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2019 03 20
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MARCH 20, 2019 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin. Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: March 14, 2019. Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 20, 2019. 44r" Lourdes Morales, Chief Deputy City Clerk AGENDA ► _:4 CITY COUNCIL SPECIAL MEETING Please note time and MARCH 20, 2019 o�t�on 5:30 PM CITY HALL — 3r6 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 oo pLDW�_ *17 HU OF N17 V r1l 7� • --1 F • SAN GA ' AI E L 2�0 V ALLEY hah 'A,o tih• O�q14tD JANV P Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, para agenda, but only on any matter posted on this hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council or agenda. Si usted desea la oportunidad de dirigirse al any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podrcl hacerlo PUBLIC COMMUNICATIONS period noted on durante el perfodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) minutos. interpreter is available for your convenience. Hay un int6r rete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sercl el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algGna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dingir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. (Codigo de Gobierno §54954.21 OPEN SESSION/STUDY SESSION 1. CIP Update Presentation Sam Gutierrez RECESS TO CLOSED SESSION 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Jason Adams v. City of Baldwin Park Case Name: Maria Delgado v. City of Baldwin Park 3. Public Employee Appointment (GC §54957): Position: Chief of Police Case No. BC548602 Case No. BC676398 Case No. BS163400 Case No. 2:19-cv-00297 Case No. BC635496 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kali Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 20, 2019. Cou&rdes Morales Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 ore -mail lmorales(o)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE IQ AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 20, 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 O� SpLD HU OF SAS EL • AL E . hAy'O Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco Mayor - Mayor Pro Tem Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 94403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation Recognizing DMV Donate for Life Month • Proclamation Recognizing March as Red Cross Month • Certificates Recognizing Sierra Vista High School Soccer Team CIF & State Titles • Choice Aggregation Energy Implementation Plan & Statement of Intent Presentation • California Consulting, Inc. Presentation PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sercl el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Govemment Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas porpersonas, o 2) Dirigirpersonal a investigary/o fijarasuntos para tomaren consideraci6n en juntas proximas. (Codigo de Gobiemo §54954.21 City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. Warrants and Demands Staff recommends that Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report —January 2019 Staff recommends that Council receive and file the Treasurer's Report for January 2019. 3. Meeting Minutes Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on March 6, 2019. B. Meeting Minutes of the Regular City Council Meeting held on March 6, 2019. 4. Approval of Design -Build Contract with Merge Conceptual Design, LLC. for Professional Services for an Art in Public Space Project, Including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays Staff recommends City Council to authorize the Mayor to execute a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation the Public Art Project, including signs and digital marquee display in the amount not -to -exceed $616,360. 5. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018- 0266 — Brooks Drive and Springs Street Reconstruction Project It is recommended that the City Council: 1. Accept the construction improvements by All American Asphalt, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $13,740.61 in retention funds to All American Asphalt, Inc. upon the expiration of the 35 -day notice period. 6. Award of Bids for City Project No. 2018-0273, CIP No. 19-113- Walnut Creek Nature Park Improvements Phase III It is recommended that the City Council: 1. Approve and award the contract to CEM Construction Corp. of Downey, CA in the amount of $893,010.00; and 2. Authorize the Mayor and City Clerk to execute the contract for Walnut Creek Nature Park (WCNP) Improvements, Phase III Project; and 3. Authorize the Director of Finance to appropriate $80,000.00 from Measure M fund 255 to Account # 255-50-58100-16185. City Council Agenda Page 3 7. Approval of Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) for Rail Safety Crossing and Quiet Zone Ready Improvements at MacDevitt Street, Merced Avenue and Foster Avenue It is recommended that the City Council: 1. Approve the Design Services Agreement with SCRRA for railroad design services for highway -rail grade crossing warning and signalization including Quiet Zone improvements at the MacDevitt Street, Merced Avenue and Foster Avenue crossings and authorize the Mayor to execute the DSA agreement in an amount not -to -exceed $470,800; and 2. Authorize the Director of Finance to draw -down from the Measure M Revenue Bond proceeds held by U.S. Bank to cover the DSA costs; and 3. Authorize the Director of Finance to reduce the approved budget from Acct. #255-50-520-58100-15550 in the amount of $658,252 to be re -appropriated to other projects and to make the necessary budget adjustments. 8. A Resolution of the City Council of the City of Baldwin Park Approving the Agreement and Election to Prefund Other Post -Employment Benefits (OPEB) with the California Employer's Retirement Benefit Trust Fund (CERBT) Administered through the California Public Employees Retirement System (CaIPERS) and Approve the Delegation of Authority to Request Disbursements Staff recommends that the City Council: 1. Approve the agreement with CalPERS to join the CERBT program; adopt Resolution NO. 19-006 delegating authority to request disbursements from the Trust; and authorize the execution of necessary documents with CalPERS for fund and maintain participation in the Trust; and 2. Authorize the Director of Finance to deposit up to 50% of the General Fund surplus, if any, to the CERBT account each fiscal year after the audit is completed. The amount of deposit may be adjusted year-to-year with the City Council's direction. 9. Award of Contract for the 4th of July Pyrotechnic Show with Pyro Spectacular, Inc. It is recommended the City Council: 1. Authorize the Director of Finance to allocate funding for the event; and 2. Award contract with Pryo Spectaculars Inc., for professional pyrotechnic services; and 3. Authorize the Director or Recreation & Community Services to execute the agreement with Pyro Spectaculars, Inc. 10. Resolution Electing to Join Other Communities in LA County in Opting Out of the Requirements of the Congestion Management Program Established in 1990 by Proposition 111 Staff recommends that the City Council adopt the attached Resolution 2019-005 electing to be exempt from the Congestion Management Program (CMP) in accordance with the CMP State Statue. City Council Agenda Page 4 11. Introduction of Ordinance No. 1439, Establishing Baldwin Park Community Choice Aggregation Program and Other Related Actions Staff recommends that Council: 1. Introduce Ordinance No. 1439 Entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE"; and 2. Approve and direct staff to post the Community Choice Aggregation Bond in the amount of $100,000 with the California Public Utilities Commission; and 3. Authorize and direct staff to enter in to a CCA Service Agreement with Southern California Edison; and 4. Approve agreement with California Choice Energy Authority for CCA Implementation Services in the amount of $160,000; and 5. Approve a loan from the General Fund for the startup expenses related to the Baldwin Park Community Choice Aggregation program, and direct staff to prepare a promissory note for repayment over seven years fixed rate of 3%. 12.Approval of an Exclusive Franchise for Official Police Tow Service Franchisee, Royal Coaches Staff recommends that the City Council: 1. Award an exclusive Franchise Agreement to Royal Coaches; and 2. Authorize the Mayor to execute an Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing approved as to form by the City Attorney. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — January 2019 Staff recommends that Council receive and file the Treasurer's Report. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Registers. PUBLIC HEARING 13.A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-03 to Grant a Manufacturing License in Order to Repackage Product for Cultivators and Manufactures of Cannabis within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 4150 Puente Avenue; Applicant: Rukli, Inc.; Case Number: DA -18-03) Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance No. 1438, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN 8437-014-014) WITHIN THE CITY OF BALDWIN PARK". City Council Agenda Page 5 14. Public Hearing Regarding Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Staff recommends the City Council conduct the public hearing and following the public hearing approve the allocations for the FY 2019-2020 CDBG public service programs by selecting one of the following options: OPTION 1: Approve funding as recommended; or OPTION 2 Revise allocations as the City Council deems appropriate. REPORTS OF OFFICERS 16. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions Staff recommends the City Council review all commission applications and make respective appointments and adopt Resolution No. 2019-007. 16.Approve and Adopt Resolution No. 2019-008 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate Staff recommends City Council rescind Resolution 2019-001 and complete the review and appointment of members to the positions of delegates and alternates of the established committees and organizations presented in Resolution No. 2019-008, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for City Council discussion and direction to staff on the following: • Councilmember Pacheco is requesting discussion on the needs of the community concerning affordable housing, and that direction be provided to staff to reconvene during a workshop study session with solutions to the affordable housing crisis and to further assess properties around the downtown area (specifically adjacent to and across the street from the Civic Center) as possible options and explore Fair Community Housing Initiatives. Request by Recreation staff for City Council direction on the following: • Recreation and Community Services Director is seeking direction from the City Council on the selection to the various roles each member will assume during the State of the City Address Program. ADJOURNMENT City Council Agenda Page 6 CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of Ma4:019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales(&-baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 7 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Financ DATE: March 20, 2019 Q, -17K SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payrolls for the last periods were $526,770.54 and the attached General Warrants Register was $524,196.68 for a total amount of $1,050,967.22. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payrolls of the City of Baldwin Park consist of check numbers 200057 to 200088. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 12442 to 12709 for the period of February 10, 2019 through February 23, 2019, inclusive; these are presented and hereby ratified in the amount of $526,770.54. 2. General Warrants, with the bank drafts in the amount of $544.85 and checks from 223201 to 223427 in the amount of $523,651.83 for the inclusive; in the total amount of $524,196.68 City of Baldwin Park, are herewith presented same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Expense Approval Report period February 25, 2019 to March 11, 2019, constituting of claims and demands against the to the City Council as required by law, and the Attachment 1 Expense Approval Report L0— O 10 O� W) o0 M 10 N O r` O O O O O �o O= O O O= 0 0 0 0 0 0 0 O N N� 0, O 0 O y O N C O •--� O N _M 7 Cl M --� 0\ !t O O t- N 0 0 0 0 0 0 0 00 O O OI- 0 0 0 0 0 0 Cl N O 10 10 n 01 N 7 0, r` b Q, C, 10 00 N, O 10 M M O 00 O W) N O O oo O O O O N 7 00 w et .. ai O f` E v'l vl O �--� Q1 h n p, r Q1 00 N r DD 00 00 O O 7 00 t` � O N N n 1a O N N M M N h v, �n Wn v N v N M O N N r` ... -. v ,-• 10 -. .. .. .-. .-. 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O NF1 �u Qr. o Q 3 N W U U_ a s N O W O O D U] F F F z F F F ayew O Q j w w O w u z� z z Z � W M C) 0 O O wc4 rs cG cG c4 c� v z U U z z z `��' Q O F:5 A C7 w a O O L O O c u .�� O O O O O O O O v) v) v� rig vs v� > r]n EW- h> > w w> U a 0. a a a a a A rn rn rn rn rn rn o, a, a m o, o+ rn rn rn rn rn a` a, rn a` rn rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ca O O O O O O O O O O O O O O O Cl O O O O O O O L d z n a0O0 W 0000 0000 0000 W y h %0 r w 0� O N M 7 �n �0 �0 l� 0 0 0 0 0 0 0 �• V 7 V 7~V '74Nt dN' 7 0 0 0 0 0 0 0 M N N N N N N N N N N N N N N N N A A A A A A A 00 b N N ITEM NO. e�, TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance (L DATE: March 20, 2019 4zY111 SUBJECT: Treasurer's Report — January 2019 SUMMARY Attached is the Treasurer's Report for the month of January 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDMN PARK TREASURERS REPORT 1/31/2019 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment F�LAIFJ__-- GltyJncludIng General Fund i all other Special Revenue Funds 2.36% Varies Varies S 27,053,464.64 S 27,063,464.64 $ 27,063,654.84 $ 27AS3,454.64 Housing Authority 2.36% Varies Varies 13,57022 13,570.22 13,570.22 13,670.22 27,067,024.86 27,067,024.86 27.067.024.86 27,067,024.86 229willft 91JkPD�E Calbank National Association (Mutual Securities) 165% 1125/2019 1/25/2021 250,000.00 250,000.00 260,000.00 249,502.50 American Express CeMaion (Mutual Securities) 1.60% 41i2/2017 4112/2019 260.900.60 260,000.00 260A00.00 249,677.50 Everbank.hckswMft (Mutual Securities) 1.55% 411612017 411612019 260.000.00 260,000.00 260,000.00 249,627.60 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 11242018 1124/2020 260,000.00 250.000.00 260A00.00 249,282.50 Sank Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 112412018 1/24/2020 250,000.00 250,000.00 280,000.00 249,282.60 Safra National Bank New York (Cw*Wa) 2.00% 4116/2018 4115!2019 260.000.00 250,000.00 260,000.00 249,850.00 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4119/2018 4120/2020 250,000.00 250,000.00 260.000.00 250,130.00 Barclays Bank Del MAntella) 3.05% 12!1912018 12/21/2020 260.000.00 260,000.00 260,000.00. 251,442.50 2,000.000.00 2,000,000.00 2,000,000.00 1,9911,816.00 US Treasury Bal (USS) 2.07% &2912018 3728/2019 1.000,000.00 1,000,000.00 1,9w QW.00 996,186.00 Fiscal Agent Funds (TrusWebt Service Fund) Varies Varies Varies 0.00 0.00 0.00 0.00 Fiscal Agent Funds - Successor Agency (TrusUDebt Service Func Varies Varies Varies 163,060.66 163,060.66 163,060.66 163,060.66 163,060.66 163.060.66 163,060 66 153,060.66 $ 30,220.065.52 S 30 220 085 52 i 30,220.086.52 li 30 6096.52 Total Investments $ 30.220.085.52 Cash with Bank of the West Cay Checking 3.523,761.66 Money Market Plus 132,687.15 Cay Miscellaneous Cash 52,936.99 SuccessorAgeney 1,536,518.62 Housing Authority 196,603.19 Financing Authority 9.00 Investment Brokerage 66.36 Total Cash with Bank of the West 5,142,952.17 Total Cash and Investments $ 35.683,037.69 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report • There was one Certificate of Deposit that matured in January 2019. one Certificate of Deposit was purchased in January 2019 and several deposits/vl ithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. J STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk_ .iY DATE: March 20, 2019 SUBJECT: Meeting Minutes SUMMARY The City Council held a Special and a Regular City Council Meeting on March 6, 2019. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: • Special Meeting of March 6, 2019 • Regular Meeting of March 6, 2019 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting Minutes of March 6, 2019 2. Regular Meeting Minutes of March 6, 2019 Attachment 1 Special Meeting Minutes 03.06.19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING March 6, 2019, 5:30 P.M. 3rd Floor Conference Room 307 -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:35 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Manuel Lozano ABSENT: Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Motion: Mayor Lozano made a motion, seconded by Council Member Avila to excuse Council Member Pacheco and Mayor Pro Tem Garcia from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:37 p.m. Seeing no one wishing to speak, Public Communications closed at 5:37 p.m. OPEN SESSION 1. Mid -Year Budget Presentation By Finance Director Rose Tam Rose Tam presented the mid -year budget via a power point presentation and provided an overview of the revenues and expenditures for each department. Council Member Hernandez inquired which department incurred additional costs for overtime. Ms. Tam clarified staffs recommendation to transfer the code enforcement division to the Community Development Department would assist overtime costs associated with the Police Department and further explained the projected deficit of 1.6 million. Council Member Hernandez requested clarification on the method used to make the projections. Special Meeting of 03/06/19 Page 1 of 5 Ms. Tam explained the projections were made based on the revenue and expenditures incurred since January 1St Council Member Avila asked how much money had been collected thus far for cannabis. Ms. Tam answered 1.2 million and the outstanding balance was 3.4 million. Council Member Avila asked how much money was in the reserve. Ms. Tam stated 6.8 million dollars remained in the reserve fund. City Attorney Tafoya made clarifications to the City Council regarding the projected revenue collected by cannabis. Council Member Hernandez asked if any grants were available to subsidize costs and whether any other funds could be consolidated and moved to the general fund. Ms. Tam stated grant money did not assist the general fund. Chief Executive Officer Yauchzee assured the City Council all accounts were carefully scrutinized and historically, had shifted and consolidated accounts. Council Member Hernandez requested further clarification in regards to the overtime. Acting Chief of Police Bartolotti clarified the overtime costs were attributed to staff shortages and further added the expenditures for overtime expenses had been historically consistent with previous years. Council Member Hernandez requested a detailed report be provided to the City Council concerning overtime expenditures. Director of Finance Rose Tam further explained the expenditures in detail for each department. Council Member Avila requested staff look at the most cost effective solution for overtime expenses and asked what the City is doing to collect cannabis fees. Ms. Tam stated she had a few suggestions to aggressively collect money from cannabis businesses. Mayor Lozano expressed his dissatisfaction with the deficit and requested the budget be reexamined by the executive team. The City Council recessed into closed session at 6:13 p.m. Special Meeting of 03/06/19 Page 2 of 5 RECESS TO CLOSED SESSION 2. Public Employee Appointment (GC §54957): Position: Chief of Police 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Jason Adams v. City of Baldwin Park Case Name: Genoveva Benitez v. City of Baldwin Park Case Name: David Garcia v. City of Baldwin Park Case No. BC548602 Case No. BC676398 Case No. BS163400 Case No. 2:19-cv-00297 Case No. BC601768 Case No. BC709009 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17- 07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park Special Meeting of 03/06/19 Page 3 of 5 G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) Special Meeting of 03/06/19 Page 4 of 5 ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 7:19 p.m. REPORT ON CLOSED SESSION* Mayor Lozano stated no reportable action was taken. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 03/06/19 Page 5 of 5 Attachment 2 Regular Meeting Minutes 03.06.19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING March 6 2019, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:02 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Manuel Lozano MEMBERS ABSENT: Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to excuse Council Member Pacheco and Mayor Pro Tem Garcia from the meeting. Motion carried by unanimous consent. REPORT ON CLOSED SESSION Mayor Lozano announced no reportable action was taken. ANNOUNCEMENTS Mayor Lozano requested the meeting be adjourned in memory of longtime family friend Felipe Plasencia and requested a tree be planted in his honor. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation Presentation recognizing March 4-8 2019, as Adult Education Week. Dr. Kirk accepted the proclamation and praised the students for their hard work and achievements. • Certificate Presentation recognizing the Winning Students in the Adult Education Essay Contest. Students expressed their appreciation for the recognition and praised their teachers for their mentorship. Teachers expressed their gratitude to the City and their satisfaction with the student's success. • The Comprehensive Annual Financial Report for Fiscal Year 2017-18 A power point presentation was provided by the auditors stating that no abnormalities were noted in their audit review. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:55 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Mr. Luna commented on his disagreement with the possible appointment of the chief of police. Erwynndda Vessup thanked the City Council for their support in her studies and thanked her teachers for their mentorship. Giselle Soria representative from Senator Rubio's office invited women to attend the WINGS event for young girls on March 23rd starting at 9:00 am in the City of Baldwin Park's Community Center. Julie provided updates on the upcoming events at the local library. Eduardo Saucedo offered his assistance to help the homeless and commented on the assistance the carpenters union could provide. Daniel Luevanos provided an overview of One Legacy purpose and invited the City Council to the Donate for Life Run/Walk event on April 27th and requested the City Council provide their support via a proclamation. Terri Muse, Waste Management representative invited the community to attend a tour to the Azusa recycling facility on April 30th in honor of Earth Day. Mr. Rios commented on a recount for the ballots casted in the previous election and expressed his concern regarding the appointment of the future police chief. Mayor Lozano closed public communications at 7:58 p.m. Regular Meeting of 03/06/19 Page 2 of 7 CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — December 2018 The Council received and filed the Treasurer's Report. 3. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on February 6, 2019. B. Meeting Minutes of the Regular City Council Meetings held on February 6, 2019. 4. Rejection of Claims The City Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Farias, Adrian Juarez, Lori Magana, Kristin Orozco, Daniel Rubalcaba Jr., Roberto Velasquez, Raymond Tang, David The claimant alleges that personal property was taken from his car after the BPPD towed and impounded his vehicle. The claimant alleges the BP trolley rear- ended her vehicle pushing it into a BP school bus. The claimant alleges her vehicle was illegally towed and stored. The claimant claims he was falsely arrested and assaulted by the police for no reason. Car stolen and recovered. Claimant alleges excessive and storage fees. Claimant alleges he damaged his bumper from trench in street The claimant drove over a pothole damaging his tire and rim. Regular Meeting of 03/06/19 Page 3 of 7 5. Accept and Authorize the Filing of a Notice of Completion for City Project No. 2018-0219 Maine Avenue Complete Street Improvements (Phase 1A) and Approval of Additional Fund Appropriations for Project Close -Out Costs The Council: 1) accepted the construction improvements by Los Angeles Engineering, Inc. and authorize the recordation of a Notice of Completion for City Project No. 2018- 0219; and, 2) authorized the Finance Director to Appropriate $70,778.00 from Prop C funds and perform any necessary budget adjustments; and 3) authorize the release of retention funds in the amount of $126,914.33 upon the expiration of 35 -day notice period. 6. Resolution No. 2019-003 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY 2019-2020 The City Council adopted Resolution No. 2019-003 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2019-20 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code". 7. Resolution No. 2019-004 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Parks Maintenance Assessment District for FY 2019-2020 The City Council adopted Resolution No. 2019-004 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2019-20 levy of annual assessments for the City of Baldwin Park Parks Maintenance Assessment District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highways Code". 8. Award of Bid for City Project No. 2018-0269 — Various Street Improvements Project The City Council: 1) Approved and awarded the contract to Gentry Brothers, Inc. of Irwindale, CA in the amount of $1,757,172.50; and 2) authorized the Mayor and City Clerk to execute the contract for Various Street Improvements Project; and 3) authorized the Director of Finance to appropriate $280,855.22 from fund #255 — Measure M to Account #255-50-58100-15625. 9. Approval Request to Appropriate Additional Funds for City Project No. 2018- 0241 — Natural Gas (CNG) Fast -Fill Facility The City Council: 1) authorized the Finance Director to re -appropriate fund savings from completed CIP Projects in the amount of $150,380 and appropriate Measure M Funds in the amount of $89,818 for a total amount of $240,198 for the construction of the CNG fast -fill Station; and 2) authorized the. Public Works Director to execute an agreement with Valley County Water District (VCWD) for water works relocation in an amount not -to -exceed $35,000. Regular Meeting of 03/06/19 Page 4 of 7 10. Waive Formal Bid Procedures for CIP 2019-069 Replacement of Police Department Floor and Carpet The City Council: 1) waived formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 Section 37(A); and 2) authorized the Mayor to Execute the Contract with Shaw Industries, Inc., DBA Shaw Integrated Solutions; and 3) authorized the Director of Finance to appropriate $20,701 of Federal Asset Forfeiture funds to cover the additional costs. 11. Second Reading of Ordinance No. 1437 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with VRD Inc. for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 15010 Arrow Highway (APN 8535-023-011) within the City of Baldwin Park" The City Council waived reading and adopted Ordinance No. 1437, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". 12. Fiscal Year 2018-19 Mid -Year Budget Presentation The City Council: 1) reviewed the mid -year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2019; and 2) authorized the Finance Director to make the appropriate transfers to relocate Code Enforcement under the direction of the Community Development Department; and 3) authorized the Director of Finance to complete all necessary budget amendments and appropriations. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Board Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report— December 2018 The City Council received and filed the Treasurer's Report. PUBLIC HEARING Regular Meeting of 03/06/19 Page 5 of 7 13. Public Hearing Regarding Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Mayor Lozano opened the public hearing at 8:00 p.m. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to open the public hearing for the Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan and hold it over to the next regularly scheduled meeting. Motion carried by unanimous consent. 14. A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-03 to Grant a Manufacturing License in Order to Repackage Product for Cultivators and Manufactures of Cannabis within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408 (location: 4150 Puente Avenue; Applicant; Rukli Inc., Case Number: DA -18-03) MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to open the public hearing for the amendment to the Development Agreement 18-03 and hold it over to the next regularly scheduled meeting. Motion carried by unanimous consent. REPORTS OF OFFICERS 15. The Comprehensive Annual Financial Report for Fiscal Year 2017-18 MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to receive and file the City of Baldwin Park's CAFR for fiscal year ended June 30, 2018 and all accompanying reports. Motion carried by unanimous consent. 16. Approve and Adopt Resolution No. 2019-002 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate MOTION: It was moved by Council Member Avila, seconded by Council Member Hernandez to bring back this item to make remaining appointments at the next regularly scheduled meeting. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Regular Meeting of 03/06/19 Page 6 of 7 Request by Councilmember Paul C. Hernandez for City Council discussion and direction to staff on the following: • Councilmember Hernandez is requesting discussion and that direction be provided to staff to bring back a report with options to update and enhance the City's Emergency Operations Plan. Council Member Hernandez commented on the importance of this program as this provides resources to the community and requested a report back to enhance the City's Operational Plan Council Member Avila requested a monthly report on the progression of all cannabis businesses. Additionally, Council Member Avila commented on the Unified School Districts showcase. Mayor Lozano requested the City recognize the Lions Club and the Sierra Vista High School Soccer team who won the State Championship. Mayor Lozano invited the community to attend the job fair at the Community Center on March 21St The community sang "Happy Birthday" to City Clerk Ayala. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 8:08 p.m. Mayor: 11�*..W Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 03/06/19 Page 7 of 7 STAFF REPORT ITEM NO. 41 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: March 20, 2019 SUBJECT: Approval of Design -Build Contract with Merge Conceptual Design, LLC. for Professional Services for an Art in Public Space Project, including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays SUMMARY This report seeks City Council consideration for approval of a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation of the Public Art Project, including signs and a digital marquee display. RECOMMENDATION Staff recommends City Council to authorize the Mayor to execute a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation the Public Art Project, including signs and digital marquee display in the amount not -to -exceed $616,360. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. This project is funded through the Public Art Fees and Measure R Local Return Funds. The funds available for the project and the estimated cost for services are as follows: BACKGROUND The goal of the project is to create distinctive Public Art features at site-specific locations within the City. The artwork will identify the City by reflecting the community's early days and expressing the City's current modern-day character. The project will include unique artwork and incorporate a digital marquee display to create a visual representation of the Baldwin Park community while offering respect to its heritage. The project will also complement the new landscape median improvements and hardscape that were recently installed. In September 2018, the City released an advisory seeking professional services for Public Art Consulting and project management. A committee comprised of Planning and Public Works staff, received, reviewed and evaluated proposals based on the design firm's qualifications and experience. Attachment 1 Design -Build Agreement Each firm presented staffing plans, work plans, perceived project levels, and experience with similar projects. After completion of the evaluation process the committee selected Barker and Associates as the highest rated proposer and executed a Consulting Services Agreement with the firm. Subsequently, Barker and Associates introduced Merge Conceptual Design, LLC. (MCD) to the committee as the proposed public artists for the project. After meeting with MCD, the selection committee determined that they would be a good fit for the project. MCD offered innovative ideas for public art work design elements and identified with the City's long and rich history. DUSCUSSION The City will work with the Public Art Consultant and MCD to develop concept plans, line of site studies, renderings, maintenance requirements, and other descriptive materials as deemed necessary by the Public Works Director and submit and present selected concepts for recommendation to City Council. The artwork will be inspired by local community artist and follow the direction and recommendations from the City Council. In coordination with the City, MCD will hold community input meetings and make presentations to City Council to demonstrate the progress and direction of the work. Subsequent to completion of the design, plans and specifications, MCD will commence construction and installation of the art piece. For this work, a design -build method of contracting is recommended due to the intricate nature of the work. Design -build contracting can systematically reduce the project schedules by allowing early fabrication to begin while design -on other components may continue. Approval of this report will allow MCD to commence the project using this process. As the designer, MCD will be the most knowledgeable in dealing with the challenges of construction and installation of the artwork. Also, MCD will be most equipped when dealing with construction changes as this process will eliminate the need for Requests for Information (RFI's) for clarification of ambiguities a third -party might discover in the design plans. Given the time constraints, the design -build process will help expedite construction. Project design is anticipated to begin in March 2019 and project completion is anticipated for December 2019. ENVIRONMENTAL REVIEW The subject Public Art Signs and Digital Marquee Display Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ALTERNATIVES 1. The City Council may choose not to enter into a Design -Build Agreement with Merge Conceptual Design, LLC. and direct staff to circulate a Request for Proposal (RFP) for services. This option will delay the overall project schedule. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Design- Build Agreement with Merge Conceptual Design, LLC. Merge conceptual design Design - Build Agreement Page 1 of 6 DESIGN - BUILD AGREEMENT THIS AGREEMENT is made and entered into this 20th day of March, 2019 by and between the City of Baldwin Park, ("City"), and merge conceptual design, LLC ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A" (the "Services") 2. COMPENSATION. City shall pay Consultant for the Services pursuant to the terms of this Agreement and the schedule and milestones set forth in Exhibit B at a not -to - exceed compensation amount of $616,360.00. 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices and pursuant to the schedule set forth in Exhibit B. In the event that Consultant's performance of Services is delayed for any reason, City may elect to extend this Agreement on a month-to- month basis. Unless otherwise agreed by the Parties, such extensions shall not entitle Consultant to any further compensation. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. However, the City acknowledges and agrees that any services provided by Consultant will be unique to Consultant and City will not take Consultant's work product or any portion thereof to be completed, fabricated, installed, or otherwise used in any way without specific written permission from Consultant. Merge conceptual design Design - Build Agreement Page 2 of 6 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. However, City shall inform Consultant of any specific rules or permitting requirements that may impact Consultant's services or delivery of work product. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Worker's Compensation) as respects to City, its officials, officers, Merge conceptual design Design - Build Agreement 3 of 6 agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement, but specifically excludes any and all intellectual property rights to these documents and other material. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re- use by City shall be at the sole risk of City and without liability to Consultant. Any reuse by City shall be for informational purposes only and cannot be used to create or provide any of the Services listed in Exhibit A 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. Merge conceptual design Design - Build Agreement Page 4 of 6 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed and expenditures made in the course of rendering Services by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT merge conceptual design LLC 1618 Ocean Park Blvd Santa Monica, CA 90405 (310) 581 5343 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Merge conceptual design Design - Build Agreement Page 5 of 6 Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "22" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: merge conceptual design LLC Digitally signed by Claudia Reisenbe er DN: cn=Claudia Reisenberger, o, ou, ail=reisenowski@earthlink.net, c=US By: Date: 2019.03.12,15.42:18-07'00' _e Printed Name: Claudia Reisenberger Title: member LLC Dated: 03/12/19 Merge conceptual design Consultant Services Agreement Page 6 of 6 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES Subject to the terms and conditions of the Consultant Agreement (the "Agreement") to which this Exhibit A is attached, and the Schedule and Milestones set forth in Exhibit B also attached to the Agreement and incorporated by reference, City, in collaboration with public art consultant Barker & Associates Public Art Advisory (the "Public Art Consultant"), wishes to commission merge conceptual design, LLC ( the "Consultant") to design, fabricate and install or cause its agents to fabricate and install one but no more than three public art features (the "Artwork") for installation within the city's public right of way (the "Sites") identified by the City Council. Consultant agrees to meet with Art Consultant, and City staff as necessary and/or specifically set forth in Exhibit B, throughout all stages of the project. 1. ARTWORK. The goal of the Artwork is to create a gateway and marker(s) for the City, conveying the unique identity of the City to visitors and residents alike. The Artwork will include the following elements: a. A decorative / public art component that conveys and represents the City's identity; b. Lettering that identifies the "City of Baldwin Park"; and A digital display that will be used to convey city messages to passersby. The content of the digital display will be generated and continuously updated by the City. C. Consultant agrees that Artwork design is to be coordinated with City of Baldwin Park Downtown Improvement Project and First and Last Mile Project (together the "Streetscape Improvements Project"), with the goal of the Artwork and Streetscape Improvements Project to complement each other aesthetically. Consultant is not responsible for the design of elements of the Streetscape Improvements Project separate from the Artwork. Consultant will be available via phone, email and in up to five in-person meetings for coordination with City and/or any representatives, agents or contractors working on behalf of the City for the Streetscape Improvement project team. Number of meetings related to the development of the Artwork is not limited, and Consultant will be available to meet as necessary as part of this Scope of Services. 2. CONSULTANT'S COMPENSATION AND EXPENSES. The overall project budget of $616,360 will cover all aspects of the Artwork as described in this Scope of Services, including design, fabrication, and installation, as well as meetings with City representatives as needed to accomplish the Artwork. Consultant is responsible to deliver finished Artwork not exceeding the overall project budget. a. Compensation. City will pay Consultant the total amount of not to exceed six hundred sixteen thousand three hundred sixty Dollars ($616,360.00) (the "Contract Amount") pursuant to Exhibit B. This Contract Amount will cover all costs associated with the Design, Fabrication and Installation of the Artwork as described in detail in this Scope of Services. b. Payment Procedure. Payment as set forth under this Agreement will be made payable to "merge conceptual design LLC" and will be remitted by check to the Consultant. Consultant agrees to stay current with Consultant's obligations to subcontractors and shall provide lien waivers or equivalent confirmations that subcontractors have been appropriately paid out of the funds paid to Consultant within appropriate time limits and as applicable by law. All invoices should be detailed enough that someone not familiar with this Agreement could reasonably determine the basis for the invoice charges. All invoices received by the end of the month shall be paid no later than the end of following month. In the event that Consultant does not stay current with Consultant's obligations to subcontractors and/or cannot produce lien waivers or equivalent confirmations, City will not be obligated to pay Consultant's invoice. C. Payment Retention. As reflected in the payment schedule set forth in Exhibit B, five percent (5%) of the construction budget will be withheld as a retained amount to be paid 30 days after recording of Notice of Completion by the City. 3. SITE. In coordination with the City Council, City Staff and the Public Art Consultant, Consultant will gain an understanding of the goals for several sites under consideration and will establish team consensus of potential siting possibilities for the Artwork and a corresponding division of the overall budget among several Sites. Upon determination of the potential sites, City will provide Consultant with the available as -built street improvements plan as well as any base drawings available for the specific areas at the potential sites where the Artwork may be installed. City will provide contacts to all utility companies to verify utility locations, but it will be the responsibility of Consultant to contact the companies to obtain all records of utility locations. Thereafter, City and Consultant shall meet to assess the information and mutually determine the most suitable potential locations for foundations for the Artwork. Consultant will hire a contractor to do "pot -holing" at the potential sites to confirm suitability for construction of foundations for the Artwork. After confirming the viability of the sites (the "Sites"), but before beginning any digging, Consultant or Consultant's contractor will call Underground Service Alert of Southern California (811) to provide further information (if any) and final verification regarding location of utilities in order to minimize the potential for any damage to utilities. In the event that Consultant encounters any unanticipated issues at the Sites despite adhering to the aforementioned protocol, Consultant will work with City to resolve such issues by either moving the utilities or by moving the location of the foundations to another location at the Site or to an entirely new Site (also selected pursuant to the steps set forth herein). Any cost necessitated from the remedy of unanticipated issues as described above will be borne by the City. 4. SCHEMATIC DESIGN. Upon execution of the Agreement and receipt of payment pursuant to Exhibit B, Consultant shall develop a schematic design proposal (the "Schematic Design") as follows: a. Community Outreach. Consultant agrees that an important aspect of this project is community involvement: the Artwork should be sensitive to community and user needs, while demonstrating a commitment to design integrity and functionality. Thematic and aesthetic development should be responsive to the interests, concerns, and values identified in the public input process. As possibilities present themselves throughout the design process, Consultant may wish to subcontract with local Consultants or artisans for various aspects of the design or fabrication of the Artwork. In such case, Consultant will gain approval by City prior to subcontracting. In order to allow Consultant to develop a relevant schematic design, City / City Staff will identify a core group of stake holders to be included in the design process (Working Group), including representatives from the City as well as community representatives (i.e. people with particular local knowledge, neighborhood associations, etc.). Consultant, with the help of City / City Staff, will organize working group meetings as reasonably needed as well as one open public meeting in order to introduce the project to the general public and solicit input. Consultant will follow up with additional community outreach and research as indicated in these meetings. b. Schematic Design. Pursuant to community outreach and Site selection, Consultant will create Schematic Design based on the limitations and opportunities of the Sites and project budget. The Schematic Design documents shall include, but may not be necessarily limited to, Site plans, perspective sketches and/or renderings, and general descriptive views and elevations including proposed materials and fixtures. Consultant shall determine space and location requirements with pertinent engineers/consultants as required, and shall review Schematic Design with sub -consultants as necessary. Consultant shall prepare an estimate of probable construction cost based on all available data. The Schematic Design shall be sufficient to communicate ideas to a non-technical audience, such as members of the public, City boards and commissions. Following review by City, Working Group, and City staff, Consultant shall document any revisions to the Schematic Design and present optional design features and 2 variations. Consultant will present revised Schematic Design at an open community meeting to the general public and provide a format for public feedback. Consultant will present revised Schematic Design to City for approval. 5. DESIGN DEVELOPMENT. Following approval of the Schematic Design by City, and relevant commissions, the Consultant shall develop the design documents (the "Design"). As Design develops, the Consultant shall be responsible for conferring with and obtaining preliminary review from regulatory agencies such as Public Works Department, City Council, Planning Commission. Consultant will meet with staff as required and shall make presentations to City commissions/boards as reasonably needed. The Design may include initial proposals, design concepts, drawings and models or other appropriate plans and renditions of Consultant's Design. a. Compliance. Consultant shall revise Design as required for code compliance. The Design shall take into consideration and incorporate all pertinent material guidelines, and maintenance and safety criteria; all State and Federal requirements, including but not limited to codes and regulations referenced and provided by the City, the Americans with Disabilities Act ("ADA"), the Uniform Federal Accessibility Standards as published in the Federal Register, and the rules governing national, state and local historic sites. b. Approval. Upon completion of Design, Consultant will work with Art Consultant to submit Design to City for approval. City shall review the Design and give approval or disapproval of the Artwork within ten (10) business days, or longer if mutually agreed, following receipt of the Design. If City approves the Design, the Design will be attached to this Agreement as Exhibit C and incorporated herein by reference, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with Fabrication Plans. If City disapproves the Design as submitted, City shall indicate the nature and reason(s) for the disapproval in writing to Consultant within ten (10) business days, -or longer if mutually agreed. Upon receipt of the notification of City's disapproval, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for disapproval and resubmit the Design. City shall then have another ten (10) business days, or longer if mutually agreed, to review the resubmitted design. If City approves the Design, City shall make the payment as indicated in Exhibit B and Consultant shall proceed to Fabrication. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City disapproves the Design as resubmitted, City and Consultant shall meet to discuss whether further redesign will cure City's concerns and if so, a reasonable time frame within which to accomplish the cure. If no cure is accomplished, City may terminate this Agreement with no further obligation to Consultant. In the event of termination, all intellectual property regarding the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 6. CONSTRUCTION DOCUMENTS. Upon approval of the Design by City and all administrative bodies, the Consultant shall provide City with Construction Documents for the Design that comply with all City standards, including final drawings (Site plan, construction plan and details, engineering plans/calculations, etc.) and specifications. Consultant will ensure that subcontractors provide Construction Documents that include all City standards and forms including requirement for bonds that contractor needs to have (attached as Exhibit D). Consultant shall prepare a final itemized cost estimate, and determine alternates if applicable. Construction Documents shall include all details pertaining to the fabrication and execution of the Design for the Artwork as well as the necessary specifications for Installation at the Site ("Site Specifications"), including structural design and traffic control design. a. Engineering. Consultant is responsible for obtaining appropriate engineering services from licensed professionals as necessary for proper Fabrication and Installation of the structural and sculptural components of the Artwork, including a California licensed structural engineer and a California licensed traffic engineer. The engineering work shall be performed by 3 qualified engineers and/or other design professionals who are licensed and insured in the State of California, and in a manner consistent with applicable standards of professional skill, care and diligence. Further, Consultant will consult with a lighting consultant to assist with design and specifications for lighting preferences. b. Miscalculations. Any miscalculations in the Plans that are due to the Consultant receiving inaccurate drawings or other documents from City or City's agents may cause delay in the fabrication, construction, delivery and/or installation of the Artwork and the City will bear the cost, if any, of correcting such miscalculations. Any miscalculations that are due to error of the Consultant or her subcontractors may cause delay in preparation of the Site and/or installation of the Artwork and Consultant will bear the cost, if any, of correcting such miscalculations. c. Materials. Materials chosen for the Artwork should take into consideration pertinent requirements and City's desire that the Artwork be easily maintained and durable. The materials selected should be as resistant as possible to environmental elements that may hasten deterioration. Materials selected have to be presented to Public Works Director for approval and comply with relevant codes. d. Approval. Upon completion of the Construction Documents, Consultant will work with Art Consultant to submit the Plans to City for approval. City shall review the Construction Documents and give approval or disapproval of the same within ten (10) business days, or longer if mutually agreed, following receipt of the Construction Documents. If City approves the Construction Documents, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with Fabrication. Upon approval of the Construction Documents, that portion of the Construction Documents pertaining to the Fabrication of the Artwork shall be added to and hereby incorporated into the Design specifications set out in Exhibit C to this Agreement. That portion of the Construction Documents pertaining to preparation of the Site and Installation shall be added to this Agreement as Exhibit D and incorporated by this reference. If City disapproves the Construction Documents as submitted, City shall indicate the nature and reason(s) for the disapproval in writing to Consultant within ten (10) business days, or longer if mutually agreed. Upon receipt of the notification of City's disapproval, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for disapproval and resubmit the Construction Documents. City shall then have another ten (10) business days, or longer if mutually agreed, to review the resubmitted Construction Documents. If City approves the Construction Documents, City shall make the payment as indicated in Exhibit B and Consultant shall proceed to Fabrication. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City disapproves the Construction Documents as resubmitted, City and Consultant shall meet to discuss whether further work will cure City's concerns and if so, a reasonable time frame within which to accomplish the cure. In the event of termination, all intellectual property regarding the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 7. FABRICATION. Upon approval of the Design and Construction Documents and receipt of payment pursuant to Exhibit B, the approved Design and Construction Documents shall be attached to this Agreement as Exhibit C and thereby incorporated into this Agreement. Consultant shall proceed with the fabrication of the Artwork ("Fabrication"), in substantial conformity with the Design and Construction Documents approved by City as set forth in Exhibit C. a. Access for Review. Art Consultant, as City's representative, will be given access to the Artwork during reasonable business hours at Consultant's or fabricator's studio and / or fabrication facility in order to review the Artwork and Consultant's or fabricator's progress with fabrication of the Artwork. Alternatively, City and/or Art Consultant may request photographic documentation of Consultant's progress to verify each stage that triggers payment pursuant to the schedule set out in Exhibit A. 4 b. Notification of Completion. Consultant will notify City in writing pursuant to the terms of the Agreement when the Artwork is completed and ready for delivery and installation. Upon receipt of notice, City will have ten (10) business days, or longer if mutually agreed, to -inspect the Artwork for conformity with the Design and structural requirements and to give approval or disapproval of the Artwork. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. C. Approval. If City gives approval, and such approval shall not be unreasonably withheld, Consultant shall receive payment pursuant to Exhibit B and will proceed with delivery and installation of the Artwork. If City disapproves the Artwork, City shall provide Consultant written notice of such disapproval within ten (10) business days, or longer if mutually agreed, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for rejection of the fabricated Artwork. City shall then have another ten (10) business days, or longer if mutually agreed, to review the Artwork. If City approves the Artwork, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with delivery and installation. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City again disapproves the Artwork as fabricated, the parties agree to work together in good faith to resolve the situation and reach a mutually agreeable solution. If the parties are unable to agree on a solution, either party may choose to terminate this Agreement. Consultant shall retain the fabricated work and may at her sole option elect to destroy or resell the Artwork. All intellectual property associated with the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 8. CHANGES. Changes that do not affect the artistic integrity of the Artwork may occur or be requested at any time during the course of this Agreement. Minor changes in form, shape, materials and color may be made at the discretion of Consultant for the refinement of the Design of the Artwork. Any major change, including but not limited to a change in the scope, design, color, size or material of the Artwork, which affects cost, installation, site preparation maintenance and concept as represented in the Design ("Significant Change"), by either Consultant or as requested by City must be requested in writing and approved by the other party in writing. a. If Consultant wishes to make a Significant Change to the Artwork Consultant will notify City of the Significant Change in writing at the address provided in the Agreement. City will provide a written response within ten (10) calendar days, or longer if mutually agreed. If response by City takes longer than ten days, performance schedule (Exhibit B) will be revised accordingly. b. If City accepts Consultant's request for Significant Change, City's written indication of acceptance should include a complete statement of the scope of the accepted changes and any applicable changes to costs. C. If the City requests a Significant Change, Consultant shall provide City a written response within ten (10) business days, or longer if mutually agreed, as to whether Consultant feels the requested Significant Change is appropriate, and if so, the feasibility and cost associated with such requested Significant Change. City will then have ten (10) business days, or longer if mutually agreed, within which to approve or disapprove the terms of implementing such Significant Change. If approval / disapproval by City takes longer than ten days, performance schedule (Exhibit B) will be revised accordingly. d. If City rejects Consultant's terms for implementing the requested Significant Change, the parties agree to work together in good faith to resolve their lack of agreement and reach a mutually agreeable solution. If the parties are unable to agree on a solution, either party may choose to terminate this Agreement. Consultant shall retain the fabricated work and may at her sole option elect to destroy or resell the Artwork. All intellectual property associated with the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 5 9. DELIVERY. Upon completion of Fabrication, after conferring with Art Consultant to confirm that Site is ready for delivery, and as long as all Exhibit B payments are current, Consultant or Consultant's agent(s) will pack, crate, insure, transport and deliver the sculptural components of the Artwork to the Site in conformance with the delivery schedule set forth in Exhibit B. a. Visual Inspection. Upon Delivery of the Artwork to the Site, unless otherwise agreed by the parties, City will have a reasonable opportunity to visually inspect the Artwork for defects prior to installation. Upon determining that (i) the Artwork is in conformance with the specifications set forth in Exhibit C and (ii) Consultant is in substantial compliance with the other terms of this Agreement which City has not waived, City will allow the Artwork to be installed and make the payment due pursuant to Exhibit B. If, within 5 business days from the day of Delivery, City has not raised any objections to the Artwork as delivered, the Artwork will be deemed ready for installation. In the event that City notifies Consultant within 5 business days that the Artwork is defective and/or does not conform in some way to the terms as set forth in this Agreement, Consultant will have a reasonable opportunity to cure any defects. b. Delay. In the event that City is not ready for Delivery to the Site due to any reason beyond the control of Consultant, and wishes Delivery to the Site be delayed, City will be responsible for providing appropriate storage or paying the actual cost of storing the Artwork, if any, and any associated cost of storing the Artwork until such time as the City is ready for Delivery to the Site, including demobilization and remobilization costs. 10. SITE PREPARATION AND INSTALLATION. According to Construction Documents approved by City, Consultant shall subcontract for the preparations of the foundations on Site with a contractor that meets the City's requirements as conveyed to Consultant. Consultant will contract for the installation of the Artwork in accordance with the schedule and specifications for Installation as attached hereto in Exhibits B and C and incorporated into this Agreement. Consultant agrees to perform all on site preparation and installation work according to the State of California's Prevailing Wage Rules, and agrees to require all of Consultant's subcontractors involved in on-site preparation and installation to abide to the State of California's Prevailing Wage Rules. a. Permits. Consultant will collaborate with the City's Public Works Director to obtain all permits necessary for the Installation of the Artwork. A "No fee" permit will be issued by the City to a qualified contractor. b. Site Preparation and Access. Consultant will be responsible for all expenses, labor, and equipment necessary to prepare the Site for Installation, including but not limited to the foundation for the Artwork, as detailed in Exhibit C. Consultant and their designated assistants will have free access to the Site at all times during the Installation. Consultant will be responsible for inspecting the Site prior to Installation to verify that the Site has been properly prepared to receive the Artwork. Consultant is responsible for maintaining a clean Site during Installation and will ensure that the Site is cleaned up upon the completion of Installation. Consultant will supervise street closure and traffic management if this proves necessary for preparation of Site or Installation of Artwork. In the event that street closure is necessary, Consultant will abide by all City rules and policies regarding scheduling and timing of such closures so as to avoid any undue burden on traffic movement. C. Delay. In the event that City wishes to delay Installation for any reason beyond the Consultant's control, City will be responsible for the actual cost of storing the Artwork and any associated cost of storing the Artwork until such time as the City is ready for Installation. Artwork shall not be stored on site. In the event Consultant wishes to delay Installation for any reason, Consultant will be responsible for any necessary storage of the Artwork and resulting costs. d. Installation. As soon as reasonably possible after City has had an opportunity to inspect and accept the delivered Artwork, Consultant or Consultant's agents will 2 install the Artwork in conformance with the specifications set forth in Exhibit C attached hereto and incorporated into this Agreement. City will be responsible for any necessary street closure or other measures to secure the site during installation at no cost to the Consultant. 11. FINAL APPROVAL AND ACCEPTANCE. Upon completion of Installation, unless otherwise agreed by the parties, City will have a reasonable opportunity to inspect the Artwork for defects prior to acceptance. Upon determining that (i) the Artwork is in conformance with the specifications detailed in this Agreement and all pertinent Exhibits; and (ii) Consultant is in substantial compliance with the other terms of this Agreement which City has not waived, City will accept the Artwork ("Final Acceptance") and make the final payment pursuant to the terms set forth Exhibit B. If, within ten (10) business days from the day installation is complete, City has not raised any objections to the Artwork as installed, the Artwork will be deemed accepted. In the event that City notifies Consultant within ten (10) business days that the Artwork or the Installation is defective and/or does not conform in some way to the terms as set forth in this Agreement, Consultant will have a reasonable opportunity to cure any defects. 12. MAINTENANCE MANUAL. Within ten (10) business days of Final Acceptance of the Artwork, Consultant will provide City with written instructions for appropriate maintenance and preservation of the Artwork (the "Maintenance Manual"). City will maintain the Artwork pursuant to the maintenance, repair and restoration terms set out in this Agreement. 13. REPRESENTATIONS AND WARRANTIES. a. Consultant's Warranties. Consultant warrants that: i. Consultant is the sole author of the Artwork and that Consultant is the sole owner of any and all copyrights pertaining to the Artwork or has obtained the appropriate permissions and licenses to incorporate the works of others. ii. The Artwork is an original creation and the result of the artistic efforts of Consultant and that it will be installed free of any liens, claims or other encumbrances of any type. Further, Consultant has not knowingly infringed upon any copyright or trademark. iii. The Artwork is unique and an edition of one (1) and that Consultant will not execute or authorize another party to execute another work of the same or substantially similar design and dimension as the artwork commissioned pursuant to this Agreement. Consultant may create works that use or incorporate various individual art elements that comprise the Artwork, so long as the work using or incorporating such elements (1) does not consist predominantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. iv. The Artwork is fabricated in materials for which the durability has been communicated to City. Where possible, permanent, non -fugitive materials that will not tend to degrade or fade over the life of the Artwork have been used; V. The Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within the first (1) year of Installation, Consultant will remedy any defects at Consultant's expense. Any inherent defects in the materials or Artwork that are specifically identified in the Design and approved by City are not warranted. vi. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display taking into consideration foreseeable exposure to the elements and general wear and tear. Consultant shall not be responsible for deterioration of the Artwork materials due to failure of City to properly maintain according to the Maintenance Manual. vii. To the extent the Artwork incorporates products covered by a manufacturer's warranty, Consultant shall provide copies of such warranties to City. 7 14. INTELLECTUAL PROPERTY OWNERSHIP. a. General. Except as provided in this Agreement, Consultant retains all copyrights and other intellectual property interests in the Artwork and in the Design, drawings, sketches, prototypes and other materials for the Artwork. Consultant may place a copyright notice on the Artwork and may, at Consultant's option, register the copyright with the Library of Congress. b. Reproductions. Consultant hereby grants to City the non-exclusive right to make, and to authorize the making of, photographs and other two-dimensional reproductions of the artwork for any City -related purposes, including, but not limited to educational, advertising, marketing, public relations, promotion, any documentation of City's art collection or other noncommercial purposes in print or electronic media. This license includes the ability to use colors, fonts, and other graphic or design elements drawn from the Artwork or created in collaboration with the Consultant to coordinate branding and way -finding efforts undertaken by the City for projects throughout the City. This license does not include the right to create three- dimensional works or to reproduce the Artwork for merchandising purposes. Any rights to reproduce the work three -dimensionally or to merchandise the Artwork must be established pursuant to a separate agreement with the Consultant. 15. CREDITS a. Label. A label, provided by Consultant at Consultant's expense, identifying Consultant, the title of the Artwork and the year it was completed, will be publicly displayed in the area adjacent to the Artwork on a plaque of reasonable dimensions. b. Consultant's Credit. City agrees that unless Consultant requests to the contrary in writing, all references to the Artwork and all reproductions of the Artwork will credit the Artwork to Consultant. C. City's Credit. Consultant agrees that all formal references to the Artwork will include the following credit line: "From the collection of "Baldwin Park". 16. MAINTENANCE, REPAIR AND RESTORATION. City will be responsible for the routine inspection and maintenance of the Artwork in accordance with the Maintenance Manual. City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Artwork will be made. It is the policy of City to consult with Consultant regarding repairs and restorations undertaken during Consultant's lifetime when practicable. In the event the City wishes to have Consultant personally undertake or supervise repairs, City agrees to pay Consultant a reasonable fee for such supervision to be negotiated at the time. In the event that City makes repairs or restoration not approved by Consultant, Consultant shall have the right, at Consultant's sole option, to have Consultant's association with the Artwork severed. All repairs and restorations, no matter who performs them, shall be made in accordance with professionally recognized principles of conservation and in accordance with the Maintenance Manual. 17. MODIFICATION, DESTRUCTION OR REMOVAL OF ARTWORK. a. City shall notify Consultant in writing of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork including removal or relocation of the Artwork that might result in the Artwork being destroyed, distorted or modified. The City shall make a good faith effort to consult with the Consultant in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork. If the Artwork cannot be successfully removed or relocated as determined by the City, the Consultant may disavow the Artwork or have the Artwork returned to the Consultant at the Consultant's expense. b. The Artwork may be removed or relocated or destroyed by the City should the Consultant and the City not reach mutual agreement on the removal or relocation of 8 the Artwork after a period not to exceed ninety (90) days after written notice to the Consultant. During the ninety (90) day period, the Parties shall engage in good faith negotiations concerning the Artwork's removal or relocation. C. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to be in conflict with such codes, laws or regulations, the City may authorize the removal or relocation of the Artwork without the Consultant's permission. In the alternative, the City may commission the Consultant by a separate agreement to make any necessary changes to the Artwork to render it in compliance with such codes, laws or regulations. d. If the City reasonably determines that the Artwork presents imminent harm or hazard to the public, other than as a result of the City's failure to maintain the Artwork as required under this Agreement, the City may authorize the removal of the Artwork without the prior approval of the Consultant. e. City shall have the right to donate or sell the Artwork at any time. Before exercising this right, City, by written notice to Consultant at Consultant's last known address, agrees to give Consultant the opportunity to purchase the Artwork for the greater of the Contract Amount or the amount of any offer which City has received for the purchase of the Artwork, plus all costs associated with the removal of the Artwork from the Site, clean-up of the Site and delivery to Consultant. Consultant shall have thirty (30) days from the date of City's notice to exercise the option to purchase the Artwork. f. This clause is intended to replace and substitute for the rights of the Consultant under the Visual Consultants' Rights Act ("VARA") and, if applicable, the California Art Preservation Act (CAPA), to the extent that any portion of this Agreement is in direct conflict with VARA and/or CAPA rights. The parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict with VARA and/or CAPA. 18. TRANSFER OF TITLE Ownership of the Artwork, as defined by this Agreement, will pass to City upon Final Acceptance of the Artwork, and receipt by Consultant of final payment as set out in Exhibit B. 19. RISK OF LOSS. Consultant bears the risk of loss or damage to the Artwork for any loss or damage to the Artwork that results from Consultant's or Consultant's agents' actions, until Final Acceptance following Installation at which time the risk of damage to or loss of the Artwork passes to City. City bears the risk of loss or damage to the Artwork for any loss or damage to the Artwork once the Artwork is installed on the Site and/or under the control of City and such damage to or loss of the Artwork results from the actions of anyone other than the Consultant or Consultant's agents. E EXHIBIT B PERFORMANCE AND PAYMENT SCHEDULE EXHIBIT B PERFORMANCE AND PAYMENT SCHEDULE The Consultant shall provide services in accordance with the following schedule unless otherwise notified by the City: Completion of Schematic Design May 20th, 2019 (or 2 months from approval of contract, whichever is later) Completion of Design Development July 30th, 2019 (or 2 months from approval of schematic design, whichever is later) Presentation of Constructions Documents October 10th, 2019 (or 2 months from approval of design development, whichever is later) Fabrication and Installation Schedule TBD pending Design, estimated time line of Fabrication and Installation: about 10 months after approval of Construction Documents (end of July 2020) Payment Schedule is as follows: Total project budget: $616,360 Consultant Design Fee is 20% of overall project budget: $123,272; Budget available for all other aspects of the project ("Construction Budget"): $493,088 • Retainer at Contract Signing to begin site research, community $ 18,490.80 outreach and develop schematic design (15% of Consultant Design Fee) Approval of Schematic Design (15% of Consultant Design Fee) $ 18,490.80 Schematic Design per Scope of Services, including but not limited to: summary of community outreach and research, site plans, perspective sketches and/or renderings, general descriptive views and elevations including proposed materials and fixtures, estimate of probable construction cost, presentation to City officials and general community in a format that can communicate ideas to a non-technical audience. • Approval of Design Development (10% of Consultant Design $ 12,327.20 Fee) Design Development per Scope of Services, including but not limited to: Site plan, design concepts, drawings and models or other appropriate plans and renditions of Consultant's Design, pertinent material guidelines, maintenance and safety criteria, preliminary engineering data, estimate of construction costs, presentations to City officials and general community in a format that can communicate ideas to a non-technical audience. • Approval of Construction Documents (10% of Consultant $ 12,327.20 Design Fee): Construction Documents per Scope of Services, including but not limited to: site plan, construction plans and details, engineering plans/calculations, traffic control design, specifications for fabrication and installation, and final itemized cost estimate, presentations to City officials as deemed necessary by City. • Start of fabrication of artwork $ 258,871.20 (50% of Construction Budget + 10% of Consultant Design Fee) Start of Fabrication as evidenced by sub -contracting agreement with fabricators to be approved by City. • Completion of 50% of fabrication of artwork $ 141,762.80 (25% of Construction Budget + 15% of Consultant Design Fee) 50% of Fabrication as evidenced by photo documentation and/or visit to fabricator by City representative. • Completion of Fabrication $ 92,454.00 (15% of Construction Budget + 15% of Consultant Design Fee) Completion of Fabrication as evidenced by photo documentation and/or visit to fabricator by City representative. • Completion of Installation of Artwork, Final Acceptance $ 36,981.60 (5% of Construction Budget + 10% of Consultant Design Fee) Final Acceptance by City representative. • Notice of Completion $ 24,654.40 (5% of Construction Budget) 30 days after Notice of Completion is recorded with LA County by City. 11 EXHIBIT C FINAL APPROVED DESIGN 14 STAFF REPORT ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: March 20, 2019 4-), 41 SUBJECT: Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018-0266 — Brooks Drive and Springs Street Reconstruction Project SUMMARY This item will accept the work completed for City Project No. 2018-0266 — Brooks Drive and Springs Street Reconstruction Project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. This project furnished street reconstruction improvements that consisted of removing and replacing street structural sections, replacing curb and gutter, replacing parkway drains, upgrading roof surface drains, removing and pruning damaged trees or roots, preparing sub -surfaces for new improvements, asphalt concrete grind, asphalt concrete overlay, and installation of pavement markings. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by All American Asphalt, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $13,740.61 in retention funds to All American Asphalt, Inc. upon the expiration of the 35 -day notice period. FISCAL IMPACT There is no impact to the general fund. The following table lists the funds available for the project which is listed in fiscal year 2018/2019 #CIP19-121. Authorized Construction Contract $331,700.00 Change Orders $(56,887.81) Total Project Costs $274,812.19 BACKGROUND On April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1, known as The Roads Repair and Accountability Act of 2017 (RMRA). SB 1 was created to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. On October 4, 2017 at the regular meeting City Council adopted Resolution No. 2017-0203, amending the City's Capital Improvement Program (CIP) Budget to incorporate a projects improvement list in conformance with SB1's RMRA. The projects for initial funding were identified as Brooks Drive and Springs Street Reconstruction and a General Street Rehabilitation Project. Staff got the authorization to bid the project on August 15, 2018. The project was advertised on the San Gabriel Valley Examiner on the 23rd and 30th of August, 2018. Bids were opened on September 18, 2018. The project was awarded to All American Asphalt on October 3, 2018 and project construction commenced on October 29, 2018. DISCUSSION Trees along Brooks Drive and Springs Street caused severe damages to the asphalt pavement and the curb in gutter including localized bulging of the pavement and swells. All American Asphalt was required to provide an arborist report for the trees along the street prior to any construction work that may put the trees in danger. The original arborist report recommended most of the trees to be removed from the street, however city staff encouraged a second arborist opinion. Following the second opinion, a majority of the trees that were at first suggested to be removed were commended to be protected -in- place and project work commenced. The project scope included replacing curb and gutter and asphalt pavement sections, in some cases just several inches away from well-established trees, to repair drainage issues, get water to flow out of the street, and provide a smooth surface for vehicles. Prior to pouring curb and gutter, root pruning was necessary to trim any potential roots that may be "shoving" the street pavement. Sections of the street that had localized lifting where removed and replaced with a new structural section. The street was finished with a 2" grind and overlay of asphalt concrete, followed by striping and signage. Change Orders are here shown: The total approved budget savings are $117,085.41. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Completion 1 Removing Bid Item No. 7 and Bid Item No. 10 from bid schedule. $(16,850.00) 2 Removing and Replacing Concrete Driveway on Brooks Drive. Refurbishing and Installing Roof Drains to New Curb and Gutter. $5,656.20 3 Replacing Damaged Irrigation Due to Root Pruning. $7,407.93 4 Balance Sheet (Quantity Balance) $(53,101.94) Total $(56,887.81) The total approved budget savings are $117,085.41. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Completion Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project No. 2018-0266 - Brooks Drive and Springs Street for the City of Baldwin Park and was ACCEPTED by City Council on March 70.,7019- 2. 0,2019.2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 5. A work of improvement on the property hereinafter described was COMPLETED on February 28, 2019 6. The work of improvement completed is described as follows: Brooks Drive and Springs Street Reconstruction 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is All American Asphalt 8. The street address of said property is Brooks Drive and Springs Street, Baldwin Park, CA The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: Chase Fidler Engineering Assistant Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Place of Execution Signature STAFF REPORT ITEM NO. 60 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works e, �vy DATE: March 20, 2019 SUBJECT: Award of Bids for City Project No. 2018-0273, CIP No. 19-113 — Walnut Creek Nature Park Improvements Phase III SUMMARY This item will authorize the award of contract for City Project No. 2018-0273, - Walnut Creek Nature Park (WCNP) Improvements, Phase III to CEM Construction Corp. of Downey, CA. This project is listed in the current Fiscal Year 18-19 Capital Improvement Program (CIP #19-113). This project is the third and final phase of improvements to WCNP. The Project consist of grading the northwest park of WCNP, new playground equipment, ADA improvements, fitness nodes, landscaping, irrigation, extended trail, lighting, cameras, parking lot reconfiguration and reconstruction. The project is funded with state approved grant funding sponsored by Assemblywoman Blanca Rubio's Office and will be administered by the California Natural Resources Agency (CNRA). RECOMMENDATION It is recommended that the City Council: 1. Approve and award the contract to CEM Construction Corp. of Downey, CA in the amount of $893,010.00; and 2. Authorize the Mayor and City Clerk to execute the contract for Walnut Creek Nature Park (WCNP) Improvements, Phase III Project; and 3. Authorize the Director of Finance to appropriate $80,000 from Measure M Fund 255 to Account # 255-50-58100-16185. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. Grant Funds and Special Funds will be utilized for this project as follows: Construction Contract $893,010.00 Contingency (6%) $53,580.60 Total Construction Costs $946,590.60 CIP-19-113 CNRA Grant — Acct# 270-50-520-58100-16185 $774,709.60 Housing Related Parks Grant Program — Acct# 270-60-620-58100- 16185 $78,169.00 Pro A — Fund #244-50-520-58100-16185 $13,712.00 Appropriate Measure M —Acct. #255-50-520-58100-16185 $80,000.00 Total Available Funds $946,590.60 Construction Contract $893,010.00 Contingency (6%) $53,580.60 Total Construction Costs $946,590.60 BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that due to lack of funding to complete all of the recommendations in one phase, the project was to be divided into several phases. On December 16, 2015, the City Council awarded a contract for the first of three planned phases of construction. Phase 1 improvements included grading of the existing swale, installation of an irrigation system, concrete walking path, expanded bio-swale, installation of trees, lighting, and parking lot improvements. On April 20, 2016, the City Council accepted the completed improvements for Phase L On August 3, 2016, the City Council awarded a construction contract for Phase II of the improvements. Phase II included of grading for planting of trees, shrubs and plants, expansion of the irrigation system, concrete walking path, improvements to the observation structure including installation of new roof, new concrete flooring and new deck and fencing. Other improvements include installing 2 ADA accessible parking stalls, construction of an ADA pedestrian bridge, and the construction of 2 new play areas. On March 15, 2017, the City Council accepted the improvements for Phase IL On July 18, 2018, City Council authorized an agreement for professional services to Restoration Design Group (RDG) for the construction plans and specifications for the third and final phase for the WCNP Project. Phase III included grading the northwest portion of the park, installing new playground equipment, ADA improvements, fitness nodes, landscaping, irrigation, extended trail, lighting, cameras, parking lot reconfiguration and reconstruction. On February 6, 2019, staff received the authorization to bid WCNP Phase III Project. The project was advertised in the San Gabriel Valley Examiner on February 21St and February 28th of 2019. Bids were opened on March 7, 2019. DISCUSSION On March 7, 2019, a total of three (3) bids were received and opened. During the bid opening, the apparent lowest bid from CEM Construction Corp. had a total base bid of $893,010.00 and has been verified as the lowest responsible and responsive bidder. The following is a summary of confirmed total base bids received. 1 CEM Construction Corp.Downey, CA $893,010.00 2 C.W.S. Systems Inc. Pasadena, CA $1,079,586.60 3 LBI La Habra, CA $1,284,066.14 The low bidder has been vetted by Staff by verifying references and recommends that the City Council move forward with the award of contract in the amount of $893,010.00. If awarded, the construction work is estimated to start in late March and be complete in June. ENVIRONMENTAL REVIEW The subject Walnut Creek Nature Park and Morgan Park Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Class 1, Existing Facilities; All improvements and repairs are within the boundaries of the existing park area. ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids, re -bid the project and hold public meetings. This action is not recommended as re -bidding the project will delay the work which may leave the City at risk of losing the grant funds provided by the Assemblywoman Blanca Rubio's Office and CNRA. Additionally, not completing the project will leave an area of the park in an unfinished state. 2. Provide Staff with alternate direction. LEGAL REVIEW Not Required. ATTACHMENTS None. STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: March 20, 2019 F� 01 SUBJECT: Approval of Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) for Rail Safety Crossing and Quiet Zone Ready Improvements at MacDevitt Street, Merced Avenue and Foster Avenue SUMMARY This report seeks City Council consideration for the approval of a Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) to develop plans, specifications and estimate (PS&E) for the City's Rail Safety Crossing and Quiet Zone Ready Improvements Project. The project will upgrade rail crossings at MacDevitt Street, Merced Avenue and Foster Avenue to SCCRA's standards. Upgrading these crossings to current standards will improve pedestrian, vehicular and rail safety while ensuring compliance in the implementation of a Quiet Zone in the future. RECOMMENDATION It is recommended that the City Council: 1. Approve the Design Services Agreement with SCRRA for railroad design services for highway - rail grade crossing warning and signalization including Quiet Zone improvements at the MacDevitt Street, Merced Avenue and Foster Avenue crossings and authorize the Mayor to execute the DSA agreement in an amount not -to -exceed $470,800; and 2. Authorize the Director of Finance to draw -down from the Measure M Revenue Bond proceeds held by U.S. Bank to cover the DSA costs; and 3. Authorize the Director of Finance to reduce the approved budget from Acct. #255-50-520-58100- 15550 in the amount of $658,252 to be re -appropriated to other projects and to make the necessary budget adjustments. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. This project is funded with proceeds from Measure M Revenue Bond. The project is included in the current Fiscal Year's Capital Improvement Program (CIP) approved by City Council on September 5, 2018. However, the total expenditures from the approved budget of $750,000 are estimated to be $91,748 for this Fiscal Year. Since the funds from the Measure M Revenue Bond are ready and available for draw -down, all future expenditures related to the project will be paid from the bond proceeds including costs related to the DSA recommended by this report. Therefore, the balance from the approved budget in the amount $658,252 can be reduced and re -appropriated to fund other CIP projects as approved by City Council. The funds available for this project and budget adjustments are detailed below: BACKGROUND On October 22, 2012 the City of Baldwin Park was awarded a State Highway Safety Improvement Program (HSIP) Grant for $344,600 to design and construct the Pacific Avenue and Bogart Avenue signalized intersection and median improvements. During the design process it was determined that Metrolink would have to be involved in the review process due to the proximity of the project to the rail tracks. After several meetings with Metrolink's staff, it was agreed that improvements would have to be made along the railroad right-of-way in order to comply with the requirements of SCRRA and CPUC. On April 15, 2016 the City entered into a Construction and Maintenance Agreement with SCRRA for Rail Crossing Improvements at the Ramona Boulevard crossing. The improvements would not only bring the crossing to current SCRRA's standards but would also make the crossing Quiet Zone ready. In light of this development and because the City was already working on a project at the Pacific Avenue crossing that involved making improvements along SCRRA's right-of-way, staff decided to expand the scope of the project to also include similar improvements such as pre-emption and installation of pedestrian gates and make the crossing Quiet Zone ready. On December 21, 2016 the City Council approved a DSA for railroad design review services that included the scope imposed by SCRRA but also expanded the design to include the Quiet Zone scope. As of recent, there has been significant interest in establishing a Quite Zone within the City of Baldwin Park. The residents of the City, particularly those that live adjacent to the tracks, in numerous occasions, have complained about the loud sound of the train horn and have expressed a desire to eliminate the sound by implementing a Quiet Zone. Quiet Zones are sections of the railroad corridor where train crews will not regularly sound their horns. To meet the minimum implementation requirements for a Quiet Zone, the City would need to make improvements to all highway -rail grade (public, private and pedestrian) crossings within a minimum length of one-half mile along the length of railroad right-of-way. Since Ramona Boulevard and Pacific Avenue are two consecutive crossings scheduled to receive, or have received, rail safety and Quiet Zone ready improvements, Staff decided to explore the implementation of a Quiet Zone. To meet the one-half mile requirement, Staff researched the consecutive downstream crossings for possible candidates. This included MacDevitt Street, Merced Avenue and Foster Avenue crossings. These three crossings along with Ramona Boulevard and Pacific Avenue crossings, cover a length of approximately 1.4 miles which is well over the minimum requirement. With the locations selected, the next biggest hurdle to overcome and the major contributor to a viable project was identifying funding for the cost of improving the crossings. The cost to complete this project is estimated to be $6.7 million; funding that was not available until recent. On August 15, 2018, City Council authorized staff to proceed with obtaining funding for the project through the issuance of Measure M Revenue Bond. On October 16, 2018 the City Council held a Public Hearing for public comment and approval of Resolution No. 2018-299 approving the bond sale and related actions for financing of the project. The availability of the Measure M Revenue Bond funds to pay for the improvements has removed the biggest challenge of the project. This allows the City to engage SCRRA to prepare the plans and manage the Project through the authorization process with the California Public Utilities Commission (CPUC) and Caltrans. With the support from SCRRA and CPUC, the City can expedite the project and coordinate project management, construction management and inspection activities to keep the project current and active. The City will also handle the close-out process once the project is complete. DISCUSSION The City's Rail Crossings Safety Improvements Project consists of main rail track crossings at Merced Avenue, McDevitt Street, Foster Avenue and Pacific Avenue and others. This segment on the San Bernardino Metrolink line serves 38 weekday passenger trains and 4 weekday freight trains. The crossings are located near businesses, schools, and residential neighborhoods. There is vehicular traffic and significant amount of pedestrian traffic along these crossings. The features of the proposed design may improve the overall travel time for trains by reducing the potential for train -automobile and train -pedestrian collisions, thereby increasing safety to all. It will also help with reducing delays to passenger rail traffic, freight rail traffic, and motor vehicles traveling through crossings. Projected future traffic increases will only cause the existing deficiencies to increase and create more delay or more opportunity for rail, automobile, and pedestrian accidents to occur. The planned improvements at the at -grade crossings will bring the highway -rail crossing up to current SCRRA Grade Crossing Safety Standards and may include among other improvements, new raised median islands, additional warning devices with gate arms and cantilevered flashing signals, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channelization and other enhancements, right-of-way swing gates, signing and striping, and other roadway improvements. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry. Additionally, the improvements at Foster Avenue which is an at -grade pedestrian -only crossing may include improvements to pavement, curbs, gutters and ADA accessible sidewalks with pedestrian warning devices such as pedestrian gate arms. Design services for the Pacific Avenue crossing are currently being handled by SCRRA through a DSA and are expected to be completed in June 2019. This report request approval of a separate DSA for design services of the remaining crossings. Staff expects to begin construction on the Pacific Avenue crossing improvements by Fall 2019. The design of the other crossings at McDevitt Street, Merced and Foster Avenues is anticipated to be completed by January 2020, with construction completed by June 2021. ENVIRONMENTAL REVIEW The subject Rail Safety Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ALTERNATIVES 1. Council may choose not to approve the DSA with SCRRA and direct staff to circulate a Request for Proposal (RFP) for design services. This option is not recommended since SCRRA is willing to take on the railroad signal design services. Working with railroad regulatory agencies such as SCRRA has been labor and time intensive. By having SCRRA prepare the design it could eliminate delays that will arise from third -party design review processes. 2. Provide Staff with alternative direction, however other alternatives will likely delay the project and implementation. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Design Services Agreement with SCRRA Attachment 1 Design Services Agreement with SCRRA DESIGN SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY OF BALDWIN PARK FOR FOSTER AVENUE, MERCED AVENUE, & MACDEVITT STREET GRADE CROSSING IMPROVEMENTS AT SCRRA MP 17.59, 18.03, 18.36 - SAN GABRIEL SUBDIVISION DOT NO.: 849789M, 747279B, 747280V CPUC NO.: I0ISG-17.59-D, IO1SG-18.03, 101SG-18.36 IN IM.,10l1+JIIki17.113 � LOS ANGELES COUNTY, CALIFORNIA Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: S0000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 This Design Services Agreement ("AGREEMENT") is made and entered into as of the day of 2019, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd., Suite 1500, Los Angeles, CA 90017 and the CITY OF BALDWIN PARK, a charter city and municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "CITY"), to be addressed at 14403 East Pacific Avenue, Baldwin Park, CA 91706. CITY and SCRRA may be referred to singly as "PARTY" and collectively as "PARTIES." RECITALS: SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the "METROLINK" commuter train system on railroad rights-of-way owned by the member agencies and through other shared use and joint operation agreements. The five -county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority ("METRO"), Ventura County Transportation Commission ("VCTC"), Orange County Transportation Authority ("OCTA"), San Bernardino County Transportation Authority ("SBCTA"), and Riverside County Transportation Commission ("RCTC"). SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area traversed by Foster Avenue, Merced Avenue, & MacDevitt Street in the City of Baldwin Park. SCRRA and the "Operating Railroads [as used herein "Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this at -grade highway railroad crossing location on right-of-way owned by METRO, in accordance with the Shared Use Agreement dated December 20, 1990, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the "Intercity Agreement". -1- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - 50000040 San Gabriel Subdivision MP17.59-18.36 CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California. The CITY desires to improve three highway at -grade rail crossings bringing them up to current SCRRA engineering standards; Foster Avenue, Merced Avenue, and MacDevitt Street, herein referred to as the "PROJECT". These streets intersect the SCRRA San Gabriel Subdivision, herein referred to as the "CROSSINGS" and identified respectively as US DOT No. 849789NVCPUC No. 101SG-17.59-D at milepost 17.59, US DOT No. 747279B/CPUC No. 101SG-18.03 at milepost 18.03, and US DOT No. 747280V/CPUC No. 101 SG -18.36 at milepost 18.36. Upgrading these crossings to current standards will improve pedestrian, vehicular and rail safety while ensuring compliance should the CITY wish to implement a Quiet Zone in the future. The CITY has requested that SCRRA be the lead for the civil & railroad signal design portion of the PROJECT. Proposed improvements include raised medians, hand railing, pedestrian warning gates with flashing signals, and exit gates at the CROSSINGS per SCRRA standard drawings. SCRRA does not receive any funding through its budget process to support third party projects such as this one. SCRRA is required to enter into agreements, service contracts, and memorandum of understandings, and obtain deposits to cover the expenses of its staff, consultants, and contractors in the support of third -party projects. Therefore, CITY and SCRRA wish to enter into this AGREEMENT to establish roles, responsibilities, funding and processes for engineering design, engineering reviews, comments, and approvals of final engineering Plans, Specifications and Estimates (PS&E) for the PROJECT. As part of the PROJECT, SCRRA, at the CITY's sole cost and expense, will develop RAILROAD CROSSING DESIGN & SIGNAL DESIGN PLANS for all railroad crossing infrastructure and systems affected including PS&E and development of the Construction and Maintenance (C&M) Agreement, and attendance at design meetings and site visits as required to accommodate the PROJECT, hereinafter referred to as "DESIGN SERVICES", and as detailed in Section I.1. of this AGREEMENT. -2- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: S0000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 The PARTIES acknowledge that if the CITY and its consultants and contractors need access within or adjacent to the railroad right-of-way to perform any design or construction work, a separate Right of Entry Agreement (Form 5 and Form 6, available at https://www.metrolinktrains.com/about/agency/engineering--construction/) between SCRRA and each entity must be issued before access can be provided. The PARTIES acknowledge that a separate Construction and Maintenance ("C&M") Agreement will be negotiated and entered into subsequently by the PARTIES for the actual construction and maintenance of the altered CROSSING. The PARTIES agree to enter into the C&M Agreement after designs are completed, but before construction begins. The C&M agreement will protect the PARTIES interests during construction of the PROJECT. AGREEMENT IN CONSIDERATION of the promises and mutual understandings of the PARTIES, and the faithful performance thereof. SECTION I SCRRA agrees as follows: 1. SCRRA to provide "DESIGN SERVICES" as detailed herein during the development of the design of the PROJECT as follows; a. Develop RAILROAD CROSSING DESIGN PLANS to provide for additional railroad warning facilities, as required by the California Public Utilities Commission ("CPUC") and the latest SCRRA grade crossing safety standards. b. Develop RAILROAD SIGNAL DESIGN PLANS for all railroad signal and communication facilities to provide for additional railroad warning facilities, as required by the California Public Utilities Commission ("CPUC") and the latest SCRRA grade crossing safety standards, including any necessary modifications to SCRRA's Positive Train Control (PTC) system. c. Prepare PS&E for the PROJECT. d. Attend coordination meetings and make site visits as required. -3- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - 50000040 San Gabriel Subdivision MP17.59-18.36 e. Prepare GO -88B application and provide support to the CITY in submittal of application to CPUC. f. Develop Construction and Maintenance (C&M) Agreement for the PROJECT. The C&M Agreement must be in place prior to SCRRA permitting construction on the railroad right -of- way. 2. SCRRA shall issue Contract Task Orders (CTO's) with its design consultant(s) upon receipt of CITY's deposit, and as needed for required signal, communication, or other design services. 3. Approval by SCRRA shall mean only that the PS&E meet the standards of SCRRA, and such approval by SCRRA shall not be deemed to mean that the PS&E or construction is structurally sound and appropriate or that the PS&E meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof. 4. SCRRA will consider CITY's comments and responses on the plans, specifications, and estimates ("PS&E") and direct its consultant(s) accordingly if any such changes requested by CITY, are consistent with the conditions present at the specific crossing, signal system requirements, and if such changes are in accordance with SCRRA's design manuals, standards guidelines and practices and sound industry practice and comply with the current SCRRA guidelines and standards. However, the final decision on whether to accept CITY's requested changes to railroad elements shall rest solely with SCRRA, but shall not be unreasonably denied. 5. The performance of any additional services beyond the DESIGN SERVICES defined in Section I.1. and outlined in EXHIBIT "A", shall require an amendment to this AGREEMENT signed by both Parties. 6. SCRRA will provide Railroad Protective Services (Employee in Charge, Third Party Safety training, signal/communication cable marking), at CITY cost, to facilitate access for CITY staff, contractors or consultants to the Right -of -Way for survey purposes. 52 Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - 50000040 San Gabriel Subdivision MP17.59-18.36 7. Signals determined to be obscured and/or signals and communication facilities determined to be in conflict with construction will be relocated, if necessary. Relocations will be designed by SCRRA and relocated by SCRRA at CITY expense. SCRRA facilities that cannot be relocated because of operational or other constrains may require alteration to the design or construction procedures. 8. SCRRA shall designate a Project Manager as a single point of contact to oversee and manage SCRRA's obligations under this AGREEMENT in coordination with CITY's elected representative. SECTION II CITY agrees as follows: 1. CITY shall designate its City Engineer or his or her designee as its single point of contact to coordinate with SCRRA for all DESIGN SERVICES under this AGREEMENT. 2. CITY shall fund and bear the cost of one hundred percent (100%) of all DESIGN SERVICES as defined in Section I and outlined in EXHIBIT "A" of this AGREEMENT. The costs associated with the DESIGN SEVICES are only estimates and may vary, for which the CITY shall be responsible for reimbursement of one hundred percent(100%) of all costs incurred by SCRRA. 3. The total cost of the DESIGN SERVICES provided by this AGREEMENT shall not exceed the sum of $470,100.00 (includes previous initial deposit of $12,500). Within thirty (30) days of execution of this AGREEMENT, CITY agrees to deposit the amount of $457,600.00 which shall bring the total deposit to one hundred percent (100%) of the estimated cost of DESIGN SERVICES to be provided by SCRRA under EXHIBIT "A" of this AGREEMENT, including a 10% contingency. SCRRA will be reimbursed on the basis of actual cost up to the "not -to -exceed" total amount. SCRRA shall notify CITY in writing when seventy-five percent (75%) of the deposited funds have been exhausted and -5- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - S0000040 San Gabriel Subdivision MP17.59-18.36 include an estimate of what, if any, additional funds are estimated to be needed to complete the services under this AGREEMENT. 4. CITY shall be responsible for and fund any other costs associated with obtaining permits, right-of-way, encroachments, easements, and other entitlements necessitated by ' the PROJECT prior to construction of the PROJECT. CITY shall perform all coordination with Third parties and statutory authorities. 5. CITY shall provide comments and guidance on design submittals for the PROJECT. 6. If a construction contract for the PROJECT has not been awarded and a Notice to Proceed issued within two years of the execution of the C&M agreement, SCRRA's design shall be changed to incorporate any SCRRA revised design requirements, at CITY's expense. 7. In the event that any utility work needs to be undertaken for any existing public and/or private utility during the design phase of the PROJECT, CITY will make all necessary agreements with the owners for the protection, relocation or removal of said facilities. CITY shall also provide copies of its letters of agreement with utility companies to SCRRA and METRO showing that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the METRO right-of-way. SECTION III MUTUAL AGREEMENT: 1. Neither SCRRA, nor the Operating Railroads as identified by SCRRA, nor any of SCRRA's board members, member agencies, officers, agents, volunteers, contractors, or employees, shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by the CITY under this AGREEMENT. CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by -6- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - 50000040 San Gabriel Subdivision MP17.59-18.36 SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractors, and employees ("SCRRA Indemnities") from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnities arising out of or connected with any negligent acts or omissions on the part of CITY, its council, officers, agents, contractors, or employees under or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT. 2. Neither CITY, nor its council, officers, agents, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA, or the Operating Railroads as identified by SCRRA, under or in connection with the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, contractors, and employees ("CITY Indemnities") from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the CITY Indemnities arising out of or connected with any negligent acts or omissions on the part of SORRA, any Operating Railroads as identified by SCRRA, as well as their respective board members, officers, agents, volunteers, contractors or employees under or in connection with any aspect of the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT. 3. In addition to the rights and obligations established in Sections 111. 1. and III.2. herein, and in contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant -7- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: S0000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each party agrees to indemnify and hold harmless the other for any cost or expense that may be imposed upon such other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. Should any rights or obligations in this Section III.3. be in conflict with Sections 111. 1. and III.2., above, the rights and obligations established in this Section III.3. shall prevail. 4. This AGREEMENT contains the entire understanding of the PARTIES and cannot be amended or modified except by a written amendment executed by both PARTIES. 5. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes in a timely manner to avoid delay costs. 6. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 7. In addition to the specific provisions of this AGREEMENT, delay in performance by any party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally -mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the party claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. 8. This AGREEMENT shall be construed and interpreted under the laws of the State of California. -8- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: 50000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows: To CITY To SCRRA Sam Gutierrez Director of Public Works Justin Fornelli, P.E. Director of Engineering & Construction Public Works Department City of Baldwin Park Southern California Regional Rail Authority 14403 East Pacific Avenue 2558 Supply St, Bldg. A Baldwin Park, CA 91706-4297 Pomona, CA 91767 [SIGNATURES APPEAR ON THE FOLLOWING PAGE] -9- Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: S0000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY LIM Stephanie Wiggins Chief Executive Officer Date: APPROVED AS TO FORM: I: Don O. Del Rio General Counsel Date: -10- CITY OF BALDWIN PARK Manuel Lozano, Mayor City of Baldwin Park Date: APPROVED AS TO FORM: LOW Date: Robert M. Tafoya City Attorney Foster, Merced, & MacDevitt Grade Crossing Improvement SCRRA Project No: 860980 Design Services Agreement SCRRA File No.: S0000038 - S0000040 San Gabriel Subdivision MP 17.59-18.36 EXHIBIT "All FOSTER AVENUE, MERCED AVENUE, & MACDEVITT STREET GRADE CROSSING IMPROVEMENTS DESIGN SERVICES AGREEMENT BUDGETED SCHEDULE AND COST Date 12 -Mar -19 SCRRA Project No. 860980 Project Name Foster, Merced, & MacDevitt Grade Crossing Improvements Y Schedule 12 months QUANTITY NO, •COST Months per Persons Month Scope of Work for DESIGN REVIEW SERVICES 1 Project Management and Administration 1.1 General PM Work 12 2 4 1 96 HR $250 $24,000 1.2 Design Coordination Meetings 12 1 2 1 24 HR $250 $6,000 1.3 Develop and coordinate C&M Agreement after 40 HR $250 $10,000 design completion and prior to Construction Sub -Total l 160 HR $40,000 2.1 Review Design Documents by Engineering, Safety, 4 DAYS $1,750 E T^$7,000 2 EA $1250 j $2,500 5 EA $1000 i $5,000 i $14,500 :,Sub Total (items 1-4) 9 $416,00000 contingency (10%) j $41,600.00 ;TOTAL ESTIMATED COST for DSA Deposit .Operations IPreviously Invoiced funds from LOA Deposits TOTAL ESTIMATED COST $470,100.00 30%1 8 2 16 HR $250 .. 60% 1 8 2 16 HR $250 90% 1 8 2 16 HR $250 100%/ 1 F / Conformed Documents 1 8 2 16 HR i $250 2.2!Site Visits/CPUC Di agnosticMeetings 3 1 3 2 6 HR $250 _.._ 2.3 Design Consultant _ 1 LS $210,000.00 Sub -Total r 70 HR 3.1' Review ofCommunications&Signal Design 20 240 HR $250 3.2''PTCSupport 8 2 16 HR ! $250 3.3;Signal Consultant 1 LS $120,000 Sub -Total! 4.1 'Flagging 42;SafetyTraining .. ,. 43rcSCRRA CableMarking Sub -Total, 4 DAYS $1,750 E T^$7,000 2 EA $1250 j $2,500 5 EA $1000 i $5,000 i $14,500 :,Sub Total (items 1-4) 9 $416,00000 contingency (10%) j $41,600.00 ;TOTAL ESTIMATED COST for DSA Deposit `r $457,600.00 $12,500.00 IPreviously Invoiced funds from LOA Deposits TOTAL ESTIMATED COST $470,100.00 Notes: 1 �Theanticipateddurationofthedesignphaseoftheprojectis12months. 2 The cost of the SCIRRA services shown is an estimate only and CITYwill reimburse SCRRAon the basis of actual costs and expenses. 3 CITY shall reimburse SCRRAthe actual costs and expenses incurred by SCRRA and its contractors and consultants for all services and work performed in connection with this project, including an allocated overhead representing SCRRXs costs for administration and management. Task 4.2 ;Roadway Worker Protection traInings based upon 20 trainees persession. -11- ITEM NO. O STAFF REPORT�y'k� '''�, TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance IEL „ erya" DATE: March 20, 2019 JA14'03 SUBJECT: A Resolution of the City Council of the City of Baldwin Park Approving the Agreement and Election to Prefund Other Post -Employment Benefits (OPEB) with the California Employers' Retirement Benefit Trust Fund (CERBT) Administered through the California Public Employees Retirement System (CaIPERS) and Approve the Delegation of Authority to Request Disbursements Summary This report seeks City Council consideration and direction regarding the approval of the Agreement with the California Public Employees' Retirement System to join the California Employers' Retiree Benefit Trust Program. RECOMMENDATION Staff recommends that the City Council: Approve the agreement with CalPERS to join the CERBT program; adopt Resolution No. 19- 006 delegating authority to request disbursements from the Trust; and authorize the execution of necessary documents with CalPERS to fund and maintain participation in the Trust; and 2. Authorize the Director of Finance to deposit up to 50% of the General Fund surplus, if any, to the CERBT account each fiscal year after the audit is completed. The amount of deposit may be adjusted year-to-year with the City Council's direction. FISCAL IMPACT There is no direct fiscal impact to set up the CERBT account. However, future investments will result in significant savings to the City. The City makes voluntary contributions to the irrevocable trust. Also, to the extent that the City makes voluntary contributions to the irrevocable trust, the additional investment income on trust assets will decrease the City's required contributions to cover OPEB costs. A standard fee of 0.10% basis point is retained to manage the fund that will come from the investment income on trust assets. BACKGROUND The City of Baldwin Park provides certain limited healthcare benefits to eligible retirees. To be eligible, the retiree must have retired from the City, attained the age of 50 (age 52, is a new miscellaneous member on or after January 1, 2013) and earned at least 5 years of CalPERS service of disability retirement. Such benefits commonly referred to as Other Post -Employment Benefits (OPEBs). The City has historically funded these OPEB expenses as they came due rather than as they are earned. While pay-as-you-go is a common financial practice, the methodology on pays for existing retirees and ignores the future cost of employees that have earned the benefit but have not yet retired resulting in the accumulation of an unfunded liability for future benefits. The Government Accounting Standards Board (GASB 45) requires agencies to account for and disclose OPEB costs for all active and retired employees. The City hires a certified actuary to qualify this liability which is based on employee age, life expectancy, and future medical costs. As of June 30, 2018, the actuarial accrued liability is projected to be as $45,247,990. Currently, the City's OBEP is zero percent (0%) funded and this action will allow the City to pre -fund the OBEB as well as earn a higher return on investments providing a more secure financial future for the City. DISCUSSION An OPEB irrevocable trust is established in compliance with Internal Revenue Code Section 115 and has the following characteristics: 1. Employer contributions are irrevocable; and 2. Assets are dedicated to providing benefits to retirees and beneficiaries in accordance with the terms of the plan; and 3. Assets are legally protected from creditors of the employer or the plan administrator. Entering into an investment management agreement with an OPEB trust provider will allow the City to make long-term investments to match its long-term obligation to provide health benefits to retirees. Because professionally -managed long-term investments typically produce higher yields than the shorter term, more liquid investments currently held by the City's cash pool, establishing and funding an OPEB irrevocable trust should result in a lower total cost to the City for providing retiree health insurance benefits. IRREVOCABLE TRUST ALTERNATIVES Staff evaluated the programs of two OPEB Trust providers: California Employer's Retiree Benefit Trust (CERBT) which is managed by CalPERS and Public Agency Retirement Services (PARS). Both programs are compliant with the Internal Revenue Code Section 115. Evaluation criteria included the size and experience of each provider, the length of time providing OPEB trust services, administrative costs, and investment returns. CERBT, which was established in 2007 solely for the purpose of receiving employer contributions that will prefund OPEB costs, is a self-funded, not-for-profit trust fund in which participating agencies pay for all of the administrative and investment expenses. The assets held in the CERBT are co - invested and managed by the same CalPERS staff that manages the City's pension assets. While managed by the same investment staff, CERBT investment strategies are different than those of the retirement system. CERBT offers three investment strategies. Asset management fees have ranged from two basis points (0.02%) to fifteen basis points (0.15%) during the life of the trust. Currently, asset management fees are ten basis points (0.10%) of assets under management. The fee rate may vary from year to year and may be changed without notice. CERBT is currently used by more than 551 agencies for OPEB trust services and has about $8.7 billion in assets under management. PARS is a for-profit entity which has been providing OPEB benefits for over 20 years. PARS utilizes US Bank as a trustee and High Mark Capital Management as an Investment Manager. PARS offers five investment strategies. Administrative fees are a combination of trustee fees payable to US Bank and fees payable to PARS. For a plan of our size, this fee totals sixty basis points (.60%) of assets under management. PARS is currently used by over 200 agencies for OPEB trust services and has about $1.8 billion in assets under management. When comparing the investment returns for both entities, using the most comparable investment strategies, returns are fairly similar on a gross -basis. When reviewed net of asset management fees, CERBT slightly outperforms PARS. For a plan with $1,000,000, the difference in asset management fees would be $5,000 ($1,000,000 x (.006-.001)), annually. Although, both the CERBT and PARS plans provide excellent OPEB Trust options for the City, staff recommends engaging CERBT to provide these services. While PARS has provided OPEB services for a longer period, the CERBT also has significant experience in the industry. In addition, the administration costs for CERBT program are significantly lower than those of the PARS program. If the City Council approves the CERBT plan, the City must choose one of the CEBRT's three investment strategies. The long-term expected rate of return for the three asset allocation strategies is as follows: Asset Allocation Strategy Long -Term Expected Rate of Return Strategy 1 7.59% Strategy 2 7.01% Strategy 3 6.22% The lowest return/volatility strategy (Strategy 3) is considered most appropriate for a well -funded, mature plan, while the highest return/volatility strategy (Strategy 1) is considered the most appropriate for a plan that is not well -funded. The initial funding recommended by staff will provide a moderate level of funding for the trust. Therefore, it is recommended that the City select Strategy 2, which would provide lower risk than Strategy 1, but with the potential for higher returns than Strategy 3. LEGAL REVIEW Not Applicable ATTACHMENT 1. Resolution No. 19-006 CERBT OPEB TRUST 2. CERBT OPEB Agreement 3. CERBT Delegation Authority to Request Disbursements Attachment 1 Resolution No. 2019-006 RESOLUTION NO. 19-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE AGREEMENT AND ELECTION TO PREFUND OTHER POST -EMPLOYMENT BENEFITS (OPEB) WITH THE CALIFORNIA EMPLOYERS' RETIREMENT BENEFIT TRUST FUND (CERBT) ADMINISTERED THROUGH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CaIPERS) AND APPROVE THE DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS WHEREAS, the City provides required health insurance benefits to retirees, also known as Other Post -Employment benefits (OPEB), and currently funds its OPEB benefits on a "pay-as-you-go" basis; and WHEREAS, it is determined that it is in the best interest of the City and its retirees to set aside funds for OPEB obligations in an irrevocable trust dedicated to paying OPEB expenses and to ensure that such funds are invested in a prudent manner; and WHEREAS, the California Public Employees' Retirement System (CaIPERS) has established the California Employers' Retiree Benefit Trust (CERBT) to manage OPEB funds for public agencies through an irrevocable trust, in compliance with Internal Revenue Code Section 115. WHEREAS, in order to establish an OPEB trust with CalPERS, the City Council must approve entering into an agreement with CaIPERS entitled "Agreement and Election of the City of Baldwin Park to Prefund Other Post - Employment Benefits through CaIPERS". NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section_ 1. The City Council does hereby approve the CERBT Agreement and Election of the City of Baldwin Park to Prefund Other Post -Employment Benefits through CalPERS. Section_ 2, The City Council does hereby delegate the City Manager and Director of Finance, authority to request on behalf of the City eligible disbursements from the OPEB Trust as needed and to certify as to the purpose for which the disbursed funds will be used. Section_ 3. The City Council does hereby authorize the City Manager and Director of Finance, to execute all documents to facilitate the funding, investment management and administration of the City's Other Post -Employment Benefits. PASSED, APPROVED AND ADOPTED this 20th day of March 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.19-006 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 20, 2019, and that the same was adopted by the following vote to wit: JEAN M. AYALA CITY CLERK Attachment 2 CERBT OPEB Agreement CALIFORNIA EMPLOYERS' RETIREE BENEFIT TRUST PROGRAM ("CERBT") AGREEMENT AND ELECTION OF City Baldwin Park, California (NAME OF EMPLOYER) TO PREFUND OTHER POST -EMPLOYMENT BENEFITS THROUGH CaIPERS WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for annuitants (Prefunding Plan); and WHEREAS (2) The California Public Employees' Retirement System (CaIPERS) Board of Administration (Board) has sole and exclusive control and power over the administration and investment of the Prefunding Plan (sometimes also referred to as CERBT), the purposes of which include, but are not limited to (i) receiving contributions from participating employers and establishing separate Employer Prefunding Accounts in the Prefunding Plan for the performance of an essential governmental function (ii) investing contributed amounts and income thereon, if any, in order to receive yield on the funds and (iii) disbursing contributed amounts and income thereon, if any, to pay for costs of administration of the Prefunding Plan and to pay for health care costs or other post -employment benefits in accordance with the terms of participating employers' plans; and WHEREAS (3) City of Baldwin Park, California (NAME OF EMPLOYER) (Employer) desires to participate in the Prefunding Plan upon the terms and conditions set by the Board and as set forth herein; and WHEREAS (4) Employer may participate in the Prefunding Plan upon (i) approval by the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund Other Post -Employment Benefits (Agreement) as provided in the terms and conditions of the Agreement; and WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an essential governmental function within the meaning of Section 115 of the Internal Revenue Code as an agent multiple -employer defined benefit plan as defined in Governmental Accounting Standards Board (GASB) Statements for Accounting and Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans (OPER Standards) consisting of an aggregation of single -employer plans, with pooled administrative and investment functions; Rev 11/1/2017 Page 1 of 10 NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: A. Representation and Warranty Employer represents and warrants that it is a political subdivision of the State of California or an entity whose income is excluded from gross income under Section 115 (1) of the Internal Revenue Code. B. Adoption and Approval of the Agreement; Effective Date; Amendment (1) Employer's governing body shall elect to participate in the Prefunding Plan by adopting this Agreement and filing with the CalPERS Board a true and correct original or certified copy of this Agreement as follows: Filing by mail, send to: CalPERS CERBT (OPEB) P.O. Box 1494 Sacramento, CA 95812-1494 Filing in person, deliver to: CalPERS Mailroom CERBT (OPEB) 400 Q Street Sacramento, CA 95811 (2) Upon receipt of the executed Agreement, and after approval by the Board, the Board shall fix an effective date and shall promptly notify Employer of the effective date of the Agreement. (3) The terms of this Agreement may be amended only in writing upon the agreement of both CaIPERS and Employer, except as otherwise provided herein. Any such amendment or modification to this Agreement shall be adopted and executed in the same manner as required for the Agreement. Upon receipt of the executed amendment or modification, the Board shall fix the effective date of the amendment or modification. (4) The Board shall institute such procedures and processes as it deems necessary to administer the Prefunding Plan, to carry out the purposes of this Agreement, and to maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such procedures and processes. Rev 1111/2017 Page 2 of 10 C. Other Post -Employment Benefits (OPEB) Cost Reports and Employer Contributions (1) Employer shall provide to the Board an OPEB cost report on the basis of the actuarial assumptions and methods prescribed by the Board. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by applicable GASB OPEB Standards. This OPEB cost report may be prepared as an actuarial valuation report or, if the employer is qualified under GASB OPER Standards, may be prepared as an Alternative Measurement Method (AMM) report. (a) Unless qualified under GASB OPEB Standards, to provide an AMM report, Employer shall provide to the Board an actuarial valuation report. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB OPEB Standards, and shall be: 1) prepared and signed by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board; 2) prepared in accordance with generally accepted actuarial practice and GASB OPEB Standards; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (b) If qualified under GASB OPEB Standards, Employer may provide to the Board an AMM report. Such report shall be for the Board's use in financial reporting, shall be prepared at least as often as the minimum frequency required by GASB OPEB Standards, and shall be: 1) affirmed by Employer's external auditor, or by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board, to be consistent with the AMM process described in GASB OPEB Standards; 2) prepared in accordance with GASB OPEB Standards; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (2) The Board may reject any OPEB cost report for financial reporting purposes submitted to it, but shall not unreasonably do so. In the event that the Board Rev 11/1/2017 Page 3 of 10 determines, in its sole discretion, that the OPEB cost report is not suitable for use in the Board's financial statements or if Employer fails to provide a required OPEB cost report, the Board may obtain, at Employer's expense, an OPEB cost report that meets the Board's financial reporting needs. The Board may recover from Employer the cost of obtaining such OPEB cost report by billing and collecting from Employer or by deducting the amount from Employer's account in the Prefunding Plan. (3) Employer shall notify the Board of the amount and time of contributions which contributions shall be made in the manner established by the Board. (4) Employer contributions to the Prefunding Plan may be limited to the amount necessary to fully fund Employer's actuarial present value of total projected benefits, as supported by the OPEB cost report for financial reporting purposes acceptable to the Board. As used throughout this document, the meaning of the term "actuarial present value of total projected benefits" is as defined in GASB OPER Standards. If Employer's contribution causes its assets in the Prefunding Plan to exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board may refuse to accept the contribution. (5) No contributions are required. Contributions can be made at any time following the effective date of the Agreement provided that Employer has first complied with the requirements of Paragraph C. D. Administration of Accounts, Investments, Allocation of Income (1) The Board has established the Prefunding Plan as an agent plan consisting of an aggregation of single -employer plans, with pooled administrative and investment functions, under the terms of which separate accounts are maintained for each employer so that the Employer's assets will provide benefits only under the Employer's post -employment benefit plan(s). (2) All Employer contributions and assets attributable to Employer contributions shall be separately accounted for in the Prefunding Plan (Employer's Prefunding Account). (3) Employer's Prefunding Account assets may be aggregated with prefunding account assets of other employers and may be co -invested by the Board in any asset classes appropriate for a Section 115 Trust. (4) The Board may deduct the costs of administration of the Prefunding Plan from the investment income or Employer's Prefunding Account in a manner determined by the Board. (5) Investment income shall be allocated among participating employers and posted to Employer's Prefunding Account as determined by the Board but no less frequently than annually. Rev 11/112017 Page 4 of 10 A (6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board, in compliance with applicable accounting and legal requirements, may return such excess to Employer. E. Reports and Statements (1) Employer shall submit with each contribution a contribution report in the form and containing the information prescribed by the Board. (2) The Board shall prepare and provide a statement of Employer's Prefunding Account at least annually reflecting the balance in Employer's Prefunding Account, contributions made during the period and income allocated during the period, and such other information as the Board determines. F. Disbursements (1) Employer may receive disbursements not to exceed the annual premium and other costs of post -employment healthcare benefits and other post -employment benefits as defined in GASB OPEB Standards. (2) Employer shall notify CalPERS in writing in the manner specified by CaIPERS of the persons authorized to request disbursements from the Prefunding Plan on behalf of Employer. (3) Employer's request for disbursement shall be in writing signed by Employer's authorized representative, in accordance with procedures established by the Board. The Board may require that Employer certify or otherwise establish that the monies will be used for the purposes of the Prefunding Plan. (4) Requests for disbursements that satisfy the requirements of paragraphs (2) and (3) will be processed monthly. (5) CalPERS shall not be liable for amounts disbursed in error if it has acted upon the written instruction of an individual authorized by Employer to request disbursements. In the event of any other erroneous disbursement, the extent of CalPERS' liability shall be the actual dollar amount of the disbursement, plus interest at the actual earnings rate but not less than zero. (6) No disbursement shall be made from the Prefunding Plan which exceeds the balance in Employer's Prefunding Account. G. Costs of Administration Employer shall pay its share of the costs of administration of the Prefunding Plan, as determined by the Board. Rev 11/1@017 Page 5 0110 cam H. Termination of Employer Participation in Prefunding Plan (1) The Board may terminate Employer's participation in the Prefunding Plan if: (a) Employer gives written notice to the Board of its election to terminate; (b) The Board finds that Employer fails to satisfy the terms and conditions of this Agreement or of the Board's rules or regulations. (2) if Employer's participation in the Prefunding Plan terminates for any of the foregoing reasons, all assets in Employer's Prefunding Account shall remain in the Prefunding Plan, except as otherwise provided below, and shall continue to be invested and accrue income as provided in Paragraph D. (3) After Employer's participation in the Prefunding Plan terminates, Employer may not make contributions to the Prefunding Plan. (4) After Employer's participation in the Prefunding Plan terminates, disbursements from Employer's Prefunding Account may continue upon Employer's instruction or otherwise in accordance with the terms of this Agreement. (5) After the Employer's participation in the Prefunding Plan terminates, the governing body of the Employer may request either: (a) A trustee to trustee transfer of the assets in Employer's Prefunding Account; provided that the Board shall have no obligation to make such transfer unless the Board determines that the transfer will satisfy applicable requirements of the Internal Revenue Code, other law and accounting standards, and the Board's fiduciary duties. If the Board determines that the transfer will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the transfer. The amount to be transferred shall be the amount in the Employer's Prefunding Account as of the date of the transfer (the "transfer date") and shall include investment earnings up to an investment earnings allocation date preceding the transfer date. In no event shall the investment earnings allocation date precede the transfer date by more than 150 days. (b) A disbursement of the assets in Employer's Prefunding Account; provided that the Board shall have no obligation to make such disbursement unless the Board determines that, in compliance with the Internal Revenue Code, other law and accounting standards, and the Board's fiduciary duties, all of Employer's obligations for payment of post -employment health care benefits and other post -employment benefits and reasonable administrative costs of the Board have been satisfied. If the Board determines that the disbursement will satisfy these requirements, the Rev 11/1/2017 Page 6 of 10 Board shall then have one hundred fifty (150) days from the date of such determination to effect the disbursement. The amount to be disbursed shall be the amount in the Employer's Prefunding Account as of the date of the disbursement (the "disbursement date") and shall include investment earnings up to an investment earnings allocation date preceding the disbursement date. In no event shall the investment earnings allocation date precede the disbursement date by more than 150 days. (6) After Employer's participation in the Prefunding Plan terminates and at such time that no assets remain in Employer's Prefunding Account, this Agreement shall terminate. (7) If, for any reason, the Board terminates the Prefunding Plan, the assets in Employer's Prefunding Account shall be paid to Employer after retention of (i) amounts sufficient to pay post -employment health care benefits and other post -employment benefits to annuitants for current and future annuitants described by the employer's current substantive plan (as that term is used in GASB OPEB Standards), and (ii) amounts sufficient to pay reasonable administrative costs of the Board. (8) If Employer ceases to exist but Employer's Prefunding Plan continues to exist and if no provision has been made by Employer for ongoing payments to pay post - employment health care benefits and other post -employment benefits to annuitants for current and future annuitants, the Board is authorized to and shall appoint a third party administrator to carry out Employer's Prefunding Plan. Any and all costs associated with such appointment shall be paid from the assets attributable to contributions by Employer. (9) If Employer should breach the representation and warranty set forth in Paragraph A., the Board shall take whatever action it deems necessary to preserve the tax-exempt status of the Prefunding Plan. I. General Provisions (1) Books and Records. Employer shall keep accurate books and records connected with the performance of this Agreement. Employer shall ensure that books and records of subcontractors, suppliers, and other providers shall also be accurately maintained. Such books and records shall be kept in a secure location at the Employer's office(s) and shall be available for inspection and copying by CaIPERS and its representatives. (2) Audit. (a) During and for three years after the term of this Agreement, Employer shall permit the Bureau of State Audits, CaIPERS, and its authorized Rev 11/1/2017 Page 7 of 10 representatives, and such consultants and specialists as needed, at all reasonable times during normal business hours to inspect and copy, at the expense of CalPERS, books and records of Employer relating to its performance of this Agreement. (b) Employer shall be subject to examination and audit by the Bureau of State Audits, CalPERS, and its authorized representatives, and such consultants and specialists as needed, during the term of this Agreement and for three years after final payment under this Agreement. Any examination or audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering this Agreement. Employer shall cooperate fully with the Bureau of State Audits, CalPERS, and its authorized representatives, and such consultants and specialists as needed, in connection with any examination or audit. All adjustments, payments, and/or reimbursements determined to be necessary by any examination or audit shall be made promptly by the appropriate party. (3) Notice. (a) Any notice, approval, or other communication required or permitted under this Agreement will be given in the English language and will be deemed received as follows: Personal delivery. When personally delivered to the recipient. Notice is effective on delivery. 2. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice. Notice is effective three delivery days after deposit in a United States Postal Service office or mailbox. 3. Certified mail. When mailed certified mail, return receipt requested. Notice is effective on receipt, if delivery is confirmed by a return receipt. 4. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, Notice is effective on delivery, if delivery is confirmed by the delivery service. 5. Telex or Facsimile Transmission. When sent by telex or fax to the last telex or fax number of the recipient known to the party giving notice. Notice is effective on receipt, provided that (i) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (ii) the receiving party delivers a written Rev 11/1/2017 Page 8 of 10 confirmation of receipt. Any notice given by telex or fax shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a nonbusiness day. 6. E-mail transmission. When sent by e-mail using software that provides unmodifiable proof (i) that the message was sent, (ii) that the message was delivered to the recipients information processing system, and (iii) of the time and date the message was delivered to the recipient along with a verifiable electronic record of the exact content of the message sent. Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this Agreement. (b) Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be noted shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service. (c) Any party may change its address, telex, fax number, or e-mail address by giving the other party notice of the change in any manner permitted by this Agreement. (d) All notices, requests, demands, amendments, modifications or other communications under this Agreement shall be in writing. Notice shall be sufficient for all such purposes if personally delivered, sent by first class, registered or certified mail, return receipt requested, delivery by courier with receipt of delivery, facsimile transmission with written confirmation of receipt by recipient, or e-mail delivery with verifiable and unmodifiable proof of content and time and date of sending by sender and delivery to recipient. Notice is effective on confirmed receipt by recipient or 3 business days after sending, whichever is sooner. (4) Survival All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of their Agreement shall survive the termination of this Agreement until such time as all amounts in Employer's Prefunding Account have been disbursed. (5) Waiver No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and Rev 11/1/21317 Page 9 of 10 signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. (6) Necessary Acts, Further Assurances The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. A majority vote of Employer's Governing Body at a public meeting held on the 20th day of the month of March into this Agreement. Signature of the Presiding Officer: Printed Name of the Presiding Officer: Name of Governing Body: Name of Employer: in the year 2019 , authorized entering Manuel Lozano, Mayor City Council of the City of Baldwin Park, CA City of Baldwin Park Date: March 20, 2019 BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY ARNITA PAIGE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM To be completed by CalPERS The effective date of this Agreement is: Rev 11/1/2017 Page 10 of 10 Attachment 3 CERBT Delegation Authority to Request Disbursements DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS CaIPERS RESOLUTION OF THE City Council of the City of Baldwin Park, California (GOVERNING BODY) OF THE City of Baldwin Park, California (NAME OF EMPLOYER) City Council of the City of Baldwin Park, California The delegates to the incumbents (GOVERNING BODY) in the positions of City Manager (n'TLE) Director of Finance and/or rnTLE) rnTLE) and authority to request on behalf of the Employer disbursements from the Other Post Employment Prefunding Plan and to certify as to the purpose for which the disbursed funds will be used. -10 Title Mayor Witness Date March 20, 2019 OPER Delegation of Authority (1113) STAFF r SAN`' "IEL f e .a 'Qat JaNUP� SUMMARY ITEM NO. 7 TO: Honorable Mayor and Members of the City Council 14g) I FROM: Manuel Carrillo Jr., Director of Recreation & Community Se DATE: March 20, 2019 47�— SUBJECT: Award of Contract for 4T" of July Pyrotechnic Show with Pyro Spectacular, Inc. The purpose of this report is to award the contract to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration. RECOMMENDATION It is recommended the City Council: 1) Authorize the Director of Finance to allocate funding for the event; and 2) Award contract with Pyro Spectaculars, Inc. for professional pyrotechnic services; and 3) Authorize the Director of Recreation & Community Services to execute the agreement with Pyro Spectaculars, Inc. FISCAL IMPACT There is no impact to the general fund at this time. The cost will be funded by the BIT Fund in the amount of $20,000. The overall event cost is approximately $55,000 including; pyrotechnic show, operational costs, contract services (band, games, and sound technician), as well as overtime pay. BACKGROUND At their February 6, 2019 City Council meeting, the Council approved a Request for Proposal (RFP) to solicit bids from professional pyrotechnic companies. The RFP stated all bids had to include a quote for a firework show to be performed on July 4, 2019. Only three companies in the United States exist to provide professional pyrotechnic services, they are Fireworks & Stage FX America, Pyro Spectaculars, Inc. and Zambelli Fireworks Inc. Since professional pyrotechnic services is a specialized field, staff took an active approach to increase the bid pool by placing several phone calls, mailing and faxing letters to encourage the participation from these three companies in the bidding process. Despite several efforts to reach out to all three companies, Pyro Spectaculars, Inc. was the only contractor to submit a proposal and Stage FX America decline the request to submit proposal via email. Pyro Spectaculars, Inc. met all the requirements set forth by the city, county, state and federal guidelines. Fireworks & Stage FX America and Zambelli Fireworks, Inc. did not submit any proposals by the March 7, 2019 deadline. ALTERNATIVES 1. The City Council may elect not to approve the agreement and cancel the event. LEGAL REVIEW The City Attorney has reviewed the contract agreement and approved it as to form. ATTACHMENT 1. Agreement 2. Pyrotechnic Proposal Attachment 1 Agreement Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 PRODUCTION AGREEMENT City of Baldwin Park Program A July 4, 2019 Page 1 of 4 This agreement ("Agreement") is made this day of ,2019 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and City of Baldwin Park, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. 1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terns and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference. 1.1 PYRO Duties — PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein. 1.2 CLIENT Duties — CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2. Time and Place - The Production shall take place on July 4, 2019, at approximately 9:00 PM, at Sierra Vista High School Field, behind bleachers, 3600 Frazier Street, Baldwin Park, CA, Site. 3. Fees, Interest, and Expenses - 3.1 Fee - CLIENT agrees to pay PYRO a fee of $20,000.00 USD (TWENTY THOUSAND DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO $10,000.00 USD (TEN THOUSAND DOLLARS) of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at JL0A OR an amount to be determined, for a total of $10,000.00, as a deposit ("Deposit") upon the execution of this Agreement by both parties but no later than June 14, 2019. The balance of the Fee shall be paid no later than July 12, 2019. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20. 3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees. 3.3 Expenses — PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLiENT's responsibility in this Agreement and Scope of Work. 4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party - owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -party -owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO. 6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production. 7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up. PS V 1-2e Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Baldwin Park Program A July 4, 2019 Page 2 of 4 8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the LOS ANGELES COUNTY FIRE DEPARTMENT, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary pennits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or pennit required by any Local, Regional, State or Federal Government. 9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (I) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLiENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT. The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services. 10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party. 11. Limitation of Damaees for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. 12. Force Ma ieure -CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled. 13. Rescheduling Of Event -If CLIENT elects to reschedule the Production, PYRO shall, be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Right To Cancel CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production. 15. No Joint Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein. 16. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. it is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. in the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. 17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO — Pym Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. Locust Avenue, Rialto, California 92377. CLIENT —City of Baldwin Park, 4100 Baldwin Park Blvd., Baldwin Park, CA 91706. PS V 1-2e Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Baldwin Park Program A July 4, 2019 Page 3 of 4 18. Modification of Terms — All terns of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said tenns of written Agreement only. 19. Severability — If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, Califomia. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Patty executing same. This Agreement shall be binding upon the Parties hereto and upon their hens, successors, executors, administrators and assigns. 20. Price Firm — If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through April 2, 2019 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions, paragraph 20, above. EXECUTED as of the date first written above: PYRO SPECTACULARS, INC. Its: President SHOW PRODUCER: Paul Souza PS V 1-2e City of Baldwin Park By: Its: Print Name Pyro Spectaculars, Inc. City of Baldwin Park P.O. Box 2329 Program A Rialto, CA 92377 July 4, 2019 Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO") and City of Baldwin Park ("CLIENT") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production on July 4, 2019, at approximately 9:00 PM at Sierra Vista High School Field, behind bleachers 3600 Frazier Street Baldwin Park CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Requirements Limits Commercial General Liability $1,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence Owned. Non -Owned and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Employer Liability $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: • All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT. • Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the Production. • Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. PS v I -2e Attachment 2 Pyrotechnic Proposal Product Synopsis • Pyrotechnic Proposal City of Baldwin Park PROGRAM A -July 4, 2019 $201?000.0'0 Main Body - Aerial Shells Total of Pyrotechnic Devices 4,060 Low -Level Pyrotechnic Devices Description Quantity ♦ .5" Red, White, Blue Roman Candle Batten 450 Shots Total of Low -Level Pyrotechnic Devices 450 Grand Finale Description Quantity ♦ 2" Sky Concert Bombardment Shells 200 2.5" Sky Concert Bombardment Shells 90 i 3" Sky Concert Bombardment Shells . 50 Total of Grand Finale 340 Grand Total ' 5,250 Description Quantity ♦ 3" Sky Concert Selections 400 Shots Total of Main Body - Aerial Shells 400 Pyrotechnic Devices Description Quantity ♦ Sousa Gold Line Custom Multishot Device 600 Shots ♦ Sousa Diamond Line Custom Multishot Device 1800 Shots ♦ Sousa Emerald Line Custom Multishot Device 360 Shots f Sousa Ruby Line Custom Multishot Device 1000 Shots ♦ Sousa Pearl Line Custom Multishot Device 300 Shots Total of Pyrotechnic Devices 4,060 Low -Level Pyrotechnic Devices Description Quantity ♦ .5" Red, White, Blue Roman Candle Batten 450 Shots Total of Low -Level Pyrotechnic Devices 450 Grand Finale Description Quantity ♦ 2" Sky Concert Bombardment Shells 200 2.5" Sky Concert Bombardment Shells 90 i 3" Sky Concert Bombardment Shells . 50 Total of Grand Finale 340 Grand Total ' 5,250 Sierra Vista High School 4th of July Fireworks Proposal We are very proud to present our proposal for the most exciting fireworks celebration ever in Baldwin Park. Our intention is to show you how we can meet and exceed your criteria, just as we have for over 10 prior years, and at the same time imagine a creative and dazzling new display with our newest and most exciting giant shells, tumbling happy faces, sparkling leaves, giant waterfalls, golden crowns, sunrise panoramas and so many more of the most creative and state of the art fireworks. Today, as you review this proposal, we would be thrilled for you to agree that the City of Baldwin Park has been looking for this exact show and report to the City Council that this exciting new show hits all the marks as the best value decision. "10, 9, 8... When the countdown starts, you can relax because we have it. Here's why: The Big Question: Is Cheaper Better? Of course not. We know that these days other proposals from smaller and less experienced vendors may sound cheaper. You will wonder if you should go with cheaper. Thousands of professional decision makers, from the pro sports teams, to the biggest entertainment companies in the world, to local Kiwanis Clubs, all know that Pyro Spectaculars is the better choice. As you process your review, see how it makes sense to choose Pyro Spectaculars for your celebration. Simply, the City of Baldwin Park can count on the best quality, best looking, safest, most creative, most reliable, and most professional service and products from start to finish. "7, 6, 5,... Risks and Qualifications! Why risk that corners will be cut? Why gamble that the vendor is qualified or has a good safety record? You can see from Pyro Spectaculars' decades of success that we have only the highest standards. In fact, Pyro continues to set the standards for the industry, the best insurance, and the highest professional standards that others can only try to live up to. Our huge team of more than 40 fulltime professionals and staff give you the confidence that your decision is the right one. Our participation in National Fire Protection Association code development, our award winning leadership in the American Pyrotechnic Association, right down to our annual training of hundreds of the very fire authorities that inspect and permit fireworks displays in California exemplifies, we raise the quality, responsibility, and duty bars so high that we simply will not be surpassed. Does that cost a little more? Yes, and it's worth it. There's more: '4, 3, 2... But what about the numbers? We also know that other vendors chatter about a selling you more fireworks, and they try to make you think you should buy their shell counts. But what are those fireworks? What makes their fireworks cheaper? Pyro Spectaculars' fireworks cost more, that's a fact we are proud to lead with. Our standards come from a calculated value decision to give you and all our clients the best that we can create. Because of our high volume and purchasing power, our ability to acquire vast varieties of products and safely store and handle massive quantities, we are constantly pitched by those cheap fireworks manufacturers. We don't buy cheap; we by the best. "1, 0, Contract Pyro Spectaculars for your fireworks show!" Not all fireworks were created equal! Pyro Spectaculars' fireworks cost more because they are made by well-paid, skilled artisan builders, using pure chemicals, in clean and safe working conditions, under the supervision of managers trained in process safety and quality control. We test every batch of fireworks we receive for performance and safety and we don't use fireworks that fail. Those are values we are proud of and you can be too as you bring the citizens of Baldwin Park the best, safest, most creative and most Spectacular show possible for the money. Background Experience and References Pyro Spectaculars Inc has provided the City of Baldwin Park with their annual 4th of July Display for over 10 years. Pyro Spectaculars performs hundreds of 4th of July Displays throughout the State of California and the United States. A few of the cities Pyro has provided fireworks for Include: the City of los Angeles, the City of Torrance, the City of Pasadena, and the City of Cerritos. Pyro Spectaculars has been in business for 40 years. We offer turn -key, reliable, Customized and fireworks displays. Pyro Spectaculars is an industry leader in safety training and methodologies. We have delivered performances from high school graduation ceremonies to the Opening Ceremonies of the Olympic Games. Fairplex —1101 W McKinley Ave Pomona CA, 91768. Christy Enderle 909-865-4507 enderje fairrlexxorn City of Cerritos — PO BOX 3130 Cerritos CA, 90703, Sherre Titus 562-860-0311 ttit@t_Orrit4sE u's Rose Bowl Operating Company —1001 Rose Bowl Drive Pasadena, CA. Darryl Dunn 626 -577 -3100 -fir n roseboMls adium.com California Public Display license SUMMARY This report requests the City Council approve a Resolution electing to be exempt from the Congestion Management Program (CMP) in accordance with the CMP State statute. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution 2019-005 electing to be exempt from the Congestion Management Program (CMP) in accordance with the CMP State Statute. FISCAL IMPACT There is no cost associated with this action. There may be a positive effect in future years when the costs associated with monitoring and preparation of CMP compliance documents are no longer necessary. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed action is exempt from CEQA per section 15061 (b) (3), the General Rule. The General Rule can be applied when it can be seen with certainty that the activity will not have a significant effect on the environment. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (Metro) is required by state law to prepare an update, on a biennial basis, A Congestion Management Program (CMP) for the County of Los Angeles. The CMP process was established as part of a 1990 legislative package to implement Proposition 111, which increased the state gas tax from 9 to 18 cents per gallon. The intent of the CMP was to tie the appropriation of new gas tax revenues to congestion reduction efforts by improving land use/transportation coordination. While the CMP requirement was one of the pioneering efforts to conduct performance-based planning, the approach has become antiquated and expensive. CMP primarily uses a level of service (LOS) performance metric which is a measurement of vehicle delay that is inconsistent with new state -designated performance measures, such as vehicle miles traveled (VMT), enacted by SB 743 for California Environmental Quality Act (CEQA) transportation analysis. For Metro and, cities alike, the continued administration of the CMP is an impediment to improving Metro's envisioned transportation system. An agency cannot opt out of the CMP requirement alone. California Government Code §65088.3 provides for jurisdictions within a county to opt out of the CMP requirement without penalty, if a majority of local jurisdictions representing a majority of the county's population formally adopt resolutions requesting to opt out of the program. A majority consensus of 45 jurisdictions representing approximately 5.1 million people in the County of Los Angeles is required to opt out formally. DISCUSSION Metro has recognized that the CMP approach is out of date. As such, on June 28, 2018, the Metro Board approved a recommendation to initiate the process to opt out of the CMP. Opting out of the CMP provides the following benefits: • Eliminates the risk of losing state gas tax funds or being ineligible to receive state and Federal Transportation Improvement Program funds, as a result of not being in compliance with CMP requirements or performance standards. • Eliminates the administrative and fiscal burden for monitoring and preparation of reporting documents to demonstrate compliance with the CMP. • Eliminates the need to use LOS to evaluate CMP locations in CEQA documents Upon receipt of formally adopted resolutions from a majority of local jurisdictions representing a majority of the population, Metro will notify the State Controller, Caltrans, and SCAG that the Los Angeles County has opted out of the CMP in accordance with the statutory requirements. LEGAL REVIEW None Required. ATTACHMENTS #1 Draft City Council Resolution 2019-005 ATTACHMENT #1 Draft City Council Resolution 2019-005 RESOLUTION NO. 2019-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM WHERERAS, in 1990 the voters of California passed Proposition 111 and the requirement that urbanized counties develop and implement a Congestion Management Program; and WHEREAS, the legislature and governor established the specific requirements of the Congestion Management Program by passage of legislation which was a companion to Proposition 111 and is encoded in California Government Code Section 65088 to 65089.10; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) has been designated as the Congestion Management Agency responsible for Los Angeles County's Congestion Management Program; WHEREAS, California Government counties to be exempt from the Congestion passed by local jurisdictions representing majority of the county's population; and Code Section 65089.3 allows urbanized Management Program based on resolutions a majority of a county's jurisdiction with a WHEREAS, the Congestion Management Program is outdated and increasingly out of step with current regional, State, and federal planning processes and requirements, including new State requirements for transportation performance measures related to greenhouse gas reduction; and WHEREAS, on June 28, 2018 the Metro Board of Directors took action to direct Metro staff to work with local jurisdictions to exempt Los Angeles County from the Congestion Management Program and prepare the necessary resolutions to exempt the County from the Congestion Management Program. NOW, THEREFORE, BE IT RESOLVED BY THE City of Baldwin Park, California as follows: 1. That the above recitations are true and correct. 2. That the City of Baldwin Park, located in the County of Los Angeles, hereby elects to be exempt from the Congestion Management Program as described in California Government Code Section 65088 to 65089.10. PASSED AND APPROVED ON THE 20th day of March, 2019 MANUEL LOZANO, MAYOR ATTEST: JEAN M. AYALA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, Jean M. Ayala, City Clerk, hereby certify that Resolution 2019-005 was adopted by the City Council of Baldwin Park at its regular meeting of March 20th, 2019 by the following vote: Signatures on the following page AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: JEAN M. AYALA, CITY CLERK STAFF REPORT ITEM NO. l TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Community Development Director Shannon Yauchzee, Chief Executive Officer DATE: March 20, 2019 SUBJECT: Introduction of Ordinance No. 1439, Establishing Baldwin Park Community Choice Aggregation Program and Other Related Actions SUMMARY This report seeks City Council consideration and direction regarding establishing a Baldwin Park Community Choice Aggregation Program. RECOMMENDATION Staff recommends that Council: 1.) Introduce Ordinance No. 1439 Entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE"; and 2.) Approve and direct staff to post the Community Choice Aggregation Bond in the amount of $100,000 with the California Public Utilities Commission; and 3.) Authorize and direct staff to enter into a CCA Service Agreement with Southern California Edison; and 4.) Approve agreement with California Choice Energy Authority for CCA Implementation Services in the amount of $160,000; and 5.) Approve a loan from the General Fund for the startup expenses related to the Baldwin Park Community Choice Aggregation program, and direct_ staff to prepare a promissory note for repayment over seven years fixed rate of 3%. FISCAL IMPACT This action approves a deposit with the California Public Utilities Commission ("CPUC') in the amount of $100,000 and authorizes an agreement with California Choice Energy Authority ("CalChoice") in the amount of $160,000. The startup costs of the program will be funded with a promissory note from the General Fund. The total cost of the program and the ongoing cost will be shared by the General Fund and other special revenue funds, however, these funds will be paid back after the first few years of operations. In addition, the City General Fund will be reimbursed $185,000 for administration and overhead in the first year and possibly more in later years. Also, the City will receive a 1 % increase in utility bill resulting in a savings of approximately $10,000 per year. BACKGROUND The City Council has taken several steps over the past year as part of its research into establishing a community choice aggregation ("CCA") program in the City of Baldwin Park. These steps have included: • Engaging CalChoice to perform a technical study to determine the feasibility of operating a CCA in the City of Baldwin Park. • Adopting a resolution approving the Baldwin Park CCA Implementation Plan and Statement of Intent. • Authorizing submittal of the Baldwin Park CCA Implementation Plan and Statement of Intent to be filed with the CPUC for certification. The technical study was completed in September 2018 utilizing current customer electricity usage information from Southern California Edison current power market conditions. The study concluded that Baldwin Park can establish a CCA program that meets the goals of: • Local control of energy procurement and rate setting. • Revenue streams that can support climate action plan goals and energy efficiency programs that meet the priorities as established by City Council. • Sufficient revenues to cover costs and establish reserves. • Rate savings to its residents and businesses. California Choice Energy Authority is Joint Powers Authority of agencies operating CCA programs in California. CalChoice is unique in that each CCA maintains autonomy in rate setting, program branding, renewable energy content policies and revenue control. It provides the opportunity for CCA programs to share administrative, regulatory and procurement activities to minimize costs and maximize efficiencies. Current Associate Members include Lancaster (Lancaster Choice Energy), San Jacinto (San Jacinto Power), Pico Rivera (Pico Rivera Innovative Municipal Energy), Rancho Mirage (Rancho Mirage Energy Authority) and Apple Valley (Apple Valley Choice Energy). Other cities contemplating establishing a CCA and joining CalChoice include Commerce, Hanford, Palmdale, Pomona and Santa Paula. Services provided by CalChoice are outsourced to technical experts that have experience and expertise in CCA operations. In addition to the financial benefits, the CalChoice structure results in Baldwin Park City Council having full control of rate setting, budget approval, policy setting and program direction. This keeps the local control aspect of the CCA local. The November 2018 Baldwin Park CCA pro forma has been updated with current rate assumptions and energy market conditions. The updated results are shown below: The deficit shown in Fiscal Year 2020 is a result of the start-up costs being incurred during the year with only one month of operational revenue being generated. Current market conditions have decreased the operating margin, however, the program continues to be viable, with sufficient revenues to cover expenses, establish reserves, and provide a 1 % rate savings to customers. Residents and businesses are estimated to save $2MM over the 10 -year period. Over the first 10 years of operation, it is projected the Baldwin Park CCA will accumulate $5MM in reserves and a $1 MM net surplus. It is estimated that initial non -discretionary start-up costs of $650,000 are required: Non -Discretionary Start -Up Costs Resource Adequacy $300,000 Incurred January 2020 — June 2020 Technical Consultants $160,000 Incurred April 2019 — January 2020 CCA Bond & CAISO Fee $150,000 March 2019 -$100,000 to CPUC; July 2019 $47,000 Required noticing $ 40,000 Incurred March 2020 — June 2020 In addition, it is estimated that discretionary start-up costs that include staff time, additional marketing and other administrative expenses could be incurred up to $185,000, and an initial bank security deposit is estimated between $250,000 - $500,000. The bank security deposit will provide the energy supply credit pledge and result in general fund protections from future creditor claims, the funds remain the City of Baldwin Park funds. Ordinance Establishina a Community Choice Aggregation Program Assembly Bill 117 provides the authorization for a city or county to pool its electricity load and supply that power to its community. One of the required steps for establishing a CCA program is to adopt an ordinance establishing a community choice aggregation program. The proposed Ordinance meets the requirements as established in CPUC Docket No. R.03-10-003. Community Choice Aaaregation Bond CPUC Resolution E-4907, approved by the CPUC in February 2018, requires a prospective CCA program complete a registration process by the end of March of the year preceding launch. This process includes posting a bond, or payment, currently set at an interim amount of $100,000. The bond amount is a subject of a proceeding at the CPUC and is expected to increase to $147,000. When a final decision is made by the CPUC, anticipated in the summer of 2019, the balance of $47,000 will become due. The purpose of the bond is to provide funds to cover costs Southern California Edison ("SCE") would incur should the Baldwin Park CCA cease to operate and all the customers be returned to SCE bundled service. Southern California Edison Service Agreement SCE provides services to operating CCAs in their territory, such as meter reading, billing and collection services. The terms and conditions of the provision of these services are established in the Southern California Edison Service Agreement ("Agreement"). The Agreement is a form that has been approved for use by the CPUC and CCAs do not have flexibility in changing the terms. The executed SCE Service Agreement is provided to the CPUC as part of the CCA registration process. California Choice Energy Authority Phase 2 Implementation Support Agreement California Choice Energy Authority ("CalChoice") has successfully implemented four CCA programs, Lancaster, Pico Rivera, Rancho Mirage, and San Jacinto. The CalChoice team has more experience working with SCE to launch CCA programs than any other team in the state. Working with CalChoice will ensure Baldwin Park meets all regulatory and operational requirements to be ready to serve customers in June 2020. Next Steps At the April 17, 2019 City Council meeting, staff will bring the Ordinance for second reading and adoption. The City Council will also consider adoption of a resolution to join California Choice Energy Authority as an Associate Member for the purpose of receiving CCA energy procurement and operational services, and the related documents to establish the working relationship between CalChoice and Baldwin Park. While these steps are positive steps working towards the launch of a CCA program in June 2020, Baldwin park continues to have off ramps should conditions change that result in the operation of a CCA no longer being feasible. ALTERNATIVES The alternative is not approve the staff recommendations resulting in the City not being able to consider launching a CCA in 2020. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance No.1439 Establishing a Baldwin Park Community Choice Aggregation Program 2. Baldwin Park Implementation Plan and Statement of Intent Certification Letter 3. Southern California Edison Service Agreement 4. California Choice Energy Authority Phase 2 Implementation Support Agreement Attachment 1 Ordinance No. 1439 ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE WHEREAS, the City of Baldwin Park ("City") is a general law city and a political subdivision of the State of California; and WHEREAS, the City is pursuing alternative energy solutions in hopes of bettering the current and future environmental and economic conditions of its community and region; and WHEREAS, the City has been actively investigating options to procure and provide electric power to its citizens with the intent of achieving greater local involvement over the provision of electric services and promoting competitively priced renewable energy; and WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 which consists of amendments to and additions of Sections 218.3, 331.1, 366, 366.2, 381.1, 394 and 394.25 of the California Public Utilities Code (the "Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community -wide electricity aggregation program known as Community Choice Aggregation ("CCA"); and WHEREAS, through Docket No. R.03-10-003, the California Public Utilities Commission ("Commission") has issued various decisions and rulings addressing the implementation of Community Choice Aggregation programs, including the issuance of a procedure by which the Commission will review Implementation Plans, which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act; and WHEREAS, an initial technical study concluded that a CCA Program would serve the City and provide benefits to include the use of renewable energy at or above the required Renewable Portfolio Standard level while providing economic benefits to the City; and WHEREAS, the Baldwin Park CCA Implementation Plan was considered and approved by the Baldwin Park City Council at its regular meeting of November 14, 2018; and WHEREAS, the Baldwin Park CCA Implementation Plan was subsequently filed with the Commission for review and certification; and WHEREAS, as described in the Implementation Plan, Community Choice Aggregation by and through the City appears to provide a reasonable opportunity to accomplish all of the following: (a) provide greater levels of local involvement in and collaboration on energy decisions; (b) increase the amount of locally supplied renewable energy available to the City's citizens; and (c) provide initial price stability, long-term electricity cost savings and other benefits for the community; and WHEREAS, the City Council has determined that it is in the public interest and welfare to establish a CCA Program; and WHEREAS, the Act requires Community Choice Aggregation program participants to adopt an ordinance electing to implement a Community Choice Aggregation program within the jurisdiction of the local government agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS That the recitals set forth above are true and correct and are incorporated as though fully set forth herein. Section 2. APPROVAL OF COMMUNITY CHOICE AGGREGATION PROGRAM That the City Council hereby approve and direct that the City proceed with the implementation of the Baldwin Park CCA program within the City's jurisdiction, as described in the Implementation Plan. Section 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 5. CERTIFICATION First read at a regular meeting of the City Council of the City of Baldwin Park held on the day of , 2019, and adopted and ordered published at a regular meeting of said Council on the _ day of , 2019. PASSED, APPROVED, AND ADOPTED this day of , 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on . Thereafter, said Ordinance No. 1439 was duly approved and adopted at a regular meeting of the City Council on by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 BP Implementation Plan STATE OF CALIFORNIA Gavin Newsom, Governor PUBLIC UTILITIES COMMISSION SOS VAN NESS AVENUE SAN FRANCISCO, CA 94101.3298 February 28, 2019 Shannon Yauchzee City Manager 14403 E. Pacific Ave Baldwin Park, CA 91706 RE: Letter Certifying City of Baldwin Park's Community Choice Aggregator Implementation Plan and Statement of Intent Dear Ms. Yauchzee: The California Public Utilities Commission's Energy Division has reviewed the City of Baldwin Park's Implementation Plan and Statement of Intent, which was submitted to us on November 30, 2018, to begin service in the City of Baldwin Park effective May 2020. Pursuant to Public Utilities Code Section 366.2 (c)(7), within 90 days after the Community Choice Aggregator (CCA) establishing load aggregation files an Implementation Plan, the Commission is required to certify that it has received the Implementation Plan, including any additional information necessary to determine a cost -recovery mechanism. Public Utilities Code Section 366.2 (c)(3) requires a CCA Implementation Plan to contain all of the following: A) An organizational structure of the program, its operations, and its funding. B) Rate setting and other costs to participants. C) Provisions for disclosure and due process in setting rates and allocating costs among participants. D) The methods for entering and terminating agreements with other entities. E) The rights and responsibilities of program participants, including, but not limited to, consumer protection procedures, credit issues, and shutoff procedures. F) Details regarding the termination of the program. G) A description of the third parties that will be supplying electricity under the program, including, but not limited to, information about financial, technical and operational capabilities. Pursuant to Public Utilities Code Section 366.2 (c)(4), a CCA is also to prepare and provide for all of the following: A) A statement of intent; and B) Provision(s) that provide for: 1) Universal access, 2) Reliability; 3) Equitable treatment of all classes of customers; and 4) Compliance with any legal requirements concerning aggregated service. The Commission hereby certifies that the Implementation Plan and Statement of Intent submitted by the City of Baldwin Park contain the information required by Public Utilities Code Section 366.2 (c). Should there be any modification to the Implementation Plan, including but not limited to the start date, anticipated load and phase-in schedule, the City of Baldwin Park shall submit an updated Implementation Plan to the Commission in the same manner it submitted the original plan, including the appropriate service lists. Pursuant to P.U. Code Section 366.2 (c)(7), the Commission is required to provide the City of Baldwin Park with `"its findings regarding any cost recovery that must be paid by customers of the community choice aggregator to prevent a shifting of costs as provided for in P.U. Code Section 366.2 subdivisions (d), (e) and (f)." The costs referenced in P.U. Code Section 3663 subdivisions (d), (e) and (f) are recovered via separate charges for: (1) Power Charge Indifference Adjustment (per kWh); (2) DWR Bond Charge (per kWh); and (3) Competition Transition Charge (CTC) (per kWh). By this letter, the Commission informs the City of Baldwin Park that these costs are identified on each of Southern California Edison' -s customer -class - specific tariff sheets, in the "Special Conditions" section, sub -section "Billing, in the section labeled "Direct Access (DA) and Community Choice Aggregation (CCA) customers" and in the column labeled "Community Choice Aggregation Cost Responsibility Surcharge (CCA CRS)" Sincerely, Fn 0. Edward Randolph Director, Energy Division California Public Utilities Commission cc Gary A. Stern, Ph.D., SCE(AdviceTariffManager!"'}a.SCE.com and USPS) Mitchell Shapson ( itchell Shapson .cpuc.ca.�ov,) Ehren Seybert (Ehren.Seybert az,c12uc.ca.gov) Barbara Boswell (Barbaraa BayshoreCGl.cam) Attachment 3 Southern California Edison Agreement IWVJ SOU IHLNN CAL11OHNIA EDISON .11. lLMNA'/'It)NAL C'uinpnny Southern California Edison Revised Cal. PUC Sheet No. 47507-E Rosemead; California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 43907-E (To be inserted by utility) Advice 2500-E Decision 1c12 COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT Form 14-768 Issued by Akbar Jazaveri Vice President Sheet 1 (To be inserted by Cal. PUC) Date Filed Aug 12, 2010 Effective Sep 11, 2010 Resolution SOUTHERN CALIFORNIA EDISON An FDIS04V MrFRNATIONALA Company Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT This Community Choice Aggregator (CCA) Service Agreement (this "Agreement") is made and entered into as of this day of by and between 1/ " ("CCA"), a organized and existing under the laws of the state of , and Southern California Edison Company (SCE), a corporation organized and existing under the laws of the state of California. From time to time, CCA and SCE shall be individually referred to herein as a "Party" and collectively as the "Parties." Section 1: General Description of Agreement 1.1 This Agreement is a legally binding contract. The Parties named in this Agreement are bound by the terms set forth herein and otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which CCA shall offer electrical energy services. Each Party, by agreeing to undertake specific activities and responsibilities for or on behalf of customers, acknowledges that each Party shall relieve and discharge the other Party of the responsibility for said activities and responsibilities with respect to those customers. Except where explicitly defined herein (including Attachment A hereto) the definitions controlling this Agreement are contained in SCE's applicable rules or in the relevant community choice aggregation tariff. 1.2 The form of this Agreement has been developed as part of the CPUC regulatory process to implement Assembly Bill 117, was intended to conform to CPUC directions, was filed and approved by the CPUC for use between SCE and CCAs and may not be waived, altered, amended or modified, except as provided herein or in the applicable community choice aggregation tariff, or as may otherwise be authorized by the CPUC. 1.3 This Agreement incorporates by reference the applicable community choice aggregation tariff as authorized and modified from time to time by the CPUC. Section 2: Representations 2.1 Each Party represents that it is and shall remain in compliance with all applicable laws and tariffs, including applicable CPUC requirements. Form No. 14-768 1-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT 2.2 Each person executing this Agreement for the respective Parties expressly represents and warrants that he or she has authority to bind the entity on whose behalf this Agreement is executed. 2.3 Each Party represents that (a) it has the full power and authority to execute and deliver this Agreement and to perform its terms and conditions; (b) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate or other action by such Party; and (c) this agreement constitutes such Party's legal, valid and binding obligation, enforceable against such Party in accordance with its terms. 2.4 Each Party shall (a) exercise all reasonable care, diligence and good faith in the performance of its duties pursuant to this Agreement; and (b) carry out its duties in accordance with applicable recognized professional standards in accordance with the requirements of this Agreement. Section 3: Term of Service The term of this Agreement shall commence on the date of execution by both Parties hereto (the "Effective Date") and shall terminate on the earlier of (a) the date CCA informs SCE that it is no longer operating as a CCA in SCE's service territory; (b) the earlier termination pursuant to Section 4 hereof; or (c) the effective date of a new CCA Service Agreement between the Parties hereto. Notwithstanding the Effective Date of this Agreement, the CCA acknowledges that it may only offer Community Choice Aggregation Services to customers effective on or after the CPUC -approved date for commencement of such services by CCAs, and only after it has complied with all provisions of this Agreement and SCE's applicable tariffs. Section 4: Events of Default and Remedy for Default 4.1 An Event of Default under this Agreement shall include either Party's material breach of any provision of this Agreement, including those incorporated by reference herein, and failure to cure such breach within thirty (30) calendar days after receipt of written notice thereof from the non -defaulting Party; or such other period as may be provided by this Agreement or SCE's applicable community choice aggregation tariff. 4.2 In the event of such an Event of Default, the non -defaulting Party shall be entitled to exercise any and all remedies (a) available under SCE's applicable community choice aggregation tariff, and/or (b) provided for by law or in equity to the extent not inconsistent with SCE's community choice aggregation tariff. In addition, in the event of an Event of Default this Agreement may be effectively terminated upon Commission authorization. Form No. 14-768 2-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT 4.3 Breach by any Party hereto of any provision of SCE's community choice aggregation tariff, including a breach occurring during Exigent Circumstances as defined in Section T.3 of such tariff, which circumstances also shall include bankruptcy of CCA, shall be governed by applicable provisions contained therein and each Party will retain all rights granted thereunder. A breach of said tariff for which no remedy is specified therein shall be governed by this Agreement as an Event of Default. Section 6: Billing and Payment SCE will bill and the CCA agrees to pay SCE for all services and products provided by SCE in accordance with the terms and conditions set forth in SCE's community choice aggregation tariff, as stated in SCE's Electric Rule 23 and SCE's rate schedules. Any services provided by the CCA to SCE shall be by separate agreement between the Parties and are not a subject of this Agreement. Section 6: Limitation of Liability Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorneys' fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred, except as provided for in this Section. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever, whether in contract, tort or strict liability, except in the event of an action covered by the Indemnification provisions of Section 7 of this Agreement or by the indemnification provisions in any Nondisclosure Agreement relating to the disclosure of confidential information to the CCA, in which event this Section 6 shall not be applicable. Section 7: Indemnification 7.1 To the fullest extent permitted by law, and subject to the limitations set forth in Section 6 of this Agreement, each Party (the "Indemnifying Party") shall indemnify and hold harmless the other Party, and its current and future direct and indirect parent companies, affiliates and their shareholders, officers, directors, employees, agents, servants and assigns (collectively, the "Indemnified Party"), and at the Indemnified Party's option, the Indemnifying Party shall defend the Indemnified Party, from and against any and all claims and/or liabilities for losses, expenses, damage to property, injury to or death of any person, including, but not limited to, the Indemnified Party's employees and its affiliates' employees, subcontractors and subcontractors' employees, or any other liability incurred by the Indemnified Party, including reasonable expenses, legal and otherwise, which shall include Form No. 14-768 3-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT reasonable attorneys' fees, caused wholly or in part by any negligent, grossly negligent or willful act or omission by the Indemnifying Party, its officers, directors, employees, agents or assigns arising out of this Agreement, except to the extent caused wholly or in part by any negligent, grossly negligent or willful act or omission of the Indemnified Party. 7.2 If any claim covered by Section 7.1 is brought against the Indemnified Party, then the Indemnifying Party shall be entitled to participate in, and unless in the opinion of counsel for the Indemnified Party a conflict of interest between the Parties may exist with respect to such claim, assume the defense of such claim, with counsel reasonably acceptable to the Indemnified Party. If the Indemnifying Party does not assume the defense of the Indemnified Party, or if a conflict precludes the Indemnifying Party from assuming the defense, then the Indemnifying Party shall reimburse the Indemnified Party on a monthly basis for the Indemnified Partys defense through separate counsel of the Indemnified Party's choice. Even if the Indemnifying Party assumes the defense of the Indemnified Party with acceptable counsel, the Indemnified Party, at its sole option, may participate in the defense, at its own expense, with counsel of its own choice without relieving the Indemnifying Party of any of its obligations hereunder. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever, whether in contract, tort or strict liability. 7.3 The Indemnifying Party's obligation to indemnify under this Section 7 shall survive termination of this Agreement, and shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Indemnifying Party under any statutory scheme, including, without limitation, under any Workers Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Section 8: Assignment and Delegation 8.1 Neither Party to this Agreement shall assign any of its rights or obligations under this Agreement, except with the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. No assignment of this Agreement shall relieve the assigning Party of any of its obligations under this Agreement until such obligations have been assumed by the assignee. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee and the assignor shall be relieved of its rights and obligations. Any assignment in violation of this Section 8 shall be void. 8.2 Notwithstanding the provisions of this Section 8, either Party may subcontract its duties under this Agreement to a subcontractor, provided that the subcontracting Party shall remain fully responsible as a principal and not as a guarantor for performance of any subcontracted duties, shall serve as the point of contact between its subcontractor and the other Party, and shall Form No. 14-768 4-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT provide the other Party with thirty (30) calendar days' prior written notice of any such subcontracting, which notice shall include such information about the subcontractor as the other Party shall reasonably require. If either Party subcontracts any of its duties hereunder, it shall cause its subcontractors to perform in a manner which is in conformity with that Party's obligations under this Agreement. Section 9: Independent Contractors Each Party shall perform its obligations under this Agreement (including any obligations performed by a Partys designees as permitted under Section 8 of this Agreement) as an independent contractor. Section 10: Entire Agreement This Agreement consists of, in its entirety, this Community Choice Aggregator Service Agreement and all attachments hereto, all Community Choice Aggregation Service Requests submitted pursuant to this Agreement and SCE's community choice aggregation tariffs. This Agreement supersedes all other agreements or understandings, written or oral, between the Parties related to the subject matter hereof, with the express exception of any Nondisclosure Agreement relating to the disclosure of confidential information to the CCA. This Agreement may be modified from time to time only by an instrument in writing, signed by both Parties. Section 11: Nondisclosure 11.1 Notwithstanding anything provided below, prior to receiving any SCE confidential customer information, CCA agrees to enter into the CCA Non - Disclosure Agreement and be bound by its terms with respect to Confidential Information as defined therein. Neither Party may disclose any Confidential Information obtained pursuant to this Agreement to any third party, including affiliates of such Party, without the express prior written consent of the other Party. As used herein, the term "Confidential Information" shall include, but not be limited to, all business, financial, and commercial information pertaining to the Parties, customers of either or both Parties, suppliers for either Party, personnel of either Party, any trade secrets, and other information of a similar nature, whether written or in intangible form that is marked proprietary or confidential with the appropriate owner's name. Confidential Information shall not include information known to either Party prior to obtaining the same from the other Party, information in the public domain, or information obtained by a Party from a third party who did not, directly or indirectly, receive the same from the other Party to this Agreement or from a party who was under an obligation of confidentiality to the other Party to this Agreement or information developed by either Party independent of any Form No. 14-768 5-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT Confidential Information. The receiving Party shall use the higher of the standard of care that the receiving Party uses to preserve its own confidential information or a reasonable standard of care to prevent unauthorized use or disclosure of such Confidential Information. Each receiving Party shall, upon termination of this Agreement or at any time upon the request of the disclosing Party, promptly return or destroy all Confidential Information of the disclosing Party then in its possession. 11.2 Notwithstanding the preceding, Confidential Information may be disclosed to any governmental, judicial or regulatory authority requiring such Confidential Information pursuant to any applicable law, regulation, ruling, or order, provided that: (a) such Confidential Information is submitted under any applicable provision, if any, for confidential treatment by such governmental, judicial or regulatory authority; and (b) prior to such disclosure, the other Party is given prompt notice of the disclosure requirement so that it may take whatever action it deems appropriate, including intervention in any proceeding and the seeking of any injunction to prohibit such disclosure. Section 12: Enforceability If any provision of this Agreement or the application thereof, is to any extent held invalid or unenforceable, the remainder of this Agreement and the application thereof, other than those provisions which have been held invalid or unenforceable, shall not be affected and shall continue in full force and effect and shall be enforceable to the fullest extent permitted by law or in equity. Section 13: Notices 13.1 Except as otherwise provided in this Agreement, any notices under this Agreement shall be in writing and shall be effective upon delivery if delivered by (a) hand; (b) U.S. Mail, first class postage pre -paid, or (c) facsimile, with confirmation of receipt to the Parties as follows: If the notice is to CCA: Name of Entity: Contact Name: Business Address: Facsimile: Form No. 14-768 6-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT If the notice is to SCE: Contact Name: Business Address: Facsimile: 13.2 Each Party shall be entitled to specify as its proper address any other address in the United States upon written notice to the other Party. 13.3 Each Party shall designate on Attachment A the person(s) to be contacted with respect to specific operational matters relating to Community Choice Aggregation Service. Each Party shall be entitled to specify any change to such person(s) upon written notice to the other Party. Section 14: Time of Essence The Parties expressly agree that time is of the essence for all portions of this Agreement. Section 15: Dispute Resolution 15.1 The form of this Agreement has been filed with and approved by the CPUC as part of SCE's applicable tariffs. Except as provided in Section 15.2 and 15.3, any dispute arising between the Parties relating to interpretation of the provisions of this Agreement or to the performance of SCE's obligations hereunder shall be reduced to writing and referred to the Parties' representatives identified on Attachment A for resolution, with the responding Party filing its written response within thirty (30) business days after receiving the written position of the complaining party. Thereafter, the Parties shall be required to meet and confer within ten (10) business days in a good faith effort to resolve their dispute. Pending such resolution, the Parties shall continue to proceed diligently with the performance of their respective obligations under this Agreement, unless this Agreement has been terminated under Section 4.2. If the Parties fail to reach an agreement within ten (10) additional business days of the last session to meet and confer, the matter shall, upon demand of either Party, be submitted to resolution before the CPUC in accordance with the CPUC's rules, regulations and procedures applicable to resolution of such disputes. 15.2 Except as provided in Rule 23 Section T.3, any dispute arising between the Parties relating to interpretation of the provisions of this Agreement or to the performance of the CCA's obligations hereunder shall be reduced to writing and referred to the Parties' representatives identified on Attachment A for resolution, Form No. 14-768 7-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT with the responding Party filing its written response within thirty (30) business days after receiving the written position of the complaining party. Thereafter, the Parties shall be required to meet and confer within ten (10) business days in a good faith effort to resolve their dispute. Pending resolution, the Parties shall continue to proceed diligently with the performance of their respective obligations under this Agreement, unless this Agreement has been terminated under Section 4.2. If the Parties fail to reach an agreement within ten (10) additional business days of the last session to meet and confer, the matter shall, upon demand of either Party, be submitted to resolution before the CPUC in accordance with the CPLIC's rules, regulations and procedures applicable to resolution of such disputes, as allowed by law or in equity, or the parties may mutually agree to pursue mediation or binding arbitration to resolve such issues. 15.3 Notwithstanding the provisions of Paragraph 15.1 and 15.2 above: (a) all disputes between the Parties relating to the payment by the CCA of any SCE fees or charges shall be subject to the provisions of SCE's applicable tariffs governing disputes over customer bills; (b) all disputes between the Parties regarding non -bypassable charges (including Competition Transition Charges, Cost Responsibility Surcharges, and any other nonbypassable charges adopted by the Commission) payable by community choice aggregation customers or the CCA on behalf of such customers shall be subject to the provisions of SCE's applicable tariffs; and (c) SCE may pursue available remedies in law or equity for unauthorized electrical use by the CCA in a court of competent jurisdiction. 15.4 If the dispute involves a request for damages, parties understand that the Commission has no authority to award damages. To resolve such issues, the parties may mutually agree to pursue mediation or binding arbitration to resolve such issues, or if no such agreement is reached, to pursue other legal or equitable remedies that are available to the parties. Section 16: Applicable Law and Venue This Agreement shall be interpreted, governed by and construed in accordance with the laws of the State of California, and shall exclude any choice of law rules that direct the application of the laws of another jurisdiction, irrespective of the place of execution or of the order in which the signatures of the parties are affixed or of the place or places of performance. Except for matters and disputes with respect to which the CPUC is the initial proper venue for dispute resolution pursuant to applicable law or this Agreement, the federal and state courts located in Los Angeles, California shall constitute the sole proper venue for resolution of any matter or dispute hereunder, and the Parties submit to the exclusive jurisdiction of such courts with respect to such matters and disputes. Form No. 14-768 8-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT Section 17: Force Maieure Neither Party shall be liable for any delay or failure in the performance of any part of this Agreement (other than obligations to pay money) due to any event of force majeure or other cause beyond its reasonable control, including but not limited to, unusually severe weather, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, insurrection, riot, civil disturbance, strike, work stoppage caused by jurisdictional and similar disputes, restraint by court order or public authority, or action or non -action by or inability to obtain authorization or approval from any governmental authority, or any combination of these causes, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by the exercise of due diligence is unable to overcome. It is agreed that upon the Party so affected giving written notice and reasonably full particulars of such force majeure to the other Party within a reasonable time after the cause relied on, then the obligations of the Party, so far as they are affected by the event of force majeure, shall be suspended during the continuation of such inability and circumstance and shall, so far as possible, be remedied with all reasonable dispatch. In the event of force majeure, as described herein, both Parties shall take all reasonable steps to comply with this Agreement and SCE's applicable tariffs despite occurrence of a force majeure event. Section 18: Unauthorized Use of Eneray (Ener-gy Theft) 18.1 The CCA represents and warrants that for each of its Customers, and at all times during which it provides community choice aggregation services as an Community Choice Aggregator, the CCA shall completely, accurately, and in a timely manner account for each of its Customer's loads. Load data not accounted for in this manner may provide grounds for termination of this Agreement. For verification purposes only, SCE shall have complete access to the load data provided to the CAISO by the CCA. Such information is to (T) remain confidential, and shall not be disclosed to any unauthorized person other than the CPUC, the California Independent System Operator or other law enforcement or regulatory authority. 18.2 SCE shall notify the CCA immediately and the CCA shall notify SCE immediately of any suspected unauthorized energy use. The Parties agree to preserve any evidence of unauthorized energy use. Once unauthorized energy use is suspected, SCE, in its sole discretion, may take any or all of the actions permitted under SCE's applicable tariffs. Form No. 14-768 9-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT Section 19: Not a Joint Venture Unless specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever be construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation, or liability on or with regard to either Party. Each Party shall be liable individually and severally for its own obligations under this Agreement. Section 20: Conflicts Between this Agreement and SCE's Community Choice Aggregation Tariff Should a conflict exist or develop between the provisions of this Agreement and SCE's community choice aggregation tariff, as approved by the CPUC, the provisions of SCE's community choice aggregation tariff shall prevail. Section 21: Amendments or Modifications 21.1 Except as provided in Section 21.2, no amendment or modification shall be made to this Agreement, in whole or in part, except by an instrument in writing executed by authorized representatives of the Parties, and no amendment or modification shall be made by course of performance, course of dealing or usage of trade. 21.2 This Agreement may be subject to such changes or modifications as the CPUC may from time to time direct or necessitate in the exercise of its jurisdiction, and the Parties may amend the Agreement to conform to changes directed or necessitated by the CPUC. In the event the Parties are unable to agree on the required changes or modifications to this Agreement, their dispute shall be resolved in accordance with the provisions of Section 15 hereof or, in the alternative, CCA may elect to terminate this Agreement upon written notice to SCE, which shall be effective upon the receipt thereof. SCE retains the right to unilaterally file with the CPUC, pursuant to the CPUC's rules and regulations, an application for a change in SCE's rates, charges, classification, service or rules, or any agreement relating thereto. Form No. 14-768 10-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT Section 22: Audits 22.1 SCE shall retain such specific records as may be required to support the accuracy of meter data provided in SCE's consolidated billings. When the CCA reasonably believes that errors related to metering or billing activity may have occurred, the CCA may request the production of such documents as may be required to verify the accuracy of such metering and consolidated billing. Such documents shall be provided within ten (10) business days of such request. In the event the CCA, upon review of such documents, continues to believe that the SCE's duty to accurately meter and provide consolidated billing for usage has been breached, the CCA may direct that an audit be conducted. The CCA shall designate their own employee representative or their contracted representative to audit SCE's records. 22.2 Any such audit shall be undertaken by the CCA, or their contracted representative at reasonable times without interference with SCE's business operations, and in compliance with the SCE's security procedures. SCE and the CCA agree to cooperate fully with any such audit. 22.3 Specific records to support the accuracy of meter data provided in the consolidated billings may require examination of billing and metering support documentation maintained by subcontractors. SCE shall include a similar clause in its agreements with subcontractors reserving the right to designate their own employee representative, or their contracted representative to audit records related to consolidated billing to Community Choice Aggregation Customers. 22.4 The CCA will notify SCE in writing of any exception taken as a result of an audit. SCE shall refund the amount of any undisputed exception to the CCA within ten (10) days. If SCE fails to make such payment, SCE agrees to pay interest, accruing monthly, at a rate equal to the prime rate plus two percent (2%) of Bank of America NT&SA, San Francisco, or any successor institution, in effect from time to time, but not to exceed the maximum contract rate permitted by the applicable usury laws of the State of California. Interest will be computed from the date of written notification of exceptions to the date SCE reimburses the CCA for any exception. The cost of such audit shall be paid by the auditing Party; provided, however, that in the event an audit verifies overcharges of five percent (5%) or more, then SCE shall reimburse the CCA for the cost of the audit. Form No. 14-768 11-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT 22.5 This right to audit shall extend for a period of three (3) years following the date of final payment under this Agreement. Each party and each subcontractor shall retain all necessary records and documentation for the entire length of this audit period. Section 23: Miscellaneous 23.1 Unless otherwise stated in this Agreement: (a) any reference in this Agreement to a section, subsection, attachment or similar term refers to the provisions of this Agreement; (b) a reference to a section includes that section and all its subsections; and (c) the words "include," "includes," and "including" when used in this Agreement shall be deemed in each case to be followed by the words "without limitation." The Parties agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement 23.2 The provisions of this Agreement are for the benefit of the Parties and not for any other person or third party beneficiary. The provisions of this Agreement shall not impart rights enforceable by any person, firm or organization other than a Party or a successor or assignee of a Party to this Agreement. 23.3 The descriptive headings of the various sections of this Agreement have been inserted for convenience of reference only and shall in no way define, modify or restrict any of the terms and provisions thereof. 23.4 Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any other or subsequent default or matter and no waiver shall be considered effective unless in writing. 23.5 Each Party shall be responsible for paying its own attorneys' fees and other costs associated with this Agreement, except as provided in Sections 6 and 7 hereof. If a dispute exists hereunder, the prevailing Party, as determined by the CPUC, or as may otherwise be determined by the dispute resolution procedure contained in Section 15 hereof, if used, or by a court of law, shall be entitled to reasonable attorneys' fees and costs. 23.6 To the extent that the CPUC has a right under then -current law to audit either Party's compliance with this Agreement or other legal or regulatory requirements pertaining to Community Choice Aggregation transactions that Party shall cooperate with such audits. Nothing in this Section shall be construed as an admission by either Party with respect to the right of the CPUC to conduct such audits or the scope thereof. Form No. 14-768 12-13 Revised 8/2010 Southern California Edison Company COMMUNITY CHOICE AGGREGATOR (CCA) SERVICE AGREEMENT 23.7 Except as otherwise provided in this Agreement, all rights of termination, cancellation or other remedies in this Agreement are cumulative. Use of any remedy shall not preclude any other remedy in this Agreement. The Parties have executed this Agreement on the dates indicated below, to be effective upon the later date. By: Name: Title: Date: On Behalf of CCA On Behalf of SCE By: Name: Title: Date: Form No. 14-768 13-13 Revised 8/2010 ATTACHMENT A A. Definitions: Billing Services - The consolidated billing services described in SCE's community choice aggregation tariff which are provided by SCE. Community Choice Aggregation Customer - An end-use customer located within SCE's service territory who purchases Community Choice Aggregation Services through the CCA. Community Choice Aggregator (CCA) — An entity that provides electric supply services to Community Choice Aggregation customers within SCE's service territory. A CCA may also provide certain energy efficiency and conservation programs to its Community Choice Aggregation customers as provided for under SCE's tariffs. CCA Charges - Charges for Community Choice Aggregation Services provided by the CCA. SCE Charges - Charges (a) for services provided by SCE; or (b) which are energy-related and which are approved by the CPUC or the Federal Energy Regulatory Commission (including any nonbypassable charges such as Competition Transition Charges, Cost Responsibility Surcharges, and any other nonbypassable charges adopted by a regulatory body) or Fixed Transition Amount Charges owing to SCE or its affiliates, as those terms are defined under the California Public Utilities Code). Fixed Transition Amount Charges are also referred to as Trust Transfer Amount (TTA) Charges. B. Contact Persons (Section 13.3): Billing Services SCE Contact: CCA Contact: C. Parties' Representatives (Section 16.1): SCE Representative: Contact Name Business Address CCA Representative: Contact Name Business Address Form No. 14-768 14-13 Revised 8/2010 Attachment 4 Phase 2 Implementation Agreement AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into as of March 20, 2019, by and between the City of Baldwin Park, a California municipal corporation ("City"), and the California Choice Energy Authority, a public entity created pursuant to the Joint Exercise of Powers Act (Cal. Gov't. Code § 6500 et seq.) ("CalChoice") (City and CalChoice are individually referred to as "Party" and collectively "Parties"). RECITALS WHEREAS, City desires to be a Community Choice Aggregator ("CCA"), as defined in Section 331.1 of the California Public Utilities Code, to provide energy to its residents and businesses; and WHEREAS, City desires that CalChoice undertake certain implementation support services; and WHEREAS, CalChoice desires to facilitate access to the professional, technical and other knowledge and expertise of certain CalChoice members, their employees, contractors and/or consultants in connection with the formation of the City's CCA. NOW, THEREFORE, the Parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this Agreement by reference, as though set forth in full herein. 2. Description of Work. CalChoice shall perform or facilitate performance of the services ("Services") set forth in the "Scope of Services and Payment Schedule" attached hereto as Exhibit "A" and incorporated herein by this reference ("Scope of Services"). 3. Obligations of City. City shall pay to CalChoice an amount not to exceed $160,000 (One Hundred Sixty Thousand Dollars) for and in consideration of CalChoice's performance of the Services. City shall pay CalChoice within thirty (30) days of CalChoice submitting an invoice to City. 4. Obligations of CalChoice. CalChoice shall perform or facilitate performance of the Services. CalChoice's Board of Directors, or its designee, shall determine which CalChoice employee(s), contractors and/or consultants shall perform the Services. 5. Effective Date. This Agreement shall become effective and binding upon the Parties at such time as all of the signatories hereto have signed the original or a counterpart original of this Agreement ("Effective Date"). 6. Term; Termination. The term of this Agreement shall commence as of the Effective Date and expire upon completion of and final payment for the Services, or upon the earlier termination of this Agreement as set forth herein. Either Party may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other Party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, CalChoice shall be paid on a prorated basis for Services completed. 7. Indemnification. a. City agrees to indemnify, defend and hold harmless CalChoice, its board of directors, officers, employees, members, consultants and members' employees, contractors and/or consultants from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs of investigation and defense, settlement and awards, and attorney's fees, in connection therewith), based or asserted upon any alleged negligent or willful misconduct of City, its officers, employees, agents or representatives, arising out of or in any way relating to this Agreement. b. CalChoice agrees to indemnify, defend and hold harmless City from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs of investigation and defense, settlement and awards, and attorney's fees, in connection therewith), based or asserted upon any alleged negligent or willful misconduct of CalChoice arising out of or in any way relating to this Agreement or performance of the Services. 8. Force Maieure. Notwithstanding the provisions of this section, CalChoice shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove CalChoice's work promptly, or by reason of delay or faulty performance by City, its contractors, governmental agencies, or Southern California Edison, or by reason of any other delays beyond CalChoice's control, or for which CalChoice is without fault. 9. Ownership of Documents. All reports, studies and other documents that are prepared by CalChoice, its employees, contractors and/or consultants in the course of performing the Services required by this Agreement, and are specific to City's CCA, shall be the property of City upon City satisfying all payment obligations imposed but this Agreement. 10. Data Provided to CalChoice. City shall provide to CalChoice all data, including reports, records and other information, in City's possession, custody or control, which is reasonably requested by CalChoice and which is required to facilitate the timely performance of the Services. 11. Insurance Requirements. a. Prior to CalChoice's commencement of any Services, CalChoice, at CalChoice's own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies: i. General Liability Coverage. CalChoice shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in the aggregate, for bodily injury, personal injury and property damage. CalChoice shall provide insurance on an occurrence, not claims -made basis. ii. Automobile Liability Coverage. CalChoice shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the CalChoice arising out or of in connection with the Services, including coverage for owned, hired and non - owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and one million dollars (1,000,000) in the aggregate. b. As of the execution of this Agreement, City has reviewed the coverages secured by CalChoice from Special District Risk Management Authority and has determined such coverages to be satisfactory to City. CalChoice agrees to ensure that the most current certification of coverage is on file with the City at all times during the term of this Agreement. 12. Independent Contractor's Status of CalChoice. CalChoice shall at all times during the term of this Agreement remain, as to City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither City nor any of its agents shall have control over the conduct of CalChoice or any of CalChoice's employees or agents, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by City or CalChoice or by any third person to create the relationship of principal and agent and CalChoice 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. CalChoice shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall CalChoice have any authority, expressed or implied, to bind City to any obligation whatsoever. 13. Professional Ability of CalChoice; Warranty; Familiarity with Work; Permits and Licenses. a. CalChoice warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. b. By executing this Agreement, CalChoice warrants that it has thoroughly investigated and considered the work to be performed, investigated the issues regarding the Scope of Services and carefully considered how the work should be performed. C. CalChoice represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement. The Parties agree that CalChoice shall not be required to obtain a City business license. 14. Notices. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, and addressed as listed below. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. CalChoice: Jason Caudle, Executive Director California Choice Energy Authority c/o City of Lancaster 44933 North Fern Avenue Lancaster, California 93534 City: Shannon Yauchzee, Chief Executive Officer City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 15. Resolution of Disputes. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. 16. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to CalChoice in connection with the performance of this Agreement shall be held confidential by CalChoice to the maximum extent permitted by law. Except to the extent that such information constitutes a public record pursuant to the California Public Records Act, such materials shall not, without prior written consent of City, be used by CalChoice for any purposes other than the performance of the Services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to CalChoice which is otherwise known to CalChoice or is generally known, or has become known, to the related industry shall be deemed confidential. CalChoice shall not use City's insignia or photographs relating to the project for which CalChoice's Services are rendered without City's prior written consent. 17. CalChoice's Books and Records. CalChoice shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at reasonable times during regular business hours, upon written request by City's City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City's address indicated for receipt of notices in this Agreement when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CalChoice's address indicated for receipt of notices in this Agreement. 18. Severability. If any provisions of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 19. Amendment. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the Parties. 20. Waiver. No waiver of any provision of this Agreement shall be binding, unless executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 21. Governine Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Los Angeles County, California. 22. Litigation Expenses and Attorneys Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 23. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. 24. Non -Liability of Officers and Employees. No officer or employee of CalChoice or City shall be personally liable in the event of any default or breach of the terms of this Agreement. 25. Captions and Headings. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. 26. Counterparts. This Agreement may be executed in counterparts by each of the Parties. Each such counterpart shall constitute an original and all such counterparts so executed shall constitute one Agreement, binding upon the Parties, notwithstanding that all of the Parties are or may not be a signatory to the original or the same counterpart. Each counterpart shall have the same force and effect as if all such signatures were contained in one instrument. A facsimile copy shall be considered an original for the purposes of this Agreement. Facsimile or e-mail transmissions shall be deemed effective as originals. 27. No Third Party Beneficiaries. The Parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed. 28. Assignment and Subcontracting: a. The experience, knowledge, capability and reputation of CalChoice, its principals and employees were a substantial inducement for City to enter into this Agreement. Assignments of any or all rights, duties or obligations of CalChoice under this Agreement will be permitted only with the written consent of City. b. CalChoice shall not subcontract any portion of the work to be performed under this Agreement without the written consent of City. If City consents to such subcontract, CalChoice shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law. City expressly acknowledges that (i) CalChoice is staffed by a contract with Bayshore Consulting Group, Inc, and (ii) CalChoice contracts with Pacific Energy Advisors for compiling data, load forecasting and preparation of pro formas. City hereby expressly consents to performance of the Services pursuant to this Agreement by the persons and/or entities identified in the immediately preceding sentence. 29. Principal Representatives. a. Jason Caudle is designated as CalChoice's principal representative ("CalChoice Principal Representative") and is the person responsible for undertaking, managing and supervising performance of the Services. CalChoice Principal Representative's experience, knowledge, capability and reputation are a substantial inducement for City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of CalChoice Principal Representative shall not be reassigned, without express written consent of both Parties. b. The Chief Executive Officer shall be City's principal representative ("City Principal Representative") for purposes of communicating with CalChoice on any matter associated with the performance of the Services set forth in this Agreement. 30. Representations of Parties and Persons Executing Agreement. Each Party hereby represents that all necessary and appropriate actions of its governing body have been taken to make this Agreement a binding obligation. Each person executing this Agreement warrants that he or she is duly authorized to execute this Agreement on behalf of and bind the Party he or she purports to represent. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. CITY: Dated: (Name, Title) ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CalChoice: Dated: CALIFORNIA CHOICE ENERGY AUTHORITY, a California joint powers authority By: Jason Caudle, Executive Director ATTEST: CalChoice Secretary APPROVED AS TO FORM: CalChoice General Counsel EXHIBIT "A" SCOPE OF SERVICES AND PAYMENT SCHEDULE [INSERT] EXHIBIT "A" SCOPE OF SERVICES AND PAYMENT SCHEDULE 1) General CCA Implementation Support a. Represent CCA in implementation efforts i. Coordination with SCE and data manager through testing and launch ii. Coordination with data manager and call center operator in development of scripts, terms & conditions W. Coordinate with [ City ] staff on development of marketing and notification materials b. Preparation of all Southern California Edison Forms and Agreements in support of CCA implementation c. Prepare for and participate in City Council meetings, providing technical support during key discussions and decision making d. Coordination with pertinent jurisdictional regulatory agencies: to the extent that jurisdictional regulatory agencies have questions regarding applicable reports/submittals and/or general questions regarding CCA operations. e. Participate in discussions/meetings with key customer accounts, providing technical expertise related to rates, resource planning, power supply and anticipated environmental impacts; and f. General as -needed advisory services 2) Power Supply and Services Contracting - Supplier Selection and Contracting a. Develop a detailed load forecast utilizing recent SCE customer information for all eligible customers b. Determine desired energy and capacity quantities, which would supply aggregate customer requirements, including anticipated participation in default and voluntary retail service options c. Prepare draft solicitation materials, including a Request for Proposals/Offers document and related bid workbooks (which will provide an organized, uniform framework for bidder responses), to support the procurement of necessary energy and capacity products as well as scheduling coordinator services d. Prepare draft solicitation materials, including a Request for Proposals/Offers document and related bid workbooks to support the procurement of necessary data management services e. Assist the City in developing and finalizing form transaction documents for desired products and services f. Evaluate offers received in response to the aforementioned solicitation processes and assist the City in selecting the preferred supplier(s) of such products and services g. In conjunction with the City's selected legal counsel, support contract negotiation for desired products and services; h. Perform necessary coordinative activities with select suppliers during start-up; L Support "go/no-go" decision to launch the CCA program based on final power supply prices and then -current SCE retail electric rates. 3) CCA Program Development a. Prepare a draft NEM tariff, including applicable tariff language and sample customer impact analyses b. Prepare a draft FIT, including applicable project eligibility criteria, pricing schedules and an appropriate power purchase agreement (which will be developed in conjunction with the City's designated power contracting counsel) c. Coordinate with the City's selected data management services provider to ensure the effective implementation of NEM rates and related bill calculations d. Coordinate with the City's selected Qualified Reporting Entity to ensure that energy production from FIT projects is appropriately communicated to and tracked within the Western Renewable Energy Generation Information System ("WREGIS") 4) Regulatory Registrations and Compliance Systems a. Prepare a regulatory compliance calendar and reporting matrix to ensure that management has a thorough understanding of currently applicable technical reporting requirements and related submittal deadlines b. Prepare load forecast and related filings to ensure compliance with California's resource adequacy program c. Assist in completing requisite registration materials to become a WREGIS account holder — a WREGIS account will be necessary to track and report on renewable energy purchases for purposes of complying with California's Renewables Portfolio Standard program and substantiating procurement of renewable energy, generally speaking d. Assist in becoming a candidate Congestion Revenue Rights ("CRR") holder with the California Independent System Operator ("CAISO") — CRRs may help mitigate certain financial risks and reduce costs associated with energy delivery within the CAISO market e. Assist in preparing requisite customer cost comparisons, which indicate the cost comparative cost impact of taking service with the CCA program relative to SCE, and prospective power source disclosures 5) Rate Setting a. Develop preliminary and final revenue requirements for the first year of program operation b. Prepare preliminary and final rate schedules for the first year of program operation c. Prepare CCA/SCE cost comparisons to ensure an understanding of anticipated customer cost impacts Total Costs for Implementation Support Work.............................................................. $160,000.00 Ten equal payments of $16,000 (Sixteen Thousand Dollars) will be invoiced at the end of each month beginning with the month of XXXX. Payment will be due within 30 days. STAFF REPORT ITEM NO. /CZ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Wor DATE: March 20, 2019 SUBJECT: Approval of an Exclusive Franchise for Official Police Tow Service Franchisee, Royal Coaches SUMMARY In August 2018, City Council awarded franchise agreements to Hadley Tow and Royal Coaches Autobody and Towing on a rotating basis. Since that time, Hadley has been determined by the City Council that it is in violation of its Franchise Agreement, the Baldwin Park Municipal Code ("BPMC"), and its Conditional Use Permit ("CUP"). As such, since the city is down to only one tow operator, it is prudent and in the best interest of the City to add stability to the services provided by making Royal Coaches an exclusive Official Police Tow Service provider. RECOMMENDATION Staff recommends that the City Council: 1. Award an exclusive Franchise Agreement to Royal Coaches; and 2. Authorize the Mayor to execute an Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing approved as to form by the City Attorney. FISCAL IMPACT Approval of this item will not impact the General Fund. An Official Police Tow Service provider which is granted a franchise pursuant to the provisions of Chapter 100 of the BPMC is required to pay the City a franchise fee of twenty-five percent (25%) of the total gross revenue of an Official Police Tow Service derived from the tows assigned by the Police Department including storage of the vehicles. The franchise fee will be payable on a monthly basis to the City during the term of the franchise. BACKGROUND On June 5, 2018, The Public Works Department sent out a Request for Qualifications (RFQ) for Police Towing Services soliciting proposals from qualified firms for providing tow services when such service is called for by the Baldwin Park Police Department. The towing services entail the towing of vehicles involved in accidents or disabled by other causes; removal of vehicles that impede the flow of traffic; impounding of vehicles for evidence; removal and storage of vehicles abandoned in public places or on private property; and for any other reason within the jurisdiction of the Police Department. On June 25, 2018, proposals were received from Royal Coaches Autobody and Towing and Hadley Tow. Proposal evaluation criteria consisted of demonstrated qualifications, understanding and approach to the scope of work, facilities and equipment available to perform work, staffing levels and response time. In August 2018, City Council awarded franchise agreements to Hadley Tow and Royal Coaches Autobody and Towing on a rotating basis. Since that time, Hadley Tow has been found to have violated the Baldwin Park Municipal Code and the Franchise Agreement by being in violation of Conditional Use Permits associated with their property. Furthermore, Hadley Tow is only Class "A" (light duty) CHP approved and only one storage facility is approved for three (3) Area Districts. In contrast, Royal Coaches is CHP approved for all vehicle classes and storage facilities for all Area Districts in Baldwin Park. Response times for Hadley Tow are longer than Royal Coaches' response times. Royal Coaches' yard and business office are located only approximately 0.8 miles from the Police Department. The nearness of Royal Coaches to the Police Department is very convenient for vehicle owners retrieving impounded vehicles. By contrast, Hadley Tow's yard and business office are located approximately 2.5 miles from the Police Department. Royal Coaches has been a longtime police tow provider to the City of Baldwin Park. During this time, Royal Coaches has partnered with the City on many beneficial events and activities for the residents of the City. Furthermore, Royal Coaches has provided superior service to the police and the City. Utilizing two rotating tow operators did not work out for the City given the increased response times and cancellation of the Franchise Agreement with Hadley Tow. As such, entering into an exclusive Franchise Agreement will provide stability of service to the Police Department and the City. In conclusion, the cancellation of the Franchise Agreement with Hadley Tow leaves the City of Baldwin Park with one operating Official Police Tow Service provider. In order to maintain service and provide for stability of service, awarding Royal Coaches an exclusive Franchise Agreement would be beneficial to the City. As such, it is prudent and in the best interest of the City to award an exclusive Franchise with Royal Coaches to ensure ongoing services for the city regarding this critical service. ALTERNATIVES 1. City Council may choose not award an exclusive Franchise Agreement to Royal Coaches. 2. City Council may direct staff with a desired alternative. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None ITEM NO. S4, TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance @__, 41Y DATE: March 20, 2019 SUBJECT: Treasurer's Report — January 2019 SUMMARY Attached is the Treasurer's Report for the month of January 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2919 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALID State of California Local Agency Mvesdnent Fund City4ncluding General Fund 3 all other Special Revenue Funds 2.36% Varies Varies S 27,053,454.64 S 27,053,454.64 $ 27,053,454.64 $ 27,053,454.64 Housing Authority 2.36% Varies Varies 13,570.22 13,570.22 13,570.22 13,670.22 Certificate ' 27,067,024.86 27,067,024.86 27,067,024.86 27,067,024.65 4dPt�Rflf, Citibank National Association (Mutual Se wicks) 2.65% 1125/2019 1125/2021 250,000.00 260,000.00 260,000.00 249,602.60 American Express Centurion (Muhud seaatties) 1.60% 411212017 4112/2019 250,000.00 260.000.00 260,000.00 249,677.50 EverbankJacksonville (Mutual Securities) 1.55% 4116/2017 4/16/2019 250.000.00 250,000.00 250,000.00 249,627.511 Goldman Satins Sk USA NY (Mutual Secwldes) 2.25% 1/24/2018 1/24/2020 260,000.00 260,000.00 260,000.00 249,282.50 Sallie Mae Bk SILT take City UT (Mutual Securities) 2.25% 1/24/2018 1/2412020 250,000.00 260,000.00 250,000.00 249,26250 Safra National Bank New York (Ca ftft) 2.00% 4116=18 4h15/2019 260,000.00 250,000.00 260,000.00 249,850.00 Morgan Stanley Bank N A Utah (Canta6a) 264% 4h8/2018 4/20/2020 260,000.00 260,000.00 250,000.00 260,150.00 Barclays Bank Del {Cannella) 3.05% 12/19/2016 1212== 260.000.06 250,000.00 250,000.00 251A42.50 2.000.000.00 2,000,000.00 2,000,000.00 1,996,815.00 US Treasury ON (IIBS) 2.07% 3/2812018 3/26!2019 1,000,000.00 1,000,000.00 1800,000.00 996,185.00 Fiscal Agent Funds (Tr utfDabt Service Fund) Varies Varies Varies 0.00 0.00 0.00 0.00 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Funs Varies Varies Varies 153,060.66 153,060.66 163,060.86 163,060.66 163,060.66 163,060.66 133,860.66 153,060.66 S 30 220.065 52 S 30 220,083.52) 30 220.086 52 f .al5.52 Total kwesknents $ 30.2206,055.52 Cash with Bank of the West City Checking 3,523,731.66 Money Market Plus 132,697.15 City Mous Cash 52,935.99 Successor Agency 1,536,548.62 Housing Authority 1!6,903.19 Financing Authority 0600 Investment Brokerage $5.36 Total Cash with Bank of the wed bµ2,95217 Total Cash and knvestawe nts $ 35.663,037.89 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was one Certificate of Deposit that matured In January 2019. One Certificate of Deposit was purchased in January 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved by: 27' Rose Tam Director of Finance ITEM NO. 5,014, TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park FROM: Rose Tam, Director of Finance cam/ DATE: March 20, 2019 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Registers for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Registers. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park is $771.29. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The December 11 to March 11, 2019, Successor Agency Warrant with check number 13544 in the total amount of $771.29 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Attachment 1 Check Register 7r Payment Number 13544 Check Register City of Baldwin Park, CA By (None) Payment Dates 12/11/2018 - 03/11/2019 Payment Date Vendor Name Description (Item) Account Number Amount 02/28/2019 HDL, COREN & CONE PROPERTY TAX JAN -MAR 201 838-00-000-51100-14900 771.29 Grand Total: 771.29 3/7/2019 7:03:05 PM Page 1 of 2 Check Register Fund Summary Fund 838 - BP MERGED 2017 REFINANCE Account Number 838-00-000-51100-14900 Project Account Key **None** Grand Total: Account Summary Account Name CONSULTANT SERVICES Grand Total: Project Account Summary Grand Total: Payment Dates: 12/11/2018 - 03/11/2019 Payment Amount 771.29 771.29 Payment Amount 771.29 771.29 Payment Amount 771.29 771.29 Report Summary 3/7/2019 7:03:05 PM Page 2 of 2 ITEM NO. 13 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner Vr Erika Ramirez, Associate Planner DATE: March 20, 2019 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-03 to Grant a Manufacturing License in Order to Repackage Product for Cultivators and Manufactures of Cannabis within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 4150 Puente Avenue; Applicant: Rukli Inc.; Case Number: DA -18-03) SUMMARY This report requests City Council consideration of amending Development Agreement 18-03 between the City of Baldwin Park and Rukli Inc. to grant a manufacturing license in order to repackage product for cultivators and manufactures of cannabis in conjunction with a cannabis distribution facility located at 4150 Puente Ave. within the IC, Industrial Commercial Zone pursuant to Ordinance 1408. This item was continued from the March 6, 2019 City Council Meeting. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1438, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN 8437-014-014) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. Please refer to Attachment No. 1 for the specific financial details of the Agreement. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Amendment to the Development Agreement, DA 18-14, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. DISCUSSION Development Agreement 18-03 was originally considered by the Planning Commission on June 13, 2018. Planning Commission adopted Resolution 18-13 recommending approval to the City Council of four (4) development agreements for Cannabis facilities, including DA 18-03. City Council adopted Ordinance 1412 on June 20, 2018 to authorize the City of Baldwin Park to enter into a development agreement with Rukli Inc. for the distribution of Cannabis at 4150 Puente (APN: 8437-022-008) within the City of Baldwin Park. On February 11, 2019, the Planning Division received a revised application from Rukli Inc. to add manufacturing of cannabis products to their approved cannabis permit, CAN 17-06, at 4150 Puente Avenue. The application included an updated front page and a new radius map and label package as all other original attachments were still applicable. Application fees were also received. No change in principals is proposed. PLANNING COMMISSION ACTION On February 27, 2019 the Planning Commission adopted Resolution 19-06 recommending approval to the City Council to adopt Ordinance 1438 and amend DA 18-03 to grant a manufacturing license in order to repackage product for cultivators and manufactures of cannabis in conjunction with a cannabis distribution facility located at 4150 Puente Ave. within the IC, Industrial Commercial Zone pursuant to Ordinance 1408. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Amended DA 18-03, "Exhibit A" #2 Ordinance 1438 #3 Revised Application ATTACHMENT #1 REVISED DA 18-03 AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND RUKLI, INC. ARTICLE 1. PARTIES AND DATE. This is a Government Code Amended Statutory Development Agreement ("STATUTORY AGREEMENT") and is dated March 20, 2019 for references purposes only and is Case No. 18-03 and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) RUKLI, Inc., a California Corporation ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and Rukli, Inc. previously entered into a statutory municipal Development Agreement; and 2.2 WHEREAS, the previous municipal Development Agreement was promulgated by or through the Government Code and did contain necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this amended Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864, et seq.; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.5 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to be the only distributor allowed to obtain a City of Baldwin Park permit to distribute and transport medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.6 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and -1- 2.7 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map as of the Agreement Date; and 2.8 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.9 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or the Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.10 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.11 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.12 WHEREAS, Owner intends to develop a Cannabis Distribution and Manufacturing Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.13 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to be the only business to obtain distribution and transportation permits issued by the City of Baldwin Park.to distribute cannabis and cannabis related products. Owner also intends to and is, by virtue of this agreement, granted a manufacturing license in order to repackage product for cultivators and manufacturers based on this amended agreement. Nothing in this STATUTORY AGREEMENT is intended to limit the manufacturing license granted herein; and 2.14 WHEREAS, City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis in the City of Baldwin Park. Multiple cultivation/manufacturing permits have thus far been authorized and City prohibits the sale of cannabis within the City of Baldwin Park so the cannabis must be transported to and sold in cities where it is legal to do so. Owner shall be the exclusive distributor and transporter for the cultivation/manufacturing permit holders within the City of Baldwin Park -2- and City shall condition the cultivation/manufacturing permits on Owner being the exclusive distributor. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this Development Agreement pursuant to Government Code Section 65864 et seq. 3.1.2 "City" means the City of Baldwin Park, a California municipal corporation. 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 INTENTIONALLY BLANK 3.1.5 "Development" In the event that the property does not have a building and needs to be developed the building currently on site will be further developed, then "Development" includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" means all permits, licenses, and/or other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. 3.1.7 "Development Approvals" specifically include this STATUTORY AGREEMENT. "Development Approvals" also include both the Existing Development Approvals, if any, and the Subsequent Development Approvals, if any, approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.8 "Development Plan" means the Existing Development Approvals, if any, and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals, if any. 3.1.9 "BPMC" means the City of Baldwin Park Municipal Code. 3. 1.10 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted signed by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. -3- 3.1.11 "Existing Development Approvals" If any, it means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals, if any, include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.13 "Land Use Regulations" means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.14 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.15 "Owner" means RUKLI, Inc. a California S Corporation. 3.1.16 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.17 "Project" means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans if any, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.18 "Property" means the real property described in Owner's application and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City's written approval and all applicable zoning and distance requirements. 3.1.20.1 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. -4- 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Subsequent Development Approvals" If any, it means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals, if any occur, include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.21 "Space" If applicable, shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.22 "Subsequent Land Use Regulations" means, any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 — Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Permit, and/or Project and/or Property is hereby made subject expressly to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals, if any, relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. -5- 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number 8437- 014-014 and 8437-022-008 and is more particularly described in the application and document "No. 1" in Section 3.2 and incorporated herein. 3.5 Term. The initial term of this STATUTORY AGREEMENT shall be for twenty (20) years commencing as of the Effective Date. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude a cannabis operation on the subject Property, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (ii) A change in State law prohibiting the business permitted such as cultivation, manufacturing or distribution of cannabis products. (iii) Failure to pay any fees due the City. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements approved for the Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or -6- (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Sharone "Shaun" Bershatski 569 S. Williams Road. Palm Springs, CA 92264 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's costs to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals, if any, required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications -7- applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and 10 (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. -9- 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property, City may do so at any time with no prior notice to Owner. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 The parties acknowledge and agree that the public's need for mitigation and Owner's obligation only commences when the cultivation/manufacturing permit holders commence their operations. Without the commencement of operations by the cultivation/manufacturing permit holders, Owner has nothing to distribute and nothing on which to assess fees. 5.3 For the first year, Owner will pay the City a maximum flat fee in the amount of $220,000 as a Fee. The Fee shall be prorated based on the actual number of the number of licensees that are actually operational and authorized cultivation/manufacturing permit holders. For example, assuming Rukli is distributing for the 19 permit holders, then if only half the permit holders have commenced cultivation/manufacturing, the Fee will be one half or $110,000. 5.4 In year two and year three, Owner shall pay to the City a Fee of $275,000. The proration as set forth in 5.3 shall apply. 5.5 At the beginning of year four and for year five, Owner will pay the City a Fee of $330,000 for years four and five. The proration as set forth in 5.3 shall apply. 5.6 Starting in year four, the Fee shall be increased annually based on increases in the Consumer Price Index. 5.7 The Fee schedule is as follows: the first payment for each year is due for each year on or before July 1 of each year the permit is valid. The second payment for each year the permit is valid is due on or before December 31, 2018. In all subsequent years, the Fee payments are due on the same month and day of each respective year while the permit is valid. 5.8 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to pay a part of a police officer's salary and/or benefits. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. -10- 5.9 Jobs and Wage Creation. 5.9.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 30 percent of the Project's workforce shall consist of residents of the City. In addition owner will adhere to the labor standards agreed upon with the United Food and Commercial Workers, (UFCW) Local 1428 related Labor Peace Agreement i.e.: industry prevailing wages, along with recognized labor friendly health and welfare concessions. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.10 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE 6. [RESERVED] ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may automatically -11- terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT and does not waive any further reviews identified in Sections 7.1 — 7.3. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. /_\:49Lei 4_*1111111111y_l�f>y&T_1a57:7=1►i1=1371*3 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any -12- state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; -13- the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of STATUTORY AGREEMENT for Default of Owner or the City. Either Party may terminate this STATUTORY AGREEMENT only in the event of a default in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the Party of default setting forth the nature of the default and the actions, if any, required by the Party to cure such default and, where the default can be cured, the Party has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY AGREEMENT or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this STATUTORY AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including but not limited to money or fees received by the City hereunder. One example of a material default by Owner would be the failure to timely pay the Mitigation fee or any other payment or fee required by the City under this STATUTORY AGREEMENT or by virtue of any BPMC. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY -14- AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that any STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions, lawsuits, government claims or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, if any, mitigated negative declaration, if any, or negative declaration, if any, as the case may be, prepared in connection with the development of the Project or Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any party including but not limited to a third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding and Owner shall pay all of City's legal fees for a lawyer of its choosing. Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall at its sole discretion be permitted to select special counsel to defend the City, and Owner shall pay all costs related to retention of such counsel. However, the hourly fee of any special counsel selected by the City may not be over $450.00 per hour. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, -15- subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing, limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 INTENTIONALLY BLANK 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this STATUTORY AGREEMENT absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. The City will respond to all Public Records Act requests as required by state law and nothing in this -16- paragraph prevents the City from fulfilling its duties under state law regarding Public Records Act requests. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT, provided, further, that any modifications of this STATUTORY AGREEMENT are subject to the provisions of Section 10.5. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the -17- City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in -18- this Section and Article 7. Such unforeseen events ("Force Majeure") shall mean war, insurrection, acts of God, local, state or national emergencies, third party litigation, strikes and other labor difficulties beyond the party's control, any litigation filed by a third party, any Action initiated by the Federal Government or State Government, or any default by the City hereunder, which Force Majeure event substantially interferes with the development or construction of the Project. 11.10 In the case of a Force Majeure event, any and all time periods referred to in this STATUTORY AGREEMENT shall be extended for a period equal to any delay to the Project caused by any such Force Majeure event; provided, however, that no such time period shall be extended beyond a cumulative total of five (5) years. Extensions of time, when granted, will be based upon the effect of delays on the Project. They will not be granted for: (1) delays of three days or less or (2) for delays due to Owner's inability to obtain financing with respect to the Development of the Project. Owner shall in writing promptly notify Chief Executive Officer upon learning of any such Force Majeure event. The Chief Executive Officer or his or her designee shall ascertain the facts and the extent of the delay and his findings thereon shall be included in Owner's annual monitoring report unless Owner disputes the findings and requests that the period of delay be heard and determined as a part of the annual review process. 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Successors in Interest. The permit may not be transferred or sold without City Council approval. The permit may only be transferred to a family member if the current owner(s) are unable to operate the business because of mental incompetence or physical incapacity. The burdens of this STATUTORY AGREEMENT shall be binding upon, and the benefits of this STATUTORY AGREEMENT shall inure to, all successors in interest to the parties to this STATUTORY AGREEMENT. The burdens of the STATUTORY AGREEMENT shall be binding upon, and the benefits of the STATUTORY AGREEMENT shall inure to all successors in interest to the parties to this STATUTORY AGREEMENT. 11.13 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.14 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. -19- 11.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.17 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.18 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.19 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT -20- on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.20 Nexus/Reasonable Relationship Challenges. Owner consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. 11.21 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes and renders null and void that certain non - statutory municipal Development Agreement executed on or about December 29, 2017. 11.22 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.23 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.24 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it -21- receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.25 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor ATTEST: By: Jean M. Ayala, City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -22- RUKLI, INC. By: President APPROVED AS TO FORM: By: Legal Counsel for RUKLI, INC. ATTACHMENT #2 ORDINANCE 1438 ORDINANCE 1438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI, INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN: 8437-014-014 and 8437-022-008) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park will be required; and WHEREAS, RUKLI, Inc. also intends to and is, by virtue of this Development Agreement, granted a manufacturing license in order to repackage product for cultivators and manufacturers based on the Development Agreement. WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 27, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on March 20, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and Ordinance 1438 Page 2 WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on March 20, 2019. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-01 through DA 18-15) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because both of the locations of the cannabis distribution business are located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently Ordinance 1438 Page 3 amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. The distribution facility is the hub of all RUKLI Activity and as such security is this highest priority. RUKLI, Inc. intends to utilize the best available SOP's and technologies to minimize security risks, thereby minimizing any potential for negative impacts upon the surrounding area and Citywide. Both interior and exterior security will be provided, including video surveillance, sensor cables, and motion detection. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff reports dated June 13 and June 20, 2018) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. Ordinance 1438 Page 4 PASSED AND APPROVED ON THE 20th day of March, 2019 MANUEL LOZANO, MAYOR ATTEST: JEAN M. AYALA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on March 20, 2019. Thereafter, said Ordinance No. 1438 was duly approved and adopted at a regular meeting of the City Council on March 20, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: JEAN M. AYALA, CITY CLERK ATTACHMENT #3 PLANNING COMMISSION RESOLUTION 19-06 RESOLUTION PC 19-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1438 AND AMEND DEVELOPMENT AGREEMENT 18-03 TO GRANT A MANUFACTURING LICENSE IN ORDER TO REPACKAGE PRODUCT FOR CULTIVATORS AND MANUFACTURES OF CANNABIS WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE(LOCATION: 4150 PUENTE AVENUE; DA 18- 03). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine and declare as follows: (a) That the City of Baldwin Park, heretofore filed applications for Development Agreements relating to Adult and Medical Cannabis Cultivation and Manufacturing permits; (b) That the Planning Commission conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the recommendation of approval to the City Council for the amendment to the Development Agreement; and (c) Each fact set forth in the staff report dated February 27, 2019 from the City Attorney's Office, prepared by Ron Garcia, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed amendment to Development Agreement Projects (DA 18-03) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities'. SECTION 3. That the Planning Commission recommends that the City Council adopt Ordinance 1438 and amend Development Agreement 18-03 to grant a manufacturing license in order to repackage product for cultivators and manufactures of cannabis at the location of 4150 Puente Avenue attached as Attachments #1 through #3; and SECTION 4. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. PASSED AND APPROVED on the 27th day of February, 2019. DA 18-03 February 27, 2019 Resolution PC 19-06 Paqe 2 KEVIN P. ROONEY, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: Ron Garcia, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, RON GARCIA, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 19-06 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 27th day of February, 2019 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: RON GARCIA BALDWIN PARK PLANNING COMMISSION ATTACHMENT #4 UPDATED APPLICATION PAGE #1 CANNABIS PERMIT APPLICATION Page 1 of 7 CANNABIS PERMIT APPLICATION � �PLD W p �ti This application pertains to a discretionary permit. However, unlike typical �.� HU OF discretionary permits, this application process is a competitive process with a limit on U the number of applications that will be selected. All fees paid are nonrefundable regardless of outcome. SA E L hn A E .a A "non -vesting" Development Agreement will need to be agreed upon in order to receive a permit. This "non -vesting" Development Agreement is also discretionary VO JAW and involves a competitive process. Due to City staffing constraints, applicants are directed to schedule appointments with the Planning Division to submit applications. Otherwise, there is no guarantee that a city planner will be available to take in applications. Applications may not be dropped off without review from a city planner. Further, no mailed or e-mailed applications will be accepted. Business Name: k, I IT POs.- � I Business Contact (Individual): � 1j7,4`0 rl r ICA_ LA4,1 ;k-ff %Qor r.,—%e Business Contact Title:�L° S• CI C Business Contact Mailing Address: ' Primary Phone No.: Emergency Contact Name & Phone No.: E-mail: Permit Being Requested: Please mark all applicable boxes below to identify which cannabis operations permits you are seeking through this Cannabis Permit Application. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories (e.g., Cultivation and Manufacturing). However, you must include in your application package all the information requested for each category you seek to operate. For example, if you are seeking to manufacture AND cultivate, you will need to include both uses in your Business Plan, Neighborhood Plan, Security Plan, etc. El Cultivation: Square Footage: ,9 Manufacturing: Square Footage: El Testing: Square Footage: D Distribution (Transportation) B P.Application. Cannabis.Permit.Appl.4.26.18 STAFF REPORT SUMMARY ITEM NO. l I/ TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development DATE: March 20, 2019 SUBJECT: Public Hearing Regarding Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan This report requests the City Council hold the first of two required public hearings and receive public input regarding the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2019-2020 Annual Action Plan; and to consider the funding allocations for the FY 2019-2020 CDBG Public Services programs. RECOMMENDATION Staff recommends the City Council conduct the public hearing and following the public hearing approve the allocations for the FY 2019-2020 CDBG public service programs by selecting one of the following options: OPTION 1: Approve funding as recommended; or OPTION 2 Revise allocations as the City Council deems appropriate FISCAL IMPACT The exact amount of CDBG and HOME funds the City of Baldwin Park will receive is still unknown at this time since funding allocations from the Department of Housing and Urban Development (HUD) have still not been approved. For budgeting purposes, the proposed FY 2019-20 Budget considered in this report will use last year's allocation amounts ($999,611 for CDBG and $322,031 for HOME). As with previous years, it is important to note possible reductions in City's annual CDBG and HOME allocations from HUD as well as the recurring Section 108 Loan annual payment (FY 2019-20 debt service payment is $460,738). BACKGROUND Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five-year strategy designed to address the housing and community needs of extremely low, low and moderate - income households. The current Five Year Consolidated Plan covers fiscal years 2015-2019. The City must also prepare and submit an Annual Action Plan each year within the five year plan to identify the actual projects implemented and funding allocated to address the needs identified in the Five Year Plan. The final Annual Plan under the Five Year Consolidated Plan, FY 2019-2020 Annual Plan, is due to HUD by May 15, 2019. DISCUSSION Included in the process of preparing its Annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure compliance with this requirement, the City established the CDBG Advisory Committee comprised of the City's Housing Commission and Recreation and Community Services Commission. The CDBG Advisory Committee's function is to review applications for funding and make recommendations to the City Council. Unfortunately, at this time, the CDBG Advisory Committee does not have a quorum due to lack of Commissioners in both the Housing and Recreation and Community Service Commissions. However, staff continued to hold the required community meetings and invited existing members of the CDBG Advisory Committee, community stakeholders and the public to seek their input. No comments were received. This first public hearing provides the City Council the opportunity to receive public comments regarding the Annual Plan. It also provides public service applicants the opportunity to make presentations regarding their services and benefits to our residents. Since HUD has not yet announced the FY 2019-2020 Federal CDBG and HOME allocations, the proposed funding in this report considers the same funding level as in FY 2018-2019, which is $999,611 in Community Development Block Grant (CDBG) funds and $322,031 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. Of the CDBG amount, up to 15% may be allocated to public service programs, which equates to $149,942. The 15% max to public service programs is not a requirement. Considering the needs of the community, staff's funding recommendation provides slightly less public service funding than the maximum to allow for additional funding to other CDBG eligible programs. The total CDBG and HOME funding available for FY 2019-2020 is estimated as follows: FUNDING RECOMMENDATIONS Although the main focus for this public hearing is to consider funding for public service programs, in order to accurately determine the amount of funding available for these services, the City must also consider and, where applicable, determine funding for each of the following FY 2019-2020 CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next three years. During the 2005-2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included the Super Walmart Department store and other commercial businesses. The Section 108 Loan project is considered a CDBG economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City refinanced the Section 108 Loan interest and reduced the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments fixed as follows. Frscal Yearn AnnuaL-ay merit..,; FY 2019-2020 $ 460,738 FY 2020-2021 $ 478,067 FY 2021-2022 $ 494,756 To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, the City had to reduce the expectations and allocations to other CDBG programs, for now through FY 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs Community Development staff has prepared funding recommendations for City Council's consideration based on historical success of each program, application submittals, needs of the community and available funding. In addition, staff is recommending that $5,000 be awarded to a new program proposed by the WCA of San Gabriel Valley to provide services to the elderly and disabled since the Santa Anita Family Services program ceased providing services to the elderly and disabled in FY 2018- 19. It should be noted that the City may allocate a maximum of 15% of its annual allocation to public service programs, however, there is no regulation to prohibit the City from allocating less than 15%, as was done in FY 2018-2019. Staff's recommendation for FY 2019-2020 is as follows: *Indicates City of Baldwin Park Administered Program Program description of each public service application is also attached for your review. (Please see Attachment) r me-ARecommendai� ._ Church of the Redeemer Food Bank $10,000 $12,500 $'f0OQE) 0 *Domestic Violence Advocate $25,000 $30,000 = �>Ex�fi 25 0 ESGV Coalition for the Homeless $10,000 $10,000 �r1� 0 *Family Service Center $25,000 $25,000$250 0 *Graffiti Removal $30,000 $40,00µ$3Q' 0 :0°.�_, *Pride Program (BPPD) $20,000 $39,981 0 *Recreation/Sports Scholarship $3,500 $3,500 0 #> Santa Anita Family Services $5,000 No Request $5,000 St. Johns Church Social Services $2,150 $2,150 0 *Youth Employment $15,000 $18,000 _ 0 YWCA of San Gabriel Valley NEW PROGRAM $10,000, $5,000 TOTALS $145,650 $191,131 $'1 *Indicates City of Baldwin Park Administered Program Program description of each public service application is also attached for your review. (Please see Attachment) Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $199,922. Staff understands it is not very feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents with an allocation of only $2,500. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2019-2020 Capital Improvements projects using other source of funds. Housing Programs Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low-income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of HOME funded development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2019-2020 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing Development Organization (CHDO) Program—HUD requires 15% of the annual allocation to implement an eligible CHDO activity; The City currently has two successful partnerships with CHDO organizations for affordable rental projects. Staff continually seeks opportunities for new affordable housing CHDO projects. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Housing Development — This project is proposed for use in conjunction with a CHDO if possible, but not as a requirement for the development of new affordable housing units. Once a developer is identified, a proposed project will be brought before the City Council for review, direction and approval. 4) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 5) Lead Abatement Grant Program — Required by HUD Regulation for all properties participating in rehabilitation programs. As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. This first public hearing allows the City Council to approve a draft plan to make available for the required 30 -day review and comment period. The draft Plans will be available for public review at City Hall, 3rd floor and the Esther Snyder Community Center beginning April 1, 2019 and concluding at the second public hearing schedule for May 1, 2019. ENVIRONMENTAL IMPACT Although the approval of the funding allocations under the Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, each CDBG and HOME funded project does require an Environmental Review, which will be completed prior to implementation of the program. HOME Administration $ 34,203 CHDO restricted funds includes prior year funds $ 129,396 New Affordable Housing Development Projects $ 682,490 Residential Rehabilitation Loan Program $ 200,000 Lead Abatement Grant Program $ 20,000 Total HOME $1,142,170 As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. This first public hearing allows the City Council to approve a draft plan to make available for the required 30 -day review and comment period. The draft Plans will be available for public review at City Hall, 3rd floor and the Esther Snyder Community Center beginning April 1, 2019 and concluding at the second public hearing schedule for May 1, 2019. ENVIRONMENTAL IMPACT Although the approval of the funding allocations under the Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, each CDBG and HOME funded project does require an Environmental Review, which will be completed prior to implementation of the program. LEGAL REVIEW Legal review is not required for the approval of this Plan. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. Public Service Applications CHURCH OF THE REDEEMER FOOD BANK APPLICATION CHECKLIST ORGANIZATION Church of the Redeemer/ Redeemer Food Program Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo at (626)960-4011 ext 354.. 1. _ APPLICATION FORM 2. _ BUDGET PROPOSAL (ATTACHMENT A) 3. BOARD OF DIRECTORS AFFIDAVIT 4. ORGANIZATION BY-LAWS 5. CHARTER OF ARTICLES OF INCORPORATION 6. _ IRS TAX EXEMPT STATEMENT 7. MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on January 10, 2019. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2019-2020 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: Church of the Redeemer / Redeemer Food Program Agency Address: 3739 Address Monterey Ave. Baldwin Park 91706 Street City Zip Code Administrator:nr Paid A Flores Title: Senior Pastar/PrP ' ent Administrator Telephone: 626-960-9585 Fax: 626-960-9587 Administrator Email: flores.pal Qamail.com Project Site Address: Project Manager: 3739 Number Monterey Ave. Street Cecelia Bernal Baldwin Park 91706 City Zip Code Title: Food Program Director Project Manager's Telephone: 626-960-9585 Fax: 626-960-9587 Project Manager's Email: Cecelia.Bernal@us.analAik-iena.com Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). The Redeemer Food Program has been assisting the needs of the low-income individuals and families in the community of Baldwin Park for nearly 30 years, providing food baskets on a monthly basis, and as needed. The food program serves more than 600 individuals and 125 households each month. In addition, team visit the homeless, deliver food to low income areas, and those without transportation to the facility. Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 101 No -4- PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $ 12,500.00 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The Redeemer Food Program provides food assistance to Individuals and families in the city and local community that are identified as: - Low Income - Seniors living on fixed-income - Hard-working low-income couples - Physically and developmentally disabled children and adults - Victims of personal tragedy (fire, loss of job) - As well as others suffering from hunger and malnutrition (homeless) With the help of volunteers, food baskets are assembled and distributed the last Saturday of the month and daily as necessary. However, with the increasing demand of services the program has now been offering food baskets more often on a weekly and daily basis and is committed to providing services to meet the demand. For those unable to reach our facility, the team reaches out to take food and provide encouragement. Our goal is to expand and increase our services and the amount of baskets given, and to continue to not have to turn away individuals/families each week as the demand increases. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The proaram identifies individuals and families in the community of Baldwin Park who are considered low income and at the financial poverty line. The maiority tend to be sinale women with children, elderly, disabled, and households with many children. Describe any special characteristics of your client population. Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). The program continues to grow organically by word of mouth; however with limited resources, we are stretched o assist everyone. An increase to our current funding will allow us to reach more individuals during this time of neea— efficiently and effectively ea ing to a more healthier community. -5- CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes I If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yeses_ No 2. Address Yes__X__ No 3. City in which client last resided. Yes_X_ No 4. Number of family members. Yes__X_ No 5. Total family (household) income. Yes X No 6. Ethnicity Yes___X__ No 7. Female head of household Yeses_ No Pursuant to federal requirements, if your agency Is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: nr -Raid A Florce Print Name Jam. r Signature -6- Title of Officer January 9 2019 Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the ro ected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year -7- Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS d NON-BALDWIN PARK RESIDENTS �p0� -7- Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client:: ■ Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible -income persons. BUDGET In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. -s- a 0 I� W N -� PO ODvCACTI4�,WNs D "I O �7 W > �• �- CO) O CSD F N CCD �i > =I `�' . 0 CCD N '�'� N� fA �. o 3 n cr ca cn CL �' CD 'v Cr. o m 10 -�0 a J x k n J i CD J No 00 $o G)m Go 0 i W W o 00 0 CDo 0 o c CL g1c [A o o. to N _ M �1 O o CL Cl O c O o � cQ pf a 00 N to a � a to w m o c g (Dp TOpJ O 01 C H �-�t CD to C 0 0 c a CL w c o W P oCL m ,00 0 o m a a 0 v -4m -� -� -� c0 00 -4 rn CJI 1. w o -� 0 to st o o O m C X O O D o -, r .a S3 � a ai n m :3°' o CO n �' �► — V Q C �, rt .+ N .a Co D a O j = 'C'+ cu � 3 Cn O o cn m ' o sv c CCD) M Cl) CD o O aCp C (D ,a cW - C 1 0 r N k _ _— cr 3 fA n 0 A. N O -► 0 OD -4 O O O O O O O Cil IV O N O a� C 0 0 0 0 0 o a o o Q o 0 0 0W40 �M 0 0 00 0 0 0 0 No ..a m O W Q 0 O a O -4 co 0 0 fJl C O O 0 O O O O C�11 Cl Q O C O O 0 f f 0 � CL C C �D N) w 0 0 c o 0 0 a a 0 m = o o a o o Q o a 0 0 0 c 0 0 0 c CGD ccc v �' c 0 o c 0 0 Q-' 0 0 a o 0 0 m 0 0 o o ra a a a 00 a IV � O O Q O G O O 00 � fV Q IV o 0 0 0 o a o 0 c' W OD 0 0 o 0 0 o 4)"ft o w o a o 0 0 Q N O rn W o 0 a O O a 4 0 0 0 0 2% 0 m o b O o o O 0 O o o 0 L" 0 0 0 0 O 0 O -, 0 0 0 O O O O O O O 3 0 0 1s 0 y o c CL m CL fa w o 0 0 0 0 0 a o a 0 -' O o o Q O o O O O IV O c o 0 0 0 0 g 0 it 0 0 0 o a a o o a 0 0' o a 0 a to $ d � �0 10 Cc 'm i W rC nG) 1m BOARD OF DIRECTORS Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires 1. Dr. Paul A Flores President/Senior Pastor Indefinite 2. David Estrella Vice President February 2020 3. Roman Rodriguez Treasurer February 2020 4. Elizabeth Navarro Secretary February 2019 5. 6. 7. 8. Name of Executive Director Dr. Paul A Flores CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -11- AGENCY CERTICATION As the Executive Director, or duly authorized representative of Redeemer Food Program (Agency), I certify that the applicant is fully capable -of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Paul A Flores Print Name 'QJ Signature 626-960-9585 Phone Number Flores.pal @gmail.com Email Address -12- Preside nt/Sen !or Pastor Title of Officer January 9, 2019 Date �onetitaaon and Big -laws _Aftiliated with- __ The General Council Of the Assemblies of God and Southern Pacific Latin American District As approved by the Membership of Church of the Redeemer On October 24,1999 October 1999 A.- Grievances or disputes between individual members of this church, or involving a member of this church, shall be first negotiated between the disputants in good faith and Christian deportment. For failure of satisfactory negotiation between them, the matter should be then submitted to the Pastor for mediation or decision. If the Pastor is unable to resolve the matter between the parties, at request of either or any of them the matter shall be heard before the Church Board, or a panel of spiritually qualified people chosen by the Church Board (hereinafter referred to as the Panel) with both parties being given equal opportunity to present their respective positions to the panel. B.- In event the matter is taken beyond mediation with the Pastor, the Church Board shall fix such reasonable rules and procedural guidelines as they deem just and proper for the parties to present their respective positions before the Panel, so that good manners, propriety and prudence be preserved. Each parry should be allowed to have the assistance of a layperson from the membership to assist in presentation of respective positions. In matters resolved by the Church Board without further action, same shall be treated as privileged, and any record of such proceedings shall be sealed and not available to any third parry or otherwise except upon written mutual consent of the disputants. These proceedings are binding arbitration, and there shall be no other remedy between the parties beyond those herein provided. It is intended that these provisions will resolve —nu sunde nt�ings--an diseip-to-quiet- personal--grieva nzes;-so to -promote -pe ace-.andharrnonv- within_ the church. Domestic Relations matters or disputes between immediate family members should not be entertained beyond mediation through the Pastor. It is not contemplated that these procedures apply to legitimate claims for physical injuries, or in lieu of civil remedies arising out of accidents. Section Two: Disputes between Individuals or Factions and the Church or Church Board A. -Disputes involving individuals or factions within or outside the church against the Church Board or the entire membership of the church, or the church corporation, shall be resolved by binding arbitration. B.- The forum for arbitration of disputes concerned in this Section is the District Council; and, the arbitration panel shall be comprised of three disinterested persons, which three persons shall be appointed by the District Superintendent, preferably from among the District Council Executive Officers and/or the Presbytery. C. -The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. The determination and award, or other disposition made by the panel of arbitrators, shall be final and conclusive, and binding upon the parties, from which there shall be no appeal. Section Three: Disputes between factions and the District Council Disputes and grievances by this church or any rpinister, member or faction within this church against the District Council or otherwise adversely affecting the District Council shall be resolved by binding arbitration, by submitting same to the General Secretary of The General Council of the Assemblies of God, Springfield, Missouri, for resolution according to such rules and regulations as he may set, and in accordance with the By -Laws of the General Council, as such By -Laws are now or from time to time may be amended. The determination made by the General Secretary or his designees shall be final and binding between the parties, from which there shall be no appeal. 19 Section Four: AIternative Resolution In event the District Superintendent or General Secretary cannot resolve the disagreements, or is unwilling or unable to appoint a panel to hear and determine the matters in dispute, as indicated in Section Two and Section Three above, the matter shall be heard before an arbitration panel selected as follows: each disputant faction shall select a single arbitrator, and the arbitrators together shall then select a single separate and wholly neutral arbitrator to serve on the arbitration panel. In event such arbitrators are unable to agree upon the neutral arbitrator, then such third arbitrator shall be determined under procedures provided in the Uniform Arbitration Act. All persons serving on such arbitration panel must be practicing born-again Christians. The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. A final determination and award may be made by decision of any two of such arbitrators. ARTICLE TWELVE - AMENDMENTS Amendments to these By -Laws may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as provided elsewhere in these By -Laws. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to these By -Laws shall require a two-thirds affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. 20 IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State County On�% �d before me, D 4 --1- personally personally NAME. TITLE OF OFFICER - 0 .S' P ,fl %x Z e��lI/11/ .G., "JANE DOE, NOTA d -/// Zv [] personally known to me - OR - E proved to m4 on the basis of satisfactory evidence to be the person(s) whose names is/pw subscribed to the within instrument and ac- _ _.knowledged-to-me..tha#im5%she/i4t!�-executed— the same in beer/th r authorized capacity(ies), and that by >14/her/tom rSIMON W. GL41EN x signatures) on the instrument the person(s), MM w CO. # 1202974 31 r ��py CAALiFFOORM 0 or the entity upon behalf of which the z F�phost3�,,2�.20� person(s) acted, executed the instrument. WITNESS my lao and officia ai. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here Is not required by law, It could prevent fraudulent reattachment of this form. No. 5193 t� OPTIONAL SECTION t� CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, doing so may prove Invaluable to persons relying on the document. []]IINDIVIDUAL Y,/I CORPORATE OFFICER(S) TITLE(S) (� PARTNER(S) F1 LIMITED 0 GENERAL [] ATTORNEY-IN-FACT TRUSTEES) E] GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OE>10T!AVy OPTIO L SECTION TITLE OR TYPE OF DOCUMENT ee B NUMBER OF PAGES DATE OF DOCUMENT Z 9 9 SIGNER(S) OTHER THAN NAMED ABOVE V 992 NATIONAL NOTARY ASSOCIATION - 8236 ..miv ais3 SC - GAUF0F0A rJh 309.7184 1 CERTIFICATE OF ADOPTION OF CONSTITUTION & BY-LAWS BY N[EMBERSH]IP: THIS IS TO CERTIFY: That I am the duly elected, qualified and serving Secretary of CHURCH OF THE REDEEMER and that the above and foregoing code of Constitution & By -Laws was submitted to the Membership and was ratified and adopted as the Constitution and By -Laws of the corporation by the required vote of Membership entitled to exercise the voting power of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal this date: - -a BYLAWS-DOC9-24-99.DOC 21 x ray Mie corn. Mv. a 20M CONSTITUTION AND BY-LAWS CHURCH OF THE REDEEMER, AFFILIATED WITH THE GENERAL COUN�CIIA� DIST�RIACT COUNCIL F GOD, LATIN AME WHEREAS, it is the express purpose of God to call a saved people who shall constitute the Body or Church of our Lord Jesus Christ, established upon the foundation of the Apostles and Prophets, Jesus Christ Himself being the Chief Cornerstone; and, God has ordained that His UniverssalloChurch for P� should find expression in and through local churches, to assemble together d exertworship,spiritual gifts counsel and instruction. in the Word of God, to do the works of ministry, and offices as provided in the New Testament; THEREFORE, this corporation is formed to propagate the Gospel of Jesus to the Holy Bible, in fellowship with THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a nssouriN&nprofif-Cospor-timn-w-a-i.ot&-Ehur-eh-unde'-the-headship.-ofAhe-Lord Jesus Christ, with customs and traditions of Evangelical Pentecostal Christianity; and, in these premises, the following Constitution and By -Laws are adopted: CONSTITUTION ARTICLE ONE - NAME The name of this corporation is CHURCH OF THE REDEEMER hereinafter referred to simply as "church" or "corporation", though this corporation may by special resolution of the Church Board adopt other and fictitious names for the purpose of doing business through its various departments and programs, as deemed necessary, convenient or expedient, and in such manner as to be in compliance with law. ARTICLE TWO - FOUNDATIONAL CONSIDERATIONS, PRINCIPLES, PURPOSES, TENETS OF FAITH Section One: Supreme Authority of the Holy Bible This church holds the Bible, the Holy Word of God, to be supreme in all matters governing this church, the ultimate authority for rules of order, in keeping with the Spirit of Christ; and, that every born-again Christian should endeavor to keep the unity of the Spirit in the Bond of Peace... "till we all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fullness of Christ" (Ephesians 4:13). Section Two: Purposes- Worship, Evangelism and Fellowship The purposes for which this corporation is formed are to establish and maintain a place of worship of Almighty God, our Father, and the Lord Jesus Christ, His only begotten son, through the Holy Spirit, and promotion of Christian fellowship and edification, to conduct business as a church, under guidance of the Holy Scriptures, and to do the work of evangelism in home and foreign fields, obedient to the Great Commission of the Lord Jesus Christ. Section 'Three: Tenets of Faith As Tenets of Faith, this church accepts the Holy Bible as the inspired and reeneral unitvealed y ,i the all -sufficient rule of faith and practice, and for the purpose of maintaining g Y, adopts the STATEMENT OF FI]NDAWNTAL TRUTHS OF THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, as same is now and from timhctotime of Constitutionay be , and as and By -Laws, in the true copy thereof which follows as an addendum to this reference here incorporated as though set forth in full. ARTICLE THREE - STANDARDS, PREROGATIVES AND POWERS Section One: Standards and Church Government Prerogatives It shall be a standard and responsibility of this church to preserve scriptural order in all matters affecting its life and ministry, reserving the right of self-government,oeyed is officers and directors, to own Pastor, and, by action of its membership or Church Board establish and maintain standards of membership and discipline, to acquire and hold title to property, - - - - and to transact all other-busixies-g-perta' ng to its-1fe and conduct as a locay._cht i, accord to - — -- _ Holy Scriptures and as hereinafter in this Code of Constitution and By -Laws provided. Section Two: General Powers This corporation shall have and is empowered to exercise all rights, powers and privileges generally accorded to corporations of this kind, including the power to contract, to acquire, hold, buy, sell, lease, mortgage, hypothecate, or otherwise encumber, and to dispose of in any way, real and personal property of all kinds and descriptions, and to conduct all business which is lawful, necessary or expedient, in promoting the purposes of the corporation, including the power to issue, purchase, redeem, receive, take or otherwise acquire, own, sell, lend, exchange, transfer own bonds, debentures, spose notes of, pledge, use or otherwise deal in property of any land, including and debt securities. ARTICLE FOUR - RELATIONSHIP WTTH THE ASSEMBLIES OF GOD Section One: Affiliation While recognizing inherent right to sovereignty in the conduct of its own business affairs, this church voluntarily enters into full cooperative fellowship vain Nonprofitd as a member eCorpora p OGENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Mi Missouri, and likewise in fellowship with and as a member of the SOUTHERN PACIFIC LATIN AAMRICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Corporation, and subject to their superior authority in matters of doctrine and conduct, which corporations are hereinafter referred to as General Council" and "District Council', respectively, or collectively referred to simply as Assemblies of God Section Two: Privileges, Responsibilities, Representation This church shall share in privileges and assume responsibilities enjoined by affiliations mentioned & By -Laws of each the General Council and the District above, in accordance with the Constitution Council, as such regulations are now and may from time to time be amended, including representation at both the General Council and the District Council o bs Church Board.through its delegates who have been selected by the membership of this church Section Three: Dedication and. Dissolution 2 This corporation is formed and operated exclusively for religious purposes within the meaning of §501(c)(3) of the United States Internal Revenue Code. The property of this corporation is irrevocably dedicated to religious purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Title to all personal property and real property now owned or held in trust for or hereafter acquired by this church shall be perpetually dedicated to and held in trust for the purpose of maintaining a place of divine worship and operating church facilities and programs in full cooperative fellowship and affiliation with the General Council and District Council. Upon the dissolution or winding up of this corporation, after paying or otherwise adequately securing or providing for the debts and obligations of this corporation, the remaining assets shall be distributed to SOUTHERN (PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under provisions of §501(c)(3) of the United States Internal Revenueea stingMissoud exempt, then to THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD - ri Nonpro `Corpora,iCion, which"coTporafronis-formed-anal-operated-exclusrvely-3 ie United States if it is then in existence and exempt from taxation under provisions of §501(c)( ) of Internal Revenue Code, or if they then are both not in existence and exempt, then to a no fund, foundation or corporation which is formed and operated exclusively for religious purposes, in harmony with the purposes of this corporation, and which has established its tax exempt status under §501(c)(3) of the United States Internal Revenue Code. Section Four: Organizational Assistance If at any time this church encounters any internal or external problems, which cannot be reasonably and expeditiously resolved by action of the membership or the Church Board, the church shall seek the services and assistance of District Council or. General Council, upon request of the Pastor or a majority of the Church Board, or upon petition of the membership. Such petition ( 2 the membership shall be in written form, and shall require the signatures of at least twenty p ) of the current active membership of the church, and shall be addressed to District Council, and presented to the District Superintendent of District Council. Such petition shall specifically but briefly recite the details of the matter for which assistance is requested, and particularly describe features of dispute or administrative frustrations. Upon such presentation to the District Council, it shall be deemed to be a petition on behalf of the church, as an initiative of the membership, whereupon the District Council, District Superintendent or Presbytery, should take appropriate action or undertake to provide necessary services as are available. In event the membership of this church ore thatshould come divided over doctrinal or other issues, in which individuals or factions mightpropose urch should withdraw or disaffiliate from the Assemblies o°.hese BySLaws,not Artcle Eleven, e put to a confirming vote, but shall be resolved according provisions Resolution of Disputes, at Section Two. Section Five: District Council Assistance in Church Administration If at any time the business of this church cannot be adequately undertaken and performed by its administrators through the Church Board, or when a proper Church Board is not available or functioning, the church may, by request of its Church Board or at least 51% of its then current active membership, petition the Presbytery of District Council to serve as the Church Board, to so serve until such time as the Presbytery and the membership of this church agree that the membership should resume full responsibility for its affairs. Neither District Council nor the Presbytery of District Council shall be deemed to assume any personal responsibility or liability for debt or other obligations of the church in taking such action as may be necessary in these premises, unless affirmatively so stated. Section Six: Minimum Number for Viable Membership persons in number, the church If the active membership of this church falls below twenty twin ing the minimal requirement for shall seek the assistance of the District Council for help in maintain General Council affiliation. If after one year thereafter the minimalnumber f a er of 20ct active l Affiliated members is not attained, this church shall automatically revert to thestatus o Church The church shall remain in a District Council affiliated itsability statusil it again o assume meets the standard for a General Council affiliated church, having demonstrated for restoration to that status as a viable sovereign church. Unless otherwise Council these re shall .e no financial liability or other affirmative obligation assumedy District ARTICLE FIVE - TSE BOARD OF DIRECTORS AND CMMCS COUNCIL _.Section One, The Board of Directors- Name, Number, Authority — --- The Board of Directors of this c�iurch sh�l b��karown-as-th�e-C�:ur-c�b.$oar-d.-Ar.-the-BO.ard.o , including Deacons, and shall consist of TEN (10) natural persons as hereinafter in the By -Laws provided. and serving for the terms and having powers and authority All official and business powers, activities and affairs, of thiscorporation shall be exercised and conducted under authority and ultimate direction of the Church Board Section Two: The Church Council There shall be a Church Council composed of the Church Board together with Pastoral Staff and Departmental Officers, which shall serve as supervisory and advisory in nature, and shall not usurp the authority or function of the Church Board, and as hereinafter in the By -Laws provided. ARTICLE SIX - AMENDMENTS TO THE CONSTITUTION Amendments to this Constitution may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership duly this called cd specially called for that purpose, provided that such Business Meeting beY noticed at least two Sundays prior to such meeting, and as hereinafter in the By -Laws ace within view of atteendd. ees proposed amendment text shall be publicly posted in. a p P at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to this Constitution shall require a three-fourths affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. BY-LAWS ARTICLE ONE - PARLIAMENTARY LAR' In order to expedite the work of this church and to avoid confusion in its deliberations, all meetings of the Church Board, all Annual Business Meetingsdbld �Special rules order,Meetings Of otherwise the membership of this church, shall be conducted u El governed by the parliamentary authority of the current edition of Robert's Reales of Order newly revised, in keeping with the spirit of Christian love and fellowship, under the guidance of the Holy Spirit of God. ARTICLE TWO - MEMBERSHIP Section One: Members There shall be but one class of regular active membership of this church, the qualifications and acceptance of same being subject to approval of the Church Board, as hereinafter in these'By-Laws provided. Section Two: Standard of Active Membership The Standard for regular active membership in this church shall be: A.- Evidence of a born-again experience in Jesus Christ (regeneration) (John 3:3-7, 1:12, 13; I Peter 1:18-25).�___._ B.- Water Baptism by immersion (Matt. 28:19; Col. 2:12) I John 1:6-7). C.- Evidence of a consistent Christian life (Rom. 6:4, 13:13; Eph. 4:17-31, 5:2, 15; D.- Personal subscription to the Tenets of Faith as set forth in the Constitution of this church. E.- Personal willingness to contribute regularly to the support of the church with tithe and offerings according to his or her ability. F.- A voting member must be at least 18 years of age. G.- Agreement to be governed by the Constitution & By -Laws of this church, and the Constitution & By -Laws of the General Council and District Council, as they are now and may be from time to time amended. Section Three: Application for Regular Active Membership, Church Board Review Applicants for regular active membership shall make their desire known to the Pastor, who shall examine the applicant in accordance with the standard of membership, an upon his by the Chummh Board, endation the Church Board shall consider their written applications on formspp and the names of those approved for such membership shall be added to the roster of active membership of the church, and they shall be recognized publicly as members at the earliest convenient meeting of the congregation. No applicant for membership shall be accepted as a member within 30 days before an annual membership meeting or within 10 days before a special business meeting of membership. Section Four: Ex Officio Membership of Pastor, Pastoral Staff, land Spouses tion and acceptance into The Pastor of this church and respective spouse shall by virtue its ministries be deemed to become and be active voting members of this church. The Pastoral Staff and their respective spouses, by virtue of their appointmentby the Church Board, shall be deemed c o Churchembership s to become and be active voting members of this church. Such Ex O ffiterminates with termination from the respective office. Section Five: Voluntary Termination of Membership by Member Active members in good standing may sever their relationship with this church byvoluntary termination, or be transferred to some other congregation. A transferring member may apply to the Secretary of this church for a Certificate of Good Standing or Letter of Transfer, which shall be granted on approval of the Pastor and the Church board, and shall be signed by both the Pastor and 5 the Secretary. If a member tenders resignation while under charges that could otherwise bring about discipline from the Church Board, such resignation shall not deprive the Church Board from hearing and making disciplinary determinations of the charges, as deemed necessary or proper by the Church Board, for the record. Section Six: Inactive Membership, Church Board Review, Notification The Church Board is empowered to periodically review the Church Membership Roster and therefrom to place on the inactive list those who have become disqualified from membership, including those who shall without good cause absent themselves from services and programs of this church for a period of three consecutive months or more, or who cease to contribute to its support, or who shall be under charges for misconduct or under condemnation for sinful. or worldly practices. When the Church Board places the name of a member on the inactive membership list, that member shall be notified in writing of such action, and the reasons therefor, by the Secretary of the church. Such notice shall be given to such inactive member by regular mail sent to that person's address of record in the files of the church. If such member so notified does not in writing formally request - -- - - - -restoration-t-o-aGtivs-status vAthin3D-days-fromiha date.of mailing of notice of inactive status, he or she shall be automatically terminated from membership of the church, without further notice required - For good cause shown, the Church Board may restore a member to active status at any time prior to actual termination of membership. Section Seven: Termination of Membership by Action of the Board The Church Board is empowered to remove from the membership rosters the names of those who are deceased, those who no longer meet the standard of membership, those who may have voluntarily withdrawn from the fellowship, those who may have been granted severance and Certificate of Good Standing or Letter of Transfer, and those whose names have been on the inactive membership list for at least 30 days without requesting restoration to active status, and those dismissed for disciplinary reasons. Section Eight: Honorary and Special Memberships The Church Board, by its special resolution, is empowered to and may provide for honorary or special memberships, having no rights of membership notwithstanding such designation as members, for youth and superannuated persons, handicapped persons, individuals that are absent from the area and unable to take part in the programs of the church, and others deemed by the Church Board to be deserving of such consideration, on such criteria as the Church Board deems reasonable. Such honorary or special memberships shall have only those particular rights and benefits as shall be affirmatively bestowed by such special resolution of the Church Board. Rights and benefits of honorary or special memberships need not be uniform over the entire class. It is intended that honorary and special memberships shall not be members within the meaning of any law granting rights to members. Honorary and special memberships shall have no right to notice of or participation or vote in any meeting of the membership of this church, nor to participate in any way in amending the bylaws of this church or in vote to dissolve or merge. Honorary and special members shall have no vested rights in their respective memberships, and the Church Board, by further special resolution, may with or without notice terminate or revise terms or conditions of honorary and special memberships, at any time and for any reason, for cause or without cause, and may likewise dissolve the entire class or classification. Section Nine: Unauthorized Activities No member of this church shall promote personal crusades or support private campaigns, programs, enterprises or activities to involve this church or the membership of this church, on the Col church campus or elsewhere, unless such have been approved in advance by the Pastor. If additional services or programs are desired beyond those provided, such services and programs must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval of the Church Board. Violation of the provisions of this section shall constitute good cause to have the violator expelled from church campus and facilities, and shall be grounds for discipline of a member by the Church Board, ARTICLE THREE - DISCIPLINE OF MEMBERS Section One: Disciplinary Authority of the Church Board All discipline of regular members shall be prayerfully administered according to the Scriptures, under authority of the Church Board (Matt. 18:15-17; I Cor. 5:9-13; U Thess. 3:11-15; Rom 16:17). The Pastor shall be under the exclusive ecclesiastical authority of District Council and General Council, which have sole powers of discipline over credentialed ministers. Section Two: Suspension and Restoration With exception of term and authority of the Pastor, the Church Board is empowered suspend from active voting membership and place on inactive status those regular members who shall ll be under charges for misconduct, or who have fallen under condemnation through sinful or worldly practices. The Church Baard is likewise empowered to restore to active adjustment have again attained e whom it to the s are not guilty as charged, and those who through repentance and Ju standard for active membership. Section Three: Requests for Restoration, Hearings and Appeals A.- If a member has been removed from active membership because of charges of misconduct or condemnation through sinful or worldly practices, he or she may request restoration to active membership and demand a hearing before the Pastor and a majority of the Church Board, to be held within 90 days of receipt of such request and demand, which shall be in writing and particularly specifying all defenses to each charge so made; which written request and demand must be received by the Pastor or the Secretary within the 30 days after date of mailing notice of removal from active membership. The Church Board shall encourage a proper attitude on the part of those in question, and proceed carefully to press for final decision in each case. When the Church Board has rendered its final decision, the member shall be notified of the decision and of .his or her right of appeal of an adverse decision, and he or she may appeal from that decision directly to the membership of the church as hereinafter in this section provided. B.- In event such disciplined suspended person desires to further appy the suspension beyond the determination of the Church Board, such appeal shall be in writing specifying each contention and defense felt pertinent to the matter, and received by the Pastor or Secretary of the church within 30 days after date of mailing notice of adverse decision of the Church Board, further demanding a Special Meeting of the membership to be called for hearing of the cause, which Special Meeting should then be scheduled to be held within 90 days thereafter. Action taken by the membership on such appeal shall require a 60% affirmative vote to overrule the underlying action of the Church Board, and that decision of the membership shall be final for all purposes, from which there shall be no further appeal. 7 ARTICLE FOUR - QUALIFICATIONS, DUTIES AND POWERS OF OFFICERS, EMPLOYEES AND VOLUNTEERS Section One: Qualifications A-- The Pastor -Because the church recognizes the leadership of the Pastor under the Lord Jesus Christ, and because he is a representative of this church, he shall be a person of good report, and shall manage his personal affairs, financial and otherwise, so that no discredit shall come to the cause of Christ through his actions. His life and conduct shall conform to the following Scriptures: I Timothy 3:2-7; Titus 1:6-9; I Peter 5:2-3. The Pastor must have and maintain current ministerial credentials with the Assemblies of God. B.- The Pastoral Staff - The Church Board may by special resolution provide for a Pastoral Staff to serve in administration of the programs of this church, and they shall serve on the Church Council. The Candidates for service on the Pastoral Staff shall be selected by the Pastor, subject to - coinflmatian by the..Church.Board,_..and..shall_serve as assistants to the Pastor and under his direct _ supervision. They shall not be eligible to serve on the Church Board. All individuals serving in a ^ - ministerial capacity on the Pastoral Staff must have and maintain current ministerial credentials issued or recognized by the Assemblies of God, as a condition of continued association with this church, or provide proof that he or she has a current application for such credentials pending with the District Council. In event an individual serving on the Pastoral Staff is in a non -ministerial role, he or she should alternatively qualify themselves by a showing of training and experience in the particular field for which they have been so engaged. (Grandfather clause for p esent pastors C.- Church Board, Trustees and Other Officers - All members of the Church Board, Trustees, and other officers of the church, shall be mature persons full of the Holy Spirit, whose faithfulness shall have been in evidence and whose lives and conduct shall conform to the following Scriptures: Acts 6:3; I Timothy 3:8-12. Members of the Church Board must be active members of the church, in good standing, and shall consist of such persons as are appointed or elected to serve, and of their successors subsequently selected from time to time, who shall so serve until selection of their successors. D. Employees and Volunteers - All employees and volunteers in service to this church, in any of its departments, programs and ministries, must be mature persons, committed to the religious mission of the church, with a personal born-again experience in Jesus Christ, evidence of a consistent Christian life, and personally subscribing to the Tenets of Faith of this church. All employees and volunteers accepted for employment or service within this corporation are part of the religious mission of this church, including custodians and groundskeepers, department and program leaders, teachers, receptionists, Pastoral Staff, and Senior Pastor, and every other person that is authorized to take part in the various departments, programs and ministries of this church, and each is expected and required to comport themselves in their personal lives, on and off the job, on and off the church campus, in such a way as to compliment the image and religious mission of this church. Any behavior that is viewed as immoral, sinful., disloyal or antagonistic to or adversely reflecting on the church, will not be tolerated, and will be grounds for dismissal. E.- No officer, director, employee or volunteer in any department, program or ministry of this church shall have any sort of vested proprietary right or economic interest in the employment or service in this church, nor any legal rights to continue in employment or service, nor any sort of legal rights for money damages or equitable relief upon termination of respective employment or service. Any disputes in this regard shall be resolved pursuant to arbitration provisions of these By -Laws, Article Eleven, Section Two. Such employment and volunteer service are subject to these continuing conditions. Section Two: Duties A.- The Pastor - The Pastor shall have general supervision of all activities of this church. He shall serve as President of the corporation and be Chairman of all meetings of the membership and the Church Board, and, with the Secretary of the church shall sign all official documents for the church. He shall be an ex -officio member and overseer of all committees, departments and programs of the church. He shall provide for all the services of the church and arrange for all special meetings, giving due regard to the needs of the congregation. No person shall be invited to speak or preach before the congregation of this church without his approval. The Pastor shall perform such other functions as are customary to the office of President, and as necessary to the proper discharge of his --duties,- _ B.- The Pastoral Staff - All members of the Pastoral Staff are directly responsible to the Pastor for respective assignments or poshey shall be amenable responsibilities as may beastor in �assigned tters of faith and conduct, and shall performsh dutiesand carry such by the Pastor. C.- The Vice -President - When there is a vacancy in the office of Pastor (President), the Vice -President is authorized to act as interim President and to exercise the official powers of the President, until the vacancy is filled. He shall also serve as Vice -Chairman of the Church Board, there acting as presiding officer in absence of the Chairman. The Vice -President shall perform such other functions as directed by the Church Board, and as customary to the office of Vice -President, and as necessary to the proper discharge of his duties. D.- The Secretary - The Secretary shall preserve proper records of the membership of the church, of all communications and proceedings of the church, including the minutes of all membership Business Meetings, and the records of proceedings of the Church Board and all authorized church committees, departments and programs. The Secretary is the custodian of all legal documents and the official seal of the church. The Secretary small together h�o a as�are ctor sign tomary to the office of church documents and affix the official seal, and shall perform Secretary and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. E.- The Treasurer - The Treasurer is the Chief Financial Officer of the church, and is entrusted with all the finances of the church as may be committed to him. He shall deposit all church funds in a federally insured financial institution, in the official name of the church, and shall disburse same as authorized by the Church Board. He shall preserve proper itemized accounts of all receipts and disbursements of the church, and make a financial report of same to the Church Board upon demand and at the Annual Business Meeting of the membership. The Treasurer shall perform such other functions as are customary to the office of Treasurer and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. F. The Church Clerk. The Church Clerk is an employee of the Church, hired by the Church Board. The Clerk shall perform the duties as designated by the Pastor, the Secretary, the Treasurer, W and the Church Board. G.- The Church Board (1) The Church Board shall act in an advisory capacity with the Pastor in all matters to the spiritual life of the church, and in ministry of its ordinances. They shall serve as an pertaining p p and as aprincipal forum for Examining Committee in review of applications for membership, administration of discipline among the membership of the church.ower d to provide fort offices of own both the Pastor (President) and Vice -President, they shall be p temporary Chairman from among their own number in order to transact interim church business. (2) Duties and powers of the Church Board shall be subject to limitations of the de of Co�stitufion and By -Laws as foundational articles of this corporation, the provisions athe law of the Stale of California and other now consists or may be from time to time amended., an places and jurisdictions where local laws might govern or restrict such powers; and, (3) Without limiting the general powers of the Church Board, they shwa T pave — following specific powers: (a) With exception of the Pastor and Pastoral Staff, to select and remove all other officers, agents and employees of the church, prescribe such powers and duties, regulations and the foundational articles of policies, for chem as are not set by these By -Laws, consistent with o ie' uire from them appropriate this corporation, and good business practices, and, as necessary, q security for faithful service, and to fix compensation of all Pastors, Pastoral Staff, officers, agents and employees of the church; and, (b) To receive and authorize disbursement of funds; to borrow money and incur indebtedness in the course of business of this church, and foro abonds°se to cause to be debentures, deeds ofcruuted and delivered in the name of this corporation, promissory no , mortgages, pledges, hypothecations, or other evidences of indebtedness or securities, subject to pertinent law and regulations, further subject to the provisions of this code of Constitution and By -Laws of this church. (c) To take and hold as custodians for the use and benefit of the church all of its property, being responsible for the maintenance and cleanliness °eort of the arssmdividuals toe for the serve on he congregation; and to designate from its own members, as pp Committee of Trustees, to hold property for the use and benefit of this corporation, as necessary and as hereinafter in these By -Laws provided. H.- The Church Council -The Church Council, composed at a t he Church Board, Pastoral Staff, and duly elected or appointed department heads, shall properly called quarterly orim cementation of the special meeting for the purpose of counselling together for the planning p total program of the church. The Pastor or Church Board may call such meeting at any reasonable time, and quorum is not required. I.- Employees and Volunteers - Employees and volunteers snail ean�perform th duties as are assigned to them, according to respective job description and compliance or program regulations and policies, under direct supervision and authority of their restment pective [us department or program supervisor, at all times subject to the superior authority of the Pastor and Church Board. ARTICLE FIVE - ELECTIONS AND VACANCIES Section One: The Pastor and Pastoral Staff A..- In event of vacancy in the office of Pastor, the Church Board shall act as a pulpit committee, and after prayerfully seeking to know the mind of God and carefully choosing the best counsel available, shall select a scripturally qualified minister credentialed with the Assemblies of God as a nominee to the office of Pastor, and present his name for the vote of the membership of this church. Any active member of this church may suggest to the committee the name of an Assemblies of God minister in this regard. The Board should seek the advice and counsel of the local Presbyter, and Superintendent of District Council in these premises. B.- Election and re-election of the Pastor shall be by vote of the slup; an�c elections shall require a two-thirds majority affirmative vote by secret ballot of the membership present and voting at the meeting where such election is to be entertained., after a quorum has been established. The Pastor's initial term shall be for three years, and unless there be a restrictive ballot stating otherwise, the succeeding term of office for the Pastor shall be for an indefinite period. C.- The Pastoral Staff shall not be elected by the membership of the church. They shall be engaged by a majority vote of the Church Board upon recommendation of the Pastor. In event of resignation or other departure of the Pastor, the members of the Pastoral Staff are expected to submit their respective resignations to the Church Board for the review of the incoming Pastor, in order to allow the incoming Pastor the privilege of selecting his own Pastoral Staff. The services of any member of the Pastoral Staff may be terminated by the Pastor, for cause or without cause, on giving 30 days written notice. Any such person may be suspended by the Pastor immediately without notice. There shall be no right of appeal from such termination or suspension. Section Two: The Church Board A.- Nominating Committee - In ordinary course, candidates for membership on the Church Board shall be nominated by a nominating committee. The nominating committee shall be appointed by the Pastor in consultation with the Church Board, and shall consist of who he shall be the Pastor and four church members, not more than two of which shall be members Church Board. Any active voting member of this church may submit names to the nominating committee for their consideration up to two weeks prior to the meeting where such elections are to be considered. The names of those serving on the nominating committee shall be properly announced and posted on the church bulletin board at least 30 days prior to such meeting. The names of the nominees shall also be properly announced and posted at least ten days prior to the meeting where such elections are to be considered. Additional nominations may not be submitted from the floor. B.- Members of the Church Board shall be elected by the membership, initially for staggered terms of one year, two years and three years, and upon expiration of these initial terms, their successors shall be elected to serve for three year terms. All such elections shall be by simple majority, by secret ballot. With the exception of the Pastor, no member of the Church Board may succeed 11 himself in such office, unless there are no other qualified members in the church willing to so serve. C.- Alternate Officers. Alternate officers shall consist of the two remaining nominees in an election of officers with the highest number of votes. D.- Vacancies on the Church Board shall be filled automatically by predecessors. Should the next 'n lines The successors shall serve ma � unexpired �h��,o �h number required by the number of members of the Church Constitution and By -Laws, the remaining Church Board members shall call a Special Meeting of the membership for the purpose of filling these vacancies by the membership electoral process, as defined herein. Section Three: Vice -President its own members, at the The Vice -President shall be elected by the Church Board from among , by a simple majority,on first meeting of the Church Board following the Annual Business Meetingel - -- e st -The berm of-sfce-0f-the— - re ident shall be one year, and he may succeed himself — in such office for the duration of his service as a member of the Church BI oar . Section Four: Secretary and Treasurer The Secretary and the Treasurer shall be elected by the Church Board from among its own members, at the first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot, for terms of office of he Church Board. These offices may be held ne year, and they may succeed themselves in such offices for the duration of respective service on by separate individuals, or one person may be elected to hold both offices of Secretary and Treasurer at the same time. Section Five: Vacancies A.- The Pastor (1) If the Pastor has been called for a definite term, the tenure of his office shall end at the expiration of such term, or it may be terminated in manner provided in the paragraph following. Re-election of the Pastor shall be in accordance with provisions found elsewhere in these By -Laws. (2) If a Pastor ceases to qualify as provided by either the Contin cause ion orexists toy-Lawrender of this church, or when his ministry ceases to be effective, or if good and sufficient ower is vested in the his ministry unacceptable, or if other serious charges are preferred against him, power Church Board at any time to ask for his resignation. 1?such request for his ion tion of the Church is by him refused or ignored, the office of Pastor shall not be considered vacant until the act Board has been confirmed by vote of the membership. In order to terminate a Pastor before the end of his term, it shall require a majority vote of the active membership fothat purpose, e church present and voting alter a quorum is at a Special. Business Meeting of the membership duly established, by secret ballot, the effect of which is to terminate the of Pastorthe and create a should v c sided over in such office. Such a meeting called concerning status or terming tion by an official representative of the District Council. In event the Pastor is so removed from office, a written report of such action shall be signed by at least two officers of the church and sent to the office of the Superintendent of District Council. The Pastor must have and maintain current ministerial credentials with the Assemblies of God, and in event such ministerial credentials are 12 withdrawn by District Council or General Council, the Pastor's term is then immediately terminated. In event such ministerial credentials are restricted or suspended by action of District Council, District Superintendent or Presbytery, the Pastor's authority and duties within this local church shall be deemed likewise restricted or suspended, accordingly. (3) In event of vacancy in the office of Pastor of this church, the Church Board shall arrange for others to minister to the congregation for the duration of such vacancy. B.- Other Officers and Directors (1) Any other office of service in the church may be declared vacant by an act of simple majority of the active membership or action of the Church Board at any of its regular or special meetings. (2) A Member of the Church Board or any other officer of this church may be removed _-ftm—office b,efore-�the end -of -his -by cause_. ter_ witho cause _b_ a majority vote of the _ membership or the Church Board. Any removal by the Church Board must be ratified by a majority vote of the membership of the church at an Annual Business Meeting or Special Business Meeting of the membership to be held within three months of such removal, if the individual so removed requests in writing such special vote on the issue of his removal. Such written request must be received by the Pastor or Secretary of the church, registered mail, within 30 days of the time of the removal, with copies thereof mailed to each of the other members of the Church Board by certified mail, return receipt requested, citing the reasons for such request and giving recitals in support of reinstatement or against the action taken by the Church Board in causing such removal. Grounds for cause in declaring vacancy in such office may be any of the following: (a) Unscriptural conduct; (b) Departure from the Tenets of Faith; (c) Incompetence in office; (d) Any other good and sufficient cause. ARTICLE SIX - MEETINGS Section One: Meetings of the Church Board A.- Place of Regular and Special Meetings (1) Regular Meetings of the Church Board may be held at any place within or outside the State of California that has been designated from time to time by resolution of the Church Board or written consent of all the members of the Board. In the absence of such designated place being so set, regular meetings of the Church Board shall be held at the principal office of this church. (2) Special Meetings of the Churc°ard Resolution ory be id at the consensus of the Chipal urch Boardce of s church, or at any other reasonable place designatedy B.- Frequency of Regular Meetings of the Church Board The Church Board should meet monthly of the Church Board, or be as called or more frequently as need may require. The frequency of Church Board meetings may be fixed y resolution by the Pastor or a majority of members of the Church Board. C.- Call, Time and Notice of Special Meetings of the Church Board 13 (1) Special Meetings of the Church Board, for any purpose, may be called by the Pastor or a majority of the members of the Church Board, on reasonable notice as the Church Board provides by its own resolution. Every member of the Church Board should be notified in advance of such Special Meeting, to allow reasonable opportunity to attend and participate. (2) In emergency situations, Church Board meetings via telephone conference call shall be permitted, and record of any action taken entered into the minutes of the next meeting of the Church Board. D.- Quorum for any meeting of the Church Board shall consist of at least a simple majority of the then current membership of the Church Board. Section Two: Business Meetings of the Membership A.- Annual Business Meetings of the membership of shall be held on the first Sunday of _ _ _ ._Bebzuaryo£e Yew, -mess changed by a Church Board resolution, at which time reports shall be given and the election of officers and directors shh ta-k�e place, � ash �zn v``s provided. B.- Special Business Meetings of the membership of this church may be held as need arises, to conduct or implement the business of the church, and for other reasons mentioned elsewhere in this code of Constitution and By -Laws provisions, to be called by the Pastor or a majority of the Church Board, or by initiative of the membership, or by call of the District Superintendent of District Council, duly noticed and held as hereinafter in these By -Laws provided. C.- Right of Initiative Reserved to Active Members: Special Business Meetings of the membership may also be demanded by petition of not less than twenty percent of the active voting membership of the church. Such initiative petition shall be in writing and duly signed by those members requesting such meeting, and received by the Pastor or the Secretary of the church, whereupon the Church Board shall call and fix a date for such Special Business Meeting to be held within 60 days thereafter, with due notice thereof being given as hereinafter in these By -Laws provided. Any initiative petitions relating to status of the Pastor shall be directed to the District Superintendent of District Council, who shall arrange for a Special Business Meeting of the Membership to entertain that issue. There shall be not more than two Special Business Meetings of the membership called upon initiative of the membership in any one calendar year. D.- Notice of such Business Meetings of the membership shall be given by stating the time, place and purpose of the meeting in a public announcement at the church sanctuary on two Sundays prior to the meeting and by written announcement to the active members of the church, via ordinary mail sent to their address of record on file with the church, at least ten days prior to the time set for such meeting, which written notice shall be the responsibility of and so sent by the Secretary or Acting Secretary. E.- Voting Constituency at any Annual Business �hurch,Special whoBusiness are in attendance at the membership shall consist of all current active members of the such meeting. F.- Quorum for any Annual Business Meeting or Special Business Meeting of the 14 membership of this church is established by the presence of at least 25% of the active voting membership of this church. G.- ]Proxy voting and absentee balloting shall not be allowed in conduct of business at any meeting of the membership, nor any sort of representation of absentees for purpose of establishing a quorum. H.- Order of Business for the Annual Business Meeting of the membership of this church shall be as follows: 6.- Secretary's Report 1.- Devotional ' 2.- Reading of Minutes 7.- Committee Reports 3.- Election of Officers S.- Unfinished Business 4.- Pastor's Report 9.- New Business 5.- Treasurer's Report 10.- Adjournment and Programs on Church Campus and Facilities A.- Regular meetings for public worship and evangelism shall be held on the church campus each Sunday as the Lord's Day and as determined by the Pastor in consultation with the Church Board. B.- Special meetings for public worship, evangelism, and other purposes, may be called by the Pastor. C. Ordinarily, all persons willing to peacefully assemble for purposes of worship or attendance at or participation in church programs on the churchmapus shall be de b the Pastor or fixed by the Church me to attend, subject to such reasonable restrictions or regulations as shall be Y Board. ARTICLE SEVEN - COMMITTEES, DEPARTMENTS AND PROGRAMS Section One: Committees A.- Standing Committees The Church Board may appoint Standing Committees for the conduct of Particular business of the church, by special resolution entered into the minutes of their meetings, fixe ing pn bilities and powers of such committees, their duration, composition and regulation; and, the Pastor shall serve ex -officio on all such committees. The Chairman f�such committee �fttee shall o his orbe ated ted by the Church Board, and such Chairman shall set theplace particular committee and the agenda for business to be then and there conducted. Persons so appointed shall be selected from among the active membership. B.- Special Committees Board, for The Pastor may appoint Special Committees, subject to approval of the Chon and urch oft e inquiry and counsel as is necessary, conexpedient Boardf under supeor the lrvision of the Pastor. church, serving at pleasure and direction of the Church C.- Committee of Trustees 15 may By special resolution of the Church Board, a Coeto of special sresol be de for to ding ho purposes and having powers as identified and established for the use and benefit of this corporation. property or legal title to real property or personal property There shall be no presiding Trustee, but the Committee of Trusteesh Board individual Trustees shall be ject to instruction from and under continuing authority of the Chu . di ori on a secret ballot. selected by the Church Board, from among amts ee members, by f Trustees, and he duration of respective terms, The number of persons serving on the C shall be as established in such special resolution. If itt not otherwilution of he Chuse so established, rch Board, and shall of a Trustee may be abbreviated or terminated byfurther res or upon expire in any event upon termination of respective term as t°�S r Tutee or h'e Church dissolving of the committee. A retiring Trustee shall surrender _the Board any property or interests held in that Capacity. and th hout formal assiuccessor gee shall nmento transfer of responsibilities of the retiring predecessor Trustee, with or wit powers or interests. Departments and Programs as There may be departments and programs created Dy th Ch Boaid, all which s —' ministries of the church, under regulations set or approved byall have be under the direct supervision of the Pastor, which departments �e departm programs tsh_and programs to functions and responsibilities as set by the Church Boardg be established and functioning within the church shall be the following: A.- Sunday School: The church shall have a Sunday School Deppaartbm nt y its peteaching and training of groups identified by age or special interest. The Church Y lution determine that the Sunday School Department shall be under e Church Board. Hdirection of a owever., School Superintendent, selected and appointed by, and responsible to, the the Sunday School Department and the Sunday School Superintendent shall at all times be under the authority and direct supervision of the Pastor. B.- Auxiliary Departments and Programs: The church may establish other t and wmconct or Eary departments and programs as the Church Board deems necessary or convenient, promote the business and purposes of the church, created by special resolution of the Church Board, all of which shall be under the supervision of the Pastor. Priority should be given to establishment of departments and programs as are common to churches of the Assemblies of God, including education, p t of Music, Royal Rangers, Youth Mwi.stries, Men's Ministries, Women's Ministries, Minis rY Mi.ssionettes, etc. ARTICLE EIGHT - EDUCATION DEPARTMENTS - NONDISCREma NATION POLICY oration, by special resolution of and Educational departments may be established within his core name or names assigned to under direct administration or supervisionof the Church Board, having such departments, and officers and subordinate administratorso resolutions, conduct ndu foo the itheit respective of business, as the Church Board shall authorize by suchspecial ro �; and, there shall be a pre-school, grammar school and high school or other educational students of any race, color, national policy of nondiscrimination within these departments, admitting and ethnic origin to all the rights, privileges, programs and activities generally accorded or made race, color, available to students at the schools. This corporation shall anlotdiscriminate d o t polsi policies, scholarship national or ethnic origin. m adnstration of its education policies, 16 or loan programs, or athletic and other school -administered programs. ARTICLE NINE - REAL PROPERTY, CHURCH CAMPUS AND FACILI'T'IES Section One: Title to Real Property Title to all real property belonging to this church shall be deeded to the church in its official corporate name, or held in trust by District Council, subject to provisions of this code of Constitution and By -Laws. Section Two: Restrictions on Acquisition and Alienation sold, transferred, No real property of this church shall be purchased, taken or otherwise acquired, ll have been first mortgaged, leased, assigned, conveyed or otherwise alienatedewithout voting o gat Annual an Business authorized by atwo-thirds vote o the active members p p ose at which is a orum Meeting or Special Business Meetingof the membershi called for that urp qu is first established. Section Three: Unauthorized Activities on Church Property enterprises prises or activities There shall be no personal crusades or private campaigns, programs, conducted on the church campus, nor any subtle or open display or distribution of signs, literature or advertisements, unless such shall have been in advance approved by the Pastor. of thuadditional services, campaigns or programs are desired beyond those provided, or should any p campus be desired for use, such services, campaigns, programs or use must first have the approval of the Pastor, and be under his general authority ansupervision,churhand bout a Pastor,withdrawn such at any time without notice, for any reason. In event activities must first have the approval of the Church Board. Section Four: Regulations and Policies Restricting Access to Church Campus and Facilities The Pastor and Church Board are authorized to establish and maintain rules, regulations and policies regarding activities taking place on the church campus and facilities, including restrictions upon or exclusions of individuals or groups. The church campus and facilities considered to be Holy Ground, and this church reserves the right to restrict the movements of any person on the church campus and facilities, or to exclude or expel any person or group from same, at any time, for any reason. ARTICLE TEN - FINANCE, RESOURCES AND DISBURSEMENTS Section One: Financial Resources donations tithes This church shall be financed according to Scriptural methods, through gifts , , and offerings of the members and friends of the church (Mal. 3: 10; Matt. 23:23; Heb. 7:4-9), and income and revenue from all other lawful sources. Section Two: Budget and Disbursements, Annual Review The Church Board shall have general authority and supervision in all financial matters in every department and program within the church, and shall establish an annual operating budget for the church, and shall determine and authorize paymentof debts expedient church, h Church sa des for employees, and to make adjustments they deemnecessary ll 17 arrange for annual review to be conducted on all church accounts under control of the Treasurer. Section Three: Compensation of Pastor and Staff The Church Board, in consultation with the Pastor, shall review the Pastor's salary annually in order to provide an adequate income to meet changes in cost of living, and he shall be given regular and adequate financial support from the funds of the church, including housing allowance, retirement programs and reimbursements, to be paid in amounts and at such intervals as may be fixed by the Church Board, in accordance with law and ability of the church. The Pastor should be given at least two weeks vacation with pay after his first year of service to the church. Employees and Pastoral Staff should be reasonably compensated and given paid vacations after their first year of service to the church. Section Four: Reimbursements The Church Board should provide reimbursement for all authorized expenses incurred by the Pastor and other employees, volunteers and representatives of the church, including delegates to District Council and General Council conventions, in the course of their duties and services for the Section Five: Compensation of Church Board Unless otherwise employed by the church, the members of the Church Board shall not receive compensation for their services or their time involved in meetings of the Church Board. There shall, however, be reimbursement for expenses incurred on behalf of the church or in the course of the church business, including extraordinary expenses incurred on account of attendance at meetings of the membership or the Church Board. Accounts for expenses shall be submitted to and paid by the Treasurer of the church, and paid out of church funds without further approval or resolution, prima facie bona fide. Section Six: Restrictions on Expenditures Any single transaction or project that contemplates an expenditure or debt in excess of a sum equal to ten percent (10%) of the annual general fund budget must first have approval of the membership. Approval of the membership in this regard shall require a two-thirds affirmative vote to authorize such expenditure. Section Seven: Stewardship and Miscellaneous Special Offerings The church shall solicit and receive from the congregation and membership a regular monthly World NIi.ssions offering, the receipts of which should be then forthwith sent to the appropriate department of the Assemblies of God. This church shall cooperate with and support, according to its ability, the current plans of Stewardship of the Assemblies of God, and other departments, ministries and programs of the District Council. and General Council. ARTICLE ELEVEN - RESOLUTION AND ARBITRATION OF DISPUTES It is the policy and standard of this church to avoid conflicts involving hostile confrontations and judicial proceedings in secular courts, and to resolve disputes in the way provided by the Scriptures, and in manner following: Section One: Disputes between Individuals 18 S •AFL OF t :�.� State of California Bill Jones 1' 1) "".!1.1.1C �P� :iru:rpnnnin CA '1•I:'•11:'.unl �' l 1, Secretary of State'':" Cti]FORNIF STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, 90610 COn'Of1ATIONS COI)[:) THE $10 FILING FEE MUST ACCOMPANY THIS STATEMENT. LF California Corporate Number: 0437263 CHURCH OF THE REDEEMER OF THE ASSEMBLIES OF GOD IF ITEM 1 IS BLANK. n r/rw i -m it (XVIIIN1IIA11 PIAMr Did -653053 ENDORSED . FILED in dwoffo of #*Swewy ofa9am of do State of Cha FEB 1 5 2000 BILL JONES, Secretary of State It(1 NIi1 Wltll - w r I1R THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM 2A. ZU (IF NONE. COMPLETE 3.38) 3739 North Monterey Ave. Baldwin Park, CA 91706 TDO NOT USE P.O. BOX NO.1 CITY AND STATE 3A. ZIP CODE 3B. 3. MAILING ADDRESS - SUITE OR ROOM 3739 North Monterey Ave. Baldwin Park, CA 91706 CITY AND STATE ZIP rgr1E THE NAMES OF THE FOLLOWING OFFICERS ARE: A. CHIEF EXECUTIVE OFFICER AA. STREET ADDRESS (SEE REVERSE SIDEI 46. CITY ANU STATE AC. ZIP CO' jRev. Areliano Flores 3739 No. Monterey Ave. Baldwin Park, CA 58 CITY ANU SIAIIE 9170G SC. ZIP co ' 5. SECRETARY SA. STREET ADDRESS (SEE REVERSE SIDE) Josephine Castillo 3739 No. Monterey Ave. Baldwin Park, CA 91706 S. CHIEF FINANCIAL OFFICER SA. STREET ADDRESS (SEE REVERSE SIDEI 8B. CITY AND STATE 5C, ZIP CO George Aguilar 3739 No. Monterey Ave. Baldwin Park, CA 91706 PONE AGENT 18 EO BY CALM GRNIA SIAt1I- t ItOVIRIl1N DESIGNATED AGENT FOR SERVICE OF PROCESS PLEASE READ ITEMS EMS 7 7 AND B ON REV EIISF VOL CIFf]F i'C1R M.I 7. NAME Rev. Sam Sanchez S. CALIFORNIA STREET ADDRESS IF AGENT IS AN INDIVIDUAL TDO NOT USE P.O. BOXI DO NOT INCLUDE ADURESS IF AGENT IS A COIIPORATION 614 So. Fifth Street La Puente, CA 91746 COMMON INTEREST DEVELOPMENT ASSOCIATION SECTION 1350. ET SED.. CIVIL CODE 9. THIS CORPORATION 19 NOT AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT IIF THIS BOX IS CHECKED. Fi PROCEED TO NUMBER 11.1 10. ❑THIS CORPORATION IS AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT UNDER THE DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT. IIF THIS BOX IS CHECKED, COMPLETE IDA AND 108.1 t— _ IOA, BUSINESS OR CORPORATE OFFICE 109. NAME AND ADDRESS OF THE MANAGING AGENT r 11. 1 DECLARE THAT 1 HAVE EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWLEDGE ANU BELIEF. 17 15 1 CO CT ANU COMPLE 2-15-00 Attorney/Agent ALLEN JAN__ _______,.. DOTE TITLE TYPE OR PRINT NAME OF SIGNING OFFICER OR ArI:NI Sial Atli12F FORM SIO 100 (11195) Church of the Redeemer Baldwin Park, CA Statement of Financial Position For the Year Ending December 31, 2017 ASSETS 12/31/2017 12/31/2016 12/31/2015 Current assets: Cash and cash equivalent 36,690 31,199 44,040 Investments 148,247 142,879 120,125 Total current assets 184,936 174,078 164,165 Noncurrent assets: Property and Equipment, net of accumlated depreciation 1,616,393 1,664,822 1,741,072 Total assets 1,801,329 1,838,900 1,905,237 LIABILITIES AND NET ASSETS Current liabilities: Chase Credit Card 22,150 22,549 25,769 Accounts payable 17,723 23,039 26,101 Total current liabilities 39,873 45,589 51,870 Long-term debt- Mortgage 1,121,985 1,141,323 1,113,952 Total liabilities 1,161,858 1,186,912 1,165,821 Net assets: Unrestricted 519,471 531,988 665,016 Temporarily restricted 120,000 120,000 74,400 Total net assets 639,471 651,988 739,416 Total liabilities and net assets 1,801,329 1,838,900 1,905,237 Church of the Redeemer Baldwin Park, CA Statement of Activities For the Year Ending December 31, 2017 12/31/2017 12/3112016 12/31/2015 Reveues, Gains, and Other Support General Contributions 344,863 346,913 390,368 Group Fund Contributions 89,233 83,693 77,479 Unrealized Gains/Losses on Investments 5,368 (22,846) (190) Total revenues, gains, and other support 439,464 407,760 467,656 Expenses Program Services: Ministry programs 126,012 111,968 92,540 Total program services 126,012 111,968 92,540 Support Services: Debt service 54,234 61,130 79,266 General and administrative 271,735 322,089 333,778 Total support services 325,969 383,219 413,044 Total expenses 451,981 495,187 505,585 Change In net assets (12,517) (87,427) (37,928) Net assets, beginning of year 651,988 739,416 777,344 Net assets, end of year 639,471 651,988 739,416 Cash Flows from Operating Change in current assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Realized and unrealized gain on investments Depreciation Decrease in accounts payable Net cash provided by operating activities Cash flows from Investing Activities: Church Bond Funds Church Stock Funds CEP Certificate Cash flows from Financing Activities Payments for long term debt Increase/Decrease in cash and cash equivalents Cash and cash equivalent, beginning of year Cash and cash equivalent, end of year Church of the Redeemer Baldwin Park, CA Statement of Cash Flow For the Year Ending December 31, 201-4 12/31/2017 Activities: (12,517) 12/31/2016 12/31/2015 (87,427) (37,928) (5,368) 22,846 190 48,030 48,030 48,030 (5,316) (3,062) 7,848 36,690 31,199 44,040 24,829 19,613 18,140 - 23,275 25,000 - 19,338 (18,229) 16,660 5,491 (12,841) 24,756 31,199 44,040 19,285 36,690 31,199 44,040 Church of the Redeemer Baldwin Park, CA Statement of Functional Expenses For the Year Ending December 31, 2017 Description of Expenses Program General Admin Total Salaries - 116,604 116,604 Office Expense - 15,964 15,964 Building Maintenance - 22,318 22,318 Special Events - 1,751 1,751 Insurance - 18,712 18,712 Interest Expense - 54,234 54,234 Utilities - 33,258 33,258 Service Charges - 779 779 Property Tax - 10,714 10,714 Depreciation - 48,030 48,030 Group Funds 126,012 - 126,012 Capital Expenses Other Total Expenses - 3,605 3,605 126,012 325,969.27 451,981 Church Mortgage (Principal Payments) - 19,338 19,338 DOMESTIC VIOLENCE ADVOCATE City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: David Leon (Previous Year Allocation): $25,000.00 Phone Number/Ext. (626) 960-1955 X 404 CDBG Amount Requested: $30,000.00 Other Funds: $0.00 Total: $30,000.00 (Please attach a copy of your proposed budget) Project Description: A Domestic Violence (DV) and Victim Advocate works hand in hand with the Domestic Violence (DV) /Sexual Crimes Detectives to provide emergency assistance to victims, guiding victims as their cases go through the criminal justice system. They function as the coordinator for police, health, social and shelter services available. The DV advocate would be responsible for conducting on-going community outreach and education, providing services and training to police officers, detectives, schools, and other community groups. On a day to day basis, the DV advocate would receive a copy of every DV report and make contact with each victim. The following services would be provided as necessary: Counseling, support, Court appointed group DV classes, accompany DV victims to court, assist in obtaining restraining orders,. Referral services to Project Sister, Choices, House of Ruth, Spirit Family Service Center, Baldwin Park Adult School, Department of Children and Family Services, and Department of Adult Services, and coordinate with the District Attorney's Victim's Advocate. This Program brings together the DV Detectives, the Advocate, local social service providers, and the administrative staff, forming a specialized unit. This will result in the centralization of the handling of DV cases as they move through the criminal justice system. Staff believes the victims have been, and will continue to be, well served by the continuation of this specialized unit. The advocate is also available to assist DV victims, sex crime victims, their children and family members, and all other victims of crimes as needed. The funds requested will allow for the Advocate position to be staffed for 20 hours per week. Accomplishment Data The goal of the program is to assist the approximate 150 victims and or households which have been affected by Domestic Violence and more than 100 victims and family members of sex crimes. Additionally, the DV Advocate will assist several hundred additional victims of other crimes with advice, social services, Counseling or support, legal resources, medical assistance or referrals, shelter services, restitution information, relocation information, and coordinate witness protection if necessary. These services can greatly impact not only the victims, but the community at large. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING Households JAN 0-7'2019 r2o»� Projected Number of Beneficiaries Served: 250 Households IN ESGV COALITION FOR THE HOMELESS APPLICATION CHECKLIST ORGANIZATION East San Gabriel Valley Coalition for the Homeless (ESGVCH) Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo at (626) 960-4011 ext 354. 1. 2. 3. 4. 5. 6. 7. 8. X APPLICATION FORM X BUDGET PROPOSAL (ATTACHMENT A) X BOARD OF DIRECTORS AFFIDAVIT X ORGANIZATION BY-LAWS X CHARTER OF ARTICLES OF INCORPORATION X IRS TAX EXEMPT STATEMENT MOST RECENT AUDITED FINANCIAL STATEMEI PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on January 10, 2019. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. -3. FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2019-2020 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: East San Gabriel Valley Coalition for the Homeless Agency Address: P.O. Box 93256 Address City of Industry CA 91715 Street City Zip Code Agency DUNS* 104873927 Administrator: Sandra Larson Title: President of the Board of Directors Administrator Telephone: (626) 333-7204 Fax: (626) 333-7204 Administrator Email: esgvch aol com Project Site Address: 1345 Number Turnbull Canyon Rd. Hacienda Heights, CA 91745 Street City Zip Code Project Manager: Marta Lue Title: Program Manager Project Manager's Telephone:_ (626) 333-7204 Fax: (626) 333-7260 Project Manager's Email: esgvch(c-aol.com Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). The East San Gabriel Valley Coalition for the Homeless (ESGVCH) is a non- profit 501 c3 charitable organization, incorporated since 1994, and operates under a voluntary Board of Directors to directly aid people experiencing homelessness It is our mission to bring hope and restore dignity to those in need by providing shelter, alleviating hunger, assisting with basic daily needs, assisting to regain housing raising community awareness and by working collaboratively with others to end hunger and homelessness. -4- Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 15 ) No PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $10,000.00 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. ESGVCH operates three programs: 1) The Emergency Assistance Center (EAC): 2) The Bridge Program which has the same structure as our old Transitional Housing Program but is operated in motels The program is shorter -term than the Transitional Housing Program but it still maintains the same goal of placing people into their own permanent housing. ESGVCH is operating the Bridge program under the Emergency Assistance Center (EAC) motel vouchers; and 3) The Winter Shelter Program (WSP). The EAC services were established at the time of incorporation Our center is located in Hacienda Heights and it is open daily Monday -Friday to provide hot meals lunches -to -go, showers, hygiene kits, clothing transportation services (bus pass/tokens) emergency shelter (motel vouchers for families) and referral services for those in need. The funds of this grant application are requested to support the services and staff of the Emergency Assistance Center located in Hacienda Heights. Obiectives of CDBG Grant: Support our Emergency Assistance Center staff to administer the following and to help pay for motel vouchers: 1. Provide motel vouchers on an emergency basis to families with children ages 17 and under. 2. Alleviate hunger on an everyday basis among those who are homeless. 3. Provide for the hygiene needs of those who are homeless (showers, hygiene products, and clothing). 4. Assist homeless clients with transportation needs by providing bus tokens and FootHill Transit passes. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The East San Gabriel Valley Coalition for the Homeless serves people who are poor, hungry, and those experiencing homelessness Our target population includes families and/or individuals who are ill, disabled, elderly, chronically homeless veterans and transitional aped youth (14-24 years of age). Amonq the families are infants, children, and young adults. Describe any special characteristics of your client population. The clients that ESGVCH serves are unique in the sense that they are all homeless or are in danger of becoming homeless. -5- Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). East San Gabriel Valley Coalition for the Homeless is requesting the same amount as last year: $10 000.00. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits.' Does your agency. obtain this information? X Yes No If yes, does your intake sheet and supporting documentation obtain the following: 1. Name 2. Address Yes X Yes X 3. City in which client last resided. Yes X No No No 4. Number of family members. Yes X No, 5. Total family (household) income. Yes X No 6. Ethnicity Yes X No 7. Female head of household Yes X No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. am However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Sandra Larson Print Name -._e� 42"26::� Signature President of the Board of Directors Title of Officer - 7'19 Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year -8- Actual Projected 07/11/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS Duplicated Unduplicated Total Motel Vouchers Duplicated: 300 Unduplicated: 200 Total: 500 July 31 39 70 $0 August 60 31 91 $567 Set 100 28 128 $399 Oct 112 32 144 $399 Nov 60 12 72 $413 Dec 37 12 49 $207 NON- BALDWIN PARK RESIDENTS Other residents have other funding (not Baldwin Park Funding) -8- Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: ■ Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) X The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) X The projects limits services to only CDBG eligible -income persons. BUDGET In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. -9- ir � C W 4) 0m D 'O � c mo O� CL N 01 MT - IL 0 .a ea H V c � o c � � c I0 ti a� m Om 4- O Q = d CL .Q O c Oct Nm o Ov) 0 N N Q.% 0 E o 'IL O N UmU C C �.+ � d H LL V c m � �m o Ov) 0 N Q.% 0 E N c N 49 co c ti ai co � I O O m (oo ti 0 vmv cU U H cu IL F- LL +c as - c MMM© X m c d c O = `O O OD � cu o � 0 64 N Q.% 0 E co 49 co c ti ai co � I O O m (oo ti 0 rn 69.I cU a) d NLLEvc cu co Mn - coo M LO 6 CO ��a) V c M � M � I I' O ffl d00' CC) � E N N U') N � c LO LOp N 61} J E�a LO 6% l i i i L ; 0 L �} o m S � 2 O FO - .,T Lo co 00 �- CN M O T � oi CC)O � I O O M 0 CO rco� i 0 � c� � � _ I- tLO N HN9 � N 64 O p � I�I O i i i O O MMM© X m c d c O = `O C c cu t0 N Q.% 0 E co 49 co c C �a cU a) d NLLEvc cu co Mn t ��a) V c uj 0w w 0 e( C i CYi u, d c as m t V c v d a � E N N O c c J E�a o m S � 2 O FO - .,T Lo co 00 r I C i C6 v IC) W a pu m c 0 R W a U OC IL i O N am ITIt N CO O C Q OOco � ti 0 Cl CO ti 7 (D OOO O d: 1 Cp O Ni CO CO O Ch 0 NN00O O , O d 00 LL 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 d m i d- o O _ N 0 CD N N O 0 , d COOM O LOti O d' T- M 0M 00 f` OLQ > OO (O CL Ls' w O O d O CO O O N CA - O CO0 00. O o 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 0 N N p. O m O O rs,m O O O I N �.± V 6c 66% � 60 09 6c � 669 � � � � � � 69 i �•+ d" N 0 (D Csi0 C (D CR r cyi ti O O rn O CN 0 OD m= 'p O O M OU) ti q: , M cis0 C O (p O � (O COO O N O N m , O d0' 00 LL 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 CL O O d' N 00 co N 0 O rn M LO I- O i y CDO IT 0 M O N 000' O O� (D O It (0 COD O N O N 0 () — O M 00 T- (� O Vi 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 C7 r CV CL O m O O O O O 06? N V V 69 � 66r}- 66x3 � 09 � 09 609 669 609 60? � 69 U N 4 U) C C 0 a N Q _� j W C. .Q 2 W c J C x W a) 4- � °� -aQ ��1 vJ a) L � 0 L D m E cm 0) 0 co O CLI w c 0 _> N a) o o 0 cC c Q W v id ) U� a) c ` � C = c E u) (1) c Q O H> O n U Q 7 7c F" AW= O 0 N c7 d 0 CD I� 0 C� W f— G. BOARD OF DIRECTORS Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires 1. Please see enclosed Board of Directors Roster 2. 3. 4. 5. 6. 7. 8. Name of President of the Board of Directors Sandra Larson CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -12- AGENCY CERTICATION As the Executive Director, or duly authorized representative of EdSt San Caaertel WtlleY ftbOn for the {forOMS (Agency), I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. S aVL d, Vx Al V 5,9 vl. 'C" y P S;,6& OL 1 Print Name Title of Officer S nature Date (WI(D) X33 120 Phone Number t SgVCh@ Gtok -Corn Email Address Has the agency received notification of findings or concerns in the past 5 years? No If Yes, Please explain N/A Please provide corrective actions taken: -12- �4 g Homeless Office Location: 1345 Turnbull Canyon Rd Hacienda Heights, CA 91745 Phone: (626) 333-7204 Fax: (626) 333-7260 East San Gabriel Valley Coalition for the Homeless Board of Director's Chart ESGVCH Title Name President Sandra Larson Vice President Richard Hopkins Secretary Irma Martz Treasurer Mercedes Carrillo Executive Director Position Vacant Committee Chair, Emergency Assistance Center Progra m Gloria Mojarro-Mangiani Committee Chair, Winter Shelter Program Robert McKennon Members of the Board of Directors Richard Hopkins Donald Liegler Donna McKennon Robert McKennon Gloria Mojarro-Mangliani Mercedes Carrillo Irma Martz Pat Noon Dick Noon Marilyn Matthews Sandra Larson Gary Metzger EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS [Excerpt from ESGVCH Policy Manual- Pages 6-13] Section I Constitution and Bylaws Article 1: Name Article 2: Purpose: (Essence, Mission, Philosophy) Article 3: Board of Directors ("Board") Article 4: Executive Director and Staff Article 5: Committees Article 6: Miscellaneous Provisions Article 7: Dissolution Article 8: Fiscal Year Article 9: Amendments, Rules, and Regulations #500 Conflict of Interest #502 Board of Director Member Limits of Authority #505 Endorsements of Materials or Products Policy Manual Section I Bylaws and Board Operations Section One: Constitution Article One: Name 0001 The Name of the Corporation is East San Gabriel Valley Coalition for the Homeless ("ESGVCIT ). Article Two: Purpose #0021 Essence: The ESGVCH is a coalition of local faith based groups, service organizations, businesses and individuals of the East San Gabriel Valley (hereinafter called "Coalition"). #0021 Mission: The ESGVCH is a faith -based organization of volunteers and staff dedicated to serving the homeless and those at risk of homelessness. Our goals are: (a) To alleviate the immediate need for food, clothing, shelter, care and comfort among the homeless. (b) To assist and support the efforts of the homeless and near homeless to regain the ability to provide for themselves a stable home environment. (c) To increase awareness of ESGVCH and homeless issues in our community. (d) To foster partnerships with businesses, organizations and individuals to accomplish ESGVCH goals. (e) To receive and administer assets exclusively for charitable and educational purposes (f) To operate and act exclusively for charitable and educational purposes within the meaning of Section 501 (3) c of the Internal Revenue Code of 1986, as amended #0023 Philosophy The Coalition feels strongly that all are called to turn attention beyond themselves to those who suffer especially the poor, the hungry, and the homeless. #0025 Belief Statement Our common belief is that society is called upon to turn attention beyond themselves and toward those who suffer, especially the poor, the hungry and the homeless. Article 3 Board of Directors (hereinafter called "Board.") #0031 Duties and Powers. Except as specifically provided in the corporation articles of Incorporation of ESGVCH or these By -Laws, the Board of Directors ("Board") shall be the governing body of ESGVCH and all of its committees, employees, and agents. It shall establish policies and rules for the operation of ESGVCH and shall provide direction concerning financial and administrative operations, consistent with the By-laws. #0032 Size The Board shall consist of at least seven and not more than 15 Directors of the organization #0033 Board of Directors Term Length Each Director shall be elected for five (5) years and may be re-elected for subsequent terms. #0034 Restriction on Interested Persons No interested person shall serve on the Board at any one time. An interested person is (a) any person being compensated by ESGVCH for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a Director as a member of the Board; and (b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, mother-in-law or father-in-law of any such person. #0035 Board Meetings a Regular meetings of the Board shall be held at least once every quarter at a time and place to be designated by the President. b. Special meetings may be called at any time by the President or two Directors c. Notice. Notice of regular Board meetings shall be sent to the Directors at least 3 days prior to the meeting. Special meetings of the Board shall be held pursuant to notice of the time, place and purpose thereof either delivered personally or by telephone or sent by US mail or electronic mail to each Director not less than twenty four (24) hours prior to the meeting d. Quorum. A majority of the total number of Directors then in office shall constitute a quorum for the transaction of business #0036 Election Procedures. Directors Each Director shall be elected for a 5 year term. The Board shall nominate one or more individuals for each position to be filled. (See Board of Directors Nomination Form in Appendix A) The Board shall elect Directors at its Regular Board Meeting or Special Board Meeting called for such purpose. If a Director's position is vacant due to a resignation or termination, a Director will be elected to fill that position for the remaining term. Directors shall hold office for the term for which he or she is elected or until such Director's resignation or termination. Proposed new language: Directors 1 Each Director shall be elected for a 5 -year term. Directors shall hold office for the term for which he or she is elected or until such Director's resignation or termination by the board. 2 The Board shall nominate one or more individuals for each position to be filled. (See Board of Directors Nomination Form in Appendix A) The Board shall elect Directors at its Regular Board Meeting or Special Board Meeting called for such purpose. 3 If a Director's position is vacant due to a resignation or termination, when a candidate becomes available to be considered for election to the board, the new candidate's term shall be a new five year term regardless of the years remaining on the former board member's term. (also see 0038). #0037 Officers, Duties and Election. The officers of the Board shall be the President, Vice-President(s), Secretary, and Treasurer. The Officers shall be elected by the Board at the Board meeting at least two (2) months prior to the end of the standard fiscal year. The Board may elect or appoint other officers as the Board may deem advisable. The Officers shall perform such duties as set forth in these By-laws or as determined by the Board. a President. The President shall be the Chief Executive Officer of ESGVCH. He or she shall preside at all meetings of the Board. The President shall perform such other duties and functions as shall be assigned to him or her by the Board. He or she shall be an ex - officio member of all standing committees. The President shall, unless otherwise provided by resolution of the Board, possess the power and authority to sign all certificates, contracts, instruments, papers and documents in the name of and on behalf of ESGVCH b Vice-President(s). The Board may elect one or more Vice-presidents. The First Vice - President shall perform the duties and exercise the powers of the President during the absence or unavailability of the President. Each of the vice-presidents shall oversee specific programs and responsibilities as determined by the Board. They shall have additional powers and perform additional duties as shall be assigned by these By-laws or by the Board. c Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for that purposes, attend to the giving or serving of all notices of ESGVCH and sign with the President, in the name of ESGVCH, all contracts when authorized to do so. The Secretary shall have charge of such books and papers as the Board shall direct, all of which shall at all reasonable times be open to the examination of any Director, and shall in general perform all the duties incident to the office of Secretary, subject to the control of the Board. A copy of all the minutes shall be filed in the ESGVCH office. d Treasurer. The Treasurer shall be the Chief Financial Officer of ESGVCH, and shall have custody of all the funds and securities of ESGVCH, endorse on behalf of ESGVCH for collection checks, notes and other obligations, and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as the Board may designate; sign all receipts and vouchers for payments; enter or cause to be entered regularly in the books of ESGVCH kept for that purpose full and accurate accounts of all moneys received and paid on account of ESGVCH, and whenever required by the Board shall render statements of such accounts; shall , at all reasonable times, exhibit the books and accounts to any Director; and shall perform all acts incident to the position of Treasurer, subject to the control of the Board. The Treasurer may select an authorized representative to perform one or more of the above duties #0038 Vacancies on the Board a. Absences. Should any Directors miss three (3) consecutive meetings without due cause, the President may declare the position vacated. b. Resignation and Termination. Should any Directors resign or become terminated from his or her membership on the Board, a successor may be elected by the majority of the Board (at a Board meeting) to fill the vacancy. When a candidate becomes available to be considered for election to the board, the new candidate's term shall be a new five-year term regardless of the years remaining on the former board member's term #0038.5 Annual Notice of Membership in the ESGVCH Board of Directors At its annual meeting, after elections have been completed for the board and for the Executive Committee, the board shall cause the list of approved board members and officers to be posted on the ESGVCH website and reported to which ever constituent organizations as have so requested in writing. #0039.1 Bond of Officers and Directors All Officers or Directors of ESGVCH, if required to do so by the Board, shall furnish bonds to ESGVCH for the faithful performance of their duties, in such penalties and with such conditions and security as the Board shall require. ESGVCH shall assume the cost of providing any bond required hereunder. #0039.2 Compensation for Directors No Director of ESGVCH shall be compensated for the performance of services for ESGVCH, but may, by resolution of the Board, be reimbursed for expenses incurred on behalf of ESGVCH. Article 4 Executive Director and Staff #0040 Executive Director The Board may employ an Executive Director who shall manage the daily affairs of ESGVCH and shall serve at the direction of the Board. The Executive Director shall serve as a non-voting ex -officio member of the Board. 0041 In the absence of employing an Executive Director, the board of directors may assume the duties under the leadership of the Board President. 0042 Staff 1 The Executive Director shall propose staff positions necessary, shall recruit, interview, and recommend for employment by the board, such candidates as are qualified and committed to the mission and values of ESGVCH. 2 In absence of an executive director, the board may employ staff as needed to conduct the business of the organization. Article 5: Committees #0050 Creation of Committees The Board will create a committee for each of the program areas of ESGVCH. The Board may create ad hoc committees as needed. The Board will annually designate the chair for the standing committees and other such committees as it may deem to create. Committee chairs must be Directors #0051 Executive Committee The executive officers of the board: the president, vice president, secretary, treasurer, along with the three chair persons of standing committees shall be considered "The Executive Committee." The Executive Committee shall also be considered and function as The Finance Committee and shall review and make recommendations to the whole board regarding financial reports and needs. #0052 Program Committees The main program areas for ESGVCH are: a Emergency Assistance Center (EAC), b Winter Shelter (WS) c Transitional Home (TH) d Health Services (HS) The responsibility of each committee is to oversee its program so it accomplishes the program objectives. #0053Nominating committee The board, under the leadership of the president shall annually designate a Nominating committee. Nominating committee membership cannot include anyone interested in holding an executive office for the new term. #0059 Other Committees The Board shall designate the responsibilities, duties and powers for each committee it creates. Each committee shall exist to carry out the purposes of ESGVCH Article 6 Miscellaneous Provisions #0061 Contracts, Conveyances, etc. All conveyances, contracts and instruments of transfer and assignment shall be specifically approved by the Board of Directors and shall be executed on behalf of ESGVCH by such officers or agents as may be specifically authorized by the Board #0062 Execution of Instruments All ESGVCH instruments and documents including, but not limited to checks drafts, bills of exchange, acceptances, notes or other obligations or orders for the payment of money shall be signed by the treasurer and one other authorized signature. 0063 Adjourned Meetings A majority of the Directors present, whether or not a quorum, may adjourn any meeting to another time and place. Notice of such adjourned meeting shall be given even though the time and place thereof are announced at the meeting at which the adjournment is taken #0064 Participation in Meeting by Telephone, Real Time Internet Video Chat, or Email By oral or written permission of a majority of the Board or of a committee designated by the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this Section constitutes presence in person at the meeting. #0065 Construction and Definitions Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law and in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these By-laws. #0066 Non -Profit Status ESGVCH may not engage in any activity of a commercial nature that would violate its status as a non-profit organization as defined in existing laws. ESGVCH may not engage in any partisan political activity. #0067 Conduct of Meetings Meetings shall be conducted according to Robert's Rules of Order #0068 Nondiscrimination ESGVCH shall not discriminate in employment, membership, or registered use against any person on the basis of race, color, gender, religion, creed, age, disability, or sexual preference. Article 7: Dissolution 0071 General In the event of dissolution of ESGVCH, all the assets, real and personal, shall be distributed to such charitable organization or organizations as are qualified as tax exempt under Section 501 3 of the Internal Revenue Code or 1986, as amended, or corresponding provisions of any subsequent federal income tax laws as the Board shall determine. Any such assets not so disposed of, for whatever reason, shall be disposed of by order of a Court with appropriate jurisdiction to such organization or organizations as said Court'shall determine, which are organized and operated exclusively for charitable purposes. 0072 No Inurement No part of the net earnings of assets of ESGVCH shall be distributed to or inure to the benefit of any Director of ESGVCH, contributor, or private person. Article 8: Fiscal Year 0081 The fiscal year of ESGVCH shall be from July 1 to June 30 of the following year. Article 9: Amendments, Rules, and Regulations #0091 Amendments ' These By-laws may be altered or amended at any duly called meeting of the Board at which a quorum is present by a majority vote, provided that written notice naming the substance of the proposed amendment has been sent to each Director at least ten (10) days in advance of the date of the meeting, unless such notice is waived by all the Directors. #0092 Rules and Regulations The Board may adopt additional rules and regulations, general or specific, for the conduct of their meetings, and additional rules and regulations, general or specific for the conduct of the affairs of ESGVCH provided, however, no such additional rule or regulation shall be inconsistent with or in contravention of any provisions of the Articles of Incorporation or these By-laws. #0093 Periodic Reviews These By-laws and the associated policies shall be reviewed annually. Last reviewed and affirmed July 1, 2011. #500 Conflict of Interest All Board of Director members, executive officers and employees of the ESGVCH shall: 1 Maintain the highest standards of conduct and integrity when conducting ESGVCH business 2 Have no outside interests that may be incompatible with or involve a conflict of interest with their duties, functions, and responsibilities for ESGVCH: 3 Abide by applicable federal, state, county, and municipal statures, regulations, and other ordinances concerning conflicts of interest. 4 Directors, officers and employees of ESGVCH are prohibited from the following associations unless they have fully disclosed such associations and have received specific approval from the board to continue such associations. a Serving in either paid or volunteer capacity as a director, partner, employee, or representative in any organization that does business with or receives funds from ESGVCH. b Being imme3diately related to any vendor, contractor, or consultant paid by ESGVCH funds. c Have any direct financial interests in any organization that does business with or receives grants from ESGVCH. Note: ownership of less than .001% of the stock of a corporation is not a direct financial interest. 5 Directors, officers, and employees of ESGVCH are prohibited from accepting, directly or indirectly, payments, loans, gifts, commissions, services, promised future benefits, gratuities, or other items of value from any organization or individual doing business with ESGVCH, except for beverages, food, social invitations, access to parking while visiting the organization or occasional shared local transportation for a meeting. Nothing shall be received unless it is of minimal value (not to exceed $25, and in keeping with good business ethics and that does not in any way obligate the recipient on behalf of ESGVCH with a vendor. 6 To ensure compliance with this policy, all directors, officers, and employees of ESGVCH shall submit and/or recertify their agreement with this policy on an annual basis. #502 Board of Director Member Limits of Authority 1 Individual Board of Director members are not authorized to take public stands on positions that are contrary to those of ESGVCH. This policy is not intended to prevent Board of Director members from taking personal positions on public issues, but only to prevent giving the appearance that the Board of Director member is speaking officially on behalf of ESGVCH. 2 Official positions or statements may only be put forth after full approval by the board at a regular business meeting. Such positions should be recorded as an appendix to the policy manual for future reference. Approved 12/14/11 #505 Endorsements of Materials or Products The Board of Director may not at any time give endorsements for any organizations, programs or products. The Board of Directors may approve for distribution and sale a variety of materials, programs, and products that are in harmony with the goals and purposes of ESGVCH. Approved 8/26/10 ARTICLES OF INCORPORATION OF EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS ENDORSED F I L E D in, itio.omco, .3t ths secretary cr stalo of tho Sim(, Of cj"Ifforniii UP 7 1994 A California Nonprofit Public Benefit TONYMILLEn CoS.0cfe't21fy Of Stj3(e I The name of this corporation is: EAST SAN GABRIEL VALLEY COALITION FOR. THE HOMELESS 'II This Corporation is a nonprofit public benefit corporation and isnot organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation. Law for Public and charitable purposes. The public and charitable purposes of the corporation are to provide for the needs of the homeless in the San Gabriel Valley and to educate the public concerning those needs. This corporation is organized exclusively for charitable, religious, and educational purposes within the meaning of Section 50.1(c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. Notwithstanding -any other provision of these Articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powersf'that''are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted. to be carried on (A) by a corporation exempt from federal income tax under Section, 501(c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law or (b) by a corporation, contributions to which are deductible under Section 170(c) (2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States, internal revenue law. III The name and address In. California of the corporation's initial agent for service of process is: RONALD J. SACHS 2056 Lynbrook Hacienda Heights, California 91745 11 IV (a) No substantial part of the activities of this corporation shall consist of lobbying or propaganda, or otherwise attempting to influence legislation, except as provided in Section 501(h) of the Internal Revenue. Code of 1986 and this corporation shall not participate in or intervene in (including publishing or distribut- irig statements) any political campaign on behalf.of or in opposi- tion to any candidate for public office. (b) All corporate property is irrevocably dedicated to the purposes set forth in Article 2 above. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or members, or to individuals. (c) On the winding .up and dissolution of this corporation; after paying or adequately providing for the debts, obligations and liabilities of the corporation, the ' �rcmai'nirig " assets* of this corporation shall be distributed to such organizations organized and operated exclusively for charitable purposes which have established their tax-exempt status under Section 501(c)(3) of the. Internal Revenue Code of 1986, or the corresponding provision of any future United States internal, revenue law and which have 'established their tax-exempt status under Section 23701d of the California Revenue and Taxation Code, or the corresponding section of any, future California revenue and tax ONALD J. SACHS, Incorporator I am the person whose name is subscribed below. i am the sole Incorporator of EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS and have executed these Articles of Incorporation. The foregoing Articles of Incorporati ar y act and deed. Executed on P :/ , 1994, at Hacienda Heights, California. I declare that the foregoing is true RdRALD J. SACHS, Incorporator E, All tAei SO, GABRIE1, VALLEY 00AL.ITT31N F01P. PONEIESS PO BOX 91:5� C A 11, y :)F I IN _n*;s-,, P CA i.a '7an. � 6 fx�ar Applicant, pJi uyc .,tv. - r. DIN, C C'!�,Nr,)ty str us: iet,.vej, riateo Apr -;l ctzo,el wf�:I�i bfrom Ft-deral KnNw tax mWer ,:action DU in) W of the lmerna.M.+.',>f'ri +,_ Codv, and you mmid be tro,0,ol as a v;hlic Charity, as a pri,'aLLduring an advance ruling period. Mod an the 1nfn=ati(-,r; rowi"-c you al.e w,s ? wjblic' charity under the Ccc*'* socti cn jllz'_ed un�� tea "z:.nq of th le, t,%Rl. . Sacr- YoUT.: exerpt was not under ennaidprWan. you =Mue zo be Owslawl ac - an organization exempt frem Federal Mcme tax unj��,r Se,.:tLcn SVI(c) (3" of the Cc We . pvblication 551, Tay-Fxe=pt L.e i^t prcvides detoiled �nfozmata.on about yo,,�r riqhtt -,;nd &a -)n e..Ymmpt You may request P Copy by the vw"",brtt for f 929-31676. Tnfornation iz. also available nri. ou.- lnterrt,01: Wil Site at 2f yr,: have general, questi"'nz, oros- I ploase cal sur to!! -free number shown in �ne Please keep hair lettet In s:nC*rely youts, Robert Clwi Exempt Organizations 11 � IRS�( 'partment of the TteInl Internal Revenue Service P.O. Box 2508 Cincinnati OH 45201 EAST SAV GABRIEL VALLEY COALITION FOR THE HOMELESS E S G V C H S. RONALD J SACHS 1345 TURNBULL CANYON RD HACIENDA HTS CA 91745-2656 125461 Employer ID number: 95-4508436 Form 990 required: yes Dear Taxpayer In reply refer to: 0752257825 Feb. 26, 2018 LTR 41680 0 95-4508436 0000.00 00 00017938 BODC% TE This is in response to your request dated Feb. 1.4, 2018, regarding your tax-exempt Status. We issued you a determination letter in April 1995,.recognizing you as tax. -exempt under Internal Revenue Code CIRC) Section 501(c) (3). Our records :also indicate: you're not a private fdund.attion.as defined under IRC Section 509Ca) because you're described in TRC Sections 509(a)(1) and 170(b)(l)(A)(vi.). Donors can deduct contributions they make to you as provided .in I.RC Section 170. You're also qualified to receive tax deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106, .and 2`522 In the. heading of this Letter.,, we indicated whether you must file an annual information return. If a return is required, you must file Form 990, 990-E2, 990-N, or 913 -PF by the 15th day of the fifth month after the end of your annual accounting period. IRC Section 60330) provides that, if you don't file a required annual information return or notice for three consecutive years, your exempt status will be automatically revoked on the filing clue date of the third required return or notice. For t;Ox forms, instructions, and publications, visit www.irs.gov or call 1 -800 -TAX -FORM (1-800-829-3676"). If you have questions, call 1-877-829-55gp between 8 a.m. and 5 parr„ local time, Monday through Friday (Alaska and Hawaii follow Pacific Time). EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS E S G V C H 9 RONALD J SACHS 1345 TURNBULL-CANYON RD HACIENDA HTS CA 91745-2656 0752257825 Feb. 26, 201:8 LTR 41680 0 95-4508436 000000 00 00017939 Sincerely yours, Teti M. Johnson Operations Managers AM Cps. 3 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS FINANCIAL STATEMENTS JUNE 30, 2017 AND 2016 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS CONTENTS Independent Auditor's Report Financial Statements Paces Statement of Financial Position 2 Statement of Activities 3-4 Statement of Functional Expenses 5-6 Statement of Cash Flows 7 Notes to Financial Statements 8-12 k-sociates han & An Accountancy Corporation 3286 E. Guasti Road, Suite 130, Ontario, CA 91761 Phone: (909) 781- 6443 Fax: (909) 476- 7390 ww-w Su.chancoa.com INDEPENDENT AUDITOR'S REPORT To the Board of Directors East San Gabriel Valley Coalition for the Homeless We have audited the accompanying financial statements of East San Gabriel Valley Coalition for the Homeless, a nonprofit organization, which comprise the statement of financial position as of June 30, 2017 and 2016, and the related statements of activities, functional expenses and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with the auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of East San Gabriel Valley Coalition for the Homeless as of June 30, 2017 and 2016 and the changes in its net assets and cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Suchan & Associates Ontario, California February 11, 2018 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FINANCIAL POSITION JUNE 30, 2017 AND 2016 CURRENT ASSETS Cash Grants receivable (Note 2) Prepaid expenses TOTAL CURRENT ASSETS FIXED ASSETS, net (Notes 2, 3 and 5) TOTAL ASSETS ASSETS 2017 2016 $ 197,373 $ 200,043 21,991 13,251 476 4,923 219,840 218,217 649 1,054 $ 220,489 $ 219,271 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accrued Expenses $ 6,704 $ 3 Capital Leases, current (Note 3 and 5) - 709 TOTAL CURRENT LIABILITIES 6,704 712 NET ASSETS Unrestricted Temporarily restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS 199,452 150,068 14,333 68,491 213,785 218,559 $ 220,489 $ 219,271 The accompanying Notes to Financial Statements are an integral part of this statement -2- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2016) REVENUES Public contributions Government contracts and grants Contributed supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied by use Restrictions satisfied by time Total net assets released from restrictions TOTAL REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR 77,658 (77,658) - - 747,081 (54,158) 692,923 785,706 697,697 - 697,697 1 684,631 49,384 (54,158) (4,774) 101,075 150,068 68,491 218,559 117,484 $ 199,452 $ 14,333 $ 213,785 $ 218,559 The accompanying Notes to Financial Statements are an integral part of this statement -3- Temporarily 2017 2016 Unrestricted restricted Total Total $ 137,006 $ 23,500 $ 160,506 $ 252,679 316,661 - 316,661 332,748 215,537 - 215,537 188,607 - - - 11,632 219 - 219 40 669,423 23,500 692,923 785,706 1,824 (1,824) - - 75,834 (75,834) - - 77,658 (77,658) - - 747,081 (54,158) 692,923 785,706 697,697 - 697,697 1 684,631 49,384 (54,158) (4,774) 101,075 150,068 68,491 218,559 117,484 $ 199,452 $ 14,333 $ 213,785 $ 218,559 The accompanying Notes to Financial Statements are an integral part of this statement -3- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2016 REVENUES Public contributions Government contracts and grants Contributed supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied by use Restrictions satisfied by time TOTAL REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR Temporarily Unrestricted restricted Total $ 140,079 $ 112,600 $ 252,679 332,748 - 332,748 188,607 - 188,607 11,632 - 11,632 40 - 40 673,106 112,600 785,706 34,056 (34,056) - 24,833 (24,833) - 731,995 53,711 785,706 684,631 - 684,631 47,364 53,711 101,075 102,704 14,780 117,484 $ 150,068 $ 68,491 $ 218,559 The accompanying Notes to Financial Statements are an integral part of this statement EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 3012017 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2016) Equipment Rental Insurance Interest Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rehab Center Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation and Amortization TOTAL FUNCTIONAL EXPENSES Total Program Total Program Emergency Transitional Winter Encore Services Services Assistance Housing Shelter Program 2017 2016 $ - $ - $ 14,894 $ - $ 14,894 $ 15,007 12,743 - 19,564 598 32,905 22,121 90 - - - 90 292 10 - 210 - 220 291 2,554 - 11,848 - 14,402 12,201 42,759 - 1,061 - 43,820 15,565 3,386 - 1,072 - 4,458 3,281 2,631 - 1,020 219 3,870 5,717 6,525 - 14,560 802 21,887 20,668 409 - 75 - 484 520 4,625 - 14,752 - 19,377 43,749 - - - 4,875 4,875 11,586 2,700 - 540 - 3,240 15,400 - - 28,746 - 28,746 24,491 - - - - - 105 - - 3,209 - 3,209 " 3,557 216,110 - 1,517 - 217,627 194,194 3,689 - 401 - 4,090 3,598 1,093 - 108,667 - 109,760 108,840 _ _ - _ - 1,380 62,140 - 100,020 7,178 1692338 181,663 361,464 - 322,156 13,672 697,292 684,226 405 - - - 405 405 $ 361,869 $ - $ 322,156 $ 13,672 $ 697,697 $ 684,631 The accompanying Notes to Financial Statements are an integral part of this statement -5- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS Equipment Rental Insurance Interest Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rehab Center Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation and Amortization TOTAL FUNCTIONAL EXPENSES STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2016 Emergency Transitional Winter Encore Assistance Housing Shelter Program Total Program Services $ - $ - $ 15,007 $ - $ 15,007 9,398 822 10,402 1,499 22,121 292 - - - 292 184 - 107 - 291 2,496 - 9,705 - 12,201 14,503 - 1,062 - 15,565 2,242 - 1,039 - 3,281 2,596 309 1,945 867 5,717 4,904 312 14,056 1,396 20,668 437 - 83 - 520 16,374 5,200 22,175 - 43,749 - - - 11,586 11,586 2,400 13,000 - - 15,400 - - 24,491 - 24,491 105 - - - 105 - - 3,557 - 3,557 188,619 75 5,500 - 194,194 3,323 - 275 - 3,598 1,961 - 106,879 - 108,840 - 1,380 - - 1,380 60,165 5,750 104,676 11,072 181,663 309,999 26,848 320,959 26,420 684,226 405 405 $ 310,404 $ 26,848 $ 320,959 $ 26,420 $ 684,631 The accompanying Notes to Financial Statements are an integral part of this statement EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2017 AND 2016 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets to net cash provided (used) by operating activities: Depreciation (Increase) decrease in assets: Grants receivable Prepaid expenses Increase (decrease) in liabilities: Accrued expenses CASH PROVIDED (USED) FOR OPERATING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES Payments on capital leases NET INCREASE (DECREASE) IN CASH 2017 2016 $ (4,774) $ 101,075 405 405 (8,740) 30,581 4,447 498 6,701 (8,355) (1,961) 124,204 (709) (668) (2,670) 123,536 CASH AT BEGINNING OF YEAR 200,043 76,507 CASH AT END OF YEAR $ 197,373 $ 200,043 SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for: Income taxes $ - $ - Interest $ 90 $ 292 The accompanying Notes to Financial Statements are an integral part of this statement -7- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 1. Organization and Nature of Activities East San Gabriel. Valley Coalition for the Homeless (ESGV Coalition for the Homeless) is a non-profit, tax-exempt organization based in the San Gabriel Valley area of California. The primary purpose of the Organization is to serve the needs and expand the opportunities of the homeless and needy in the San Gabriel Valley area. ESGV Coalition for the Homeless was incorporated as a nonprofit organization under the laws of the state of California on September 7, 1994. The Organization provides the following program services: Emergency Assistance Transitional Housing — Bridge Program Winter Shelter Encore Program The Organization is supported primarily through grants and contributions. The Winter Shelter is operated between December and March and receives funding from the Los Angeles Homeless Services Authority and federal funding from the Emergency Food and Shelter Program. The Emergency Assistance Center is operated year-round and provides food, clothing, and hygiene products, among other services to at -risk and homeless persons. The transitional housing/bridge program assists families in transitioning to permanent homes through life skill education, intense case management, and financial counseling. The Encore Program supports ESGV Coalition for the Homeless' clients to access additional and mental health treatment manifested by, addictions through street outreach, case management, addiction treatment, and improved access to housing. 2. Summary of Significant Accounting Policies The significant accounting policies followed by the Organization are summarized below. Basis of Accounting - The financial statements have been prepared on the accrual basis of accounting. Cash and Cash Equivalents - For the purposes of statement of cash flow, the Organization considers all highly liquid debt instruments with an initial maturity of three months or less to be cash equivalent. Grants Receivable - The Organization considers its grants receivable to be fully collectible; accordingly, no allowance for doubtful accounts is required. If amounts become uncollectible, they will be charged to operations when that determination is made. Fixed Assets - Fixed assets are recorded at cost or donated fair market value. Depreciation is provided on a straight-line basis in amounts sufficient to amortize the cost of the assets over their estimated useful lives of five to seven years. The Organization capitalizes all expenditures for property, furniture and equipment in excess of $500. EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 2. Summary of Significant Accounting Policies (continued) Net Assets — The net assets of the Organization and changes therein are classified and reported as follows: Unrestricted net assets — Net assets that are not subject to donor -imposed stipulations and that may be expendable for any purpose in performing the primary objectives of the Organization. Temporarily restricted net assets — Net assets subject to donor -imposed stipulations that may or will be met either by actions of the Organization and/or the passage of time. As the restrictions are satisfied, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the accompanying financial statements as net assets released from restrictions. Support and Revenue - The Organization receives its grants and contracts from various Federal and State Agencies. Support received from these grants and contracts are recognized in the period earned. The Organization also receives donations from public and private foundations, fundraising events and other sources and recognizes these revenues when earned. Contributions — Non -reciprocal contributions received are recorded as unrestricted, temporarily restricted or permanently restricted support depending on the existence and/or nature of any donor restrictions. When restrictions are satisfied in the same accounting period as the receipt of the contribution, the Organization reports both the revenue and the related expense in the unrestricted net asset class. Contributed materials are recorded at their fair market value where an objective basis is available to measure their value. Such items are capitalized or charged to operations as appropriate. At year end there is an indeterminable amount of donated goods on hand for distribution. Contributed Services - During the years ended June 30, 2017 and 2016, the value of contributed services meeting the requirements for recognition in the financial statements was $- and $11,632, respectively for contributed accounting services. Income Taxes - The Organization is exempt from federal and state income taxes under Section 501(c) (3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, respectively. Accordingly, no provision for income taxes is included in the financial statements. In addition, the Organization has been determined by the Internal Revenue Service not to be a private foundation within the meaning of Section 509(a) of the Code. There are no unrecognized tax benefits identified or recorded as liabilities for the year ended June 30, 2017. EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 2. Summary of Significant Accounting Policies (continued) Income Taxes (continued) - The Organization files form 990 in the U.S. federal jurisdiction and form 199 in the State of California. The Organization's federal and state returns are subject to possible examination by the taxing authorities until the expiration of the related statutes of limitations on those tax years. In general, the federal returns have a three year statute of limitations, and the state returns have a four year statute of limitations from the filing date. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the reporting date and revenues and expenses during the reporting period. Actual results could differ from those estimates. Functional Allocation of Expenses - The costs of providing the various programs and other activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated to the programs and supporting services benefited. 1 Fixed Assets Property and Equipment consist of the following: Furniture and office equipment, purchased Furniture and office equipment, donated Vehicles Total Furniture and Office Equipment Accumulated Depreciation Net Book Value Leased property consists of the following: Office equipment Accumulated amortization Net Value - leased property Net Fixed Assets 2017 2016 $ 2,342 $ 2,342 1,830 1,830 16,745 16,745 20,917 20,917 20,917 20,917 2,027 2,027 1,378 973 649 1,054 $ 649 $ 1,054 Depreciation expense for the years ended June 30, 2017 and 2016 was $- and $-, and amortization expense for capitalized leases totaled $405 and $405, respectively. Normal repair and maintenance costs are expensed as incurred. The depreciation policies followed by the Organization are described in Note 2. -10- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 4. Restricted Deposits Included in cash are temporarily restricted contributions which consist of the following restrictions: 2017 2016 Use Restrictions - Program $ 12,500 $ 1,824 Time Restrictions 1,833 66,667 Total Restrictions $14,333 $ 68,491 5. Capital Leases The Company leases certain office equipment under capital leases. At the expiration of the lease terms, the Company may exercise options to purchase the equipment. Obligations under capital leases: Equipment loan payable at $80 per month including interest at 27%, secured by an officer copier. The lease expires May 2017 Current portion of long term debt Non-current portion of capital lease obligations -11- 2017 2016 $ - $ 709 709 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 6. Commitments and Contingencies The Organization leases its office facilities under month-to-month operating leases. Total rent expense related to these leases for the years ended June 30, 2017 and 2016 was $2,700 per year. The Organization leases two apartments for the transitional housing program. The rent expense related to these leases for the years ended June 30, 2017 and 2016 was $- and $13,000, respectively. This portion of the transitional housing program was discontinued on January 1, 2016. 7. Subsequent Events The Organization has evaluated events and transactions occurring subsequent to the statement of financial position date of June 30, 2017, for items that should potentially be recognized or disclosed in these financial statements. The evaluation was conducted through February 11, 2018, the date these financial statements were available to be issued. No such material events or transactions were noted to have occurred. -12- FAMILY SERVICE CENTER City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: _Manuel Carrillo, Jr. _ (Previous Year Allocation):_$25,000 Phone Number/Ext. _Ext. 314 CDBG Amount Requested: $__,25,000—Other Funds: $_57,500_ Total: $_82,500 (Please attach a copy of your proposed budget) Project Description: Family Service Center The Family Service Center offers a variety of social service assistance to the residents of Baldwin Park The FSC is centrally located and is easily accessible to all the residents. The services offered at the FSC include but are not limited to: medical access referrals, food bank referrals, emergencv shelter vouchers emergency food vouchers employment counseling, homeless prevention referrals, mental health referrals emergency transportation case management referrals, tutoring, and educational services assistance. Over 200 clients are assisted monthly at the center. Many of clients face severe economic hurdles. Staff is committed to assisting those clients in need by identifying local resources and services. The target service area is low to moderate low income residents. Staff is requesting the amount of $25,000.00 to offset the costs of full time staffing for the facility. As noted above the general fund contributes to the operation of the Family Service Center by covering expenses for utilities materials and supplies building maintenance, outside printing and part time staffing (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: Individuals or —500—Households For CDBG Department Use Only: Recommendation: Approved 71 Deny = $_ National Objective /Eligible Criteria V'7t ►nN 07 201 � Reviewed By Approved: GRAFFITI REMOVAL City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Victoria Valverde Phone Number/Ext. 960-3993 ext 513 (Previous Year Allocation): $30,000.00 CDBG Amount Requested: $40,000.00 Other Funds: $ Total: $40,000.00 (Please attach a copy of your proposed budget) Project Description: This request will provide the GAP the funding for graffiti abatement services at public facilities within the City of Baldwin Park including: City Civic Center, ARC Center, Morgan Park, Shyre Park, Hilda Solis Park (Teen Center/Skate Park), Barnes Park, and Walnut Creek Nature Park. The GAP will provide services to remove approximately 350,000 square feet per year throughout the community. The GAP currently provides free service for the removal of arafOti: in actuality, the responsibility is on the property owner. However, oftentimes the -graffiti is not removed in a timely manner, necessitatina the GAP to intervene for removal. The subsidy will assist by removing araffiti throughout the community in the timely manner and more importantly the aesthetics of the community is maintained on a daily basis. The Public Works Department/GAP desires to continue the current program of assisting wherever graffiti exist on the public facilities. Therefore the department is requesting the fundina of $40,000.00 to be reinstated for FY 2018/2019. Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: Individuals or Households For CDBG Department Use Only. Recommendation: JAN 0 2019 Approved= Deny= .,,,F .S SING PRIDE PROGRAM City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: David Leon Phone Number/Ext. (626) 960-1955 X 404 (Previous Year Allocation): $20,000.00 CDBG Amount Requested: $39,981.00 Other Funds: $00.00 Total: $39,981.00 (Please attach a copy of your proposed budget) Project Description: The PRIDE program is specifically designed to deal with at risk youth. It utilizes proactive and innovative techniques for positive redirection. Overseen by Baldwin Park Police personnel, the 10 -week program offers treatment, prevention and disciplinary components to alter negative behavior. The PRIDE program is a collaborative effort between law enforcement and community-based organizations, with law enforcement being the facilitator. The objective of the program is to identify problems within the family that have surfaced through juvenile delinquency. Juveniles with antisocial behavior such as truancy, incorrigibility, minor law offenses, etc., may be considered for the program. The components of the program are: Intake Night, Counseling and Family Action, Community Service, Physical Training, Behavior Modification, Career Guidance and Classroom Curriculum. The requested funding will allow the Police Department to host one PRIDE program consisting of 40 youths. Accomplishment Data The goal of the program is to complete one 40 -youth PRIDE program with a 100% graduation rate. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Households Projected Number of Beneficiaries Served: 40 Households For CDBG Department Use Only., Recommendation: Approved 0 Den $ National Objective /Eligible Criteria Comments: Reviewed By. Boot Camp Budget CDBG 2019/2020 Learning for Life / Insurance for POST 1906 $500.00 Museum of Tolerance $375.00 Staff and 40 students Bus Travel to Various Events $1,000.00 MRE Meals: $2,400.00 $80.00 x 30 cases Uniforms - Students $1,600.00 $40 x 40 Uniforms - Police Staff $2,000.00 $400 x 5 Graduation uniforms $600.00 $14.00 x 40 Salaries for Staff rate hours Officers (5) $43.31 100 $21,655.00 Supervisor (1) $54.27 100 $5,427.00 CSO (1) $25.78 100 $2,578.00 Miscellaneous: Plaques $613.00 Graduation Refreshments $220.00 Office Supplies $165.00 Speaker Fees $500.00 Drug Test Kits $348.00 TOTAL FOR ONE PRIDE BOOT CAMP PROGRAM: $39,981.00 hIVtW I JAN 8.7 2019 `A-..� RECREATION/SPORTS SUBSIDY City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: _Manuel Carrillo, Jr. Phone Number/Ext. _Ext. 314 (Previous Year Allocation): $3,500 CDBG Amount Requested: $ 3,500 Other Funds: $ 7. 000 Total: $ 10.500 (Please attach a copy of your proposed budget) Project Description: Recreation Subsidy Proaram This program provides children of low -moderate and to very low income families in the community with a subsidy that will allow them to participate in organized youth sports programs and recreation classes Currently, the City offers 70% of a child's registration fees in an amount not to exceed $125.00 per child regardless of family size Staff requires that all participants provide proof of address and income verification The Recreation and Sports Subsidy program has been instrumental in providing children with an opportunity to receive positive recreational experiences, regardless of their ability to pay. The entire amount of $3,500 will go directly to participating families The department absorbs the remaining costs and/or expenses for utilities materials and supplies, building maintenance, outside printing expenses, and part time staffing. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: _75 Individuals or Households For CDBG Department Use Only: Recommendation: Approved = Deny = $ National Objective /Eligible Criteria Comments: Reviewed By: JAN 0, 71010 ST. JOHN'S CHURCH SOCIAL SERVICES APPLICATION CHECKLIST ORGANIZATION St. John the Baptist Social Services Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo at (626) 960-4011 ext 354. 1. X APPLICATION FORM 2. X BUDGET PROPOSAL (ATTACHMENT A) 3. X BOARD OF DIRECTORS AFFIDAVIT 4. X ORGANIZATION BY-LAWS 5. X CHARTER OF ARTICLES OF INCORPORATION 6. X IRS TAX EXEMPT STATEMENT 7. X MOST RECENT AUDITED FINANCIAL STATEMENT 8. X PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on January 10, 20191. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2017-2018 PLEASE TYPE OR PRINT AGENCY INFORMATION Agency Name: St. John the Baptist Social Services Agency Address: 3883 Address Baldwin Park Blvd. Baldwin Park 91706 Street City Zip Code Agency DUNS* 171092380 Administrator: Michael Ward Title: Director Of Social Services Administrator Telephone: (626) 337-4223 Fax: (6261472--0029 Administrator Email: sibsocialservicesCa mail -(-nm Project Site Address: 3912 Number Stewart Ave Baldwin Park 91706 _ Street City Zip Code Project Manager: Michael Ward Title: Director of Social Services Project Manager's Telephone(6261337-4223 Fax: (626) 472-0029 Project Manager's Email: sibsocialservicesO-amail.com Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). St. John the Baptist Social Services has been serving those in need since 1949 It offers_ a vaneof services regardless of religious affiliation These include food aid, citizenship test preparation emergency financial aid parenting and violence prevention class aerobics/Zumba onsite CalFresh and Medi Cal registration health and wellness proiects and youth services The goal of the pro ram is Iona -term solutions to issues clients face Has the Agency previously received funding from the City of Baldwin Park? A Yes (if yes, number of years 9__J No -4- PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $ 2.150 Scope of Services —. Please briefly describe your proposed Project/Program and the objectives. The parenting and violence prevention class gives clients the opportunity to improve their lives and those of their families and partners by providing ways to reduce conflict levels and seek solutions for any Iona -term causes The class is taught by a licensed social worker who holds a MSW and currently works for the Downey USD. The course is offered in Spanish and/or English as needed by clients. The Los Angeles County Probation Department has also approved the class for clients needing court-ordered sessions (graduates receive certificates to show completion). In addition the program is augmented by other resources from the Social Services office such as food assistance Job placement assistance, etc. The clients are also contacted for follow -UD and case management. They also are aided with things like Thanksgiving Day food baskets to avoid potential issues during tense times like the holidays Client comments have been positive and several have returned voluntarily for additional sessions. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The clients are largely Darents in distressed families Some are voluntarily attending. Others are via court order or probation department requirement (either due to personal actions or those of their children) Describe any special characteristics of your client population. Many of these families are in situations of either spousal/partner abuse and/or child abuse, drua use, etc. Many receive and require significant additional case management Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). Not Applicable For This Section -5 CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes No If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yes X No 2. Address Yes X No 3. City in which client last resided. Yes X No 4. Number of family members. Yes X No 5. Total family (household) income. Yes X No 6. Ethnicity Yes X No 7. Female head of household Yes X No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Print Name Signature -6- Director of Social Services Title of Officer Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the aroiected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year -7- Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS 7 10 NON-BALDWIN PARK RESIDENTS 0 0 -7- Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: ■ Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) X The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible -income persons. BUDGET In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your 'agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. -8- 0A W N W Qo v W c" A W N -� D O oCD CA p a Map CD r 3 n n 3 -n m CL �' = V o "• a 3 �D -ti --I n 00 W � oV i N i mto n � CL CO) C O m Q 7 7 m a 00 N L �W co M o oa o .�, N 3 -o o CL -, o, c 0 o, CL -n -i �* CL - ca IV C CL N 0 'C C m w N -� CO Opo -4 CY) Cn .p W N O O O CD C c O O= lD m� m :3su c M n n (`D (N ' „ � �p a (LZ O °' ° m ? c 3 co x 03D to z 0 a CD .x C gp ? c a N c CD tG mN r CD 0 0 ... �• _ Q) m w cD � 0 � N "� CA 00 N O O O O O O�• O 0 coi +nom 1 'f7 N co O O c O O O � 1 CL(A rt RD s 4 C 0 4O 0 o O O O aL a fm a a N N N -� f'7 n N G L 0 � 0 0 0 o 0 � -. o 0 W m Z! N N -0.0-o O O O O O C 7 O 7 � � CL CA N O 0 c a W CL cc Ca CA N O wUI CO 'i co c 0 CO 0 Cfl 0 0 O CL cc BOARD OF DIRECTORS Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires 1.0felia De Guzman President 2019 2.Veronica Moreno Vice President 2019 3. Luisa Farrar Secretary 2020 4.Victor Chavez Community Relations 2020 51upe Villanueva 2021 6.Hector Carrillo 2020 7.Preciosa Marasingan Financial Secretary 2020 8.Ana Rosa Rodriguez Food Program Chair 2021 Name of Executive Director Michael Ward CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -11- AGENCY CERTICATION As the Executive Director, or duly authorized representative of St. John the Baptist Social Services (Agency), I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Print Name Signature ( 626) 337-4223 Phone Number sjbsocialservicesO-gmail.com Email Address Director of Social Services Title of Officer Date Has the agency received notification of findings or concerns in the past 5 years? no If Yes, Please explain Please provide corrective actions taken: -12- St. John the Baptist Social Services Oreanization By -Laws St. John the Baptist Social Services operates under the auspices of St. John the Baptist Parish, which in turn operates under the Archdiocese of Los Angeles. For this reason there are no specific by-laws. St, John the Baptist Social Services Charter of Acts of Inco oratJon St. John the Baptist Social Services operates under the auspices of St. John the Baptist Parish, which in turn operates under the Archdiocese of Los Angeles. For this reason there are Acts of Incorporation. The parish was formed in 1946 under the Archdiocese, which is a Corporation Sole under th State of California. a laws of the Internal Revenue Service 01ietrict Dtreator C* JON 2r Q 1945 Ultimate District VSs. Deirdre Halloran Associate.General Counsel united -States Catholic Conference 3211 4th Street, N.z. Washington, D.C. 20017-1194 Dear its. Halloran: department of the Treasury 31 Hopkins Ptaza, Baltimore, Md. 21201 Telephone: (410) 96.2605`8 In a ralliaq darted Ma rch ZS, 1966, we held that the agencies and ,instrwaentalities and all educational, charitable. w4 religious institutions .operated: supervised, or controlled by or in cnts=tion with the Haman. Catholic Church in the United States, its territories at posse:etsicune. Appearing the Official catholic Directory frog 1946, are eatit3ed two exemption pear federal fncame tax under the provisions of section 141 (6.) of the lrsterna l Revenue code of 193?, which corresponds to sectican- 5QUc) t3.) of the 1986Ct.de. This ruling has been updated annual # to caret the activities addetd to .a deleted from. the, Directory. The Official -Catholic Directory for 1995 shows the names or addresses of all agencies and ins trumeatalities and ill.aducational, charitable, and religious institutions operated by the RomanCathalic Church in the United States, its territories and possessions in existence at the time the Directory was published. rt is understood that each of these is a non-profit organization, that no part of the net earnings thereof inures to the benefit of any individual, that no substantial part of their activities is for promotion of legislation, and that none are private foundations under section 509 (a) of the Code. Based on all information submitted, we eoaclude that the agencies and instrumentalities and educational, charitable, and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, its territories or possessions appearing in the Official Catholic Directory for 1995 are exempt from. federal income tax under section 5o1{c) M of the Cade. Donors may deduct contributions 'to the agencies, instrumentalities and institutions referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to them or for. their use are deductible for federal estate and gift tax purposes under sections 2055, 2106, and 2522 of the Code. -2 - RA.. Deirdre Halloran Beginning January 1, 1984, unlessL specifically :excepted, you and your sstbordinates must pay tax under: the Federal Insurance Contributions Act (Social Security taxes) for each employee who is paid $104 or more in a calendar year. You and your subordinates are not liable for tax under the Federal unemployment Tax Act (FUTA). Next year, within 90 days before the close of your annual accounting period, or by May 31, the data established by our letter of April 28, 1975, which gage an extension of time to file the information, please send one. copy of the Official Catholic Directory of 1995 for each Internal Revenue District in which one or more of your subordinates are located, with four additional copiers to this office. The conditions concerning the retention of. your group exemption as set forth in our previous determination letter of August 17, 1983 remain is full farce and effect. Sincerely yours, r Paul M. Barrington District Director 8/9/2018 Annual Parish Report FY 2018- St. John the Baptist 462 Schedule D Receipts Bank Account as of June 30, 2018 I. Summary (Including club bank accounts, PTO bank accounts, etc.) Account Name of Bank= Purpose: Savings/ Checking Bank Balance HURCH BANK OF WEST CHECKING 16,307.7 REL ED IBANK OF WEST 112,613.45 31,733777 HECKING FESTIVAL -1 BANK OF WEST CHECKING 113,144.62 OCIAL SERVICES BANK OF WEST HECKING t 1,514.6 GIFT SHOP IBANK OF WEST 9,522.15 HECKING 0.0q 0.0011 0.00 0.0 0.00 0.00 1172,222.86 0.0 0.0 $0.00 0.0 0.0 $24,764.29 0.00 - - Total 0.00 $0.00 0.0 Schedule E II. Reconciliation --Book Balance as of June 30, 2018 Account Bank Balance Deposits in Transit Outstanding Checks Other Book Balance CHURCH 16,307.70 0.0 21,503.1 0.0 -5,195.46 REL ED 31,733.77 0.0 600.0 C 0.0 31,133.77 FESTIVAL 113,144.62 0.0 531.17 0.0 112,613.45 SOCIAL SERVICES 1,514.62 0.0 1,415.3 0.0 99.25 GIFT SHOP 9,522.15 0.0 714.59 0.0 8,807.56 0.00 0.0 0.0q 0.0011 0.00 0.00 0.00 1172,222.86 0.0 0.0 $0.00 0.0 0.0 $24,764.29 0.00 0.00 0.00 $147,458.57 Total - 0.00 $0.00 Annual Parish Report FY 2018- St. John the Baptist 462 Questions 1. Are there any Bank Accounts other than those in the name of the No parish or the diocese? (Including club bank accounts, PTO bank accounts, etc.) 2. How many Catholics are in your parish? 120,000 3. How many Catholic families are in your parish? 10,000 4. Pledge Capital Campaign hftps://fsrpt.la-archdiocese.org/FSRPT/padsh/print-Par.asp 7/11 YOUTH EMPLOYMENT City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: _Manuel Carrillo, Jr. Phone Number/Ext. _Ext. 314, (Previous Year Allocation): $15,000 CDBG Amount Requested: $ 18.000 Other Funds: $ 15,000 Total: $ 33,000 (Please attach a copy of your proposed budget) Project Description: Youth Employment Program The program provides summer iob opportunities for youth in the Baldwin Park community who need employment experience The program provides iob opportunities for low to low -moderate income youth aged between 16 to 21 years old. Each student will receive approximately 150 hours of work experience The youth employment program complements the City by acting as a feeder program for regular part-time positions Every year, all funds are exhausted and with the minimum wage increase this will be an additional factor in the costs of the program this year. The youth play a valuable role and benefit from this valuable learning opportunity while they contribute to the daily operations of the City. The entire allocated amount goes towards funding the salary for the youth who are employed and due to the continuous increases in wages we will have to reduce the number of participants if additional funding is not provided. The department will use other funds to absorb the administration costs of the program including expenses for utilities materials and supplies uniforms outside printing expenses, participant supervision and program management. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: —8—Individuals or Households For CDBG Department Use Only: Recommendation: Approved F-1 Deny F-1 $ National Objective/ Eligible Criteria Comments: Reviewed By. Approved: I ZQ19 YWCA OF SAN GABRIEL VALLEY APPLICATION CHECKLIST ORGANIZATION 0 Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo at (626) 960-4011 ext 354. 1. /' APPLICATION FORM 2. BUDGET PROPOSAL (ATTACHMENT A) 3. ✓ BOARD OF DIRECTORS AFFIDAVIT 4. X✓ ORGANIZATION BY-LAWS 5. 1Z CHARTER OF ARTICLES OF INCORPORATION 6. ✓_ IRS TAX EXEMPT STATEMENT 7. •/ MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on January 10, 2019. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2017-2018 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: YWCA San Gabriel Valley Agency Address: 943 N. Grand Avenue Covina, California 91724 Agency DUNS#: 626495519 Administrator: Ana Interiano Title: Chief Program Officer Administrator Telephone: (626) 214-9451 Fax: (626) 814-0447 Administrator Email: Anai(a-vwcasay.org Project Site Address: 4100 Baldwin Park Blvd. Baldwin Park, California 91706 Project Manager: Project Manager's Telephone: Project Manager's Email: Title: Fax: Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). The YWCA Senior Services Program provides individualized services that enable older persons to live in their homes with independence and dignity. Our focus is on reducing the risk of institutionalization and on reducing barriers to service experienced by older adults. Services can be provided in the home, senior center, or any accessible location that ensures safety and confidentiality. Our services are provided in the San Gabriel, East Los Angeles, and Pomona Valley. Partnering with various organizations, the YWCA provides a variety of effective resources to help people age 60 and over and those over the age of 18 with disabilities. Our services are designed to relieve distress, alleviate social isolai .?nsum tna nior and ,.. ; "4 - AN 10 2010 HOUSING persons with disabilities are able to remain as independent as possible — which, for many, means providing the services necessary to enable them to stay in their own homes. Telephone Reassurance is provided through phone calls to homebound older persons. These telephone calls are a consistent point of contact, friendship, reassurance and a source for information about programs and services. Home Delivered Meals program provides healthy meals to homebound seniors. The meals can be hot lunches that are delivered each weekday or can be frozen meals that are delivered in a package. Congregate Meal program is offered at 24 locations throughout the San Gabriel Valley, San Fernando, and East Los Angeles. We provide Community Outreach through our Senior Services program. We provide and disseminate program information to the public on what services may be available to potential clients and also market program services to all ethnic groups. Senior Services Case Management Program is of critical importance to frail, homebound seniors. The program connects seniors with a broad array of services and support to enable them to remain in their homes. Services include transportation, case management, information and referrals, housekeeping services, respite care, legal services, referrals to mental health services, and community education. Services are offered at many of the local senior centers, client homes, and at the YWCA office. Has the Agency previously received funding from the City of Baldwin Park? Yes (if yes, number of years ) X_ No PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $10,000 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The goal of the YWCA Case Management Services (Case Management and Information & Referral/Assistance Services) is to connect seniors with a broad array of services that enable them to remain in their homes for as long as possible. These services include but are not limited to: • Access to services such as transportation, case management, information and assistance; and in-home services such as personal care, chore, and homemaker assistance. • Community services such as legal services, mental health services, and adult day care. • Community education and related programming that help to coordinate and integrate services for seniors such as health screening, exercise/health programs, etc. Case Managers will provide 16 hours of on-site service per month at the Baldwin Park Senior Center and an average of 4 hours services off-site in clients' homes weekly. The YWCA San Gabriel Valley Senior Services' model of providing effective Case Management and Information and Referral Assistance Services is based on the concept of linking clients to a culturally competent, locally accessible and cost-effective integrated continuum of supportive services. In addition, our agency has proven its ability to respond in a timely manner to client's requests for service, and within several hours if the request is urgent. -5- Cultural/Linguistic Competency— Every one of our current case managers is either bilingual or multi-lingual; therefore, we are able to eliminate cultural/linguistic barriers to service and quickly connect clients with appropriate solutions and services. Our staffs cultural diversity eliminates cultural barriers to the linking of supportive services. Integrated Continuum of Services — The YWCA's broad range of supportive services which includes multiple nutrition service options, case management, information & referral/assistance, telephone reassurance, homemaking/chore service, and extensive outreach, education and referral services supports our goal of a seamless system of care for older adults who wish to continue living independently, including -those who are frail. Local Access — Another advantage of our supportive services/case management program is that we connect on a daily basis with our target population due to our extensive service delivery system of 23 senior activity and meal centers and our large home delivered meals service area. Social service agencies within our service area are familiar with YWCA Senior Services and do not hesitate to contact us if they have questions or referrals. Many of our clients are able to continue to function in their own homes, and in most cases improve their quality of life, by reaching or maintaining a thriving, safe or stable self-sufficiency baseline. Our case management model follows traditional methodologies based on the National Association of Social Workers (NASW) protocols with the ultimate goal of increasing clients' self-sufficiency and assisting them to achieve their full potential. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The clientele that will benefit from our case management services will be the elderly and disabled adults. Describe any special characteristics of your client population. The YWCA San Gabriel Valley will provide Senior Case Management with Information & Referral Assistance services for seniors and/or disabled adults residing in Baldwin Park. This program will serve senior clients with primarily low to moderate income. These seniors and/or disabled adults, based on our experience, will also have health, social, emotional and housing issues. Our goal is to keep seniors healthy and enable them to age in place with the ultimate goal of increasing their self-sufficiency and assisting them to achieve their full potential. The clientele that will benefit from our case management services will be the elderly and disabled adults. Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). We have not received previous funding through Baldwin Park's CDBG program. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies -6- obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 8 regarding Presumed Benefits. Does your agency obtain this information? X Yes Im If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yes—X— No, 2. Address Yes —X— No 3. City in which client last resided. Yes—X— No 4. Number of family members. Yes —X— No 5. Total family (household) income. Yes—X— No 6. Ethnicity Yes_ X No 7. Female head of household Yes —X— No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Print Name Signature ACCOMPLISHMENT DATA -7- Title of Officer Date Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: C;;;s Youths Households Please provide the actual number of your agency's total clients assisted to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: ■ Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). -s- Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS 34 80 NON-BALDWIN PARK RESIDENTS 188 400 Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: ■ Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). -s- ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) X The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible -income persons. BUDGET In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. -9- 0 nP W N W �1C3)Cr�WN-� D C CO) O jr Cy <a CD CD CD 0 co O r*'xt cn 3 CD � 'a CD N CD N rt d N O X CD :3 n r v N n3'n� N 3 ' :r_ M =10 M y ° c a N � .'h Ix mnO T n 00 C W C o �W o -o N '" oo ca 9 C C C CD � N CD C 7 C CO) C C. m a os "opo 00 po `; 0 .i oo o G) ap co ,w pp '4 ,c°� y C W O O C �' :O O .,, C. O a -n -i c o m CL co m ' CL of �t V X 0 IVO CO) v sr V NX 0 0O ;m .,v — — — — W of -4 rn cn � N - v C— n n W 'v O C p �� r ° a C:cCn c(n :3 :3 �' c0 0 CD o -v ='� m m M cv A) O q a C Cc CD •-� � @ CD C/) c� o o CD cn �;, cc n n a, n -0CD m 0 jZ (A co cc W G7 CD CD o to Cot) 3 c cQ m CL m r- m a con x 'v cr = v N — -o 3 a, �* .. _ a' y m r � N 0 y 00 N � G) OD T N tC � c g 7 � CL N O 0 c m C O � CL m i V �P V N N N C v n004 O i �9 .CNO O x 0) CO � W W W � O N O g, OPOL 'O CD O 'a CL CO) 0 y O c a W � c CL m CL_ m V NX 0 0O ;m .,v BOARD OF DIRECTORS Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. YWCA San Gabriel Valley 2019-2020 Board of Directors Roste Name Title Term Expires 1. 2. 3. 4. 5. 6. 7. 8. Name of Executive Director: Debra Ward CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start-up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. -12- G) -0 CD 3 CD m chi 0 0 �. m °' CD m a m m co n�i m w `5 CD ON �� z 0 CD CD to \ m ?-n N 3 W 0 2 W 3 3 v 3 0 m c (c c w <_. v Q o� 3. 3 rr (D v, ? o (c 0 co O 3 W N O O N Q Q Q U Q Q u01iN T TV O a c. 3 CL 0 O !o CL (p - -n__..___ c oo C �__._. mcg 0 _. N (D �3 0__.____._.. ° 0. O 3 ID ° c 3 0 In 0.n. ate' CD �aC Cl :3°,� 0 o n (� o m oo �. <° c > �' ° c °� o a su a, D -° a o X11 Cl) � S p3 N (D <. CDccuo� > > @ N 0 0 o 0 0 m ° W 9 c `� 0 n G) D .a (c m � — = ° Q � � ° C Q _ p < N n N N Q LD C (D 0 Q (D �. w N � O = .O+ 0) =rC O. 3 O N v N(M0 ONO O O 3 j s 'i a 3 CD ^� AO 3 aCMD O O N = b w <) 0 n O 3 .. O 0 PF d 0 3 13 3 \\ 09 to X 0 ML _..._._._.._._.._ __..---.._..._ _ ..___ ..._.____ __.._______._..___..__.___.._..._._....__.._..__.._._.._... 01 ONi V1 N V P W 0) 0) ba co O> K) co C" 00 N -I W V0 (DW 91(�J co V N W CIJ W W -& 00 pVj N -N► "14��f ((n ? -N' O P coo N 000 W 0 O AGENCY CERTICATION As the Executive Director, or duly authorized representative of YWCA San Gabriel Valley, I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Ana Interiano Chief Program Officer Signature Date (626) 214-9451 Phone Number anai-ywcasay.org Email Address Has the agency received notification of findings or concerns in the past 5 years? If Yes, Please explain: No findings or concerns in the past 5 years. Please provide corrective actions taken: N/A -13- State of California Secretary of State CERTIFICATE OF STATUS ENTITY NAME: YWCA OF SAN GABRIEL VALLEY FILE NUMBER: C.01636-28 FORMATION DATE: 08/05/1935 TYPE: DOMESTIC NONPROFIT CORPORATION JURISDICTION: CALIFORNIA STATUS: ACTIVE (GOOD STANDING) I,.ALEX PADILLA, Secretary of State of the State of California, hereby certify: - The records of this office indicate the entity is authorized to exercise all of its powers, rights and privileges in the State of California. ,No information is available from this office regarding the financial condition, business activities or practices of the entity.. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of January 22, 2015. ALEX PADILLA Secretary of State NP -25 (REV 01/2015) MAX Form 990 OMB No. IW -0047 Return' of Organization Exempt From Income Tax Undetsection.501(c), 527, or 4947(a)(1) of the Internal R06nutt Code (except private foundations) Q0 Q "bil—"" the Treasury WIN NOW Do not enter social Security numbers on this form as it may be made public Pam R .1k -c Interval tetanus Information about Form 090 and 6 Instructions W41: www.fmgov/form990, A Forthe2016 calendar yearor tax year beiinning 7/01 g016, and endirig 6/30 2017 B Chad; If applicab.10; C D employer fitentification "umber Address change YWCA of San Gabriel Valley 95-1641967 Name 0 . " m"W 943 N Grand, E Tejap Me Infifial return Covina. CA 9172`4 (626) 960-2995 Amended return IQ Gross'receipts $ , T, 886., OIL Application pending F Name and address oiprinq1pal officer: Ana Interiano n(e) Is this aglrmllp return for submt0hates4j Yes No 0) Await stWdkr Ind P U Y" us Same As C Above I Tax-werript status 1XI5010P I 1501(c) )4 (insert no:} I 14947(aXIT 110 If No,' aflach a st, 0 %Iud.) J Wobd1o."I', www.: Xwcasm�,. or g Wc) Group 0"rription mxnber W Form oftrgimitation: XICarporstion I ITrust I I Association I I Other,- ILYearofformation: 1935 1 M StaW.of legal domicile: CA it 1FX,JU`!n4 *IgnRWM PJ0PK Under penatt es of gy, I declare that I return accompanying sowdules and statements, and to the bat of my Wwwledga and belief, it is true,correct, OW .rag t on a including parer (other information of which preparer has any knowledge. Sion Signature of officer P* Here Ana.Int.eriano Interim CEO ,Typeor pnn; parre and true Doj Printrrype preparees-name Date ta (sack If PnN Paid Roll -and Vasin, sin 1 5/08/18 - sail—psoyed IPOO'644-882 Preparer Firm's name Va.4in, Heyn & Company USO, 0111y Firm's address 50,00 N. ParWay Calabasas *2.01 Plan's EIN W 95-4401.626 Calabasas, CA 91302 Phi no. (818) 222-3500 May the IRS discuss this returnrWith the preparer shown above? (see instructions),,,.. , ............ A . . . . . . . . ! . , 1XI Yes I INo SAA Foe Paperwork Reduction Act Notice, seethe separate instructions. TEEA01113L 111/1V16 Form 990 (201. 1 Briefly describe the organization's mission or most significant activities The 4 San Gabriel Valley Is, 4� _ — i �.!ri d MjjT I t I smi iliiq aq- USUCe CiC a7 Kul d 1;0 -AIL _P_ - %QL freedom - and di LEXLiMf2t. all 2 Check this i& _► _07ifTe _oigin izstiondJ_sCbn_tln_u_� -its Weriaiiio-hs-;;c ifspo'ie7d R more than —25—%-0Wf itsnet 3 Number of voting, members of the g9vemingbQdy (Part V1, line 1a)..., .......... ................ :3 10 4 Number of Independent voting members of ft governing body (Part VI, line 1b) ...... i_ .......... �4 5 Total num * Oer of Individuals employed in calendar year 416 (Part V, fine 2a).. � ....................... .5 169 6 Total number of volunteers (estimate 0 necessary).......... .......... ........ i .............. — ........ 6 328 Is T6.161 unrelated business ravenuefrom Part Vill, column (C),, line 12 ............................. I ...... 79 0. b Net unrelated business taxable income from Form ;990.7; .......... . . 7b 9 Contributions and. grants (Part Vill, line 1h)............... •i ...................... 9 Program service revenue (Part Vill, line 2g) ......................................... 10 Investment income (Part Vill, column (A)i lines 3, 4,a and 7d).... , ........ 11 Other revenue (Part Vill, column (A), lines 5, 6d, 8c, Sic, I Oc, and 11 e) ............. 12 Total revenue — add, linos 8 through 11 (Must equal Part Vill,. column line 12).... ,. Prior Year (41;Qvair 7,114,2 7, �057, Y98. 782,350, 703r32:9. -132. 14,915. 86,692. -94r,013.• Ti 983, 1894 7,.8159., 655. 13 Grants and similar amounts, paid (Part IX, column (A), lines 1-3) ...................... 14 Benefits paid to or for members (Part IX, column (A)., line 4) ......................... 15 Salaries, other Compensation, employee benefitsPart lx, column (A), lines 9-10) ..... 16a $a Professional , fundraising fees (Part IX, column (A), line 1 le) ......... b. Total fundraising expenses (Part IX, column (D), line 25) ► 157,039. 17 Other expenses Part IX, colurnh (A), liners 11a -.11d, 11 f44e) ............... IS total expenses. Add lines 13-17 (must equal Part IX, Column (A), line 25) ........ 19 Revenue less.expenses. Subtract fine 18 from line 12 ......... ........... 3,6815,835. 3,363,219f, F4 4,.816,000. 4,550,615, 8,302,925. 7, 913, 8`34, -519,7 6. -44,179. 20 Total assets (Part X, line 16) .................................... .................. 21 Total 116b,1111:10s (POO X, fine 25 ........................ ........ 22 Net assets or fund balances. Subtract line 21 from line 20 .... Beginning of turrerif Year End Of year 2,833,062.1 2,707,56G.. it 830, 568.1 1, 654, 472. 1 002 1053 06-8. , it 1FX,JU`!n4 *IgnRWM PJ0PK Under penatt es of gy, I declare that I return accompanying sowdules and statements, and to the bat of my Wwwledga and belief, it is true,correct, OW .rag t on a including parer (other information of which preparer has any knowledge. Sion Signature of officer P* Here Ana.Int.eriano Interim CEO ,Typeor pnn; parre and true Doj Printrrype preparees-name Date ta (sack If PnN Paid Roll -and Vasin, sin 1 5/08/18 - sail—psoyed IPOO'644-882 Preparer Firm's name Va.4in, Heyn & Company USO, 0111y Firm's address 50,00 N. ParWay Calabasas *2.01 Plan's EIN W 95-4401.626 Calabasas, CA 91302 Phi no. (818) 222-3500 May the IRS discuss this returnrWith the preparer shown above? (see instructions),,,.. , ............ A . . . . . . . . ! . , 1XI Yes I INo SAA Foe Paperwork Reduction Act Notice, seethe separate instructions. TEEA01113L 111/1V16 Form 990 (201. .v .I A • nonprofit public benefit corporation is required to furnish an additional copy of a corporate document for forwarding the Office of the Attorney General. One of your copies has been sent by this office in compliance with Section 5120(d), California Corporations Code. a SECRETARY OF STATE r; A0524099 WU I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached page(s) of transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. &W61w Form C8•1071mv. MM IN WITNESS WHEREOF, 1 execute this certificate and affix the Great Seal of the State of California this day of Secretary of a><aue 05PIttom A0Z'*')24099 CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION The undersigned certify that: ENDORSED — FILED In the aft of the Seerepry � Sj* of the State of t;a%w MAR 31 V9 Stli JONES, Seerorl el M* 1. They are the president and the secretary, respectively, of SAN GABRIEL VALLEY YOUNG WOMEN'S CHRISTIAN ASSOCIATION. 2. Article First of the Articles of Incorporation of this corporation is amended to read as follows: That the name of this corporation is: YWCA of San Gabriel -Ynlley 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing amendment of Articles of incorporation has been duly approved by the required vote of the members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: 3A.4Aff X&��4 4DZ- DO PRESIDE (11, // 4 JEAN FIFER SE TARP I CONSTITUTION AND BY LAWS OF THE SAN GABRIEL VALLEY YOUNG WOMEN'S CHRISTIAN ASSOCIATION ARTICLE I.NAME AND MISSION The Young Women's Christian Association of the SoLn Gabriel Valley, an affiliate of the Young Women's Christian Association of the United States of America, makes the following statement of Mission: The Young Women's Christian Association of the United States of America is a women's membership movement nourished by its root in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the Association draws together members who strive to create opportunities for women's growth, leadership and power in order to attain a common vision: Peace, justice, freedom and dignity for all people. The Association will thrust its collective power toward the elimination of racism wherever it exists and by any means necessary. ARTICLE II.MEMBERSHIP Section 1.t1ALIFICATIONS, RE UIREMENTS AND PRIVILEGES (a) jualifications for all members: Any woman or girl twelve t12) years of age or older, may join the YWCA. (b) MEMBERSHIP DUES Payment of dues is required. The amount of membership dues is as follows: (1) ADULT All members seventeen years of age and*over and out of school pay minimum dues of $20.00 per year, or $7.00 per year for seniors. A Family Packet is available for women which includes membership for the woman and included are all of her children under age 12. Membership is $20.00 per year. (2) TEENAGE All members in school through the twelfth grade, and all members below seventeen years and not in school, pay membership dues of $10.00 per year. (c) EXEMPTIONS Members of certain program groups may be exempted from YWCA membership by argon of the Board of Directors. Exemptions should be reviewed annually. (d) Qualifications fox Vot.ng Members All members, fifteen (15) years of age or older, skull have the privilege of voting- ' Section 2. Membership of Individuals in the National Association Membership in a member Association includes.membership in the YWCA of the United States of America, which is a participating member of the World YWCA. T;r* Section 3. Transfer of Membership Members from any other member Association of the YWCA of the U.S.A. may transfer their membership to this YWCA Association. ARTICLE III.RESPaNSIBILITIES OF VOTING MEMBERS Section 1. As Individuals The voting members, acting in accordance with provisions in �: ;::.�.• this constitution are responsible for: (a) electing a Board of Directors. (b) electing a Nominating Committee and any other standing �;.'•:• committees specified in this document as elected committees. :? Section 2. As a Corporate Body The voting members, acting in accordance with provisions in this Constitution are responsible for: (a) voting on any changes in the Constitution and on* any questions affecting the membership in the Young Women's Christian Association of the United States of America: (b) discharging such other responsibilities as are outlined in this Constitution such as receiving the report of the >•: ,':'=:`: Board of Directors for the past year, discussing proposals for the ensuing year, and acting on matters submitted by the Board of Directors for vote of the membership meetings. ARTICLE IV.MEMBERSHIP MEETINGS AND MEMBERSHIP EVENTS Section 1.Membership Meetings (a) Regular membership meetings. At least two membership meetings shall be held during the year, one of which shall be the annual business meeting and shall be held in October. ` (b) Special membership meetings. Membership meetings, other + than those provided for in Section 1, a, shall be called M by the president upon action of the Board of Directors or upon the written request of twenty five or more voting members. Notice of such a meeting shall be given at least two weeks-in advance of the meeting anal shall state ,. ..'"'. matters to be considered, and no other business shall be transacted. Section 2.AGENDA ' (a) Agenda Committee. The president shall appoint a : committee to prepare the agenda for each membership meeting. The committee shall include representatives from the Board of Directors, the committee responsible : for membership development and administration; and other YWCA leaders who will register areas of concern of the membership. t (b) Agenda. The agenda shall include matters of importance to the Association upon which the opinion of the voting members is desired. It shall be prepared and submitted to the Board of Directors or to the Executive Committee for approval in advance of the membership meeting. - The Board or the Executive Committee shall determine whether these matters are to be presented to the membership for discussion only or are to be submitted for action. (c) Agenda for the annual business meeting. The agenda for the annual meet ng of the Association shall include a report by the Board of Directors of the work of the Association during the past year, including a presentation of program and finance. Section 3.PARTICIPATION IN MEMBERSHIP MEETINGS (a) Voting members, Members, fifteen years of age and over, shall have the privilege of voting at membership meetings :in accordance with Article II, Section 1, c, of this Constitution. section 9.�,UORUM (a) Twenty-five(25) voting members of the Association plus a majority of the Board of Directors, shall constitute a quorum at membership meetings. ARTICLE V.NONMEMBER PARTICIPANTS Section 1.YWCA Associates. Men and Boys, twelve (12) years of age or over may participate in YWCA programs. They pay registration fees as determined by the YWCA Board of Directors. Ass,)riates do not have voting privileges. Section 2.Children Under 12. Children under twelve (12) years of age, participating in YWCA of San Gabriel Valley programs, shall pay a registration fee as determined by the YWCA Board of Directors. ARTICLE VI.QUALIFICATIONS FOR VOTING DELEGATES -TO CONVENTION. Voting delegates .to conventions of the National Association must be voting members who have consented to individual acceptance of responsibility to further the achievement of the mission in the life of the Association. ARTICLE VII. QUALIFICATIONS FOR MEMBER OF THE BOARD OF DIRECTORS, OF THE NOKINATING CCHMITTEEj AND OF STANDING CqNKITTEES. Members of the Board of Directors, the Nominating Committee, and Standing Committees must be voting members who have consented to individual acceptance of responsibility to further the achievement of the Mission in the life of the Association. ARTICLE VIII.BOARD OF DIRECTORS. Section 1.Number of Directors. l The authorized number of directors shall not be less than 15 nor more than 30 until changed by an amendment of the 4 Section 2.Responsibilities. Responsibility for carrying on the work of the Association shall be delegated to the Board of Directors by the electorate of the Association. ;.;.:';.,.t.;>. As the elected leaders of the 'YWCA, the Board of Directors is responsible for: (a) maintaining the YWCA as a separate autonomous women's organization with an established Mission; (b) fostering development of the Association as a women's ' { membership movement; (c) communicating the Mission to members and assuring that they have opportunities to take part in furthering t; ;:. x'�'$ .�:•:: (d) determining..and • carrying out the policies and program of the Association; (e) insuring that the Association's policies and practices reflect the YWCA'S organizational commitment to racial, ethnic and cultural diversity; (f) controlling operating funds and capital assets for the use and benefit of the Association; assuming final responsibility for personnel policies and for employment of staff, requiring the Chief Executive officer to be a voting member or associate of the Association; (h) maintaining a responsible -relationship with the National Association in accordance with Article II of the National Constitution; (i) electing the officers of the Association; (j) establishing the program of the Association and the planning process by which it is determined. (k) determining those matters to be presented at membership meeting for review and discussion and those matters to be submitted for vote. The Board shall accept the action of the membership meetings on those matters submitted for vote and shall take into account the discussion at the membership meeting on matters presented for discussion only. (1) reporting at the annual business meeting on the work of the Association during the past year and on plans for the ensuing years (m) approving all contracts and leases; (n) determining the number of directors composing the Board of Directors. Section 3.Election Term of Office Vacancies. (a) Election. One-third of the entire number of the Board of Directors exclusive of ex -officio members,, shall be elected annually by voting members from candidates XI this nominated according to provisions in Article of document. = "r (b) Term of Office. The term of office is three years. The date of the annual business meeting of the membership at which election of board members is reported is the date on which such terms of office begin and expire. No member of the Board of Directors may serve more than two ;14,* t•"V+.V, full 'terms in succession unless exception is made �• zf_,,f.. according to the following provisions: :'~'' '• (1) Exception may be made when renomination to the Board ";:;':.•:.:'`. of Directors is requested by the Nominating ==' Committee of the Board in order that the member .` serving two full terms previously may be nominated for her first term as president of the Association. (2) Exception may be made to extend the term of a :. president by nominating her to fill a vacancy for not more than two years of an unexpired term when unusual circumstances require continuity in the office of -president. •; (c) Vacancies. Any vacancy occurring in the interim between ;::;, . .• :`.; annual elections shall be filled by the Board of Directors from nominations made by the Association's Nominating Committee. The person elected to fill such a vacancy shall then be eligible for nomination and election for two succeeding full terms. Section 4.Place of Meeting. :;:._• ? Meetings of the Board shall be held at any place within or ,:'; without the State of California which has been designated from time'to time by the Board. in the absence of such designation, ;;•.:�- regular meetings shall be held at the principal office of the Corporation. Section S.Annual Meetings. :. •3; '' '.'.=. The Board shall hold an annual mebting, at a time and place designated by the Board, for the purpose of organization, selection of directors and officers and the transaction of other business. Section 6.Regular Meetings. There shall be not less than ten(10) monthly meetings of the ' Board at such time and place as the Board shall determine. In the absence of such designation, regular meetings shall be held at the principal office of the Corporation on the fourth Monday of the month. Written notices of such meetings shall. be sent to the directors at least one week in advance of such meetings. Section 7.Action Without Meeting. ;.y •:., ••; Any action required or permitted to be taken by the Board may -:';"':•' be taken without a meeting provided that each director shall consent in writing to such action. Such consent is tantamount to unanimous vote and shall be filed with the minutes of the proceedings of the Board. Section e.Special Meetings. Special meetings of the Board for any purpose may be called at any time by the president, any vice- president, the secretary, or`any two directors. No business shall be transacted at any issued. special meetings except that for which the call ih Special meetings of the Board shall be held upon 2 days notice by first-class mail or 24 hours notice given personally or by telephone, telegraph, telex or other similar means of communication. Any such notice shall be addressed or delivered to each director at such directors address as it is shown upon the records of the Corporation by the director for ch rpurpose of noticeo r if records or is not readily suchaddressn shown ainable, t thon u place in which the meetings of the directors are regularly held. Notice by mail shall be deemed to have been given at the time a written notice is deposited in the United States mails, postage prepaid. Any other written notice shall be deemed to have been given at the time it is personally delivered to the recipient or is delivered to a common carrier for transmission or actually transmitted by the person giving the notice by electronic means, to the recipient. oral notice shall be deemed to have been given at the time it is comomunicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving notice has reason to believe will promptly communicate it to the receiver. Section 9. drum. A majority of the authorized number of directors constitutes a quorum of the Board for the transaction of business. Every act or decision done or made by a majority of the direc£ors present at a meeting at which a quorum is present shall be regarded as an act of the Boarl. A meeting at which a quorum is initially present may :ontinue to transact business notwithstanding the withdrawal of directors which would reduce the number to less than eight members. If any action is taken, it must be approved by at least a majority of the required quorum for such meeting. Section 1O.Participation In Meetings by Conference Telephone. Members of the Board may participate in a meeting through use of conference telephone or similar communications•equipment, so long as all members participating in such meetings can hear one another. Section ll.Waiver of Notice. Notice of a meeting need not be given to any director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such director. All such waivers, consent and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Section 12 -.Adjournment. A majority of the directors present, whether or not a quorum is present, may adjourn any directors meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given to absent directors if the time and place be fixed at the meeting adjourned, except as provided in the next sentence. If the meeting is -adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the resumption of the meeting to the directors who%.were not present at the time of adjournment. until their successors are elected. -+' Section 13.Rights Of Inspection._ Every director shall have the -.absolute right at any reasonable time to inspect any copy of all books, records and documents of every kind and to inspect the physical properties of. the '. •;:,;: :... Corporation of which such '•,c� i:: person is a director. Section 14.Committees of The Board of Directors. (a) Standing and special committees. There shall be such " standing and special comm ttees of the Board of Directors as are required to carry on its work. J (b) Chairpersons. The chairpersons of all standing committees of the Board of Directors shall be members of the Board. ARTICLE X.OFFICERS OF THE ASSOCIATION. Section 1.Officers The officers of the Association are a president, one or more vice presidents, a secretary, and a treasurer. They also serve as officers of the Board of Directors. .a. Section 2.Duties. (a) President. The president of the Association presides at allupness meetings of the membership. (b) Vice -President or (Vice Presidents). The vice president (or vice presidents), in order s all have all the powers and perform all the duties of the president in her absence. (c) Secretary. The Secretary of the Association serves as that the secretary of membership meetings. She sees members are properly notified according to procedures approved by the 8r+avi nf Director's. She is responsible for keeping a record of attendance at membership meetings, including a record of all actions taken. She may be assisted by recorders appointed by the president. (d) Treasurer. The treasurer has charge of the funds of the Asso— cion and secures the deposit of the funds in the name of the Association in a bank designated by the Board of Directors. She is responsible for the Association's use of approved methods of accounting. At the close of the fiscal year, the treasurer submits the books to a qualified auditor approved by the Board of Directors. She sees that a complete financial statement is resented at the annual business meeting of the Associate. The treasurer is responsible for seeing that all financial obligations to the National Association are paid at the time designated by the Board of Directors or the Finance Committee. These obligations include AssociAtion national support payments for transmittal to the National Office. Section 3.Election. The officers are chosen by ballot of the Board of Directors from among its elected members at the board meeting preceding the annual election and in accordance with provisions in the bylaws of the Board of Directors. They serve for one year or until their successors are elected. rfY ,'• '°•t o" ARTICLE X.INDEMNIFICATIdNS. Section 1.Definitions. For the purposes of this Article X, "agent" means any perms who •is or was a director, officer, employee, or other agent of the corporation, or is or was serving at the request of the Corporation a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the Corporation or of another enterprise at the request of such predecessor corporation; *proceeding" means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Sections 4 or 5(b) of this Article X. Section 2.Indemnification In Actions by Third Parties. The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation of the California Nonprofit Public Benefit Corporation Law, or an action brought by the attorney general or a person granted relator status by the attorney general for any breach of duty relating to assets held in charitable trust) by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgements, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person's conduct was uniawf.,I. Section 3. of The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Non-profit Public Benefit Corporation Law, or brought by the attorney general or a person granted relator status by the attorney general for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonable incurred by such person in connection with the defense or*settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the Corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section'3: (a) In respect of any claim, issue or matter as to which person shall have 'been adjudged to be liable to'the Corporation in the performance of such person's duty to the Corporation, unless and only to the extent that the court in which such proceeding is or was pending shall •Tw� 9 determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to 'indemnification for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or (c) Of expense incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the attorney general. Section 4.Indemnification Against Expenses. To the extent that an agent of the Corporation has been successful on the merits in defense of any proceeding referred to in Sections 2 or 3 of this Article X or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. Section 5.ReQuired Determinations. Except as provided in section 4 of this Article X, any indemnification under this Article X shall be made by the Corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Sections 2 or .3 of the Article X, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceedings; or (b) The court in which such proceedings is or was pending upon application made by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such -application by the agent, attorney or' other person is opposed by the Corporation. Section 6.Advance of Expenses. Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in Article X. Section 7.Other Indemnification. No provision made by the Corporation to indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether contained in the Articles, By -Laws, a resolution of the directors, an agreement or otherwise, shall be valid unless consistent with this Article X. Nothing contained in this. Article X shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. Section 6.Forms of Indemnification Not Permitted. No indemnification or advance shall be made under this Article X, except as provided in Sections 4 of 5 (b), in any circumstances where it appears: to •t„'� �` ^' (a) That it would be inconsistent with a provision of the ,..,. ;.• ; . Articles, these By-Laws, or an agreement in effect at the , , ti:.,•. `.: • ,,•:. ` " time of the accrual of the alleged cause of action `_:`~ '''" `• asserted • if amounts were paid, which prohibits or otherwise limits 'indemnification; or -' (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. ''''```Y.•`` ';i. Section 9.In5urance. The corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against %:'•�`' y''" any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation would have the power to i•''.::;. ` :': indemnify the agent against such liability under the provisions of this Article X, provided however, that a corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a :}:.1: violation of Section 5233 of the California Nonprofit Public ,'':.;'.;• Benefit Corporation Law. ARTICLE XI.COMMITTEES OF THE ASSOCIATION. Section 1. Nominating Committee (a) Members. The Nominating Cumn.•tee, an elected committee, cons sta of seven members, only two of whom are members of the Board of Directors. Its members are representative of all sections of the community served by the Association and the age and ethnic makeup of its voting membership. The president and chief executive ifficer are ex officio members of the Committee without �•' <' the right to vote. (b) Election term of office, vacancies._ All members of the Noahnating Committee are elected annually according to the provisions in Article XII and serve until the next annual election, Tw, members at large, one of whom may be a Board member, md, serve for two consecutive terms, and no member may serve more than two terms consecutively. The chairperson is chosen by the Committee from its elected members. vacancies occurring in the -'� Committee in the interim between annual elections are filled by the Committee with the approval of the president. (c) Duties. The Nominating Committee is responsible for securing and keeping a list of potential candidates, selected from the representation of total membership of the Association, who are qualified by skill and experience for membership on the Board of Directors or the elected committees of the Association. The Committee `_�:• also carries the responsibilities outlined in Article XII .:;::;; Section 1 of the Constitution, in addition, presents candidates for vacancies occurring on the Board of Directors or in elected committees during the interim _ between.regular elections. Section 2.Other Committees of the Association. t (a) Elected committees. The voting members of the Association shall elect any other committees specified as elected committees at the time of the annual election in ' accordance with the provisions of Article II of this document. 11 (b) AppointedCommittees. The president has, the authority to appoint special committees of the Association for specific studies, concerns, or events related to the work of the Association, when such responsibilities are not delegated to standing or special committees of the Board of Directors. Article XII.NOMINATION AND ELECTION PROCEDURES. Section 1. Nomination. The Nominatiri Committee shall present to the Association electorate a fallot, including nominees for the Board of Directors, the Nominating Committee, and any other elected ��:.; ;z?..: °:•;;. committees,two weeks in advance of the annual business meeting of the membership at which election results are•to be reported. All candidates must meet the qualifications set forth in Article VII of this document. The Nominating Committee shall determine whether ballots shall offer a choice of candidates. °r Section 2. Balloting Procedures. :�` •'�': The Board of Directors is responsible for the establishment of ::;. :•:..t balloting methods that safeguard rho rights of voting members to a secret ballot and that provi•!N. +•surance that ballots are cast only by voting member. 'r. Annual elections shall precede cral.saction of other business ;. at the annual business meeting and shall be reported at that meeting. Polls shall be open immediately following the distribution of ballots and shall be closed at the time indicated on the ballot. Three tellers appointed by the president shall open the ballots after the polls are closed and shall report the results of the election to the members at the annual business meeting. ARTICLE XIII.STAFF OF THE ASS.xIATION Section 1. Employment. Professional paraprofessional, clerical, and maintenance staff are employed according to policies established by the Board of :r Directors. Section 2. Professional leadership. ry •. The professional leadership of the Association is entrusted by the Board of Directors to an chief executive officer and to such other professional staff as may be required. The chief executive officer shall be a voting member or an _.;.;;:;•.`'= associate of the Association. The functions of the professional staff and their relationship to the Board of Directors are defined in the bylaws of the Board of Directors. ARTICLE XIV.RESPONSIBILITY FOR MEMBERSHIP DEVELOPMENT. The Board of Directors, together with professional staff, is r,.•,.":::'<", responsible for making possible the growth of members toward the ':: purpose of -the Association and sharing in its realization. 12 ARTICLE XV. BRANCHES OR CENTERS. Section 1. organization. The Association, through its Board of Directors may organize such branches or centers as may be needed in individual communities included in the' district organization. Each community unit is administered in accordance with community unit By -Laws authorized by the Board of Directors. Section 2. Discontinuance. The Association,through its Board of Directors may discontinue any of the branches or centers within the district provided there has been consultation with the administrative committee of the branch concerned when requested with the voting members of the unit. Section 3. Authority for decision and action. Final decision and action regarding the organization or discontinuance of a community unit shall be the responsibility of the Board of Directors. Such decision and action shall be reported to the voting members of the district. ARTICLE XVI.FISCAL YEAR The Fiscal Year begins on July 1 and ends on June 30. ARTICLE XVII.PROPERTY AND CAPITAL FUNDS The property of the Association shall be held and managed by the Board of Directors and only by its authority shall there be made a charge against the real property of the Association. The Board shall hold all trust funds of the Association, administering them in accordance with the requirements of state law, and for the purpose indicated by the donors. ARTICLE XVIII.ADVISORY PANEL. Section 1. Members and Qualifications. There shall be an advisory Panel of not less than 5 or more than 15 members who shall advise the Boaid of Directors on matters related to property, investment, trust funds, and other business transactions of the Association involving the care and use of capital funds. Members of the Advisory panel shall be men and women who are recognized leaders in the community who are in sympathy with the mission of the Association, and who are experienced in these special areas of responsibility. The president of the Association and the chief executive officer are ex officio members of the Advisory Panel. Section 2. Resgonsibilities. The Advisory Panel shall advise the Board of Directors on matters related to investment, trust funds, and other business transactions of the Association involving the care and use of capital funds and on other matters at the request of the Board of Directors. Section 3. Election and Term of Office Members of the Advisory Panel are elected by thq Board of Directors from nominations made by the Nominating Cttee of the Board for a term of three years and are eligible for reelection. The chairperson is chosen by the Advisory Panel from its elected members. 13 'g•%:`.' ARTICLE XIX.OTHER PROVISIONS. Section 1. Endorsement of Documents: Contracts. Subject to the provisions of applicable law, any note, .•;..` mortgage, evidence of indebtedness, contract, conveyance or other instrument in writing and any assignment or endorsement thereof executed or entered into between the corporation,and any other person,'when signed by the chairman of the,Board, the president or vice-president and the secretary, or the treasurer of the Corporation shall be valid and binding on the Corporation in the absence of actual knowledge on the part of :.:r.;•.•. the other person that the signing officers had no authority to execute the same. Any such instruments may be signed by any other person or persons and in such manner as from time to time shall be determined by the Board, and unless so authorized by the Board, no officer, agent or employee shall '; }y?, •., have any power or authority to bind the Corporation by any °'- contract or engagement or to pledge its credit or to render it liable for any purpose or amount. Section 2.C2nstruction and Definitions. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law :;;;•T;..:; and in the California Nonprofit. Public Benefit Corporation Law -': shall govern the construction of the Constitution. ARTICLE XX. RULES OF ORDER. The proceedings of this Association are governed by Robert's Rules of Order, newly revised except where these rules conflict w:th provisions of this constitution and the by-laws. ARTICLE XX 1. GENERAL AMENDMENTS. .Section 1.Amendments to this document not affecting the Association's membership in the Young Women's Christian Association of the United States of America may be made by a two thirds affirmative vote of the voting members present at a regular or adjourned regular meeting of, the membership, provided the following requirement have been met: (a) The amendment was approved by the Board of Directors. (b) Copies of the amendment, or amendments, were made available to the voting members at least two weeks in advance of the meeting. (c) The notice of the membership meeting stated that ;•;.:: amendments to this document would be considered and submitted for vote. ' ARTICLE XXII. AMENDMENTS AFFECTING MEMBERSHIP IN THE NATIONAL ASSOCIATION. ` For any amendment which would alter the bylaws in such a way as to affect the Association's affiliation with the Young Women's Christian Association of the United States of America, the required procedures for general amendments must be mets and, in addition, the amendment must be passed by a two-thirds affirmative vote of the voting members present at two subsequent annual meetings of the membership. RECORD OF ADOPTION AND AMENDMENTS THESE BY-LAWS ADOPTED PRESIDE CHIEF EXECUTIVE AMENDED AS • FOLLOIIS : 14 ArtiCleVTjIR, Board of DiEtZ2 a. 800.6 Date 10/25/99 President Chief Executive Office Article Date President Chief Executive Officer Article Date_, President Chief Executive Officer. __ __ YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) TABLE OF CONTENTS FINANCIAL SECTION Page Independent Auditors' Report 1-1 Financial Statements: Statement of Financial Position 1-4 Statement of Activities 1-5 Statement of Functional Expenses 1-6 Statement of Cash Flows 1-7 Notes to Financial Statements 1-8 SUPPLEMENTARY INFORMATION Domestic Violence Program — Schedule of Grant Awards and Functional Expenses 2-1 Senior Services Program — Schedule of Grant Awards and Functional Expenses 2-2 Community Services Program — Schedule of Grant Awards and Functional Expenses 2-3 GOVERNMENT AUDIT INFORMATION SECTION Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 3-1 Independent Auditors' Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance 3-3 Schedule of Expenditures of Federal and State Awards 3-5 Notes to Schedule of Expenditures of Federal and State Awards 3-7 Schedule of Findings and Questioned Costs 3-8 Current and Prior Years Findings and Questioned Costs 3-9 VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS AUDITORS AND ADVISERS INDEPENDENT AUDITORS' REPORT To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) Covina, California Report on the Financial Statements We have audited the accompanying financial statements of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1-1 INDEPENDENT AUDITORS' REPORT - Continued Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of YWCA of San Gabriel Valley as of June 30, 2017, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Report on Summarized Comparative Information We 'previously audited YWCA of San Gabriel Valley's 2016 financial statements, and we expressed an unmodified opinion on those audited financial statements in our report dated March 31, 2017. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2016 is consistent, in all material respects, with the audited financial statements from which it has been derived. The summary financial statements do not contain all the disclosures required by accounting principles generally accepted in the United States of America. Reading the summary financial statements, therefore, is not a substitute for reading the audited financial statements of YWCA of San Gabriel Valley. Other Matters Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are the responsibility of management and were derived from and rblate directly to the underlying accounting and other records used to prepare the financial statements. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are fairly stated, in all material respects, in relation to the basic financial statements as a whole. 1-2 INDEPENDENT AUDITORS' REPORT - Continued Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying Schedule of Expenditures of Federal and State Awards, as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 28, 2018, on our consideration of YWCA of San Gabriel Valley's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering YWCA of San Gabriel Valley's internal control over financial reporting and compliance. Y cam-, u Ar + 4. Calabasas, California March 28, 2018 1-3 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF FINANCIAL POSITION JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) NET ASSETS Unrestricted 327,841 143,844 Temporarily restricted 725,247 858,650 Total net assets 1,053,088 1,002,494 Total liabilities and net assets $ 2,707,560 $ 2,833,062 See accompanying auditors' reports and notes to financial statements. 1-4 2017 2016 ASSETS Cash and cash equivalents $ 713,731 $ 794,279 Contracts receivable 586,396 580,180 Other receivables _. __ __ 32;809 _._ _ _....1;536 Deposits and prepaid expenses 77,961 79,033 Investments 165,813 122,693 Property and equipment, net 1,130,850 1,255,341 Total assets $ 2,707,560 $ 2,833,062 LIABILITIES Accounts payable and accrued expenses $ 355,581 $ 345,807 Accrued payroll and related liabilities 238,864 264,868 Contract advances 2,442 61,954 Deferred revenue 28 28 Government -funded assets 873,547 965,823 Loans payable 184,010 192,088 Total liabilities 1,654,472 1,830,568 NET ASSETS Unrestricted 327,841 143,844 Temporarily restricted 725,247 858,650 Total net assets 1,053,088 1,002,494 Total liabilities and net assets $ 2,707,560 $ 2,833,062 See accompanying auditors' reports and notes to financial statements. 1-4 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) REVENUE AND SUPPORT Governmental service contracts Grants and contributions In-kind contributions Program service fees Interest income Gain (loss) on investments, net Other income Fundraising events revenue Contract settlements Restrictions released Total revenue and support EXPENSES Program expenses Support services Fundraising expenses Total expenses CHANGE IN NET ASSETS NET ASSETS - beginning of year NET ASSETS - end of year See accompanying auditors' reports and notes to financial statements. 1-5 Temporarily 2017 2016 Unrestricted Restricted Total Total $ 5,943,177 $ - $ 5,943,177 $ 5,765,451 362,366 85,000 447,366 697,652 3,026,283 - 3,026,283 2,002,619 703,329 - 703,329 782,350 6,376 - 6,376 6,632 17,819 - 17,819 (6,466) 113,436 - 113,436 114,427 82,427 - 82,427 94,230 (16,714) - (16,714) (67,029) 218,403 (218,403 - - 10,456,902 (133,403) 10,323,499 9,389,866 9,485,892 - 9,485,892 9,099,051 613,564 - 613,564 508,997 173,449 - 173,449 202,279 10,272,905 - 10,272,905 9,810,327 183,997 (133,403) 50,594 (420,461) 143,844 858,650 1,002,494 1,422,955 $ 327,841 $ 725,247 $1,053,088 $ 1,002,494 See accompanying auditors' reports and notes to financial statements. 1-5 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) See accompanying auditors' reports and notes to financial statements. 1-6 2017 2016 Program Support Total Total Expenses Services X118 Salaries and related expenses Salaries and wages $ 2,286,033 $ 381,025 $ 63,437 $ 2,730,495 $ 3,012,247 Payroll taxes 192,091 32,293 5,505 229,889 245,735 Employee benefits 351,222 44,970 6,643 402,835 429,158 2,829,346 458,288 75,585 3,363,219 3,687,140 Other expenses Auto expense 114,679 736 541 115,956 151,532 Bad debts 10 - - 10 1,096 Bank fees 2,802 2,442 1,246 6,490 9,325 Building improvements - - - - 6,508 Computer expense 14,222 1,698 1,279 17,199 34,392 Conferences and meetings 16,747 2,003 1,553 20,303 26,884 Dues and subscriptions 2,588 71,549 1,366 75,503 16,577 Education and training 12,313 1,007 153 13,473 17,210 Equipment rental and maintenance 36,704 1,399 2,007 40,110 48,190 Food and housing costs 2,612,249 38 5,220 2,617,507 2,737,282 In-kind services 3,025,753 - 530 3,026,283 2,002,619 Insurance 113,607 14,882 1,838 130,327 139,954 Interest expense 11,728 - - 11,728 11,774 Licenses and permits 996 652 - 1,648 867 Office expenses 12,117 11055 372 13,544 17,420 Outside services - 4,200 - 4,200 4,200 Postage and delivery 4,147 866 13,703 18,716 22,714 Printing 4,222 441 10,709 15,372 18,377 Professional fees 102,177 14,435 40,645 157,257 204,796 Public relations 291 - - 291 279 Rent 184,717 17,882 7,407 210,006 202,685 Repairs and maintenance 66,658 5,371 730 72,759 65,463 Small equipment 13,812 - - 13,812 13,994 Supplies 59,395 4,597 5,448 69,440 113,591 Taxes and licenses 3,736 306 84 4,126 4,333 Telephone 72,712 5,379 1,353 79,444 63,990 Travel 6,128 19 450 6,597 5,156 Utilities 48,231 1,113 533 49,877 50,436 9,372,087 610,358 172,752 10,155,197 9,678,784 Depreciation 113,805 3,206 697 117,708 131,543 Total expenses $ 9,485,892 $ 613,564 $ 173,449 $10,272,905 $ 9,810,327 Indirect expenses $ 578,155 $ 604,980 $ 26,825 $ - $ - See accompanying auditors' reports and notes to financial statements. 1-6 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of investments 2411 2M CASH FLOWS FROM OPERATING ACTIVITIES: $ 50,594 $ 420 461 Change in net assets 18,602 1,387 Adjustments to reconcile change in net assets to net (11,819) (13,764) cash provided by operating activities (18,518) (39,468) Depreciation 117,708 131,543 Purchase of fixed assets on account - (19,293) Bad debt on other receivables 10 1,096 Gain (loss) on investments, net (17,819) 6,466 (Increase) decrease in: (80,548) (388,371) Contracts receivable (6,216) 147,329 Other receivables (31,283) (596) Deposits and prepaid expenses 1,072 (10,448) Increase (decrease)in: $ 11,728 $ 11,774 Accounts payable and accrued expenses 9,774 22,067 Accrued payroll and related liabilities (26,004) 7,036 Contract advances (59,512) (137,528) Deferred revenue Government fended assets (92,276) (500) (89,413 Total adjustments (104,Mo 57,759 Net Cash Provided by Operating Activities (53,952) (362,702) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of investments (193,361) (254,441) Proceeds from sale of investments 168,060 227,350 Disposals of fixed assets / government funded assets 18,602 1,387 Purchases of fixed assets (11,819) (13,764) Net Cash Provided by Investing Activities (18,518) (39,468) CASH FLOWS FROM FINANCING ACTIVITIES: Principal repayments related to loans payable (8,078) (5,494) Proceeds of borrowings for capital purposes 19,293 Net Cash Provided by Financing Activities (8,078) 13,799 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (80,548) (388,371) CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 794,279 1,182,650 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 713,731 $ 794,279 SUPPLEMENTAL INFORMATION: Interest expo $ 11,728 $ 11,774 SUPPLEMENTAL NON-CASH INFORMATION: la4dnd contributions $ 3,026,283 $ 2,002,619 See accompanying auditors' reports and notes to financial statements. 1-7 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 1. DESCRIPTION OF ORGANIZATION The YWCA of San Gabriel Valley, (YWCASGV) is a nonprofit organization exempt from federal and state income taxes under Section 501(C)(3) of the Internal Revenue Code; it is not classified as a private foundation. YWCASGV provides the community with various services including the following: • Education for personal development • Shelter and counseling for domestic violence victims - women and their children • Meals and counseling for older persons • Recreational and health promotion YWCASGV operates its domestic violence program under the name of WINGS Shelter and its older persons program under the name of Intervale Senior Services. The YWCA of San Gabriel Valley is affiliated with the national organization of the Young Women's Christian Association of the U.S.A., and provides national support through payment of a percentage of its functional expenses to the national organization, not to exceed a maximum of $40,000 in annual dues. As of June 30, 2017, YWCASGV owed a total of $69,595 dues to the YWCA USA organization. The amount due consist of $31,634 for Fiscal Year 2015-2016, which was allowed for postponed payment due to restructuring of YWCA USA National, and $37,961 dues were owed for Fiscal Year 2016-2017. Primary Support Sources YWCASGV receives substantially all of its grant revenue from federal, state and city agencies and recognizes revenue from its grant awards over the service period of the contracts and/or to the extent of expenses incurred. Any of the funding sources may, at its discretion, request reimbursement for expenses or return of funds, or both, as a result of non-compliance by YWCASGV with the terms of the grants. Membership dues, program service revenue, investment and other income are recognized as revenue in the period earned. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES YWCASGV prepares its financial statements in accordance with generally accepted accounting principles (GAAP) promulgated in the United States of America. The significant accounting and reporting policies used by YWCASGV are described below to enhance the usefulness and understandability of the financial statements. 1-8 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Financial Statement Presentation The financial statements are presented based on ASC Topic 958, Not -for -Profit Entities. ASC Topic 958, Sections 210 and 225 requires classification of YWCASGV's net assets, revenues as well as expenses based on the existence or absence of donor -imposed restrictions. The statement requires presentation of the amounts for each of the three classes of net assets — permanently restricted, temporarily restricted, and unrestricted — in the statement of financial position and the amounts of change in each of those classes of net assets in the statement of activities. Net Assets The financial statements report net assets and changes in net assets in three classes that are based upon the existence or absence of restrictions on use that are placed by its donors, as follows: Unrestricted net assets. Unrestricted net assets are resources available to support operations. The only limits on the use of unrestricted net assets are the broad limits resulting from the nature of the organization, the environment in which it operates, the purposes specified in its corporate documents and its application for tax-exempt status, and any limits resulting from contractual agreements with creditors and others that are entered into in the course of its operations. Temporarily restricted net assets. Temporarily restricted net assets are resources that are restricted by a donor for use for a particular purpose or in a particular future period. YWCASGV's unspent contributions are classified in this class if the donor limited their use, as are the unspent appreciation of its donor -restricted endowment funds. When a donor's restriction is satisfied, either by using the resources in the manner specified by the donor or by the passage of time, the expiration of the restriction is reported in the financial statements by reclassifying the net assets from temporarily restricted to unrestricted net assets. Net assets restricted for acquisition of buildings or equipment (or less commonly, the contribution of those assets directly) are reported as temporarily restricted until the specified asset is placed in service by YWCASGV, unless the donor provides more specific directions about the period of its use. YWCASGV had $725,247 in temporarily restricted net assets at June 30, 2017. Permanently restricted nel assets. Permanently restricted net assets are resources whose use by YWCASGV is limited by donor -imposed restrictions that neither expire by being used in accordance with a donor's restriction nor by the passage of time. YWCASGV did not have any permanently restricted net assets at June 30, 2017. All revenues and net gains are reported as increases in unrestricted net assets in the statement of activities unless the use of the related resources is subject to temporary or permanent donor restrictions. All expenses and net losses other than losses on endowment investments are reported as decreases in unrestricted net assets. 1-9 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Cash and Cash Equivalents Cash and cash equivalents are short term, interest bearing, highly liquid investments with original maturities of three months or less, unless the investments are held for meeting restrictions of a capital or endowment nature. Contracts, Grants, and Other Receivables Receivables consist of grants, contracts and other miscellaneous accounts and are stated at the amount management expects to collect from outstanding balances. YWCASGV uses the allowance method of accounting for receivables determined to be potentially uncollectable. In management's opinion, all receivables were collectible at year-end and therefore no allowance for doubtful accounts was considered necessary at June 30, 2017. Deposits and Prepaid Expenses Prepaid insurance, deposits and other expenses are expensed ratably over their respective terms of agreement. Investments Investments are composed of mutual equity funds and stocks and invested in debt and equity securities and are carried at fair market value. Investment purchases and sales are accounted for on a trade -date basis. Realized gains and losses are calculated based upon the underlying cost of the securities traded. Gains or losses (including investments bought, sold and held during the year), and interest and dividend income are reflected in the statement of activities as increases or decreases in unrestricted net assets unless their use is temporarily restricted by donor stipulations or by law. 1-10 2. YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Property and Equipment, net Land, buildings, property, and equipment are reported in the statement of financial position at cost, if purchased, and at fair value at the date of donation, if donated. All land, buildings, and property are capitalized. Equipment is capitalized if it has a cost of $1,000 or more and a useful life when acquired of more than 1 year. Repairs and maintenance that do not significantly increase the useful life of the asset are expensed as incurred. Depreciation is computed using the straight-line method over the estimated useful lives of the assets, as follows: Buildings Computer hardware and peripherals Computer software Furniture and fixtures General office equipment Leased assets Leasehold Improvements Vehicles 40 years 3-5 years 2-3 years Up to 10 years 5 years Life of lease Remaining lease term 3-5 years Assets purchased with governmental grants or contracts are capitalized and depreciated by YWCASGV in accordance with accounting standards generally accepted in the United States of America. Property and equipment are reviewed for impairment when a significant change in the asset's use or another indicator of possible impairment is present. No impairment losses were recognized in the financial statements in the current period. Government -funded assets are recorded as an asset and an offsetting liability. The related assets are depreciated over their estimated useful lives and a corresponding amount reduces the related liability each year and is recognized as revenue. Vacation Policy Accrued vacation benefits are accrued on a monthly basis. Full-time employees accrue vacation time based upon years of service to YWCASGV as follows: Regular Full Time Exempt Regular Full Time Non -Exempt Years Employed Employees Annualized Accrual Em I ees Annualized Accrual 1- 5 years 15 Days 10 Days 5- 10 years 20 Days 15 Days 10 + years 25 Days 20 Days The maximum vacation accrual that can be earned is 1'/z times the employees annual accrual. Unused vacation leave will be paid at the time of termination. Total accrued vacation at June 30, 2017, was $93,246. 4 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Contract Advances Contract advances consists of amount due to the California Governor's Office of Emergency Services per their review of the year end attendance and fiscal report and other contract amounts received in excess of balances earned. Deferred Revenue Deferred revenue consists of advance payments received for special events. Accounting for Contributions Contributions, including unconditional promises to give, are recognized when received. All contributions are reported as increases in unrestricted net assets unless use of the contributed assets is specifically restricted by the donor. Amounts received that are restricted by the donor to use in future periods or for specific purposes are reported as increases in either temporarily restricted or permanently restricted net assets, consistent with the nature of the restriction. Unconditional promises with payments due in future years have an implied restriction to be used in the year the payment is due, and therefore are reported as temporarily restricted until the payment is due unless the contribution is clearly intended to support activities of the current fiscal year or is received with permanent restrictions. Conditional promises, such as matching grants, are not recognized until they become unconditional, that is, until all conditions on which they depend are substantially met. Contributed Goods and Services Contributions of goods received that are measurable are recorded as revenue at their estimated fair value when received. Contributions of services are recognized if the services received meet any of these criteria. (1) if they create or enhance nonfinancial assets and (2) if they require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation. Contributed services, reflected in the accompanying financial statements, include space donation, utilities, and volunteer time charged at a rate pursuant to related contract provisions. YWCASGV benefits from personal services provided by a substantial number of volunteers. Those volunteers have donated significant amounts of time and services in the organization's program operations and in its fund-raising campaigns. Estimated value of contributed volunteer services at June 30, 2017 was valued at $813,794. Because of the requirement of governmental grantor agencies, matching local funds and in-kind contributions are required on certain types of government funding. In-kind revenues consist of non - monetary contributions such as donated space, supplies and volunteer hours. In-kind revenues in the financial statements consisted of occupancy, supplies and equipment costs recorded and valued at $2,212,489 for the year ended June 30, 2017. 1-12 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Revenue Recognition Revenues from government agencies, program service fees, and other third -party payors for services provided under such contracts are recognized when earned by YWCASGV. All gifts, bequests, and other public support are included in unrestricted net assets unless specifically restricted by the donor or the terms of the gift or grant instrument. Amounts received in excess of balances earned are recognized as liabilities in Contract Advances. Government Revenue Government revenue is recognized when the qualifying costs are incurred for cost -reimbursement grants or contracts or when a unit of service is provided for performance grants. Government revenue from federal agencies is subject to independent audit under the Uniform Guidance and review by grantor agencies. The review could result in the disallowance of expenditures under the terms of the grant or reductions of future grant funds. Based on prior experience, YWCASGV's management believes that costs ultimately disallowed, if any, would not materially affect the financial position of YWCASGV. Income Taxes YWCASGV is exempt from Federal income taxes under Section 501(c)(3) of the Internal Revenue Code and California income taxes under section 23701(d) of the California Revenue and Taxation Code. The IRS classified the organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). YWCASGV has adopted Financial Accounting Standards Board Accounting Standards Codification (ASC) Section 740-10, which clarifies the accounting for uncertainty in income taxes. ASC Section 740-10 prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. ASC Section 740-10 requires that an organization recognize in the financial statements the impact of the tax position if that position will more likely than not be sustained on audit, based on the technical merits of the position. As of and for the year ended June 30, 2017, YWCASGV had no material unrecognized tax benefits, tax penalties or interest. YWCASGV's Forms 990, Return of Organization Exempt from Income Tax, for each of the tax years ended June 30; 2016, 2015, and 2014, are subject to examination by the IRS, generally for 3 years after they were filed. 1-13 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Expense Recognition and Allocation The cost of providing YWCASGV's programs and other activities is summarized on a functional basis in the statement of activities and statement of functional expenses. Expenses that can be identified with a specific program or support service are charged directly to that program or support service. Costs common to multiple functions have been allocated among the various functions benefited. General and administrative expenses include those costs that are not directly identifiable with any specific program, but which provide for the overall support and direction of YWCASGV. Fundraising costs are expensed as incurred, even though they may result in contributions received in future years. YWCASGV generally does not conduct its fundraising activities in conjunction with its other activities. In the few cases in which it does, such as when the annual report or donor acknowledgements contain requests for contributions, joint costs have been allocated between fundraising and management and general expenses in accordance with standards for accounting for costs of activities that include fundraising. No advertising expenses were incurred for the year ended June 30, 2017. Use of Estimates The preparation of financial statements requires management to make estimates and assumptions that affect the reported amounts of revenues and expenses during the reporting period and the reported amounts of assets and liabilities at the date of the financial statements. On an ongoing basis, YWCASGV's management evaluates the estimates and assumptions based upon historical experience and various other factors and circumstances. YWCASGV's management believes that the estimates and assumptions are reasonable in the circumstances; however, the actual results could differ from those estimates. Reclassifications Certain amounts in the 2016 comparative totals have been reclassified to conform with the 2017 reporting format. Comparative Totals The financial statements include certain prior -year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with YWCASGV's financial statements for the year ended June 30, 2016, from which the summarized information was derived. 1-14 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Fair Value Measurements YWCASGV reports its fair value measures using a three-level hierarchy that prioritizes the inputs used to measure fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction in the principal or most advantageous market at the measurement date under current market conditions regardless of whether that price is directly observable or estimated using another valuation technique. Inputs used to determine fair value refer broadly to the assumptions that market participants would use in pricing the asset or liability including assumptions about risk. Inputs may be observable or unobservable. Observable inputs are inputs that reflect the assumptions market participants would use in pricing the asset or liability based on market data obtained from sources independent of the reporting entity. Unobservable inputs are inputs that reflect the reporting entity's own assumptions about the assumptions market participants would use in pricing the asset or liability based on the best information available. This hierarchy, established by GAAP, requires that entities maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. The three levels of inputs used to measure fair value are as follows: • Level 1 - Quoted prices for identical assets or liabilities in active markets to which YWCASGV has access at the measurement date. Level 2 - Inputs other than quoted prices included in Level '1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs include: - quoted prices for similar assets or liabilities in active markets; - quoted prices for identical or similar assets in markets that are not active; - observable inputs other than quoted prices for the asset or liability (for example, interest rates and yield curves); and inputs derived principally from, or corroborated by, observable market data by correlation or by other means. Level 3 - Unobservable inputs for the asset or liability. Unobservable inputs should be used to measure the fair value to the extent that observable inputs are not available. The carrying amounts of cash and cash equivalents and accounts receivable approximate fair value because of the terms and relatively short maturity of these financial instruments. The mutual equity funds and stocks are valued at quoted market prices, which represent the net asset value of shares held by YWCASGV at year end. The carrying amounts of liabilities, approximate fair value because of the relatively short maturity of these financial instruments. When available, YWCASGV measures fair value using Level 1 inputs because they generally provide the most reliable evidence of fair value. 1-15 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 3. INVESTMENTS YWCASGV measures fair value in accordance with FASB ASC 820-10. FASB ASC 820-10 establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. This hierarchy consists of three broad levels; Level 1 inputs consist of unadjusted quoted prices in active markets for identical assets and have the highest priority, Level 2 inputs, other than the quoted prices in active markets, are observable either directly or indirectly, and Level 3 unobservable inputs in which there is little or no market data, which requires YWCASGV to develop its own assumptions. YWCASGV uses appropriate valuation techniques based on the available inputs to measure the fair value of its investments. When available, YWCASGV measures fair value using Level 1 inputs because they generally provide the most reliable evidence of fair value. Level 3 inputs are only used when Level 1 or Level 2 inputs are not available. All assets reported at fair value at June 30, 2017, are Level 1 inputs. Total Levell Mutual equity funds $ 11,825 $ 11,825 Stocks 153,988 153,988 Total investments 165,813 165,813 - At June 30, 2017, YWCASGV does not have any investments measured using Level 2 or Level 3 inputs. The composition of the,investment return reported in the statement of activities as follows: Realized gain (loss) on investment $ 8,539 Unrealized gain (loss) on investments 9,280 Total investments return 4. PROPERTY AND EQUIPMENT, NET Property and equipment consists of the following at June 30, 2017: Depreciation and amortization expense for the year ended June 30, 2017 totaled $117,708. 1-16 Government YWCASGV Funded Owned Total Buildings and improvements $ 524,245 $ 914,151 $ 1,438,396 Furniture, fixtures and equipment 371,795 322,064 693,859 Land - 127,063 127,063 Machinery and equipment - 36,889 36,889 Vehicles 419,549 153,208 572.757 1,315,589 1,553,375 2,868,964 Less accumulated depreciation and amortization (645.723) (1,092.391) (1,738,114) Property and equipment, net 669 866 460.E S 1.130.850 Depreciation and amortization expense for the year ended June 30, 2017 totaled $117,708. 1-16 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 4. PROPERTY AND EQUIPMENT, NET - Continued Certain equipment has been purchased with federal, state and other granting agencies' funds. These agencies retain a reversionary interest in such property. Property acquired with these funds is considered to be owned by YWCASGV while used in the program(s) for which it was purchased or in other future authorized programs. Its disposition as well as the ownership of any proceeds therefrom is subject to federal, state, or local regulations. Such amounts at June 30, 2017, were $669,866 net of related depreciation and amortization. 5. LOANS PAYABLE YWCASGV entered into a loan payable with Alta Pacific Bank on September 2012 maturing September 2022. The loan is secured by a construction deed of trust. The loan is payable in monthly installments of $1,346, with interest payable at 6.55% per annum. The balance owed at June 30, 2017 was $170,183. For the year ended June 30, 2017 interest expense amounted to $11,728. Future minimum payments on the loan payable are as follows: June 30, Amount 2018 $ 16,154 2019 16,154 2020 16,154 2021 16,154 2022 16,154 Thereafter 89.413 Total x.70. YWCASGV entered into a loan payable with Toyota Financial Services on February 2016 maturing February 2021. The loan is secured by a pink slip of a vehicle. The loan is payable in monthly installments of $322, with interest payable at 0.00% per annum. The balance owed at June 30, 2017 was $13,827. No interest expense was incurred for the year ended June 30, 2017. Future minimum payments on the loan payable are as follows: June 30,� 2018 $ 3,859 2019 3,859 2020 3,859 2021 2.250 Total 1-17 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 6. COMMITMENTS YWCASGV entered into various lease agreements for the use of office space and equipment. Rent expense under these lease agreements was approximately $210,006 for the year ended June 30, 2017. Approximate future annual minimum lease payments due under these lease agreements are as follows: June 30, Amount 2018 $ 175,014 2019 183,651 2020 172,680 2021 28,933 Total YWCASGV leases a copier, and other equipment under various operating leases. The lease terms vary from 36 to 54 months. Total equipment rental expenses for the year ending June 30, 2017 were $16,581. Future minimum equipment lease payments are as follows: June 30. Amount 2018 $ 10,298 2019 3,404 2020 2.553 Total 7. PENSION PLAN YWCASGV participates in the Young Women's Christian Association Retirement Fund, Inc.'s (the Fund) multi-employer sponsored cash balance defined -benefit pension plan (the Plan). Employees are eligible to participate in the Plan after meeting certain service requirements. Participants are 100 percent vested immediately upon enrollment into the Plan. The risks of participating in a multiemployer plan are different from a single employer plan in that the assets contributed to a multiemployer plan may be used to provide benefits to employees of other participating employers; and if a participating employer stops contributing to the plan, unfunded obligations, if any, of the plan may be borne by the remaining participating employers. For the year ended June 30, 2017, YWCASGV's contribution to the Fund, at a rate of 5 percent of compensation was $103,359. The Fund provides a matching contribution equal to 2 percent of employee compensation. 1-18 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 8 RESTRICTED NET ASSETS Temporarily restricted net assets at June 30, 2017, are available for the following purposes: Grant Zickerman Domestic Violence Programs - Cash Zickerman Fund Domestic Violence Program — Investments Endowment Fund YWCA — General Cash Endowment Fund YWCA — General Investment Domestic Violence Pro r West Covina Lions Foundation -Legacy Project - Playground City of Covina Blue Shield Health Care Partnership Senior Services Programs: SCAN Health Plan -Emergency Assistance Fund City of West Covina — Homeless Initiative UniHealth-Pomona Valley Glendora Church Homes Dl Senior Low Income Assistance (Molina) Healthy Communities Programs: California Accountable Communities for Health Total Temporarily Restricted Net Assets Balance Balance 6/30/16 Income Expenditures 6/30/17 $ 43,327 $ - $ - $ 43,327 67,617 - - 67,617 16,309 - - 16,309 34,451 - - 34,451 - 20,000 - 20,000 70,800 - (14,400) 56,400 122,438 - (92,727) 29,711 - 20,000 (16,788) 3,212 - 25,000 - 25,000 57,375 - (56,826) 549 31,228 - (30,434) 794 415,105 - (7,228) 407,877 20.000 - 20.000 SgSg•G•85.0go S 121ga3) 572541 Included in temporarily restricted net assets are contributions and earnings received by YWCASGV for subsequent deposits to the established endowment fund of YWCASGV, which contributions are periodically transferred to their investment account. This fund has been established for the benefit of YWCASGV's domestic violence program sponsored by YWCASGV. 9. BOARD DESIGNATED FUNDS YWCASGV's board of directors has established two board designated fund accounts to segregate and reserve funds for future financial requirements. These accounts were funded with restricted contributions received and with unrestricted net assets designated by the board of directors for its domestic violence program. The investment earnings from the restricted contributions are not donor -restricted and therefore, are recorded as a change in unrestricted net assets. 1-19 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 10. FUNCTIONAL AND NATURAL CLASSIFICATIONS YWCASGV's general and fundraising costs are reimbursed by and allocated among the support services based on approved indirect cost rates. Accordingly, the indirect division is eliminated. General and administrative costs: Salaries and wages $ 391,302 Payroll taxes 28,972 Employee benefits 35,921 Auto expense 337 Bank fees 2,442 Computer expense, repair, & maintenance 7,052 Conferences and meetings 110 Dues and subscriptions 71,272 Education and training 765 Insurance 14,882 Postage and delivery 866 Printing 441 Professional fees 18,614 Rent 17,882 Repairs and maintenance 1,319 Supplies 4,952 Taxes and licenses 942 Telephone 5,378 Travel 215 Utilities 1,113 Vehicles licenses and permits 203 Total 604.980 Natural classifications of in-kind expenses are as follows: Donated volunteer time $ 813,794 Supplies and materials 683,569 Donated facilities 1.528.920 Total 3.026.283 1-20 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 11. SPECIAL EVENTS AND PROGRAMS YWCASGV operates several programs designed to raise funds for particular needs or to supplement grants. Some of these programs establish a particular program or service as recipient of proceeds raised. Others are general fundraising activities with proceeds designated by the board of directors to benefit a particular program. General fundraising projects during the year ended June 30, 2017 included Tennis Classic and Women of Achievement. Proceeds were designated by the board of directors to benefit various programs. The revenue and expenses from fund development activities for the year ended June 30, 2017 was as follows: Event Tennis Classic YWCA Mission Award Total Revenue Expenses $ 66,027 $ (4,701) 16.400 (11,656) Net Revenue $ 61,326 4.744 During the year the agency conducted its Meal on Meals Direct Mail Campaign. The activity from the mail campaign is as follows: Revenue Expenses MOW Direct Mail S192,325 . (6� 1.1311 12. CONTINGENCIES Net Revenue In the ordinary course of business YWCASGV may be subject to certain lawsuits and other potential legal actions. The YWCASGV's management represents that as of June 30, 2017, the YWCASGV is not involved in any legal action or litigation. 1-21 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 13. CONCENTRATION RISK Amounts held in financial institutions occasionally are in excess of the Federal Deposit Insurance Corporation and Securities Investor Protection Corporation limits. YWCASGV deposits its cash with high quality financial institutions, and management believes the organization is not exposed to significant credit risk on those amounts. The majority of YWCASGV's contributions and grants are received from corporations, foundations, and individuals and from agencies located throughout the state of California. As such, YWCASGV's ability to generate resources via contributions and grants is dependent upon the economic health of that area and of the state of California. An economic downturn could cause a decrease in contributions and grants that coincides with an increase in demand for YWCASGV's services. YWCASGV's investments are subject to various risks, such as interest rate, credit, and overall market volatility risks. Further, because of the significance of the investments to YWCASGV's financial position and the level of risk inherent in most investments, it is reasonably possible that changes in the values of these investments could occur in the near term and such changes could materially affect the amounts reported in the financial statements. Management is of the opinion that the diversification of its invested assets among the various asset classes should mitigate the impact of changes in any one class. 14. SUBSEQUENT EVENTS YWCASGV has evaluated events subsequent to June 30, 2017, to assess the need for potential recognition or disclosure in the financial statements. Such events were evaluated through March 28, 2018, the date the financial statements were available to be issued. Events occurring after that date have not been evaluated to determine whether a change in the financial statements would be required. Based upon this evaluation, it was determined that no other subsequent events occurred that require recognition or additional disclosure in the financial statements. 1-22 SUPPLEMENTARY INFORMATION M I" Ip M , .....a N I" I" IC F IM I„ IN IN I" la I. . r . . . . . . . . . . . . . . . . . N . , , , I I. . , (. N I, N . . . . . . a I. O Si II yr . . . . . . . . . . . . . . . . . . . . a . . . . . . . a a . . . . . . . Fa- Ip Ii EI k. ii1 y . . . . I . -� F F F ki �S, k a I . . . . . . IN N I$ � 'iS�YCtY��c��N'eC W Sb"i�3�� fJ3Y Fla 8i �s'i� � N dl�$�74�� . ■■■ < F I" F I M I� N FI" F I I. I IM Il" N �-I-v- . . . . . . . . . . . . . . . . . . . ....... iaiitII�gii §1111giiIiai If: I 16min!" ........ � f i YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) SENIOR SERVICES PROGRAM SCHEDULE OF GRANT AWARDS AND FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 2-2 City ofCovhm BlderiyNuaidoAfts m CoormSvccoo District Mak coo Senior Services AAA-6NP2- Nutrition 1SS48.034/ Senior semi= Mipm6 Adult TONT Sr Sva 0809-014 NSIP 4SS484)97 / 5SS4WI22 Assistance DW Cm PMV - (17) (21) (21) (22) (29) (271(30) Exonses Remw and support Govamneowsaviccocomcm $ 19,997 $ 3,652,290 $ $ 373,867 S $ 56,077 $ 4,104,231 Home delivery sodwWwto,mealpropems - - 390,149 - 390,149 (barns madconnibutions 43,311 43,311 In dodombibudom 2,828-038 64,681 2,89$719 Propam service fm - 565,864 - - - 133,115 700.979 Iraeamt hwome 6 6 Oak (ion) on invadnmta Mer Income 35,602 2,794 13,367 51,763 Funciraisft events, net Comnd gwimmm (3,434) (3A14) Total revem and support 19,997 7.081,800 3904149 443,342 244-056 &179,744 Saguia and related expense Sdariesand wean 16,439 1,150,133 - 217,574 2.637 135,839 1,522,672 Psymlltaxes 1,342 95,408 17,932 208 11,291 1264181 Hmplcyeebendto 2.417 198.502 23,719 252 17.967 24Z.857 20,198 1,444,043 259,225 3,097 165,097 1,871A62 Odw expenses Amo cgmm 73 89,764 13,590 4,006 107,433 Bad dabm 10 10 Bank Jose 783 1,948 2,733 cmgxd rapeau 2,697 992 - 320 4.009 Conbmmand m dbW 287 22 893 1,202 Dep adation - 36,707 2,794 - 13,225 52,726 Dues and subscriptions - 89 - - - 172 261 Education and training $175 415 849 30139 F.quipmntrntalaadeaimarooe - 19,211 ),823 S 675 21,714 Food and houngcom 2,455,349 131066 - 99,649 Z,mlm 11,4ciadsaviom - 2,828-038 64,681 - 2.892.719 Indirect mm 79 270,237 71,2% 3,743 26.417 371,770 Insurance - W34 4,992 - 1.604 75,130 Lknees and pmft 945 51 996 Office vqm m 1 3,383 749 1,519 5452 Postal and delivery $878 360 331 3,369 Pdnbg 1,933 25 k 60 2,016 Profndonsl fan - 13,063 1,089 432 14AN mHorola8ons 291 291 Rot 82,393 21,786 272 ISM 11019M Repairs ad malutmna 59 14AM 2,597 875 1719% smu equipment 12,444 12,444 Supplies 32,420 1,9S2 4,352 39,724 Taxa=dlioesm 1,094 - - 1,226 2,320 Telephone 33,384 7,150 100 3,374 44,008 Travel - 1 1 - 434 436 Utilities 12.777 1.413 11 466 14.669 Total expenses 20,410 7.416.662 484A84 7.228 3X737 &263.521 Excess (defidenw) ofrevmo over allowablempemes S (413) S (334.862) $ 390.149 $ 41.142) $ (7,228) £ (90181) $ (83.777) Mideftsham $ $ 763-069 $ S $ S S 763.069 MataWsupplia fo-lOnd $ $ 600.730 $ S S $ $ 60a73o Pemmuwwadihiahn-Kind $ S 1A64,239 $ $ 64.681 S $ $ 1.528.920 2-2 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) COMMUNITY SERVICES PROGRAM SCHEDULE OF GRANT AWARDS AND FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 2-3 First 5 Healthy Other Programs - Total Comm Svcs DCDIP Azuza Community Services Program (31) (32) (33) Expenses Revenue and Support Governmental service contracts $ 77,994 $ - $ 110,000 $ 187,994 Grants and contributions - - 19,635 19,635 Program service fees - - 500 500 Other income 1,013 130 687 1,830 Total revenue and support 79,007 130 130,822 209,959 Salaries and related expenses Salaries and wages 54,301 - 61,256 115,557 Payroll taxes 4,291 - 5,202 9,493 Employee benefits 5,314 7,337 12,651 63,906 - 73,795 137,701 Other expenses Auto expense 550 - 1,206 1,756 Computer expense - - 656 656 Conferences and meetings 403 - 3,682 4,085 Depreciation 1,013 130 687 1,830 Dues and subscriptions - - 895 895 Education and training 87 - 835 922 Equipment rental and maintenance 431 - 735 1,166 Food and housing costs - - 1,093 1,093 Indirect costs 6,046 - 16,985 23,031 Insurance 1,039 - 1,693 2,732 Office expense 126 - 276 402 Postage and delivery 25 - 16 41 Printing 1,741 - 67 1,808 Professional fees 372 - 18,428 18,800 Rent 5,138 - 7,787 12,925 Repairs and maintenance 430 - 1,399 1,829 Supplies 1,197 - 5,928 7,125 Telephone 1,268 - 1,627 2,895 Travel 26 - 505 531 Utilities 567 702 1,269 Total expenses 84,365 130 138,997 223,492 Excess (deficiency) of revenue over allowable expenses $ (5,358) $ $ (8,175) $ (13,533) 2-3 GOVERNMENT AUDIT INFORMATION SECTION VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS AUDITORS AND ADVISERS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) Covina, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation), which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated March 28, 2018. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered YWCA of San Gabriel Valley's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of YWCA of San Gabriel Valley's internal control. Accordingly, we do not express an opinion on the effectiveness of YWCA of San Gabriel Valley's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 3-1 Compliance and Other Matters As part of obtaining reasonable assurance about whether YWCA of San Gabriel Valley's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. V eA--+-- � 11 Ar * 4. Calabasas, California March 28, 2018 3-2 VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS I AUDITORS AND ADVISERS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) Covina, California Report on Compliance for Each Major Federal Program We have audited YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of YWCA of San Gabriel Valley's major federal programs for the year ended June 30, 2017. YWCA of San Gabriel Valley's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs. Auditors' Responsibility Our responsibility is to express an opinion on compliance for each of YWCA of San Gabriel Valley's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about YWCA of San Gabriel Valley's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of YWCA of San Gabriel Valley's compliance. 3-3 Opinion on Each Major Federal Program In our opinion, YWCA of San Gabriel Valley complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2017. Report on Internal Control Over Compliance Management of YWCA of San Gabriel Valley is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered YWCA of San Gabriel Valley's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance required by the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of YWCA of San Gabriel Valley's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. V &4,4— a N •Y#, + 4. Calabasas, California March 28, 2018 3-4 If I Qyy', S y •yj/�� ,WT. ,ITS. � `°,.. r A w bb rR3 QO If I •yj/�� ,WT. ,ITS. � `°,.. r A rR3 � 'V=11 C C N �ii V in W M L fr N N �i y#N J N N _ N N N �W{ W N qN qN YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS FOR THE YEAR ENDED JUNE 30, 2017 (FEIN: 95-1641967) 1. BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal and State Awards (the "Schedule") includes the federal grant activity of YWCA of San Gabriel Valley under programs of the federal government for the year ended June 30, 2017. The information in this schedule is presented in accordance with the requirements of the Uniform Guidance, Audits of States, Local Governments, and Non -Profit Organizations. Because the schedule presents only a selected portion of the operations of YWCA of San Gabriel Valley, it is not intended to and does not present the financial position, changes in net assets or cash flows of YWCA of San Gabriel Valley. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the Schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. Pass-through entity identifying numbers are presented where available. 3. DE MINIMIS INDIRECT COST RATE YWCA of San Gabriel Valley did elect to use the 10% de minimis indirect cost rate for the year ended June 30, 2017. 4. LOAN AND LOAN GUARANTEE YWCA of San Gabriel Valley did not have any balances of loan and loan guarantee programs outstanding at June 30, 2017 for loans described in 2 CFR section 200.50(b). 3-7 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 30, 2017 Section I - Summary of Auditors' Results Financial Statements Type of auditors' report issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified. Internal control over financial reporting: • Material weaknoss(es) identified? • Significant deficieney(ies) identified? Noncompliance material to financial statements noted? Federal Awards Internal control over major programs: • Material weakness(es) identified? • Significant deficiency(ies) identified? Type of auditors' report issued on compliance for major programs Unmodified. Any audit findings disclosed that aro required to be reported in accordance with 2 CFR 200.516(a)? Identification of major programs: CFDA Numberisl Various 93.044 93.045 93.053 93.558 93.569 Dollar threshold used to distinguish between type A and type B programs: Auditee qualified as low-risk auditee? Section It - Financial Statement Findings No matters were reported. Section III - Federal Award Findings and Ouestioned Costs No matters were reported. Yes X No Yes X None Reported Yes X No Yes X No Yes X None Reported Yes X No Name of Federal Program or Cluster Aging Cluster: Special Programs for the Aging_Titte III, Part B Grants for Supportive Services and Senior Centers Special Programs for the Aging_Title III, Part C Nutrition Services Nutrition Services Incentive Program Temporary Assistance for Needy Families Community Services Block Grant 3-8 $750,000 X Yes No YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) CURRENT AND PRIOR YEARS FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 30, 2017 CURRENT YEAR FINDINGS AND QUESTIONED COSTS: 2017 Findings: There were no 2017 findings noted. 2017 Questioned Costs: There were no 2017 questioned costs noted. PRIOR YEARS FINDINGS AND QUESTIONED COSTS: 2016 Findings: There were no 2016 findings noted. 2016 Questioned Costs: There were no 2016 questioned costs noted. 2015 Findings: There were no 2015 findings noted. 2015 Questioned Costs: There were no 2015 questioned costs noted. 3-9 STAFF REPORT ITEM NO. 15 - STAFF S TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: March 20, 2019 SUBJECT: Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions SUMMARY This report requests that the City Council review applicants and appoint/reappoint commissioners to the Housing, Planning, and Recreation Commissions. RECOMMENDATION Staff recommends the City Council review all commission applications and make respective appointments and adopt Resolution No. 2019-007. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office PLANNING COMMISSION The Planning Commission consists of five (5) members appointed to a two-year term on a staggered basis. Terms have expired June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), Mariel Marcel Jr. (Office No. 4), and Edith Flores (Office No.5) The following persons have requested consideration of appointment to the Planning Commission: 3 open seats Office Nos. 3.4. & 5 — Terms to June 30. 2020 Incumbent Commission Applicants New Applicants Mariel Marcel Jr. Marlene Garcia Edith Flores Ruiz Christopher Garrido Christopher Saenz RECREATION COMMISSION The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term on a staggered basis and three (3) members shall be students serving a one-year term. Terms have expired June 30, 2019 for Recreation Commissioners Jean M. Ayala (Office No.1), Deanna Coronado Robles (Office No. 2), Alejandra Cervantes (Office No.3), Jo Ann Watkins (Office No. 4), and Jesus Emanuel Rodriguez (Office No. 5). The additional student vacancies have not been filled due to student turnover. The following persons have requested consideration of appointment to the Recreation Commission: 5 open seats Office Nest- 1.2.3_d_ & 5 — Terms to June 30. 2021 Incumbent Commission Applicants New Applicants Jesus Emanuel Rodriguez Cecilia Bernal Jo Ann Watkins Deborah Ann Dow N/A (1 student from Sierra Vista) Maria Guadalupe Fajardo Ralph Galvan Marlene Garcia Stephany Najarro 3 open seats Student Office No's. 6. 7. and 8 — Terms to June 30. 2020 Incumbent Commission Applicants New Applicants N/A (1 student from Baldwin Park High) Herman Cortez (Baldwin Park High) N/A (1 student from North Park High) Kendra Nguyen (Baldwin Park High) N/A (1 student from Sierra Vista) Housing Commission The Housing Commission consists of a total of seven (7) members appointed to varied terms in accordance with Municipal Code Chapter 32.22. Vacancies have not been filled due to lack of applicants. The following persons have requested . consideration of appointment to the Housing Commission: 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants N/A Susan Cervantes LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" - Resolution No. 2019-007 2. Exhibit "B" - Roster of Commission Members Exhibit "A" Resolution No. 2019-007 RESOLUTION NO. 2019-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE SCHEDULED VACANCIES FOR THE HOUSING, PLANNING AND RECREATION COMMISSIONS WHEREAS, there are currently three (3) open seats in the Planning Commission, five (8) open seats in the Recreation Commission, and seven (7) open seats in the Housing Commission; and WHEREAS, a public Notice of Vacancy was posted in accordance with Government code Section 54973 and Baldwin Park Municipal Code Chapter 32; and WHEREAS, the City Council desires to fill the scheduled vacancies in each office; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.22, appointments to Office Nos. 1-6 is made and entered onto this resolution for a terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following are appointed as members of the respective Commission and shall hold office at the pleasure of the City Council and serve for their respective term noted below: PLANNING COMMISSION 3 open seats Office Nos. 3.4. & 5 — Terms to June 30. 2020 Incumbent Commission Ap licants New Applicants Mariel Marcel Jr. Marlene Garcia Edith Flores Ruiz Christopher Garrido Christopher Saenz RECREATION COMMISSION 5 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2021 Incumbent Commission Applicants New Applicants Jesus Emanuel Rodriguez Cecilia Bernal Jo Ann Watkins Deborah Ann Dow High) Maria Guadalupe Fajardo N/A (1 student from North Park Ralph Galvan High) Marlene Garcia N/A (1 student from Sierra Vista) Stephany Na'arro 3 open seats Student Office No's. 6, 7, and 8 — Terms to June 30, 2020 Incumbent Commission New Applicants Applicants Susan Cervantes N/A (1 student from Baldwin Park Herman Cortez (Baldwin Park High) High) N/A (1 student from North Park Kendra Nguyen (Baldwin Park High) High) N/A (1 student from Sierra Vista) HOUSING COMMISSION 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants N/A Susan Cervantes Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Commission's Secretaries. PASSED, APPROVED, AND ADOPTED this 20th day of March 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-007 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 20, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Exhibit "B" Roster of Commission Members m rn m m °) o �- r v =�'o NF- z z I- z F- z c 00 mao U L ) Vzo L) Vzo Vzo Z r. ,, C CO 04" - a M > N Q > �C�p M Q > �(�p M Q ch > �� � M I �(D O N 0' U O: I c r .p N I c N 'p �yI c N p I c d p c 'p ° p `- o,a "Qw d CL as "Qw `- y Q- CL CL CL oQw "Qw U CL o..> 'JEQw La Vis$ O O O O E _ E p U m 00 U „SL7 a> F- H F- F- zF- zF °° ¢°° a' ' aaa ' \\ °` Q °\°a Q Q\Z\M\Z\M\Z\MZ\ ' Q Q ri Q M MZI3 > c) > > > > > G U C > C w ° U °,�Q 46 .p N C O N I C 'O I i O i O d c 6i i O 'O W QalL 4) a'a 4)a'p-, UQW as CL Uaw 4) CL m a'n 4) a'a d n'n "aw m IE awQwQw W N a=b O O O O 'E Z E O 0 N a� d d Om y V m m¢p, woc o cam a = o LL OU) y0� j Qr0 (Or0 Uro) Uro) -r0) =r(p CrCp 4a LO Cyto aar� y�r �r iro c�� o,o ��� ro ,r Q)�r 3�0 ��o �r ��o �p�r �°r°o U�r 0°r°o LU = r r m~O I 2 =er-� c) °�� V CO M flrC r = M = M =.r-oUer-C�p a 'co) E M > aC�O M >�C�p M >r� N E Z` N yU 8 :B = m O �a w m'D = 0 !& 0 (A O o c w-0 � N I O ma � 0 I O ,.v *C p fn I O �v 4k U fn O ° U V U 2 I .p„ c C C r(D y U C N a C � fA N.U.. I c d 7 c N �U U c N U C U C d c O_o 0 (n a'n 0. LU� d C L ' a C Ld wa U '0 .% '� v w'w . CL ow U w Q 0 QLO Q99O O 9x �a o0.y _ E Q E O _V U c Sm N U `C,ar-0) 011- LD L00 Q�a0 w�N .=UriO rnyrr mac =moo M't =�o L N °'moo tL'tO ��o�o =wN I �� 'O� Nom •E O 'rr. M\ 'O�M m o c0 W c0 M:° op W N y I Y m y N�� s 4) V °� I a°) d�� aUi N> =d C.Q. CO X 6m I I •=ayiCN p 'CL co vc' w 0Q L QWQ 0aC CL '� QC WQ c 0 O .° Q A2 O 0 o O E O U STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk " DATE: March 20, 2019 PY SUBJECT: Approve and Adopt Resolution No. 2019-008 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate SUMMARY This report requests City Council selection of designated representatives and alternates as official representatives of the City. RECOMMENDATION Staff recommends City Council rescind Resolution 2019-001 and complete the review and appointment of members to the positions of delegates and alternates of the established committees and organizations presented in Resolution No. 2019-008, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND Each year, following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. During the regularly scheduled City Council meeting of February 6, 2019, the City Council made appointments to certain agencies approved by Resolution 2019-001 and directed staff pending appointments be brought back for selection. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1. Resolution No. 2019-008 2. Roster of City Council Appointed Delegates Attachment 1 Resolution No. 2019-008 RESOLUTION NO. 2019-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2019-001 adopted February 6, 2019 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: I Councilmember Susan Rubio I Alternate: I Mavor Manuel Lozano I I Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4th Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: Wa or Manuel Lozano Mayor Manuel Lozano Alternate: Council Member Ricardo Pacheco Mayor Pro Tem Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existinq Appointees I New Appointees Representative: Mayor Pro Tem Cruz Baca Council Member Alejandra Avila Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative: Chief of Police Chief of Police Alternate: I Mavor Manuel Lozano Mavor Manuel Lozano Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Council Member Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Council Member Aleiandra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Existing Appointees New Appointees Representative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee - As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND - NO) Existing Appointees New Appointees Representative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Tem Cruz Baca Alternate: Councilmember Susan Rubio Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Existing Appointees I New Appointees Representative: Councilmember Ricardo Pacheco Alternate: Councilmember Cruz Baca Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Mavor Manuel Lozano Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District -2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND - $100 per meeting) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: I Mavor Pro Tem Monica Garcia Council Member Aleiandra Avila Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2"d Thursday at 10:00 a.m.; Rio Hondo Event Center (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Councilmember Cruz Baca (Must be Elected Official) Pacheco Expires: 12/31/2019 per Health and Alternate: Chief Executive Officer Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco Councilmember Ricardo Pacheco "Not required Human Resources/Risk Expires: 12/31/2019 per Health and (May be staff member Manager Laura Thomas Safety Code § 2024 a Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: I Mavor Pro Tem Monica Garcia Council Member Aleiandra Avila Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2"d Thursday at 10:00 a.m.; Rio Hondo Event Center (MEMBERS RECEIVE A STIPEND — NO) Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Ricardo Mayor Manuel Lozano (Must be Elected Official) Pacheco Alternate: Chief Executive Officer Chief Executive Officer Shannon (May be staff member Shannon Yauchzee Yauchzee Substitute Alternate: Human Resources/Risk Human Resources/Risk Manager (May be staff member Manager Laura Thomas Laura Thomas Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 20th day of March, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-008 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 20, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Roster of Appointed Delegates su Ln O Oa O p N 3tu r-1 7 '.: N C 3 M • .. v� LO :N OJ U O p Q O1 G) O 00 N N c m rn rn N NL) V- C Cn }fir U : LO Opo m e-1 U p O G7 CO U N N R r L Ol CI� M C O M N ta, C u N C.. m CD O f° O c 01 LD 4 O N O �O O O N; O E O m O U E Ln O. CD U "O Ln N Ol U • tw N GJ Ln g n n o' o t`iif• a 4 m U • o 01 vOpo[ ° pQ o m Lo 41 .. m ,n +. G. 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O !_ ,O O O C O >- M O an w rl O O C°+ t' U U a DO d J U V tff N U OG N 01 wto tQ 9M C Y C Q O ii C > O +' alb H N C N N t, Q 4-1����° a) E _ s 0 Z' to rq L O O Z O Z +'�*€�E p E- via iF v 75- 5 ' ` f 41 O y (a OZ O .0 U N N ry t N 4-4 R—'70 v O y C O U N gyp, O m co j.d cu }a cc C i C E a) N p i a)> m T ? f0 Ln N O O Op f0 Ln N E E m moo p 11 ^r , a) Q p Q ari 0��.r7Crwopp Raj Q 9 c o p L ' t U cu m U O N 0 0{�r...........0 1 i f F fO cam, a NiT t: ■0 j..i .N V! L 0 0 .i 0 w� yW� T w� W 4) 0 .0 Octam rIL 0 V OMENS V C CU EL V) O z .* O C m N 0 7 C t0 l0 •L I� V u U O 2 m L O C m 00 •0 M H (A IA v m *= v U 0 N 0) m o w +' E Vf to l0 Q+�+ f0 cn >- tuC m i � t2 O 7VO aj c C o > O O O O � > c O. O '1 Q Ox �^ O w E v ++ v +� U N O 00 LL (n N L LO ++ O L O ++ M U O� Q Q Ln W to v a� L n cu �a 0 m m m o w +' E Vf to l0 Q+�+ cn >- 5 U m t2 CL _ > 7VO LU* c C o M o O m a z � m AGENDA BALDWIN PARK FINANCE AUTHORITY MARCH 20, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 F �pLD W'ti HU OF V THE T� 0 SAN GA MEL 2�o VA L LEY D JANup Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco Chair - Vice Chair - Board Member Board Member Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invite al publico a dirigirse a la Agencia nombrada an esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema qua est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podrd hacedo durante el periodo de Comentarlos del Pdblico (Public Communications) anunciado an la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7.30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM FROLL O ORDER ALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS1& No se podra tomar acci6n an alg0n asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar an consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. Treasurer's Report — January 2019 Staff recommends that the Board receive and file the Treasurer's Report. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of March, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales()baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. A TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance IV DATE: March 20, 2019 SUBJECT: Treasurer's Report — January 2019 SUMMARY Attached is the Treasurer's Report for the month of January 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 1/31/2019 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET ' DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of CalUomia Local Agency Invesunent Fund (WFj__ _... City -Including General Fund a a8 othen Special Revenue Funds 2.36% Varies Varies $ 27,053,454.84 $ 27,053,464.84 S 27,063,454.84 $ 2710530154.54 Housing Authority 2.36% Varies Varies 13,670.22 13,570.22 13,570.22 13,670.22 CartMicae 27,067,024.86 27,057,024.86 27,067,020.96 27,057,024.88 ori Citibank National Association (Mutual Securities) 2.05% 112512019 1/25/2021 260,000.00 250,000.00 250,000.00 249,502.60 American Express Centurion (Mural Securities) 1.60% 4112!2017 4/12/2019 260,000.00 260,000.00 250,000.00 249,677.59 Everbank-Jacksonvgk (Mutual Securities) 1.56% 4116/2017 411512019 250,000.00 250,000.00 250,000.00 248,627.50 Goldman Sachs tic USA NY (Mutual Securities) 2.25% 1/24/2011 1124/2020 250,000.00 250.000.00 250,000.00 248,282.50 Sable Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 11241201E 1124/2020 250,000.00 250,000.00 250,000.00 249,282.50 Sara National Bank New York (Cantella) 2.00% 4116/2018 4115/2019 260,000.00 250,000.00 260,000.00 249,850.00 Morgan Stanley Bank N A Utah (CsnteMa) 2.64% 411912018 4120/2020 250,000.00 250,000.00 260,000.00 250,150.00 Barclays Bards Del (Carteia) 3.05% 12/19/2018 12/21/2020 250,000.00 2501000.00 260,000.00 251,442.50 2,000,000.00 2,000,000.00 2,000,000.00 1,998,815.00 US Treasury BMI (UBS► 2.07% 3129/2018 3/2612019 1,000,000.00 1,000,000.00 1,000,000.00 986,186.00 Fiscal Agent Furl (TrustlDebt Service Fund) Varies Varies Varies 0.00 0.00 0.00 0.00 Fiscal Agent Funds - Successor Agency (TruaWDebt Service Func Varies Varies Varies 163,060.68 163,060.66 153,060.66 163,060.88 153,060.66 163,060.66 153,060.58 153,050.66 III 30220,085.52 $ $ 30,215,085.52 Total Mvesbnents $ 30,220,085.62 Cash with Bank of the West City Checking 3,523,781.86 Money Market Plus 13$607.15 City Miscellaneous Cash 52,935.99 Successor Agency 1,536,546.62 Housing Authority 196,903.19 Financing Authority 0.00 Investment Brokerage 55.30 Total Cash with Bank of the West 5,442,962.17 Total Cash and Investments $ 36,883,037.89 Schedule of Cash and Investments includes city -Wide assets as Included In the Comprehensive Annual Financial Report. • There was one Certificate of Deposit that matured in January 2019. One Certificate of Deposit was purchased in January 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Govemment Code Section 53646 at seq.,1 hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY MARCH 20, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 SAL� HU _ OF 4 VTHE SA h1 klE L A L LEY ORq1q) JANVP� Manuel Lozano - Chair Monica Garcia Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invite al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado an matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdicci6n. Board, you may do so during the PUBLIC Si usted desea la oportunidad de didgirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerio durante el perlodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un inffirprete para su convenience. conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sent el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL Comm& No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos qua exista a/g0na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas porpersonas, o 2) Dirigirpersonal a investigary/o fljarasuntos para tomaren consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. Warrants and Demands Staff recommends that the Board ratify the Warrants and Demands. 2. Treasurer's Report — January 2019 Staff recommends that the Board receive and file the Treasurer's Report. PUBLIC HEARING 3. Baldwin Park Housing Authority's Public Housing Agency FY 2019-2020 Annual Plan Staff recommends the Housing Board conduct the public hearing and following the public hearing: 1. The adoption of the Public Housing Agency (PHA) FY 2019-2020 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment "A"); and 2. Adopt Resolution No. HA 2019-001, establishing the adoption of the Plan as required by the U.S Department of Housing and Urban Development (HUD) (Attachment "B"). ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bul tin board not less than 72 hours prior to the meeting. Dated this 14th day of March, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at (morales baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. Z TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance ,w DATE: March 20, 2019 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Registers. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $738,510.40. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: The January 8 to March 11, 2019 Warrant check numbers from 72193 through 72202 in the amount of $3,122.00 and Automated Clearing House (ACH) in the amount of $735,388.40 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Attachment 1 Happy Check Register Check Register March 7, 2019 Date Range: 01/0812019...03/1112019 Grouped by.- y:VMS VMSDate Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposita Exclude Check Cleared. All Port Status. Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Check Number Check Date Payee Name DD Amount ® 72193 02/01/2019 AMFP IV Atrhum LLC c/o Abacus Capital Group LLC ❑ 1358.00 ❑ 72194 02/01/2019 Annie L Henderson ❑ 15.00 ❑ 72195 02/01/2019 City of Carlsbad ❑ 787.50 ❑ 72196 02/01/2019 Joseph A Bannister ❑ 29.00 ❑ 72197 02/01/2019 Vanessa G Ross ❑ 21.00 ❑ 72198 03/01/2019 Annie L Henderson ❑ 15.00 ❑ 72199 03/01/2019 City of Carlsbad ❑ 787.50 ❑ 72200 03/01/2019 Joseph A Bannister ❑ 29.00 ❑ 72201 03/01/2019 Sylvia Inez Moreno ❑ 59.00 ❑ 72202 03/01/2019 Vanessa G Ross ❑ 21.00 Total $3,122.00 Average $260.17 Unit Count 3 Average Weighted by Unit Count $936.67 Hard to House Count 0 HAPPY Software Page 1 03/07/2019 5:25:11 PM Attachment 2 Happy Check Register ACH Check Register ACH March 7, 2019 Date Range: 01/0812019...03/1111019 Grouped by.- y.VMS VMSDate Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposit: Only Check Cleared: All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Check Number Check Date Payee Name DD Amount ❑ 19366 02/01/2019 0 1103.00 ❑ 19367 02/01/2019 1015 West Garvey West Covina, LP ® 525.00 ❑ 19368 02/01/2019 1024 Royal Oaks LP dba Whispering Fountains ® 11963.00 ❑ 19369 02/01/2019 Aaron Abdus Shakoor ® 785.00 ❑ 19370 02/01/2019 Alan Wu 0 836.00 ❑ 19371 02/01/2019 Alejandra Gutierrez ® 932.00 ❑ 19372 02/01/2019 Alfonso Contreras ® 55.00 ❑ 19373 02/01/2019 Alfred Tai -Kang HO ® 1863.00 ❑ 19374 02/01/2019 Allan M. & Virginia J Chipp and Ralph Seline ® 3133.00 ❑ 19375 02/01/2019 Alta Vista Villas, LP ® 744.00 ❑ 19376 02/01/2019 Amparo M Limon ® 606.00 ❑ 19377 02/01/2019 Amy Si On ® 778.00 ❑ 19378 02/01/2019 Ana Thai ® 929.00 ❑ 19379 02/01/2019 Andrew & Eva Fogg ® 1551.00 ❑ 19380 02/01/2019 Anna & Simon Choi ® 920.00 ❑ 19381 02/01/2019 Annette C Scott ® 1519.00 ❑ 19382 02/01/2019 Antonio & Aida Rinos ® 949.00 ❑ 19383 02/01/2019 ASCENSION HOLDINGS LLC ® 932.00 ❑ 19384 02/01/2019 Badillo Street Senior Apartments, LLC ® 12179.00 ❑ 19385 02/01/2019 Bandur K. Mamdani ® 1227.00 ❑ 19386 02/01/2019 Baldwin Park Family Housing Limited ® 12697.00 ❑ 19387 02/01/2019 Beatrice Pyatt ® 872.00 ❑ 19388 02/01/2019 Becky Binh Nguyet Luu ® 1876.00 ❑ 19389 02/01/2019 Billy Theodorakopoulos ® 869.00 ❑ 19390 02/01/2019 Blessed Rock of El Monte ® 3894.00 ❑ 19391 02/01/2019 Brookhollow Apartments ® 3613.00 ❑ 19392 02/01/2019 Burnel & Mae Smith ® 1645.00 ❑ 19393 02/01/2019 Central Apartments #2 ® 1661.00 ❑ 19394 02/01/2019 Chen Jackson ® 293.00 ❑ 19395 02/01/2019 Cienega Garden Apartments ® 3845.00 ❑ 19396 02/01/2019 Cipriano Salazar Jr. ® 885.00 0 HAPPY Software Page 1 03/07/2019 5:26:03 PM ❑ 19397 02/01/2019 Clinett Glazis ® 592.00 ❑ 19398 02/01/2019 Covina 023 Woods 206 LP - Pama Management 206 ® 688.00 ❑ 19399 02/01/2019 Cynthia Pham ® 765.00 ❑ 19400 02/01/2019 Dajojo, LLC ® 467.00 ❑ 19401 02/01/2019 Denise Van Pham ® 1632.00 ❑ 19402 02/01/2019 Derek Sim ® 814.00 ❑ 19403 02/01/2019 Dieu Van Huynh ® 969,00 ❑ 19404 02/01/2019 Dieu-Thuy Nu Ton ® 1409.00 ❑ 19405 02/01/2019 Dimitris Papadopoulous ® 1055.00 ❑ 19406 02/01/2019 Dinghwa Eddy Liu ® 1527.00 ❑ 19407 02/01/2019 Doan & Lily Thi ® 1652.00 ❑ 19408 02/01/2019 Don Norwood ® 1409.00 ❑ 19409 02/01/2019 Donna J Falls ® 765.00 ❑ 19410 02/01/2019 Doreen Han ® 620.00 ❑ 19411 02/01/2019 Dung Tran ® 896.00 ❑ 19412 02/01/2019 Dung Trung Pham and Tammy Tram Dang ® 196.00 ❑ 19413 02/01/2019 EI Monte Housing Partners LP ® 2486.00 ❑ 19414 02/01/2019 Emilio De Jesus Cruz ® 787.00 ❑ 19415 02/01/2019 Eric C. Otte ® 1059.00 ❑ 19416 02/01/2019 Estate of Rosetta Mix ® 843.00 ❑ 19417 02/01/2019 Eunice Property, LLC ® 885,00 ❑ 19418 02/01/2019 EZ APT LLC ® 1301.00 ❑ 19419 02/01/2019 Fanny Chan ® 680.00 ❑ 19420 02/01/2019 Fat Law 0 1050.00 ❑ 19421 02/01/2019 Francisco J. Sanchez and Gloria Emma Sanchez ® 778.00 0 19422 02/01/2019 Fred Lau ® 825.00 ❑ 19423 02/01/2019 Garvey Senior Affordable Partners, LP ® 391.00 ❑ 19424 02/01/2019 German Ghibaudo ® 1215.00 ❑ 19425 02/01/2019 Gilbert Dominguez ® 4731.00 ❑ 19426 02/01/2019 Grace Chiou ® 1286.00 ❑ 19427 02/01/2019 Greater San Gabriel Valley Property Management, Inc. ® 1249.00 ❑ 19428 02/01/2019 Group IX BP Properties, LP ® 350.00 ❑ 19429 02/01/2019 Guillermo Vasquez ® 1170.00 0 19430 02/01/2019 Ha X Van ® 1749.00 0 19431 02/01/2019 Henry Ho ® 746.00 ❑ 19432 02/01/2019 Henry Wong ® 1650.00 ❑ 19433 02/01/2019 Heritage Park Villas LP ® 14820.00 ❑ 19434 02/01/2019 Hilbert Properties II ® 755.00 ❑ 19435 02/01/2019 Hui Chuan Wang ® 3208.00 ❑ 19436 02/01/2019 Isabel R Sanchez ® 1034.00 ❑ 19437 02/01/2019 Jaime Barcena ® 793.00 ❑ 19438 02/01/2019 James or Barbara Fox ® 742.00 ❑ 19439 02/01/2019 JBMW Investment, LLC ® 764.00 ❑ 19440 02/01/2019 Jeff Ma ® 677.00 ❑ 19441 02/01/2019 Jesse S. Gonzalez ® 822.00 ❑ 19442 02/01/2019 Jianhong Zhen ® 79.00 0 HAPPY Software Page 2 03/07/2019 5:26:03 PM ❑ 19443 02/01/2019 Jim & Nancy Bailey ® 596.00 ❑ 19444 02/01/2019 Jocelyn Jae Jhong ® 2057.00 ❑ 19445 02/01/2019 Joe Clark 0 1257.00 ❑ 19446 02/01/2019 John Nguyen ® 533.00 ❑ 19447 02/01/2019 John W. Ruwitch and Anh Lam Truong ® 864.00 ❑ 19448 02/01/2019 John Young ® 520.00 ❑ 19449 02/01/2019 Jose Baudelio Delgado ® 791.00 ❑ 19450 02/01/2019 Joseph H. Garcia ® 2913.00 ❑ 19451 02/01/2019 Joseph M. Kwok ® 1836.00 ❑ 19452 02/01/2019 Joseph Pham ® 814.00 ❑ 19453 02/01/2019 Joseph T. Tung ® 886.00 ❑ 19454 02/01/2019 Juan Alvarado ® 431.00 ❑ 19455 02/01/2019 Kan Investments LTD, LLC ® 554.00 ❑ 19456 02/01/2019 Karen Lin ® 129.00 0 19457 02/01/2019 Kim Chau ® 837.00 ❑ 19458 02/01/2019 Kimberly Nguyen ® 679.00 ❑ 19459 02/01/2019 Kimberly U Dao ® 341.00 ❑ 19460 02/01/2019 Kwan Chiang ® 959.00 ❑ 19461 02/01/2019 Ky Tran ® 1189.00 ❑ 19462 02/01/2019 LAI MING LEUNG ® 549.00 ❑ 19463 02/01/2019 Lan Hua Mi Ku ® 898.00 ❑ 19464 02/01/2019 Lark Ellen Village ® 6629.00 ❑ 19465 02/01/2019 Larry Chow ® 2473.00 ❑ 19466 02/01/2019 Larry Mimms ® 1067.00 ❑ 19467 02/01/2019 Larry Pratt or Doreen E. Ewing ® 1563.00 ❑ 19468 02/01/2019 LAT Investments, LLC ® 4590.00 ❑ 19469 02/01/2019 Lawrence and/or Lorraine Scimeca ® 1402.00 ❑ 19470 02/01/2019 LEFA Trust ® 766.00 ❑ 19471 02/01/2019 Leslie K Ng ® 851.00 ❑ 19472 02/01/2019 Lien Diep ® 1141.00 ❑ 19473 02/01/2019 Linda Man ® 779.00 ❑ 19474 02/01/2019 Lois J Gaston ® 1168.00 ❑ 19475 02/01/2019 Louis Tong ® 1087.00 ❑ 19476 02/01/2019 Lourdes Vela ® 2864.00 ❑ 19477 02/01/2019 Luan Trong Hoang ® 744.00 ❑ 19478 02/01/2019 Lucena A Ewing ® 2403.00 ❑ 19479 02/01/2019 Mack E Titus ® 532.00 ❑ 19480 02/01/2019 Malcolm Oso ® 543.00 ❑ 19481 02/01/2019 Mallorca Apartments, LTD ® 881.00 ❑ 19482 02/01/2019 Man Sze Ma ® 1094.00 ❑ 19483 02/01/2019 Maria Luisa Fernandez ® 74.00 ❑ 19484 02/01/2019 Maria Luz Rodriguez ® 475.00 ❑ 19485 02/01/2019 Marina Alvarez ® 2399.00 ❑ 19486 02/01/2019 Mark T. Fernandez ® 581.00 ❑ 19487 02/01/2019 Mary L Haynes ® 996.00 ❑ 19488 02/01/2019 Mayra Ortega ® 1088.00 0 HAPPY Software Page 3 03/07/2019 5:26:03 PM ❑ 19489 02/01/2019 Melody (Muoi) Dao ® 1230.00 ❑ 19490 02/01/2019 Michael Alfred Alarcon ® 1380.00 ❑ 19491 02/01/2019 Michael H Phuong ® 1498.00 ❑ 19492 02/01/2019 Michael I. or Ling Brooks ® 1113.00 ❑ 19493 02/01/2019 Minh A Nguyen ® 634.00 ❑ 19494 02/01/2019 Mohamad Tavakkoli ® 4191.00 ❑ 19495 02/01/2019 Moller Property Management ® 848.00 ❑ 19496 02/01/2019 Monica Alber ® 906.00 ❑ 19497 02/01/2019 Monrovia 612, LP ® 7614.00 ❑ 19498 02/01/2019 Monrovia Heritage Park LP ® 17016.00 ❑ 19499 02/01/2019 Monrovia Heritage Park LP ® 1836.00 ❑ 19500 02/01/2019 Mousa Boushaaya ® 885.00 ❑ 19501 02/01/2019 Nancy H Shen ® 781.00 ❑ 19502 02/01/2019 NgocT. Lieu ® 1848.00 ❑ 19503 02/01/2019 Nomer Lacson ® 971.00 ❑ 19504 02/01/2019 Olie S Johnson ® 881.00 ❑ 19505 02/01/2019 Olive RE Holdings, LLC ® 3461.00 ❑ 19506 02/01/2019 Orange County Housing Authority ® 1631.70 ❑ 19507 02/01/2019 Pacific Towers Senior Apartments - TDF LP 0 3793.00 ❑ 19508 02/01/2019 Palo Verde Apartments, LP ® 1407.00 ❑ 19509 02/01/2019 PAMA IV Properties, LP ® 2112.00 ❑ 19510 02/01/2019 Paramjit S Nijjar ® 2192.00 ❑ 19511 02/01/2019 Paul & Annie W Chau ® 966.00 ❑ 19512 02/01/2019 Paul P Simon ® 987.00 0 19513 02/01/2019 Paul Yan 0 676.00 0 19514 02/01/2019 Paul Yen 0 594.00 ❑ 19515 02/01/2019 Peter R Nasmyth ® 680.00 ❑ 19516 02/01/2019 Philip Tsui ® 633.00 ❑ 19517 02/01/2019 Primrose Villa ® 5256.00 ❑ 19518 02/01/2019 Quoc T. Vo ® 1188.00 ❑ 19519 02/01/2019 Quy Duc Tran ® 205.00 ❑ 19520 02/01/2019 Ralph V. Parra ® 1130.00 ❑ 19521 02/01/2019 Ramiro S. Viramontes Separate Property Trust dated ® 435.00 ❑ 19522 02/01/2019 RAMONA BLVD FAMILY APARTMENTS, L.P. ® 1917.00 ❑ 19523 02/01/2019 Raul Varela Ayala ® 630.00 ❑ 19524 02/01/2019 Richard A DaSylveira ® 817.00 ❑ 19525 02/01/2019 Robert Lawe ® 871.00 ❑ 19526 02/01/2019 Roger Hin Nam Mak ® 8810.00 ❑ 19527 02/01/2019 Roland Wiekamp ® 1269.00 ❑ 19528 02/01/2019 Roman Basin ® 376.00 ❑ 19529 02/01/2019 Ronald & Pamela Layne ® 526.00 ❑ 19530 02/01/2019 Rosa Beltran ® 1730.00 ❑ 19531 02/01/2019 Rosa Lamas-Serratos ® 1704.00 ❑ 19532 02/01/2019 Rosie Leon ® 774.00 0 19533 02/01/2019 Roy Lam ® 849.00 ❑ 19534 02/01/2019 SAE GROUP, LLC ® 1312.00 0 HAPPY soft" Page 4 03/07/2019 5:26:03 PM ❑ 19535 02/01/2019 Sara Romo ® 954.00 ❑ 19536 02/01/2019 Sel Homes LLC ® 8049.00 ❑ 19537 02/01/2019 Sergio Molina ® 921.00 ❑ 19538 02/01/2019 Shiu-Ein Huang ® 435.00 ❑ 19539 02/01/2019 Singing Wood Senior Housing LP ® 1140.00 ❑ 19540 02/01/2019 Siu Fung Mak ® 919.00 ❑ 19541 02/01/2019 Sophia Wong ® 1686.00 ❑ 19542 02/01/2019 Steadfast Cameron Park LP ® 81000 ❑ 19543 02/01/2019 Sui Man Mak ® 1179.00 ❑ 19544 02/01/2019 T & P Property LLC ® 795.00 ❑ 19545 02/01/2019 T & T Asset Holding, LLC ® 2661.00 ❑ 19546 02/01/2019 Takis Bogris ® 617.00 ❑ 19547 02/01/2019 Tanya H Chen ® 798.00 ❑ 19548 02/01/2019 Thanh M Tang ® 608.00 ❑ 19549 02/01/2019 The Piedrahita Trust "B" ® 1763.00 ❑ 19550 02/01/2019 The Promenade Housing Partners, LP ® 2989.00 ❑ 19551 02/01/2019 The Sam Gurfinkel and Renee Gurfinkel Revocable 1996 ® 1227.00 ❑ 19552 02/01/2019 Therisa L Tyck ® 891.00 ❑ 19553 02/01/2019 Thomas Pang ® 1424.00 ❑ 19554 02/01/2019 Tinh Van Le ® 440.00 ❑ 19555 02/01/2019 Tom Cinquegrani ® 1084.00 ❑ 19556 02/01/2019 Tom Lee ® 647.00 ❑ 19557 02/01/2019 Tuan Viet Ho ® 1681.00 ❑ 19558 02/01/2019 Up Hill Investment Inc. ® 1227.00 ❑ 19559 02/01/2019 Van T Tran ® 993.00 ❑ 19560 02/01/2019 Velma Alarcon Gandara ® 1262.00 ❑ 19561 02/01/2019 Vijay Gulati ® 2564.00 ❑ 19562 02/01/2019 Vinh H. Lai ® 885.00 ❑ 19563 02/01/2019 Vintage West Covina ® 11269.00 ❑ 19564 02/01/2019 Virginia Carlson ® 1061.00 ❑ 19565 02/01/2019 Wai Keng Tam ® 965.00 ❑ 19566 02/01/2019 West Covina Senior Villas Il, LP ® 584.00 ❑ 19567 02/01/2019 West Covina Seniors Villas 1 ® 1415.00 ❑ 19568 02/01/2019 William J Rogers ® 891.00 ❑ 19569 02/01/2019 Wilson Apartment Associates L.P. ® 3494.00 ❑ 19570 02/01/2019 Woodside Village Apartments LP ® 7760.00 ❑ 19571 02/01/2019 Xitlalai Sanchez ® 1275.00 ❑ 19572 02/01/2019 Xue Fen Xu ® 1186.00 ❑ 19573 02/01/2019 Xuyen Thach Han ® 1926.00 ❑ 19574 02/01/2019 Y & H Investment, Inc. ® 1491.00 ❑ 19575 02/01/2019 Zelmira Medina 1537.00 ❑ 19576 02/01/2019 Zi Jian Li ® 1277.00 ❑ 19577 02/12/2019 Clinett Glazis ® 1973.00 ❑ 19578 02/12/2019 Jun Ye and Ming Feng ® 1599.00 ❑ 19579 03/01/2019 ® 1103.00 ❑ 19580 03/01/2019 1015 West Garvey West Covina, LP ® 510.00 a HAPPY software Page 5 03/07/2019 5:26:03 PM ❑ 19581 03/01/2019 1024 Royal Oaks LP dba Whispering Fountains ® 14120.00 ❑ 19582 03/01/2019 Aaron Abdus Shakoor ® 785.00 ❑ 19583 03/01/2019 Alamitas LLC ® 2350.00 ❑ 19584 03/01/2019 Alan Wu ® ❑ 19585 03/01/2019 Alejandra Gutierrez ® 836.00 ❑ 19586 03/01/2019 Alfred Tai -Kong Ho and Lisa Chen ® 932.00 664.00 ❑ 19587 03/01/2019 Allan M. & Virginia J Chipp and Ralph Selina ® 3133.00 ❑ 19588 03/01/2019 Alta Vista Villas, LP ® ❑ 19589 03/01/2019 AMFP IV Atrium LLC c/o Abacus Capital Group LLC ® 744.00 1129.00 ❑ 19590 03/01/2019 Amparo M Limon ® 570.00 ❑ 19591 03/01/2019 Amy Si On ® ❑ 19592 03/01/2019 Ana Thai ® 778.00 ❑ 19593 03/01/2019 Andrew & Eva Fogg ® 929.00 ❑ 19594 03/01/2019 Anna & Simon Choi ® 1551.00 ❑ 19595 03/01/2019 Annette C Scott ® 920.00 ❑ 19596 03/01/2019 Antonio & Aida Rinos ® 1513.00 ❑ 19597 03/01/2019 ASCENSION HOLDINGS LLC ® 949.00 1019.00 ❑ 19598 03/01/2019 Badillo Street Senior Apartments, LLC ® 9641.00 ❑ 19599 03/01/2019 Bandur K. Mamdani ® 122700 ❑ 19600 03/01/2019 Baldwin Park Family Housing Limited ® 11982.00 ❑ 19601 03/01/2019 Beatrice Pyatt ® 872.00 ❑ 19602 03/01/2019 Becky Binh Nguyet Luu ® 1876.00 ❑ 19603 03/01/2019 Billy Theodorakopoulos ® 869.00 ❑ 19604 03/01/2019 Blessed Rock of EI Monte ® 3862.00 ❑ 19605 03/01/2019 Brookhollow Apartments ® 3613.00 ❑ 19606 03/01/2019 Central Apartments #2 ® 1661.00 ❑ 19607 03/01/2019 Chen Jackson ® 293.00 ❑ 19608 03/01/2019 Cienega Garden Apartments ® 3845.00 ❑ 19609 03/01/2019 Cipriano Salazar Jr. ® 882.00 ❑ 19610 03/01/2019 Clinett Glazis ® 991.00 ❑ 19611 03/01/2019 Covina 023 Woods 206 LP - Pama Management 206 ® 1335.00 ❑ 19612 03/01/2019 Cynthia Pham ® 765.00 ❑ 19613 03/01/2019 Dajojo, LLC ® 467.00 ❑ 19614 03/01/2019 Denise Van Pham ® 1632.00 ❑ 19615 03/01/2019 Derek Sim ® 838.00 ❑ 19616 03/01/2019 Dieu Van Huynh ® 969.00 ❑ 19617 03/01/2019 Dieu-Thuy Nu Ton ® 1409.00 ❑ 19618 03/01/2019 Dimitris Papadopoulous ® 1055.00 ❑ 19619 03/01/2019 Dinghwa Eddy Liu ® 1527.00 ❑ 19620 03/01/2019 Doan & Lily Thi ® 1652.00 ❑ 19621 03/01/2019 Don Norwood ® 1409.00 ❑ 19622 03/01/2019 Donna J Falls ® 765.00 ❑ 19623 03/01/2019 Doreen Han ® 620.00 ❑ 19624 03/01/2019 Dung Tran ® 623.00 ❑ 19625 03/01/2019 Dung Trung Pham and Tammy Tram Dang ® 196.00 ❑ 19626 03/01/2019 EI Monte Housing Partners LP ® 2486.00 0 HAPPY Software Page 6 03/07/2019 5:26:03 PM ❑ 19627 03/01/2019 Emilio De Jesus Cruz ® 537.00 ❑ 19628 03/01/2019 Eric C. Otte ® 1059.00 ❑ 19629 03/01/2019 Estate of Rosetta Mix ® 843.00 ❑ 19630 03/01/2019 Eunice Property, LLC ® 885.00 ❑ 19631 03/01/2019 EZ APT LLC ® 1301.00 ❑ 19632 03/01/2019 Fanny Chan ® 680.00 ❑ 19633 03/01/2019 Fat Law ® 1050.00 ❑ 19634 03/01/2019 Francisco J. Sanchez and Gloria Emma Sanchez ® 778.00 0 19635 03/01/2019 Fred Lau ® 825,00 ❑ 19636 03/01/2019 Garvey Senior Affordable Partners, LP ® 391.00 ❑ 19637 03/01/2019 German Ghibaudo ® 1050.00 ❑ 19638 03/01/2019 Gilbert Dominguez ® 2076.00 ❑ 19639 03/01/2019 Grace Chiou ® 1286.00 ❑ 19640 03/01/2019 Greater San Gabriel Valley Property Management, Inc. ® 1249.00 ❑ 19641 03/01/2019 Group IX BP Properties, LP ® 483.00 ❑ 19642 03/01/2019 Guillermo Vasquez ® 1170.00 ❑ 19643 03/01/2019 He X Van ® 2373.00 ❑ 19644 03/01/2019 Henry Ho ® 838.00 ❑ 19645 03/01/2019 Henry Wong ® 1650.00 ❑ 19646 03/01/2019 Heritage Park Villas LP ® 14924.00 ❑ 19647 03/01/2019 Hilbert Properties II ® 755.00 ❑ 19648 03/01/2019 Hui Chuan Wang ® 2893.00 ❑ 19649 03/01/2019 Isabel R Sanchez ® 1034.00 ❑ 19650 03/01/2019 Jaime Barcena ® 793.00 ❑ 19651 03/01/2019 James or Barbara Fox ® 742.00 ❑ 19652 03/01/2019 JBMW Investment, LLC ® 764.00 ❑ 19653 03/01/2019 Jeff Ma ® 343,00 ❑ 19654 03/01/2019 Jesse S. Gonzalez ® 822.00 ❑ 19655 03/01/2019 Jim & Nancy Bailey ® 596.00 ❑ 19656 03/01/2019 Jocelyn Jae Jhong ® 2057.00 0 19657 03/01/2019 Joe Clark ® 1257.00 ❑ 19658 03/01/2019 John Nguyen ® 533.00 ❑ 19659 03/01/2019 John W. Ruwitch and Anh Lam Truong ® 864.00 ❑ 19660 03/01/2019 John Young ® 520.00 ❑ 19661 03/01/2019 Jose Baudelio Delgado ® 791.00 ❑ 19662 03/01/2019 Joseph H. Garcia ® 2913.00 ❑ 19663 03/01/2019 Joseph M. Kwok ® 1836.00 ❑ 19664 03/01/2019 Joseph Pham ® 814.00 ❑ 19665 03/01/2019 Joseph T. Tung ® 886.00 ❑ 19666 03/01/2019 Juan Alvarado ® 431.00 ❑ 19667 03/01/2019 Jun Ye and Ming Feng ® 1599.00 ❑ 19668 03/01/2019 Kan Investments LTD, LLC ® 554.00 ❑ 19669 03/01/2019 Karen Lin ® 129.00 ❑ 19670 03/01/2019 Kim Chau ® 837.00 ❑ 19671 03/01/2019 Kimberly Nguyen ® 729.00 ❑ 19672 03/01/2019 Kimberly U Dao ® 341,00 0 HAPPY Software Page 7 03/07/2019 5:26:03 PM ❑ 19673 03/01/2019 Kwan Chiang ® 959.00 ❑ 19674 03/01/2019 Ky Tran 0 1189.00 ❑ 19675 03/01/2019 LAI MING LEUNG ® 549.00 ❑ 19676 03/01/2019 Lan Hua Mi Ku ® 898.00 ❑ 19677 03/01/2019 Lark Ellen Village ® 6565.00 ❑ 19678 03/01/2019 Larry Chow ® 2642.00 ❑ 19679 03/01/2019 Larry Mimms ® 1067.00 ❑ 19680 03/01/2019 Larry Pratt or Doreen E. Ewing ® 1563.00 ❑ 19681 03/01/2019 LAT Investments, LLC ® 3390.00 ❑ 19682 03/01/2019 Lawrence and/or Lorraine Scimeca ® 1402.00 ❑ 19683 03/01/2019 LEFA Trust ® 766.00 ❑ 19684 03/01/2019 Leslie K Ng ® 895.00 ❑ 19685 03/01/2019 Lien Diep ® 1223.00 ❑ 19686 03/01/2019 Linda Man ® 779.00 ❑ 19687 03/01/2019 Lois J Gaston ® 1168.00 ❑ 19688 03/01/2019 Louis Tong ® 1087.00 ❑ 19689 03/01/2019 Lourdes Vela ® 2864.00 ❑ 19690 03/01/2019 Luan Trong Hoang ® 744.00 ❑ 19691 03/01/2019 Lucena A Ewing ® 2523.00 ❑ 19692 03/01/2019 Mack E Titus ® 537.00 ❑ 19693 03/01/2019 Malcolm Oso ® 543.00 ❑ 19694 03/01/2019 Mallorca Apartments, LTD ® 881.00 ❑ 19695 03/01/2019 Man Sze Ma ® 1219.00 ❑ 19696 03/01/2019 Maria Luz Rodriguez ® 475.00 ❑ 19697 03/01/2019 Marina Alvarez ® 2399.00 ❑ 19698 03/01/2019 Mark T. Fernandez ® 581.00 ❑ 19699 03/01/2019 Mary L Haynes ® 996.00 ❑ 19700 03/01/2019 Mayra Ortega ® 1088.00 ❑ 19701 03/01/2019 Melody (Muoi) Dao ® 1245.00 ❑ 19702 03/01/2019 Michael Alfred Alarcon ® 1380.00 ❑ 19703 03/01/2019 Michael H Phuong ® 1498.00 ❑ 19704 03/01/2019 Michael I. or Ling Brooks ® 1113.00 ❑ 19705 03/01/2019 Minh A Nguyen ® 634.00 ❑ 19706 03/01/2019 Mohamad Tavakkoli ® 4353.00 ❑ 19707 03/01/2019 Moller Property Management ® 835.00 ❑ 19708 03/01/2019 Monica Alber ® 906.00 ❑ 19709 03/01/2019 Monrovia 612, LP ® 7413.00 ❑ 19710 03/01/2019 Monrovia Heritage Park LP ® 17065.00 ❑ 19711 03/01/2019 Monrovia Heritage Park LP ® 1779.00 ❑ 19712 03/01/2019 Mousa Boushaaya ® 885.00 ❑ 19713 03/01/2019 Nancy H Shen ® 774.00 ❑ 19714 03/01/2019 Ngoc T. Lieu ® 1848.00 ❑ 19715 03/01/2019 Nomer Lacson ® 1900.00 ❑ 19716 03/01/2019 Olie S Johnson ® 881.00 ❑ 19717 03/01/2019 Olive RE Holdings, LLC ® 3477.00 ❑ 19718 03/01/2019 Orange County Housing Authority ® 1631.70 0 HAPPY Sottwaro Page 8 03/07/2019 5:26:03 PM ❑ 19719 03/01/2019 Pacific Towers Senior Apartments - TDF LP ® 3755.00 ❑ 19720 03/01/2019 Palo Verde Apartments, LP ® 928.00 ❑ 19721 03/01/2019 PAMA IV Properties, LP ® 2112.00 ❑ 19722 03/01/2019 Paramjit S Nijjar ® 2192.00 ❑ 19723 03/01/2019 Paul & Annie W Chau ® 957.00 ❑ 19724 03/01/2019 Paul P Simon ® 987.00 ❑ 19725 03/01/2019 Paul Yan 0 676.00 0 19726 03/01/2019 Paul Yen 0 594.00 ❑ 19727 03/01/2019 Peter R Nasmyth ® 680.00 ❑ 19728 03/01/2019 Philip Tsui ® 869.00 ❑ 19729 03/01/2019 Primrose Villa ® 5256.00 ❑ 19730 03/01/2019 Quoc T. Vo ® 1188.00 ❑ 19731 03/01/2019 Quy Duc Tran ® 205.00 ❑ 19732 03/01/2019 Ralph V. Parra ® 1130.00 ❑ 19733 03/01/2019 Ramiro S. Viramontes Separate Property Trust dated ® 435.00 ❑ 19734 03/01/2019 RAMONA BLVD FAMILY APARTMENTS, L.P. ® 2802.00 ❑ 19735 03/01/2019 Raul Varela Ayala ® 681.00 ❑ 19736 03/01/2019 Richard A DaSylveira ® 778,00 ❑ 19737 03/01/2019 Robert Lawe ® 871,00 ❑ 19738 03/01/2019 Roger Hin Nam Mak ® 8810.00 ❑ 19739 03/01/2019 Roland Wiekamp ® 1269.00 ❑ 19740 03/01/2019 Roman Basin ® 376.00 ❑ 19741 03/01/2019 Ronald & Pamela Layne ® 526.00 ❑ 19742 03/01/2019 Rosa Beltran ® 1730.00 ❑ 19743 03/01/2019 Rosa Lamas-Serratos ® 1704.00 ❑ 19744 03/01/2019 Rosie Leon ® 774.00 ❑ 19745 03/01/2019 Roy Lam ® 891.00 ❑ 19746 03/01/2019 SAE GROUP, LLC ® 1312.00 ❑ 19747 03/01/2019 Sara Romo 0 1176.00 ❑ 19748 03/01/2019 Sel Homes LLC ® 7136.00 ❑ 19749 03/01/2019 Sergio Molina ® 921.00 ❑ 19750 03/01/2019 Shiu-Ein Huang ® 435.00 ❑ 19751 03/01/2019 Singing Wood Senior Housing LP ® 1140.00 ❑ 19752 03/01/2019 Siu Fung Mak ® 919,00 ❑ 19753 03/01/2019 Sophia Wong ® 1686.00 ❑ 19754 03/01/2019 Steadfast Cameron Park LP ® 1055.00 ❑ 19755 03/01/2019 Sui Man Mak ® 1179.00 ❑ 19756 03/01/2019 T & P Property LLC ® 789.00 ❑ 19757 03/01/2019 T & T Asset Holding, LLC ® 2661.00 ❑ 19758 03/01/2019 Takis Bogris ® 667.00 ❑ 19759 03/01/2019 Tanya H Chen ® 798,00 ❑ 19760 03/01/2019 Thanh M Tang ® 608.00 ❑ 19761 03/01/2019 The Piedrahita Trust "B" ® 1763.00 ❑ 19762 03/01/2019 The Promenade Housing Partners, LP ® 2976.00 ❑ 19763 03/01/2019 The Sam Gurfinkel and Renee Gurfinkel Revocable 1996 ® 1352.00 ❑ 19764 03/01/2019 Thedsa L Tyck ® 891.00 0 HAPPY Software Page 9 03/07/2019 5:26:03 PM ❑ 19765 03/01/2019 Thomas Pang ® 1424.00 ❑ 19766 03/01/2019 Tinh Van Le ® 440.00 ❑ 19767 03/01/2019 Tom Cinquegrani ® 1084.00 ❑ 19768 03/01/2019 Tom Lee 0 647.00 ❑ 19769 03/01/2019 Tuan Viet Ho ® 1681.00 ❑ 19770 03/01/2019 Up Hill Investment Inc. ® 1227.00 ❑ 19771 03/01/2019 Van T Tran ® 993.00 ❑ 19772 03/01/2019 Velma Alarcon Gandara ® 1262.00 ❑ 19773 03/01/2019 Vijay Gulati ® 2564.00 ❑ 19774 ,03/01/2019 Vinh H. Lai ® 915.00 ❑ 19775 03/01/2019 Vintage West Covina 0 10462.00 ❑ 19776 03/01/2019 Virginia Carlson ® 1061.00 ❑ 19777 03/01/2019 Wal Keng Tam ® 965.00 ❑ 19778 03/01/2019 West Covina Senior Villas 11, LP ® 578.00 ❑ 19779 03/01/2019 West Covina Seniors Villas 1 ® 1415.00 ❑ 19780 03/01/2019 William J Rogers ® 995.00 ❑ 19781 03/01/2019 Wilson Apartment Associates L.P. ® 3494.00 ❑ 19782 03/01/2019 Woodside Village Apartments LP ® 8371.00 ❑ 19783 03/01/2019 Xitlalai Sanchez ® 704.00 ❑ 19784 03/01/2019 Xue Fen Xu ® 1186.00 ❑ 19785 03/01/2019 Xuyen Thach Han ® 1926.00 ❑ 19786 03/01/2019 Y & H Investment, Inc. ® 1491.00 ❑ 19787 03/01/2019 Zi Jian Li ® 1277.00 Total $735,388.40 Average $859.10 Unit Count 836 Average Weighted by Unit Count $883.18 Hard to House Count 5 0 HAPPY Software Page 10 03/07/2019 5:26:03 PM ITEM NO. C;2— TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance t,/ DATE: March 20, 2019 "Y SUBJECT: Treasurer's Report — January 2019 SUMMARY Attached is the Treasurer's Report for the month of January 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for January 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURERS REPORT 1/31/2019 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTN IO RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Invesbnent Fund - City -Including General Fundi all other Special Revenue Funds 2.36% Varies Varies $ 27,053,454.64 S 27.063,154.64 $ 27,063,154.64 $ 27,053,464.64 Housing Authority 2.36% Varies Varies 13,570.22 13,570.22 13,570.22 13,670.22 ' 27,067,024.86 27,067.024.86 27,067X1.86 27,067,024.86 2ilagi:4l.Dee-It CaNm* National Association (Mutual Securities) 2.65% 1/2512019 112512021 260,000.00 260,00000 250,000.00 249,502.60 American Express Ceftnion (Mutual Securities) 1.60% 4/12/2017 4112/2019 260,000.00 260,000.00 260,000.00 248,677.50 EverbankJacksonvMe (Mutual Securities) 1.65% 411612017 4/16/2019 260,000.00 250,000.(10 260,000.00 249,627.50 Gokknarr Sachs Bk USA NY (Mutual SWAWKWs) 2.25% 1/24/2018 112412020 260,000.00 250,000.00 250,000.00 24$262.60 SaOe Mae Bk SLT Lake tray UT (Mutual Searides) 225% 112412018 1/2412020 260,000.00 250,000.00 260,000.00 24SA82.60 Sarna National Bank New York (CarkeNa) 2A0% 4/16/2018 411612019 250.000.00 250.000.00 250,000.00 249,850.00 Morgan Stanley Bank N A Utah (CanteNa) 2.64% 4119/2018 412012020 260.000.00 260,000.00 260,000.00 260,150.00 Barclays Bank Del (Cantalls) 3.05% 12119/2018 12/21/2020 250.000.00 260,000.00 250,000.00 251,442.50 2,000,000.00 2,000,000.00 2,000,000.00 1,99s,815A0 US Treasury W (UBS) Z07% 3/29/2018 3128/2019 1.000,000.00 1.000,000.00 1'00,000.00 996,185.80 Fiscal Agent Funds (TrusUDebt Service Fund) Varies Varies Varies 0.00 0.00 0.00 0.00 Fiscal Agent Funds - Successor Agency (TrustlDebt Service Funs Varies Varies Varies 153,060.66 163,060.66 163,060.66 163,060.66 163.060.66 153,060.66 153,080.60 153060.66 $_Y .aMOU-62 3 30,220,086.62i. 30,220,086.62 $ J0 0.® TotallnvesbnaKs S 30,220.085.52 Cash with Bank of the West City Cheddng 3„623,781.86 Money Market Pita 132,697.15 City Miscellaneous Cash 52,935.98 Successor Agency 1,536,548.62 Housing Authe ft 196,803.19 0.00 66.36 Total Cash with Bank of the West 6,44XNLIIT Total Cash and kwesbnarts $ 35,663.037.69 Schedule of Cash and Investments Includes citywide assets as included in the Comprehensive Annual Financial Report. There was one Certificate of Deposit that matured in January 2019. One Certificate of Deposit was purchased in January 2019 and several depositshuithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., l hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance STAFF REPORT SUMMARY ITEM NO. TO: Honorable Chair and Board Members of the Housing Authority FROM: Benjamin Martinez, Director of Community Development DATE: March 20, 2019 SUBJECT: Baldwin Park Housing Authority's Public Housing Agency FY 2019-2020 Annual Plan For the Baldwin Park Housing Authority Board to hold a public hearing and consider approval of the Public Housing Agency (PHA) FY 2019-2020 Annual Plan. RECOMMENDATION Staff recommends the Housing Board conduct the public hearing and following the public hearing approve the: ■ The adoption of the Public Housing Agency (PHA) FY 2019-2020 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment "'I") ■ Approval of Resolution No. HA -2019-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). FISCAL IMPACT The impact to the general funds is unknown at this time. However, once the actual amounts are determined it will be reflected in the FY 2019-2020 City budget presented to the City Council for approval. BACKGROUND Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the public housing agency Five -Year and Annual Plan requirement. The Five -Year Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual Plan outlines their approach to managing programs and providing services for the upcoming year. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, such as the Capital Fund Program. In orderto receive operating funds from HUD for Public Housing and Section 8 Housing Choice Voucher Programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five Year Plan. The FY 2019-2020 Annual Plan is due to HUD by April 12, 2019. DISCUSSION Rental Assistance Demonstration (RAD) HUD Los Angeles Field Office contacted BPHA and suggested that RAD program be considered for the McNeill Manor Public Housing units. RAD was created in order to give public housing authorities a powerful tool to preserve and improve public housing properties. RAD also gives owners the opportunity to enter into long-term contracts that facilitate the financing of improvements. Therefore, in order to properly review and consider the RAD option, RAD is identified in the FY 2019-2020 PHA Plan as an optional program. Any action to undertake RAD will be brought before the Housing Board for review and approval prior to implementation. Resident Advisory Board To ensure public input, a Resident Advisory Board (RAB) meeting was held on January 24, 2019. A draft plan was provided to RAB members for review and comments. No Comments were received. Public notices and 45 -day comment period As required, a public notice was published in the San Gabriel Valley Tribune informing the public that the Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed capital improvements, and other required supporting documents, were available for public review. No comments have been received from the public regarding the PHA Plans. ENVIRONMENTAL IMPACT Although the approval of the PHA Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD funded project do require an Environmental Review, which will be completed prior in accordance with HUD requirements. LEGAL REVIEW Legal review is not necessary for the approval of the PHA Plan. ALTERNATIVE There is no alternative for this item. ATTACHMENTS 1. FY 2019-2020 PHA Plan 2. Resolution No. HA -2019-001 Attachment "1" Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 PHA Plan (High Performer PHAS) Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD -50075 -HP is to be completed annually by High Performing PHAS. PHAS that meet the definition of a Standard PHA, Troubled PHA, HCV -Only PHA, Small PHA, or Qualified PHA do not need to submit this form. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HC19 Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A.1 PHA Name: Baldwin Park HousingAuthority PHA Code: CA120 PHA Type: ❑ Small ® High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/01/2019 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 12 Number of Housing Choice Vouchers (HCVs) 880 Total Combined 892 PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAS must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAS are strongly encouraged to post complete PHA Plans on their official website. PHAS are also encouraged to provide each resident council a copy of their PHA Plans. PHA Plan was posted at the following locations: Baldwin Park Housing Authority main office; 14403 E. Pacific Ave. 2nd Floor, Baldwin Park, CA 91706, Baldwin Park online Facebook, and the Baldwin Park website: baldwinpark.com. ❑ PHA Consortia: Check box if submitting a Joint PHA Pian and complete table below Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the No. of Units in Each Program Consortia PH I HCV Lead PHA: Page 1 of 5 form HUD -50075 -HP (12/2014) B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N ❑ ® Statement of Housing Needs and Strategy for Addressing Housing Needs. ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Homeownership Programs. ❑ ® Safety and Crime Prevention. ❑ ® Pet Policy. ❑ ® Substantial Deviation. ❑ ® Significant Amendment/Modification (b) The PHA must submit its Deconcentration Policy for Field Office Review. (c) If the PHA answered yes for any element, describe the revisions for each element below: B.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ ® Hope VI or Choice Neighborhoods. ❑ ® Mixed Finance Modernization or Development. ❑ ® Demolition and/or Disposition. ❑ ® Conversion of Public Housing to Tenant Based Assistance. ® ❑ Conversion of Public Housing to Project -Based Assistance under RAD. ® ❑ Project Based Vouchers. ❑ ® Units with Approved Vacancies for Modernization. ❑ ® Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project -Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. BPHA staff to begin a RAD application process for Public Housing McNeill Manor 12 units. If conversion under RAD is accepted, BPHA will provide required documents and activities under this process. BPHA is currently analyzing desirability of allocated project base vouchers to a new development project. B.3 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5 -Year Plan. BPHA's Mission: 1. In compliance with the 1937 Federal Housing Act, the City of Baldwin Park will ensure that all assisted units are quality places that provide residents with safe, decent, sanitary, and affordable housing. 2. Provide quality customer service and economic assistance to low-income families and individuals regardless of race, color, religion, national origin, sex, familial status, and disability. 3.Create a sustainable, self-sufficient, and federally compliant housing program by effectively and efficiently utilizing federal and local resources. 4. Promote a positive and productive relationship with tenants and landlords by clearly explaining all federal regulations and local policies governing the Section 8 Program. 5. Detect and deter waste, fraud, and abuse by requiring all caseworkers to diligently review all documents and identify any unreported income and assets. In addition, requiring and enforcing the use of the EIV system by all caseworkers. BPHA's Goals: 1. Maintain a leasing rate of 98% to 100% and/or expend our total budget authority to lease the maximum units authorized by HUD. 2. Continue to strengthen our agency's financial position by controlling expenditures and periodically assessing staffing and business needs and implementing changes as necessary. 3. We will utilize the resources of both the Baldwin Park Housing Authority and its consortium of cities to create a synergy resulting in improved and more efficient delivery of services to its clients. 4. Work to ensure the de -concentration of low-income families in high -poverty areas by encouraging them and assisting them in moving to low - poverty areas and census tracts. The PHA will outreach to owners of units located outside areas of poverty or minority concentration. 5. Continue to maintain and improve our SEMAP scores by addressing any areas of weakness and implementing new procedures to improve specific SEMAP indicators/scores. 6. Educate staff on new regulations and enforce current regulations that pertain to policies that affect the family's initial eligibility and continued assistance in the program. It is our goal to reduce any errors in calculating the housing assistance through training and quality control. 7. We have continued our efforts to leverage private and/or other public funds to create additional housing opportunities. 8. We will continue to assess and improve our public housing management and our voucher management. 9. We will continue our services agreement with the Fair Housing Agency to promote equal housing opportunities free from discrimination. 10. Our housing authority will ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability. 11. Continue to remain smoke free Public Housing as it has been since 2013. Page 2 of 5 form HUD -50075 -HP (12/2014) B.4. I Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? ■ o (b) If yes, please describe: CA I Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan Form 50077 -ST -HCV -HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 I Civil Rights Certification. Form 50077 -ST -HCV -HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 I Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? MMIIJ FEW -4 If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. None were provided. CA I Certification by State or Local Officials. Form HUD 50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. D.1 ICapital Improvements. Include a reference here to the most recent HUD -approved 5 -Year Action Plan (HUD -50075.2) and the date that it was approved by HUD. CFP 5 -Year Action Plan (HUD -50075.2) approved April 1, 2015. Page 3 of 5 form HUD -50075 -HP (12/2014) Instructions for Preparation of Form HUD -50075 -HP Annual Plan for High Performing PHAs A. PHA Information. All PHAs must complete this section. A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR &903.23(4,)(e ) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant -based assistance waiting lists. 24 CFR 003.7(a)(1) and 24 CFR §903.12(b). Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant -based assistance waiting lists. 24 CFR 003.7(a)(2)(ii) and 24 CFR §903.12(b). ❑ Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR §903.7(bb Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR 003.7(b) Describe the unit assignment policies for public housing. 24 CFR §903.7(b) ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(_c] ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR 6903.7(d) ❑ Homeownership Programs. A description of any homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR 003.7(k) and 24 CFR §903.12(b). ❑ Safety and Crime Prevention (VAWA). A description of. 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR &903.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing. (24 CFR 003.7(n)) ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5 -Year Plan. (24 CFR 003.7(r,)(2)(i) ❑ Significant Amend ment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5 -Year and Annual Plan. Should the PHA fail to define `significant amendment/modification', HUD will consider the following to be `significant amendments or modifications': a) changes to rent or admissions policies or organization of the waiting list; b) additions of non -emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5 -Year Action Plan); or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD's website at: Notice PIH 1999-51. (24 CFR 5903.7(t)(2)(ii) If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) Page 4 of 5 form HUD -50075 -HP (12/2014) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." ❑ Hope VI. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD's website at: httn://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30) ❑ Mixed Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website at: httn://www.hud.gov/offices/pih/pro rg ams/ph/hope6/index.cfm. (Notice PIH 2010-30) ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including name, project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: htW://www.hud.gov/offices/pih/centers/sac/demo dispo/index.cfm. (24 CFR §903.7(h)) ❑ Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: httn://www.hud.pov/offices/pih/centers/sac/conversion.cfm. (24 CFR 003.76)) ❑ Project -Based Vouchers. Describe any plans to use HCVs for new project -based vouchers. (24 CFR &983.57(b)(1)) If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. ❑ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5 -Year PHA Plan. (24 CFR 003.7(r)(1)) 8.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR 4903.7(p)) C. Other Document and/or Certification Requirements C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD -50077 SM -HP. C.2 Civil Rights Certification. Form HUD -50077 SM -HP, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if. it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR 4903.7(o)) C.3 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 003.13(c), 24 CFR §903.19) CA Certification by State or Local Officials. Form HUD -50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR 003.15) D. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 W) DA Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: "See HUD Form 50075.2 approved by HUD on XX/XX/XXXX." This information collection Is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added anew section SA to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year and Annual PHA Plan. The 5 -Year and Annual PHA Plans provide a ready source for Interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- Income, very low- Income, and extremely low- Income families. Public reporting burden for this Information collection is estimated to average 16.64 hours per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless It displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the Information requested In this form by virtue of Title 12, U.S, Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of Information are required to obtain a benefit or to retain a benefit. The Information requested does not lend itself to confidentiality. 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O � a o � � 2 0 0 �bzx A¢ L a o 0 .T 4� o° fu A Q O x x a �� z3 z o�:5 as Azd 0 N 0 c� a «! a N Q L a w N A H y o x w � � W ani A ^� W w� �W o N �O O� O L O � O N b Q C y O bA 00 � o 41 z3 o 'U O z «! a N A H b N r.+ i.r U c CA O w W a� N � W YyC Q 'C W Qa �� W -o �W 0 �o � b W w w � 06 Q o m 40. a � x � C z3� qz> z as Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHA s) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 2/29/2016 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Shannon Yauchzee , the Executive Director Official's Name Official's Title certify that the 5 -Year PHA Plan and/or Annual PHA Plan of the Baldwin Park Housing Authority PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice of the City of Baldwin Park Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AI. City of Baldwin Park is dedicated to providing affordable housing and community development opportunities for low and moderate income persons and is committed to providing such services in accordance with Fair Housing Laws. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Shannon Yauchzee Signature Executive Director Date Page 1 of 1 form HUD -50077 -SL (12/2014) Certifications of Compliance with U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans and Related Regulations OMB No. 2577-0226 (Standard, Troubled, HCV -Only, and Expires 02/29/2016 High Performer PHAs) PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, 1 approve the submission of the_ 5 -Year and/or X Annual PHA Plan for the PHA fiscal year beginning 2016, hereinafter referred to as " the Plan ", of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions. 7. For PHA Plans that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or. Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. Page 1 of 2 form HUD -50077 -ST -HCV -HP (12/2014) 12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 14. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 16. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Baldwin Park Housing Authority PHA Name X Annual PHA Plan for Fiscal Year 2019-2020 5 -Year PHA Plan for Fiscal Years 20 -20 CA 120 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). Name of Authorized Official Title Shannon Yauchzee Executive Director Signature Date Page 2 of 2 form HUD -50077 -ST -HCV -HP (12/2014) VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 (VAWA 2005) STATEMENT OF ACKNOWLEDGEMENT The Baldwin Park Housing Authority hereby acknowledges its responsibilities and requirements under VAWA 2005 and will ensure proper enforcement of VAWA and comply with all requirements that are incorporated into the Housing Choice Voucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program participants informing them of their rights and responsibilities as well as resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. Agencies providing assistance include but are not limited to Project Sister, Police Department Domestic Violence Advocate, Santa Anita Family Service Center, Adult Protective Services and several local churches. Information is provided to tenants at all briefings and to property owners and again to tenants at time of new contracts. Counseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT (VAWA 2013) The Baldwin Park Housing Authority is preparing its Emergency Transfer Plan and all relevant notices to implement and comply with VAWA 2013. The Transfer Plan will be approved by the Housing Board by the May 15, 2017 compliance date. Attachment "2" RESOLUTION NO. HA 2019-001 A RESOLUTION OF THE CITY OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2019-2020 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2015-2019 Five Year Plan and FY 2019-2020 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long-range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming five years. WHEREAS, the FY 2019-2020 Annual PHA Plan serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2019-2020 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 20th day of March 2019. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) .ss CITY OF BALDWIN PARK ) I, , Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 20th day of March 2019, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Deputy City Clerk