Lease Communication System and Services Agreement v.2023.05.24 22 any licensor or sup plier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PREC EDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as i t applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
Lease Communication System and Services Agreement v.2023.05.24 23 Exhibit B
PAYMENT
For the System purchase financed through Motorola, please refer to the payment schedule included in the Equipment Lease-Purchase Agreement
If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable Addenda.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan, or as otherwise stated in the applicable addenda.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours.
Travel expenses are not included in these rates and may be charged separately.
The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf.. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
Lease Communication System and Services Agreement v.2023.05.24 24 Exhibit E
EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below (“Equipment”) and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agr eement executed by Lessee (Customer) and Lessor.
Equipment Lease Purchase Agreement No.: ______________
Lease Schedule A No. : ______________
EQUIPMENT INFORMATION
QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
_______________. See Schedule A for a detailed
Equipment List.
LESSEE/CUSTOMER:
By: ______________________________________
Title:_____________________________________
Date: ____________________________________
Please complete this form and send a copy via US mail or email to:
Motorola Solutions Credit Company LLC
Attn: Bill Stancik, Finance Manager | 500 W. Monroe, 44th Floor | Chicago, IL 60661 Email: [email protected] | Telephone: (847) 538-453
Subscription Services Addendum 1
Subscription Services Addendum
This Subscription Services Addendum to the Communications System and Services Agreement or other previously executed and currently in force agreement, as applicable (“Primary Agreement”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“ Motorola”) and the entity set forth in the signature block below or in the Primary Agreement (“ Customer”) ( “SSA”). Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the Primary Agreement.
1. Addendum.
1.1. Scope. This SSA governs Customer’s purchase of Subscription Services (and, if set forth in an Ordering Document, related Services) from Motorola and provides additional and/or different terms and conditions that govern the sale of Subscription Services. This SSA will be subject to, and governed by, the terms of the Primary Agreement. To the extent there is a conflict or inconsistency between the terms and conditions of the SSA and an associated Ordering Document, the terms and conditions of the Ordering Document will take precedence over the SSA.
Additional Subscription Services -specific Addenda or other terms and conditions may apply to certain Subscription Services, where such terms are provided or presented to Customer.
1.2. Definitions. Capitalized terms used in this SSA shall have the following meanings:
1.2.1. “Authorized Users” shall mean Customer’s employees, full -time contractors engaged for the purpose of supporting the Subscription Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include a ffiliates or other Customer agencies.
1.2.2. “Customer Contact Data” shall mean data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes.
1.2.3. “Customer Data” shall mean data, information, and content, including ima ges, text, videos, documents, audio, telemetry and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Subscription Services. Customer Data does not include Custome r Contact Data, Service Use Data, or information from publicly available sources or other Third -Party Data or Motorola Data;
1.2.4. “Customer-Provided Equipment” shall mean certain components, including equipment and software, not provided by Motorola that may be required for use of the Subscription Services.
1.2.5. “Documentation” shall mean documentation for the Subscription Services, Motorola Software, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information.
1.2.6. “Equipment” shall mean hardware provided by Motorola.
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1.2.7. “Feedback” shall mean comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end u sers, in connection with or relating to the Products or Services.
1.2.8. “Fees” shall mean fees and charges applicable to the Subscription Services and set forth in an Ordering Document.
1.2.9. “Motorola Data” shall mean data owned or licensed by Motorola;
1.2.10. “Ordering Documents” shall mean statements of work, technical specifications, and other ordering documents setting forth the Subscription Services to be purchased by Customer and provided by Motorola.
1.2.11. “Process” or “Processing” shall mean any operation or set of operat ions which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, con sultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.2.12. “Service Use Data” shall mean data generated by Customer’s use of the Subscription Services or by Motoro la’s support of the Subscription Services, including personal information, location, monitoring and recording activity, product performance and error information, activity logs and date and time of use;
1.2.13. “Subscription Services” shall mean hosted software -as-a-service provided to Customer, and other software which is either preinstalled on Equipment or installed on Customer - Provided Equipment and licensed to Customer by Motorola on a subscription basis.
1.2.14. “Subscription Software” shall mean software which is either preinstalled on Equipment or installed on Customer -Provided Equipment and licensed to Customer by Motorola on a subscription basis associated with the Subscription Services.
1.2.15. “Third-Party Data” shall mean information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Subscription Services.
2. Delivery of Subscription Services.
2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Services set forth in an Ordering Document, in accordance with the terms of this SSA. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer’s receipt of credentials required for access to the Subscription Services or upon Motorola otherwise providing access to the Subscription Services. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Services.
2.2. Modifications. Motorola may modify the Subscription Services, any associated recurring Services and any related systems so long as their functionality (as descr ibed in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Services may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Services may be subject to additional Fees.
Subscription Services Addendum 3
2.3. User Credentials . If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Services, and Customer will ensure such administrative user credentials are accessed and used only by Custome r’s employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential va lidity, including by updating passwords. Customer will be liable for any use of the Subscription Services through such user credential (including through any administrative user credentials), including any changes made to the Subscription Services or issue s or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Services through user credentials, including through any administrative user credential s, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms provided herein.
2.4. Beta Services . If Motorola makes any beta version of a software application (“ Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Be ta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered “as -is” and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.
2.5. Equipment Title. Unless Customer is purchasing equipment pursuant to the terms in the Primary Agreement and unless stated differently in this SSA or in the Ordering Documents, title to any Equipment provided to Customer in connection with the Subscription Service s remains vested in Motorola at all times. Any sale of equipment pursuant to this SSA will be governed by the terms and conditions set forth in the Primary Agreement.
3. Subscription Software License, Restrictions, and Obligations.
3.1. Subscription Software License. Subject to Customer’s and its Authorized Users’ compliance with this SSA, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non -transferable, non -sublicenseable, and non -exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer’s internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering D ocument (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provided, however, that Author ized Users using authorized mobile or handheld devices may also log into and access the Subscription Services remotely from any location. No custom development work will be performed under this Addendum.
3.2. End User Licenses . Notwithstanding any provision to the contrary in this SSA, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third -party software, such as open source software, included in the Subscription Software. Customer will comply, and ensure its Authorized Users comply, with such additional license agreements.
3.3. Customer Restrictions . Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant juris dictions in connection with their use of the Subscription Services. Customer will not, and will not allow others
Subscription Services Addendum 4
including the Authorized Users, to make the Subscription Software and Subscription Services available for use by unauthorized third parties, in cluding via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or Subscription Services or any portion thereof to a human -readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software or Subscription Services with other software; copy, reproduce, distribute, lend, or lease the Subscription Software, Subscription Services or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Services, or Documentation to be placed in the public domain; use the Subscription Software or Subscription Services to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software or Subscription Services to store or transmit malicious code; or attempt to gain unauthorized acces s to the Subscription Software, Subscription Services or its related systems or networks.
3.4. Customer-Provided Equipment. Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer -Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Subscription Services under this SSA, and such access and use will not violate any laws or infringe any third -party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer- Provided Equipment, and Customer will immediately notify Motorola of any Customer -Provided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Subscription Services under th is SSA, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document.
3.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Custom er or third -party software, services, content, and data that is not provided by Motorola (collectively, “Non -Motorola Content”) with or through the Subscription Services . If Customer accesses, uses, or integrates any Non -Motorola Content with the Subscription Services, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non -Motorola Content in connection with the Subscription Services. Customer will also obtain the necessary rights for Motor ola to use such Non -Motorola Content in connection with providing the Subscription Services, including the right for Motorola to access, store, and process such Non-Motorola Content, and to otherwise enable interoperation with the Subscription Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non -Motorola Content with the Subscription Services, and that Customer and its Authorized Users will comply with a ny terms and conditions applicable to such Non-Motorola Content. If any Non-Motorola Content require access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non - Motorola Content to access Customer Data, in connection with the interoperation of such Non - Motorola Content with the Subscription Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Content or failure to properly interoperate with the Subscription Services). If Customer receives notice that any Non -Motorola Content must be removed, modified, or disabled within the Subscription Services, Customer will promptly do so. Motorola will have the right to disable or remove Non -Motorola Content if Motorola believes a violation of law, third -party rights, or Motorola’s policies is likely to o ccur, or if such Non-Motorola Content poses or may pose a security or other risk or adverse impact to the Subscription Services, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Nothing in this Section will limit
Subscription Services Addendum 5
the e xclusions set forth in Section 14.3 – Intellectual Property Infringement of the Primary Agreement.
4. Term.
4.1. Subscription Terms. The duration of Customer’s subscription to the Subscription Services and any associated recurring Services ordered under this SSA (or the first Subscription Services or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Services (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer per iod identified in an Ordering Document (the “ Initial Subscription Period”). Following the Initial Subscription Period, Customer’s subscription to the Subscription Services and any recurring Services will automatically renew for additional twelve (12) month periods (each, a “ Renewal Subscription Year”), unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then -current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a “Subscription Term”.) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to c ommencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional or subsequent Subscription Services or recurring Services under this SSA during an in -process Subscription Term, the subscription for each such additional or subsequent Subscription Services or recurring Service will (a) commence upon delivery of such Subscription Services or recurring Service, and continue until the conclusion of Customer’s then -current Subscripti on Term (a “ Partial Subscription Year ”), and (b) automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then -current Subs cription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Services and recurring Services hereunder will be synchronized.
4.2. Term. The term of this SSA (the “ SSA Term”) will commence upon either (a) the Effective Date of the Primary Agreement, if this SSA is attached to the Primary Agreement as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the Primary A greement Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Primary Agreement is earlier terminated in accordance with the terms of the Primary Agreement.
4.3. Termination. Not withstanding the termination provisions of the Primary Agreement , Motorola may terminate this SSA ( or any Addendum or Ordering Documents hereunder) , or suspend delivery of Subscription Services or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 – Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Services terms of service, Subscription Software license scope, or other terms set forth in an Addendum or Ordering Document, or (b) it determines that Customer’s use of the Subscription Services poses, or may pose, a security or other risk or adverse impact to any Subscription Services, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Services and Documentation, and that Customer’s breach of this SSA will result in irreparable harm to Moto rola for which monetary damages would be inadequate. If Customer breaches this SSA, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief).
Subscription Services Addendum 6
4.4. Return of Discount. If Customer is afforded a discount in exchange for a term commitment longer than one -year, early termination by Customer will result in an early termination fee, representing a return of the discount off of list price.
4.5. Cancellation Fee. If a minimum Initial Subscription Period applies and Customer terminates prior to the end of the minimum Initial Subscription Period , Customer will be required to pay a cancellation fee of up to fifty percent (50%) of the remaining balance of subscription fees for the minimum Initial Subscription Period.
4.6. No Refund. If a subscription is terminated for any reason prior to the end of the Subscription Term, other subscription period set forth in the Ordering Documents, or otherwise agreed to in writing by the Parties, no refund or credit will be provided.
4.7. Suspension of Services. Motorola may terminate or suspend any Subscription Services or Services under an Ordering Document if Motorola determines: (a) the related Subscription Software license has expired or has terminated for any reason; ( b) the applicable Subscription Services i s being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform.
4.8. Wind Down of Subscription Services . In addition to the termination rights in the Primary Agreement, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Services or Services to customers.
4.9. Effect of Termination or Expiration . Upon termination for any reason or expiration of the Primary Agreement, this SSA, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction. If Customer has any outstanding payment obligations under this SSA, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Subscription Services already delivered. Customer has a duty to mitigate any damages under this SSA, including in the event of default by Motorola and Customer’s termination of this SSA.
5. Payment.
5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the Primary Agreement), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Services and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Services and associated recur ring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Services and any recurring Services if Customer fails to make any payments when due.
5.2. No Price Guarantee. Notwithstanding any language to the contrary, the pricing and Fees associated with this SSA will not be subject to any most favored pricing commitment or other similar low price guarantees.
5.3. Taxes. The Fees do not i nclude any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all
Subscription Services Addendum 7
of which will be paid by Customer, except as exempt by law, unless otherwise specified in a n Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Subscription Services for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth.
5.4. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate p ermitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order o r other notice to proceed is not required for payment for the Subscription Services.
5.5. License True -Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Services during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer’s usage of the Subscription Services during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for t he additional license s used by Customer, pro - rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the Primary Agreement.
6. Liability.
6.1. ADDITIONAL EXCLUSIONS. THE SUBSCRIPTION SERVICES ARE PROVIDED “AS -IS”.
IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE PRIMARY
AGREEMENT, AND NOTWITHSTANDING ANY PROVISION OF PRIMARY AGREEMENT TO
THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA,
INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF
ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; (E) BETA SERVICES; (F) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE SUBSCRIPTION SERVICES; (G) CUSTOMER-PROVIDED EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR
THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY
MATERIALS, OR THE COMBINATION OF SUBSCRIPTION SERVICES WITH ANY OF THE FOREGOING; (H) LOSS OF DATA OR HACKING; (I) MODIFICATION OF SUBSCRIPTION SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (J) RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE SUBSCRIPTION SERVICES; (K) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (L) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS SSA OR MISUSE OF THE SUBSCRIPTION SERVICES.
6.2. Voluntary Remedies . Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issue s in the Primary Agreement or Section 6.1 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.
Subscription Services Addendum 8
7. Proprietary Rights; Data; Feedback.
7.1. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from thi rd parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) (collectively, “Motorola Mat erials”). The Subscription Services, Motorola Data, Third -Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an Ordering Document or under the Primary Agreement, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know- how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this SSA does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise.
Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Subscription Services or other Motorola Materials, or permit any third party to do so.
7.2. Ownership of Customer Data . Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motor ola acquires no rights to Customer Data except those rights granted under this SSA including the right to Process and use the Customer Data as set forth in Section 7.3 – Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub-processors pursuant to Section 7.3.3 – Sub-processors.
7.3. Processing Customer Data.
7.3.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty -free, worldwide, non - exclusive license to use Customer Data (including to process, host, cache, store, r eproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Subscription Services under this SSA , (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola products and services, and (c) create new products and services. Customer agrees that this SSA, along with the Documentation, are Customer’s complete and final docum ented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to Motorola that Customer’s instructions, including appoi ntment of Motorola as a processor or sub-processor, have been authorized by the relevant controller.
7.3.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer’s collection, creation, and use of the Customer Data (including in connection with the Subscription Services ), and Motorola’s use of such Customer Data in accordance with this SSA, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellec tual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has
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obtained all required consents, provided all necessary notices, and met any other applicable legal requirem ents with respect to collection and use (including Motorola’s and its subcontractors’ use) of the Customer Data as described in this SSA.
7.3.3. Sub-processors. Customer agrees that Motorola may engage sub -processors who in turn may engage additional sub-processors to Process personal data in accordance with this SSA.
When engaging sub-processors, Motorola will enter into agreements with the sub -processors to bind them to data processing obligations to the extent required by law.
7.4. Data Retention and Deletion . Except for anonymized Customer Data, as described above, or as otherwise provided under this SSA , Motorola will delete all Customer Data following termination or expiration of this SSA, the applicable Addendum, or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 17.7 – Notices of the Primary Agreement .
Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Mo torola through a mutually executed Ordering Document.
7.5. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, res earch or other business purposes. Service Use Data may be disclosed to third parties. It is Customer’s responsibility to notify Authorized Users of Motorola’s collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer represents and warrants to Motorola that it has complied and will continue to comply with this Section.
7.6. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Subscription Services . Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third -Party Data provider, as describe d in an Ordering Document or Subscription Services -specific Addendum.
Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than Customer’s internal business purposes; (b) disclose the data to third parties; (c) “white label” such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or us e the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third-Party Data will immediately terminate upon termination or expirati on of the applicable Addendum, Ordering Document, or this SSA. Further, Motorola or the applicable Third -Party Data provider may suspend, change, or terminate Customer’s or any Authorized User’s access to Motorola Data or Third -Party Data if Motorola or su ch Third -Party Data provider believes Customer’s or the Authorized User’s use of the data violates this SSA, applicable law or Motorola’s agreement with the applicable Third -Party Data provider. Upon termination of Customer’s rights to use any Motorola Dat a or Third -Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola.
Subscription Services Addendum 10
Notwithstanding any provision of this SSA to the contrary, Motorola will have no liability for Third- Party Data or Motorola Data available through the Subscription Services. Motorola and its Third - Party Data providers reserve all rights in and to Motorola Data and Third -Party Data not expressly granted in an Addendum or Ordering Document.
7.7. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer.
Motorola may use, reproduce, license, and otherwise distribute and expl oit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.
7.8. Improvements; Products and Services . The Parties agree that, notwithstanding any provision of this SSA or Primary Agreement to the contrary, all fixes, modifications and improvements to the Subscription Services conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.
7.9. Motorola as a Controller or Joint Controller . In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a jo int controller with Customer, the Parties will enter into a separate Addendum to the Primary Agreement to allocate the respective roles as joint controllers.
8. Security.
8.1. Industry Standard. Motorola will maintain industry standard security measures to protect the Subscription Services from intrusion, breach, or corruption. During the term of this SSA, if the Subscription Services enables access to Criminal Justice Informat ion (“CJI”), as defined by the Criminal Justice Information Services Security Policy (“CJIS”), Motorola will provide and comply with a CJIS Security Addendum. Any additional security measure desired by Customer may be available for an additional fee.
8.2. Background checks. Motorola will require its personnel that access CJI to submit to a background check based on submission of FBI fingerprint cards.
8.3. Customer Security Measures. Customer is independently responsible for establishing and maintaining its own pol icies and procedures and for ensuring compliance with CJIS and other security requirements that are outside the scope of the Subscription Services provided. Customer must establish and ensure compliance with access control policies and procedures, includin g password security measures. Further, Customer must maintain industry standard security measures. Motorola disclaims any responsibility or liability whatsoever for the security or preservation of Customer Data or Customer Contact Data once accessed or vi ewed by Customer or its representatives. Motorola further disclaims any responsibility or liability whatsoever that relates to or arise from Customer's failure to maintain industry standard security measures and controls, including but not limited to lost or stolen passwords. Motorola reserves the right to terminate the Subscription Services if Customer’s failure to maintain or comply with industry
Subscription Services Addendum 11
standard security and control measures negatively impacts the Subscription Services or Motorola’s own security measures.
8.4. Breach Response Plan. Both parties will maintain and follow a breach response plan consistent with the standards of their respective industries.
9. General Provisions.
9.1. Third-Party Beneficiaries. This SSA is entered into solely between, and may be enforced only by, the Parties. Each Party intends that this SSA will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third -party software included in the software Products will be a direct and intended third-party beneficiary of this SSA.
9.2. Cumulative Remedies. Except as specifically stated in this SSA, all remedies provided for in this SSA will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this SSA, the election by a Party of any remedy provided for in this SSA or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.
9.3. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Subscription Services, which may also include access by Motorola to Customer Data and Service Use Data.
Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Mot orola in any monitoring or audit. Customer will maintain during the Subscription Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this SSA to verify compliance with this SSA . Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of this SSA , in which case Customer will be responsible for such expenses and costs.
9.4. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 – Term; Section 5 – Payment; Section 6.1 – Additional Exclusions ; Section 7 – Proprietary Rights; Data, Feedback, Section 8 – General Provisions, and where the context of any section indicates an intent that such section shall survive the term of this SSA, then such section shall survive.
END
CHANGE ORDER
#01
Change Order Number: 1
Date: 8/19/25
Project Name and Number: USCA24D063 - APX Subscribers & Radio Mgmt.
Customer Name: Baldwin Park PD
Customer Project Mgr: Captain Joshua Hendricks / Lt. Jeremy Cross
The purpose of this Change Order is to:
The parties agree to modify the project completion date along with equipment to be provided by Motorola and Contract Price, as further described herein.
Contract Project
Identifier (Name or
Number):
MSI Municipal Lease
#25506 Contract Date: 3/20/2024
In accordance with the terms and conditions of the contract identified above between Stockton Unified School District and Motorola Solutions, Inc., the following changes are approved:
Contract Price* Adjustments
Original Contract Price: $1,270,153.94
Previous Change Order amounts for Change Order
numbers [NA] through [NA]:- $0
This Change Order: ($25,000)
Contract Credit (If Applicable): $0
New Contract Price: $1,245,153.94
*“Contract Price” does not include taxes.
Completion Date Adjustments
Original Completion Date: 12/20/2024
Current Completion Date prior to this Change Order: NA
New Completion Date: 9/30/2025
CHANGE ORDER
#01
Equipment Changes: (additions, deletions or modifications) New equipment for this change order is included in the attached proposal [Baldwin Park E5 RM CH, APX8000s QUOTE-3143753-3], which is incorporated herein by reference and will form a part of this Change Order as if set forth herein in its entirety.
The parties agree to add the following equipment from Section 4 (Equipment List):
● Qty 4, E5 Control Heads
● Qty 6, APX 8000 portable radios
● Qty 6, BATT IMPRES 2 LIION R IP68 5100T
● Qty 3, Mobiles with MC O5 Control Heads
The parties agree to delete the following equipment from Section 4 (Equipment List) ● 8 Mobiles with O3 Control Heads
● 9 Mobiles with E5 Control Heads
Scope of Work Changes: (additions, deletions or modifications) N/A
SUA/Support Service Changes: (additions, deletions or modifications) N/A
Schedule Changes: (describe change or N/A)
The parties have agreed that the project completion date is moved from 12-20-2024 to 09-30- 2025.
Contract Price Changes: (describe change or N/A)
The parties agree to decrease the Contract Price by $25,000.00 resulting in a new contract price $1,245,153.94:
Removed Equipment $(115,617.00) Additional SI Integration Services (PM, ENG) $ 23,555.00 Additional Equipment $ 67,062.00 TOTAL CO $(25,000.00)
Customer Responsibilities: (describe change or N/A)
N/A
Payment Schedule for this Change Order:
(describe new payment terms applicable to this change order) This credit will be applied to the next lease payment scheduled for 4/1/2026.
CHANGE ORDER
#01
Purchase Order Requirements for this Change Order (select only one). ⬜ A Purchase Order is required - included with this change order and is attached.
X No Purchase Order is required - Customer affirms that this change order document is the only notice to proceed required, that funding has been encumbered for this change order in its entirety, and that no further purchase orders will be issued against this change order, ⬜ No Purchase Order required - this is a $0 Change Order, or a decrease in scope.
Unless amended above, all other terms and conditions of the Contract shall remain in full force.
If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract, the provisions of this Change Order will prevail.
IN WITNESS WHEREOF the parties have executed this Change Order as of the last date signed below.
Motorola Solutions, Inc. Customer
By: By:
Printed Name: Laurel Walling Printed Name:
Title: Field Resource Manager Title:
Date: 8/20/2025 Date:
Reviewed by:
Tushar Chadha Date: 08/19/25
Motorola Solutions Project Manager
Billing Address:
BALDWIN PARK POLICE DEPT,
CITY OF
14403 E PACIFIC AVE
BALDWIN PARK, CA 91706
US
Quote Date:07/10/2025
Expiration Date:09/08/2025
Quote Created By:
Amir Zargarian
Amir.Zargarian@
motorolasolutions.com
End Customer:
BALDWIN PARK POLICE DEPT, CITY OF
Sergio Garcia
[email protected]
626-828-9817
Contract: 36925 - GLENDALE MPA -
8001608
Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET
Line #
Item Number
Description
Qty
List Price
Ext. List Price
Sale Price
Ext. Sale Price
APX™ Control Head/
Mounting Kits/DEK
BOX/Multiplexers
1 H1930A
E5 CH
4 $767.00
$3,068.00
$559.91
$2,239.64
1a
GA01755AA
ADD: E5 REMOTE CHIB
4 $148.00
$592.00
$108.04
$432.16
1b
W22BA
ADD: STD PALM
MICROPHONE APX
4 $85.00
$340.00
$62.05
$248.20
1c
G142AD
ADD: NO SPEAKER APX
4 $0.00
$0.00
$0.00
$0.00
1d
GA01282AA
ADD: NO REMOTE TIB
4 $0.00
$0.00
$0.00
$0.00
1e
GA01301AA
ADD: NO PWR CBL
4 $0.00
$0.00
$0.00
$0.00
1f
G628AC
ADD: REMOTE MOUNT
CABLE 17 FT APX
4 $18.00
$72.00
$13.14
$52.56
1g
GA01296AA
ADD: ACCESSORY CABLE
4 $35.00
$140.00
$25.55
$102.20
APX™ 8000 Series
APX8000
2 H91TGD9PW7AN
PORTABLE RADIO APX 8000
ALL BAND MODEL 3.5
6 $8,651.00
$51,906.00
$6,315.23
$37,891.38
2a
QA05573AA
ALT: LI-ION IMPRES 2 IP68
5100MAH
6 $167.40
$1,004.40
$122.20
$733.20
2b
Q806CB
ADD: ASTRO DIGITAL CAI
OPERATION
6 $607.00
$3,642.00
$443.11
$2,658.66
QUOTE-3143753
E5 RM CH, APX 8000s
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Line #
Item Number
Description
Qty
List Price
Ext. List Price
Sale Price
Ext. Sale Price
2c
Q361AN
ADD: P25 9600 BAUD
TRUNKING
6 $353.00
$2,118.00
$257.69
$1,546.14
2d
QA00580AA
ADD: TDMA OPERATION
6 $530.00
$3,180.00
$386.90
$2,321.40
2e
Q15AJ
ADD: AES/DES-XL/DES-OFB
ENCRYPTION AND ADP
6 $941.00
$5,646.00
$686.93
$4,121.58
2f
QA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING
6 $0.00
$0.00
$0.00
$0.00
2g
QA09001AB
ADD: WIFI CAPABILITY
6 $353.00
$2,118.00
$257.69
$1,546.14
2h
Q498AU
SOFTWARE LICENSE ENH:
ASTRO 25 OTAR W/
MULTIKEY
6 $871.00
$5,226.00
$635.83
$3,814.98
2i
H38BS
ADD: SMARTZONE
OPERATION
6 $1,766.00
$10,596.00
$1,289.18
$7,735.08
2j
QA09113AB
ADD: BASELINE RELEASE
SW
6 $0.00
$0.00
$0.00
$0.00
2k
G996AP
ADD: PROGRAMMING OVER
P25 (OTAP)
6 $118.00
$708.00
$86.14
$516.84
2l
QA05100AA
EHN: STD 1 YR WARRANTY
APPLIES
6 $0.00
$0.00
$0.00
$0.00
3 PMNN4494A
PORTABLE RADIO BATTERY
IMPRES 2 LI-ION R IP68
5100T
6 $251.56
$1,509.36
$183.64
$1,101.84
Subtotal
$67,062.00
$7,041.51
Grand Total
$74,103.51(USD)
QUOTE-3143753
E5 RM CH, APX 8000s
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
ITEM NO: 5.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Rose Tam, Finance Director
PREPARED BY: Albert Trinh, Accounting Manager
DATE: November 19, 2025
SUBJECT: American Rescue Plan Act (ARPA) Funds Reclassification and Re-obligation
SUMMARY:
ARPA funds originally allocated for Council Chamber Improvements are unlikely to be fully utilized by the December 31, 2026 deadline. Staff has identified opportunities to reallocate ARPA funds to cover expenditures previously funded by Measure W, Future Development Fund, and Community Enhancement Fund, as well as the Crossing Guard program. These funds will be recommitted to the Council Chamber Improvement project.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Approve the reallocation and re-obligate of ARPA funds to cover FY 2024-25 expenditures for Zocalo Park ($840,500 from Measure W, $168,810 from Future Development Fund, $91,379 from Community Enhancement Fund).
2. Approve the reallocation and re-obligate of ARPA funds to cover $23,535 for the FY 2024-25 Crossing Guard program and $225,000 for projected costs of the program through the remainder of the ARPA funding period.
3. Approve the commitment of the following funds to the Council Chamber Improvement project: General Fund $248,535, Future Development Fund $468,810, and Community Enhancement Fund $591,379.
4. Approve the Addendum to the Inter-Agency Agreement for Police Department.
5. Approve the Addendum to the Inter-Agency Agreement for Public Works Department.
6. Authorize the Director of Finance to make the appropriation and necessary budget adjustments.
FISCAL IMPACT:
There is no net impact to the General Fund. ARPA funds will cover costs related to the Crossing Guard program, which would have otherwise been funded by the General Fund. The reallocated ARPA obligations originally committed to the Council Chamber Improvement project will be offset by new commitments from the General Fund, Future Development Fund, and Community Enhancement Fund. Additionally, any ARPA funds reallocated from the Council Chamber project will be replaced by these newly committed sources, ensuring that the total funding for the Council Chamber Improvements remains unchanged.
Original Funding Source Revised Funding Source Amount
General Fund (Fund 100) ARPA Fund (Fund 275) $248,535
Measure W (Fund 258) ARPA Fund (Fund 275) $840,500
Future Development Fund (Fund 200) ARPA Fund (Fund 275) $168,810
Community Enhancement Fund (Fund 210) ARPA Fund (Fund 275) $91,379 Total reallocation of ARPA funds: $1,349,224
Fund Committed Amount
General Fund (Fund 100) $248,535
Future Development Fund (Fund 200) $468,810
Community Enhancement Fund (Fund 210) $591,379
Total Proposed Committed Funds Towards City Council Chambers: $1,308,724
BACKGROUND:
Upon review of ARPA funding timelines, it was determined that the Council Chamber Improvements project would not fully utilize the allocated $5,546,996 by the federal deadline, December 31, 2026. Staff identified opportunities to reallocate ARPA funds to cover eligible expenditures, freeing up original funding sources for recommitment.
DISCUSSION:
None
ALTERNATIVES:
None
CEQA REVIEW:
None
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
1. Addendum No. 3 - Inter-Agency Agreement - Police Department
2. Addendum No. 1 - Inter-Agency Agreement - Public Works
ADDENDUM NO. 3
TO THE INTER-AGENCY AGREEMENT
BETWEEN
CITY OF BALDWIN PARK AND POLICE DEPARTMENT
THIS ADDENDUM NO. 3 (“Addendum”) to the Inter-Agency Agreement dated December 4, 2024 (the “Agreement”), and as previously modified by Addendum No. 1 dated July 16, 2025, and Addendum No. 2 dated August 20, 2025, by and between the CITY OF BALDWIN PARK, a California municipal corporation (the “City”) and the POLICE DEPARTMENT of the City of Baldwin Park (“Department”), is entered into this day of November 19, 2025 (the “Effective Date”). Each party is at times individually referred to as a “Party” and collectively as the “Parties” herein.
WHEREAS, the Parties entered into the Agreement to memorialize the Department’s responsibilities regarding 2021 American Rescue Plan Act (“ARPA”) funding as described therein;
WHEREAS, the City previously obligated ARPA funding towards the Crossing Guard Services and the City Council Chambers and Facilities Improvements;
WHEREAS, the City has since determined to reallocate and re-obligate $23,535 for FY 2024-25 and $225,000 through December 31, 2026, of ARPA funding from the City Council Chambers and City Facilities Improvements to Crossing Guard Services;
WHEREAS, the Parties desire to modify the Scope of Services and associated funding under the Agreement to reflect this change;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
A. AMENDMENT TO SCOPE OF WORK AND PAYMENT OF FUNDS
Section A (SCOPE OF WORK AND PAYMENT OF FUNDS) and Exhibit A (SCOPE OF SERVICES/SCHEDULE OF COMPENSATION) of the Addendum are hereby amended to reflect the following set forth below:
1. The ARPA funding obligated to the Crossing Guard Services shall be increased by $23,535 for FY 2024- 25 and $225,000 for projected costs, resulting in a revised total ARPA obligation for Crossing Guard Services of $632,919.
2. The ARPA funding obligated to the City Council Chambers and City Facilities Improvements shall be reduced by $225,000.
3. The Department shall continue to comply with all financial and performance requirements, recordkeeping, and reporting obligations as outlined in the Agreement and Addendum No. 1 and Addendum No. 2, as modified by this Addendum No. 3.
B. EFFECT ON AGREEMENT
Except as specifically modified by this Addendum No. 3, all other terms, conditions, and provisions of the Agreement shall remain in full force and effect.
C. COUNTERPARTS
This Addendum No. 3 may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereby evidence their agreement to the terms and conditions herein by causing this Addendum to be executed below as of the date set forth above.
POLICE DEPARTMENT
By: __________________________________________
Robert A. Lopez, Chief of Police Date
CITY OF BALDWIN PARK
By: __________________________________________
Alejandra Avila, Mayor Date
ATTEST
By: __________________________________________
Christopher Saenz, City Clerk Date
APPROVE AS TO FORM
By: __________________________________________
Christian L. Bettenhausen, City Attorney Date
ADDENDUM NO. 1
TO THE INTER-AGENCY AGREEMENT
BETWEEN
CITY OF BALDWIN PARK AND PUBLIC WORKS DEPARTMENT
THIS ADDENDUM NO. 1 (“Addendum”) to the Inter-Agency Agreement dated December 4, 2024 (the “Agreement”), by and between the CITY OF BALDWIN PARK, a California municipal corporation (the “City”) and the PUBLIC WORKS DEPARTMENT of the City of Baldwin Park (“Department”), is entered into this day of November 19, 2025 (the “Effective Date”). Each party is at times individually referred to as a “Party” and collectively as the “Parties” herein.
WHEREAS, the Parties entered into the Agreement to memorialize the Department’s responsibilities regarding 2021 American Rescue Plan Act (“ARPA”) funding as described therein;
WHEREAS, the City previously obligated ARPA funding towards the construction of the Susan Rubio Zocalo Park & Civic Center Plaza project, and the City Council Chambers and City Facilities Improvements;
WHEREAS, the Susan Rubio Zocalo Park & Civic Center Plaza project is completed, and due to staffing constraints and anticipated inability to fully utilize the current ARPA allocation for the City Council Chambers and City Facilities Improvements, the City has determined that a portion of the obligated ARPA funds shall be re-obligated to support eligible costs relating to the completed park project;
WHEREAS, the City has since determined to reallocate and re-obligate $840,500 for FY 2024-25 of ARPA funds from the City Council Chambers and City Facilities Improvements to the Susan Rubio Zocalo Park & Civic Center Plaza under the Eligible Use Category: Clean Water – Storm Water;
WHEREAS, the City has further determined to reallocate and re-obligate $260,190 for FY 2024-25 of ARPA funds from the City Council Chambers and City Facilities Improvements to the Susan Rubio Zocalo Park & Civic Center Plaza under the Eligible Use Category: Revenue Replacement;
WHEREAS, the Parties desire to modify the Scope of Services and associated funding under the Agreement to reflect these changes;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
A. AMENDMENT TO SCOPE OF WORK AND PAYMENT OF FUNDS
Section A (SCOPE OF WORK AND PAYMENT OF FUNDS) and Exhibit A (SCOPE OF SERVICES/SCHEDULE OF COMPENSATION) of the Addendum are hereby amended to reflect the following set forth below:
1. The ARPA funding obligated to the City Council Chambers and City Facilities Improvements shall be reduced by $1,100,690.
2. The ARPA funding obligated to the Susan Rubio Zocalo Park & Civic Center Plaza shall increase by $1,100,690 consisting of
$840,500 under Clean Water: Storm Water eligible use category and $260,190 under the Revenue Replacement eligible use category; resulting in a revised total ARPA
obligation to the project of $2,300,690.
3. The Department shall continue to comply with all financial and performance requirements, recordkeeping, and reporting obligations as outlined in the Agreement, as modified by this Addendum No. 1.
B. EFFECT ON AGREEMENT
Except as specifically modified by this Addendum No. 1, all other terms, conditions, and provisions of the Agreement shall remain in full force and effect.
C. COUNTERPARTS
This Addendum No. 1 may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereby evidence their agreement to the terms and conditions herein by causing this Addendum to be executed below as of the date set forth above.
PUBLIC WORKS DEPARTMENT
By: __________________________________________
Daniel Padilla, Director of Public Works Date
CITY OF BALDWIN PARK
By: __________________________________________
Alejandra Avila, Mayor Date
ATTEST
By: __________________________________________
Christopher Saenz, City Clerk Date
APPROVE AS TO FORM
By: __________________________________________
Christian L. Bettenhausen, City Attorney Date
ITEM NO: 6.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Robert A Lopez, Chief of Police
PREPARED BY: Josh Hendricks, Captain
DATE: November 19, 2025
SUBJECT: Purchase and Approval for Bosch Crash Data Retrieval (CDR) Hardware with Police Grants Fund under the PD
Traffic Safety account.
SUMMARY:
This report seeks authorization from the City Council to purchase updated Bosch Crash Data Retrieval (CDR) hardware and cables for the Baldwin Park Police Department.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Approve the purchase of Bosch CDR hardware and cables from Crash Data Group, Inc. in the amount of $50,896.57; and
2. Authorize the Chief of Police to execute the purchase agreement with Crash Data Group, Inc.; and
3. Authorize the Director of Finance to appropriate $50,896.57 from the Police Grants Fund (Fund #271), PD Traffic Safety account for this purchase and make the necessary budget adjustment.
FISCAL IMPACT:
There is no fiscal impact to the City's General Fund. The total cost for the Bosch CDR hardware and cable upgrades is $50,896.57. The funding source will come from the Police Grants Fund (Fund #271), PD Traffic Safety account.
BACKGROUND:
The Baldwin Park Police Department relies on the Bosch Crash Data Retrieval (CDR) system to conduct comprehensive traffic collision investigations. The CDR system is a specialized computer software and hardware tool designed to download event data from supported vehicle manufacturers' Event Data Recorders (EDRs) following airbag deployment or non-deployment events that trigger the recording system.
The CDR tool provides law enforcement with valuable insights into the moments leading up to, during, and after a vehicle crash. This data is critical for reconstructing collisions, determining fault, prosecuting cases involving assault with a deadly weapon (vehicle), and improving overall traffic safety in our community.
The Department's current CDR hardware and cables are outdated and have not been updated for over fifteen years.
This has created significant limitations in our ability to investigate modern vehicle crashes effectively. The proposed purchase includes hardware and cable packages necessary to access EDR data from virtually all modern vehicles on the road. Without these updates, our traffic investigators will be unable to retrieve data from newer vehicle models, creating gaps in our investigative capabilities and potentially compromising the accuracy of prosecutions and civil litigation.
Sole Source Justification
This purchase qualifies as a sole-source procurement. Bosch Automotive Service Solutions Inc. is the sole manufacturer of the Bosch Crash Data Retrieval Tool products. In the United States, Jamaica, and Canada, these CDR products are only available for retail purchase through Crash Data Group, Inc., Bosch's exclusive distributor.
Refer to the attached Sole Source letters.
City Council approval is required before appropriating funds from the PD Traffic Safety account for this purchase, as it was not included in the adopted FY 2025-26 budget.
DISCUSSION:
None
ALTERNATIVES:
Do not approve the purchase and provide alternate directions to staff.
CEQA REVIEW:
None.
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
1. 2025_CDR_Letter_SoleSource
2. 2025CDGSoleSource
3. Estimate_Q16048_from_Crash_Data_Group_Inc
Automotive Aftermarket Division
This letter valid through May 1, 2026 Bosch Automotive Service Solutions Inc
15000 Haggerty Road
Plymouth MI 48170
www.Bosch.us
are Trademarks of Robert Bosch GmbH, Germany
2025 - 2026 CDR Source
To whom it may concern,
Crash Data Retrieval (CDR) units, accessories and software are products of Bosch Automotive Service Solutions Inc. Bosch is the sole manufacturer of the Bosch Crash Data Retrieval Tool products. The CDR products are only available for retail purchase in the United States, Jamaica and Canada through our sole product distributor, Crash Data Group.
Sincerely,
Bill Rose
CDR Global Product Manager
Bosch Automotive Service Solutions Inc. (MA-AS)
www.bosch.com
Helping you understand the crash
Crash Data Group, Inc
PO 892885, Temecula, CA 92589 || 42206 Remington Ave, Temecula, CA 92590 P: (800) 280-7940 | www.crashdatagroup.com | E: [email protected] This letter valid through December 31, 2025
2025 CDR Sole Source Letter
To Whom It May Concern,
BOSCH Automotive Service Solutions
The Bosch Crash Data Retrieval Tool (CDR), including units, accessories and software are products of Bosch Automotive Service Solutions. The CDR products are only available for retail purchase in the United States and Canada through Crash Data Group Inc, Bosch’s sole product distributor.
TESLA Motors
The EDR Hardware Kit for Tesla vehicles with genuine Tesla in-car and direct-to-module cables are only available for retail purchase in the United States and Canada through Crash Data Group Inc, Tesla’s EDR hardware distributor.
GIT of America (Hyundai and Kia)
The Hyundai EDR Tool Kit and the Kia EDR Tool Kit along with direct-to-module cables, power and adapters are available for retail purchase through Crash Data Group Inc., an authorized distributor for GIT of America. Crash Data Group Inc. offers the Hyundai and Kia EDR Tool kits in exclusive configurations and packaging that is only available through Crash Data Group Inc. in North America.
Sincerely,
Scott Baker
President, Crash Data Group Inc
800-280-7940
[email protected]
www.crashdatagroup.com
FEIN: 46-3027670
Download our W9, Sole Source, and other documents at
https://crashdatagroup.com/pages/crash-data-group-documents-support Crash Data Group, Inc
PO Box 892885
Temecula, CA 92589 USA
8002807940
[email protected]
www.crashdatagroup.com
Quote
ADDRESS
Baldwin Park Police - CA
14403 E. Pacific Avenue
Baldwin Park, CA 91706 US
SHIP TO
Baldwin Park Police - CA
14403 E. Pacific Avenue
Baldwin Park, CA 91706 US
QUOTE # DATE EXPIRATION DATE
Q16048 10/24/2025 11/24/2025
ACTIVITY DESCRIPTION QTY RATE AMOUNT
HKDLC-2 Hyundai/Kia EDR 2.0 DLC Kit. Includes hardware to perform a DLC download from supported Hyundai,
Genesis, and Kia vehicles. Packaged in a custom
carrying case.
Includes a 1-year software license for both Kia and
Hyundai.
1 12,900.00 12,900.00
GIT ACU Cable Set Complete set of GIT Hyundai, Genesis, and Kia ACU Direct-to-Module (D2M) cables. CFCI module Adapter
sold separately. (Insured)
1 7,600.00 7,600.00
824 BOSCH 824 ACM Cable. PN 1699200440. Direct-to-
module cable for Karma vehicles
1 300.00 300.00
801 BOSCH 801 ACM Cable. PN F00K108801. Direct-to-
module cable for Daimler vehicles
1 285.00 285.00
DLC4 Bosch DLC4 Adapter. PN 1699200510. NON-
US/CANADA VEHICLES
1 85.00 85.00
815 BOSCH 815 ACM Cable. PN 1699200144. Direct-to-
module cable for Toyota vehicles
1 300.00 300.00
817 BOSCH 817 ACM Cable. PN 1699200262. Direct-to-
module cable for Toyota vehicles
1 300.00 300.00
814 BOSCH 814 ACM Cable. PN 1699200143. Direct-to-
module cable for Toyota Vehicles
1 300.00 300.00
818 BOSCH 818 Cable. PN 1699200263 - Direct-to-module
cable for NON-US/CANADA VEHICLES
1 300.00 300.00
CDR-500 Bosch CDR500 FlexRay ACM Adapter Kit. 1 3,150.00 3,150.00 871 BOSCH 871 ACM Cable. PN 1699505288. Direct-to-
Module Cable for Stellantis (FCA) Vehicles (coming
June 2025)
1 300.00 300.00
CDR2024R1 Bosch CDR Direct-to-module new cable release
package. Includes 7 new Bosch CDR D2M cables.
1. Cable ID 855: GM ASCM Direct-to-module cable.
2. Cable ID 856: GM FCM (Forward Camera Module)
1 2,100.00 2,100.00
FEIN: 46-3027670
Download our W9, Sole Source, and other documents at
https://crashdatagroup.com/pages/crash-data-group-documents-support
ACTIVITY DESCRIPTION QTY RATE AMOUNT
Direct-to-module cable.
3. Cable ID 860: BMW ACM Direct-to-module cable.
4. Cable ID 861: VW ACM Direct-to-module cable.
5. Cable ID 863: Mazda ACM Direct-to-module cable.
6. Cable ID 864: VW ACM Direct-to-module cable.
7. Cable ID 869: Volvo ACM Direct-to-module cable.
854 BOSCH 854 ASCM Cable. PN 1699503637. Direct-to-
module cable for General Motor vehicles
1 300.00 300.00
852 BOSCH 852 ACM Cable. PN 1699200985. Direct-to-
module cable for General Motor vehicles
1 300.00 300.00
851 BOSCH 851 Camera Module Cable (DCM). PN
1699200984. Direct-to-module cable for Stellantis
(FCA) vehicles
1 550.00 550.00
846 BOSCH 846 ACM Cable. PN 1699200839. Direct-to-
module cable for Honda vehicles
1 285.00 285.00
845 BOSCH 845 ACM Cable. PN 1699200838. Direct-to-
module cable for General Motor vehicles
1 285.00 285.00
844 BOSCH 844 ACM Cable. PN1699200837. Direct-to-
module cable for Subaru vehicles
1 285.00 285.00
843 BOSCH 843 ACM Cable. PN 1699200800. Direct-to-
module cable for Mazda vehicles
1 285.00 285.00
842 BOSCH 842 ACM Cable. PN 1699200797. Direct-to-
module cable for Volkswagen vehicles
1 285.00 285.00
841 BOSCH 841 ACM FlexRay Cable. PN 1699200787.
Direct-to-module cable for Daimler vehicles
1 300.00 300.00
840 Bosch 840 Cable. PN 1699200786 - Direct-to-module
cable for NON-US/CANADA Mitsubishi vehicles
1 300.00 300.00
839 BOSCH 839 ACM Cable. PN 1699200785. Direct-to-
module cable for Mitsubishi vehicles
1 285.00 285.00
838 BOSCH 838 ACM Cable. PN 1699200784. Direct-to-
module cable for Mitsubishi vehicles
1 285.00 285.00
837 BOSCH 837 ACM Cable. PN 1699200783. Direct-to-
module cable for Mitsubishi vehicles
1 285.00 285.00
836 BOSCH 836 ACM Cable. PN 1699200779. Direct-to-
module cable for Subaru vehicles
1 285.00 285.00
835 BOSCH 835 ACM Cable. PN 1699200778. Direct-to-
module cable for Subaru vehicles
1 300.00 300.00
834 BOSCH 834 ASCM Cable. PN 1699200777. Direct-to-
module cable for General Motor vehicles
1 300.00 300.00
833 BOSCH 833 ASCM Cable. PN 1699200776. Direct-to-
module cable for General Motor vehicles
1 300.00 300.00
832 BOSCH 832 ACM Cable. PN 1699200697. Direct-to-
module cable for Daimler vehicles
1 285.00 285.00
831 BOSCH 831 ACM Cable. PN 1699200696. Direct-to-
module cable for Mazda vehicles
1 285.00 285.00
830 BOSCH 830 ACM FlexRay Cable. PN 1699200646.
Direct-to-module cable for Volvo vehicles
1 285.00 285.00
829 BOSCH 829 ACM Cable. PN 1699200618. Direct-to-
module cable for Stellantis (FCA) vehicles
1 285.00 285.00
FEIN: 46-3027670
Download our W9, Sole Source, and other documents at
https://crashdatagroup.com/pages/crash-data-group-documents-support
ACTIVITY DESCRIPTION QTY RATE AMOUNT
827 BOSCH 827 ACM Cable. PN 1699200559. Direct-to-
module cable for Toyota vehicles
1 285.00 285.00
826 BOSCH 826 ACM FlexRay Cable. PN 1699200553.
Direct-to-module cable for Volkswagen vehicles
1 285.00 285.00
825 BOSCH 825 ACM Cable. PN 1699200466. Direct-to-
module cable for Honda vehicles
1 285.00 285.00
823 BOSCH 823 ACM Cable. PN 1699200428. Direct-to-
module cable for Ford vehicles
1 285.00 285.00
822 BOSCH 822 ACM FlexRay Cable. PN 1699200383.
Direct-to-module cable for BMW vehicles
1 285.00 285.00
821 BOSCH 821 ACM Cable. PN 1699200365. Direct-to-
module cable for General Motors/Stellantis (FCA)
vehicles
1 285.00 285.00
820 BOSCH 820 ACM Cable. ON 1699200364. Direct-to-
module cable for Daimler vehicles
1 285.00 285.00
819 BOSCH 819 ACM Cable. PN 16900200264. Direct-to-
module cable for Stellantis (FCA) vehicles
1 285.00 285.00
816 BOSCH 816 ACM Cable. PN 1699200261. Direct-to-
module cable for Volvo vehicles
1 285.00 285.00
813 BOSCH 813 ACM FlexRay Cable. PN 1699200129.
Direct-to-module cable for Volkswagen vehicles
1 285.00 285.00
812 BOSCH 812 ACM Cable. PN 1699200128. Direct-to-
module cable for Mazda vehicles
1 285.00 285.00
811 BOSCH 811 ACM Cable. PN 1699200127. Direct-to-
module cable for Mazda vehicles
1 285.00 285.00
809 BOSCH 809 ACM Cable. PN 1699200125. Direct-to-
module cable for Daimler vehicles
1 285.00 285.00
808 BOSCH 807 ACM Cable. PN F00K108787. Direct-to-
module cable for Stellantis (FCA) vehicles
1 285.00 285.00
807 BOSCH 807 ACM FlexRay Cable. PN F00K108788.
Direct-to-module cable for BMW vehicles
1 285.00 285.00
806 BOSCH 806 ACM Cable. PN F00K108786. Direct-to-
module cable for Volkswagen vehicles
1 285.00 285.00
805 BOSCH 805 ACM Cable. PN F00K108782. Direct-to-
module cable for Volkswagen vehicles
1 285.00 285.00
804 BOSCH 804 ACM Cable. PN F00K108781. Direct-to-
module cable for Volkswagen vehicles
1 285.00 285.00
802 BOSCH 802 ACM Cable. PN F00K108802. Direct-to-
module cable for Stellantis (FCA) vehicles
1 285.00 285.00
800 BOSCH 800 ACM Cable. PN F00K108800. Direct-to-
module cable for Daimler vehicles
1 285.00 285.00
799 BOSCH 799 ACM Cable. PN F00K108799. Direct-to-
module cable for Volvo vehicles
1 285.00 285.00
798 BOSCH 798 ACM Cable. PN F00K108798. Direct-to-
module cable for BMW vehicles
1 285.00 285.00
797 BOSCH 797 ACM Cable. PN F00K108797. Direct-to-
module cable for BMW vehicles
1 285.00 285.00
796 BOSCH 796 ACM Cable. PN F00K108796. Direct-to-
module cable for BMW vehicles
1 285.00 285.00
FEIN: 46-3027670
Download our W9, Sole Source, and other documents at
https://crashdatagroup.com/pages/crash-data-group-documents-support
ACTIVITY DESCRIPTION QTY RATE AMOUNT
795 BOSCH 795 ACM Cable. PN F00K108795. Direct-to-
module cable for Suzuki vehicles
1 285.00 285.00
794 BOSCH 794 ACM Cable. PN F00K108794. Direct-to-
module cable for Suzuki vehicles
1 285.00 285.00
793 BOSCH 793 ACM Cable. PN F00K108793. Direct-to-
module cable for Suzuki vehicles
1 285.00 285.00
792 BOSCH 792 ACM Cable. PN F00K108792. Direct-to-
module cable for Mazda vehicles
1 285.00 285.00
789 BOSCH 789 ACM Cable. PN F00K108789. Direct-to-
module cable for Honda vehicles
1 285.00 285.00
785 BOSCH 785 ACM Cable. PN F00K108785. Direct-to-
module cable for Stellantis (FCA) vehicles
1 285.00 285.00
780 BOSCH 780 ACM Cable. PN F00K108780. Direct-to-
module cable for Nissan vehicles
1 285.00 285.00
778 BOSCH 778 ACM Cable. PN F00K108778. Direct-to-
module cable for Mazda/Ford vehicles
1 285.00 285.00
387 Bosch CDR ACM Adapter 387 - F00K108387 1 300.00 300.00 TEDR Kit EDR Retrieval Hardware Kit w/DLC for Tesla vehicles. 1 1,600.00 1,600.00 CASE-D2M-XL Extra-large CDR hard-shell case with padded dividers and organization lid.
1 399.00 399.00
SHIP US Shipping and Handling 1 366.00 366.00
Online Sales Tax Sales Tax calculated by AvaTax for 275198-V6 at Fri Oct 24 05:35:20 UTC 2025
1 4,836.57 4,836.57
Payment by Check:
1. Payable to: Crash Data Group Inc.
2. Mailed to:
Crash Data Group
PO Box 892885
Temecula, CA 92589
3. If paying by credit card a 3.0% fee will be charged
4. All payments must be made in USD
Purchase Order Instructions:
1. We do not accept POs that are less than $500.00
2. Reference the "Quote #" on the PO
3. All POs must be signed
4. All POs must be NET30 Terms and issued to:
Crash Data Group, PO Box 892885, Temecula, CA, 92589
5. Signed POs may be emailed to
[email protected]
SUBTOTAL 50,896.57
TAX 0.00
TOTAL $50,896.57
Accepted By Accepted Date
ITEM NO: 7.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Robert A Lopez, Chief of Police
PREPARED BY: Josh Hendricks, Captain
DATE: November 19, 2025
SUBJECT: Contract Amendment - Jail Facility Staffing Services
SUMMARY:
This report seeks authorization from the City Council to amend the jail facility staffing services contract with Starside Security and Investigations, LLC. The amendment increases the annual contract from $416,252 to $482,808, establishes a $10,000 annual overtime reserve, and implements a 3.5% cost escalator for Year 3.
Proposed funding will come from the Police Department Patrol Overtime Budget within the General Fund.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Approve contract amendment with Starside Security and Investigations, LLC to increase base contract from $416,252 to $482,808 annually, effective December 1, 2025;
2. Establish $10,000 annual overtime reserve for approved special operations;
3. Authorize 3.5% annual escalator on base contract amount for Year 3 (December 2026-November 2027);
4. Authorize the Finance Director to do a budget transfer of $76,556 from Account #100-30-340-50120- 00000 (Patrol Overtime) to Jail Services contract account for FY25-26 and make necessary budget adjustments; and
5. Authorize the Chief Executive Officer to execute all necessary contract amendment documents.
FISCAL IMPACT:
There is no additional impact to the General Fund at this time. The amendment will be funded through the Police Department Patrol Overtime Budget (Account 100-30-340-50120-00000). The department has successfully reduced overtime dependency throughout FY25-26, creating capacity within this budget line to absorb the costs of the jail services amendment.
Annual costs:
Component Year 2 (Dec 2025-Nov 2026) Year 3 (Dec 2026-Nov 2027) Base Contract $482,808 $499,706
Overtime Reserve $10,000 $10,000
Total Annual Cost $492,808 $509,706
BACKGROUND:
Original Contract
On December 1, 2024, the City entered a three-year jail facility staffing contract with Starside Security and Investigations, LLC, following competitive bidding. Starside's bid of $416,252 annually was the lowest responsive
proposal, 6% below the prior year's actual costs of $443,504. The competing bid from Elite Jail Services was $517,920 annually. The contract provides 24/7 custody officer staffing for jail operations, inmate booking and processing, and courthouse transportation.
Increased Workload
Daily arrest volumes have exceeded projections by 25% since contract implementation. Pre-contract arrests averaged 3.37 per day (October-December 2024), while post-contract arrests average 4.22 per day (January- August 2025, excluding June). While the professional jail staffing has improved booking efficiency and Title 15 compliance, this increased volume has driven custody officer workload beyond original contract assumptions.
Scope Expansion
Actual operational needs require expanded staffing beyond the baseline coverage anticipated in the RFP. The original contract also lacked a dedicated line-item funding account for overtime associated with special law enforcement operations, such as DUI checkpoints and probation/parole compliance operations. The City Attorney recommended establishing a separate annual overtime budget to provide oversight for each special operation.
Amendment Structure
The amended base contract of $482,808 reflects actual operational costs while remaining well below market rates.
The 3.5% annual escalator for Year 3 addresses anticipated increases in labor costs, insurance, and operational expenses. This escalator applies only to the base contract—the overtime budget remains flat at $10,000 annually.
Market Comparison
For comparison, the City of Alhambra maintains a similar jail facility staffing contract with identical 24/7 coverage. Even with the proposed amendment being presented, Baldwin Park's rates would remain 31% below this comparison cost:
Contract Period Baldwin Park Alhambra Savings
Year 2 (FY2025-
26)
$492,808 $714,771 $221,963
Year 3 (FY2026-
27)
$509,706 $739,773 $230,067
Alternatives Considered
The only other 2024 bidder for the Baldwin Park Jail Services Contract proposed an annual cost of $517,920— still $25,112 more than the amended rate. New bids are likely to exceed this, given regional cost increases. Re- bidding would take 4-6 months, disrupt operations, and require extensive contractor retraining.
Use LA County facilities: Transporting all arrestees to county facilities would add 2-3 hours per booking. With 4+ arrests daily, this would remove 8-12 officer hours from patrol each day—equivalent to losing 1-2 patrol units.
Maintain current contract: The 6% gap between current pricing and prior-year costs, combined with a 25% increase in workload, creates an unsustainable model. The contractor has documented financial strain, risking service degradation or contract termination.
DISCUSSION:
None
ALTERNATIVES:
Do not approve the contract amendment and direct staff to pursue alternative options.
CEQA REVIEW:
None
LEGAL REVIEW:
The City Attorney has reviewed and approved this item as to form and legal content.
ATTACHMENTS:
1. Amendment No. 1 Starside Security and Investigation Inc Agreement
2. Starside - Increase Letter Oct 2025
3. Starside Security - Professional Services Agreement for use in Jail Services
FIRST AMENDMENT
TO THE AGREEMENT FOR JAIL FACILITY STAFFING AND SUPPORT SERVICES
BETWEEN THE CITY OF BALDWIN PARK AND STARSIDE SECURITY & INVESTIGATION INC.
A. This First Amendment to the Agreement between the City of Baldwin Park (“City”) and Starside Security & Investigation, Inc. (“Contractor”) is made and entered into this 19th day of November 2025. City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
RECITALS
B. On November 6, 2024, the City entered into an agreement with Contractor for jail facility staffing and support services through November 30, 2027 (“Agreement”).
C. The City and Contractor now desire to amend the Agreement (“Amendment”) to increase the annual base contract, establish an annual cost escalator, and establish an annual overtime reserve for special operations;
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties agree as follows:
1. SECTION 3.2.1- COMPENSATION. Subsection 3.2.1 is hereby amended to read as follows:
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. Effective December 1, 2025, the total compensation shall not exceed $482,808.00 per year without written approval of the City Council or City Manager, as applicable. Beginning on December 1, 2026, the Contractor’s annual compensation shall automatically increase by 3.5% for the remainder of the term. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
2. SECTION 3.2.5- ANNUAL OVERTIME RESERVE. Section 3.2 of the Agreement is hereby amended to add a new Subsection 3.2.5, “Annual Overtime Reserve,” to read as follows:
3.2.5 Annual Overtime Reserve. The City shall establish a $10,000 annual overtime reserve for approved special operations. The annual overtime reserve shall remain fixed at $10,000 annually and shall not be subject to any annual escalators or increases in the base contract amount.
3. NO OTHER CHANGES. All terms, conditions, and other provisions of the Agreement, including all exhibits thereto, shall remain in full force and effect.
4. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this amendment to the Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by City. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 19th day of November 2025, at Baldwin Park, California.
City of Baldwin Park Starside Security & Investigation, Inc.
By______________________________ By _____________________________ Manuel Carrillo Jr., CEO Robert J. Coventry, Jr., COO
Attest:
________________________________
Christopher Saenz, City Clerk
Approved as to Form:
________________________________
Christian Bettenhausen, City Attorney
Consultant Services Agreement
JAIL FACILITY STAFFING & SUPPORT SERVICES
-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF BALDWIN PARK
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 06 day of November, 2024, by and between the City of Baldwin Park, a California municipal corporation ("City") and STARSIDE SECURITY AND INVESTIGATIONS ("Consultant"), a Stock Corporation (2185153 ) with its principal place of business at 1370 Valley Vista Drive, Suite 200, Diamond Bar Ca, 91765.
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 JAIL FACILITY STAFFING & SUPPORT services to public clients, is licensed in the State of California, and is familiar with the plans of the City.
2.2 Project.
City desires to engage Consultant to render such professional services for the JAIL FACILITY STAFFING & SUPPORT SERVICES 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 JAIL FACILITY STAFFING & SUPPORT 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 e xhibits 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 for three (3) years , from December 01, 2024 to November 30, 2027 unless earlier terminated as provided herein. FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED TWO CONSECUTIVE YEARS; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 (two] additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
Consultant Services Agreement
JAIL FACILITY STAFFING & SUPPORT SERVICES
-2- PROFESSIONAL SERVICES AGREEMENT
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 $416,252.40 per year 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 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. 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 Reimbursement f or 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 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 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 Con sultants 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 ad ditional personnel, including, but not limited to: social security taxes, income tax withholding, 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
Consultant Services Agreement
JAIL FACILITY STAFFING & SUPPORT SERVICES
-3- PROFESSIONAL SERVICES AGREEMENT
request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for the performance of this Agreement is as follows:
Robert Coventry, Chief Operations Officer (COO).
3.3.5 City's Representative. The City hereby designates Chief of Police Robert A. López , 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 Robert Coventry, C OO 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 Ag reement. 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, techn iques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s 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. 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 t o comply with the standard of care provided for herein. Any employ ee of the Consultant or its
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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 Tim e 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 Majeu re 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.
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.
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3.3.10.2 Employment 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 f rom 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 pre ceding 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 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 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 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 Water 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, wi thout 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 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
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
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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 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the ter m of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (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.
3.3.11.3 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
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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 c overage) 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 Waiver of Subrogation . All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written expr ess waivers and insurance clauses from each of its subconsultants.
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 p olicy or policies not contained a deductible or self -insured retention.
3.3.11.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall
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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 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.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel) .
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting . Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of
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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 appropria te 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 polici es 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 place of busine ss and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant 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 th e Project
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and require the same of any subconsultants.
3.4.3 Compliance 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. Consult ant 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 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this A greement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
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 Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project
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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 2 782.8, 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 Independent 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, 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 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the
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respective parties may provide in writing for this purpose:
Consultant: Starside Security & Investigation, Inc.,
1370 Valley Vista Dr, Suite 200
Diamond Bar, CA 91765
ATTN: Robert Coventry, COO
City: City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
ATTN: Enrique Zaldivar, City Manager
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 not ice 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 prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establi sh 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.
3.7.4.2 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 n o 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.
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3.7.4.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project ot her 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 D ocuments & 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 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 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 c onfidential. 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.
3.7.4.6 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.
Consultant Services Agreement
JAIL FACILITY STAFFING & SUPPORT SERVICES
-14- PROFESSIONAL SERVICES AGREEMENT
3.7.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 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.
3.7.7 Attorneys’ 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 Governing 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 Cod e 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 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
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 require d 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 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease
Consultant Services Agreement
JAIL FACILITY STAFFING & SUPPORT SERVICES
-15- PROFESSIONAL SERVICES AGREEMENT
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. 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 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. 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.
Exhibit A - Scope of Services
Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide the following services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility:
1. Compliance Statement
The Contractor shall comply with all applicable federal, state, and local laws, regulations, and standards, including but not limited to the Board of State and Community Corrections (BSCC) Title 15 standards and Baldwin Park Police Department (BPPD) Policy 900. The Contractor acknowledges that while providing staffing and support services, the ultimate responsibility for compliance with BSCC standards lies with the City's Police Department.
2. Staffing and Personnel
a. Provide qualified custody officers to staff the jail facility 24 hours a day, 7 days a week, 365 days a year, with the following staffing structure:
• Jail Manager: Monday through Friday, 0800 hours to 1700 hours. • Custody Officers (Jailers): One (1) Custody Officer on duty at all times, providing 24 - hour coverage daily, Sunday through Saturday. One (1) additional Custody Officer on duty Friday and Saturday, 2000 hours to 0400 hours
b. Maintain a pool of fully trained custody officers to ensure adequate coverage for all shifts, including provisions for time off, sick leave, and other absences. c. When possible, ensure one female staff member is on duty or immediately available and accessible to female inmates at all times.
d. Provide a dedicated Account Manager to oversee the contract and serve as the primary point of contact with the City.
e. Ensure all custody officers are properly uniformed and equipped as specified in the proposal. f. Maintain at least one staff member on-duty at all times who is trained in first aid and CPR. g. Ensure all personnel meet the qualifications required by BSCC standards and BPPD Policy 900. h. Conduct thorough background checks on all personnel and ensure they obtain necessary clearances before assignment to the jail, including:
• Live Scan fingerprint submission and clearance through DOJ and FBI databases
• County law enforcement records check to include LA, Orange, San Bernardino, Riverside and San Diego counties
• California Department of Motor Vehicle records check
• Criminal history verification through state and federal databases • Employment history verification of up to 5 years
• Professional reference checks (3)
• Psychological examination
• Verification of eligibility to work in the United States Utilize TransUnion's TLOxp software or similar approved investigative tool for: Identity verification of potential staff , Address history verification , Criminal records verification , Employment verification, and Public records search.
The City reserves the right to review background investigation procedures and audit background files, requires additional background steps, rejects candidates based on background results, and requires staff removal based on new background information.
The City shall be responsible for costs associated with Live Scan fingerprints and psychological examinations required specifically for BPPD jail staff. The Contractor shall be responsible for all other background investigation costs , including standard employment verification, DMV checks, investigative software, and administrative processing. i. Maintain staffing levels in compliance with BSCC Section 1027.
3. Training and Staff Development
a. Ensure all custody officers complete the California Board of State and Community Corrections (BSCC) approved Adult Corrections Officer Core Course within one year of assignment to the Jail, as required by BSCC Section 1020.
b. Provide Jail Supervisory Training in compliance with BSCC Section 1021. c. Deliver a minimum of 24 hours of annual continuing professional training for all custody officers, supervisors, and managers, as required by BSCC Section 1025. d. Conduct an 80-hour orientation program for all new staff, including:
• Department of Justice Criminal Offender Record Information training • Fire and Life Safety training
• Cultural and ethnic sensitivity training
• Suicide prevention training
e. Provide ongoing training on jail operations, including but not limited to Facility security , procedures, Inmate management, and classification, Use of force and restraint techniques , Fire suppression and emergency evacuation procedures, and First aid and CPR
f. Maintain detailed records of all training completed by personnel and provide yearly training reports to the City.
4. Inmate Management
a. Implement classification procedures per the facility's classification plan (BSCC Section 1050 and BPPD Policy 900).
b. Conduct thorough booking procedures for all arrestees, including:
• Proper documentation of arrestee information
• Medical screening
• Classification assessment to determine appropriate housing c. Implement protocols for managing special populations (e.g., mentally ill, suicidal inmates) as per BPPD Policy 900.
d. Conduct routine visual safety checks on all inmates at intervals not exceeding 30 minutes, in compliance with BSCC Section 1027.5 and BPPD Policy 900. e. Document all safety checks in the jail log.
5. Safety and Security
a. Implement and maintain strict safety and security protocols. b. Conduct regular security checks and inmate counts at least once per hour. c. Manage inmate movement within the facility.
d. Respond promptly and appropriately to emergencies and security threats. e. Implement fire prevention practices and maintain fire detection and suppression equipment. f. Ensure proper key control and restricted facility access. g. Implement emergency procedures as outlined in BPPD Policy 900, including but not limited to:
• Fire emergencies
• Earthquake procedures
• Escape attempts
• Riots or disturbances
• Hostage situations
6. Medical and Mental Health Services
a. Facilitate inmate access to medical, dental, and mental health services as required. b. Implement appropriate procedures for managing inmates requiring special attention (e.g., suicidal, mentally ill, or violent inmates).
c. Handle medical emergencies per BPPD Policy 900, including • Immediate notification of supervisory staff
• Prompt provision of first aid when necessary
• Arranging transportation to medical facilities when required d. Maintain confidentiality of medical information per HIPAA.
7. Food Services
a. Coordinate with the approved food service provider to ensure timely delivery of meals. b. Serve meals per the approved menu and dietary guidelines. c. Maintain proper food storage and inventory control procedures. d. Ensure compliance with all applicable food safety regulations and BPPD Policy 900.
8. Transportation Services
a. Provide regular transportation of in -custody arrestees to El Monte Courthouse as part of the standard contracted services.
b. When necessary, provide transportation of in-custody arrestees to Pomona Superior Courthouse.
Transportation to Pomona Superior Courthouse will be billed at an overtime rate outside the normal contract. BPPD agrees to be billed per hour at an overtime rate for these Pomona transports. c. Ensure all transport officers are properly trained and equipped for secure inmate transportation. d. Implement safety and security procedures for inmate transportation, including:
• Proper use of restraints
• Vehicle safety checks
• Communication protocols during transport
e. Maintain detailed records of all inmate transports, including departure and arrival times, any incidents during transport, and the officers involved.
9. Documentation and Reporting
a. Maintain accurate and detailed records of all jail operations, incidents, and inmate activities. b. Provide regular reports that are available to the Police Department on jail operations, including but not limited to:
• Daily population counts
• Incident reports
• Use of force reports
• Medical incidents
• Maintenance issues
c. Make monthly staffing reports available, including hours worked and any overtime. d. Ensure all documentation complies with applicable laws and regulations. e. Maintain confidentiality of inmate records per applicable laws and regulations.
10. Quality Assurance
a. Implement a comprehensive quality assurance program to maintain high standards of service. b. Conduct regular internal audits and inspections of jail operations. c. Cooperate fully with any external audits or inspections conducted by the City or other authorized agencies.
d. Develop and implement corrective action plans for any identified deficiencies.
11. Compliance with Industry Standards and Best Practices The Contractor shall:
a. Comply with all applicable federal, state, and local laws and regulations governing jail operations, including but not limited to the Board of State and Community Corrections (BSCC) Title 15 standards and Baldwin Park Police Department (BPPD) Policy 900.
b. Stay current with evolving standards and practices in the field of corrections and implement improvements as appropriate.
c. Participate in regular evaluations and audits to ensure compliance with these standards and best practices. The frequency and nature of these evaluations shall be determined by the City.
d. Provide documentation of compliance efforts and outcomes upon request by the City.
e. Implement a continuous improvement process to enhance service quality and efficiency.
f. Attend relevant professional development and training sessions to stay informed about current best practices in jail operations.
g. Collaborate with the City to address any areas identified for improvement and implement corrective actions promptly.
h. Maintain all necessary certifications and accreditations relevant to jail operations.
The Contractor acknowledges that while providing staffing and support services, the ultimate responsibility for compliance with industry standards and best practices lies with the City's Police Department. The Contractor agrees to fully support and facilit ate the City's efforts to maintain compliance and continually improve jail operations.
Exhibit B - SCHEDULE OF SERVICES
Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility according to the following schedule:
1. Contract Duration
a. Start Date: December 01, 2024
b. End Date: November 30, 2027
c. Possible Renewals: Two (2) one-year renewals
2. Regular Staffing Schedule
a. Jail Manager: Monday through Friday, 0800 hours to 1700 hours
b. Custody Officers: • One (1) Custody Officer on duty at all times, providing 24 -hour coverage daily, Sunday through Saturday • One (1) additional Custody Officer on duty Friday and Saturday, 2000 hours to 0400 hours
c. Maintain a pool of fully trained custody officers to ensure adequate coverage for all shifts, including provisions for time off, sick leave, and other absences.
3. Initial Training Schedule
a. 80-hour Orientation Program: To be conducted by all custody officers before staffing the City Jail. To include: - Basic First Aid and CPR certification - Minimum four (4) hour class on handling criminal offender record information - Fire and Life Safety training - Other topics as determined by Contractor and City.
b. The competency certification process is to be completed for each staff member as set by the City.
4. Ongoing Training Schedule
a. 24 hours of annual STC refresher training for each employee. To be scheduled throughout the year to minimize operational disruption.
b. Monthly training on selected subjects for all detention staff . Topics to be determined by the Contractor's Management Team.
5. Specialized Training Schedule
a. Corrections Officer Core Course: To be completed within one year of assignment for new staff • Schedule to be determined based on course availability and staffing needs
6. Reporting Schedule
a. Daily reports: To be submitted by [time] each day, if applicable
b. Weekly reports: To be submitted by [day and time] each week, if applicable
c. Monthly reports: To be submitted by the [day] of each month, if applicable
d. Annual reports: To be submitted by [date] each year, if applicable
7. Performance Evaluation Schedule
a. Overall service evaluation: To be conducted annually, on or around the contract anniversary date
The Contractor shall adhere to this schedule to the best of its ability. Any significant deviations or changes to this schedule must be communicated to and approved by the City in a timely manner.
Exhibit C – COMPENSATION
Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility according to the following schedule:
1. Total Compensation
The total annual compensation for services provided under this Agreement shall not exceed $416,252.40 as follows:
2. Rate Structure
Billing will be at the following rates:
3. Overtime Services
Overtime rates apply for services outside the regular scope, including but not limited to:
a. Transportation, when necessary, of in-custody arrestees to various other superior courts in the region, including the Pomona Superior Courthouse. Transportation to Pomona Superior Courthouse will be billed at an overtime rate outside the normal contract. BPPD agrees to be billed per hour at an overtime rate for these Pomona transports.
b. Additional staffing for special operations approved by the City (e.g., probation/parole compliance operations, DUI checkpoint operations).
4. Invoicing and Payment
The Contractor shall submit monthly invoices for services rendered . Invoices for overtime services must clearly indicate:
a. Nature of the service
b. Date of service
c. Hours worked
d. City approval reference
Payments will be made as set forth in the Agreement.
5. Rate Adjustments
The rates established in this Exhibit shall remain fixed for the duration of the Agreement unless otherwise agreed upon in writing by both parties.
6. Additional Services
Any services not specified in Exhibit "A" or this Exhibit "C" shall be considered Additional Services. Compensation for Additional Services shall be negotiated and approved in writing before the services are rendered.
The Contractor shall perform all services per the terms and conditions of this Agreement and shall invoice only for services rendered.
ITEM NO: 8.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Daniel Padilla, Director of Public Works
PREPARED BY: Martha Alvarez, Administrative Clerk II
DATE: November 19, 2025
SUBJECT: Accept Grant Award from Foothill Transit's Bus Stop Enhancement Program
SUMMARY:
This item requests that the City Council consider and accept Foothill Transit’s Bus Stop Enhancement Program (BSEP) Grant in the amount of $40,000 to purchase and install ten (47-gallon) “Bigbelly Element” trash bins at various Foothill Transit Bus Stops throughout the City.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Accept Foothills Transit’s Bus Stop Enhancement Program’s (BSEP) Grant in the amount $40,000; and
2. Authorize the Mayor to execute the Agreement with Foothill Transit; and
3. Authorize the Director of Public Works to finalize all documents associated with the grant; and
4. Authorize the Director of Finance to appropriate grant funds, create a CIP Project, and make necessary budget adjustments.
FISCAL IMPACT:
There is no impact to the General Fund. Foothill Transit’s Bus Stop Enhancement Program Grant in the amount $40,000 will cover 100% of the cost.
BACKGROUND:
On July 30, 2025, Public Works staff applied for Foothill Transit’s Bus Stop Enhancement Program (BSEP) Grant.
Foothill Transit's BSEP was created to fund member city improvements to Foothill Transit bus stops since the project’s inception in 1998.
DISCUSSION:
On October 7, 2025, the City of Baldwin Park received the notification of award via email from Foothill Transit.
Pursuant to the BSEP grant guidelines, staff intends to use the grant funds for the purchase and installation of (10) ten Bigbelly Element 47-gallon trash bins at Foothill Transit bus stops at various locations throughout the City.
Depending on the final pricing, the City may install additional bin/s with this grant.
ALTERNATIVES:
The City Council may choose to not accept the Foothill Transit BSEP grant funds and not replace the existing trash bins.
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. Contract with Foothill Transit
2. Award Notification
3. Grant Application
NP26-006.5
Bus Stop Enhancement Program
Grant Agreement Between
Foothill Transit and City of Baldwin Park
THIS AGREEMENT is made and entered into as of the date signed by Foothill Transit (“Effective Date”) by and between FOOTHILL TRANSIT, a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790, hereinafter referred to as “Foothill Transit,” and the CITY OF BALDWIN PARK, a municipal corporation, with its principal place of business located at 14403 East Pacific Avenue, Baldwin Park, California 91706, hereinafter referred to as “Grantee.” Foothill Transit and Grantee are sometimes individually referred to as a “Party” and collectively as “Parties.” WHEREAS, Foothill Transit is the primary bus service provider for the Pomona and eastern San Gabriel Valleys; and
WHEREAS, Foothill Transit has developed the BUS STOP ENHANCEMENT PROGRAM to support bus stop enhancements undertaken by cities and counties within Foothill Transit’s service area; and WHEREAS, Grantee is located in Foothill Transit’s service area and has filed an application for grant funding from the Bus Stop Enhancement Program (the “Application”), attached hereto as Exhibit A, which describes Grantee’s proposed bus stop enhancements (the “Enhancements”); and WHEREAS, Foothill Transit desires to provide grant funds to Grantee in the amount of $40,000 (“Grant Funds”) for the bus stop enhancements proposed by Grantee in the Application; and
WHEREAS, Grantee has agreed to provide all additional funding required to design and construct the Enhancements.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1. Purpose and Scope
The purpose of this Agreement is to set out the terms and conditions applicable to Foothill Transit’s transfer of the Grant Funds to Grantee for the design and construction of the Enhancements as described in the Application.
NP26-006.5
Section 2. Term
This Agreement is effective as of the Effective Date and will terminate on one (1) year from the completion of the Enhancements (the "Termination Date"), unless terminated earlier, as provided herein, or extended by written approval from Foothill Transit.
Section 3. Construction of Enhancements
1. Grantee agrees to provide Foothill Transit approved record design and construction drawings (“Record Drawings”) of the Enhancements no later than January 15, 2026 (the “Record Drawings Date”) for Foothill Transit’s approval. If the Record Drawings are not provided by the Record Drawings Date, this Agreement shall terminate and be of no further force or effect. The Record Drawings Date may be extended with Foothill Transit’s prior written approval.
2. Grantee agrees to complete the Enhancements in accordance with the Record Drawings to Foothill Transit’s satisfaction within ___20 weeks of the Record Drawings Date (the “Substantial Completion Date”). If the Enhancements are not substantially completed by the Substantial Completion Date, Foothill Transit, in its sole discretion, may terminate this Agreement.
Upon such termination, the Agreement shall be of no further force and effect and Foothill Transit shall have no obligation to reimburse Grantee for any funds expended by Grantee. For purposes of this Agreement, the phrase “substantial completion” means the stage in the progress of the Enhancements when the work on the Enhancements is sufficiently complete such that Grantee could, if necessary, occupy and utilize the Enhancements for their intended use.
3. Grantee shall be solely responsible for furnishing all supplies, equipment, installation, and labor required for the Enhancements.
4. Grantee shall design and construct the Enhancements in accordance with all applicable standards, codes, and regulations. Grantee shall ensure that all bus stops meet the applicable Accessibility Guidelines for Transportation Facilities set out as Appendices B and D to 36 C.F.R. Part 1191 (formerly Appendix A to 49 C.F.R. Part 37). As applicable, Grantee shall comply with, and shall cause its contractors and subcontractors to comply with, all applicable provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and Section 6109 of the California Public Contract Code.
Section 4. Grant Amount and Requirements; Reimbursement
1. Foothill Transit will allocate to Grantee funds from the Bus Stop Enhancement Program in the amount of $40,000.00 (the “Grant Amount”).
2. Grantee is obligated to contribute all funding beyond the Grant Amount that may be required to design and construct the Enhancements.
3. In consideration for Foothill Transit's payment to Grantee of the Grant Amount, Grantee shall use the Grant Funds and the Local Match to design and construct the Enhancements as described in Grantee’s Application. If Grantee estimates that it will have Grant Funds remaining after completion of the Enhancements, Grantee shall report this to Foothill Transit on or before the sixtieth (60th) day prior to the Termination Date. Any Grant Funds not utilized by the Termination Date
NP26-006.5
of this Agreement are automatically released from this Agreement and may be redistributed by Foothill Transit for its own purposes.
4. Grantee represents to Foothill Transit that it possess the present power, ability, and authority to enter into this Agreement and to complete the Enhancements and provide for the use of the Enhancements. Grantee shall notify Foothill Transit as soon as possible but not more than thirty (30) days after the occurrence of any change in conditions, any change in local law, or any other event that may significantly affect Grantee’s ability to complete the Enhancements in accordance with the terms of this Agreement.
5. Reimbursement.
a. The Grant Amount shall be provided to Grantee on a reimbursement basis for funds actually expended by Grantee for the Enhancements shown on the approved Record Drawings. Grantee shall not be entitled to reimbursement for any Enhancements or other work not reflected on the approved Record Drawings.
b. Grantee shall submit to Foothill Transit its invoice requesting reimbursement, together with a detailed itemization of costs incurred for which reimbursement is sought, within thirty (30) days of the completion of the Enhancements.
c. Foothill Transit shall reimburse Grantee for all costs Foothill Transit determines to be reimbursable, in an amount not to exceed the Grant Amount, within sixty (60) days of receipt of Grantee’s invoice. d. Foothill Transit’s responsibility for payment is limited to reimbursement of the Grant Amount. Grantee will act as an independent contractor and assumes all responsibility for federal and state income tax withholding, FICA, SDI, and any other deductions from income that Grantee is properly required to make as an independent contractor. Grantee assumes all responsibility for payment of wages to its employees and for federal and state income tax withholding. Grantee hereby agrees to indemnify and hold Foothill Transit, its officers and employees, harmless from any and all claims that may be made against Foothill Transit based upon any contention by any employee of Grantee or by any third party including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any obligation under this Agreement.
Section 5. Monthly Reporting
Grantee shall submit monthly update reports to Foothill Transit concerning the status of the Enhancements. The Grantee’s monthly reports shall be submitted no later than the fifth (5th) business day of each month. The first report shall be due on the 5th business day of the month following the month in which the work is commenced. The Grantee shall submit reports every month thereafter until substantial completion.
NP26-006.5
Section 6. Continuing Obligations
Following completion of the Enhancements, Grantee shall maintain the Enhancements in good condition, including the physical integrity and appearance of the shelter and bus stop modules, and provide repairs as needed at Grantee’s sole expense. Without limiting the foregoing, for a period on one (1) year following completion of the Enhancements, Grantee shall repair or replace any portion of the Enhancements damaged, destroyed, or lost by or as a result of theft or vandalism at Grantee’s sole expense.
Section 7. Limitation of Liability; Indemnification
1. Neither Foothill Transit nor any of its Members, officials, officers, volunteers, agents, and staff (hereinafter referred to as “Indemnitees”) shall be liable for any loss, injury, or damage occurring by reason of any acts or omissions by Grantee, its officers, employees, or agents under or in connection with this Agreement.
2. Pursuant to Section 895.4 of the California Government Code, Grantee agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) arising from any actions or failures to act by Grantee pursuant to or in furtherance of this Agreement.
3. Grantee further agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon Foothill Transit pursuant to Section 895.2 of the California Government Code.
Section 8. Federal Civil Rights Requirements
1. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, et seq., Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101, et seq., Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., and Federal transit law at 49 U.S.C. § 5332, Grantee will not discriminate on the basis of race, color, national origin, sex, sexual orientation, age, or disability. In addition, Grantee agrees to comply with applicable Federal implementing regulations.
2. Grantee will not discriminate against any employee or applicant for employment based on race, color, religion, sex, sexual orientation, national origin, age, and disability. The Contractor will comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; (c) section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, (d) section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112; (e) Federal transit law, specifically 49 U.S.C. § 5332; (f) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients”; (g) U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630; (h) U.S. Equal Opportunity Employment Commission regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625; and (i) other federal guidance pertaining to EEO laws, regulations, and
NP26-006.5
requirements. Grantee recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”
3. Grantee agrees to include the provisions of this Section in all contracts related to the design and construction of the Enhancements, modified only if necessary to identify the affected partie.
Section 9. Retention of Records and Audits
1. Grantee shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement in accordance with generally accepted accounting practices. All such records shall be clearly identifiable. Grantee agrees that Foothill Transit or any of its duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit and copy the books, records, and accounts relating to the performance of the Agreement. Further, Grantee agrees to maintain all required records for at least three (3) years after Foothill Transit has made final payment and all other pending matters are closed.
2. Appropriate financial adjustments may be made by Foothill Transit based upon any inconsistency, irregularity, discrepancy, or unsubstantiated billing revealed as a result of an audit.
Financial adjustments reflecting an overcharge to Foothill Transit may be charged against Grantee.
Section 10. Representatives and Notices
Any correspondence, communication, contact concerning, or notice required by this Agreement shall be directed to the following:
Grantee: City of Baldwin Park
Attn: Daniel Padilla, Director of Public Works
14403 East Pacific Avenue
Baldwin Park, CA 91706
Email: [email protected]
Foothill Transit: Foothill Transit
Attn: Planning Dept
100 South Vincent Avenue
Suite 200
West Covina, CA 91790
Email: [email protected]
Any notices required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand (including overnight courier service) or email during the receiving Party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
NP26-006.5
Section 11. Termination
1. Termination by Mutual Agreement. Notwithstanding the term of this Agreement, Foothill Transit and Grantee may mutually terminate this Agreement upon ten (10) days written notice if approved by both parties.
2. Termination for Default.
a. Default under this Agreement is defined as one or more of the following: (i) Grantee fails to comply with the terms and conditions contained in this Agreement; (ii) Grantee fails to perform satisfactorily or to make sufficient progress toward substantial completion; (iii) Grantee makes a material change to the Enhancements without prior written consent or approval by Foothill Transit; or, (iv) Grantee is in default of any other applicable requirements of Foothill Transit.
b. In the event of a default by Grantee, Foothill Transit shall provide written notice of such default to Grantee. Grantee shall have 30 days to cure the default. In the event Grantee fails to cure the default, or commit to cure the default and commence the same, within such 30-day period to the satisfaction of Foothill Transit, Foothill Transit may take one or more of the following actions: (i) terminate this Agreement; or (ii) decline to pay the Grant Amount, or any portion thereof, to Grantee.
c. Effective upon receipt of written notice of termination from Foothill Transit, Grantee shall not undertake any new work or obligation with respect to this Agreement, and Foothill Transit shall have no obligation to reimburse Grantee for any funds expended by Grantee, except as otherwise agreed to by the Parties.
d. The remedies described herein are not exclusive. Foothill Transit shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
3. Termination for Convenience. Foothill Transit may terminate this Agreement at any time and for any reason by providing Grantee written notice of such termination at least thirty (30) calendar days prior to the effective date of such termination. Upon such termination, Grantee shall be entitled to compensation for activities in accordance with this Agreement which were incurred prior to the effective date of the termination, but not exceeding the Grant Amount.
Section 12. General Provisions
1. This Agreement shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of California. Grantee hereby consents and submits to the jurisdiction of the appropriate courts of California or of the United States having jurisdiction in California for adjudication of any suit or cause of action arising under or in connection with the Agreement, or the performance of such Agreement, and agrees that any such suit or cause of action may be brought in any such court.
NP26-006.5
2. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute the same document. A signed copy of this Agreement delivered by email (including .pdf format), or other means of electronic transmission shall be deemed to have the same legal force effect as delivery of an original “wet ink” signed copy of this Agreement. Except where stated otherwise in the Contract, the Parties agree that electronic signatures are permissible and have the same force and effect as original signatures, for all purposes.
[Signature Page Follows]
NP26-006.5
In witness thereof, the Parties hereto have caused this Agreement to be executed by their respective officers with all the formalities required by law.
FOOTHILL TRANSIT
By:
Doran J. Barnes
Chief Executive Officer
Dated:
CITY OF BALDWIN PARK
By:
Alejandra Avila
Mayor
Approved as to Form:
By:
Name: ____________________
Thompson Coburn LLP
Special Counsel to Foothill Transit
Approved as to Form:
By:
Christian L. Bettenhausen
City Attorney
Attest:
By: __________
Christopher Saenz
City Clerk
NP26-006.5
EXHIBIT A
Grantee Application
Outlook
Foothill Transit Bus Stop Enhancement Award Notification- Baldwin Park FromJoseph Raquel <[email protected]>
Date Tue 10/7/2025 10:34 AM
To Daniel Padilla <[email protected]>
Cc Lourdes Alvarez <[email protected]>
2 attachments (862 KB)
City of Baldwin Park_FY2025 Bus Stop Enhancement Application_Submitted 7.31.2025.pdf; NP26-006.5 BSEP 2025_BaldwinPark.docx;
CAUTION: This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure about an attachment or have questions, please contact IT Support.
Hello Mr. Padilla,
Foothill Transit has completed the review of the City of Baldwin Park’s BSEP application and is pleased to inform you that the proposed enhancements in the amount of $40,000 have been approved.
Attached is a copy of the award letter and contract for signature. We will also be mailing out a hard copy. If you have any questions or concerns, please do not hesitate to reach out.
Thank you and congratulations,
Joe
Joseph Raquel
Director of Planning and IT
Foothill Transit
Phone: 626-931-7226
Mobile: 626-665-9957
email: [email protected]
Please consider the environment before printing this e-mail
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). It is the property of the Foothill Transit and shall not be used, disclosed or reproduced without the express written consent of Foothill Transit. If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail or telephone and then delete this message, including any attachments.
ITEM NO: 9.
STAFF REPORT
TO: Honorable Mayor/ Chair and Members of the City Council for the City of Baldwin Park and Successor Agency
FROM: Manuel Carrillo Jr, Chief Executive Officer
Rose Tam, Finance Director
PREPARED BY: Albert Trinh, Accounting Manager
DATE: November 19, 2025
SUBJECT: Financial Adjustments for Successor Agency and General Fund
SUMMARY:
Administrative costs and interest allocated to the former Redevelopment Agency (RDA) of the City of Baldwin Park which was advanced from City’s General Fund. The amount have accumulated to a total of $24,329,952, with records dating back before 2003. After the dissolution of the former RDA, the California Department of Finance (DOF) did not recognize and rejected the advance transaction from General Fund to former RDA. As a result of this, staff recommend the City Council and the Board to reverse the advance from General Fund to Successor Agency.
RECOMMENDED ACTION:
It is recommended that the City Council and the Board authorize the reversal of the advance from General Fund to Successor Agency in the amount of $24,329,952.
FISCAL IMPACT:
The reversal of the balance has no net-cash impact in the General Fund and Successor Agency funds, as the adjustment is a wash. This action is an accounting adjustment reflected in the City’s financial records.
BACKGROUND:
Prior to the dissolution of the RDA, administrative costs were allocated to the former RDA funds, which were advanced from the General Fund in the past up until 2011. A partial pay-off of $3,473,836 was made on January 25, 2011. The advance accumulated interest through June 30, 2023, which now totals to $24,329,952 in principal and interest. The balance was included and submitted through Recognized Obligation Payment Schedules (ROPS) to the DOF but was not recognized and rejected, resulting in the General Fund retaining the advance to the Successor Agency to this day.
DISCUSSION:
None
ALTERNATIVES:
None
CEQA REVIEW:
None
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
None
ITEM NO: 10.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
Daniel Padilla, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Maintenance Manager DATE: November 19, 2025
SUBJECT: Request to Approve Traffic Signal Maintenance Agreement with YUNEX, LLC through “Piggy-Back”
SUMMARY:
Staff recommends awarding a maintenance contract to Yunex, LLC for the City’s Traffic Signal and Street Light Maintenance Program. The contract will cover routine preventive maintenance of city-owned traffic signal systems, streetlights, and traffic control safety devices, as well as unit pricing for non-routine and emergency repairs. Approval also includes authorization for extraordinary repairs and system upgrades to address aging infrastructure.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Approve and award a maintenance contract to Yunex, LLC through piggybacking from City of Glendale’s recent contract in an annual amount not-to-exceed $200,000; and,
2. Approve an additional $64,581.59 for a one-time non-routine repair work and system upgrade to traffic signal system; and,
3. Authorize the Mayor and City Clerk to execute the contract with Yunex, LLC for traffic signal and street lighting systems maintenance; and,
4. Authorize the Director of Finance to make the necessary appropriations and budget adjustments for Gas Tax and SB1 funds.
FISCAL IMPACT:
There is no impact on the General Fund. The cost of services will be funded using Gas Tax and SB1 (RMRA) Funds in a not-to-exceed amount of $200,000 annually with fixed rates through FY2028-29, adding additional appropriation to cover the one-time project cost for extraordinary work in the amount of $64,518.59 from SB1 Fund. The first year of the new contract will be prorated based on seven (7) months remaining in FY25-26. The total amount of the contract through June 30, 2029 will be $782,000.
Description Amount
Routine Maintenance and Inspections $135,000
Emergency Response Work $30,000
Additional Support Services/ Non-routine $35,000
Total Amount Per Year $200,000
* Funding for emergency work and additional support services will be used on an as-needed basis.
BACKGROUND:
The City owns and maintains 61 traffic signal systems, approximately 440 streetlights, and various traffic control devices (e.g., speed feedback signs, flashing beacons, and battery backup systems). These assets must be properly
maintained to ensure public safety and the efficient operation of the City’s transportation system.
The City first entered into an agreement with Yunex, LLC (formerly Siemens Mobility Inc.) on September 5, 2018. On December 6, 2023, City Council approved the second and final extension, which expired on September 30, 2025.
DISCUSSION:
During the contract tenure, Yunex has worked with the City to provide excellent traffic signal maintenance services, with prompt response times, and effective solutions for any traffic signal issues. Yunex provides quality service with highly trained technicians and electricians that far exceed the industry standard. Yunex is committed to providing quality service, making itself available for the City’s calls and needs for traffic signal maintenance and repair, maintaining the safety and welfare of residents and the public who travel on the public roads of the City of Baldwin Park. Moreover, Yunex LLC has extensive and historical knowledge of the City of Baldwin Park’s traffic system. Staff recommends continuing to utilize Yunex LLC and acknowledge the professional, efficient, cost-saving and prompt services they provide to the City.
Yunex, LLC recently entered into an agreement with the City of Glendale (Attachment B) for the same services required by the City of Baldwin Park. This agreement was the result of a competitive RFP process administered by the City of Glendale Public Works Department. Baldwin Park’s Municipal Code Section 34.23 – “Cooperative Purchases” allows for the City to enter into contracts for services issued by a wide range of other governmental agencies (Section 34.23(C)2). By leveraging Glendale’s rates (negotiated in June 2024), the City avoids increased costs associated with inflation and current market conditions. Staff are therefore recommending approval of an agreement with Yunex, LLC to provide necessary traffic signal maintenance services (routine and emergency) under the guidance of section 34.23.
The term of this agreement is for roughly 3 years and 7 months, and will end on June 30, 2029.
In addition to the annual maintenance agreement, staff recommends approving one-time extraordinary repair work totaling $64,518.59 to address outstanding repairs due to aging equipment, weather-related wear, and potential electrical issues in the loop detection system. This one-time work will be funded by SB1 (RMRA) funds. This repair work includes the following plus 10% contingency for any unforeseen costs associated with this maintenance project:
Location Description Amount
Maine Ave & Olive St. Install 18 Type E loops
Los Angeles St. & Center St, Install 12 Type E loops
Ramona Blvd. & Baldwin Park Blvd. Install 2 Type E loops Los Angeles St. & Merced Ave. Install 6 Type E loops Los Angeles St. & Walnut Ave Install 2 Type E loops
Maine Ave & Olive St. Install 6 Type E loops
Six (6) Locations: Baldwin Park Blvd
& Foster Ave, Baldwin Park Blvd &
Ramona Blvd., Merced Ave & Market
Place, Puente Ave & Town Center,
Baldwin Park Blvd. & Francisquito
Ave., Pacific Ave & Vineland Ave.
Replace six (6) controllers with 170 ATC HC11
Q-UART
Pacific Ave & Vineland Ave Replace Cabinet Lock
$58,653.26
10% Contingency $5,865.33
Total Amount $64,518.59
The recommended improvements will help enhance traffic flow, reduce long wait times, ensure a more consistent, reliable traffic system, and on-going improvements to overall traffic safety.
ALTERNATIVES:
1. The City Council may choose not to approve the agreement and direct staff to issue a new RFP for maintenance services. This is not recommended, as it would likely result in higher costs or proposals from less qualified firms.
2. The City Council may direct staff with alternative directions.
CEQA REVIEW:
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a “project” under CEQA
LEGAL REVIEW:
This report has been reviewed and approved by the City Attorney as to legal form and content
ATTACHMENTS:
1. Yunex Maintenance Agreement
2. PWD_Yunex_Traffic_Svcs_22404794
3. Attachments for Proposed Additional Repair to City of Baldwin Park Signal System Infrastructure _ 2025
4. YUNEX Contract Cities _ 2025
1 Yunex
CITY OF BALDWIN PARK
MAINTENANCE SERVICES AGREEMENT
WITH YUNEX LLC
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of November, 2025 (“Effective Date”), by and between the CITY OF BALDWIN PARK , a municipal corporation (“City”), and YUNEX LLC , a Delaware limited liability company (“Contractor”).
RECITALS
A. On June 26, 2023, the City of Glendale (“Glendale”) went through a competitive selection process in connection with its Request for Proposals (RFP) No. 2023-006 for the maintenance of traffic signals and other traffic-related electrical devices.
B. Contractor submitted a responsive proposal that was among those selected by Glendale. Contractor represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 2023-006. Glendale and Contractor entered into a contract for the services on February 1, 2024, with two (2) one (1) year options to extend.
C. Pursuant to Baldwin Park Municipal Code Section 34.23(C), the City can piggy- back onto services that have gone through another city’s competitive process, utilizing the other city’s competitive process in the hiring of a contractor.
D. City proposes utilizing the services of Contractor as an independent contract or to perform services , as more fully described herein, at the same price offered by Contractor to Glendale.
E. Contractor represents that it has the experience and expertise to properly perform such services, holds all necessary licenses to practice and perform the services and is willing to perform the services.
F. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed.
G. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2 Yunex
1.0 SERVICES PROVIDED BY CONTRACTOR
1.1 Scope of Services . City hereby retains Contractor to provide the services more particularly described in the Scope of Services attached hereto as Exhibit “ A” and incorporated herein by reference.
1.2 Prevailing Wage Requirements.
1.2.1 Prevailing Wage Laws. This Project is a public work as defined in California Labor Code Section 1720. By executing this Agreement, Contractor certifies that neither it, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering into a contract for, or performing the Work. Contractor and all Subcontractors of any tier are required to pay all workers employed in the execution of the Work not less than the general prevailing wage rates of p er diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations (“DIR”) under Section 1720 et seq. of the California Labor Code. The Director’s determination of prevailing rates are on file with the City and are available on -line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and are referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein. By executing this agreement, Contractor certifies that neither it, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering into a contract for, or performing the Work.
1.2.2 California Labor Code . Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:
1.2.3 Per Diem Wages . Section 1771, Contractor and any subcontractors shall pay not less than the general prevailing rate per diem wages.
1.2.4 Penalty for Not Paying Prevailing Wage. Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference b etween the applicable wage rate and the amount actually paid.
1.2.5 Certified Payrolls . Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must cert ify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.
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1.2.6 Apprentices. Section 1777.5 prescribes the terms and conditions for employing registered apprentices. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contrac tor or any subcontractor under him/her.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation, to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.
The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of one to five, or
c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or
d. When the Contractor provides evidence that he/she employs registered apprentices on all of his/her contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he/she employs registered ap - prentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him/her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
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1.2.7 Legal Day’s Work. Section 1810, eight hours of labor constitutes a legal day’s work and the Contractor and any subcontractor under him/her shall comply with and be governed by said section.
1.2.8 Penalty for Exceeding Daily/Weekly Hours. Section 1813, Contractor will forfeit to the City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815.
1.2.9 DIR Registration . Sections 1725.5 and 1771.1 requires all general contractors and subcontractors to be registered with DIR.
1.2.10 Posting. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1.2.11 Travel Pay. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1.
1.3 Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
a. Meet with Contractor to review the quality of the work and resolve the matters of concern;
b. Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
c. Terminate the Agreement as hereinafter set forth.
1.4 Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal , State and local laws and ordinances applicable to the services required under this Agreement including all employment laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
5 Yunex
1.5 Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status .
Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6 Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to the timely completion of the services. The key personnel assigned to perform portions of the services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the partie s in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. The key personnel for performance of the services under this Agreement is Josh Ferras.
1.7 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement, including without limitation, the indemnity and insurance obligations. Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
1.8 Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.
6 Yunex
2.0 COMPENSATION AND BILLING
2.1 Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “B” attached hereto and made a part of this Agreement. Contractor’s total compensation shall not exceed Two Hundred Thousand Dollars ($ 200,000.00) per fiscal year.
This does not include one-time extraordinary project costs.
2.2 Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services in Exhibit “A” unless the Chief Executive Officer or designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should Contractor perform any additional services which have not been approved, in writing, by the City, Contractor does so at its own risk and costs.
2.3 Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4 Records and Audits. Contractor shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable as relating to this Agreement and shall be maintained in accordance with generally recognized accounting principles. Contractor shall allow a representative of the City (including the California State Auditor if requested by the City pursuant to Government Code § 8546.7) during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall retain and allow inspection of all work, data, documents, proceedings, and activities related to the A greement for a period of three (3) years from the date of final payment under this Agreement. and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1 Commencement and Completion of Work . Unless otherwise agreed to in writing by the parties, the services to be performed under this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2 Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages,
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compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0 TERM AND TERMINATION
4.1 Term. This Agreement shall commence on the Effective Da te and continue until June 30, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2 Notice of Termination . The City has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3 Termination.
4.3.1 Termination Without Cause. In the event of termination without cause, City shall pay Contractor for reasonable costs incurred and services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor.
4.3.2 Termination for Cause. In the event of termination for cause, Contractor will be liable to City for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. The City is entitled to withhold any payments otherwise owed to Contractor to the extent of such costs, losses, expenses, damages, and liability.
5.0 INSURANCE
5.1 Minimum Scope. Prior to City’s execution of this Agreement and Contractor’s commencement of the services , Contractor shall secure, submit proof of , and shall thereafter maintain without interruption, until completion of and acceptance by the City of the services, such workers’ compensation, commercial general and automobile liability insurance as shall protect Contractor, its subcontractors and the Additional Insured’s herein, from any and all claims for damages for personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Contractor, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them.
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5.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or larger.
5.3 Minimum Limits . Contractor shall maintain minimum limits of insurance as follows:
5.3.1 Commercial General Liability . Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premise s and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Doll ars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location.
If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
5.3.2 Automobile Liability Insurance . Business automobile liability for all owned, hired, leased, and non-owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
5.3.3 Workers’ Compensation and Employer’s Liability Insurance . Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Contractor. Contractor agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, officials, agents, emp loyees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
By signing this Agreement, the Contractor acknowledges and agrees to the following:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Proje ct
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Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this Section.
5.3.4 Professional errors and omissions (“E&O”) liability insurance .
Professional E&O liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work.
A copy of the claims reporting requirements must be submitted to the Project Manager for review.
5.3.5 Additional Insurance. If the Contractor maintains broader coverage and/or higher coverage limits than the minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Contractor. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City.
5.4 Notice of Cancellation and Renewals . The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to City). Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall, within five (5) days, procure other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.
5.5 All Coverages . The insurance policy or policies shall also comply with the following provisions:
5.5.1 Standards for Insurance Companies . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide.
5.5.2 Scope of Insurances. Policies shall include premises/operations, products completed operations, independent contractors, owners and contractors’ protection, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage.
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5.5.3 Waiver of Subrogation. The policy shall be endorsed to waive any right of subrogation against the City and its subcontractors, employees, officers, agents and directors for work performed under this Agreement.
5.5.4 Claims Made Basis . Coverage shall be on a standard occurrence form.
Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable..
5.5.5 Primary, Not Contributory. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City.
5.5.6 City Named Additional Insured. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Baldwin Park, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
5.5.7 Combination of Insurances is Acceptable. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5.5.8 Deductibles Exceeding $25K . Any deductible or self -insured retention shall be shown on the certificate of insurance. If the deductible or self -insured retention exceeds $25,000.00, it shall be approved in advance by City. Contractor is responsible for any deductible or self -insured retention and shall fund it upon City written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving City.
5.6 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Contractor shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City shall continue to be an additional insured for completed operations for (1) year after completion of the work.
5.7 Contractor’s Failure to Provide Required Insurance . Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by
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the City. In the absence of satisfactory insurance coverage, City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Contractor by way of set-off or recoupment from sums due Contractor; (b) immediately terminate or suspend Contractor’s performance of the Agreement; (c) pay Contractor’s premiums for renewal of Contractor’s coverage; or (d) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Contractor, by way of set -off or recoupment from any sums due Contractor. Upon demand, Contractor shall repay City for all sums that City paid to obtain, renew, reinstate , or replace the insurance, or City may offset the cost against any monies that the City may owe Contractor.
5.8 Verification of Coverage. City shall have the right to obtain complete and certified copies of Contractor’s and subcontractors insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required this Agreement, upon request (including, but not limited to, the declarations page, form list and riders).
5.9 No Limitation . Contractor’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor or its subcontractors to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
5.10 Subcontractors Insurance. The Contractor shall include in all subcontracts a requirement that its subcontractors obtain and maintain, at a minimum, all insurance required by this Agreement. The City reserves the right to request certificates of insurance from the Contractor for its subcontractors. The Contractor acknowledges that regardless of insurance obtained by its subcontractors, the Contractor will be responsible to the City for any and all acts of its subcontractors.
6.0 INDEMNIFICATION
6.1 Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or subcontractors, of the work undertaken pursuant to this Agreement. The defense obligati on provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees b ased upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This
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provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
7.0 GENERAL PROVISIONS
7.1 Entire Agreement. This Agreement constitutes the entire a greement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.
7.2. Amendments in Writing . This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.
7.3. Priority of Documents . The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
7.4 Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
7.5 Project Managers. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
7.6 Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communicati on is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Yunex LLC
1026 E. Lacy Avenue
Anaheim, CA 92805
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Tel: (951)784-6600 Tel: (626)224-0100
Attn: Josh Ferras Attn: Anthony Vazquez
7.7 Attorneys’ Fees . If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and
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expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
7.8 Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.
7.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
7.10 Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall r elease Contractor of Contractor’s obligation to perform all other obl igations to be performed by Contractor hereunder for the term of this Agreement.
7.11 Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
7.12 Conflicts with Independent Contractor . Contractor/Contractor’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall
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cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.
7.13 PERS Eligibility Indemnification . If Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.
7.14 Cooperation. If any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
7.15 Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq .) and Government Code s ection 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
7.16 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall provide clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City shall rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
7.17 Prohibited Employment. Contractor shall not directly solicit for employment nor hire any employee of City while this Agreement is in effect. Notwithstanding the above, this provision shall not apply to any publicly advertised position to which an employee, without enticement or promises by Contractor, applies.
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7.18 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
7.19 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
7.20 Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
7.21 No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
7.22 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or int erpretation of this Agreement.
7.23 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
7.24 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
7.25 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
7.26 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect
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the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
7.27 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
7.18 Signing Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
YUNEX LLC
__________________________________ Date: __________________________ Name
Title
____________________________________ Date: __________________________ Name
Title
CITY OF BALDWIN PARK
____________________________________ Date: __________________________ Manuel Carillo, Jr.
Chief Executive Officer
ATTEST:
____________________________________
Christopher Saenz
City Clerk
APPROVED AS TO FORM:
____________________________________ Date: __________________________ Christian Bettenhausen
City Attorney
1 [YUNEX, LLC]
EXHIBIT “A”
SCOPE OF SERVICES
2 [YUNEX, LLC]
SCOPE OF SERVICES
1. GENERAL
The Contractor will be required to provide the City with certified personnel, vehicles and equipment, and materials as necessary to maintain the City's traffic signals and related equipment. The Contractor must have the resources and abilities to install various traffic signal poles, controller cabinets, and other associated equipment. The scope of services may include, but will not be limited to the following:
2. TECHNICAL SERVICES AND MAINTENANCE PERSONNEL
The Contractor will be required to have available and readily accessible all required vehicles, tools, equipment, apparatus, facilities, and materials to perform all work necessary to maintain the traffic signals and related equipment in compliance with current Caltrans standards and specifications.
The Contractor will be required to perform routine monthly traffic signal maintenance services, with additional non-routine maintenance services pursuant to "Exhibit B” Schedule of Fees.
The Contractor will be required to provide regular field preventive maintenance, installation, and repair of existing controller assemblies and cabinets by qualified personnel that meet or exceed the following qualifications:
o One Level Three technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years’ experience in traffic signal repairs;
o One Level Two technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years’ experience in traffic signal repairs;
o Familiarity with programming and repair of all traffic signal controllers; o Proficient in programming conflict monitors (CMU) and malfunction management units (MMU);
o Familiarity with basic traffic signal timing principles; o Proficient with all types of detection systems; video, loops and wireless. o Familiarity with hardware and wireless communications technology including troubleshooting, installations and adjustment of external and internal modems;
o Familiarity with various battery backup systems to include installation, programming and testing procedures, and maintenance;
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o Ability to perform cabinet modifications and upgrades as required by the City;
o Technician(s) shall be available 24 hours a day/7 day a week
The Contractor will be required to assign adequate traffic signal technicians to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal (once every month. An inability to provide routine maintenance to each traffic signal may cause the Contractor to be subject to adjustment of payment to Contractor.
The Contractor will be required to provide a 24 -hour service for knockdowns, emergencies and unplanned power outages.
The Contractor will be required to have a complete traffic signal laboratory located in Southern California or will be required to include the use of a certified traffic signal laboratory as part of its services (the name and location of the laboratory shall be listed in the Contractor's proposal).
The Contractor will be required to maintain a stock of common replacement parts. The equipment may include but is not limited to the following: Model 170E, 2070 signal controllers and a minimum of two (2) spare 2070 controllers assigned to our City, 24VDC Power Supply, MMU's/CMU's, flash transfer relays, load switches, detectors, LED red/yellow/green lamps, LED pedestrian signals/Speed feedback and batteries, and ADA compliant pedestrian activation buttons.
The Contractor may offer alternatives to existing equipment to meet the changing demand as it occurs, when directed by City.
The Contractor will be required to perform installations of knockdown replacement signal equipment including traffic signal poles ranging from Type 1A to Type 60, and to install traffic signal controller assemblies, cabinets, electric services, and to install inductive loop detectors.
The Contractor will be required to assis t the City with the calibrating of traffic signal timing and progression; timing of traffic signals shall only be changed under the approved general direction of the City Engineer or his designee.
The Contractor will be required to cooperate with the Baldwin Park Police Department, LA County Fire Department, the City Manager and responsible City department heads in cases of emergency. The Contractor will be required to refer all questions from the public to the City.
3. PREVENTIVE MAINTENANCE
The Contractor will be required to provide preventive maintenance for the traffic signal equipment. The Contractor will be required to provide one electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the maintenance checklist
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in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist at the Contractor's office of records.
The Contractor will be required to follow a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The program will include, but not be restricted to, the following:
Monthly Routine Maintenance
o Preventive Maintenance (PM) checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each traffic signal. The PM Checklist Form will be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the traffic signal cabinet or the signal equipment at the intersection {detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles ,etc.). o Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening.
o Traffic signal Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and report the need to reseal the cabinet foundation as necessary.
o Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures of evidence of moisture or deterioration. Report on the need to completely replace any gaskets showing signs of leaking or deterioration.
o Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material.
Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters. Take appropriate action based on the condition of the filter. o Cabinet Fan: Verify that cabinet fans(s) operate properly with a minimum of noise.
o Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees. o Interior Light: Verify the proper operation of the cabinet's interior light. o Door Panel Harnesses: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do
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not bind against the cabinet door. Adjust, if necessary. o Hinges and Locks: Check the free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures.
Use a minimum of oil or spray lubricant and remove any excess. o Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet. o Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City.
o Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground .
o Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets. o Plug-In Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely.
o Ground Fault Receptacle: Verify the proper operation of the "Test" and "Reset" buttons on GFCI type outlets .
o Intersection Records: Ensure that all intersection cabinet wiring diagrams are present and up to date.
o Controller Operation: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make notes for the file. Verify signal timing is current with timing sheets in cabinet. Confirm controller time and dates are correct. (Especially after daylight savings time change). o Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock. o Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn -on of the appropriate detection indicator as a vehicle passes over the detector loop(s). Check also that a call is placed
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on the correct controller phase. Detector Operation (video detection):
Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller .
o Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly. o Pre-Emption Devices: Test any pre-emption devices for proper operation. o System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately.
o Battery Back -Up System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.
o Check all battery connections to ensure they are clean and secure. o Safety lighting at signalized intersections is to be replaced as they become inoperative, or when directed by the CITY. High-pressure sodium vapor or LED lamps are to be used for replacement. Starting the third month of this contract, the contractor shall conduct a yearly nighttime survey of City owned lights, inspecting and correcting any inoperable safety lighting, soffit lighting, internally illuminated street name signing, and any other appurtenant illuminated signage.
A report on all findings and recommended actions from such survey shall be sent to the City Engineer for review. Attachment C lists the locations and a map of city-owned streetlights.
Intersection Walk-Around (included as a part of Monthly Routine Maintenance):
o General: Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment.
o Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units
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will be paid in addition to the established flat rate fee per intersection. o Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary including for the visually impaired.
o Internally illuminated street name signs (ISNS): Verify that the ISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing.
o Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc.
Quarterly Maintenance: Traffic Signal Systems
o Provide a quarterly (i.e. every three months) system check to ensure traffic signal systems function in accordance with the timing plans. Investigate and determine causes of any performance issues (i.e. faulty pedestrian push buttons, faulty vehicle detection, faulty communication, etc.) and recommend appropriate repairs necessary for system operation in accordance with the timing plan. Repairs necessary to improve the function of traffic signal systems shall be compensated as "Extra Work".
o Maintenance of the traffic signal systems is a critical component of the City's desired services. The Contractor will be required to have qualified traffic signal technicians that have demonstrated experience in maintaining traffic signal systems, with a proven ability to troubleshoot and diagnose problems with the efficient operation of these systems.
Semi-Annual Maintenance (In conjunction with monthly maintenance):
Uninterrupted Power Supply (Back-Up) System (see Exhibit "C” for locations):
o Load tests all batteries and records on paper and with silver marking pen on each battery the date and load test results.
o Perform 15-minute test.
o Verify bypass switch is operating property.
o Verify unit is set for 60% fully operational and 40% red flash.
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o Inspect and test battery charging system.
Video Detection System Where Applicable:
o Ensure proper operation, clean video detection camera lens as needed. o Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs.
o Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.
o Check: All pull boxes for structural defects, insect or rodent infestations, and properly secured lids.
o Verify timing charts to controllers. If they are not correct contact City staff to verify differences.
o Report significant areas of rust on cabinet exterior and signal poles to City staff.
o CCTV Cameras Where Applicable: Ensure proper operation, clean camera lens as needed.
o Check ground rod clamps and wire.
o Check operation of ground fault receptacle.
o Measure voltage at service inputs in cabinet and record. o Speed feedback signs, flashing beacons, ped. alert system o Battery performance test and replacement
o Traffic operation observation to ensure the timing is appropriate. Notify the City Engineer immediately of any timing anomaly or deficiency.
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Records: Intersection Records (to be provided in electronic and hard copy format)
o Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list shall be continually updated, and a copy shall be furnished to the City every six months.
o Preventive Maintenance (PM) Checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each intersection. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).
Monthly Activity Report
Provide a monthly electronic activity report to the City by the fifteenth working day of each month for the previous month and/or provide internet customer account access. The report should be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail and shall include the following:
o Time the service calls were received, time arrived at the intersection, the response time, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month.
o A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection o Time and date the PM work was performed.
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Pending Repair List
Provide a monthly report of all pending repair work needed at each intersection.
Compensation for all routine "Preventive Maintenance" work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month, in accordance with the Cost Proposal, Exhibit “B” and completed and returned by the Contractor in its Proposal. (For clarification, each intersection will be billed to the City no more than once every month for routine preventive maintenance work). No additional or separate payment will be made for labor and materials, vehicles, equipment, or for daily travel time from the Contractor's base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventive maintenance work as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized.
The Contractor will be required to assign a traffic signal technician to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal. The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide routine preventive maintenance, and to respond to unscheduled/emergency work ("Extra Work") during regular working hours (8:00 AM to 5:00 PM, Monday through Friday). An inability to provide maintenance to each traffic signal every month may cause the Contractor to be subject to adjustment of payment to Contractor.
4. UNSCHEDULED MAINTENANCE OF TRAFFIC SIGNAL CONTROL
EQUIPMENT
Unscheduled/emergency work includes, but is not limited to the following:
Downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, pedestrian signal heads, wiring, and other operational equipment related issues.
Assist the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.
Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City.
The Contractor shall provide materials for permanent repairs, uses in the repair or replacement of City equipment. The City shall reimburse the Contractor for materials used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price. No permanent change of control mechanisms shall be done without prior approval of the
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City. Whenever equipment is removed from the controller cabinet, the City shall be notified by phone within 24 working hours, except weekends and holidays.
Notify the City in advance of any traffic signal de-activations that may be required to provide the required services. Traffic signal de-activations shall not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.
The Contractor shall cover the cost for replacing any parts to the controller mechanisms under the provisions of the preventive maintenance program. When entire controller mechanisms become obsolete or are deteriorated beyond repair, report such conditions to the City and provide satisfactory evidence that replacement is necessary. Prepare estimates showing the cost breakdown of material and labor for replacement of such controller mechanisms and submit this information to the City. Replacement of an entire controller mechanism, if ordered by City, shall be paid for as "Extra Work".
"Extra Work" includes, but is not limited to the following:
Traffic Signal and Pedestrian Signal Indications:
Replace or repair standard traffic signals (red, yellow and green) and pedestrian signal display units as they malfunction upon authorization from the City. All traffic signal and pedestrian indications shall be Caltrans approved LED units only.
Unscheduled Maintenance:
Respond within one (1) hour after City's notice of the following events:
o Any signal controller malfunction;
o Burned out red, yellow, or green ball or arrow display; o Other situations that are potentially hazardous to public safety
The replacement of burned-out lamps need not be on an after-hours "emergency" basis provided that there are at least two (2) such signal indications still operative for each direction of travel. Such replacements will be completed within twenty-four (24) hours. Notify the City within twenty-four (24) hours of any change in traffic signal operation caused by controller replacement, timing changes, and loss of master control or traffic collisions.
Maintenance activities that require periodic replacement of minor parts will not require City approval.
Replacement of controllers, cameras, and battery backup systems will require approval of City staff prior to replacement. Serial numbers of units removed will be recorded and the unit delivered to the City staff.
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Emergencies
The Contractor shall contact the City Engineer or his representative regarding any extraordinary maintenance work and seek his prior approval before the work is scheduled. The Contractor shall notify the City Engineer by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response.
For the emergency repair of a signal that is totally blacked out, the following procedure of traffic control shall apply:
o The Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal conditions.
o If no Police personnel are present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City.
o If Police Personnel are still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the Police Personnel. If the repair takes only a few minutes, the officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair takes longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the officer. The Contractor shall notify the City's representative at any time traffic control measures are put into effect.
Emergency calls that require replacement of equipment will not require approval from City before such replacements are commenced. Additional staffing shall be provided where responding technicians cannot handle emergency work alone (knockdowns, wire pulls, etc.).
Maintain a single local telephone where an on-call traffic signal technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all people designated by the City.
Monitoring Emergency Calls: At the time the on-call traffic signal technician is notified of an emergency by the City, he will call the designated City representative. If the designated representative is not available, the following numbers are available to verify that the on-call traffic signal technician has received the call:
TIME TELEPHONE NO.
7:30 AM - 5:30 PM (626) 960-3993 extension 0, Public Works Department
5:30 PM - 7:30AM After hour telephone number: (626) 960-1955 Baldwin Park Police Dispatch
Upon completion of emergency work, contact the above telephone numbers and inform the City that the emergency work has been completed.
Compensation for unscheduled maintenance work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Exhibit "B.
Compensation for travel time shall be included in the payment for unsc heduled or emergency work for those calls originating between 5:30 PM to 7:30 AM, for the actual travel time to the City, up to a one (1) hour maximum.
5. UPGRADES
The Contractor will be required to maintain any additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City.
Upgrade work may include but is not limited to the following:
o Replacement of existing non-operative equipment as needed; o Enhancing equipment as needed or warranted;
o Installation of new controller equipment, signal cabinets, signals heads, new and related wiring;
o When requested by the City, install, modify or upgrade traffic signals or electrical or mechanical traffic control or traffic safety devices; No upgrade work shall be commenced or undertaken unless authorized by the City. Said authorization is a condition precedent to receiving any reimbursement for upgrade work.
Work shall be performed in accordance with the Standard Plans (current) and Section 86 of the Standard Specifications (current) for the State of California Department of Transportation and the City of Baldwin Park special provisions. This work shall be performed within a time limit established by the City and for a mutually agreed upon price.
City will retain the right to perform any additional work by use of City forces or, alternatively, to advertise such work forbids.
6. NEW TRAFFIC SIGNALS
The Contractor shall be required to coordinate with the City's designated representative on any new traffic signals installed by another Contractor under contract with the City ("City Installed Traffic Signal”), or by another Contractor under contract with a private party ("Developer Installed Traffic Signal"). The City shall assume all responsibility for coordinating construction inspection of new traffic signals, whether a City Installed Traffic Signal or a Developer Installed Traffic Signal, up to, but prior to, final acceptance of work and traffic signal activation. When requested by the City, the Contractor shall coordinate with the City's designated representative when notified that a new traffic signal is to be activated. The Contractor shall participate in a walk-through of the new traffic signal improvements with the City's designated represent ative to determine that the new traffic signal improvements will function as designed. When scheduled, the Contractor shall attend the traffic signal activation and shall participate in confirming that all components of the new traffic signal improvements are operational with the City's designated representative and the installing Contractor.
The Contractor will be responsible for assuming maintenance responsibilities for all new traffic signals following activation.
Compensation for reviewing new ·traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Exhibit "B".
7. ADDITIONS TO SYSTEM
The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified.
8. TRAFFIC CONTROL
The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall obtain a no -fee encroachment permit from the City prior to any lane closures or construction activity within the City right -of-way. All warning lights, signs, flares, barricades, delineators, detours, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All traffic control should conform to, and be placed in accordance with, the current Work Area Traffic Control (WATCH) Handbook and CAMUTCD. Flashing arrow board shall be furnished and maintained as directed by the City.
During working hours, a minimum of one (1) 12-foot-wide travel lane in each direction and all existing left-turn pockets, whenever feasible, shall be maintained. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a:m. or 3:00 p.m. and 6:00 unless an emergency situation exists and such a closure is necessary to safeguard the traveling public.
Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum fifteen (15) feet on center.
Each vehicle used to place and remove components of a traffic control system on multi lane highways shall be equipped with a flashing arrow board that shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow board shall be in place before lane closure(s) requiring its use in implementation.
When maintenance is completed, all traffic control signs, barricades, delineators, etc., shall be removed from the site.
9. WARRANTY SERVICES
During the period of warranty, the Contractor will be required to coordinate all communication between manufacturers, installing Contractor and the City regarding any warranty service; and to notify the City of any undue delays in response by the manufacturer or installing Contractor and details of each incident.
No additional, or separate, compensation shall be paid for warranty service work, which shall be considered as included in the compensation paid for services provided in relation to "Upgrade Work" or "Traffic Signal Inspection".
10. MEETINGS
The assigned traffic signal technician shall be available to meet with the City's designated representative on a monthly basis or as needed at a mutually agreed upon time and place in the City to review each month's maintenance activities. The assigned traffic signal maintenance supervisor shall be similarly available to meet with the City's designated representative on a monthly basis.
No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.
11. METHOD OF PAYMENT
City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". For cost accounting purposes, payment will be made only after submission of proper invoices (hard copy).
EXHIBIT “B”
FEE SCHEDULE
CONTRACT UNIT PRICE
BASE FEE SCHEDULE
Routine Maintenance - Monthly
Item Description Unit Quantity Unit Price Amount
1. Signalized Intersection Each 61 $
Sub-Total $
Routine Maintenance - Semiannual
Item Description Unit Quantity Unit Price Amount
2. Battery Backup System Each 37 $
3. Video Detection System Each $
Sub-Total $
Routine Maintenance - Annual
Item Description Unit Quantity Unit Price Amount
4. Railroad Pre-Emption
Testing
Each 4 $
Sub-Total $
Monthly Total $
Fee Schedule for Extraordinary Maintenance ("Extra Wo rk ") The provided Fee Schedule for labor, services, and equipment , with the exemption of pole or cabinet knockdowns and other emergency situations, extraordinary maintenance requires prior written approval from the City before any work is scheduled. The Contractor shall prepare estimates showing cost breakdown of mater ial and labor for the services and submit this information to the City. The City reserves the right to obtain price quotes from more than one contractor to conduct extraordinary maintenance services.
1. Extraordinary Maintenance – Labor & Material
Item Description Unit Unit Amount
1. Install 6’ – diameter Loop Detector Each EA $
2. Installation of LED pedestrian signal head
module - complete
Each EA $
3. Cabinet and controller laboratory
testing & certification
Per Item EA $
4. Replace Type 1A pole Each EA $
5. Furnish and install Pedestrian Push Button
(PPB)
Each EA $
6. Furnish and install 12” LED Traffic Signal
Modules: Red Ball, Amber Ball, Green Ball
Each EA $
7. Furnish and install 12” 3-section Vehicle Head
Assembly - Complete
Each EA $
8. USA Marking Per Location EA $
9. Replace Overhead Reflectorized Street Name
Sign (RSNS) – City Supplied
Per Item EA $
10. Replace Overhead Illuminated Street Name
Sign (ISNS) – City Supplied
Per Item EA $
11. Furnish and install Street light pole (existing
foundation)
Each EA $
12. Additional Material and Parts Supplier’s invoice amount plus ________% markup
* Premium to be charged for Sundays, Holidays and any additional circumstances as outlined per the Davis Bacon Act and the State of California Department of Industrial Relations (Prevailing Wage guidelines)
2. Extraordinary Maintenance – Labor
Item Description Regular Time
Per Hour
Overtime
Per Hour
Premium*
Per Hour
13. Traffic Signal
Maintenance Supervisor
$
$
$
14. Traffic Signal Technician I $ $ $
15. Traffic Signal Technician II $ $ $
16. Traffic Signal Laborer $ $ $
17. Traffic Signal Apprentice $ $ $
18. Trainer $ $ $
19. Crane Operator $ $ $
3. Equipment Rates
Item Description Hourly Rate Daily Rate
20. Pick-up Truck $ $
21. Service Truck $ $
22. Boom Ladder Truck $ $
23. Crane Truck $ $
24. Dump Truck $ $
25. Arrow Board $ $
26. Compressor with tools $ $
EXHIBIT “C”
LOCATIONS
# INTERSECTION NAME ALPHA BBS NOTES
1 BADILLO STREET & PUENTE
AVENUE
2 BADILLO STREET & WILLOW
AVENUE yes
3 BALDWIN PARK BOULEVARD
& BESS AVENUE yes
4 BALDWIN PARK BOULEVARD
& CALAIS STREET yes
5 BALDWIN PARK BOULEVARD
& CLARK STREET yes
6 BALDWIN PARK BOULEVARD
& FOSTER AVENUE yes
7 BALDWIN PARK BOULEVARD
& FRANCISQUITO AVENUE yes
8 BALDWIN PARK BOULEVARD
& LOS ANGELES STREET yes
9 BALDWIN PARK BOULEVARD
& MERCED AVENUE yes
10 BALDWIN PARK BOULEVARD
& MORGAN PARK CROSSING yes
11 BALDWIN PARK BOULEVARD
& OHIO STREET yes
12 BALDWIN PARK BOULEVARD
& OLIVE STREET yes
13 BALDWIN PARK BOULEVARD
& RAMONA BOULEVARD
14 BALDWIN PARK BOULEVARD
& STERLING WAY yes
15 BALDWIN PARK BOULEVARD
& STEWART AVENUE yes
16 DOWNING AVENUE & PACIFIC
AVENUE
17 BOGART AVENUE & PACIFIC
AVENUE
18 DOWNING AVENUE &
RAMONA BOULEVARD
19 FRANCISQUITO AVENUE &
FRAZIER STREET
20 FRANCISQUITO AVENUE &
DALEWOOD STREET
21 FRANCISQUITO AVENUE &
VINELAND AVENUE
22 FRANCISQUITO AVENUE &
GARVEY AVENUE
23 FRANCISQUITO AVENUE &
PUENTE AVENUE yes
24 FRAZIER STREET & EARL
AVENUE
25 FRAZIER STREET & FOSTER
AVENUE
These 2 Intersections run with 1 traffic signal
CITYWIDE TRAFFIC SIGNALS
CITY OF BALDWIN PARK MAINTAINED
These 2 Intersections run with 1 traffic signal
26 LOS ANGELES STREET &
CENTER STREET yes
27 LOS ANGELES STREET &
BRESEE AVENUE yes
28 LOS ANGELES STREET &
HORNBROOK AVENUE yes
29 LOS ANGELES STREET & LA
RICA AVENUE yes
30 LOS ANGELES STREET &
STEWART AVENUE yes
31 LOS ANGELES STREET &
MERCED AVENUE yes
32 LOS ANGELES STREET &
WALNUT STREET yes
33 MAINE AVENUE & CLARK
STREET
34 MAINE AVENUE & PALMROSE
STREET
35 MAINE AVENUE &
FRANCISQUITO AVENUE yes
36 MAINE AVENUE & LOS
ANGELES STREET yes
37 MAINE AVENUE & OHIO
STREET/HALLWOOD DRIVE
38 MAINE AVENUE & OLIVE
STREET Yes
39 MAINE AVENUE & PARK PLAZA
40 MERCED AVENUE & AHERN
DRIVE
41 MERCED AVENUE & MARKET
PLACE
42 MERCED AVENUE &
VINELAND AVENUE yes
43 PACIFIC AVENUE & VINELAND
AVENUE
44 PACIFIC AVENUE & BIG
DALTON AVENUE
45 PUENTE AVENUE &
DALEWOOD
STREET/GARVEY AVENUE
46 PUENTE AVENUE & MERCED
AVENUE yes
47 PUENTE AVENUE & PACIFIC
AVENUE
48 RAMONA BOULEVARD &
BOGART AVENUE Yes
49 RAMONA BOULEVARD & EARL
AVENUE Yes
50 RAMONA BOULEVARD &
FOSTER AVENUE Yes
51 RAMONA BOULEVARD &
FRANCISQUITO AVENUE Yes
52 RAMONA BOULEVARD & LA
RICA AVENUE Yes
53 RAMONA BOULEVARD &
MAINE AVENUE Yes
54 RAMONA BOULEVARD &
MERCED AVENUE Yes
55 RAMONA BOULEVARD &
MONTEREY AVENUE yes
56 RAMONA BOULEVARD &
PUENTE AVENUE
57 RAMONA BOULEVARD &
STEWART AVENUE yes
58 RAMONA BOULEVARD &
CESAR CHAVEZ DRIVE Yes
59 RAMONA BOULEVARD &
CESAR CHAVEZ DRIVE Yes
60 RAMONA BOULEVARD &
BADILLO STREET/ LOZANO
DRIVE
61 TOWNE CENTER DRIVE &
PUENTE AVE
62 BALDWIN PARK BOULEVARD
& TRACY STREET
63 605 FWY & RAMONA
BOULEVARD
64 I-10 WESTBOUND & BALDWIN
PARK BOULEVARD
65 I-10 WESTBOUND & GARVEY
AVENUE BY DENNYS
66 I-10 EASTBOUND & FRAZIER
STREET
67 I-10 EASTBOUND &
DALEWOOD STREET
68 ARROW HIGHWAY & AZUSA
CANYON ROAD SHARED INTERSECTION - IRWINDALE
69 BROOKS DRIVE &
RIVERGRADE ROAD SHARED INTERSECTION - IRWINDALE
70 LIVE OAK AVENUE &
STEWART AVE SHARED INTERSECTION - IRWINDALE
71 LOS ANGELES STREET &
LITTLE JOHN STREET SHARED INTERSECTION - IRWINDALE
72 RAMONA BOULEVARD &
BARNES AVENUE SHARED INTERSECTION - IRWINDALE
73 RAMONA BOULEVARD &
SYRACUSE AVENUE SHARED INTERSECTION - IRWINDALE
74 ARROW HIGHWAY & MAINE
AVENUE SHARED INTERSECTION - IRWINDALE
75 LIVE OAK AVENUE & BALDWIN
APRK BOULEVARD SHARED INTERSECTION - IRWINDALE
76 LIVE OAK AVENUE &
RIVERGRADE ROAD SHARED INTERSECTION - IRWINDALE
CALTRANS MAINTAINED
LA COUNTY PUBLIC WORKS MAINTAINED