLAC 100-00-000-21216-00000 137.45$ 248778 11/07/2024 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 51.80$ 248778 11/07/2024 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 51.81$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 31.12$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 74.76$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 985.75$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 2,835.26$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 985.75$ 248779 11/07/2024 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 2,835.28$ 248780 11/07/2024 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 10.00$ 248781 11/07/2024 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 10.00$ 248782 11/07/2024 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 864.00$ 248782 11/07/2024 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 864.00$ 248783 11/07/2024 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 46.00$ 248783 11/07/2024 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 46.00$ 248784 11/07/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 14.74$ 248784 11/07/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 185.78$ 248784 11/07/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 73.72$ 248784 11/07/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 185.71$ 248784 11/07/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 73.72$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 (39.50)$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 (193.54)$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 195.52$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 3,394.29$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 502.25$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 3,743.85$ 248785 11/07/2024 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 79.00$ 248785 11/07/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 502.25$ 248786 11/07/2024 PRE-PAID LEGAL SERVICES, INC. PRE-PAID LEGAL SERVICES 100-00-000-21230-00000 64.28$ 248786 11/07/2024 PRE-PAID LEGAL SERVICES, INC. PRE-PAID LEGAL SERVICES 100-00-000-21230-00000 64.27$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 (8.10)$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 (36.24)$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 53.94$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 974.85$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 1,063.53$ 248787 11/07/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 29.64$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 (8.24)$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 540.58$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 601.52$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 (8.24)$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 (16.50)$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 115.50$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 49.50$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 24.75$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 588.07$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 639.69$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 49.50$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 24.75$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 16.48$ 248788 11/07/2024 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY NOV 2024 PREMIUM-BASIC LIFE;AD&D;STD;LTD INSURANCE 403-10-160-54130-00000 6,032.20$ 248789 11/07/2024 ACTION DESIGNZ LLC HATS FOR SPECIAL EVENTS STAFF 501-60-000-22328-00000 970.20$ 248790 11/07/2024 APRIL M. ROJO REMAINING BALANCE OF TOYS PURCHASED-THE POSADA 100-60-610-53100-16078 2.03$ 248791 11/07/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL SRVC-CITY HALL-10/23/2024 100-60-620-53371-00000 551.66$ 248792 11/07/2024 BALDWIN PARK FLOWERS & GIFTS BOUQUET FOR PRESENTATION OF PROM KING AND QUEEN 501-60-000-22327-00000 44.10$ 248792 11/07/2024 BALDWIN PARK FLOWERS & GIFTS FLOWERS FOR VETERANS DAY 100-60-610-53100-16149 43.54$ 248793 11/07/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CM AVILA 100-10-100-53330-11009 18.00$ 248793 11/07/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 18.00$ 248793 11/07/2024 BMO BANK N.A. E-TEAM LUNCH MEETING 100-10-110-53350-00000 145.61$ 248793 11/07/2024 BMO BANK N.A. CITY ANNUAL MEMBERSHIP DUES FOR BP BUSINESS ASSO. 100-25-299-53330-00000 50.00$ 248794 11/07/2024 CAL LAND ENGINEERING AND ASSOCIATES, INC. LAND SURVEYING SERVICES FOR ZOCALO PARK-CIP22-044 270-50-520-58100-55022 5,000.00$ 248795 11/07/2024 DAVID FIERRO BASKETBALL OFFICIALS YOUTH SPORTS-10/09-11/20/2024 100-60-610-51101-16120 1,470.00$ 248796 11/07/2024 EZEQUIEL CONTRERAS TAE KWON DO INSTRUCTOR-10/7-10/31/2024 501-60-000-22328-00000 1,114.75$ 248797 11/07/2024 FRONTIER COMMUNICATIONS ACT#118215-INTERNET-ESPERANZA-10/19-11/18/2024 100-60-620-53403-55003 134.48$ 248798 11/07/2024 FRONTIER COMMUNICATIONS INTERNET-ACT#923225-S. 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HOMES-LAHSA 270-60-691-53370-66024 61,204.98$ 248811 11/07/2024 LA CANADA DESIGN GROUP INC MAR 2024-CONSTRUCTION ADMIN SRVC-ZOCALO PARK 200-50-520-58100-55022 15,139.57$ 248812 11/07/2024 LILIANA RUBIO HOTEL STAY-TRAINING-10/21-10/24/2024 100-30-310-53200-00000 680.07$ 248813 11/07/2024 LOLITA ARIOLA IGNACIO REIMBURSEMENT FOR ARPA SENIOR TRIPS AND EVENTS 275-60-726-53370-16074 63.00$ 248814 11/07/2024 LORRAINE MENDEZ SEP 2024-PREPARATION AND SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 5,433.75$ 248814 11/07/2024 LORRAINE MENDEZ SEP 2024-PREPARATION AND SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 135.00$ 248815 11/07/2024 LUIS FREGOSO MARIACHI CLASSES-10/7-11/4/2024 501-60-000-22328-00000 236.25$ 248816 11/07/2024 MARVIN GOMEZ ARPA REIM-REGIST-BASIC-9/9-10/4/2024 275-60-734-53370-16077 260.00$ 248814 11/07/2024 LORRAINE MENDEZ OCT 2024-PREPARATION&SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 3,037.50$ 248814 11/07/2024 LORRAINE MENDEZ OCT 2024-PREPARATION&SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 270.00$ 248816 11/07/2024 MARVIN GOMEZ ARPA REIM-REGIST-SUMMER CAMP-8/15-8/16/2024 275-60-734-53370-16077 26.00$ 248816 11/07/2024 MARVIN GOMEZ ARPA REIM-REGIST-SUMMER CAMP-8/26-9/6/2024 275-60-734-53370-16077 117.00$ 248817 11/07/2024 MIDWEST MOTOR SUPPLY ULTRA PAINT FOR GRAFFITI ABATEMENT PROGRAM 245-50-570-53100-14885 1,350.50$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248818 11/07/2024 MONICA MARTINEZ REIMBURSEMENT FOR JULIA MCNIEL 10/14/23 501-60-000-22333-00000 300.00$ 248819 11/07/2024 QUADIENT LEASING USA INC LEASE MAINTENANCE-POSTAGE MACHINE 8/29-11/28/24 401-10-141-58140-11503 2,159.82$ 248820 11/07/2024 SOUTHERN CALIFORNIA EDISON ELEC-SPRINKLERS-14403 PACIFIC 9/6-10/24/24 251-50-560-53401-00000 876.86$ 248820 11/07/2024 SOUTHERN CALIFORNIA EDISON ELEC-ZOCALO-14349 PACIFIC 9/23-10/21/24 252-60-620-53401-00000 774.05$ 248821 11/07/2024 SOUTHERN CALIFORNIA GAS CO GAS-36006-CITY BLDG-14305 MORGAN 9/25-10/25/24 100-60-620-53400-00000 47.23$ 248821 11/07/2024 SOUTHERN CALIFORNIA GAS CO GAS-MULTI-CITY BUILDINGS 9/27-10/29/24 100-60-620-53400-00000 999.84$ 248821 11/07/2024 SOUTHERN CALIFORNIA GAS CO GAS-MULTI-CITY PARKS-9/25-10/25/24 252-60-620-53400-00000 1,903.06$ 248822 11/07/2024 VALLEY COUNTY WATER DIST WATER-MULTI-SPRINKLERS 9/23-10/22/24 251-50-560-53402-00000 12,337.22$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 89.12$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 402-50-590-53100-13401 275.29$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 89.12$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 162.70$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 402-50-590-53100-13401 112.59$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 89.12$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 292.23$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 89.12$ 248823 11/07/2024 VESTIS GROUP, INC UNIFORMS FOR SEIU EMPLOYEES SEP.2024 240-50-551-53100-13401 413.65$ 248824 11/07/2024 BMO BANK N.A. 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SECTRAN SERVICE JUN. 2024 CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 464.84$ 248829 11/07/2024 SECTRAN SECURITY INC. SECTRAN SERVICE JUL. 2024 CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 462.98$ 248829 11/07/2024 SECTRAN SECURITY INC. SECTRAN SERVICE AUG. 2024 CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 462.98$ 248830 11/07/2024 SOUTHERN CALIFORNIA EDISON ELEC-SERENITY HOMES-13167 GARVEY 8/20-9/18/24 100-60-620-53401-55003 857.35$ 248830 11/07/2024 SOUTHERN CALIFORNIA EDISON ELEC-SERENITY HOMES-13167 GARVEY 9/19-10/17/24 100-60-620-53401-55003 378.49$ 248831 11/07/2024 SOUTHERN CALIFORNIA GAS CO GAS-69161-S. HOMES-13167 GARVEY 9/26-10/28/24 100-60-620-53400-55003 161.86$ 248832 11/07/2024 SUNSET CREATIVE PRODUCTIONS, LLC ENTERTAINMENT FOR VETERANS DAY CEREMONY 11/11/24 100-60-610-51101-16149 2,300.00$ 248833 11/07/2024 SUSAN SAXE-CLIFFORD,PH.D PSYCH EVALUATION 100-10-150-51101-11122 450.00$ 248834 11/07/2024 TERRA REALTY ADVISORS INC BILLBOARD MATTERS- FY 24/25 100-40-405-51100-00000 1,420.83$ 248835 11/07/2024 T-MOBILE PHONE-60023-BUILDING AND CODE 9/21-10/20/24 100-40-450-53403-00000 325.90$ 248835 11/07/2024 T-MOBILE PHONE-60023-BUILDING AND CODE 9/21-10/20/24 100-40-460-53403-00000 162.95$ 248836 11/07/2024 TUFF KIDZ W. C. INC TUFF KIDZ WRESTLING CLASSES 10/2-10/31/24 501-60-000-22328-00000 1,098.50$ 248837 11/07/2024 VALLEY COUNTY WATER DIST WATER-8010300-E. VILLA-14173 GARVEY 9/23-10/22/24 100-60-620-53402-55003 186.56$ 248838 11/07/2024 VERIZON WIRELESS PHONE-870914792-00017-CITY CLERK 9/22-10/21/24 100-10-120-53403-00000 41.57$ 248839 11/07/2024 VERIZON WIRELESS PHONE-870914792-00016-EXEC SECRETARY 9/22-10/21/24 100-10-110-53403-00000 41.57$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 252-60-620-53100-00000 15.31$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 100-60-620-53100-00000 9.66$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 100-60-620-53100-00000 9.66$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 252-60-620-53100-00000 9.66$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 100-60-620-53100-00000 15.32$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 252-60-620-53100-00000 9.66$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 100-60-620-53100-00000 9.66$ 248840 11/07/2024 VESTIS GROUP, INC UNIFORM SERVICES FOR BUILDING MAINTENANCE STAFF 252-60-620-53100-00000 9.66$ 248841 11/07/2024 VICTORIA LOPEZ REIM DECOR FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 17.62$ 248842 11/07/2024 WILLIAMS SCOTSMAN, INC. CONTAINTER FOR DOWNTOWN STREET MARKET EQUIPMENT 100-60-610-51100-16101 909.11$ 248842 11/07/2024 WILLIAMS SCOTSMAN, INC. CONTAINTER FOR DOWNTOWN STREET MARKET EQUIPMENT 100-60-610-51100-16101 65.83$ 248842 11/07/2024 WILLIAMS SCOTSMAN, INC. CONTAINTER FOR DOWNTOWN STREET MARKET EQUIPMENT 100-60-610-51100-16101 130.72$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248842 11/07/2024 WILLIAMS SCOTSMAN, INC. CREDIT FOR LOSS , DAMAGE CONTAINERS 100-60-610-51100-16101 (286.41)$ 248843 11/07/2024 WINNER PARTY INC. MATERIALS & SUPPLIES FOR COMMUNITY & AQUATICS CTR 100-60-610-53100-00000 58.48$ 248843 11/07/2024 WINNER PARTY INC. MATERIALS & SUPPLIES FOR COMMUNITY & AQUATICS CTR 100-60-610-53100-00000 24.06$ 248844 11/07/2024 PACIFIC PREMIER BANK ESCROW# 20240628-2835-ZUSSER-05RET 9/6-9/30/24 258-00-000-14312-55001 5,701.20$ 248845 11/07/2024 ZUSSER COMPANY, INC. CONSTR. CONTRACT BARNES PARK 05PMT 9/6-9/30/24 258-50-520-58100-55001 108,322.80$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 240-50-550-53100-15705 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 240-50-551-53100-15705 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 240-50-561-53100-00000 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 240-50-570-53100-14885 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 244-50-581-53100-15510 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 245-50-560-53100-00000 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 246-50-540-53100-15005 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 246-50-552-53100-15005 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 251-50-562-53100-00000 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 251-50-571-53100-00000 422.81$ 248846 11/14/2024 ACTION DESIGNZ LLC NAVY HATS FOR ALL PW MAINTENANCE DIVISION 402-50-590-53100-00000 422.80$ 248847 11/14/2024 ACTIVE SAN GABRIEL VALLEY OCT 2024-DEVELOP AND CONDUCT COMMUNITY OUTREACH 270-60-620-58100-56012 6,700.00$ 248848 11/14/2024 ADLERHORST INTERNATIONAL LLC ON-SITE TRAINING RE-CERTIFICATION-11/4-11/6/2024 100-30-310-53200-00000 450.00$ 248849 11/14/2024 ALCO TARGET CO. SWAT TEAM TRAINING TARGETS 100-30-340-53100-13040 242.61$ 248850 11/14/2024 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES-9/29-10/12/2024 275-30-725-51100-13200 16,728.40$ 248850 11/14/2024 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES-10/13-10/26/2024 275-30-725-51100-13200 16,599.72$ 248851 11/14/2024 ALL STATE POLICE EQUIPMENT SUPPLIES FOR DET'S NEW ASSIGNMENT 100-30-340-53100-00000 163.14$ 248851 11/14/2024 ALL STATE POLICE EQUIPMENT SUPPLIES FOR DET'S NEW ASSIGNMENT 100-30-340-53100-00000 96.71$ 248852 11/14/2024 AMERICAN PAPER PLASTIC SERVICES TRASH LINERS FOR PARK LANDSCAPE USE 251-50-571-53100-00000 1,502.43$ 248853 11/14/2024 AT&T OCT 2024-MOBILE DATA COMPUTERS-ACT#082045 100-30-310-53403-00000 1,579.19$ 248854 11/14/2024 BALDWIN PARK FLOWERS & GIFTS FLORAL ARRANGEMENT FOR VETERAN'S DAY CEREMONY 100-60-610-53100-16149 250.00$ 248855 11/14/2024 BILL WRIGHT'S PAINT SPECIALIZED SPRAY PAINTS AND COLORED PAINTS 254-50-570-53100-14885 505.97$ 248856 11/14/2024 BLANCA ORELLANA RENTAL DEPOSIT REFUND-11/2/2024-SENIOR CENTER 501-60-000-22333-00000 500.00$ 248857 11/14/2024 BMO BANK N.A. CUSTOM FRAME FOR NEW JOURNEY CELEBRATION 100-10-100-53100-00000 267.91$ 248857 11/14/2024 BMO BANK N.A. CUSTOM FRAME FOR NEW JOURNEY CELEBRATION 100-10-100-53100-00000 224.91$ 248857 11/14/2024 BMO BANK N.A. COFFEE FOR THE EXECUTIVE TEAM MEETING 100-60-610-53100-00000 44.00$ 248857 11/14/2024 BMO BANK N.A. PICTURE FRAME FOR COMMUNITY CENTER 100-60-610-53100-00000 42.04$ 248857 11/14/2024 BMO BANK N.A. DROPBOX SUBSCRIPTION-BP NOW LIVE-RENEWS 11/1/24 100-60-610-53330-00000 11.99$ 248857 11/14/2024 BMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION-RENEWS 11/16/24 100-60-610-53330-00000 26.00$ 248857 11/14/2024 BMO BANK N.A. HOTEL STAY-PARTICIPANTS-BOXING TOURN.-9/30-10/5/24 100-60-610-53350-16130 2,627.73$ 248857 11/14/2024 BMO BANK N.A. BAGELS FOR THE SENIOR CENTER 100-60-630-53100-00000 42.16$ 248857 11/14/2024 BMO BANK N.A. COFFEE FOR THE SENIOR CENTER 100-60-630-53100-00000 44.00$ 248857 11/14/2024 BMO BANK N.A. NETFLIX FEE FOR THE SENIOR CENTER-10/7-11/6/2024 100-60-630-53330-00000 3.87$ 248857 11/14/2024 BMO BANK N.A. NETFLIX FEE FOR THE TEEN CENTER-10/7-11/6/2024 100-60-660-53330-00000 11.86$ 248857 11/14/2024 BMO BANK N.A. NETFLIX FEE FOR BARNES PARK-10/7-11/6/2024 100-60-670-53330-15100 3.87$ 248857 11/14/2024 BMO BANK N.A. NETFLIX FEE FOR THE ARC-10/7-11/6/2024 100-60-680-53330-00000 3.88$ 248857 11/14/2024 BMO BANK N.A. SCOREBOOKS FOR YOUTH BASKETBALL 501-60-000-22326-00000 29.73$ 248857 11/14/2024 BMO BANK N.A. USA TRACK & FIELD REGIS.-THE PRIDE OF VALLEY 5K 501-60-000-22328-16146 319.58$ 248858 11/14/2024 BMO BANK N.A. HOTEL STAY-10/2-10/7/2024-POLICE DEPT. 100-30-310-53370-00000 933.60$ 248858 11/14/2024 BMO BANK N.A. MONITOR STAND FOR PW 240-50-510-53100-00000 189.63$ 248858 11/14/2024 BMO BANK N.A. APPLE STUDIO DISPLAY FOR PW 240-50-510-53100-00000 1,879.24$ 248858 11/14/2024 BMO BANK N.A. FILTER FOR YARD 402-50-590-53100-00000 268.88$ 248858 11/14/2024 BMO BANK N.A. HOTEL STAY FOR DOMESTIC VIOLENCE-10/11-10/14/2024 501-30-000-21415-17517 438.87$ 248859 11/14/2024 BMO BANK N.A. MAINTENANCE WORKER I INTERVIEW SNACKS 100-10-150-51101-11124 16.38$ 248859 11/14/2024 BMO BANK N.A. POLICE SERGEANT INTERVIEWS SNACKS 100-10-150-51101-11124 9.37$ 248859 11/14/2024 BMO BANK N.A. CONSTRUCTION CLERK INTERVIEWS (9/25)-PASTRIES 100-10-150-51101-11124 14.28$ 248859 11/14/2024 BMO BANK N.A. POLICE SERGEANT TESTING SHIPMENT 100-10-150-51101-11124 65.95$ 248859 11/14/2024 BMO BANK N.A. IT MANAGER INTERVIEW 100-10-150-51101-11124 25.00$ 248859 11/14/2024 BMO BANK N.A. DIRECTOR OF PUBLIC WORKS JOB ADVERTISEMENT 100-10-150-51101-11124 125.00$ 248859 11/14/2024 BMO BANK N.A. RAFFLE & MEAL TICKETS FOR HEALTH FAIR 100-10-150-53100-00000 19.23$ 248859 11/14/2024 BMO BANK N.A. 4 DRAWER MEDIUM TOWER 100-10-150-53100-00000 62.90$ 248859 11/14/2024 BMO BANK N.A. EMPLOYEE HALLOWEEN LUNCHEON DECOR 100-10-150-53370-11123 27.62$ 248859 11/14/2024 BMO BANK N.A. HALLOWEEN LUNCHEON DECOR 100-10-150-53370-11123 98.80$ 248859 11/14/2024 BMO BANK N.A. HEALTH FAIR PRIZES 100-10-150-53370-11123 209.44$ 248859 11/14/2024 BMO BANK N.A. HEALTH FAIR GIVEAWAY HAND SANITIZER 100-10-150-53370-11123 107.76$ 248859 11/14/2024 BMO BANK N.A. CAMERA CASE AND MEMORY CARD 403-10-160-53390-00000 323.64$ 248859 11/14/2024 BMO BANK N.A. 2 DESK HEATERS 403-10-160-53390-00000 130.82$ 248860 11/14/2024 BOWMAN INFRASTRUCTURE ENGINEERS LTD JUL 2024-DESIGN FOR BIG DALTON TRAIL POCKET 270-50-520-58100-55008 763.75$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248860 11/14/2024 BOWMAN INFRASTRUCTURE ENGINEERS LTD JUL 2024-PS&E FOR SAN GABRIEL RIVER 245-50-520-58100-15093 3,859.40$ 248861 11/14/2024 BPC PRINT SERVICES INC ENVELOPES FOR HOUSING 401-10-141-53320-11502 658.17$ 248862 11/14/2024 CAL BLEND SOILS INC BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 1,044.07$ 248863 11/14/2024 CALIFORNIA CONSULTING, INC. SEP 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 4,500.00$ 248863 11/14/2024 CALIFORNIA CONSULTING, INC. OCT 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 4,500.00$ 248864 11/14/2024 CARLOS VALLE OCT 2024-JANITORIAL SRVC FOR CITY FACILITIES 100-60-620-53371-00000 5,638.00$ 248864 11/14/2024 CARLOS VALLE OCT 2024-JANITORIAL SRVC FOR CITY FACILITIES 245-60-620-53371-15882 1,300.00$ 248864 11/14/2024 CARLOS VALLE OCT 2024-JANITORIAL SRVC FOR CITY FACILITIES 252-60-620-53371-00000 6,685.30$ 248865 11/14/2024 CDCE INC LAPTOP COMPUTER FOR DUI CHECKPOINTS 100-30-350-53390-00000 1,090.09$ 248865 11/14/2024 CDCE INC LAPTOP COMPUTER FOR DUI CHECKPOINTS: 271-30-350-53390-17224 3,000.00$ 248866 11/14/2024 CHICAS GRAPHICS AND DESIGN MAP TREE ZONE 251-50-561-53100-00000 66.15$ 248866 11/14/2024 CHICAS GRAPHICS AND DESIGN COLOR BANNER FOR THE KIDS CLUB PROGRAM 100-60-610-53100-00000 66.15$ 248866 11/14/2024 CHICAS GRAPHICS AND DESIGN YOUTH SPORTS STARS BASKETBALL TROPHIES 501-60-000-22326-00000 370.44$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID&SAFETY-CITY HALL 403-10-160-51101-00000 88.53$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR REC DEPT. 100-60-610-53100-00000 177.40$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR REC DEPT. 100-60-630-53100-00000 177.39$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR REC DEPT. 100-60-640-53100-00000 177.40$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR REC DEPT. 100-60-660-53100-00000 177.40$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR REC DEPT. 100-60-680-53100-00000 177.40$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY SUPPLIED THE FIRST AID KIT IN CITY YARD&MECHANIC 254-50-550-53100-15705 154.75$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY SUPPLIED THE FIRST AID KIT IN CITY YARD&MECHANIC 402-50-590-53100-00000 154.75$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY ZOLL PLUS AUTO AGREEMENT 403-10-160-51101-11350 304.29$ 248867 11/14/2024 CINTAS FIRST AID & SAFETY ZOLL PLUS AUTO AGREEMENT 403-10-160-51101-11350 101.43$ 248868 11/14/2024 CLARISSA I. ZAMORA OCT 2024-INSTRUCTOR-BALLET FOLKLORICO 501-60-000-22328-00000 1,656.00$ 248869 11/14/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-10/2-10/4/2024 100-10-150-51101-11122 238.00$ 248869 11/14/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-10/11/2024 100-10-150-51101-11122 18.00$ 248869 11/14/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-10/23-10/29/2024 100-10-150-51101-11122 312.00$ 248870 11/14/2024 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE & CONTROL. SEP 2024-ANIMAL CONTROL SERVICES 275-30-712-51100-13250 107,438.07$ 248871 11/14/2024 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS INC DESIGN SERVICES FOR NEW ANA MONTENEGRO PARK 270-60-620-58100-56012 15,245.00$ 248871 11/14/2024 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS INC DESIGN SERVICES FOR NEW ANA MONTENEGRO 270-60-620-58100-56012 22,166.95$ 248872 11/14/2024 DULCE M. CRUZ LUNCH FOR HEATLH&WELLNESS FAIR 2024 100-10-150-53370-11123 1,675.20$ 248873 11/14/2024 DULCE M. CRUZ CATERING SRVC FOR VETERANS DAY-11/11/2024 100-60-610-51101-16149 1,698.95$ 248874 11/14/2024 EAGLE PORTABLES INC PORTABLE RESTROOM RENTAL-CM NEW JOURNEY CELEB. 100-10-100-53100-00000 647.56$ 248875 11/14/2024 EDWIN CARL SMITH CITY TILE PLAQUE 100-10-100-53320-00000 54.70$ 248875 11/14/2024 EDWIN CARL SMITH CITY TILE PLAQUE 100-10-100-53320-00000 36.47$ 248876 11/14/2024 EHS INTERNATIONAL, INC. DEFENSIVE DRIVER TRAINING FOR PW STAFFS-10/2/2024 254-50-560-53200-00000 500.00$ 248876 11/14/2024 EHS INTERNATIONAL, INC. DEFENSIVE DRIVER TRAINING FOR PW STAFFS-10/2/2024 254-50-581-53200-00000 500.00$ 248876 11/14/2024 EHS INTERNATIONAL, INC. DEFENSIVE DRIVER TRAINING FOR PW STAFFS-10/2/2024 255-50-562-53200-00000 480.00$ 248876 11/14/2024 EHS INTERNATIONAL, INC. DEFENSIVE DRIVER TRAINING FOR PW STAFFS-10/2/2024 255-50-571-53200-00000 500.00$ 248877 11/14/2024 EMERALD ISLE ENTERTAINMENT INC. ICE RINK FOR HOLIDAY PARADE&WINTER FEST 12/7/24 210-60-610-51101-16148 12,595.00$ 248878 11/14/2024 ENMANUEL VERA RENTAL DEPOSIT REFUND-11/2/2024-SENIOR CENTER 501-60-000-22333-00000 300.00$ 248879 11/14/2024 ENTERPRISE FM TRUST NOV 2024-FLEET LEASING PROGRAM 231-50-590-58140-15727 11,364.84$ 248879 11/14/2024 ENTERPRISE FM TRUST NOV 2024-FLEET LEASING PROGRAM 246-50-590-58140-15727 4,102.62$ 248879 11/14/2024 ENTERPRISE FM TRUST NOV 2024-FLEET LEASING PROGRAM 275-30-765-58140-53001 10,091.71$ 248879 11/14/2024 ENTERPRISE FM TRUST NOV 2024-FLEET LEASING PROGRAM 402-50-591-58140-15727 2,371.90$ 248882 11/14/2024 FRONTIER COMMUNICATIONS ACT#0317985-PD PHONE-10/28-11/27/2024 100-30-340-53403-00000 170.10$ 248883 11/14/2024 FUN EXPRESS, LLC SUPPLIES FOR VETERAN'S DAY CEREMONY 100-60-610-53100-16149 134.14$ 248879 11/14/2024 ENTERPRISE FM TRUST CODE ENHANCEMENT VEHICLE-2020 FORD F-15 220-40-460-58140-14715 457.14$ 248880 11/14/2024 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50-562-53100-00000 995.23$ 248881 11/14/2024 FRONTIER COMMUNICATIONS ACT#0421945-CITY PHONE-10/28-11/27/2024 401-10-141-53403-11506 1,627.25$ 248884 11/14/2024 GRAND PRINTING BUSINESS CARDS FOR PD PERSONNEL 100-30-330-53320-00000 324.14$ 248885 11/14/2024 GUARDIAN ALLIANCE TECHNOLOGIES, INC. ONLINE SCREENING FOR PD APPLICANTS 100-30-310-51100-00000 404.00$ 248886 11/14/2024 HELEN HERNANDEZ MATETIALS&SUPPLIES FOR ARC 100-60-680-53100-00000 53.84$ 248886 11/14/2024 HELEN HERNANDEZ MATETIALS&SUPPLIES FOR ZOCALO PARK 110-60-685-53100-00000 396.42$ 248887 11/14/2024 INTERACTIVE DATA, LLC ONLINE SEARCH SITE FOR DB CASES 100-30-360-51100-00000 77.00$ 248888 11/14/2024 INTERMEX INC SENIOR TRIP-TRANSPORT TO PLACITA OLVERA-9/19/2024 275-60-726-51101-16074 1,600.00$ 248888 11/14/2024 INTERMEX INC DEPOSIT-TRANSPORT TO OLD WORLD VILLAGE-10/30/2024 275-60-726-51101-16074 325.00$ 248888 11/14/2024 INTERMEX INC REMAINING BALANCE-TRANSPORT TO OLD WORLD-10/30/24 275-60-726-51101-16074 975.00$ 248888 11/14/2024 INTERMEX INC REMAINING BALANCE-TRANSPORT TO CABAZON-10/17/2024 275-60-726-51101-16074 1,350.00$ 248888 11/14/2024 INTERMEX INC BUS TRANSPORATION TO SOBOBA-1/9/2025-SENIOR TRIP 501-60-000-22327-00000 1,600.00$ 248888 11/14/2024 INTERMEX INC DEPOSIT-TRANSPORT TO PANTAGES THREATRE-2/2/2025 275-60-726-51101-16074 375.00$ 248889 11/14/2024 INTERSTATE BATTERIES BATTERIES FOR CITY VEHICLES AND OTHER BATTERY 402-50-590-53100-00000 75.76$ 248889 11/14/2024 INTERSTATE BATTERIES BATTERIES FOR POLICE VEHICLES AND OTHER BATTERY 402-50-591-53100-00000 75.76$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248890 11/14/2024 J & S STRIPING CO INC RE-STRIPE LINE MARKINGS AND RAISED PAVEMENT 245-50-550-51100-15705 23,144.00$ 248891 11/14/2024 JIMMY WONG MATERIALS&SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 622.69$ 248891 11/14/2024 JIMMY WONG MATERIALS&SUPPLIES FOR ZOCALO PARK 110-60-685-53100-00000 87.90$ 248892 11/14/2024 JOHN L HUNTER & ASSOCIATES INC JUL 2024-CONSULTANT SERVICES FOR THE CITY'S NPDES 258-50-510-51100-15400 1,253.59$ 248892 11/14/2024 JOHN L HUNTER & ASSOCIATES INC AUG 2024-CONSULTANT SERVICES FOR THE CITY'S NPDES 258-50-510-51100-15400 1,152.50$ 248893 11/14/2024 KEYSTONE UNIFORMS REMAINING BALANCE-UNIFORM FOR OFFICER PULIDO 100-30-340-53100-00000 157.66$ 248893 11/14/2024 KEYSTONE UNIFORMS CHEVRON PATCHES 100-30-340-53100-00000 327.99$ 248893 11/14/2024 KEYSTONE UNIFORMS UNIFORM FOR NEW DISPATCHER CUEVAS 100-30-340-53100-00000 581.13$ 248893 11/14/2024 KEYSTONE UNIFORMS UNIFORM FOR NEW OFFICERS MUNNERLYN 100-30-340-53100-00000 1,625.97$ 248893 11/14/2024 KEYSTONE UNIFORMS UNIFORM FOR NEW OFFICER SAENZ 100-30-340-53100-00000 1,568.64$ 248894 11/14/2024 LABSOURCE INC GLOVES FOR JAIL PERSONNEL 100-30-380-53100-00000 152.79$ 248895 11/14/2024 LACMTA INTEREST INCOME RETURNED TO LACMTA-UNUSED TDA3 243-00-000-45001-00000 122.71$ 248896 11/14/2024 MARIANA MORENO ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 436.00$ 248897 11/14/2024 MARIPOSA LANDSCAPES INC. OCT 2024-LANDSCAPE MAINTENANCE 251-50-560-51100-00000 8,749.99$ 248898 11/14/2024 MICHAEL KELLY OCT 2024-JAIL INMATE PHONE SYSTEM SUPPLY&MAINTENAN 100-30-370-53403-00000 200.00$ 248899 11/14/2024 MONICA MARTINEZ RENTAL DEPOSIT REFUND-11/02/2024-COMMUNITY CENTER 501-60-000-22333-00000 150.00$ 248900 11/14/2024 MOTOROLA SOLUTIONS, INC. WEB BASED FLEX TRAINING 100-30-310-51100-00000 1,929.38$ 248901 11/14/2024 NICHOLS CONSULTING ENGINEERS, CHTD SERVICES CITY'S PAVEMENT MANAGEMENT SYSTEM 7/12/24 245-50-520-58100-55028 6,970.00$ 248901 11/14/2024 NICHOLS CONSULTING ENGINEERS, CHTD SERVICES CITY'S PAVEMENT MANAGEMENT SYSTEM 9/13/24 245-50-520-58100-55028 3,680.00$ 248902 11/14/2024 RAQUEL M. CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 115.39$ 248903 11/14/2024 RICOH USA INC MAINTENANCE/OVERAGES RICOH COPIERS 10/25-11/24/24 401-10-141-53371-11504 72.78$ 248903 11/14/2024 RICOH USA INC LEASE PAYMENTS FOR 3 RICOH COPIERS 401-10-141-58140-11504 710.12$ 248904 11/14/2024 SAN GABRIEL VALLEY WATER COMPANY WATER-MULTI-SPRINKLERS 10/2-10/31/24 251-50-560-53402-00000 2,712.93$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14403 PACIFIC 10/1-10/31/24 251-50-530-53401-00000 47,943.26$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14352 1/2 OHIO 10/8-11/5/24 251-50-530-53401-00000 74.95$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13911 1/2 LOS ANGELES 10/9-11/6/24 251-50-530-53401-00000 74.23$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14104 LOS ANGELES 10/9-11/6/24 251-50-530-53401-00000 88.65$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14204 OHIO 10/8-11/5/24 251-50-530-53401-00000 96.34$ 248905 11/14/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14006 1/2 LOS ANGELES 10/9-11/6/24 251-50-530-53401-00000 77.35$ 248906 11/14/2024 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT ON 10/24/2024 240-50-551-53391-15705 382.67$ 248907 11/14/2024 T-MOBILE PHONE-55455-POLICE DEPARTMENT- 9/21-10/20/24 100-30-310-53403-00000 2,400.71$ 248908 11/14/2024 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE & DATA 11/9-12/8/24 401-10-141-53403-11506 7,451.59$ 248909 11/14/2024 TRIPEPI,SMITH AND ASSOCIATES, INC PROGRAMMING AND COMMUNITY OUTREACH FOR SEP.2024 270-50-520-58100-15093 7,295.00$ 248910 11/14/2024 US BANK VOYAGER FLEET SYS GAS CARD ACCT#869356121 FOR POLICE DEPARTMENT 402-50-591-53110-16140 648.38$ 248911 11/14/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 9/22-10/21/24 240-50-551-53403-15705 910.47$ 248911 11/14/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 9/22-10/21/24 251-50-562-53403-00000 787.00$ 248912 11/14/2024 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY & POLICE VEHICLES 9/27-10/29/24 402-50-590-53110-16140 2,458.11$ 248913 11/14/2024 WEST COAST CONSTRUCTION GROUP RELEASE-GRADING BOND-14008 RAMONA-ENGR-0823-1191 501-50-000-22530-00000 129,716.81$ 248914 11/14/2024 DEBRA L. REILLY, A PROFESSIONAL LAW CORPORATION LEGAL SRVC-1/23-10/7/2024 403-10-150-51102-11106 49,217.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 1,247.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 8,096.35$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 319.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 526.00$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 295.00$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 515.00$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 265.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 796.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 737.50$ 248915 11/14/2024 LIEBERT CASSIDY WHITMORE SEP 2024-LEGAL SRVC 403-10-150-51102-11106 695.50$ 248916 11/14/2024 MATTHEW LOWES WATER SAFETY INSTRUCTOR CLASS-10/19-10/20/2024 100-60-610-53200-00000 280.00$ 248917 11/14/2024 NORMAN A. TRAUB & ASSOCIATES BACKGROUND INVESTIGATION OFFICER APPLICANT 100-30-310-51100-00000 2,229.98$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC CENTRAL STORES SUPPLIES 401-10-141-53100-11504 959.41$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC CENTRAL STORES SUPPLIES 401-10-141-53100-11504 24.09$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR PD 100-30-360-53100-00000 262.77$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR PD 100-30-310-53100-00000 111.85$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR PD 100-30-310-53100-00000 5.45$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC CENTRAL STORES SUPPLIES 401-10-141-53100-11504 102.18$ 248918 11/14/2024 ODP BUSINESS SOLUTIONS, LLC CITY WIDE PAPER 401-10-141-53100-11504 1,759.13$ 248919 11/14/2024 PUENTE HILLS CHEVROLET MATERIALS & SUPPLIES FOR UNIT#7318 402-50-590-53100-00000 431.69$ 248920 11/14/2024 RIGHT OF WAY INC FOR ANNUAL STREET MARKET EVENT#5 254-50-550-51101-16101 1,305.00$ 248921 11/14/2024 RIO HONDO COMM. COLLEGE DRIVER TRAINING FOR OFFICER 10/7/2024 100-30-310-53200-00000 25.00$ 248921 11/14/2024 RIO HONDO COMM. COLLEGE DRIVER TRAINING FOR OFFICER 10/7/2024 100-30-310-53200-00000 25.00$ 248921 11/14/2024 RIO HONDO COMM. COLLEGE DRIVER TRAINING FOR OFFICERS 10/7/2024 100-30-310-53200-00000 50.00$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number 248922 11/14/2024 ROGER LI REFUND GRADING BOND-13500 PALM AVE-ENGR-0821-0336 501-50-000-22530-00000 13,623.60$ 248923 11/14/2024 S&S WORLDWIDE, INC MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 231.48$ 248924 11/14/2024 SAN GABRIEL VALLEY POLICE CHIEF'S ASSN POLICE CHIEF MEMBERSHIP DUES FOR FY2024-2025 100-30-300-53330-00000 400.00$ 248925 11/14/2024 SECTRAN SECURITY INC. SECTRAN SERVICE NOV. 2024 CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 459.26$ 248926 11/14/2024 SHI INTERNATIONAL CORP CISCO SMARTNET RENEWAL 9/10/2024-9/9/2025 401-10-140-53379-00000 1,492.46$ 248926 11/14/2024 SHI INTERNATIONAL CORP AUTOCAD RENEWAL 12/7/2024-12/6/2025 401-10-140-53379-00000 2,004.62$ 248927 11/14/2024 SIRCHIE FINGER PRINT LABORATORIES SUPPLIES FOR EVIDENCE 100-30-360-53100-00000 58.43$ 248928 11/14/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 131.17$ 248928 11/14/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 74.95$ 248928 11/14/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 26.82$ 248928 11/14/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ZOCALO PARK 110-60-685-53100-00000 35.54$ 248928 11/14/2024 SMART & FINAL MATERIALS & SUPPLIES FOR BASIC PROGRAM 100-60-650-53100-00000 99.36$ 248928 11/14/2024 SMART & FINAL OFFICE SUPPLIES FOR TEEN CENTER 100-60-660-53100-00000 152.33$ 248929 11/14/2024 STAPLES OFFICE SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 14.32$ 248929 11/14/2024 STAPLES OFFICE SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 59.62$ 248929 11/14/2024 STAPLES OFFICE SUPPLIES FOR ARC 100-60-680-53100-00000 115.16$ 248929 11/14/2024 STAPLES OFFICE SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 54.88$ 248929 11/14/2024 STAPLES OFFICE SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 60.91$ 248930 11/14/2024 STATE OF CALIF ENERGY RESOURCES CONSERV AND DEV COMM'N PRINCIAL & INTEREST-LOAN 009-15-ECD-PAYMENT#13 200-50-520-55740-15755 76,496.86$ 248930 11/14/2024 STATE OF CALIF ENERGY RESOURCES CONSERV AND DEV COMM'N PRINCIAL & INTEREST-LOAN 009-15-ECD-PAYMENT#13 200-50-520-55742-15755 10,625.27$ 248931 11/14/2024 STERICYCLE, INC. COLLECTION OF BIOHAZARD MATERIALS 100-30-360-53100-00000 85.83$ 248932 11/14/2024 TH & TT CLEANERS LLC CLEANING SERVICE FOR JAIL 9/12/2024 100-30-370-51101-00000 65.00$ 248932 11/14/2024 TH & TT CLEANERS LLC CLEANING SERVICE FOR JAIL 9/25/2024 100-30-370-51101-00000 65.00$ 248932 11/14/2024 TH & TT CLEANERS LLC CLEANING SERVICE FOR JAIL 10/5/2024 100-30-370-51101-00000 65.00$ 248932 11/14/2024 TH & TT CLEANERS LLC CLEANING SERVICE FOR JAIL 10/26/2024 100-30-370-51101-00000 65.00$ 248932 11/14/2024 TH & TT CLEANERS LLC CLEANING SERVICE FOR JAIL 10/30/2024 100-30-370-51101-00000 70.00$ 248933 11/14/2024 U.S. ARMOR CORPORATION SAFETY VEST FOR OFFICER 100-30-340-53100-00000 934.83$ 248934 11/14/2024 V & V MANUFACTURING ADD "RETIRED" RIBBON ON BADGE 100-30-310-53100-00000 61.68$ 248934 11/14/2024 V & V MANUFACTURING CLEANING OF BADGES 100-30-310-53100-00000 775.39$ 248935 11/14/2024 WINNER PARTY INC. MATERIALS & SUPPLIES FOR VETERAN'S DAY CEREMONY 100-60-610-53100-16149 61.67$ DFT0009949 11/07/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 179.49$ DFT0009950 11/07/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 279.60$ DFT0009951 11/07/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 289.47$ DFT0009952 11/07/2024 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 21.78$ DFT0009953 11/07/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 22,247.03$ DFT0009954 11/07/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 15,904.87$ DFT0009955 11/07/2024 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 7,850.67$ DFT0009956 11/07/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 10,253.68$ DFT0009978 11/07/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 22,263.22$ DFT0009982 11/07/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 16,296.50$ DFT0009992 11/07/2024 PERS-RETIREMENT ROUNDING DIFFERENCE 100-25-299-53370-00000 (0.11)$ DFT0009979 11/07/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 23,831.20$ DFT0009980 11/07/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 502.39$ DFT0009981 11/07/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 23,195.83$ DFT0010046 11/13/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 3,888.99$ DFT0010051 11/13/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 934.01$ DFT0010052 11/13/2024 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 5,250.00$ DFT0010055 11/13/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 364.26$ DFT0010056 11/13/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 359.54$ DFT0010057 11/13/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 36.12$ DFT0010065 11/14/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 9,615.00$ DFT0010066 11/14/2024 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 2,999.43$ DFT0010067 11/14/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 1,190.00$ DFT0010068 11/14/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 1,120.51$ DFT0010069 11/14/2024 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 917.45$ DFT0010090 11/14/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 1,961.37$ DFT0010091 11/14/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 261.69$ DFT0010092 11/14/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 414.80$ DFT0010093 11/14/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 52.58$ DFT0010094 11/14/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 18.81$ DFT0010095 11/14/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 51.54$ DFT0010096 11/14/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 3,125.00$ DFT0010097 11/14/2024 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 2,175.00$
AmountPayment Number Payment Date Vendor Name Description (Item) Account Number DFT0010098 11/14/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 1,108.80$ DFT0010109 11/14/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 79,504.22$ Grand Total: 1,388,832.04$
DFT0010110 11/14/2024 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 8,566.76$ DFT0010111 11/14/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 23,884.50$ DFT0010112 11/14/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 33,353.19$
STAFF REPORT
ITEM NO. ____2____
TO: Honorable Mayor and Members of the City Council
FROM: Shirley Quinones, Chief Deputy City Clerk
DATE: December 4, 2024
SUBJECT: Meeting Minutes of November 20, 2024
SUMMARY
The City Council held the following meetings on November 20, 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 November 20, 2024.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVES
None
LEGAL REVIEW
This report does not require legal review.
ATTACHMENTS
1. Meeting Minutes of November 20, 2024
11-20-2024 Special Meeting Minutes
CITY COUNCIL
SPECIAL MEETING
Minutes
November 20, 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 5:14 p.m. by Mayor Estrada.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (arrived at 5:17 p.m.)
Mayor Pro Tem Jean M Ayala (present)
Mayor Emmanuel Estrada (present)
PUBLIC COMMUNICATIONS
Mayor Estrada opened public communications at 5:15 p.m.; seeing no one wishing to speak public communications was closed.
OPEN SESSION/STUDY SESSION- None
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: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park
Los Angeles Superior Court
No Reportable Action
B. Case: Rosario Carr v City of Baldwin Park Case No. 24STCV19252 Los Angeles Superior Court
No Reportable Action
C. Case: Matthew Rodriguez v. Baldwin Park et al. Case No. 2:22-cv-01069-FLA-MAR United States District Court, Central Districts of California
No Reportable Action – Mayor Pro Tem Ayala recused herself.
11-20-2024 Special Meeting Minutes
D. Case: Jorge Huerta v City of Baldwin Park Case No. 22PSCP00250 Los Angeles Superior Court
No Reportable Action
E. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju
This item was not heard and will be placed on a future meeting.
2. Conference with Real Property Negotiators
Pursuant to California Government Code, Section 54956.8
A. Property: Susan Rubio Zocalo Park Retail Space
Agency negotiator: Enrique C. Zaldivar, CEO;
Ron Garcia, Director of Community Development
Negotiating parities: Jerry Briseno, La Cocinita
Negotiating parties: Alfonso Romero, La Cosecha Mexican Bistro Under Negotiation: Price and Terms of Payment
This item was not heard and will be placed on a future meeting.
ADJOURNMENT
Mayor Estrada motioned to adjourn the meeting at approximately 7:21 p.m.
ATTEST:
________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor
APPROVED: December 4, 2024
11-20-2024 Regular_FA_HA Meeting Minutes
CITY COUNCIL/
FINANCE/HOUSING
REGULAR MEETING
Minutes
November 20, 2024, 7:00 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 7:15 p.m. by Mayor Estrada.
INVOCATION
The invocation was led by Pastor Flores and Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Estrada.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council Member Alejandra Avila (present)
Council Member Daniel Damian (present)
Council Member Monica Garcia (present)
Mayor Pro Tem Jean M Ayala (present)
Mayor Emmanuel Estrada (present)
REPORT FROM CLOSED SESSION
City Attorney Tabares announced that the City Council met in closed session and all the members were present (Councilmember Garcia arrived at 5:17 p.m.); on items 1a, 1b and 1d there is no reportable action; on item 1c Mayor Pro Tem Ayala recused herself and there is no reportable action. Items 1e and 2 were pushed for a future meeting.
ANNOUNCEMENTS
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 Ho using Authority meeting and $50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
The City Council presented proclamation to Councilmember Garcia and proclaim November 20, 2024 as “Councilmember Monica Garcia Day” in the City of Baldwin Park.
PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 7:40 p.m., the following spoke:
1) Irma Morales
Seeing no one else wishing to speak, public communications was closed.
11-20-2024 Regular_FA_HA Meeting Minutes
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion.
1. City of Baldwin Park’s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
2. Treasurer’s Report City (CC) – October 2024
Motion to receive and file the Treasurer’s Report for October 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
3. Meeting Minutes of November 6, 2024
Motion to approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting and Baldwin Park Charitable Relief Foundation Meeting held on November 6, 2024.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
4. Claim Rejection
Motion to reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Lizette Garcia The claimant alleges property damage. • Perla Ramirez The claimant alleges property damage. • Westleigh Santamaria The claimant alleges property damage. • Sharleen Esquivel The claimant alleges property damage and bodily injury. • Jorge Huerta The claimant alleges errors and omissions.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
5. Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) – Morgan Park Plaza Improvements
Motion to :
1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for the Morgan Park Plaza Improvements in the amount of $1,000,000; and
2. Authorize the Director of Recreation & Community Services to solicit Professional Architectural Services and any necessary documents associated with the project and grant funds; and
3. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council; and
4. Authorize the Director of Finance to appropriate $1,000,000 from Measure BP Fund and make necessary adjustments to the budget.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
11-20-2024 Regular_FA_HA Meeting Minutes
6. Approving an Agreement with the County of Los Angeles Department of Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities.
Motion to:
1. Receive and file the staff report; and
2. Approve the Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities and authorize the Mayor to execute the Agreement; and
3. Direct Staff to prepare an ordinance that incorporates the County Emblem Program into the Baldwin Park Municipal Code as a follow-up deliverable.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
7. Approval Of Resolution For California Declared Disaster DR# 4482; Cal OES ID# 037-03666; COVID-19 Pandemic Relief
Motion to:
1. Approve the attached Agent Resolution DR# 4482; and
2. Authorize the Chief Executive Officer, Chief of Police, or the Director of Finance to complete and sign all appropriate documentation necessary to close out this reimbursement claim.
3. Authorize the Director of Finance to make necessary budget adjustments based on the reimbursement received.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
8. Resolution No. 2024 -048 - Adoption of a Housing Inspection Policy Pursuant to the Requirements of AB 548
Motion to adopt Resolution No. 2024-048, for the adoption of a policy pursuant to the requirements of AB 548 relating to housing inspections.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
9. Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project. Request for Appropriation of Additional Construction Contingency Funds to Support Project Closeout.
MOTION: It was moved table and bring back to a future meeting by Daniel Damian, seconded by Monica Garcia to postpone Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA,
AYALA, ESTRADA
10. Second Reading of Ordinance No. 1511 Amending the Baldwin Park Municipal Code Regulating the Use of Wheeled Devices on Public and Private Property, Adding Section 130.80 Titled "Wheeled Devices” to Chapter 130 of Title XIII
Motion to waive the second reading and adopt Ordinance No. 1511, AMENDING THE BALDWIN
PARK MUNICIPAL CODE TO REGULATE THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY, ADDING SECTION 130.80 TITLED "WHEELED DEVICES" TO CHAPTER 130 OF TITLE XIII.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
11-20-2024 Regular_FA_HA Meeting Minutes
11. Award of a Construction Contract to PCN3, Inc of Los Alamitos, CA for City Project No. CIP 22-038 City Council Chambers Renovation Improvements.
MOTION: It was moved to not to approve this item., reject all bids and go out to rebid the project by Daniel Damian , seconded by to reject Motion [3 – 0]. AYES: DAMIAN, GARCIA, AYALA; ABSTAIN: AVILA ESTRADA
12. Approve Amendment No. 1 to Construction and Maintenance Agreement between the City and Southern California Regional Rail (SCRRA/Metrolink) for City Project No. CIP 20 -31 & CIP 20-35 Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue.
Motion to:
1. Approve Amendment No. 1 to the Construction and Maintenance Agreement between the City of Baldwin Park and Southern California Regional Rail Authority (SCRRA) subject to final language approved by the City Manager and City Attorney and authorize the Mayor to execute the Agreement; and
2. Authorize payment in the amount of $603,100.00 to SCRRA to cover construction cost increases of railroad signal improvements and the addition of the wireless crossing station stop related to the railroad improvements on Pacific Avenue between Bogart and Do wning Avenue;
3. Authorize the Director of Finance to appropriate $981,000 from Measure M Bond, un - appropriate $700,000 from STPL funds, and make the necessary budget adjustments.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to rebid Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
PUBLIC HEARING
13. Consideration of Adoption of an Urgency Ordinance No. 1512 Amending Sections 153.040.070, 153.070.020, 153.120.350, 153.120.360 and 153.120.370 of the Baldwin Park Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code(Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC 24-04).
Motion to:
1. Waive further reading, read by title only and adopt Urgency Ordinance No. 1512 entitled, “AN
URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.040.070, 153.070.020, 153.120.350, 153.120.360 AND 153.120.370 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESPONSE TO CHANGES IN STATE LAW” and approve Zoning Code Text Amend application AZC 24-04.
2. Find the proposed ordinance is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the ordinance is categorically exempt from CEQA under Guidelines Section 21080.17, which exempts the adoption of an Accessory Dwelling Unit ordinance to implement the provisions of Section 66310, et. seq. of the Government Code, and that therefore no environmental review under CEQA is required.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
11-20-2024 Regular_FA_HA Meeting Minutes
REPORTS OF OFFICERS
14. Approval of Employment Agreement with Ryan Mulligan for the position of Housing Manager Motion to:
1. Approve the Agreement with Ryan Mulligan for the position of Housing Manager (subject to any non-substantive changes made by Chief Executive Officer and the City Attorney); and
2. Authorize the Mayor and City Clerk to execute Employment Agreement with Ryan Mulligan.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
15. Receive and file the completed Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates. Approve recommended changes and authorize the Acting Director of Public Works to publish a Request for Proposals for operation of the Transit System with new service recommendations as deemed appropriate by Council.
Motion to:
1. Receive and file attached Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates (EBA).
2. Approve recommended changes to transit services as outlined in the Study.
3. Authorized the Acting Director of Public Works to prepare and publish a Request for Proposals (RFP) for Transit Services based on services recommendations as directed by Council and to undertake other steps necessary to finalize Council’s action.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
16. Adopt Resolution No. 2024-050 Authorizing the Chief Executive Officer to Establish a Process for Street Name Changes to Conform with the City’s Street Naming Policy and Citywide Naming Policy and Rescind Resolution No. 92-108
Motion to:
1. Rescind and Repeal Resolution No. 92-108; and
2. Adopt Resolution No. 2024-050 Authorizing the CEO to Update the Process for Street Name Changes
MOTION: It was moved by Monica Garcia, seconded by Daniel Damian to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, 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 Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA
SA 2. Treasurer’s Report SA – October 2024
Motion to receive and file the Treasurer’s Report for October 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
11-20-2024 Regular_FA_HA Meeting Minutes
FINANCE AUTHORITY BOARD CONSENT CALENDAR
1. Treasurer’s Report FA – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 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 BOARD 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 – October 2024
Motion to receive and file the Treasurer’s Report for October 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 Avila sought consensus from the City Council to direct Staff to conduct a review of the City’s current policy as a “Sanctuary City” memorialized in Resolution No. 2017 -171 declaring the City of Baldwin Park a Sanctuary City for all residents, regardless of immigration status and bring back to Council review the current laws. It is an important reminder to ourselves and a reassurance to our City residents that our City welcomes, serves, and respects the contributions and the needs of all residents, regardless of immigration status.
Chief Executive Officer Zaldivar and Chief Deputy City Clerk Quinones inform ed the Council that the Official Election Results are not scheduled to be available until Thursday, December 5, 2024. In light of this, on December 11, 2024 at 6:00 p.m. we will hold a Special Meeting for the swearing -in ceremony and reorganization of City Council Members.
ADJOURNMENT
Mayor Estrada motioned to adjourn the meeting at approximately 9:04 p.m.
ATTEST:
________________________
Christopher Saenz, City Clerk
Emmanuel J Estrada, Mayor
APPROVED: December 4, 2024
STAFF REPORT
ITEM NO. ____3____
TO: Honorable Mayor and Members of the City Council
FROM: Karina Rueda, Human Resources Manager
DATE: December 4, 2024
SUBJECT: Claim Rejection
SUMMARY
This report seeks City Council consideration and direction to reject the Claim for Damages to person or property received for filing against the City of Baldwin Park.
RECOMMENDATION
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Hector DeLoera The claimant alleges property damage and bodily injury.
This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.
FISCAL IMPACT
Fiscal impact is unknown at this time.
BACKGROUND
In order for the statute of limitations to begin on the claim received, it is necessary for the City Council to reject the claim by order of motion and that the claimant is sent written notification of said action.
ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claim is necessary for the Statute of Limitations to begin on the claim received.
LEGAL REVIEW
This report does not require legal review.
ATTACHMENTS
1. None
STAFF REPORT
ITEM NO. ____4____
TO: Honorable Mayor and Members of the City Council
FROM: Romany Basilyous, Acting Director of Public Works PREPARED BY: Lena Abdullah, Management Analyst
DATE: December 4, 2024
SUBJECT: Approval of Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority
(LACMTA) to Receive Proposition A Incentive Funds for
Reporting Data to National Transit Database (NTD) for City Transit Services for Report Year 2021-2022.
SUMMARY
This report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition “A” Discretionary Incentive funds in the amount of $139,086 for reporting year 2021-22 for reporting of Baldwin Park’s Transit Services data to the National Transit Database (NTD).
RECOMMENDATION
It is recommended that the City Council :
1. Approve the attached Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) and authorize the Mayor to execute said agreement; and
2. Authorize the Director of Finance to accept the Proposition A Incentive Funds and make necessary budget adjustments related to this MOU.
FISCAL IMPACT
There is no impact to the General Fund. The City will receive a total amount of $13 9,086 from LACMTA as Proposition “A” discretionary incentive program revenue. These restricted funds are used to offset the costs of operating the City’s Transit Services Program.
BACKGROUND
The City of Baldwin Park voluntarily reports annual City transit program ridership and service miles statistics to LACMTA. The data includes annual costs, revenue, number of passengers , and services provided through the Baldwin Park Transit Program. LACMTA’s collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally.
On June 22, 2023, LACMTA approved the Fiscal Year 2023-24 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2021-22. The City has voluntarily submitted NTD data to LACMTA, for Fiscal Year 2021 -22 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an NTD audit with no findings.
DISCUSSION
The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two -year lag between data submittal and fund disbursements. This year the City received an MOU for reporting year 2021-22. The NTD Funds will be applied as revenue in FY2024-25.
ALTERNATIVES
City Council may choose not to approve this MOU which is not recommend as the City will forfeit $13 9,086 in Proposition “A” discretionary revenue.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. LACMTA MOU- MOUPAIBALP240000
MOUPAIBALP24000
PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
FOR COLLECTING AND REPORTING DATA FOR THE
NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2022
This Memorandum of Understanding (MOU) is entered into as of May 1, 2024 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Baldwin Park (the “City”).
WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and
WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and
WHEREAS, at its June 22, 2023 meeting, LACMTA approved the Fiscal Year FY 2023-24 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2021-22; and
WHEREAS, the City has voluntarily submitted their FY2021-22 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and
WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2021-22 Report Year (the “Project”); and
WHEREAS, on April 1, 2024, the Federal Transit Administration (FTA) published in the Federal Register the FY 2023-24 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and
WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.
NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:
ARTICLE 1. TERM
1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2024, through June 30, 2027 at which time all unused funds shall lapse.
ARTICLE 2. STANDARDS
2.0 To receive payment for the submittal of the FY 2021-22 NTD statistics, the City warrants that it:
A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;
B. Prepared and submitted the FY 2021-22 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the NTD on or before October 31, 2022;
C. Prepared and submitted the FY 2021-22 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before February 15, 2023;
ARTICLE 3. PAYMENT OF FUNDS TO CITY
3.0 LACMTA shall pay the City for collecting and reporting FY 2021-22 NTD statistics.
LACMTA shall pay the City for submitting the FY 2021-22 ANNUAL NTD REPORT for the applicable transit services as follows:
MOTOR BUS SERVICE
For City’s motor bus service, LACMTA shall pay an amount equal to the 173,378 revenue vehicle miles reported by the City multiplied by the FTA unit value of
0.70102255316358331 per revenue vehicle mile. See Attachment A for detail.
DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 25027 revenue vehicle miles reported by the City multiplied by the FTA unit value of
0.70102255316358331 per revenue vehicle mile. See Attachment A for detail.
3.1 The City shall submit one invoice to LACMTA prior to June 30, 2027, in the amount of $139,086 to receive its payment described above.
3.2 INVOICE BY CITY:
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]
Re: LACMTA MOU# MOUPAIBALP24000 M.S. Chelsea Meister (99-4-3)
ARTICLE 4. CONDITIONS
4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.
4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.
4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.
4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.
4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.
ARTICLE 5. REMEDIES
5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.
ARTICLE 6. MISCELLANEOUS
6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.
6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.
ARTICLE 7. CONTACT INFORMATION
7.0 LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)
[email protected]
7.1 City’s Address:
Baldwin Park
14403 E. Pacific Ave.
Baldwin Park,CA 91706
Attn: David Lopez
[email protected]
IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY:
City of Baldwin Park Los Angeles County Metropolitan Transportation Authority
_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer
Date: ____________________ Date: _______________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: __________________
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY22
Using FY24 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
Total ($)Due
to
Jurisdiction
Alhambra MB 168,115 117,852.41 117,852 178,639 Alhambra DR 86,711 60,786.37 60,786 Artesia DR (DT) 3,956 2,773.25 2,773 Azusa DR 28,615 20,059.76 20,060 Baldwin Park MB 173,378 121,541.89 121,542 139,086 Baldwin Park DR 25,027 17,544.49 17,544 Bell MB 33,351 23,379.80 23,380 Bell DR 14,950 10,480.29 10,480 Bellflower MB 72,617 50,906.15 50,906 58,146 Bellflower DR 10,327 7,239.46 7,239 Bell Gardens MB 91,237 63,959.19 63,959 81,790 Bell Gardens DR 25,435 17,830.51 17,831 Burbank MB 212,160 148,728.94 (19,766) 128,963 Calabasas MB 65,374 45,828.65 45,829 51,463 Calabasas DR 8,037 5,634.12 5,634 Carson MB 13,788 9,665.70 9,666 56,301 Carson DT 66,524 46,634.82 46,635 Cerritos MB 100,933 70,756.31 70,756 97,359 Cerritos DR 37,948 26,602.40 26,602 Compton MB 185,493 130,034.78 130,035 130,192 Compton DR 224 157.03 157 Covina DR 43,672 30,615.06 30,615 Cudahy MB 33,395 23,410.65 23,411 30,244 Cudahy DR 9,747 6,832.87 6,833 Downey MB 103,313 72,424.74 72,425 101,291 Downey DR 41,178 28,866.71 28,867 Duarte MB DID NOT REPORT F - -
El Monte MB 221,303 155,138.39 155,138 192,668 El Monte DR 53,536 37,529.94 37,530 Glendora MB 44,811 31,413.52 31,414 61,485 Glendora DR 42,896 30,071.06 30,071 Huntington Park MB 147,119 103,133.74 103,134 132,064 Huntington Park DT 41,268 28,929.80 28,930 LACDPWAvocado MB 39,129.00 27,430.31 27,430 LACDPWELA MB 226,843.00 159,022.06 159,022 LACDPWELA DR 32,646.00 22,885.58 22,886 181,908 LACDPWEast Valinda MB 44,279.00 31,040.58 31,041 LACDPWKing Medical MB 37,428.00 26,237.87 26,238 LACDPWWillowbrook Shuttle MB 73,799.00 51,734.76 51,735 542,348 LACDPWS.Whittier MB 196,000.00 137,400.42 137,400 LACDPWAthens MB 36,721.00 25,742.25 25,742 LACDPWLennox MB 30,216.00 21,182.10 21,182 LACDPWFloranceFirestone MB 56,592.00 39,672.27 39,672 Lakewood DR 52,213 36,602.49 36,602 Lawndale MB DID NOT REPORT F - -
Lynwood MB 147,420 103,344.74 103,345 Malibu DT 5,867 4,112.90 4,113 ManhattanBeach DR 22,484 15,761.79 15,762 Maywood MB 31,380 21,998.09 21,998 32,276 Maywood DR 14,662 10,278.39 10,278 MontereyPark MB - - - 11,785 MontereyPark DR 16,811 11,784.89 11,785 Pico Rivera DR 8,765 6,144.46 6,144 Rosemead MB 104,818 73,479.78 73,480 94,855 Rosemead DR 30,491 21,374.88 21,375 Santa Fe Springs DR 12,570 8,811.85 8,812 South Gate MB 118,783 83,269.56 83,270 160,309 South Gate DT 109,896 77,039.57 77,040 SouthPasadena DR 20,054 14,058.31 14,058 WestCovina MB 155,047 108,691.44 108,691 135,451 WestCovina DR 38,172 26,759.43 26,759 West Hollywood MB 114,445 80,229 80,229 Total 3,869,524 2,792,852 (19,766) 2,773,086 FY24 Revenue Mile Rate 0.701022553
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '22
Using FY '24 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Vehicle
Revenue Hours
Total Passenger
Miles
Total Operating
Costs $ from VRM $from OPCOST Total Generated
Total ($)Due to
Jursd Before
Tier 2
Deduction
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Glendale MB 871,699 100,417 1,127,888 10,012,370 611,080.66 8,770 619,851$ 619,851 (82,378) 537,473 Pasadena MB 739,633 71,223 1,905,376 6,777,893 518,499.41 36,974 555,473$ 555,473 (73,822) 481,651 LADOT COMMUNITY DASH MB 4,118,894 292,898 11,327,239 40,076,119 2,887,437 220,998 3,108,436$ 3,108,436 (413,110) 2,695,326 LADOT DEPARTMENT OF AGING DR 169,282 28,228 306,343 3,955,395 118,670 1,638 120,308$ 120,308 120,308 Total LADOT 4,288,176 321,126 11,633,582 44,031,514 3,006,108 222,636 3,228,744$ 3,228,744 2,815,634 - -
Total NTD 5307 Funds 5,899,508 492,766 14,666,846 60,821,777 4,135,688 268,380 4,404,068 4,404,068 (569,310) 3,834,758 -
FY24 Revenue Mile Rate *
FY24 Passenger Mile Rate
0.7010226
0.0690283
STAFF REPORT
ITEM NO. _____5_____
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and Community Services
DATE: December 4, 2024
SUBJECT: Grant Reimbursement Report for First Quarter(1Q) Fiscal Year (FY) 24 -25 (July to September) for Department of
Recreation and Community Services
SUMMARY
The purpose of the staff report is to provide and grant reimbursement report update for 1Q FY24-25 (July to September) for the Department of Recreation and Community Services.
RECOMMENDATION
It is recommended that the City Council receive and file this report.
FISCAL IMPACT
Grant funds are typically fronted by the General Fund Reserve on a reimbursement basis and tracked under Fund 270. The quarterly report confirms the City successfully recouped grant funds totaling $110,418.80 used for Serenity Homes operations during the first quarter of FY 2024 -25 (July to September). This reimbursement replenishes the General Fund Reserve.
BACKGROUND
Serenity Homes is a16-unit modular housing complex that offers temporary housing and help sustain vital support services for families experiencing homelessness. The site also contains restrooms, shower and laundry facilities as well as a communal meal space offering residents increased access to hygiene and a sense of community. An on-site computer room is available to facilitate homework and job training. City Net provides on -site supportive services such as case management, 24-hour security, health and mental health services, and three (3) meals daily and sna cks. The project is intended to serve as temporary bridge housing before placement into permanent housing.
DISCUSSION
The Department of Recreation and Community Services has successfully secured funding from Los Angeles Homeless Services Authority (LAHSA) in the amount of $552,096 to support the ongoing operational costs of Serenity Homes. Under the executive agreement wi th LAHSA for FY24-25, the City covers monthly operation costs using General Fund Reserves. Each month, the City submits all required documentation, including payroll, contract labor, and expenditure receipts, through the Enterprise Grants Management System (EGMS). After review and approval by the LAHSA Grants Specialist, the City receives reimbursement for the expenditures, ensuring the seamless continuation of services without interruption. The following table illustrates the quarterly report/ monthly/total for FY24-25 reimbursements from LAHSA.
Agency Months 1Q
Reimbursed
Total
Allocation
Los Angeles Homeless
Service Authority (LAHSA)
FY24-25 (July to September)
$110,418.80 $552,096
ALTERNATIVES
None.
LEGAL REVIEW
Legal review not required.
ATTACHMENTS
1. Reimbursement Check
STAFF REPORT
ITEM NO. _____6_____
TO: Honorable Mayor and Members of the City Council
FROM: Romany Basilyous, Acting Director of Public Works PREPARED BY: Lena Abdullah, Management Analyst
DATE: December 4, 2024
SUBJECT: Approve Amendment No. 5 to Funding Agreement No. F9620 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the First/Last Mile Connections Project for the Baldwin Park Transit Center.
SUMMARY
This report is requesting City Council approval and authorization to execute Amendment No. 5 to Funding Agreement (FA) No. 920000000F9620 (F9620) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the First/Last Mile Connections Project for the Baldwin Park Transit Center.
Amendment No. 5 will extend the lapsing date of the funds to June 30, 2025, and update the project schedule.
RECOMMENDATION
It is recommended that the City Council approve and authorize the Mayor to execute Amendment No. 5 to the FA with the LACMTA.
FISCAL IMPACT
This grant is front funded by the General Fund Reserve on a reimbursement basis. To date, the city has expended a total amount of $993,21 4 of the original grant amount of $1,309,231, leaving a n amount of $316,017 that remains to be expended. Approval of this Amendment will ensure the City remains eligible to request reimbursements for this grant until June 30, 2025.
BACKGROUND
On February 21, 2018, the City Council approved Resolution No 2018-227 which authorized the Mayor to accept grant funds from LACMTA 2015 Call for Projects and to execute Funding Agreement (FA) No. 920000000F9620 dated October 3, 2017 (FA) (Attachment No. 1). The resolution also appropriated the $656,256 grant funds to the First/Last Mile connections for the Baldwin Park Transit Center Project for first and last mile improvements for safe and efficient non -motorized connections to and from the City’s Transit Center as well as an additional $165,196 from the Surface Transportation Program Fund for the required local match.
Amendment No. 1 to the FA dated as of January 12, 2020, was executed by the City and LACMTA, amending the following items: (1) revised LACMTA programmed funding sources, (2) extended grant funds lapse date to June 30, 2022, (3) updated the project’s scope of work, (4) replaced the form used for quarterly progress and expense reports with the latest version, (5) updated the project funding incorporating Measure M MSP funds, (6) replaced the Federal Transportation Improvement Program (FTIP) with a newer version, and (7) updated LACTMA bond requirements (refer to Attachment No. 2).
Amendment No. 2 dated August 17, 2021, was executed by the City and LACMTA. The items amended were as follows: (1) extended the grant funds lapse date to February 28, 2023, (2) incorporated change in communications requirements, (3) changed of project manager, and (4) changed the scope of work and revised the project schedule (refer to Attachment No. 3)
Amendment No. 3 dated as of July 15, 2022, was executed by the City and LACMTA. This amendment made the following changes: (1) extended the grant funds lapse date to June 30, 2023, and (2) revised the scope of work (refer to Attachment No. 4).
Amendment No. 4 dated as of July 1, 2023, was executed by the City and LACMTA. This amendment made the following changes: (1) extended the grant funds lapse date to June 30, 2024, and (2) revised the project schedule (refer to Attachment No. 5).
DISCUSSION
On September 2, 2020, the Downtown Beautification Project was approved and awarded by the City Council.
The project combined a series of Capital Improvement Projects (CIP) aimed at enhancing various aspects of the City's downtown area. The project's funding was drawn from a variety of sources, including SB1 funds that were allocated for City entrance signs, Measure R and LLMD funds dedicated to decorative streetlighting, and LACMTA First/Last Mile funds for pedestrian safety improvements that aligned with t he project's objectives as outlined in the Funding Agreement (FA).
Subsequently, on September 21, 2022, the City Council officially accepted the work constructed under the Downtown Beautification Project and authorized the filing of a Notice of Completion. However, the project did not encompass specific grant requirements related to the installation of quad gates at the Pacific Avenue rail crossing. The quad gates are necessary to prepare the crossing for the future implementation of a Quiet Zone, however due largely to extensive dela ys with Metrolink reviews, they were om itted from the Downtown Beautification Project. To meet these requirements and ensure the maximum use of the grant funds, the unexpended amount, coupled with other funding sources, were reappropriated to City Project No. CIP20 -35 – Pacific Avenue Rail Safe ty Crossing Improvements Project. The project has had some delays and is now anticipated to commence construction in January 2025.
To secure the availability of the necessary funds, City Staff engaged in coordination with LACMTA to propose an amendment to the FA that would extend the grant lapse date and adjust the project timeline. In response, LACMTA presented Amendment No. 5 (refer to Attachment No. 6) outlining the revised grant expiration date, which has now been set to June 30, 2025. City Staff has reviewed and carefully evaluated the proposed amendment and recommends the approval of Amendment No. 5.
ALTERNATIVES
1. Not approve the execution of Amendment No. 5 and forfeit the City’s ability to seek additional reimbursements from this grant.
2. Provide Staff with alternative direction
CEQA REVIEW
The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Executed Funding Agreement F9620 with LACMTA
2. Amendment No. 1 to Funding Agreement F9620
3. Amendment No. 2 to Funding Agreement F9620
4. Amendment No. 3 to Funding Agreement F9620
5. Amendment No. 4 to Funding Agreement F9620
6. Proposed Amendment No. 5 to Funding Agreement F9620
FTIP# LAF9620
CFP# F9620 / MM4703.02
AMENDMENT NO. 1
FA No. 920000000F9620
Rev: 01.14.2021 FA Local Amendment
1 AMENDMENT No. 1 TO FUNDING AGREEMENT
BETWEEN CITY OF BALDWIN PARK AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to Funding Agreement (this "Amendment"), is dated as of January 12, 2020, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 920000000F9620, dated October 3, 2017, the "Existing FA"), which Existing FA provides for the First/Last Mile Connections for the Baldwin Park Transit Center (the “Project”); and
B. WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan, on June 23, 2016 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 8, 2016 as “Measure M” and became effective on July 1, 2017; and
C. WHEREAS, the Measure M funding set forth herein is intended to fund Design, Plans, Specifications and Estimates (PS&E), and Construction of the Project; and
D. WHEREAS, the LACMTA Board, at its May 23, 2019 meeting, programmed $652,975 in Measure M funds to GRANTEE for the Project, subject to the terms and conditions contained in this FA; and
E. WHEREAS, the Call for Projects Funds for the Project are currently programmed as follows:
$15,645 in Proposition C 25% funds in FY 2017-18 and $640,611 in FY 2018-19.
$652,975 in Measure M funds in FY 2019-20.
The total designated funds for the Project is $1,309,231
F. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.
FTIP# LAF9620
CFP# F9620 / MM4703.02
AMENDMENT NO. 1
FA No. 920000000F9620
Rev: 01.14.2021 FA Local Amendment
2 AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part I, Paragraph 2 of the existing FA is hereby amended by deleting it in its entirety and replacing it with the following;
“2. Grant Funds:
2.1 Programmed Funds for this Project consists of the following: Proposition C 25% funds and Measure M funds. The Proposition C 25% and the Measure M funds together are referred to as “the Funds”.
2.2. To the extent the Proposition C 25% Funds are available, LACMTA shall make to GRANTEE a one-time grant of Proposition C 25% funds in the amount of $656,256 for the Project. LACMTA Board of Directors’ action of September 24, 2015 granted $656,256 to GRANTEE for the Project. The Proposition C 25% funds are programmed over two years, Fiscal Years (FY) FY 2017-18 and FY 2018-19.
2.3. To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $652,975 for the Project.
LACMTA Board of Directors’ action of May 23, 2019 granted the Measure M Funds for the Project. The Funds are programmed over one year for Fiscal Year (FY) 2019-20”
2. Part II, Paragraph 8.1(v) is hereby added to the Existing FA with the following: “expending the Measure M Funds granted under this Agreement for allowable costs within 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in the Agreement. Measure M funds programmed for FY 2019-20 are subject to lapse by June 30, 2022.”
3. Part II, Paragraph 8.6 is hereby added to Existing FA as follows:
“8.6 In the event that the timely use of the Measure M funds is not demonstrated as described in Part II, Section 8.1(v) of this FA, the Project will be reevaluated by LACMTA as part of its Annual Update process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. In the event that all the Measure M funds are reprogrammed, this FA shall consider a written amendment.”
4. Attachment A – Project Funding, attached to the Existing FA is hereby amended by deleting it in its entirety and replacing it with Attachment A-1.
5. Attachment B – Scope of Work, attached to the Existing FA is hereby amended by deleting it in its entirety and replacing it with Attachment B-1.
FTIP# LAF9620
CFP# F9620 / MM4703.02
AMENDMENT NO. 1
FA No. 920000000F9620
Rev: 01.14.2021 FA Local Amendment
3 6. Attachment C-1 – Quarterly Progress/Expense Report, attached to the Existing FA is hereby amended by deleting it in its entirety and replacing it with Attachment C-1A.
7. Attachment D – Federal Transportation Improvement Program (FTIP) Sheet, attached to the Existing FA is hereby amended by deleting it in its entirety and replacing it with Attachment D-1.
8. Part I of the Existing FA is hereby amended by adding Paragraph 13, which reads as follows: “LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the “Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, as specified in the Bond Requirements attached as Attachment G to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such Bonds’ tax status.”
9. The Existing FA is hereby amended by adding Attachment G, attached hereto.
10. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
(LACMTA Programmed Funding and Sponsors Match Only)
TOTAL % OF
PROGRAMMED FUNDSFY 2015-16FY 2016-17FY 2017-18FY 2018-19FY 2019-20FY 2020-21BUDGET BUDGET LACMTA PROGRAMMED FUNDING:
SELECT:
Proposition C 25% 15,645$ 640,611$ 656,256$ 40.0% Measure M MSP 652,975$ 652,975$ 39.8% LACMTA SUBTOTAL 1,309,231$ 79.8%
GRANTEE/SPONSOR MATCH:
Grantee Funding Commitment (specify type)
(Write specific type of funding match)
SELECT:
City General Fund
Prop A Local Return
Prop C Local Return 3,936$ 161,257$ 165,193$ 10.1% Measure M Local Return 166,000$ 166,000$ 10.1% Other
331,193$ 20.2%
TOTAL PROGRAMMED FUNDING -$ -$ 19,581$ 801,868$ 818,975$ -$ 1,640,424$ 100%
GRANTEE/ PROJECT SPONSOR: City of Baldwin Park
PROJECT TITLE: First/Last Mile Connections for the Baldwin Park Transit Center ATTACHMENT A-1 PROJECT FUNDING
FTIP# LAF9620 CFP# F9620 / MM4703.02
Amendment No. 1
FA# 920000000F9620
FTIP# LAF9620 CFP# F9620 / MM4703.02 AMENDMENT NO. 1 FA# 920000000F9620 Rev: 11.1.14 1
ATTACHMENT B-1 SCOPE OF WORK PROJECT TITLE: First/Last Mile Connections for Baldwin Park Transit Center PROJECT LOCATION/LIMITS: One mile from the Baldwin Park Transit Center/ Parking Structure and the Metrolink Cruz Baca Transcenter in the City’s Downtown District (See Project Location Map) PROJECT DESCRIPTION: This project intends to improve pedestrian infrastructure by providing safe and efficient non-motorized connections to and from public transit facilities and destinations within the Downtown Baldwin Park district. This project is located in the City of Baldwin Park around the city’s downtown, Baldwin Park Transit Center and Metrolink Station. It will fund pedestrian enhancements by adding a walkway from the Transit Center to the city’s downtown. The project includes adding pedestrian lighting, wayfinding signage, trash receptacles, landscaping, benches, bike racks, sidewalk extensions, and a pedestrian crossing gate. Funds will support design, construction management, and construction costs. These pedestrian infrastructure changes will take place in and around the Baldwin Park Transit Center and Metrolink Station. Multimodal connections will be provided to key transit locations along Ramona Blvd., Pacific Ave., and the Metrolink right-of-way. The “Focus Area” concentrates on connectivity improvements with the objective of downtown multimodal support. The project area is seen as a key central point connecting destinations through both motorized and non-motorized travel and attractive, safe and efficient conditions are needed for non-motorized travelers to be able to maneuver efficiently and effortlessly. Proposed improvements include the following: • Safe pedestrian railroad crossings at Ramona Blvd. and Pacific Ave. • Safe and highly visible mid-block crossing on Pacific Ave. • Pedestrian pathways from the Transit Center/Metrolink Station/Civic Center to local destinations and non-motorized transit modes along Ramona Blvd., including street amenities.
FTIP# LAF9620 CFP# F9620 / MM4703.02 AMENDMENT NO. 1 FA# 920000000F9620 Rev: 11.1.14 2
PROJECT FUNDING: Category Call for Projects PC25 Local Agency Measure M MSP TOTAL Planning, Design, Engineering $ 52,018 $ 13,094 $ 0 $ 65,112 Project Management $ 45,008 $ 11,329 $ 0 $ 56,337 Construction $ 559,230 $ 306,770 $ 652,975 $ 1,518,975 TOTAL $ 656,256 $ 331,193 $ 652,975 $ 1,640,424 ESTIMATED PROJECT COSTS: Item No. Item Description Quantity Unit Unit Cost Total 1.0 Railroad Ped Safety Crossings - @Ramona Blvd and Pacific Ave. 1.1 Pedestrian Crossing Gates 4 EA $75,000 $300,000 1.2 Thermoplastic Traffic Striping 1 LS $6,000 $6,000 1.3 Wayfinding and Directional Signage 4 EA $400 $1,600 1.4 Pedestrian-Level Lighting 4 EA $1,500 $6,000 Subtotal Railroad Pedestrian Safety Crossing Items: $313,600 2.0 Transit Center Pedestrian Linkage to Ramona Blvd. 2.1 Sidewalk installation (150 x 5 ft.) 750 SF $10 $7,500 2.2 Pedestrian Striping 420 LF $4 $1,680 2.3 Pedestrian-Level Lighting 4 EA $1,500 $6,000 2.4 Wayfinding Signage 3 EA $400 $1,200 Subtotal Business Center Pedestrian Linkage to Ramona Boulevard Items: $16,380 3.0 Downtown Transit Center Pedestrian Linkage – Pacific Ave. 3.1 Sidewalk Installation (700 x 10 ft.) 7000 EA $10 $70,000 3.2 Pedestrian Striping 900 EA $4 $3,600 3.3 Wayfinding Signage 6 LF $300 $1,800 3.4 Pedestrian-Level Lighting 12 EA $1,500 $18,000 3.5 Enhanced HAWK Midblock Crossings 1 EA $90,000 $90,000 Subtotal Downtown Transit Center Pedestrian Linkage Items: $183,400 4.0 Pedestrian/Bicycle – Complete Streets Elements 4.1 Bike Racks 4 LS $10,000 $40,000 4.2 Pedestrian-Level Lighting 5 LS $12,000 $60,000 4.3 Trash Receptacles 8 EA $1,000 $8,000 4.4 Drought Tolerant Landscaping 1 EA $12,000 $12,000 4.5 Benches 6 LS $2,500 $15,000 Subtotal Pedestrian/Bicycle – Complete Streets Elements Items: $135,000 FTIP# LAF9620 CFP# F9620 / MM4703.02 AMENDMENT NO. 1 FA# 920000000F9620 Rev: 11.1.14 3
Item No. Item Description Quantity Unit Unit Cost Total 5.0 Before and After Pedestrian and Bike Counts 1 LS $12,000 $12,000 6.0 Prelim Engineering & Environmental Docs (10%) 1 LS $64,838 $64,838 7.0 Construction Engineering & Management (11%) 1 LS $71,322 $71,322 8.0 Program and Brochure Information 1 LS $9,176 $9,176 Subtotal Planning/Design/Items: $157,335 Contingency 10% $15,733 Total Planning, Design, and Marketing Costs $173,069 9.0 Measure M MSP Supplemental Construction 9.1 Traffic Control 1 LS $78,195 $78,195 9.2 Construction Surveying and Staking 1 LS $5,000 $5,000 9.3 Color Concrete ADA Curb Ramp 27 EA $6,500 $175,500 9.4 Color Decorative Stamped Crosswalks 10,850 SF $25 $271,250 9.5 Traffic signing, striping, markings & curb painting 1 LS $70,625 $70,625 9.6 Color Concrete Sidewalk 1,405 SF $17 $23,885 9.7 Decorative Wayfinding Structure 6 EA $18,000 $108,000 9.8 Architectural Paving 1,890 SF $34 $64,260 9.9 Decorative Sidewalk Features 1,060 SF $21 $22,260 Subtotal Measure M MSP Supplemental Construction: $818,975 • Subtotal Railroad Pedestrian Safety Crossings - @Ramona Blvd. and Pacific Ave. $313,600 • Subtotal Transit Center Pedestrian Linkage to Ramona Boulevard $16,380 • Subtotal Downtown Transit Center Pedestrian Linkage – Pacific Ave. $183,400 • Subtotal Pedestrian/Bicycle – Complete Streets Elements $135,000 • Subtotal Measure M MSP Supplemental Construction $818,975 Total Construction Cost $1,467,355 TOTAL PROJECT COST (ESTIMATED) $1,640,424 PROJECT MILESTONES: Milestones Begin End Duration (months) Execute FA 8/21/2017 12/30/2017 4 mos Contractor or Construction Documents (final design, specifications, cost estimate) 7/1/2019 6/15/2020 11 mos Advertise Bid & Award Construction 6/17/2020 9/2/2020 2 mos Construction 3/1/2021 9/1/2021 6 mos Report of Completion / Project Close Out 9/30/2021 12/28/2021 2 mos FTIP# LAF9620 CFP# F9620 / MM4703.02 AMENDMENT NO. 1 FA# 920000000F9620 Rev: 11.1.14 4
PROJECT SCHEDULE: Milestones Begin End Duration (months) Preliminary Design / Outreach 10/5/2017 12/8/2017 3 mos Execute FA 8/21/2017 12/30/2017 4 mos Final Design 7/1/2019 3/15/2020 10 mos Construction Documents / Complete Bid Package (final design, specifications, cost estimate) 3/15/2020 6/15/2020 3 mos Advertise Bid & Award Construction 6/17/2020 9/2/2020 2 mos Issue NTP 3/1/2021 3/1/2021 1 day Construction 3/1/2021 9/1/2021 6 mos Report of Completion / Project Closeout 9/30/2021 12/28/2021 3 mos FTIP# LAF9620 CFP# F9620 / MM# 4703.02 AMENDMENT NO. 1 FA# 920000000F9620 PROJECT LOCATION MAP:
Rev: 06.26.19 1 FA LTF Attachment C-1 Quarterly Report Invoice #
QUARTERLY PROGRESS / EXPENSE REPORTInvoice Date
FA# 920000000F9620
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or by mail to Los Angeles County Metropolitan Transportation Authority Accounts Payable, P. O. Box 512296, Los Angeles, CA 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information.
Balance Remaining
% of Project Budget
Expended to Date
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
LACMTA
MSP TOTALLACMTA
Call for Projects
Project-to-Date Expenditure
Funds Expended to Date
(Include this Quarter)
1,640,424.00
Grantee To Complete
LACMTA FA ATTACHMENT C-1A
$PC25 $ Measure M $
Local Match
Call for Projects
SECTION 1: QUARTERLY EXPENSE REPORT
$
331,193.00 656,256.00 652,975.00 Total Project Budget Net Invoice Amount (Less
Retention)
Retention Amount
This Quarter Expenditure
Project Quarter Expenditure
Rev: 06.26.19 2 FA LTF Attachment C-1 Quarterly Report PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year : 2019-2020 2020-2021
2021-2022 2022-2023 2023-2024
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
Goods Movement
Phone Number:
E-mail:
SECTION 2: GENERAL INFORMATION
Contact Name:
2018-2019
Job Title:
RSTI Pedestrian
Bicycle
Name:
920000000F9620FA #:
LACMTA Project
Manager
Project Sponsor
Contact / Project
Manager
Phone Number:
TDM
Transit
Signal Synchronization
First/Last Mile Connections for the Baldwin Park Transit Center Mailing Address:
Department:
E-mail:
City / Agency:
Rev: 06.26.19 3 FA LTF Attachment C-1 Quarterly Report Start Date End Date
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
Design Bid & Award
Start Date
Construction Bid & Award
Construction
Ground Breaking Event
Environmental Clearance
2. PROJECT COMPLETION
Total Project Duration
(Months)
ListalldeliverablesandmilestonesasstatedintheFA,withstartandenddates.Calculatethetotalprojectduration.DONOTCHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3RD COLUMNS BELOW.
GranteesmustmakeeveryefforttoaccuratelyportraymilestonedatesintheoriginalFAScopeofWork,sincethiswillprovidethebasisfor calculatinganyprojectdelay.Ifmilestonestartand/orenddateschangefromthosestatedintheOriginalFAScopeofWork,indicatethe newdatesunderActualSchedulebelowandre-calculatetheprojectduration.However,thisdoesnotchangetheoriginalmilestonesin yourFA.PERYOURFAAGREEMENT,ANYCHANGESTOTHEPROJECTSCHEDULEMUSTBEFORMALLYSUBMITTEDUNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications? SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of
Work
Right-of-Way Acquisition
Ribbon Cutting Event
Design
FA Milestones
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
Rev: 06.26.19 4 FA LTF Attachment C-1 Quarterly Report
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
5. ACTION ITEMS TO RESOLVE DELAY
List tasks or milestones accomplished and progress made this quarter.
4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
Rev: 06.26.19 5 FA LTF Attachment C-1 Quarterly Report 1 2
3 4
5 6
7 8
9 10
11 12
13 Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of ITEM
Notes:
$ CHARGED TO LACMTA GRANT$ CHARGED TO LOCAL MATCH
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
TOTAL
TOTAL EXPENSES /
CHARGES
stated in this report is true and correct.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
Rev: 06.26.19 6 FA LTF Attachment C-1 Quarterly Report Name Title
Los Angeles Metropolitan Transportation Authority
2021 Federal Transportation Improvement Program ($000)
LAF9620TIP ID Implementing Agency Baldwin Park, City of SCAG RTP Project #: 1O1008
Conformity Category: EXEMPT - 93.126
Project Description: First/Last Mile Connections for the Baldwin Park Transit Center: Improve pedestrian infrastructure by providing safe and efficient non-motorized connections to and from public transit facilities and destinations within the Downtown area.
Study:N/A Is Model: NO Model #:
PM: Sam Gutierrez - (626) 960-4011
Email: [email protected]
LS: N LS GROUP#:
PPNO:EA #:
Program Code: NCR25 - BICYCLE & PEDESTRAIN FACILITIES-UPGRADE Stop Loc:
Air Basin: SCABEnvir Doc: CATEGORICALLY EXEMPT - 12/31/2016 Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: San Gabriel Valley
COG
CTIPS ID:
Lane # Extd: Lane # Prop: Imprv Desc:
Hov acs eg loc: Toll Rate:
0.00 Toll Colc Loc: Toll Method:
System :Local Hwy Completion Date 12/31/2021Phase: Contract/Project AwardDistance: Postmile: Route :
PRIOR PROG TOTAL BEYONDPHASE 25/2624/2523/2422/2321/2220/21 $0 $0 PECITY - City Funds
CON
RW
SUBTOTAL $331 $331
$331 $331
$0 $0
$0 $0
$653 $653
$653 $653
MEASURE M MYSP (Multi Year Subregional Program) $0 $0
SUBTOTAL
CON
RW
PE
$0 $0
$0 $0
$656 $656
$656 $656 SUBTOTAL
CON
RW
PEPC25 - Los Angeles County Proposition "C25"
$1,640 TOTAL
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $1,640
$1,640
TOTAL PROGRAMMED: $1,640
- General Comment: Project has completed design and was bid. The construction bid was significantly above estimate. Construction contract has was awarded and pending start in February 2021. This change in construction costs includes adding the additional funding by SGVCOG and City funds to cover the exceed costs. - Modeling Comment: Total costs for project has changed. The increase in costs is due to unforeseen/underestimated construction activities due traffic control and decorative features. Also due to third-party comments and during review the project was delayed/split to accommodate. - TCM Comment: No significant change made.
- Amendment Comment:
- CMP Comment:
- Narrative:
Change reason:SCHEDULE DELAY Total Project CostLast Revised Amendment 21-03 - Submitted $1,640 1Page Wednesday, February 17, 2021
FTIP # LAF9620 CFP# F9620 / MM4703.02 AMENDMENT NO. 1 FA# 920000000F9620
01.14.2021 Measure M - MSP Attachment G Bond Requirements 1 ATTACHMENT G BOND REQUIREMENTS The provisions of this Attachment G apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds"). GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by LACMTA in consultation with its bond counsel. GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment G and notify LACMTA of such designations.
CFP# F9620/M M4703.02
AMENDMENT NO. 3
Funding Agreement No, 9200000000F9620
FTIP# LAF9620
AMENDMENT No. 3 TO FUNDING AGREEMENT
BETWEEN CITY OF BALDWIN PARK AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 3 to Funding Agreement (this "Amendment"), is dated as of July 15, 2022, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F9620, dated October 3, 2017, which was amended on January 12, 2020 and August 17, 2021 (as amended, the "Existing FA"), which Existing FA provides for the First/Last Mile Connections for the Baldwin Park Transit Center (the "Project"); and A.
Whereas, the LACMTA Board on May 27, 2021 delegated administrative authority to staff to extend the funding lapsing date of the Measure M Funds previously approved to meet environmental, design, right-of-way and construction time frames; and.
B.
GRANTEE and LACMTA desire to amend the Existing FA as providedC. herein.
l
FA Local Amendment Lapsing Date ExtensionRev: 04.29.2022 FTIP# LAF9620 CFP# F9620/M M4703.02
AMENDMENT NO. 3
Funding Agreement No. 9200000000F9620
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
Part li, Paragraph 8.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
1. (iv) Measure M Funds programmed for FY 2019-20 are subject to lapse on June 30, 2023.
8.1 Attachment B-l - Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
2. Amendment No. 2 Schedule in
Revised Project Schedule FA
FA Milestones Scope of Work
End Date End DateStart Date Start Date
Design Bid & Award Feb.2020 Feb.2020Mar. 2020 Mar. 2020 Execute FA Aug. 2017 Dec. 2017
Jul. 2022 Design Mar. 2020 Jun. 2020 Nov. 2022
Construction Bid &
Award Jun.2020 Sep. 2020 Nov. 2022 Dec. 2022
Mar. 2021 Nov. 2021 Jan.2023Construction Apr. 2023
Project Close Out Nov. 2021 Dec. 2021 Apr. 2023 Jun.2023 Total Project Duration
(Months) 51 months 40 months
Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
3. 2
FA Local Amendment Lapsing Date Extension Rev: 04.29.2022 CFP# F9620/MM4703.02
AMENDMENT NO. 3
Funding Agreement No. 9200000000F9620
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed and delivered as of the above date.
FTIP# LAF9620
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
Date:By:
Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
•2-0.2.0-Date:By:
Deputy
CITY OF BALDWIN PARK
---------V--------------------------Date:By:
Emlrnamuel/J. Estrada
Ma-
APPROVED AS TO FORM:
1 1A O'Date:By:
Robeh Tafoya
City Attorney
3 FA Local Amendment Lapsing Date ExtensionRev: 04.29.2022 FTIP# LAF9620
CFP# F9620/MM4703.02
AMENDMENT NO. 4
Funding Agreement No. 9200000000F9620
Rev.: 03.08.2023 FA Local Amendment Lapsing Date
Extension
1 AMENDMENT No. 4 TO FUNDING AGREEMENT
BETWEEN CITY OF BALDWIN PARK AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 4 to Funding Agreement (this "Amendment"), is dated as of July 1, 2023, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F9620, dated October 3, 2017, which was amended on January 12, 2020, August 17, 2021, and July 15, 2022 (as amended, the "Existing FA"), which Existing FA provides for the First/Last Mile Connections for the Baldwin Park Transit Center (the “Project”); and
B. WHEREAS, LACMTA Board on May 27, 2021 delegated administrative authority to staff to extend the funding lapsing date of the Measure M Funds previously approved to meet environmental, design, right-of-way and construction time frames; and
C. WHEREAS, the GRANTEE and LACMTA desire to extend the lapse date of FY 2019-20 funds to June 30, 2024; and
D. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.
FTIP# LAF9620
CFP# F9620/MM4703.02
AMENDMENT NO. 4
Funding Agreement No. 9200000000F9620
Rev.: 03.08.2023 FA Local Amendment Lapsing Date
Extension
2 AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Paragraph 8.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“8.1 (v) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Measure M funds programmed for FY 2019-20 are subject to lapse on June 30, 2024.”
2 . Attachment B-1 – Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
FA Milestones
Amendment No. 3 Schedule in
Scope of Work Revised Project Schedule
Start Date End Date Start Date End Date
Design Bid & Award Feb. 2020 Mar. 2020 Feb. 2020 Mar. 2020 Execute FA
Design Jul. 2022 Nov. 2022 Jul. 2022 Nov. 2022
Construction Bid & Award Nov. 2022 Dec. 2022 Oct. 2023 Nov. 2023 Construction Jan. 2023 Apr. 2023 Jan. 2024 Apr. 2024
Project Close Out Apr. 2023 Jun. 2023 Apr. 2024 Jun. 2024 Total Project Duration
(Months) 40 months 52 months
3. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP# LAF9620 CFP# F9620/MM4703.02
AMENDMENT NO. 5
Funding Agreement No. 9200000000F9620
Rev.: 03.08.2023 00 - Amendment 51
AMENDMENT NO. 5 TO FUNDING AGREEMENT
BETWEEN CITY OF BALDWIN PARK AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 5 to Funding Agreement (this "Amendment"), is dated as of July 1, 2024, by and between City of Baldwin Park ("GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. GRANTEE and LACMTA entered into that certain Funding Agreement No. 9200000000F9620, dated October 3, 2017, which was amended on January 12, 2020, August 17, 2021, July 15, 2022, and July 1, 2023, (as amended, the "Existing FA"), which Existing FA provides for the First/Last Mile Connections for the Baldwin Park Transit Center and
B. WHEREAS, LACMTA Board on May 27, 2021 delegated
administrative authority to staff to extend the funding lapsing date of the Measure M Funds previously approved to meet environmental, design, right-of-way, and construction time frames; and
C. WHEREAS, the GRANTEE and LACMTA desired to extend the lapsing date of FY 2019-20 funds to June 30, 2025; and
D. GRANTEE and LACMTA desire to amend the Existing FA as provided herein.
FTIP# LAF9620 CFP# F9620/MM4703.02
AMENDMENT NO. 5
Funding Agreement No. 9200000000F9620
Rev.: 03.08.2023 00 - Amendment 52
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part II, Paragraph 8.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
8.1 (v) Expending the funds granted under this FA for allowable costs by the lapsing date. All Measure M funds programmed for FY 2019-20 are subject to lapse on June 30, 2025.
2. Attachment B-1 Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.
Milestones
Amendment No. 4 Schedule
in
Scope of Work
Revised Project Schedule
Start Date End Date Start Date End Date
Design Bid & Award Feb 2020 Mar. 2020 Feb 2020 Mar. 2020 Design Jul. 2022 Nov. 2022 July 2022 Nov. 2022
Construction Bid & Award Oct. 2023 Nov. 2023 Dec. 2023 Mar. 2024 Construction Jan. 2024 Apr. 2024 Oct. 2024 May 2025
Project Close Out Apr. 2024 Jun. 2024 May 2025 Jun. 2025 Total Project Duration
(Months) 52 Months 64 Months
3. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.
FTIP# LAF9620 CFP# F9620/MM4703.02
AMENDMENT NO. 5
Funding Agreement No. 9200000000F9620
Rev.: 03.08.2023 00 - Amendment 53
IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be duly executed and delivered as of the above date.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: _________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: _________________________________ Date: ____________________ Deputy
City of Baldwin Park
By: _________________________________ Date: ____________________ Emmanuel J Estrada
Mayor
APPROVED AS TO FORM:
By: __________________________________ Date: ____________________ Norma Tabares
City Attorney
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STAFF REPORT
ITEM NO. ______7_____
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation and Community Services
DATE: December 4, 2024
SUBJECT: Authorization to Award Contract to and Approve a Professional Services Agreement with SVA Architects, Inc. for the Teri G. Muse Family Service Center Conceptual Plans
SUMMARY
The purpose of this staff report is for the City Council to authorize the award of contract to and approve a Professional Services Agreement with SVA Architects, Inc. for the Teri G. Muse Family Service Center Conceptual Plans.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the Award of Agreement to SVA Architects, Inc. for the Teri G. Muse Family Service Center Conceptual Plans; and
2. Authorize the Mayor to execute Agreement and any other associated documents needed for the project; and
3. Authorize the Director of Finance to re-appropriate ARPA Funds and make necessary adjustments to the budget.
FISCAL IMPACT
There is no fiscal impact at this time to the General Fund. The anticipated cost estimate is $121,075, Fiscal Year 2024-25 CIP Budget (CIP22 -041) includes $90,000 allocation (account number 275 -60-726-58100-54001) of American Recovery Plan Act Funds. Staff recommends to authorize the Director of Finance to reappropriate ARPA Funds to fund the estimated costs of $121,075 and make necessary adjustments to the budget.
BACKGROUND
At their October 6, 2021 City Council meeting, City Council directed staff to add the Family Service Center to the preliminary ARPA list to construct a new facility. The proposed site is located at a City owned parking lot on Laurens Avenue adjacent to Morgan Park.
At their January 19, 2022, City Council meeting, staff recommended that City Council define the scope of work for the project, provide direction and authorize funding for the development of an initial conceptual design, environmental review, and an amendme nt to the Downtown Specific Plan, if needed. A fter Council discussion the City Council directed staff conceptual design options for a Family Service Center at the Morgan Street, and Laurens Avenue parking lot and parking structure.
At their August 3, 2022, City Council meeting, staff recommended that City Council define the scope of work for the project, provide direction and authorize funding for the development of an initial conceptual design. City Council directed staff to incorporate the staff’s input for best practices for a new conceptual design.
The Teri G. Muse Family Service Center has a long history of providing residents of the City with a centralized facility where non-profit, social, health and educational service providers can offer residents low cost or no cost programs, information, and/o r services to overcome daily challenges, achieve educational goals, and improve quality of life. Clients may access resources in person or via hybrid models. The current high need for social services across the community has demonstrated a need to expand t he facility requirements to ensure adequate space is available to meet the needs of the highly requested services. The existing facility is 5,150 square feet, which includes an executive board room, six (6) offices, kitchen, community pantry, meeting room and small assembly hall. Developing a concept plan will assist in furthering discussion.
DISCUSSION
At the direction of City Council, the City issued a Request for Proposals (RFP) for Professional Design Services to develop conceptual plans for the Teri G. Muse Family Service Center. The RFP outlined key requirements, including community engagement, and conceptual designs for one and two-story building options. Proposals were accepted until November 6, 2024, and three (3) submissions were received. The scope of the RFP includes development of two (2) preliminary conceptual plans for a one and two story building and providing a final conceptual plan for the one-story alternative and a final conceptual plan of the two-story alternative of the family service center. Conceptual plans shall include color site plans, floor plan(s), and building elevations for each of the alternatives. The conceptual plans shall incorporate elements from com munity feedback. The proposals received are listed below.
Firm Initial Base Bid Negotiated
Bid
Task 1
(Optional)
Task 2
(Optional)
SVA Architects, Inc. $140,575 $121,075 $25,000 $24,000
Infrastructure Architects $130,643 $14,000 $18,000
Mour Group Engineering & Design $84,400 $6,000 $70,300
The Recreation and Community Se rvices (RCS) Department conducted a thorough review of the proposals and identified SVA Architects, Inc. as the most qualified and responsive candidate. The firm has extensive experience with numerous cities and municipalities in delivering quality, functi onal and sustainable public facilities. The initial base bid submitted by SVA Architects, Inc. was $140,575, however RCS successfully negotiated the price down to $121,075 for a cost savings of $19,500.
The RFP outlined two optional tasks that are not inc luded in the Agreement: Task 1, which involves creating a 3D rendering and video fly-through of the project, and Task 2, to provide interior walk-through animation.
ALTERNATIVES
None being recommended.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Professional Service Agreement
2. RFP
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CITY OF BALDWIN PARK
PROFESSIONAL SERVICES AGREEMENT
1. P ARTIES AND DATE.
This Agreement is made and entered into this 21st day of January, 2025, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 E. Pacific Avenue, Baldwin Park , California 91706 ("City") and SVA ARCHITECTS, INC. a , CALIFORNIA CORPORATION, with its principal place of business at 6 HUTTON CENTRE DRIVE, SUITE SANTA ANA, CA 92707 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. R ECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain architectural design, landscaping design and cost estimating services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional a rchitectural design, landscaping d esign and cost estimating consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such a rchitectural design, landscaping design and cost estimating services for the Teri G. Muse Family Service Center Project (CIP22-041), ("Project") as set forth in this Agreement.
3. T ERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural design, landscaping design and cost estimating consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Ter
m . The term of this Agreement shall be from January 21, 2025, to January 21, 2026 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one (1) additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 65318.00352\32296842.2
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 S
chedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 C
onformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 S ubstitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who f ail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Robert M. Simons, AIA Partner & President.
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3.2.5 City's Representative . The City hereby designates Manuel Carrillo Jr., Director of Recreation & Community Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 C
onsultant's Representative. Consultant hereby designates Judy Cheng, MBA LEED AP , or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 C
oordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 S
tandard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a t hreat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 P
eriod of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is 65318.00352\32296842.2
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understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 E
mployment Eligibility; Consultant . By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 E
mployment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 E
mployment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 E qual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee 65318.00352\32296842.2
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or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicabl e laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 S
afety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 I
nsurance .
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Ty
pes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, suppl ement or endorse the policies to do so.
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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) li miting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability ; (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.2.11.4 Primary and Non- Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.5 W
aiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 D
eductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.
3.2.11.7 E vidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
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3.2.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.9 E nforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.11.10 R
equirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.11 A dditional Insurance Provisions.
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional 65318.00352\32296842.2
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insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 C
ompliance with Water Quality Laws, Ordinances and
Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 S
tandard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 L
iability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed anywhere in this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, 65318.00352\32296842.2
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willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described anywhere in this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One-hundred twenty-one thousand seventy- five dollars and zero cents ($121,075.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 P ayment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of C onsultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 R
eimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 E xtra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 R
ate Increases . In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California 65318.00352\32296842.2
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Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuat e the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor
Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 E
ffect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 A
dditional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 De livery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: SVA ARCHITECTS, INC
6 HUNTTON CENTRE DRIVE, SUITE 1150
SANTA ANA, CA 92707
ATTN: ROBERT M. SIMONS, AIA, PARTNER & PRESIDENT
City: CITY OF BALDWIN PARK
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
ATTN: MANUEL CARRILLO JR.
DIRECTOR OF RECREATION & COMM. SERVICES
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are pre pared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 S
ubconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Rig
ht to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 I
ndemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, 65318.00352\32296842.2
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pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 C
onfidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 C
ooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [
Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to 65318.00352\32296842.2
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indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.8 G
overning Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.9 Ti me of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 C ity's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.12 A ssignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.13 C onstruction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its 65318.00352\32296842.2
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elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 W aiver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 N
o Third- Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 P
rohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, sha ll have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 A
uthority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO
65318.00352\32296842.2
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PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF BALDWIN PARK AND SVA
ARCHITECTS, INC.
CITY OF BALDWIN PARK SVA ARCHITECTS, INC.
By: ____________________________ By: ______________________________ Emmanuel J. Estrada Robert M. Simons, AIA
Mayor Partner & President
Attest:
Christopher Saenz, City Clerk
Approved as to Form:
______________________________
Norma Tabares
Best Best & Krieger LLP
City Attorney
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
See Attached RFS
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
See Attached RFS
(BB&K Aug 2018)
65318.00352\32296842.2
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
See Attached Negotiated Fees
65431.00007\42447298.1
-1- RFP FOR PROFESSIONAL DESIGN
SERVICES
REQUEST FOR PROPOSALS
FOR
PROFESSIONAL DESIGN SERVICES FOR THE
TERI G. MUSE FAMILY SERVICE CENTER
CONCEPTUAL PLANS
4100 Baldwin Park Blvd.
Baldwin Park, CA 91706
626-960-4011
http://baldwinpark.com/
65431.00007\42447298.1
-2- RFP FOR PROFESSIONAL DESIGN
SERVICES
CITY OF BALDWIN PARK
REQUEST FOR PROPOSALS FOR
PROFESSIONAL DESIGN SERVICES FOR THE
TERI G. FAMILY SERVICE CENTER
CONCEPTUAL PLANS
INSTRUCTIONS TO PROPOSERS
I. BACKGROUND
The City of Baldwin Park (“City”) is centrally located in the San Gabriel Valley approximately 20 miles east of downtown Los Angeles with a total population of approximately 75,000 residents.
Baldwin Park is approximately 6.79 square miles and is surrounded by the cities of Irwindale, El Monte, Industry, West Covina and unincorporated portions of Los Angeles County. The park system contains four parks with, among other things, community centers, indoor pool, social service center, senior center, basketball courts, fitness zones, exercise equipment, a skate park, playgrounds, and open turf areas.
II. GENERAL
The City has prepared this Request for Proposals (“RFP”) and is requ esting proposals from qualified and interested architectural and engineering firms1 (“Proposers”) to complete conceptual plans for the future Teri G. Family Service Center, including preparing conceptual exhibits, making presentations, holding community meetings, and seeking community input, upon the terms and conditions contained herein (the “ Project”). All Proposers shall be properly licensed for the performance of the Services in accordance with California law.
The project is primarily being funded from the American Rescue Plan Act (ARPA). This project requires bidders to be registered with SAM.gov prior to submitting a bid. The Bidder shall include their assigned Unique Entity ID generated by SAM.gov in the proposal.
III. SCOPE OF SERVICES; PROFESSIONAL SERVICES AGREEMENT The scope of s ervices (“Services”) sought under this RFP are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference.
Notwithstanding the inclusion of such Services in the RFP, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.
IV. PUBLIC WORKS PREVAILING WAGE AND DIR CONTRACTOR REGISTRATION Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.
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-3- RFP FOR PROFESSIONAL DESIGN
SERVICES
applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City ’s office upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Proposer’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintai n active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the DIR.
V. CITY CONTACT
The principal contact for the City will be Manuel Carrillo Jr., Director of Recreation & Community Services, 626-813-5269, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.
VI. REQUESTS FOR CLARIFICATION
All questions, requests for interpretations or clarifications, either administrative or technical, must be requested in writing and directed to the City Contact, identified above. All written questions, if answered, will be answered in writing, conveyed to all interested firms , and posted on the City’s website. Oral statements by any person should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2:00 pm local time five (5) working days prior to the proposal deadline.
VII. PRE-PROPOSAL MEETING
Each Proposer is requested to attend a non-mandatory pre -proposal meeting to be held on Wednesday, October 23, 2024 from 3:00 pm to 4:00 pm at Teri G. Muse Family Service Center, 14305 East Morgan Street, Baldwin Park, CA 91706. Failure to attend this meeting will not preclude a Proposer from submitting a proposal . A ttendance at the pre -proposal meeting will ensure the Proposer understands the full scope of the Services requested.
VIII. PROPOSAL REQUIREMENTS
Proposal responses must adhere to the requirements set forth in this section, both for content and sequence. Failure to adhere to these requirements or the inclusion of conditions, limitations or misrepresentations may be cause for rejection of the submit tal. Use 8 -1/2” X 11” sheets (foldouts are acceptable for charts, etc.) and font size large enough to be easily legible, but not 65431.00007\42447298.1
-4- RFP FOR PROFESSIONAL DESIGN
SERVICES
smaller than 10 point. The original proposal and each subsequent copy must be submitted on paper, properly bound, appropriately tabbed and labeled in the following order:
A. Cover Letter. Provide a cover letter and introduction, including the name and address of the organization and individual submitting the proposal, together with the name, address, telephone and fax numbers, and e -mail address of the contact person who will be authorized to represent the organization, and an expression of the Proposer’s ability and desire to meet the requirements of this RFP. The letter must be signed by an individual authorized to bind the firm contractually.
B. Proposer Statement Of Qualifications. Describe the Proposer’s resources, experience, and capabilities as they relate to providing conceptual designs, exhibits and community outreach. Submit in the order identified below:
1. Executive Summary. An executive summary should briefly describe the Proposer’s qualifications and ability to perform the Services.
2. Q ualifications and Experience. The proposal should:
a. Provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
b. Any key staff members who would be involved in the performance of the scope of work. Provide their resumes, describe their experience, and identify their proposed role for the Project. c. State the number of years the firm has conducted business. d. Provide a description of the three (3) most relevant professional design contracts held within the last five (5) years.
3. Evidence Of California Licensing. The proposal should include appropriate documentation showing the Proposer is properly licensed in the State of California to perform the Services requested in the scope of work.
4. R
eferences. The Proposer shall provide a minimum of four (4) client references, preferably city, county, or special district governments for whom the Proposer has previously performed engineering activities of similar type and scope within the last five (5) years.
5. S
ubcontractors. The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if known at this time.
C. Proposed Method to Accomplish the Work. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Project, goals of the City , and general functions required. Include a draft schedule of tasks, milestones, and deliverables that will provide for timely provision of the Project.
In reviewing the scope of work, the Proposer may identify additional necessary tasks and is invited to bring these to the City ’s attention within the discussion of its proposed method to accomplish the Project.
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SERVICES
D. Certification of Proposal. This section shall state: “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” E. Sealed Fee Proposal. Please provide a lump sum, not -to-exceed fee proposal for the Project. The fee proposal shall be broken down by task and further broken down by staff, subconsultant costs, and expenses for each task. The fee proposal shall include hourly rates for all personnel. The fee proposal must be in a separately sealed envelope and properly identified as such.
IX. PROPOSAL CONSIDERATIONS
A. No Deviations from the RFP. In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement attached hereto as Exhibit “B”. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.
B. Collusion. By submitting a Proposal, each Proposer represents and warrants that its Proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly or indirectly induced or solicited any other person to submit a sham Proposal, or any other person to refrain from submitting a Proposal; and that the Proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a Proposal.
C. Conflicts of Interest. Proposers shall comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Proposers shall not be engaged if a conflict of interest exists.
D. Withdrawal of Proposals. A Proposer may withdraw its proposal before the expiration of the time for submission of proposals by notifying and requesting the City ’s representative remove the Proposer’s submission.
E. Financial Health and Reputation. The City reserves the right to consider the financial responsibility and general complexity of each Proposer, as well as its reputation within the industry to determine if the Proposer has the apparent ability to meet and complete successfully the requirements of the work. Upon request, the Proposer shall provide a financial statement, audited if necessary, in addition to any other information requested by the City.
F. Confidentiality of Proposal. Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement. If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret 65431.00007\42447298.1
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information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City , and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.
X. EVALUATION CRITERIA
The proposal evaluation criteria includes:
• Experience and history of performing similar services for a public agency or private property owner
• Qualified personnel and other resources to meet the scope of services • Proposal cost to perform the services
• Completeness, thoroughness, clarity, and neatness of proposal • References
• Proposed method to accomplish the Services
• Proper and current licenses and certifications
During the evaluation process, the City reserves the right, where it may serve the City 's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Project. The contract, if awarded, shall be to the most qualified Proposer, which submits the proposal that, in the sole judgment of City, is in the best interest of the City.
Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one (1) contract if desired.
After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement. 65431.00007\42447298.1
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XI. SITE CONTROL AND COMPLIANCE WITH ALL LAWS AND REGULATIONS The site designated for this project is located at 14305 East Morgan Street, Baldwin Park, CA 91706 (APN 8544-019-902 & APN 8544-019-910). It is assumed that the existing Teri G. Muse Service Center building and surrounding improvements, including the front of the parking lot, will be demolished for the purpose of the conceptual exhibits. Proposers shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.
XII. S UBMITTAL INSTRUCTIONS
The proposal must be received no later than 5pm local time, on or before Wednesday, November 7, 2024 at:
City of Baldwin Park
4100 Baldwin Park Blvd.
Baldwin Park, CA 91706
Attn: Manuel Carrillo Jr.
The envelope should clearly indicate "Proposal for (Project Name)" and Proposer's name and address shall appear in the upper left-hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Proposer, e.g. Envelope 1 of 3, as required. Submit a total of three (3) copies of your bid.
The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. Proposals received after this date will be returned to the P roposers unopened. Faxed or electronically submitted proposals will not be accepted.
XIII. PROTESTS
A. Protest Contents. Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline.
If necessary, the proposal submittal deadline may be extended pending a resolution of the protest.
Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the intended contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the intended contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest will waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.
B. City Review. The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by 65431.00007\42447298.1
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the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.
XIV. ADDENDA
The City reserves the right to revise the RFP prior to the time set to receive proposals. Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the proposal and made part of the RFP. Each Proposer shall leave with City its name, address, phone and fax numbers, and e-mail address for the purpose of receiving Addenda. City will cause copies of addenda to be mailed, faxed, delivered or e-mailed to such names at such addresses.
Proposers are responsible for ensuring that they have received any and all addenda. Each Proposer should contact the City to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.
XV. GENERAL CONDITIONS
A. Amendments to Proposals. Unless specifically requested by the City, n o amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.
B. Non-Responsive Proposals. A proposal may be considered non -responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.
C. Costs for Preparing. The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
D. C ancellation. City reserves the right to cancel this request for proposals at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other associated marketing costs.
E. Price Validity. P rices provided by Proposers are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.
F. N o Commitment to Award. Issuance of request for proposals and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received, to negotiate with more than one Proposer concurrently, or to cancel all or part of this request for proposals.
G. Right to Negotiate and/or Reject Proposals. City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any 65431.00007\42447298.1
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irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City ’s requirements.
END INSTRUCTIONS TO PROPOSERS
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BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT
EXHIBIT “A”
SCOPE OF SERVICES
The City of Baldwin Park requires the services of a professional architectural consultant firm for programming, planning and conceptual design for the aforementioned project areas under Section I.
I. The professional architecture consultant firm shall prepare conceptual exhibits, make presentations, hold community meetings, and seek community input . The proposal shall identify tasks to be included as part of the project. At a minimum, these tasks shall include:
A. Architectural Programming (AP)
1. The consultant shall meet with the City staff (Recreation & Community Services and Public Works departments) for Architectural Programming (AP) part of the project prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with the City Council, and other entities as well as staff at various stages of the project as needed. The consultant shall also complete the following:
a. Discuss the building layout and floor plan layout with City staff. b. Review and evaluate options for site elements.
B. Conceptual Designs
1. The consultant shall provide final one- story conceptual plans of the Teri G.
Family Service Center. The design shall be based on community input from residents and stakeholders as well as City staff. Submittals shall include 30%, 65%, 90%, 100% and final submittals of the conceptual plans.
2. The c onsultant shall provide final two-story conceptual plans of the Teri G.
Family Service Center. The design shall be based on community input from residents and stakeholders as well as City staff. Submittals shall include 30%, 65%, 90%, 100% and final submittals of the conceptual plans.
3. All conceptual plans shall be dimensioned and shall be 24”x36” . The conceptual plans shall include colored site plans , floor plans, and facility elevations. Floor plans shall include location and configuration of the elements planned for the building. Site plans shall include the conceptual layouts of the exterior improvements and building footprint . The consultant shall analyze the existing parking lot configuration fronting the proposed building footprint and include any necessary sidewalk, curb ramps, and accessible parking stalls on the site plan. The site plan shall include any 65431.00007\42447298.1
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parking lot improvements/reconfigurations necessary to provide the required number of accessible parking spaces required by state law.
4. Preparation of construction and maintenance & operations (M&O) cost estimates for both the one- story and two- story options . M&O cost shall include best practices for staffing, utility costs, repairs, etc.
5. Design all improvements fully accessible per American with Disabilities (A.D.A.) guidelines.
6. Optional Task 1: Provide a minimum of four (4) 3D exterior renderings of the final one-story alternative and a minimum of four (4) 3D exterior renderings of the final two-story alternative. The 3D renderings shall also include a video fly-through animation of the exterior of the building.
7. O ptional Task 2: Provide interior video walk-through animation of the interior of the building.
C. City Council Presentations and Public Engagement Meetings
1. Attend at a minimum the following meetings: Three (3) community engagement meetings to receive public input regarding the conceptual designs for t he Teri G. Family Service Center ; and up to two (2 ) City Council/SOC board presentations to provide input and updates on the project.
Presentations may be either in-person and/or virtual to the public. The format shall be at the discretion of City staff. The task includes materials, visual and models to communicate the ideas of the architectural designs.
2. Bi-weekly project delivery team (PDT) meetings as -needed with the appropriate staff and stakeholders. Bi-weekly meetings may be held virtually or in person as needed, and at the discretion of the City.
3. The consultant will keep an open dialogue with staff and work closely with the Project Team to ensure the conceptual plans reflect the vision and priorities of the City of Baldwin Park. The consultant will be responsible for the development of all graphics, maps, hand-outs, and other materials necessary for successful meetings, workshops, presentations, study sessions, etc.
The consultant shall include a public survey as part of the community outreach. The consultant shall collaborate with City staff to determine the appropriate format and approach for conducting the public survey.
The proposals shall identify the following project tasks/elements:
Teri G. Muse Family Service Center
The site designated for this project is located at 14305 East Morgan Street, Baldwin Park, CA 91706. It is assumed that the existing Teri G. Family Service Center building and surrounding improvements will be demolished for the purpose of the conceptual exhibits.
The anticipated footprint of the one- story alternative building is 12,000 square feet and 65431.00007\42447298.1
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the two-story alternative building is 24,000 square feet. Conceptual plans shall include the following project tasks/elements:
1. Main entrance front lobby.
2. Restrooms facilities.
3. Executive board room/open space.
4. Multi-purpose room for larger gatherings.
5. Kitchen facilities.
6. Twelve (12) total office spaces.
7. Conference room with seating for twelve (12) total occupants.
8. General storage room for equipment and supplies.
9. T able and chair storage, pantry storage, and additional closet storage.
10. Supply room for janitorial supplies, separate janitorial room with sink.
11. Break room including seating, sink with hot water, microwave, refrigerator, and cabinets. Break room shall include a small restroom for staff.
12. Spanish style designs to complement existing structures located in the adjacent Morgan Park.
13. Existing roundabout shall include a drop-off zone.
14. Existing westerly patio space may be reduced or eliminated.
15. All door openings to be 42” wide.
16. Exterior Solar LED Pedestrian Lighting.
17. Green infrastructure, consistent with the City’s General Health Plan and Sustainability Element.
18. Drought tolerant native planting with smart water irrigation system.
19. Cloud-based surveillance systems compatible with the existing City’s Verkada Surveillance Network.
20. Eliminate small parking lot fronting the building to serve for additional building space as needed.
Deliverables
• The Consultant shall provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. The City is seeking a quick time frame for completion of the conceptual plans. • Provide all graphics, maps, surveys, hand-outs, and other materials necessary for successful meetings, workshops, presentations, study sessions, etc. • Provide report summarizing the results of the public engagement meetings with community, stakeholders, and City Council
• Provide final conceptual plan for the one-story alternative and final conceptual plan of the two-story alternative of the family service center. Conceptual plans shall include color site plan, floor plan(s), and building elevations for each of the alternatives. The conceptual plans shall incorporate elements from community feedback. Deliverables shall include 30%, 65%, 90%, 100%, and final submittals of the conceptual plans.
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• Optional Deliverable 1: Provide a minimum of four (4) 3D exterior renderings of the final one-story alternative and a minimum of four (4) 3D exterior renderings of the final two-story alternative. The 3D renderings shall also include a video fly- through animation of the exterior of the building.
• Optional Deliverable 2: Provide interior video walk-through animation of the of the interior of the building.
• Construction and maintenance & operations (M&O) cost estimates for the one- story alternative and the two-story alternative.
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EXHIBIT “B”
CITY OF BALDWIN PARK
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Baldwin Park , a California municipal corporation ("City") and [***INSERT NAME OF COMPANY] , a [INSERT TYPE OF BUSINESS; I.E.,
CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.***] , with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [***INSERT TYPE***] services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE*** ] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [ ***INSERT DATE***] to [***INSERT DATE ***], unless earlier terminated as provided herein. [***INSERT THE
FOLLOWING SENTENCE FOR MULTI -YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within 65431.00007\42447298.1
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the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 P
ayment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as approp riate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 R
eimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 E xtra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authoriz ation from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, 65431.00007\42447298.1
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unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously . Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 C onformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 S ubstitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
[***INSERT NAME AND TITLE***].
3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (" City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City 's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 C
oordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 S tandard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 65431.00007\42447298.1
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shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City , shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may stil l terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification. 65431.00007\42447298.1
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3.3.10.1 Compliance with Laws . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 E mployment Eligibility; Consultant . Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 E qual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 A ir Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management City (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 W ater Quality Management and Compliance . Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 S
afety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 65431.00007\42447298.1
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shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Ty pes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, suppl ement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 65431.00007\42447298.1
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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non- Contributing Insurance . All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 W aiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City , its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City , its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.
3.3.11.7 E vidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City . If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 A
cceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 E
nforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 R equirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 A dditional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold 65431.00007\42447298.1
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amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal 65431.00007\42447298.1
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place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 C
ompliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City . Consultant shall defend, indemnify and hold the City , its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor
Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 E
ffect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 65431.00007\42447298.1
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3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City . Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 I
ndependent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7 .2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, 65431.00007\42447298.1
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and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 De
livery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: [***INSERT BUSINESS NAME***]
[***INSERT STREET ADDRESS***]
[***INSERT CITY STATE ZIP***]
ATTN: [***INSERT NAME AND TITLE***]
City: City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
ATTN: Manuel Carrillo Jr.
Director of Recreation & Community Services
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are pre pared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City , and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 65431.00007\42447298.1
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shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Rig
ht to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 I
ndemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 C onfidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 65431.00007\42447298.1
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3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City 's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 C
ooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 E
ntire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 A
ttorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recov er from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 G overning Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 Cit y 's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.7.11 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City . Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 C
onstruction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 A
mendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 W aiver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 N
o Third- Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 P
rohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agr eement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 A
uthority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 65431.00007\42447298.1
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warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 S urvival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND
[***INSERT NAME***]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF BALDWIN PARK [INSERT NAME OF CONSULTANT]
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
[INSERT NAME]
[INSERT TITLE]
Attested By:
City Clerk
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
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BB&K (2020) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
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BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
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BB&K (2020) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
STAFF REPORT
ITEM NO. ____8____