HomeMy WebLinkAbout01.20.21 Staff ReportNOTICE AND CALL
OF A
SPECIAL VIRTUAL 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, January 20, 2021 at 5:00 PM. virtually.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: January 14, 2021.
Emm e J. Estrada
t
Mayor
AFFIDAVIT OF POSTING
I, Marlen Garcia, 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 January 20, 2021.
Marlen Garc' ,
City Clerk
:f.Al qR11*T1Tj I � MMEA1
CITY COUNCIL
SPECIAL VIRTUAL MEETING
January 20, 2021
5:00 PM
THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC
IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS
In accordance with the Governor's Declarations of Emergency for the State of California
(executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order
(Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted
via teleconference to limit in-person attendance.
Audio Streaming will be available at:
https.-Ilwww.youtube.comlchannellUCFLZO dQERIy59rhiQZ13F Ifeatured?view as=subscriber Q_
http.-Abaldwinpark.granicus.com/ViewPublisher.php?view id=10
Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.corn/channel/UC3bPFBIHcoPIksIXcletmGcA
H U
OF,
3RIEL
S
Emmanuel J. Estrada - Mayor
Alejandra Avila - Mayor Pro Tern
Daniel Damian - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of
the Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PUBLICO
Se invita al pOblico a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda. De acuerdo con e/ capitulo 39 del
C6digo Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concitio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunion.
CITY COUNCIL
SPECIAL VIRTUAL MEETING – 5:00 P.M.
CALL TO ORDER:
ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C.
Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J.
Estrada
PUBLIC COMMUNICATIONS
If you wish to comment on agenda items, please email your name, City of residence, item number and
a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on January 20,
2021 to comments@baldwini2ark.com. You will be contacted by a staff member and will be granted 3
(three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to
voice their concerns, staff needs time to compile and sort speaker cards received. As such, we
respectfully request that you email your information between the posting of this agenda and 3:00 PM on
January 20, 2021. If you are a non-English Speaker and require translation services in another
language other than Spanish, or sign, please indicate your request in your communication 48 hours
prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the
speaking time allotted for each speaker may be announced). A one hour limit may be placed on the
time for public communications so that City business can be conducted, after which time,
communications can resume.
OPEN SESSION/STUDY SESSION
• Eviction Laws Status Update
Presented by Director of Community Development Ben Martinez
RECESS TO CLOSED SESSION
1. Public Employment
Pursuant to Government Code §54957:
Position: Chief of Police
2. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: Herrera v. City of Baldwin Park Case No. 20STCV1 1521
Case Name: City of Baldwin Park v. McLean Case No. 20STCV25341
Case Name: Hadsell v. City of Baldwin Park Case No. BC548602
Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963
Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465
Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400
LCase Name: People v. Ehlers Case No. ELM9EM07323
Case Name: Ehlers v. City of Baldwin Park Case No. 2:19-cv-09896-CAS-E
Case Name: Baldwin Park Free Speech Case No. 2-19-cv-09864 CAS -E
Coalition, et al., v. City of Baldwin Park
3. Real Property Negotiations Pursuant to Government Code §54956.8:
A. Property: 4150 Puente Avenue (CAN 17-06)
Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc.
B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07)
Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf,
LLC.
C. Property: 4145 Puente Avenue (CAN 17-01)
Negotiating Parties: City of Baldwin Park and Edward Avakyan
Jenome Research
D. Property: 13467 Dalewood Street (CAN 17-09)
Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan
Oganesian, RD Baldwin Park
E. 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
F. Property: 15023 Ramona Boulevard (CAN 17-13)
Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and
Kevin Huebner, Kultiv8 Group, LLC.
G. Property: 4621 Littlejohn Street (CAN 17-15)
Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group
H. Property: 4802 Littlejohn Street, Suite B (CAN 17-29)
Negotiating Parties: City of Baldwin Park and Yichang Bai
W&F International Corp.
I. Property: 5175 Commerce Drive (CAN 17-18)
Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation,
LLC.
J. Property: 15440, 15442 and 15444 Arrow Highway (CAN 18-01)
Negotiating Parties: City of Baldwin Park and Tim McCarty
Ala Karte, LLC
K. Property: 4802 Littlejohn Street (CAN 17-28)
Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama,
VRD, Inc.
L. Property:
13460 Brooks Drive (CAN 17-31)
Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem
Karapetyan, Green Health Industries, LLC.
M. Property: 1516 Virginia Avenue (CAN 17-30)
Negotiating Parties: City of Baldwin Park and David Ju
DJCBP Corp., dba Tier One Consulting
N. Property: 14551 Joanbridge Street (CAN 17-02)
Negotiating Parties: City of Baldwin Park and Tony Fong
Baldwin Park Tale Corp.
O. Property: 5018 Lante Street
Negotiating Parties: City of Baldwin Park and Robert Gray
Distinct Indulgence, Inc.
P. Property: Torch Street & Marlinda Avenue
Negotiating Parties: City of Baldwin Park and TTJ Investments, LLC Avenue
(APNs: 8550-020-079, 080, 081, 084, 085, 086 and 087)
4. Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6:
Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon,
Shannon Yauchzee, Chief Executive Officer, and
Laura Thomas, Human Resources/Risk Manager
Employee Organizations: Service Employee International Union (SEIU)
5. Public Employment
Pursuant to Government Code §54957:
Position: CEO/ City Manager
6. 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): Six (6)
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
1-1Lh�i1����
CERTIFICATION
I, Marlen Garcia, 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 January 20, 2021.
oA
Marlen Gar a
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-
mail lmorales(g)i 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)
BALDWIN PARK CITY COUNCIL
REGULAR VIRTUAL MEETING
January 20, 2021
7:00 PM
THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC
IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS
In accordance with the Governor's Declarations of Emergency for the State of
California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home
Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being
conducted via teleconference to limit in-person attendance.
Audio Streaming will be available at:
https.-Ilwww.youtube.comlchannellUCFLZO dDER Falfeatured?view as=subscriber
jy59rhiQZ13_L_
http://baldwinpark.granicus.com/ViewPublisher.phhp?view id=10
Audio Streaming Simultaneously in Spanish will be available at:
https:llwww.voutube.com/channel/UC3bPFBIHcoPIks]X
qetmGcA
HUB CSF
THE
. . . . .
. ... . . ... ..... .. . .
4
Cr J
Emmanuel J. Estrada - Mayor
Alejandra Avila - Mayor Pro Tern
Daniel Damian - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al pOblico a dirigirse al Concilio o cualquier
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la
or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su
In accordance with Chapter 39 of the jurisdicci6n. De acuerdo con e/ capitulo 39 del
Baldwin Park Municipal Code, Speakers C6digo Municipal de la Ciudad de Baldwin Park, los
must address the Council as a whole and comentaros deben se dirigidos al Concilio como
refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes,
or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la
the meeting. reunion.
CITY COUNCIL
REGULAR VIRTUAL MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Daniel Damian, Monica Garcia, Paul C.
Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J.
Estrada
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
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
• Certificates in Recognition of Baldwin Park Unified School District Board
Members on Re-Election/Election
Re -Election of Board Member Christina Lucero
Re -Election of Board Member Santos Hernandez
Election of Board Member Diana E. Miranda-Dzib
• Certificates in Recognition of Full Athletic Scholarship to UNLV Awarded to
Baldwin Park Students
Nick Dimitris
Anthony Rosas
• Certificate in Recognition of Foothill Unity Center
Presented to Betty McWilliams for their outstanding contributions to the community
• Flavored Tobacco, Vaping and the impact on Baldwin Park Youth Presentation
Dalila Lopez & Christina Cardenas, LAC USC Medical Center Foundation
Dr. Jessica Barrington-Trimis, USC Keck School of Medicine
Xochitl Escalante, Ashley Valdez and Vanessa Polk, Breathe Free Baldwin Park
Coalition Members
• Waste Management Presentation
By Terri Muse, Waste Management Representative
City Council Agenda
Page 2
PUBLIC COMMUNICATIONS
If you wish to comment, please email your name, City of residence, item number or topic and a phone
number where you will be available between the hours of 7.00 PM to 8:00 PM on January 20, 2021 to
comments@baldwingark.com. You will be contacted by a staff member and will be granted 3 (three)
minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their
concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully
request that you email your information between the posting of this agenda and 5:00 PM on January
20, 2021. If you are a non-English Speaker and require translation services in another language, or
sign, please indicate your request in your communication 48 hours prior to the meeting. If large
numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each
speaker may be announced). A one hour limit may be placed on the time for public communications so
that City business can be conducted, after which time, communications can resume.
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. City of Baldwin Park's Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands
Register.
2. Meeting Minutes
Staff recommends that the City Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Special City Council Meeting held on June 3, 2020.
B. Meeting Minutes of the Regular City Council Meeting held on June 3, 2020.
3. Treasurer's Report — November 2020
Staff recommends that Council receive and file the Treasurer's Report for November
2020.
4. Claim Rejection
Staff recommends that the City Council reject the following claims and direct staff to
send the appropriate notice of rejection to claimant(s):
Hernandez, Hope
Claimant alleges property damage
These government claims, and all government claims, should be considered as
potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all
Councilmembers refrain from making any statements, whether public or private in
nature. It is important that no statements be made so as to not prejudice this claim in
any way which can happen if public or private comments are made about this claim by
City staff or Councilmembers.
5. Naming a City Facility
Staff recommends that the City Council reverse the naming of the City Council
Chambers as The Manuel Lozano Council Chambers and put this and any future
naming on hold until a policy is adopted.
City Council Agenda Page 3
6. Approval to Enter into an Agreement between the City of Baldwin Park & Cohort
Cities (EI Monte and South EI Monte) Goodwill Southern California under the
Measure H Cities Homeless Implementation Grant
Staff recommends that the City Council:
1. Approve the Service Agreement between the City of Baldwin Park & Cohort Cities and
Goodwill Southern California to implement the Measure H Grant Funds for line item
(Employment Services) and;
2. Authorize the Mayor to Execute the Service Agreement between the City of Baldwin Park &
Cohort Cities and Goodwill Southern California and;
3. Authorize the Finance Director to make a budget amendment and provide account
numbers to record the grant and related expenditures accordingly and;
4. Authorize the Director of Recreation and Community Services to execute further documents
and reporting.
7. Award of Bid for City Project No. CIP20-131 — Landscape Improvements Project at
Ramon Boulevard CNG Station Site
It is Staff's recommendation that the City Council:
1. Approve and award the contract to Martinez Landscape Co., Inc. of Sylmar, CA in the
amount of $108,347.30; and
2. Authorize the Mayor and City Clerk to execute the contract for the Landscape
Improvements Project at Ramona Boulevard CNG Station Site.
8. Award of Contract for Landscape Maintenance Services to Mariposa Landscapes
Inc. for Routine Maintenance of Center Medians Along Various Major City
Corridors
It is recommended that the City Council:
1. Approve and award a maintenance services contract with Mariposa Landscapes,
Inc. in an amount not -to -exceed $100,000; and
2. Authorize the Mayor and City clerk to execute the contract with Mariposa
Landscapes, Inc, for landscape maintenance services; and
3. Authorize the Director of Finance and Director of Public Works to make the
necessary budget adjustments for the new landscape maintenance services.
9. Authorization to Publish a Request for Qualifications (RFQ) for Professional
Engineering and Landscape Architectural Services for the Public Works
Department
It is Staff's recommendation that the City Council to authorize Staff to publish a Request
of Qualifications for Professional Engineering and Landscape Architectural Services.
10. Approve Final Parcel Map No. 82921 to merge two (2) lots into one (1) lot — For
Commercial Purposes (Express Car Wash)
Staff recommends that the City Council accept the Final Parcel Map No. 82921 and
authorize the City Clerk and staff to sign the Final Map.
City Council Agenda
Page 4
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 - November 2020
Staff recommends that the Board receive and file the Treasurer's Report for November
2020.
REPORTS OF OFFICERS
None
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Request by Mayor Emmanuel J. Estrada:
• City Council discussion and direction to staff to bring back information on a City
Inclusionary Housing Ordinance and the process at a future Study session.
City Council discussion and direction to staff to develop a potential, city funded grant
program to help Baldwin Park tenants, and for direction to send letters to State and
Congressional officials asking them to take state level action for tenant
protection. In addition, for staff to explore philanthropic or private partnerships for senior
meals program.
Request by Council Member Danny Damian:
• City Council discussion and direction to staff to send out an RFP for a new auditing firm for FY 2021
and future years. The current auditing firm has been retained from FY 2016. It is best practice tc
change auditing firms every four to five years.
Request by Council Member Monica Garcia:
• City Council review of existing vehicle code and City response to traffic signals that are blacked out
due to power outages, or any other unforeseen incident, with discussion and direction by Council.
Request by Council Member Paul C. Hernandez:
City Council discussion regarding the County plans for Mega Pod vaccinations sites and
how such sites may not adequately serve Baldwin Park residents and to direct thd-
preparation of a letter to Supervisor Solis requesting a partnership to bringsatellit-v.
vaccination sites to serve our residents and San Gabriel Valley residents who may be
elderly, or lack adequate transportation.
ADJOURNMENT
City Council Agenda
Page 5
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at
(morales baldwinark.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
M.-
ITEM NO. 1
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: January 20, 2021
SUBJECT: City of Baldwin Park's Warrants and Demands
SI IMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City
Council.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The payroll for the last period was $1,030,686.38 and the attached General Warrants Register was
$2,684,203.89 for a total amount of $3,714,890.27.
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 payroll of the City of Baldwin Park consists of check numbers 201005 to 201020
Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City
Employees from control number 24731 to 25144 for the period November 29, 2020 through
December 26, 2020, inclusive; these are presented and hereby ratified in the amount of
$1,030,686.38.
2. General Warrants, with the bank drafts in the amount of $829,327.20 and checks from 231116
to 231463 in the amount of $1,854,876.69 for the period of December 8, 2020 to January 7,
2021, inclusive; in the total amount of $2,684,203.89 constituting of claims and demands against
the City of Baldwin Park, are herewith presented to the City Council as required by law, and the
same hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Check Register
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ITEM NO. 2
TO: Honorable Mayor and Members of the City Council
T' r FROM: Lourdes Morales Chief Deputy City Clerk
"" DATE: January 20, 2021
ro�, 10 SUBJECT: SUBJECT: Meeting Minutes
SUMMARY
The City Council held a Special and Regular City Council Meeting on June 3, 2020.
RECOMMENDATION
Staff recommends that the City Council approve meeting minutes for the following City Council
Meetings:
Special Meeting of June 3, 2020
Regular Meeting of June 3, 2020
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
Regular and Special Meeting Minutes of June 3, 2020 will be made available at the meeting
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
3
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
TO:
u ;O , r 'r
Tia' r
FROM:
DATE:
'ko
SUBJECT:
JANOa
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
3
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
CITY OF BALDWIN PARK
TREASURER'S REPORT
11/30/2020
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local Agency Investment Fund (LAIF)
City -Including General Fund & all other Special Revenue Funds 0.576
Housing Authority 0.576
Certificate of Deposit
Citibank National Association (Mutual Securities) 2.65
Barclays Bank Del (Cantella) 3.05
US Bank - Debt Service Trustee Accounts
Fiscal Agent Funds (Trust/Debt Service Fund) Varies
Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies
Varies
Varies
$ 25,522,390.23
$ 25,522,390.23
$ 25,522,390.23
$ 25,522,390.23
Varies
Varies
14,057.46
14,057.46
14,057.46
14,057.46
Housing Authority
389,443.63
25,536,447.69
25,536,447.69
25,536,447.69
25,536,447.69
1/25/2019
1/25/2021
250,000.00
250,000.00
250,000.00
251,012.50
12/19/2018
12/21/2020
250,000.00
250,000.00
250,000.00
250,440.00
500,000.00 500,000.00 500,000.00 501,452.50
Varies Varies 7,939,224.82 7,939,224.82 7,939,224.82 7,939,224.82
Varies Varies 9.64 9.64 9.64 9.64
7,939,234.46 7,939,234.46 7,939,234.46 7,939,234.46
Total Investments
$ 33,975,682.15
Cash with Bank of the West
City Checking
2,165,128.08
Money Market Plus
42,677.21
City Miscellaneous Cash
79,150.28
Successor Agency
3,228.02
Housing Authority
389,443.63
Financing Authority
11,700.00
Total Cash with Bank of the West 2,691,327.22
Investment Brokerage Capital Reserves (Divdend Option Cash) 3,823.46
Total Cash and Investments $ 36,670,832.83
` In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012.
The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development
Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity/purchase transactions made for the month of November 2020 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:
Rose Tam
Director of Finance
ITEM NO. 4
TO: Honorable Mayor and Members of the City Council
? FROM: Shannon Yauchzee, Chief Executive Officer
• ", Laura J. Thomas, Human Resources & Risk Manager
ko
,, DATE: January 6, 2021
SUBJECT: Claim Rejection
SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person
or property received for filing against the City of Baldwin Park.
RECOMMENDATION
Staff recommends that the City Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimant(s):
Hernandez, Hope Claimant alleges property damage
These government claims, and all government claims, should be considered as potential lawsuits in
the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from
making any statements, whether public or private in nature. It is important that no statements be
made so as to not prejudice this claim in any way which can happen if public or private comments are
made about this claim by City staff or Councilmembers.
FISCAL IMPACT
Fiscal impact is unknown at this time.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City
Council to reject the claims by order of motion and that the claimants are sent written notification of
said action.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary
for the Statute of Limitations to begin on the claims received.
ATTAC H M E NTS
None
ITEM NO. 5
TO: Honorable Mayor and Members of the City Council
FROM: Shannon Yauchzee, Chief Executive Officer
DATE: January 20, 2021
SUBJECT: Naming a City Facility
SUMMARY
The City Council of the City of Baldwin Park is responsible for naming city -owned lands, buildings, and
major portions of buildings, major center of activities, and other facilities. The City of Baldwin Park may
wish to consider a policy on naming facilities.
RECOMMENDATION
Staff recommends that the City Council reverse the naming of the City Council Chambers as The
Manuel Lozano Council Chambers and put this and any future naming on hold until a policy is adopted.
FISCAL IMPACT
There is no Fiscal Impact
BACKGROUND
The City has a rich history of naming facilities to honor those that have that have been outstanding in
the community, made major contributions to the community, or have been pillars in the Community,
for those that have shown dedication and support above and beyond what is customary. In the past,
the City has named The Esther Snyder Community Center, The Teri Muse Family Center, The Cruz
Baca Transit Center, The Julia McNeil Senior Center, and the Hilda Solis Park.
On December 2, 2020 the City Council approved naming the council chambers in honor of Manual
Lozano's 28 years of service to the community. However, there is currently no policy on the naming of
facilities. Staff may conduct research on policies and present such information to the City Council for
review and direction.
ALTERNATIVES
The City Council may Chose to not reconsider the item or provide other direction.
LEGAL REVIEW
Not Applicable
M
ITEM NO. 6
TO: Honorable Mayor and Members of the City Council
,,HFROM: Manuel Carrillo Jr., Director of Recreation & Community Services
DATE: January 20, 2020
SUBJECT: Approval to Enter into an Agreement between the City of Baldwin
" JPark & Cohort Cities (EI Monte and South EI Monte) Goodwill
Southern California under the Measure H Cities Homeless
Implementation Grant
SUMMARY
The purpose of this report is to seek approval to enter into a Service Agreement between the City of
Baldwin Park & Cohort Cities and Goodwill Southern California (GSC), employment service provider
for Service Planning Area (SPA -3) with the scope of work for the Homeless Employment Services not
to exceed $27,000.00 under the Measure H Cities Homeless Implementation Grant.
FISCAL IMPACT
There is no fiscal impact to the City. The Grant is a reimbursable grant and the City will recover the
costs of the program in the amount of $27,000.00.
RECOMMENDATION
Staff recommends that the City Council:
1). Approve the Service Agreement between the City of Baldwin Park & Cohort Cities and
Goodwill Southern California to implement the Measure H Grant Funds for line item
(Employment Services) and;
2). Authorize the Mayor to Execute the Service Agreement between the City of Baldwin
Park & Cohort Cities and Goodwill Southern California and;
3). Authorize the Finance Director to make a budget amendment and provide account
numbers to record the grant and related expenditures accordingly and;
4). Authorize the Director of Recreation and Community Services to execute further
documents and reporting.
BACKGROUND
On January 15, 2020, the County of Los Angeles approved the grant agreement for the Baldwin Park
& Cohort Cities (EI Monte, South EI Monte) to implement the Cities homeless plans Home for Good
Grant. As part of the grant awarded from the Los Angeles County Measure H funds, The City of
Baldwin Park serves as the lead and point of contact for the County for financial transactions and
performance reporting. The Baldwin Park & Cohort Cities (EI Monte, South EI Monte) has selected
Goodwill Southern California, a County -approved and vetted lead service provider in Service
Planning Area (3), to provide homeless employment services in the Cities of Baldwin Park, EI Monte
and South EI Monte.
As the Lead Agency, the City of Baldwin Park will contract with Goodwill Southern California on
behalf of the Baldwin Park & Cohort Cities (EI Monte, South EI Monte). The SGV Cities will focus on
working collectively to combat homelessness and agreed to formally partner to implement their city
homeless plans by focusing on the grant priority areas and each city's goals and objectives as
described below:
Priority Area 1: Increase the supply of supportive and interim housing for people experiencing
homelessness at a regional level; and
Priority Area 2: Enhance the availability and access to homeless services to prevent and
combat homelessness in the region.
Baldwin Park:
• Coordinate Local Efforts to Respond to Homelessness
• Help Prevent Individuals and Families from Becoming Homeless
• Connect Case Management and Services to the Coordinated Entry System
• Expand Access to Workforce Development Programs to Increase Employment
• Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing
El Monte:
• Better Understand the City's Homeless Population and Educate the Community
• Increase Engagement Activities and Links to Crisis Response System
• Expand Access to Workforce Development and Employment Programs
• Increase the Number of Shelter Beds
• Increase the Number of Affordable/Supportive Housing Units
• Participate in Regional Collaboration Opportunities
South El Monte:
• Educate City Staff and the Community about Homelessness and Available Resources
• Increase Outreach and Engagement Activities Goal
• Expand Employment Opportunities in the City
• Create Shelter Options in the City
• Create New Affordable/Supportive Housing Options in the City
• Coordinate with Regional Partners on Homelessness Plan Implementation
To access funding, the City of Baldwin Park & Cohort Cities were required to submit a scope of work
for Employment Services outlining the proposed activities, approach, and budget, and, upon submittal
of the proposal, to execute a service agreement with Goodwill Southern California which defines the
programs and activities to be completed.
An overview of the activities and programs included in the Baldwin Park & Cohort scope of work
under (Employment Services) can be found below that will be completed with this funding:
Service Delivery Overview:
GSC proposes to offer customized pre-employment and employment services to address the unique
needs and experiences of individuals experiencing homelessness in the San Gabriel Valley. Efforts
will include direct employment services that help participants address the many barriers that keep
them from obtaining employment or accessing public workforce services. Additionally, services will
focus on engaging and securing commitments from employers to support efforts and hire participants.
GSC believes that we must not only prepare individuals who are or have been homeless for work, but
we must also prepare the employer community to receive and support them.
Strategies and Services
GSC's approach meets individuals where they are, customizes program designs, and fosters
collaboration among community service providers. GSC will provide services in close collaboration
with other service providers in the community, as well as with the County of Los Angeles Job Centers
and programs, including the East San Gabriel Valley AJCC which is operated by GSC. GSC will
ensure that services are complementary to the workforce system, but flexible and customized for this
unique population. GSC will focus on "whole person care" addressing unmet needs through
partnerships with health service, behavioral health and housing providers. GSC will provide direct
employment services to individuals experiencing homelessness, as well as help build the capacity of
community partners to serve this population effectively and with dignity. GSC provides services out of
locations in La Puente and Baldwin Hills, but also provides mobile and co -located services with other
community-based across the region.
GSC will provide the following services to the SGV Cohort Cities (Baldwin Park, EI Monte,
South EI Monte):
Direct Services
• Outreach - GSC will conduct outreach in the community and through partners, as well as street
outreach. GSC will educate the community about available resources as well as actively assess and
recruit participants.
• Orientation to employment — orientations will be provided on a consistent, recurring basis to provide
basic information to community residents about available resources at the Center and other service
providers, as well as share the required documentation and requirements.
• Navigation to other services — staff will assess the overall needs and barriers of individuals to help
them understand what they need and where to go to receive other non -employment related services.
• Case management — GSC takes a person -centered approach to case management that recognizes
the unique characteristics, talent, and experiences of each individual. Trust is a key factor and all
GSC staff area trained in trauma -informed programming. Case management also includes a personal
and career needs assessment and the development of a personal and career plan.
• Supportive services — transportation and clothing assistance will be provided to individuals who are
going to interviews, occupational training, a job, or to access workforce system services. • Job
readiness and workplace skills training — Staff will provide individual and group training which
includes, but is not limited to, effective work habits, communication skills, and proper work attire.
• Employer engagement — GSC currently works with hundreds of companies, putting individuals with
barriers to work. GSC will engage and secure commitments from employers to hire participants, as
well as train and educate employers about this unique population. The goal is to make it easy for
employers to make a commitment to hire participants.
• Subsidized work experience — enables individuals to gain valuable work experience while earning a
paycheck.
• Vocational training — for individuals who qualify and interested in obtaining an industry recognized
credential or certificate.
• Job placement — GSC will identify employment opportunities and prepare participants to be placed
in employment opportunities.
• Job retention support - GSC will provide support for up to a year for participants who have secured
employment. Staff will check in with both participants and employers to identify and mitigate
challenges and barriers.
Referral Services:
The following are services that will not be directly provided by GSC, but through other organizations
with which GSC has formal relationships and a defined referral process.
• Shelter and Housing
• Food security
• Mental health services
• Substance abuse counseling
• Education and training
• Other employment services not operated by GSC
ALTERNATIVES
The alternative would be to not enter into the Service Agreement with Goodwill Southern California.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to legal form and
content.
ATTACHMENTS
1. Attachment #1, Service Agreement between the City of Baldwin Park & Cohort Cities and
Goodwill Southern California to implement the City and Cohort Homeless Implementation
Grant.
2. Attachment #2, Contract between City of Baldwin Park & Cohort Cities (AO -20-610) and Los
Angeles County Measure H Homeless Implementation Grant.
Is] kW(612 7_1411TITA11191-1Z4IN
PROFESSIONAL SERVICES AGREEMENT
WITH
GOODWILL SOUTHERN CALIFORNIA
FOR
(3) SGV Cohort Cities Homeless Employment Services
THIS AGREEMENT is made and entered into this 20th day of January, 2021 ("Effective
Date"), by and between the CITY OF BALDWIN PARK, a municipal corporation ("City"),
and "Goodwill Southern California", a California Non-profit corporation
("Consultant').
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to City to provide Homeless Employment Services, as more fully described
herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated, except
that if Consultant is required to but does not yet hold a City business license, it will
promptly obtain a business license and will not provide services to the City until it has
done so; and
C. WHEREAS, City and Consultant desire to contract for the specific services described
in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject
matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this
reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their
respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
-1-
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement. Consultant shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. City officers and employees
shall not be liable at law or in equity for any claims or damages occurring as a result of
failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of Citv. Consultant agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the
City Manager or his or her designee. If the quality of work is not satisfactory, City in its
discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of
concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory;
and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws,
including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because
of their race, religion, color, national origin, ancestry, age, physical or mental disability,
medical condition, genetic information, pregnancy, marital status, sex, gender, gender
identity, gender expression, sexual orientation, or military or veteran status, except as
permitted pursuant to Section 12940 of the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to
this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.7. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant without
written authorization by City. City shall grant such authorization if disclosure is required
-2-
by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this Section shall survive the termination of this
Agreement.
1.8 Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not
limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of
its subcontractors, pursuant to this Agreement and provided to City may be subject to
public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in
California Government Code Section 6254.7, and of which Consultant informs City of
such trade secret. The City will endeavor to maintain as confidential all information
obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation,
those records so marked if disclosure is deemed to be required by law or by order of the
court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee
Schedule"). Consultant's total compensation shall not exceed Twenty -Seven Thousand
Dollars ($27,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services unless the City, prior to Consultant performing
the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable. Should the City request in writing
additional services that increase the Scope of Services, an additional fee based upon
the Consultant's standard hourly rates shall be paid to the Consultant for such additional
services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on
the total of all Consultant's services which have been completed to City's sole
satisfaction. City shall pay Consultant's invoice within thirty (30) days from the date City
receives said invoice. Each invoice shall describe the services performed, and the date
of performance. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of
the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and
shall be made available to City for inspection and/or audit at mutually convenient times
from the Effective Date until three (3) years after the termination or expiration of this
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Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement shall
commence within fifteen (30) days from the Effective Date of this Agreement. Failure to
commence work in a timely manner and/or diligently pursue work to completion may be
grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material
shortages, compliance with laws or regulations, riots, acts of war, or any other
conditions beyond the reasonable control of a party. If a delay beyond the control of the
Consultant is encountered, a time extension may be mutually agreed upon in writing by
the City and the Consultant. The Consultant shall present documentation satisfactory to
the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of twelve (12) months, ending on December 31, 2021, unless previously
terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing at
least thirty (30) days prior written notice to Consultant. In the event of such termination,
Consultant shall immediately stop rendering services under this Agreement unless
directed otherwise by the City. If the City suspends, terminates or abandons a portion of
this Agreement such suspension, termination or abandonment shall not make void or
invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of
this Agreement, it shall have ten (10) days after service upon it of written notice of such
default in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement.
The City also shall have the right, notwithstanding any other provisions of this
Agreement, to terminate this Agreement, at its option and without prejudice to any other
remedy to which it may be entitled to at law, in equity, or under this Agreement,
immediately upon service of written notice of termination on the Consultant, if the latter
should:
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a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the effective date of the City's written notice of termination, within thirty (30)
days after the effective date of the notice of termination or the final invoice of the
Consultant, whichever occurs last. Compensation for work in progress shall be prorated
based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data
studies, drawings, maps and reports, shall be delivered to the City within ten (10) days
of the effective date of the notice of termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum
scope of insurance coverages with an insurance company admitted to do business in
California, with a current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a general
aggregate limit, it shall apply separately to this Agreement or shall be twice the
required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
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vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per accident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with a limit of no less than
One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers for losses arising from work performed by
Consultant for the City and to require each of its subcontractors, if any, to do
likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Consultant certifies as follows:
am aware of, and will comply with, Section 3700 of the Labor Code,
requiring every employer to be insured against liability of Workers'
Compensation or to undertake self-insurance before commencing any of
the work.
The Consultant shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration of this
Agreement, complete Workers' Compensation Insurance, and shall furnish a
Certificate of Insurance to the City before execution of this Agreement by the
City. The City, its officers and employees shall not be responsible for any claims
in law or equity occasioned by failure of the consultant to comply with this
section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits
of not less than One Million Dollars ($1,000,000.00), combined single limits, per
occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate.
Architects' and engineers' coverage shall be endorsed to include contractual
liability. If the policy is written as a "claims made" policy, the retroactivity date
shall be prior to the start of the work set forth herein. Consultant shall obtain and
maintain said E&O liability insurance during the life of this Agreement and for five
(5) years after completion of the work hereunder. If coverage is canceled or non -
renewed, and not replaced with another claims -made policy form with a
retroactive date prior to the effective date of this Agreement, Consultant shall
purchase "extended reporting" coverage for a minimum of five (5) years after
completion of the work.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of Baldwin Park and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on behalf
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of the Consultant pursuant to its contract with the City; products and completed
operations of the Consultant; premises owned, occupied or used by the
Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Consultant's insurance coverage shall be primary
insurance as respects the City of Baldwin Park, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of City of
Baldwin Park shall be excess and not contributing with the insurance provided by
this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right
to subrogation which any insurer of said Consultant may acquire against the City
by virtue of the payment of any loss under such insurance. Consultant agrees to
obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of
the policies shall not affect coverage provided to the City of Baldwin Park, its
officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such
deductible or self-insured retention shall be approved in advance by City. The City may
require the Consultant to purchase coverage with a lower retention or provide proof of
ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the named insured or
City.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications, at
any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
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X1KC14ki1=1:7_INa:191TI&9Is] kiK
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other
prior writings and oral negotiations. This Agreement may be modified only in writing,
and signed by the parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee (Project Manager)
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be
authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant
shall make available the professional services of Director of Adult Services, Associate
Director of Access & Engagement, who shall coordinate directly with City. Any
substitution of key personnel must be approved in advance in writing by City's
Representative.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal
delivery, facsimile, Email or by U.S. mail. If by U.S, mail, it shall be addressed as set
forth below and placed in a sealed envelope, postage prepaid, and deposited in the
United States Postal Service. Such communication shall be deemed served or
delivered: a) at the time of delivery if such communication is sent by personal delivery;
b) at the time of transmission if such communication is sent by facsimile or by Email;
and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if
such communication is sent through regular United States mail.
IF TO CITY:
City of Baldwin Park
14403 E. Pacific Ave. Baldwin Park, CA 91706
Tel: (626) 813-5204
Email: syauchzee@baldwinpark.com
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Attn: Shannon Yauchzee, City Manager/CEO
CC: Manuel Carrillo Jr., Director of Recreation and Community Services/ Project
Manager
6.5 Attorney's Fees. If litigation is brought by any party in connection with this
Agreement, each party shall be responsible for its own costs and expenses, including
attorneys' fees.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to
conflict of laws. In the event of any legal action to enforce or interpret this Agreement,
the parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in Los Angeles County, California.
6.7. Assi nq ment. Consultant shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or
encumbrance shall be void and shall constitute a breach of this Agreement and cause
for termination of this Agreement. Regardless of City's consent, no subletting or
assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold
free and harmless the City, its elected and appointed officials, officers, agents and
employees, at Consultant's sole expense, from and against any and all claims,
demands, actions, suits or other legal proceedings brought against the City, its elected
and appointed officials, officers, agents and employees arising out of the performance
of the Consultant, its employees, and/or authorized subcontractors, of the work
undertaken pursuant to this Agreement. The defense obligation provided for hereunder
shall apply without any advance showing of negligence or wrongdoing by the
Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence,
errors, omissions or misconduct of the Consultant, its employees, and/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability
against the City, its elected and appointed officials, officers, agents and employees
based upon the work performed by the Consultant, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Consultant, its employees,
and/or authorized subcontractors are specifically named or otherwise asserted to be
liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense
or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede
and replace all other indemnity provisions contained either in the City's specifications or
Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of
la
City as an agent. Neither City nor any of its agents shall have control over the conduct
of Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its or
employees are in any manner agents or employees of City. Consultant shall secure, at
its sole expense, and be responsible for any and all payment of Income Tax, Social
Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Consultant and its officers, agents, and employees, and all
business licenses, if any are required, in connection with the services to be performed
hereunder. Consultant shall indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with the applicable worker's compensation laws. City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement any amount
due to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or
is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the
City, Consultant shall indemnify, defend, and hold harmless City for the payment of any
employee and/or employer contributions for PERS benefits on behalf of Consultant or
its employees, agents, or subcontractors, as well as for the payment of any penalties
and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or become
entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in PERS
as an employee of City and entitlement to any contribution to be paid by City for
employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall
render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or
prepared by Consultant or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents,
shall be at the sole risk of City and without liability or legal exposure to Consultant. City
shall indemnify and hold harmless Consultant from all claims, damages, losses, and
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expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer
tapes, discs, files audio tapes or any other related items as requested by City or its
authorized representative, at no additional cost to the City. Consultant or Consultant's
agents shall execute such documents as may be necessary from time to time to confirm
City's ownership of the copyright in such documents.
6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in
the unauthorized disclosure, misuse, alteration, destruction or other compromise of the
information. Contractor shall regularly assess the sufficiency of any safeguards and
information security awareness training in place to control reasonably foreseeable
internal and external risks, and evaluate and adjust those safeguards in light of the
assessment.
0.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of
California applicable to Consultant's services under this agreement, including, but not
limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.)
and Government Code Sections 1090-1092. Consultant covenants that none of
Consultant's officers or principals have any interest in, or shall acquire any interest,
directly or indirectly, which will conflict in any manner or degree with the performance of
the services hereunder, including in any manner in violation of the Political Reform Act.
Consultant further covenants that in the performance of this Agreement, no person
having such interest shall be used by Consultant as an officer, employee, agent, or
subconsultant. Consultant further covenants that Consultant has not contracted with nor
is performing any services, directly or indirectly, with any developer(s) and/or property
owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further
covenants and agrees that Consultant and/or its subconsultants shall provide no service
or enter into any agreement or agreements with a/any developer(s) and/or property
owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the
completion of the work under this Agreement.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect. The City will not pursue to hire any employee of the
Consultant while this agreement is in effect and for two (2) years after the agreement's
termination date.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such
provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict
among the terms and conditions of this Agreement and those of any such provision or
provisions so incorporated by reference, this Agreement shall govern over the
document referenced.
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6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder
except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole 10
benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a
full or accurate description of the content thereof and shall not in any way affect the
meaning or interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representative of the party against whom enforcement of a waiver is
sought. The waiver of any right or remedy in respect to any occurrence or event shall
not be deemed a waiver of any right or remedy in respect to any other occurrence or
event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing, if
the value of this Agreement, based upon the substantial benefit of the bargain for any
party, is materially impaired, which determination made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall
be construed together and shall constitute one agreement. Counterpart written
signatures may be transmitted by facsimile, email or other electronic means and have
the same legal effect as if they were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties and that by doing so the parties hereto are formally bound to the
provisions of this Agreement.
6.26 Taxpayer Identification Number. Consultant shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by
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the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF BALDWIN PARK, A municipal corporation
Emmanuel J. Estrada
City Mayor
Shannon Yauchzee
City Manager
CK�1►)���J_�/_1►k�
Simon Lopez
Chief Impact Officer
Goodwill Southern California
ATTEST:
Marlene Garcia
City Clerk
Robert A. Tafoya
City Attorney
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Date:
Date:
W N41119_1
SCOPE OF SERVICES
Goodwill Southern California will provide homeless employment services to the SGV
Cohort Cities (Baldwin Park, EI Monte and South EI Monte) for a total project cost of
$27,000.00.
Service Delivery Overview:
GSC proposes to offer customized pre-employment and employment services to
address the unique needs and experiences of individuals experiencing homelessness in
the San Gabriel Valley. Efforts will include direct employment services that help
participants address the many barriers that keep them from obtaining employment or
accessing public workforce services. Additionally, services will focus on engaging and
securing commitments from employers to support efforts and hire participants. GSC
believes that we must not only prepare individuals who are or have been homeless for
work, but we must also prepare the employer community to receive and support them.
Strategies and Services
GSC's approach meets individuals where they are, customizes program designs, and
fosters collaboration among community service providers. GSC will provide services in
close collaboration with other service providers in the community, as well as with the
County of Los Angeles Job Centers and programs, including the East San Gabriel
Valley AJCC which is operated by GSC. GSC will ensure that services are
complementary to the workforce system, but flexible and customized for this unique
population. GSC will focus on "whole person care" addressing unmet needs through
partnerships with health service, behavioral health and housing providers. GSC will
provide direct employment services to individuals experiencing homelessness, as well
as help build the capacity of community partners to serve this population effectively and
with dignity. GSC provides services out of locations in La Puente and Baldwin Hills, but
also provides mobile and co -located services with other community-based across the
region.
GSC will provide the following services to the SGV Cohort Cities (Baldwin Park,
El Monte, South EI Monte):
Direct Services
• Outreach - GSC will conduct outreach in the community and through partners, as well
as street outreach. GSC will educate the community about available resources as well
as actively assess and recruit participants.
• Orientation to employment — orientations will be provided on a consistent, recurring
basis to provide basic information to community residents about available resources at
the Center and other service providers, as well as share the required documentation
and requirements.
• Navigation to other services — staff will assess the overall needs and barriers of
individuals to help them understand what they need and where to go to receive other
non -employment related services.
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• Case management — GSC takes a person -centered approach to case management
that recognizes the unique characteristics, talent, and experiences of each individual.
Trust is a key factor and all GSC staff area trained in trauma -informed programming.
Case management also includes a personal and career needs assessment and the
development of a personal and career plan.
• Supportive services — transportation and clothing assistance will be provided to
individuals who are going to interviews, occupational training, a job, or to access
workforce system services. • Job readiness and workplace skills training — Staff will
provide individual and group training which includes, but is not limited to, effective work
habits, communication skills, and proper work attire.
• Employer engagement — GSC currently works with hundreds of companies, putting
individuals with barriers to work. GSC will engage and secure commitments from
employers to hire participants, as well as train and educate employers about this unique
population. The goal is to make it easy for employers to make a commitment to hire
participants.
• Subsidized work experience — enables individuals to gain valuable work experience
while earning a paycheck.
• Vocational training — for individuals who qualify and interested in obtaining an industry
recognized credential or certificate.
• Job placement — GSC will identify employment opportunities and prepare participants
to be placed in employment opportunities.
• Job retention support - GSC will provide support for up to a year for participants who
have secured employment. Staff will check in with both participants and employers to
identify and mitigate challenges and barriers.
Referral Services:
The following are services that will not be directly provided by GSC, but through other
organizations with which GSC has formal relationships and a defined referral process.
• Shelter and Housing
• Food security
• Mental health services
• Substance abuse counseling
• Education and training
• Other employment services not operated by GSC
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W14:11 13ri=�a=1 =&*s3:14•IVIN0
Goodwill Southern California will provide homeless employment services to the SGV
Cohort (Cities of Baldwin Park, EI Monte and South EI Monte) for a total project not to
exceed $27,000.00.
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Ir ik
i1 i1 i
i
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
RECITALS..................................................................................................................... 1
1 APPLICABLE DOCUMENTS.............................................................................. 2
2 DEFINITIONS.......................................................................................................3
2.1 Standard Definitions.................................................................................. 3
3 WORK................................................................................................................ 5
4 TERM OF CONTRACT........................................................................................ 5
5 CONTRACT SUM................................................................................................ 5
5.1 Total Contract Sum.................................................................................... 5
5.2
Written Approval for Reimbursement......................................................... 5
5.3
Intentionally Omitted.................................................................................. 6
5.4
No Payment for Services Provided Following Expiration -Termination
ofContract................................................................................................. 6
5.5
Invoices and Payments.............................................................................. 6
5.6
Default Method of Payment: Direct Deposit or Electronic Funds Transfer. 7
6 ADMINISTRATION
OF CONTRACT- COUNTY .................................................. 8
6.1
County Administration............................................................................... 8
6.2
County's Project Director........................................................................... 8
6.3
County's Project Manager......................................................................... 8
6.4
County's Contract Project Monitor............................................................. 9
7 ADMINISTRATION
OF CONTRACT -CONTRACTOR ......................................... 9
7.1
Contractor Administration.......................................................................... 9
7.2
Contractor's Project Manager.................................................................... 9
7.3
Approval of Contractor's Staff.................................................................... 9
7.4
Contractor's Staff Identification.................................................................. 9
7.5
Background and Security Investigations.................................................... 9
7.6
Confidentiality.......................................................................................... 10
8 STANDARD TERMS AND CONDITIONS.......................................................... 11
8.1 Amendments............................................................................................11
8.2 Assignment and Delegation/Mergers or Acquisitions ............................... 12
8.3 Authorization Warranty............................................................................ 13
8.4 Budget Reductions.................................................................................. 13
8.5 Complaints...............................................................................................14
Page i
CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
8.6 Compliance with Applicable Law............................................................. 14
8.7 Compliance with Civil Rights Laws.......................................................... 15
8.8 Compliance with the County's Jury Service Program .............................. 16
8.9 Conflict of Interest.................................................................................... 17
8.10 Intentionally Omitted................................................................................ 18
8.11
Consideration of Hiring GAIN -GROW Participants ..................................
18
8.12
Contractor Responsibility and Debarment ...............................................
18
8.13
Contractor's Acknowledgement of County's Commitment to Safely
Surrendered Baby Law............................................................................
21
8.14
Contractor's Warranty of Adherence to County's Child Support
Compliance Program...............................................................................
21
8.15
County's Quality Assurance Plan.............................................................
22
8.16
Damage to County Facilities, Buildings or Grounds .................................
22
8.17
Employment Eligibility Verification...........................................................
23
8.18
Facsimile Representations.......................................................................
23
8.19
Fair Labor Standards...............................................................................
23
8.20
Force Majeure..........................................................................................
24
8.21
Governing Law, Jurisdiction, and Venue .................................................
24
8.22
Independent Contractor Status................................................................
24
8.23
Indemnification.........................................................................................
25
8.24
General Provisions for all Insurance Coverage ........................................
25
8.25
Insurance Coverage................................................................................
30
8.26
Liquidated Damages................................................................................
32
8.27
Most Favored Public Entity......................................................................
33
8.28
Nondiscrimination and Affirmative Action ................................................
33
8.29
Non Exclusivity........................................................................................
35
8.30
Notice of Delays.......................................................................................
35
8.31
Notice of Disputes....................................................................................
35
8.32
Notice to Employees Regarding the Federal Earned Income Credit........
35
8.33
Notice to Employees Regarding the Safely Surrendered Baby Law........
35
8.34
Notices.....................................................................................................36
8.35
Prohibition Against Inducement or Persuasion ........................................
36
8.36
Public Records Act..................................................................................
36
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CONTRACT PROVISIONS
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
8.37 Publicity................................................................................................... 37
8.38 Record Retention and Inspection -Audit Settlement ................................. 37
8.39 Recycled Bond Paper.............................................................................. 39
8.40 Subcontracting.........................................................................................39
8.41 Termination for Breach of Warranty to Maintain Compliance with
County's Child Support Compliance Program .......................................... 40
8.42 Termination for Convenience................................................................... 41
8.43 Termination for Default............................................................................ 41
8.44 Termination for Improper Consideration.................................................. 43
8.45 Termination for Insolvency....................................................................... 43
8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 44
8.47 Termination for Non -Appropriation of Funds ............................................ 44
8.48 Validity.....................................................................................................45
8.49 Waiver..................................................................................................... 45
8.50 Warranty Against Contingent Fees.......................................................... 45
8.51 Warranty of Compliance with County's Defaulted Property Tax
ReductionProgram.................................................................................. 45
8.52 Termination for Breach of Warranty to Maintain Compliance with
County's Defaulted Property Tax Reduction Program ............................. 46
8.53 Time off for Voting................................................................................... 46
8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking. 46
8.55 Compliance with Fair Chance Employment Practices ............................. 47
8.56 Compliance with the County Policy of Equity ........................................... 47
9 UNIQUE TERMS AND CONDITIONS................................................................ 47
9.1 Contractor Protection of Electronic County Information ........................47
9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA)...... 48
SIGNATURES.............................................................................................................. 50
Page iii
CONTRACT PROVISIONS
TABLE OF CONTENTS
STANDARD EXHIBITS
A Statement of Work
B Pricing Schedule
C Contractor's EEO Certification
D County's Administration
E Contractor's Administration
F Form(s) Required at the Time of Contract Execution
G Jury Service Ordinance
H Safely Surrendered Baby Law
I Compliance with Fair Chance Employment Hiring Practices Certification
Page iv
CONTRACT BETWEEN
COUNTY OF LOS ANGELES
AND
CITY OF BALDWIN PARK & COHORT
FOR
CITY PLANNING GRANTS — YEAR 2
IMPLEMENTATION OF CITIES HOMELESSNESS PLANS
This Contract is entered into this )0-4�day of ,,ac2020, by and between the
County of Los Angeles (hereafter "County") and City of Baldwin Park & Cohort
(hereafter referred to as "Contractor"), to provide County with homeless services.
RECITALS
WHEREAS, on September 4, 2018, the County Board of Supervisors delegated
authority to the Chief Executive Officer to: 1) implement a solicitation process, in
conjunction with United Way's Home for Good Funders Collaborative, in
accordance with the Request for Proposal (RFP) Framework; and 2) negotiate,
execute and if necessary, amend, reduce or terminate contracts with selected
cities, following approval as to from by County Counsel; and
WHEREAS, on September 4, 2018, the County Board of Supervisors allocated
$9 million of Measure H funding; and $3 million of State Homeless Emergency
Aid Programs funding to support successful implementation of components from
Cities Homelessness Plans that enhance effectiveness of County service
systems for those experiencing or at -risk of experiencing homelessness and are
eligible for such funding under applicable rules; and
WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of
Homeless Initiatives plan to execute contracts with cities to support
implementation of their homelessness plans. The contracts will expire eighteen
(18) months from the date of execution or at the end of February 2021,
whichever is sooner; and
WHEREAS, on. July 23, 2019, the Board of Supervisors waived County policy
5.015 for Measure H -funded contracts supporting the implementation of the
cities' homelessness plans to permit cities to begin implementation of their
homeless plans as soon as possible and authorized the CEO to reimburse each
city up to one-quarter of the contract amount for allowable expenditures that are
in line with contract requirements and incurred after the contract award
notification, but prior to contract execution, so long as: 1) the tasks are consistent
with the statement of work in the city's approved grant and contract; and, 2) the
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expenses comply with all terms and conditions of the contract, are reimbursed
after execution of the contract, and are submitted for review and approval by
CEO; and
WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way,
have reviewed the Contractor's proposal and approved providing $1,074,820 to
the Contractor for Homeless Plan Implementation services; and
WHEREAS, pursuant to Government Code section 26227, the County Board of
Supervisors may appropriate and expend money to establish county programs or
to fund other programs deemed to be necessary to meet the social needs of the
population of the county.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for good and valuable consideration, the parties agree to the following:
1 APPLICABLE DOCUMENTS
Exhibits A, B, C, D, E, F, G, H, and I, are attached to and form a
part of this Contract. In the event of any conflict or inconsistency in
the definition or interpretation of any word, responsibility, schedule,
or the contents or description of any task, deliverable, goods,
service, or other work, or otherwise between the base Contract and
the Exhibits, or between Exhibits, such conflict or inconsistency
shall be resolved by giving precedence first to the terms and
conditions of the Contract and then to the Exhibits according to the
following priority.
Standard Exhibits:
1.1 Exhibit A - Statement of Work
1.2 Exhibit B - Pricing Schedule
1.3 Exhibit C - Contractor's EEO Certification
1.4 Exhibit D - County's Administration
1.5 Exhibit E - Contractor's Administration
1.6 Exhibit F - Forms Required at the Time of Contract
Execution
1.7 Exhibit G - Jury Service Ordinance
1.8 Exhibit H -
1.9 Exhibit I -
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Safely Surrendered Baby Law
Compliance with Fair Chance
Employment Practices Certification
Page 2
This Contract constitutes the complete and exclusive statement of
understanding between the parties, and supersedes all previous
contracts, written and oral, and all communications between the
parties relating to the subject matter of this Contract. No change to
this Contract shall be valid unless prepared pursuant to Paragraph
8.1 (Amendments) and signed by both parties.
2 DEFINITIONS
2.1 Standard Definitions:
2.1.1 The headings herein contained are for convenience and
reference only and are not intended to define the scope of
any provision thereof. The following words as used herein
shall be construed to have the following meaning, unless
otherwise apparent from the context in which they are used.
2.1.1.1 City Planning Grants: Year one funding was
allocated by the County Board of Supervisors
(Board) from Homeless Initiative Provisional
Financing Uses (PFU) funds to support proposals
that will result in a plan to prevent and combat
homelessness for each city which receives a grant.
To administer the grants, the Chief Executive Office
partnered with the United Way Home for Good
Funders Collaborative. Year two funding is being
allocated by the Board from Measure H funds and
Los Angeles Homeless Services Authority will
provide State Homeless Emergency Aid Program
Funds, to support the successful implementation of
Cities Homeless Plans.
2.1.1.2 Contract: This agreement executed between
County and Contractor. Included are all
supplemental agreements amending or extending
the service to be performed. The Contract sets forth
the terms and conditions for the issuance and
performance of all tasks, deliverables, services and
other work
2.1.1.3 Contractor: The person or persons, sole proprietor,
partnership, joint venture, corporation or other legal
entity who has entered into an agreement with the
County to perform or execute the work covered by
this contract.
2.1.1.4 Statement of Work: The directions, provisions, and
requirements provided herein and special provisions
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pertaining to the method, frequency, manner and
place of performing the contract services.
2.1.1.5 Subcontract: An agreement by the contractor to
employ a subcontractor to provide services to fulfill
this contract.
2.1.1.6 Subcontractor: Any individual, person or persons,
sole proprietor, firm, partnership, joint venture,
corporation, or other legal entity furnishing supplies,
services of any nature, equipment, and/or materials
to contractor in furtherance of contractor's
performance of this contract, at any tier, under oral
or written agreement.
2.1.1.7 Board of Supervisors (Board): The Board of
Supervisors of the County of Los Angeles acting as
governing body.
2.1.1.8 County Project Manager: Person designated by
County's Project Director to manage the operations
under this contract.
2.1.1.9 County Contract Project Monitor: Person with
responsibility to oversee the day to day activities of
this contract. Responsibility for inspections of any
and all tasks, deliverables, goods, services and
other work provided by the contractor.
2.1.1.10 County Project Director: Person designated by
County with authority for County on contractual or
administrative matters relating to this contract that
cannot be resolved by the County's Project
Manager.
2.1.1.11 Day(s): Calendar day(s) unless otherwise specified.
2.1.1.12 Contractor Project Manager: The person
designated by the Contractor to administer the
Contract operations under this Contract
2.1.1.13 Fiscal Year: The twelve (12) month period
beginning July 1st and ending the following June
30th.
2.1.1.14 United Way Home for Good Funders
Collaborative: a public-private partnership, which
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collaborates on solutions to end homelessness in
Los Angeles County.
3 WORK
3.1 Pursuant to the provisions of this Contract, the Contractor shall fully
perform, complete and deliver on time, all tasks, deliverables,
services and other work as set forth in herein.
3.2 If the Contractor provides any tasks, deliverables, goods, services, or
other work, other than as specified in this contract, the same shall be
deemed to be a gratuitous effort on the part of the contractor, and
the contractor shall have no claim whatsoever against the County.
4 TERM OF CONTRACT
4.1 The term of this Contract shall commence upon execution by the
County's Chief Executive Officer and shall expire in eighteen (18)
months, or on February 28, 2021, whichever is sooner, unless
sooner terminated or extended, in whole or in part, as provided in
this Contract.
5 CONTRACT SUM
5.1 Total Contract Sum
5.1.1 The Maximum Amount of this Contract shall be the amount
set forth in Exhibit B (Pricing Schedule), for the term of this
Contract as set forth Paragraph 4.0 - Term of Contract,
above. Any costs incurred to complete this Contract more
than the maximum not -to -exceed cost will be borne by the
Contractor.
5.2 Written Approval for Reimbursement
5.2.1 The Contractor shall not be entitled to payment or
reimbursement for any tasks or services performed, nor for
any incidental or administrative expenses whatsoever
incurred in or incidental to performance hereunder, except
as specified herein. Assumption or takeover of any of the
Contractor's duties, responsibilities, or . obligations, or
performance of same by any person or entity other than the
Contractor, whether through assignment, subcontract,
delegation, merger, buyout, or any other mechanism, with
or without consideration for any reason whatsoever, shall
not occur except with the County's express prior written
approval.
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5.3 Intentionally Omitted
5.4 No Payment for Services Provided Following Expiration -
Termination of Contract
5.4.1 The Contractor shall have no claim against County for
payment of any money or reimbursement, of any kind
whatsoever, for any service provided by the Contractor after
the expiration or other termination of this Contract. Should
the Contractor receive any such payment it shall
immediately notify County and shall immediately repay all
such funds to County. Payment by County for services
rendered after expiration -termination of this Contract shall
not constitute a waiver of County's right to recover such
payment from the Contractor. This provision shall survive
the expiration or other termination of this Contract.
5.5 Invoices and Payments
5.5.1 The Contractor shall invoice the County only for providing
the tasks, deliverables, goods, services, and other work
specified in Exhibit A (Statement of Work) and elsewhere
hereunder. The Contractor shall prepare invoices, which
shall include the charges owed to the Contractor by the
County under the terms of this Contract. The Contractor's
payments shall be as provided in Exhibit B (Pricing
Schedule) and the Contractor shall be paid only for the
tasks, deliverables, goods, services, and other work
approved in writing by the County. If the County does not
approve work in writing no payment shall be due to the
Contractor for that work.
5.5.2 The Contractor's invoices shall be priced in accordance with
Exhibit B (Pricing Schedule).
5.5.3 The Contractor's invoices shall contain the information set
forth in Exhibit A (Statement of Work) describing the tasks,
deliverables, goods, services, work hours, and facility and/or
other work for which payment is claimed.
5.5.4 All invoices under this Contract shall be addressed to the
following and submitted electronically to the following email
address:
Homeless Initiative Unit
Los Angeles County Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
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Los Angeles, CA 90012
hiadmin(aD-ceo.lacounty.gov
5.5.5 County Approval of Invoices
All invoices submitted by the Contractor for payment must
have the written approval of the County's Project Manager
prior to any payment thereof. In no event shall the County
be liable or responsible for any payment prior to such
written approval. Approval for payment will not be
unreasonably withheld. _
5.6 Default Method of Payment: Direct Deposit or Electronic Funds
Transfer
5.6.1 The County, at its sole discretion, has determined that the
most efficient and secure default form of payment for goods
and/or services provided under an agreement/ contract with
the County shall be Electronic Funds Transfer (EFT) or
direct deposit, unless an alternative method of payment is
deemed appropriate by the Auditor -Controller (A -C).
5.6.2 The Contractor shall submit a direct deposit authorization
request via the website https://directdeposit.lacounty.gov
with banking and vendor information, and any other
information that the A -C determines is reasonably
necessary to process the payment and comply with all
accounting, record keeping, and tax reporting requirements.
5.6.3 Any provision of law, grant, or funding agreement
requiring a specific form or method of payment other
than EFT or direct deposit shall supersede this
requirement with respect to those payments.
5.6.4 At any time during the duration of the agreement/contract, a
Contractor may submit a written request for an exemption to
this requirement. Such request must be based on specific
legal, business or operational needs and explain why the
payment method designated by the A -C is not feasible
and an alternative- is necessary. The A -C, in consultation
with the contracting department(s), shall decide whether to
approve exemption requests.
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6 ADMINISTRATION OF CONTRACT - COUNTY
6.1 County Administration
6.1.1 A listing of all County Administration referenced in the
following subparagraphs are designated in Exhibit D
(County's Administration). The County will notify the
Contractor in writing of any change in the names or
addresses shown.
6.2 County's Project Director
6.2.1 The role of the County's Project Director may include:
6.2.1.1 Coordinating with Contractor and ensuring
Contractor's performance of the Contract; however,
in no event shall Contractor's obligation to fully
satisfy all of the requirements of this Contract be
relieved, excused or limited thereby; and
6.2.1.2 Upon request of the Contractor, providing direction
to the Contractor, as appropriate in areas relating to
County policy, information requirements, and
procedural requirements; however, in no event,
shall Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved, excused
or limited thereby.
6.3 County's Project Manager
6.3.1 The role of the County's Project Manager is authorized to
include:
6.3.1.1 Meeting with the Contractor's Project Manager on a
regular basis; and
6.3.1.2 Inspecting any and all tasks, deliverables, goods,
services, or other work provided by or on behalf of
the Contractor; however, in no event shall
Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved,. excused
or limited thereby.
The County's Project Manager is not authorized to make any
changes in any of the terms and conditions of this Contract
and is not authorized to further obligate County in any
respect whatsoever.
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6.4 County's Contract Project Monitor
6.4.1 The role of the County's Project Monitor is to oversee the
day-to-day administration of this Contract; however, in no
event shall Contractor's obligation to fully satisfy all of the
requirements of this Contract be relieved, excused or limited
thereby. The Project Monitor reports to the County's Project
Manager.
7 ADMINISTRATION OF CONTRACT - CONTRACTOR
7.1 Contractor Administration
A listing of all of Contractor's Administration referenced in the
following paragraphs is designated in Exhibit E (Contractor's
Administration). The Contractor will notify the County in writing of
any change in the names or addresses shown.
7.2 Contractor's Project Manager
7.2.1 The Contractor's Project Manager is designated in Exhibit
E (Contractor's Administration). The Contractor shall notify
the County in writing of any change in the name or address
of the Contractor's Project Manager.
7.2.2 The Contractor's Project Manager shall be responsible for
the Contractor's day-to-day activities as related to this
Contract and shall meet and coordinate with County's
Project Manager and County's Contract Project Monitor on
a regular basis.
7.3 Approval of Contractor's Staff
7.3.1 County has the absolute right to approve or disapprove all
of the Contractor's staff performing work hereunder and any
proposed changes in the Contractor's staff, including, but
not limited to, the Contractor's Project Manager.
7.4 Contractor's Staff Identification
Contract shall provide, at Contractor's expense, all staff providing
services under this Contract with a photo identification badge.
7.5 Background and Security Investigations
7.5.1 Each of Contractor's staff performing services under this
Contract, who is in a designated sensitive position, as
determined by County in County's sole discretion, shall
undergo and pass a background investigation to the
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satisfaction of County as a condition of beginning and
continuing to perform services under this Contract. Such
background investigation must be obtained through
fingerprints submitted to the California Department of
Justice to include State, local, . and federal -level review,
which may include, but shall not be limited to, criminal
conviction information. The fees associated with the
background investigation shall be at the expense of the
Contractor, regardless of whether the member of
Contractor's staff passes or fails the background
investigation.
If a member of Contractor's staff does not pass the
background investigation, County may request that the
member of Contractor's staff be removed immediately from
performing services under the Contract. Contractor shall
comply with County's request at any time during the term of
the Contract. County will not provide to Contractor or to
Contractor's staff any information obtained through the
County's background investigation
7.5.2 County, in its sole discretion, may immediately deny or
terminate facility access to any member of Contractor's staff
that does not pass such investigation to the satisfaction of
the County or whose background or conduct is incompatible
with County facility access.
7.5.3 Disqualification of any member of Contractor's staff pursuant
to this Paragraph 7.5 shall not relieve Contractor of its
obligation to complete all work in accordance with the terms
and conditions of this Contract.
7.6 Confidentiality
7.6.1 Contractor shall maintain the confidentiality of all records
and information in accordance with all applicable Federal,
State and local laws, rules, regulations, ordinances,
directives, guidelines, policies and procedures relating to
confidentiality, including, without limitation, County policies
concerning information technology security and the
protection of confidential records and information.
7.6.2 Contractor shall indemnify, defend,
and hold
harmless
County,
its officers, employees, and
agents,
from and
against
any and all claims, demands,
damages,
liabilities,
losses,
costs and expenses, including, without
limitation,
defense
costs and legal, accounting
and other expert,
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consulting, or professional fees, arising from, connected
with, or related to any failure by Contractor, its officers,
employees, agents, or subcontractors, to comply with this
Paragraph 7.6, as determined by County in its sole
judgment. Any legal defense pursuant to contractor's
indemnification obligations under this Paragraph 7.6 shall be
conducted by contractor and performed by counsel selected
by Contractor and approved by County. Notwithstanding the
preceding sentence, County shall have the right to
participate in any such defense at its sole cost and expense,
except that in the event Contractor fails to provide County
with a full and adequate defense, as determined by County
in its sole judgment, County shall be entitled to retain its own
counsel, including, without limitation, County Counsel, and to
reimbursement from Contractor for all such costs and
expenses incurred by County in doing so. Contractor shall
not have the right to enter into any settlement, agree to any
injunction, or make any admission, in each case, on behalf
of County without County's prior written approval.
7.6.3 Contractor shall inform all of its officers, employees, agents
and subcontractors providing services hereunder of the
confidentiality provisions of this Contract.
7.6.4 Contractor shall sign and adhere to the provisions of the
"Contractor Acknowledgement and Confidentiality
Agreement", Exhibit F.
8 STANDARD TERMS AND CONDITIONS
8.1 Amendments
8.1.1 For any change which affects the scope of work, term,
contract sum, payments, or any term or condition included
under this Contract, an amendment to the Contract shall be
prepared and executed by the contractor and by Chief
Executive Officer or his/her designee.
8.1.2 For any change which does not materially affect the
statement of work or any other term or condition included
under this Contract, a Change Notice shall be prepared and
signed by the County's Project Manager and Contractor's
Project Manager.
8.1.3 The County's Board of Supervisors or Chief Executive Officer
or designee may require the addition and/or change of certain
terms and conditions in the Contract during the term of this
Contract. The County reserves the right to add and/or
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change such provisions as required by the County's Board of
Supervisors or Chief Executive Officer. To implement such
changes, an Amendment to the Contract shall be prepared
and executed by the contractor and by Chief Executive Officer
and his/her designee.
8.1.4 The Chief Executive Officer or his/her designee, may at
his/her sole discretion, - authorize extensions of time as
defined in Paragraph 4 - Term of Contract. The contractor
agrees that such extensions of time shall not change any
other term or condition of this Contract during the period of
such extensions. To implement an extension of time, an
Amendment to the Contract shall be prepared and executed
by the contractor and by Chief Executive Officer.
8.2 Assignment and Delegation/Mergers or Acquisitions
8.2.1 The contractor shall notify the County of any pending
acquisitions/mergers of its company unless otherwise legally
prohibited from doing so. If the contractor is restricted from
legally notifying the County of pending acquisitions/mergers,
then it should notify the County of the actual
acquisitions/mergers as soon as the law allows and provide to
the County the legal framework that restricted it from notifying
the County prior to the actual acquisitions/mergers.
8.2.2 The contractor shall not assign its rights or delegate its duties
under this Contract, or both, whether in whole or in part,
without the prior written consent of County, in its discretion,
and any attempted assignment or delegation without such
consent shall be null and void. For purposes of this
paragraph, County consent shall require a written
Amendment to the Contract, which is formally approved and
executed by the parties. Any payments by the County to any
approved delegatee or assignee on any claim under this
Contract shall be deductible, at County's sole discretion,
against the claims, which the contractor may have against the
County.
8.2.3 Shareholders, partners, members, or other equity holders of
contractor may transfer, sell, exchange, assign, or divest
themselves of any interest they may have therein. However,
in the event any such sale, transfer, exchange, assignment, or
divestment is effected in such a way as to give majority
control of contractor to any person(s), corporation,
partnership, or legal entity other than the majority controlling
interest therein at the time of execution of the Contract, such
disposition is an assignment requiring the prior written
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consent of County in accordance with applicable provisions of
this Contract.
8.2.4 Any assumption, assignment, delegation, or takeover of any
of the contractor's duties, responsibilities, obligations, or
performance of same by any person or entity other than the
contractor, whether through assignment, subcontract,
delegation, merger, buyout, or any other mechanism, with or
without consideration for any reason whatsoever
without County's express prior written approval, shall be a
material breach of the Contract which may result in the
termination of this Contract. In the event of such termination,
County shall be entitled to pursue the same remedies against
contractor as it could pursue in the event of default by
contractor.
8.3 Authorization Warranty
8.3.1 The contractor represents and warrants that the person
executing this Contract for the contractor is an authorized
agent who has actual authority to bind the contractor to each
and every term, condition, and obligation of this Contract and
that all requirements of the contractor have been fulfilled to
provide such actual authority.
8.4 Budget Reductions
8.4.1 In the event that the County's Board of Supervisors adopts,
in any fiscal year, a County Budget which provides for
reductions in the salaries and benefits paid to the majority of
County employees and imposes similar reductions with
respect to County contracts, the County reserves the right to
reduce its payment obligation under this Contract
correspondingly for that fiscal year and any subsequent
fiscal year during the term of this Contract (including any
extensions), and the services to be provided by the
contractor under this Contract shall also be reduced
correspondingly. The County's notice to the contractor
regarding said reduction in payment obligation shall be
provided within thirty (30) calendar days of the Board's
approval of such actions. Except as set forth in the
preceding sentence, the contractor shall continue to provide
all of the services set forth in this Contract.
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8.5 Complaints
8.5.1 The contractor shall develop, maintain and operate
procedures for receiving, investigating and responding to
complaints.
8.5.2 Complaint Procedures
8.5.2.1 Within thirty (30) business days after the Contract
effective date, the contractor shall provide the
County with the contractor's policy for receiving,
investigating and responding to user complaints.
8.5.2.2 The County will review the contractor's policy and
provide the contractor with approval of said plan or
with requested changes.
8.5.2.3 If the County requests changes in the contractor's
policy, the contractor shall make such changes
and resubmit the plan within fifteen (15) business
days for County approval.
8.5.2.4 If, at any time, the contractor wishes to change the
contractor's policy, the contractor shall submit
proposed changes to the County for approval
before implementation.
8.5.2.5 The contractor shall preliminarily investigate all
complaints and notify the County's Project
Manager of the status of the investigation within
thirty (30) business days of receiving the
complaint.
8.5.2.6 When complaints cannot be resolved informally, a
system of follow-through shall be instituted which
adheres to formal plans for specific actions and
strict time deadlines.
8.5.2.7 Copies of all written responses shall be sent to the
County's Project Manager within ten (10) business
days of mailing to the complainant.
8.6 Compliance with Applicable Law
8.6.1 In the performance of this Contract, contractor shall comply
with all applicable Federal, State and local laws, rules,
regulations, ordinances, directives, guidelines, policies and
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procedures, and all provisions required thereby to be included
in this Contract are hereby incorporated herein by reference.
8.6.2 Contractor shall indemnify, defend, and hold harmless
County, its officers, employees, and agents, from and
against any and all claims, demands, damages, liabilities,
losses, costs, and expenses, including, without limitation,
defense costs and legal, accounting and other expert,
consulting or professional fees, arising from, connected with,
or related to any failure by contractor, its officers,
employees, agents, or subcontractors, to comply with any
such laws, rules, regulations, ordinances, directives,
guidelines, policies, or procedures, as determined by County
in its sole judgment. Any legal defense pursuant to
contractor's indemnification obligations under Paragraph 8.6
(Compliance with Applicable Law) shall be conducted by
contractor and performed by counsel selected by contractor
and approved by County. Notwithstanding the preceding
sentence, County shall have the right to participate in any
such defense at its sole cost and expense, except that in the
event contractor fails to provide County with a full and
adequate defense, as determined by County in its sole
judgment, County shall be entitled to retain its own counsel,
including, without limitation, County Counsel, and to
reimbursement from contractor for all such costs and
expenses incurred by County in doing so. Contractor shall
not have the right to enter into any settlement, agree to any
injunction or other equitable relief, or make any admission, in
each case, on behalf of County without County's prior written
approval.
8.7 Compliance with Civil Rights Laws
8.7.1 The contractor hereby assures that it will comply with
Subchapter VI of the Civil Rights Act of 1964, 42 USC
Sections 2000 (e) (1) through 2000 (e) (17), to the end that
no person shall, on the grounds of race, creed, color, sex,
religion, ancestry, age, condition of physical handicap,
marital status, political affiliation, or national origin, be
excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under this Contract
or under any project, program, or activity supported by this
Contract. The contractor shall comply with Exhibit C -
Contractor's EEO -Certification.
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8.8 Compliance with the County's Jury Service Program
8.8.1 Jury Service Program:
This Contract is subject to the provisions of the County's
ordinance entitled Contractor Employee Jury Service ("Jury
Service Program") as codified in Sections 2.203.010 through
2.203.090 of the Los Angeles County Code, a copy of which
is attached as Exhibit G and incorporated by reference into
and made a part of this Contract.
8.8.2 Written Employee Jury Service Policy.
1. Unless the contractor has demonstrated to the County's
satisfaction either that the contractor is not a
"contractor" as defined under the Jury Service Program
(Section 2.203.020 of the County Code) or that the
contractor qualifies for an exception to the Jury Service
Program (Section 2.203.070 of the County Code), the
contractor shall have and adhere to a written policy that
provides that its Employees shall receive from the
contractor, on an annual basis, no less than five days of
regular pay for actual jury service. The policy may
provide that Employees deposit any fees received for
such jury service with the contractor or that the
contractor deduct from the Employee's regular pay the
fees received for jury service.
2. For purposes of this paragraph, "contractor" means a
person, partnership, corporation or other entity which
has a contract with the County or a subcontract with a
County contractor and has received or will receive an
aggregate sum of fifty thousand dollars ($50,000) or
more in any twelve (12) month period under one or
more County contracts or subcontracts. "Employee"
means any California resident who is a full-time
employee of the contractor. "Full-time" means forty (40)
hours or more worked per week, or a lesser number of
hours if: 1) the lesser number is a recognized industry
standard as determined by the County, or 2) contractor
has a long-standing practice that defines the lesser
number of hours as full-time. Full-time employees
providing short-term, temporary services of ninety (90)
days or less within a twelve (12) month period are not
considered full-time for purposes of the Jury Service
Program. If the contractor uses any subcontractor to
perform services for the County under the Contract, the
subcontractor shall also be subject to the provisions of
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this paragraph. The provisions of this paragraph shall
be inserted into any such subcontract agreement and a
copy of the Jury Service Program shall be attached to
the agreement.
3. If the. contractor is not required to comply with the Jury
Service Program when the Contract commences, the
contractor shall have a continuing obligation to review
the applicability of its "exception status" from the Jury
Service Program, and the contractor shall immediately
notify the County if the contractor at any time either
comes within the Jury Service Program's definition of
"contractor' or if the contractor no longer qualifies for an
exception to the Jury Service Program. In either event,
the contractor shall immediately implement a written
policy consistent with the Jury Service Program. The
County may also require, at any time during the
Contract and at its sole discretion, that the contractor
demonstrate, to the County's satisfaction that the
contractor either continues to remain outside of the Jury
Service Program's definition of "contractor' and/or that
the contractor continues to qualify for an exception to
the Program.
4. Contractor's violation of this paragraph of the Contract
may constitute a material breach of the Contract. In the
event of such material breach, County may, in its sole
discretion, terminate the Contract and/or bar the
contractor from the award of future County contracts for
a period of time consistent with the seriousness of the
breach.
8.9 Conflict of Interest
8.9.1 No County employee whose position with the County
enables such employee to influence the award of this
Contract or any competing Contract, and no spouse or
economic dependent of such employee, shall be employed
in any capacity by the contractor or have any other direct or
indirect financial interest in this Contract. No officer or
employee of the contractor who may financially benefit from
the performance of work hereunder shall in any way
participate in the County's approval, or ongoing evaluation,
of such work, or in any way attempt to unlawfully influence
the County's approval or ongoing evaluation of such work.
8.9.2 The contractor shall comply with all conflict of interest laws,
ordinances, and regulations now in effect or hereafter to be
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enacted during the term of this Contract. The contractor
warrants that it is not now aware of any facts that create a
conflict of interest. If the contractor hereafter becomes
aware of any facts that might reasonably be expected to
create a conflict of interest, it shall immediately make full
written disclosure of such facts to the County. Full written
disclosure shall include, but is not limited to, identification
of all persons implicated and a complete description of all
relevant circumstances. Failure to comply with the
provisions of this paragraph shall be a material breach of
this Contract.
8.10 Intentionally Omitted
8.11 Consideration of Hiring GAIN -GROW Participants
8.11.1 Should the contractor require additional or replacement
personnel after the effective date of this Contract, the
contractor shall give consideration for any such employment
openings to participants in the County's Department of
Public Social Services Greater Avenues for Independence
(GAIN) Program or General Relief Opportunity for Work
(GROW) Program who meet the contractor's minimum
qualifications for the open position. For this purpose,
consideration shall mean that the contractor will interview
qualified candidates. The County will refer GAIN -GROW
participants by job category to the contractor. Contractors
shall report all job openings with job requirements to:
GAINGROW(a)-dpss.lacounty.gov to obtain a list of qualified
GAIN/GROW job candidates.
8.11.2 In the event that both laid -off County employees and
GAIN/GROW participants are available for hiring, County
employees shall be given first priority.
8.12 Contractor Responsibility and Debarment
8.12.1 Responsible Contractor
A responsible contractor is a contractor who has
demonstrated the attribute of trustworthiness, as well as
quality, fitness, capacity and experience to satisfactorily
perform the contract. It is the County's policy to conduct
business only -with responsible contractors.
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8.12.2 Chapter 2.202 of the County Code
The contractor is hereby notified that, in accordance with
Chapter 2.202 of the County Code, if the County acquires
information concerning the performance of the contractor
on this or other contracts which indicates that the
contractor is not responsible, the County may, in addition
to other remedies provided in the Contract, debar the
contractor from bidding or proposing on, or being awarded,
and/or performing work on County contracts for a specified
period of time, which generally will not exceed five (5)
years but may exceed five (5) years or be permanent if
warranted by the circumstances, and terminate any or all
existing contracts the contractor may have with the County.
8.12.3 Non -responsible contractor
The County may debar a contractor if the Board of
Supervisors finds, in its discretion, that the contractor has
done any of the following: 1) violated a term of a contract
with the County or a nonprofit corporation created by the
County, 2) committed an act or omission which negatively
reflects on the contractor's quality, fitness or capacity to
perform a contract with the County, any other public entity,
or a nonprofit corporation created by the County, or
engaged in a pattern or practice which negatively reflects
on same, 3) committed an act or offense which indicates a
lack of business integrity or business honesty, or 4) made
or submitted a false claim against the County or any other
public entity.
8.12.4 Contractor Hearing Board
8.12.4.1 If there is evidence that the contractor may be
subject to debarment, the Department will notify
the contractor in writing of the evidence which is
the basis for the proposed debarment and will
advise the contractor of the scheduled date for
a debarment hearing before the Contractor
Hearing Board.
8.12.4.2 The Contractor Hearing Board will conduct a
hearing where evidence on the proposed
debarment is presented. The contractor and/or
the contractor's representative shall be given an
opportunity to submit evidence at that hearing.
After the hearing, the Contractor Hearing Board
shall prepare a tentative proposed decision,
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which shall contain a recommendation
regarding whether the contractor should be
debarred, and, if so, the appropriate length of
time of the debarment. The contractor and the
Department shall be provided an opportunity to
object to the tentative proposed decision prior to
its presentation to the Board of Supervisors.
8.12.4.3 After consideration of any objections, or if no
objections are submitted, a record of the
hearing, the proposed decision, and any other
recommendation of the Contractor Hearing
Board shall be presented to the Board of
Supervisors. The Board of Supervisors shall
have the right to modify, deny, or adopt the
proposed decision and recommendation of the
Contractor Hearing Board.
8.12.4.4 If a contractor has been debarred for a period
longer than five (5) years, that contractor may
after the debarment has been in effect for at
least five (5) years, submit a written request for
review of the debarment determination to
reduce the period of debarment or terminate the
debarment. The County may, in its discretion,
reduce the period of debarment or terminate the
debarment if it finds that the contractor has
adequately demonstrated one or more of the
following: 1) elimination of the grounds for
which the debarment was imposed; 2) a bona
fide change in ownership or management; 3)
material evidence discovered after debarment
was imposed; or 4) any other reason that is in
the best interests of the County.
8.12.4.5 The Contractor Hearing Board will consider a
request for review of a debarment determination
only where 1) the contractor has been debarred
for a period longer than five (5) years; 2) the
debarment has been in effect for at least five (5)
years; and 3) the request is in writing, states
one or more of the grounds for reduction of the
debarment period or termination of the
debarment, and includes supporting
documentation. Upon receiving an appropriate
request, the Contractor Hearing Board will
provide notice of the hearing on the request. At
the hearing, the Contractor Hearing Board shall
conduct a hearing where evidence on the
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proposed reduction of debarment period or
termination of debarment is presented. This
hearing shall be conducted and the request for
review decided by the Contractor Hearing Board
pursuant to the same procedures as for a
debarment hearing.
8.12.4.6 The Contractor Hearing Board's proposed
decision shall contain a recommendation on the
request to reduce the period of debarment or
terminate the debarment. The Contractor
Hearing Board shall present its proposed
decision and recommendation to the Board of
Supervisors. The Board of Supervisors shall
have the right to modify, deny, or adopt the
proposed decision and recommendation of the
Contractor Hearing Board.
8.12.5 Subcontractors of Contractor
These terms shall also apply to subcontractors of County
contractors.
8.13 Contractor's Acknowledgement of County's Commitment to
Safely Surrendered Baby Law
8.13.1 The contractor acknowledges that the County places a high
priority on the implementation of the Safely Surrendered Baby
Law. The contractor understands that it is the County's policy
to encourage all County contractors to voluntarily post the
County's "Safely Surrendered Baby Law" poster, in Exhibit H,
in a prominent position at the contractor's place of business.
The contractor will also encourage its subcontractors, if any,
to post this poster in a prominent position in the
subcontractor's place of business. Information and posters
for printing are available at www.babysafela.org.
8.14 Contractor's Warranty of Adherence to County's Child Support
Compliance Program
8.14.1 The contractor acknowledges that the County has
established a goal of ensuring that all individuals who
benefit financially from the County through contracts are in
compliance with their court-ordered child, family and
spousal support obligations in order to mitigate the
economic burden otherwise imposed upon the County and
its taxpayers.
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8.14.2 As required by the County's Child Support Compliance
Program (County Code Chapter 2.200) and without limiting
the contractor's duty under this Contract to comply with all
applicable provisions of law, the contractor warrants that it is
now in compliance and shall during the term of this Contract
maintain in compliance with employment and wage
reporting requirements as required by the Federal Social
Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall
implement all lawfully served Wage and Earnings
Withholding Orders or Child Support Services Department
Notices of Wage and Earnings Assignment for Child, Family
or Spousal Support, pursuant to Code of Civil Procedure
Section 706.031 and Family Code Section 5246(b).
8.15 County's Quality Assurance Plan
The County or its agent(s) will monitor the contractor's performance
under this Contract on not less than an annual basis. Such
monitoring will include assessing the contractor's compliance with all
Contract terms and conditions and performance standards.
Contractor deficiencies which the County determines are significant
or continuing and that may place performance of the Contract in
jeopardy if not corrected will be reported to the Board of Supervisors
and listed in the appropriate contractor performance database. The
report to the Board will include improvement/corrective action
measures taken by the County and the contractor. If improvement
does not occur consistent with the corrective action measures, the
County may terminate this Contract or impose other penalties as
specified in this Contract.
8.16 Damage to County Facilities, Buildings or Grounds
8.16.1 The contractor shall repair, or cause to be repaired, at its
own cost, any and all damage to County facilities, buildings,
or grounds caused by the contractor or employees or
agents of the contractor. Such repairs shall be made
immediately after the contractor has become aware of such
damage, but in no event later than thirty (30) days after the
occurrence.
8.16.2 If the contractor fails to make timely repairs, County may
make any necessary repairs. All costs incurred by County,
as determined by County, for such repairs shall be repaid by
the contractor by cash payment upon demand.
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8.17 Employment Eligibility Verification
8.17.1 The contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees
performing work under this Contract meet the citizenship or
alien status requirements set forth in Federal and State
statutes and regulations. The contractor shall obtain, from
all employees performing work hereunder, all verification
and other documentation of employment eligibility status
required by Federal and State statutes and regulations
including, but not limited to, the Immigration Reform and
Control Act of 1986, (P.L. 99-603), or as they currently
exist and as they may be hereafter amended. The
contractor shall retain all such documentation for all
covered employees for the period prescribed by law.
8.17.2 The contractor shall indemnify, defend, and hold harmless,
the County, its agents, officers, and employees from
employer sanctions and any other liability which may be
assessed against the contractor or the County or both in
connection with any alleged violation of any Federal or
State statutes or regulations pertaining to the eligibility for
employment of any persons performing work under this
Contract.
8.18 Facsimile Representations
The County and the contractor hereby agree to regard facsimile
representations of original signatures of authorized officers of each
party, when appearing in appropriate places on the Contract
Signature page, Amendments prepared pursuant to Paragraph 8.1
(Amendments) and received via communications facilities, as
legally sufficient evidence that such original signatures have been
affixed to this Contract.
8.19 Fair Labor Standards
8.19.1 The contractor shall comply with all applicable provisions of
the Federal Fair Labor Standards Act and shall indemnify,
defend, and hold harmless the County and its agents,
officers, and employees from any and all liability, including,
but not limited to, wages, overtime pay, liquidated damages,
penalties, court costs, and attorneys' fees arising under any
wage and hour law, including, but not limited to, the
Federal Fair Labor Standards Act, for work performed
by the contractor's employees for which the County may be
found jointly or solely liable.
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8.20 Force Majeure
8.20.1 Neither party shall be liable for such party's failure to
perform its obligations under and in accordance with this
Contract, if such failure arises out of fires, floods,
epidemics, quarantine restrictions, other natural
occurrences, strikes, lockouts (other than a lockout by such
party or any of such party's subcontractors), freight
embargoes, or other similar events to those described
above, but in every such case the failure to perform must
be totally beyond the control and without any fault or
negligence of such party (such events are referred to in
this paragraph as "force majeure events").
8.20.2 Notwithstanding the foregoing, a default by a subcontractor
of contractor shall not constitute a force majeure event,
unless such default arises out of causes beyond the control
of both contractor and such subcontractor, and without any
fault or negligence of either of them. In such case,
contractor shall not be liable for failure to perform, unless
the goods or services to be furnished by the subcontractor
were obtainable from other sources in sufficient time to
permit contractor to meet the required performance
schedule. As used in this subparagraph, the term
"subcontractor" and "subcontractors" mean subcontractors
at any tier.
8.20.3 In the event contractor's failure to perform arises out of a
force majeure event, contractor agrees to use commercially
reasonable best efforts to obtain goods or services from
other sources, if applicable, and to otherwise mitigate the
damages and reduce the delay caused by such force
majeure event.
8.21 Governing Law, Jurisdiction, and Venue
This Contract shall be governed by, and construed in accordance
with, the laws of the State of California. The contractor agrees and
consents to the exclusive jurisdiction of the courts of the State of
California for all purposes regarding this Contract and further agrees
and consents that venue of any action brought hereunder shall be
exclusively in the County of Los Angeles.
8.22 Independent Contractor Status
8.22.1 This Contract is by and between the County and the
contractor and is not intended, and shall not be construed,
to create the relationship of agent, servant, employee,
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partnership, joint venture, or association, as between the
County and the contractor. The employees and agents of
one party shall not be, or be construed to be, the employees
or agents of the other party for any purpose whatsoever.
8.22.2 The contractor shall be solely liable and responsible for
providing to, or on behalf of, all persons performing work
pursuant to this Contract all compensation and benefits. The
County shall have no liability or responsibility for the
payment of any salaries, wages, unemployment benefits,
disability benefits, Federal, State, or local taxes, or other
compensation, benefits, or taxes for any personnel provided
by or on behalf of the contractor.
8.22.3 The contractor understands and agrees that all persons
performing work pursuant to this Contract are, for purposes
of Workers' Compensation liability, solely employees of the
contractor and not employees of the County. The contractor
shall be solely liable and responsible for furnishing any and
all Workers' Compensation benefits to any person as a
result of any injuries arising from or connected with any
work performed by or on behalf of the contractor pursuant to
this Contract.
8.22.4 The contractor shall adhere to the provisions stated in
Paragraph 7.6 (Confidentiality).
8.23 Indemnification
8.23.1 The contractor shall indemnify, defend and hold harmless
the County, its Special Districts, elected and appointed
officers, employees, agents and volunteers (County
Indemnitees) from and against any and all liability,
including but not limited to demands, claims, actions, fees,
costs and expenses (including attorney and expert witness
fees), arising from and/or relating to this Contract, except
for such loss or damage arising from the sole negligence or
willful misconduct of the County indemnitees.
8.24 General Provisions for all Insurance Coverage
8.24.1 Without limiting contractor's indemnification of County,
and in the performance of this Contract and until all of its
obligations pursuant to this Contract have been met,
contractor shall provide and maintain at its own expense
insurance coverage satisfying the requirements specified
in Paragraphs 8.24 and 8.25 of this Contract. These
minimum insurance coverage terms, types and limits (the
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"Required Insurance") also are in addition to and separate
from any other contractual obligation imposed upon
contractor pursuant to this Contract. The County in no
way warrants that the Required Insurance is sufficient to
protect the contractor for liabilities which may arise from or
relate to this Contract.
8.24.2 Evidence of Coverage and Notice to County
8.24.2.1 Certificate(s) of insurance coverage (Certificate)
satisfactory to County, and a copy of an
Additional Insured endorsement confirming
County and its Agents (defined below) has been
given Insured status under the contractor's
General Liability policy, shall be delivered to
County at the address shown below and
provided prior to commencing services under
this Contract.
8.24.2.2 Renewal Certificates shall be provided to
County not less than ten (10) days prior to
contractor's policy expiration dates. The County
reserves the right to obtain complete, certified
copies of any required contractor and/or
subcontractor insurance policies at any time.
8.24.2.3 Certificates shall identify all Required Insurance
coverage types and limits specified herein,
reference this Contract by name or number, and
be signed by an authorized representative of
the insurer(s). The Insured party named on the
Certificate shall match the name of the
contractor identified as the contracting party in
this Contract. Certificates shall provide the full
name of each insurer providing coverage, its
NAIC (National Association of Insurance
Commissioners) identification number, its
financial rating, the amounts of any policy
deductibles or self-insured retentions exceeding
fifty thousand dollars ($50,000), and list any
County required endorsement forms.
8.24.2.4 Neither the County's failure to obtain, nor the
County's receipt of, or failure to object to a non-
complying insurance certificate or endorsement,
or any other insurance documentation or
information provided by the contractor, its
insurance broker(s) and/or insurer(s), shall be
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construed as a waiver of any of the Required
Insurance provisions.
8.24.2.5 Certificates and copies of any required
endorsements shall be sent to:
County of Los Angeles
Homeless Initiative Unit - INSURANCE
Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
Los Angeles, CA 90012
hiadmin(a)-ceo.lacounty.gov
8.24.2.6 Contractor also shall promptly report to County
any injury or property damage accident or
incident, including any injury to a contractor
employee occurring on County property, and
any loss, disappearance, destruction, misuse,
or theft of County property, monies or securities
entrusted to contractor. Contractor also shall
promptly notify County of any third party claim
or suit filed against contractor or any of its
subcontractors which arises from or relates to
this Contract, and could result in the filing of a
claim or lawsuit against contractor and/or
County.
8.24.3 Additional Insured Status and Scope of Coverage
The County of Los Angeles, its Special Districts, Elected
Officials, Officers, Agents, employees and volunteers
(collectively County and its Agents) shall be provided
additional insured status under contractor's General
Liability policy with respect to liability arising out of
contractor's ongoing and completed operations performed
on behalf of the County. County and its Agents additional
insured status shall apply with respect to liability and
defense of suits arising out of the contractor's acts or
omissions, whether such liability -is attributable to the
contractor or to the County. The full policy limits and scope
of protection also shall apply to the County and its Agents
as an additional insured, even if they exceed the County's
minimum Required Insurance specifications herein. Use of
an automatic additional insured endorsement form is
acceptable providing it satisfies the Required Insurance
provisions herein.
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8.24.4 Cancellation of or Changes in Insurance
Contractor shall provide County with, or contractor's
insurance policies shall contain a provision that County
shall receive, written notice of cancellation or any change
in Required Insurance, including insurer, limits of coverage,
term of coverage or policy period. The written notice shall
be provided to County at least ten (10) days in advance of
cancellation for non-payment of premium and thirty (30)
days in advance for any other cancellation or policy
change. Failure to provide written notice of cancellation or
any change in Required Insurance may constitute a
material breach of the Contract, in the sole discretion of the
County, upon which the County may suspend or terminate
this Contract.
8.24.5 Failure to Maintain Insurance
Contractor's failure to maintain or to provide acceptable
evidence that it maintains the Required Insurance shall
constitute a material breach of the Contract, upon which
County immediately may withhold payments due to
contractor, and/or suspend or terminate this Contract.
County, at its sole discretion, may obtain damages from
contractor resulting from said breach. Alternatively, the
County may purchase the Required Insurance, and without
further notice to contractor, deduct the premium cost from
sums due to contractor or pursue contractor
reimbursement.
8.24.6 Insurer Financial Ratings
Coverage shall be placed with insurers acceptable to the
County with A.M. Best ratings of not less than A:VII unless
otherwise approved by County.
8.24.7 Contractor's Insurance Shall Be Primary
Contractor's insurance policies, with respect to any claims
related to this Contract, shall be primary with respect to all
other sources of coverage available to contractor. Any
County maintained insurance or self-insurance coverage
shall be in excess of and not contribute to any contractor
coverage.
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8.24.8 Waivers of Subrogation
To the fullest extent permitted by law, the contractor
hereby waives its rights and its insurer(s)' rights of
recovery against County under all the Required Insurance
for any loss arising from or relating to this Contract. The
contractor shall require its insurers to execute any waiver
of subrogation endorsements which may be necessary to
effect such waiver.
8.24.9 Subcontractor Insurance Coverage Requirements
Contractor shall include all subcontractors as insureds
under contractor's own policies, or shall provide County
with each subcontractor's separate evidence of insurance
coverage. Contractor shall be responsible for verifying
each subcontractor complies with the Required Insurance
provisions herein, and shall require that each subcontractor
name the County and contractor as additional insureds on
the subcontractor's General Liability policy. Contractor
shall obtain County's prior review and approval of any
subcontractor request for modification of the Required
Insurance.
8.24.10 Deductibles and Self -Insured Retentions (SIRs)
Contractor's policies shall not obligate the County to pay
any portion of any contractor deductible or SIR. The
County retains the right to require contractor to reduce or
eliminate policy deductibles and SIRs as respects the
County, or to provide a bond guaranteeing contractor's
payment of all deductibles and SIRs, including all related
claims investigation, administration and defense expenses.
Such bond shall be executed by a corporate surety
licensed to transact business in the State of California.
8.24.11 Claims Made Coverage
If any part of the Required Insurance is written on a claims
made basis, any policy retroactive date shall precede the
effective date of this Contract. Contractor understands and
agrees it shall maintain such coverage for a period of not
less than three (3) years following Contract expiration,
termination or cancellation.
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8.24.12 Application of Excess Liability Coverage
Contractors may use a combination of primary and excess
insurance policies which provide coverage as broad as the
underlying primary policies, to satisfy the Required
Insurance provisions.
8.24.13 Separation of Insureds
All liability policies shall provide cross -liability coverage as
would be afforded by the standard ISO (Insurance Services
Office, Inc.) separation of insureds provision with no
insured versus insured exclusions or limitations.
8.24.14 Alternative Risk Financing Programs
The County reserves the right to review, and then approve,
Contractor use of self-insurance, risk retention groups, risk
purchasing groups, pooling arrangements and captive
insurance to satisfy the Required Insurance provisions.
The County and its Agents shall be designated as an
Additional Covered Party under any approved program.
8.24.15 County Review and Approval of Insurance
Requirements
The County reserves the right to review and adjust the
Required Insurance provisions, conditioned upon County's
determination of changes in risk exposures.
8.25 Insurance Coverage
8.25.1 Commercial General Liability insurance (providing
scope of coverage equivalent to ISO policy form CG 00
01), naming County and its Agents as an additional
insured, with limits of not less than:
General Aggregate: $2 million
Products/Completed Operations Aggregate: $1 million
Personal and Advertising Injury: $1 million
Each Occurrence: $1 million
8.25.2 Automobile Liability insurance (providing scope of
coverage equivalent to ISO policy form CA 00 01) with
limits of not less than $1 million for bodily injury and
property damage, in combined or equivalent split limits, for
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each single accident. Insurance shall cover liability arising
out of contractor's use of autos pursuant to this Contract,
including owned, leased, hired, and/or non -owned autos,
as each may be applicable.
8.25.3 Workers Compensation and Employers' Liability
insurance or qualified self- insurance satisfying statutory
requirements, which includes Employers' Liability
coverage with limits of not less than $1 million per
accident. If Contractor will provide leased employees, or,
is an employee leasing or temporary staffing firm or a
professional employer organization (PEO), coverage also
shall include an Alternate Employer Endorsement
(providing scope of coverage equivalent to ISO policy
form WC 00 03 01 A) naming the County as the
Alternate Employer. The written notice shall be provided
to County at least ten (10) days in advance of cancellation
for non-payment of premium and thirty (30) days in
advance for any other cancellation or policy change. If
applicable to Contractor's operations, coverage also shall
be arranged to satisfy the requirements of any federal
workers or workmen's compensation law or any federal
occupational disease law.
8.25.4 Unique Insurance Coverage
8.25.4.1 Sexual Misconduct Liability
Insurance covering actual or alleged claims for
sexual misconduct and/or molestation with
limits of not less than $2 million per claim and
$2 million aggregate, and claims for negligent
employment, investigation, supervision,
training or retention of, or failure to report to
proper authorities, a person(s) who committed
any act of abuse, molestation, harassment,
mistreatment or maltreatment of a sexual
nature.
8.25.4.2 Professional Liability -Errors and Omissions
Insurance covering contractor's liability arising
from or related to this Contract, with limits of
not less than $1 million per claim and $2 million
aggregate. Further, contractor understands
and agrees it shall maintain such coverage for
a period of not less than three (3) years
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following this Agreement's expiration,
termination or cancellation.
8.26 Liquidated Damages
8.26.1 If, in the judgment of the Chief Executive Officer, or his/her
designee, the contractor is deemed to be non-compliant
with the terms and obligations assumed hereby, the Chief
Executive Officer, or his/her designee, at his/her option, in
addition to, or in lieu of, other remedies provided herein,
may withhold the entire monthly payment or deduct pro
rata from the contractor's invoice for work not performed.
A description of the work not performed and the amount to
be withheld or deducted from payments to the contractor
from the County, will be forwarded to the contractor by the
Chief Executive Officer, or his/her designee, in a written
notice describing the reasons for said action.
8.26.2 If the Chief Executive Officer, or his/her designee,
determines that there are deficiencies in the performance
of this Contract that the Chief Executive Officer, or his/her
designee, deems are correctable by the contractor over a
certain time span, the Chief Executive Officer, or his/her
designee, will provide a written notice to the contractor to
correct the deficiency within specified time frames. Should
the contractor fail to correct deficiencies within said time
frame, the Chief Executive Officer, or his/her designee,
may: (a) Deduct from the contractor's payment, pro rata,
those applicable portions of the Monthly Contract Sum;
and/or (b) Deduct liquidated damages. The parties agree
that it will be impracticable or extremely difficult to fix the
extent of actual damages resulting from the failure of the
contractor to correct a deficiency within the specified time
frame. The parties hereby agree that under the current
circumstances a reasonable estimate of such damages is
one hundred dollars ($100) per day per infraction, and that
the contractor shall be liable to the County for liquidated
damages in said amount. Said amount shall be deducted
from the County's payment to the contractor; and/or (c)
Upon giving five (5) days notice to the contractor for failure
to correct the deficiencies, the County may correct any and
all deficiencies and the total costs incurred by the County
for completion of the work by an alternate source, whether
it be County forces or separate private contractor, will be
deducted and forfeited from the payment to the contractor
from the County, as determined by the County.
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8.26.3 The action noted in Paragraph 8.26.2 shall not be
construed as a penalty, but as adjustment of payment to
the contractor to recover the County cost due to the failure
of the contractor to complete or comply with the provisions
of this Contract.
8.26.4 This Paragraph shall not, in any manner, restrict or limit the
County's right to damages for any breach of this Contract
provided by law or as specified in the PRS or Paragraph
8.26.2, and shall not, in any manner, restrict or limit the
County's right to terminate this Contract as agreed to
herein.
8.27 Most Favored Public Entity
8.27.1 If the contractor's prices decline, or should the contractor at
any time during the term of this Contract provide the same
goods or services under similar quantity and delivery
conditions to the State of California or any county,
municipality, or district of the State at prices below those set
forth in this Contract, then such lower prices shall be
immediately extended to the County.
8.28 Nondiscrimination and Affirmative Action
8.28.1 The contractor certifies and agrees that all persons
employed by it, its affiliates, subsidiaries, or holding
companies are and shall be treated equally without regard
to or because of race, color, religion, ancestry, national
origin, sex, age, physical or mental disability, marital status,
or political affiliation, in compliance with all applicable
Federal and State anti -discrimination laws and regulations.
8.28.2 The contractor shall certify to, and comply with, the
provisions of Exhibit C (Contractor's EEO Certification).
8.28.3 The contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment, without regard to race, color, religion,
ancestry, national origin, sex, age, physical or mental
disability, marital status, or political affiliation, in compliance
with all applicable Federal and State anti -discrimination laws
and regulations. Such action shall include, but is not limited
to: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training,
including apprenticeship.
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8.28.4 The contractor certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or
because of race, color, religion, ancestry, national origin,
sex, age, physical or mental disability, marital status, or
political affiliation.
8.28.5 The contractor certifies and agrees that it, its affiliates,
subsidiaries, or holding companies shall comply with all
applicable Federal and State laws and regulations to the
end that no person shall, on the grounds of race, color,
religion, ancestry, national origin, sex, age, physical or
mental disability, marital status, or political affiliation, be
excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under this
Contract or under any project, program, or activity
supported by this Contract.
8.28.6 The contractor shall allow County representatives access to
the contractor's employment records during regular
business hours to verify compliance with the provisions of
this Paragraph 8.28 (Nondiscrimination and Affirmative
Action) when so requested by the County.
8.28.7 If the County finds that any provisions of this Paragraph
8.28 (Nondiscrimination and Affirmative Action) have been
violated, such violation shall constitute a material breach of
this Contract upon which the County may terminate or
suspend this Contract. While the County reserves the right
to determine independently that the anti -discrimination
provisions of this Contract have been violated, in addition,
a determination by the California Fair Employment and
Housing Commission or the Federal Equal Employment
Opportunity Commission that the contractor has violated
Federal or State anti -discrimination laws or regulations
shall constitute:a finding by the County that the contractor
has violated the anti -discrimination provisions of this
Contract.
8.28.8 The parties agree that in the event the contractor violates
any of the anti -discrimination provisions of this Contract, the
County shall, at its sole option, be entitled to the sum of five
hundred dollars ($500) for each such violation pursuant to
California Civil Code Section 1671 as liquidated damages in
lieu of terminating or suspending this Contract.
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8.29 Non Exclusivity
8.29.1 Nothing herein is intended nor shall be construed as
creating any exclusive arrangement with the contractor.
This Contract shall not restrict County from acquiring similar,
equal or like goods and/or services from other entities or
sources.
8.30 Notice of Delays
8.30.1 Except as otherwise provided under this Contract, when
either party has knowledge that any actual or potential
situation is delaying or threatens to delay the timely
performance of this Contract, that party shall, within one (1)
business day, give notice thereof, including all relevant
information with respect thereto, to the other party.
8.31 Notice of Disputes
8.31.1 The contractor shall bring to the attention of the County's
Project Manager and/or County's Project Director any
dispute between the County and the contractor regarding
the performance of services as stated in this Contract. If
the County's Project Manager or County's Project Director
is not able to resolve the dispute, the Chief Executive
Officer, or designee shall resolve it.
8.32 Notice to Employees Regarding the Federal Earned Income
Credit
8.32.1 The contractor shall notify its employees, and shall require
each subcontractor to notify its employees, that they may be
eligible for the Federal Earned Income Credit under the
federal income tax laws. Such notice shall be provided in
accordance with the requirements set forth in Internal
Revenue Service Notice No. 1015.
8.33 Notice to Employees Regarding the Safely Surrendered Baby
Law
8.33.1 The contractor shall notify and provide to its employees,
and shall require each subcontractor to notify and provide
to its employees, information regarding the Safely
Surrendered Baby Law, its implementation in Los Angeles
County, and where and how to safely surrender a baby.
The information is set forth in Exhibit H, Safely
Surrendered Baby Law of this Contract. Additional
information is available at www.babysafela.org.
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8.34 Notices
8.34.1 All notices or demands required or permitted to be given or
made under this Contract shall be in writing and shall be
hand delivered with signed receipt or mailed by first-class
registered or certified mail, postage prepaid, addressed to
the parties as identified in Exhibits D (County's
Administration) and E (Contractor's Administration).
Addresses may be changed by either party giving ten (10)
days prior written notice thereof to the other party. The
Chief Executive Officer or his/her designee shall have the
authority to issue all notices or demands required or
permitted by the County under this Contract.
8.35 Prohibition Against Inducement or Persuasion
8.35.1 Notwithstanding the above, the contractor and the County
agree that, during the term of this Contract and for a period
of one year thereafter, neither party shall in any way
intentionally induce or persuade any employee of one party
to become an employee or agent of the other party. No bar
exists against any hiring action initiated through a public
announcement.
8.36 Public Records Act
8.36.1 Any documents submitted by the contractor; all information
obtained in connection with the County's right to audit and
inspect the contractor's documents, books, and accounting
records pursuant to Paragraph 8.38 (Record Retention and
Inspection -Audit Settlement) of this Contract; as well as
those documents which were required to be submitted in
response to the Request for Proposals (RFP) used in the
.solicitation process for this Contract, if applicable, become
the exclusive property of the County. All such documents
become a matter of public record and shall be regarded as
public records. Exceptions will be those elements in the
California Government Code Section 6250 et seq. (Public
Records Act) and which are marked "trade secret",
"confidential", or "proprietary". The County shall not in any
way be liable or responsible for the disclosure of any such
records including, without limitation, those so marked, if
disclosure is required by law, or by an order issued by a
court of competent jurisdiction.
8.36.2 In the event the Qounty is required to defend an.action on a
Public Records Act request for any of the aforementioned
documents, information, books, records, and/or contents of
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a proposal marked "trade secret", "confidential", or
"proprietary", the contractor agrees to defend and indemnify
the County from all costs and expenses, including
reasonable attorney's fees, in action or liability arising under
the Public Records Act.
8.37 Publicity
8.37.1 The contractor shall not disclose any details in connection
with this Contract to any person or entity except as may be
otherwise provided hereunder or required by law. However,
in recognizing the contractor's need to identify its services
and related clients to sustain itself, the County shall not
inhibit the contractor from publishing its role under this
Contract within the following conditions:
8.37.1.1 The contractor shall develop all publicity material
in a professional manner; and
8.37.1.2 During the term of this Contract, the contractor
shall not, and shall not authorize another to,
publish or disseminate any commercial
advertisements, press releases, feature articles,
or other materials using the name of the County
without the prior written consent of the County's
Project Director. The County shall not
unreasonably withhold written consent.
8.37.2 The contractor may, without the prior written consent of
County, indicate in its proposals and sales materials that it
has been awarded this Contract with the County of
Los Angeles, provided that the requirements of this
Paragraph 8.37 (Publicity) shall apply.
8.38 Record Retention and Inspection -Audit Settlement
8.38.1 The contractor shall maintain accurate and complete
financial records of its activities and operations relating to
this Contract in accordance with generally accepted
accounting principles. The contractor shall also maintain
accurate and complete employment and other records
relating to its performance of this Contract. The contractor
agrees that the County, or its authorized- representatives,
shall have access to and the right to examine, audit,
excerpt, copy, or transcribe any pertinent transaction,
activity, or record relating to this Contract. All such material,
including, but not limited to, all financial records, bank
statements, cancelled checks or other proof of payment,
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timecards, sign-in/sign-out sheets and other time and
employment records, and proprietary data and information,
shall be kept and maintained by the contractor and shall be
made available to the County during the term of this
Contract and for a period of five (5) years thereafter unless
the County's written permission is given to dispose of any
such material prior to such time. All such material shall be
maintained by the contractor at a location in Los Angeles
County, provided that if any such material is located outside
Los Angeles County, then, at the County's option, the
contractor shall pay the County for travel, per diem, and
other costs incurred by the County to examine, audit,
excerpt, copy, or transcribe such material at such other
location.
8.38.2 In the event that an audit of the contractor is conducted
specifically regarding this Contract by any Federal or State
auditor, or by any auditor or accountant employed by the
contractor or otherwise, then the contractor shall file a copy
of such audit report with the County's Auditor -Controller
within thirty (30) days of the contractor's receipt thereof,
unless otherwise provided by applicable Federal or State
law or under this Contract. Subject to applicable law, the
County shall make a reasonable effort to maintain the
confidentiality of such audit report(s) 8.38.3 Failure on the
part of the contractor to comply with any of the provisions of
this subparagraph 8.38 shall constitute a material breach of
this Contract upon which the County may terminate or
suspend this Contract.
8.38.3 If, at any time during the term of this Contract or within five
(5) years after the expiration or termination of this Contract,
representatives of the County conduct an audit of the
contractor regarding the work performed under this
Contract, and if such audit finds that the County's dollar
liability for any such work is less than payments made by
the County to the contractor, then the difference shall be
either: a) repaid by the contractor to the County by cash
payment upon demand or b) at the sole option of the
County's Auditor -Controller, deducted from any amounts
due to the contractor from the County, whether under this
Contract or otherwise. If such audit finds that the County's
dollar liability for such work is more than the payments
made by the County to the contractor, then the difference
shall be paid to the contractor by the County by cash
payment, provided that in no event shall the County's
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maximum obligation for this Contract exceed the funds
appropriated by the County for the purpose of this Contract.
8.39 Recycled Bond Paper
8.39.1 Consistent with the Board of Supervisors' policy to reduce
the amount of solid waste deposited at the County landfills,
the contractor agrees to use recycled -content paper to the
maximum extent possible on this Contract.
8.40 Subcontracting
8.40.1 The requirements of this Contract may not be subcontracted
by the contractor without the advance approval of the
County. Any attempt by the contractor to subcontract
without the prior consent of the County may be deemed a
material breach of this Contract.
8.40.2 If the contractor desires to subcontract, the contractor shall
provide the following information promptly at the County's
request:
8.40.2.1 A description of the work to be performed by the
subcontractor;
8.40.2.2 A draft copy of the proposed subcontract; and
8.40.2.3 Other pertinent information and/or certifications
requested by the County.
8.40.3 The contractor shall indemnify, defend, and hold the County
harmless with respect to the activities of each and every
subcontractor in the same manner and to the same degree
as if such subcontractor(s) were the contractor employees.
Any entity hired by Contractor shall indemnify, defend and
hold harmless the County, its Special Districts, elected and
appointed officers, employees, agents and volunteers
("County Indemnitees") from and against any and all liability,
including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness
fees), arising from or relating to this Contract, except for
such loss or damage arising from the sole negligence or
willful misconduct of the County Indemnitees.
8.40.4 The contractor shall remain fully responsible for all
performances required of it under this Contract, including
those that the contractor has determined to subcontract,
notwithstanding the County's approval of the contractor's
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proposed subcontract.
8.40.5 The County's consent to subcontract shall not waive the
County's right to prior and continuing approval of any and all
personnel, including subcontractor employees, providing
services under this Contract. The contractor is responsible
to notify its subcontractors of this County right.
8.40.6 The County's Project Director is authorized to act for and on
behalf of the County with respect to approval of any
subcontract and subcontractor employees. After approval of
the subcontract by the County, contractor shall forward a
fully executed subcontract to the County for their files.
8.40.7 The contractor shall be solely liable and responsible for all
payments or other compensation to all subcontractors and
their officers, employees, agents, and successors in interest
arising through services performed hereunder,
notwithstanding the County's consent to subcontract.
8.40.8 The contractor shall obtain certificates of insurance, which
establish that the subcontractor maintains all the programs
of insurance required by the County from each approved
subcontractor. Before any subcontractor employee may
perform any work hereunder, contractor shall ensure
delivery of all such documents to:
County of Los Angeles
Homeless Initiative Unit - INSURANCE
Chief Executive Office
Hall of Administration
500 W. Temple Street, Rm 493
Los Angeles, CA 90012
hiadmin(aD-ceo.lacounty.gov
8.41 Termination for Breach of Warranty to Maintain Compliance
with County's Child Support Compliance Program
8.41.1 Failure of the contractor to maintain compliance with the
requirements set forth in Paragraph 8.14 (Contractor's
Warranty of Adherence to County's Child Support
Compliance Program) shall constitute default under this
Contract. Without limiting the rights and remedies available
to the County under any other provision of this Contract,
failure of the contractor to cure such default within ninety
(90) calendar days of written notice shall be grounds upon
which the County may terminate this Contract pursuant to
Paragraph 8.43 (Termination for Default) and pursue
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debarment of the contractor, pursuant to County Code
Chapter 2.202.
8.42 Termination for Convenience
8.42.1 This Contract may be terminated, in whole or in part, from
time to time, when such action is deemed by the County, in
its sole discretion, to be in its best interest. Termination of
work hereunder shall be effected by notice of termination to
the contractor specifying the extent to which performance of
work is terminated and the date upon which such
termination becomes effective. The date upon which such
termination becomes effective shall be no less than ten (10)
days after the notice is sent.
8.42.2 After receipt of a notice of termination and except as
otherwise directed by the County, the contractor shall:
8.42.2.1 Stop work under this Contract on the date and to
the extent specified in such notice, and
8.42.2.2 Complete performance of such part of the work
as shall not have been terminated by such
notice.
8.42.3 All material including books, records, documents, or other
evidence bearing on the costs and expenses of the
contractor under this Contract shall be maintained by the
contractor in accordance with Paragraph 8.38 (Record
Retention and Inspection -Audit Settlement).
8.43 Termination for Default
8.43.1 The County may, by written notice to the contractor,
terminate the whole or any part of this Contract, if, in the
judgment of County's Project Director:
8.43.1.1 Contractor has materially breached this Contract;
or
8.43.1.2 Contractor fails to timely provide and/or
satisfactorily perform any task, deliverable,
service, or other work required either under this
Contract; or
8.43.1.3 Contractor fails to demonstrate a high probability
of timely fulfillment of performance requirements
under this Contract, or of any obligations of this
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Contract and in either case, fails to demonstrate
convincing progress toward a cure within five (5)
working days (or such longer period as the County
may authorize in writing) after receipt of written
notice from the County specifying such failure.
8.43.2 In the event that the County terminates this Contract in
whole or in part as provided in Paragraph 8.43.1, the County
may procure, upon such terms and in such manner as the
County may deem appropriate, goods and services similar
to those so terminated. The contractor shall be liable to the
County for any and all excess costs incurred by the County,
as determined by the County, for such similar goods and
services. The contractor shall continue the performance of
this Contract to the extent not terminated under the
provisions of this paragraph.
8.43.3 Except with respect to defaults of any subcontractor, the
contractor shall not be liable for any such excess costs of
the type identified in Paragraph 8.43.2 if its failure to
perform this Contract arises out of causes beyond the
control and without the fault or negligence of the contractor.
Such causes may include, but are not limited to: acts of
God or of the public enemy, acts of the County in either its
sovereign or contractual capacity, acts of Federal or State
governments in their sovereign capacities, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every
case, the failure to perform must be beyond the control and
without the fault or negligence of the contractor. If the
failure to perform is caused by the default of a
subcontractor, and if such default arises out of causes
beyond the control of both the contractor and subcontractor,
and without the fault or negligence of either of them, the
contractor shall not be liable for any such excess costs for
failure to perform, unless the goods or services to be
furnished by the subcontractor were obtainable from other
sources in sufficient time to permit the. contractor to meet
the required performance schedule. As used in this
paragraph, the term "subcontractor(s)" means
subcontractor(s) at any tier.
8.43.4 If, after the County has given notice of termination under the
provisions of Paragraph 8.43 (Termination for Default) it is
determined by the County that the contractor was not in
default under the provisions of Paragraph 8.43 (Termination
for Default) or that the default was excusable under the
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provisions of subparagraph 8.43.3, the rights and
obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to Paragraph 8.42
(Termination for Convenience).
8.43.5 The rights and remedies of the County provided in this
Paragraph 8.43 (Termination for Default) shall not be
exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.44 Termination for Improper Consideration
8.44.1 The County may, by written notice to the contractor,
immediately terminate the right of the contractor to proceed
under this Contract if it is found that consideration, in any
form, was offered or given by the contractor, either directly
or through an intermediary, to any County officer, employee,
or agent with the intent of securing this Contract or securing
favorable treatment with respect to the award, amendment,
or extension of this Contract or the making of any
determinations with respect to the contractor's performance
pursuant to this Contract. In the event of such termination,
the County shall be entitled to pursue the same remedies
against the contractor as it could pursue in the event of
default by the contractor.
8.44.2 The contractor shall immediately report any attempt by a
County officer or employee to solicit such improper
consideration. The report shall be made either to the
County manager charged with the supervision of the
employee or to the County Auditor -Controller's Employee
Fraud Hotline at (800) 544-6861.
8.44.3 Among other items, such improper consideration may take
the form of cash, discounts, services, the provision of travel
or entertainment, or tangible gifts.
8.45 Termination for Insolvency
8.45.1 The County may terminate this Contract forthwith in the
event of the occurrence of any of the following:
8.45.1.1 Insolvency of the contractor. The contractor shall
be deemed to be insolvent if it has ceased to pay
its debts for at least sixty (60) days in the ordinary
course of business or cannot pay its debts as
they become due, whether or not a petition has
been filed under the Federal Bankruptcy Code
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and whether or not the contractor is insolvent
within the meaning of the Federal Bankruptcy
Code;
8.45.1.2 The filing of a voluntary or involuntary petition
regarding the contractor under the Federal
Bankruptcy Code;
8.45.1.3 The appointment of a Receiver or Trustee for the
contractor; or
8.45.1.4 The execution by the contractor of a general
assignment for the benefit of creditors.
8.45.2 The rights and remedies of the County provided in this
Paragraph 8.45 (Termination for Insolvency) shall not be
exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.46 Termination for Non -Adherence of County Lobbyist Ordinance
8.46.1 The contractor, and each County Lobbyist or County
Lobbying firm as defined in County Code Section 2.160.010
retained by the contractor, shall fully comply with the
County's Lobbyist Ordinance, County Code Chapter 2.160.
Failure on the part of the contractor or any County Lobbyist
or County Lobbying firm retained by the contractor to fully
comply with the County's Lobbyist Ordinance shall
constitute a material breach of this Contract, upon which the
County may in its sole discretion, immediately terminate or
suspend this Contract.
8.47 Termination for Non -Appropriation of Funds
8.47.1 Notwithstanding any other provision of this Contract, the
County shall not be obligated for the contractor's
performance hereunder or by any provision of this Contract
during any of the County's future fiscal years unless and
until the County's Board of Supervisors appropriates funds
for this Contract in the County's Budget for each such
future fiscal year. In the event that funds are not
appropriated for this Contract, then this Contract shall
terminate as of June 30 of the last fiscal year for which
funds were appropriated. The County shall notify the
contractor in writing of any such non -allocation of funds at
the earliest possible date.
Implementation Homelessness Plan - CPG Y2 Page 44
AO -20-610
8.48 Validity
8.48.1 If any provision of this Contract or the application thereof to
any person or circumstance is held invalid, the remainder
of this Contract and the application of such provision to
other persons or circumstances shall not be affected
thereby.
8.49 Waiver
8.49.1 No waiver by the County of any breach of any provision of
this Contract shall constitute a waiver of any other breach
or of such provision. Failure of the County to enforce at
any time, or from time to time, any provision of this
Contract shall not be construed as a waiver thereof. The
rights and remedies set forth in this paragraph 8.49 shall
not be exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
8.50 Warranty Against Contingent Fees
8.50.1 The contractor warrants that no person or selling agency
has been employed or retained to solicit or secure this
Contract upon any Contract or understanding for a
commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the contractor
for the purpose of securing business.
8.50.2 For breach of this warranty, the County shall have the right
to terminate this Contract and, at its sole discretion, deduct
from the Contract price or consideration, or otherwise
recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
8.51 Warranty of Compliance with County's Defaulted Property Tax
Reduction Program
8.51.1 Contractor acknowledges that County has established a
goal of ensuring that all individuals and businesses that
benefit financially from County through contract are current
in paying their property tax obligations (secured and
unsecured roll) in order to mitigate the economic burden
otherwise imposed upon County and its taxpayers.
Unless contractor qualifies for an exemption or exclusion,
contractor warrants and certifies that to the best of its
knowledge it is now in compliance, and during the term of
Implementation Homelessness Plan - CPG Y2 Page 45
AO -20-610
this contract will maintain compliance, with Los Angeles
County Code Chapter 2.206.
8.52 Termination for Breach of Warranty to Maintain Compliance
with County's Defaulted Property Tax Reduction Program
8.52.1 Failure of contractor to maintain compliance with the
requirements set forth in Paragraph 8.51 "Warranty of
Compliance with County's Defaulted Property Tax
Reduction Program" shall constitute default under this
contract. Without limiting the rights and remedies available
to County under any other provision of this contract, failure
of contractor to cure such default within ten (10) days of
notice shall be grounds upon which County may terminate
this contract and/or pursue debarment of contractor,
pursuant to County Code Chapter 2.206.
8.53 Time Off for Voting
8.53.1 The contractor shall notify its employees, and shall require
each subcontractor to notify and provide to its employees,
information regarding the time off for voting law (Elections
Code Section 14000). Not less than ten (10) days before
every statewide election, every contractor and
subcontractors shall keep posted conspicuously at the
place of work, if practicable, or elsewhere where it can be
seen as employees come or go to their place of work, a
notice setting forth the provisions of Section 14000.
8.54 Compliance with County's Zero Tolerance Policy on Human
Trafficking
Contractor acknowledges that the County has established a Zero
Tolerance Policy on Human Trafficking prohibiting contractors from
engaging in human trafficking.
If a Contractor or member of Contractor's staff is convicted of a
human trafficking offense, the County shall require that the
Contractor or member of Contractor's staff be removed immediately
from performing services under the Contract. County will not be
under any obligation to disclose confidential information regarding
the offenses other than those required by law.
Disqualification of any member of Contractor's staff pursuant to this
paragraph shall not relieve Contractor of its obligation to -.complete all
work in accordance with the terms and conditions of this Contract.
Implementation Homelessness Plan - CPG Y2 Page 46
AO -20-610
Contractor shall comply with fair chance employment hiring
practices set forth in California Government Code Section 12952,
Employment Discrimination: Conviction History, Contractor's
violation of this paragraph of the Contract may constitute a material
breach of the Contract. In the event of such material bre.ch,
County may, in its sole discretion, terminate the Contract.
The contractor acknowledges that the County takes its commitme
to preserving the dignity and professionalism of the workplace ve
seriously, as set forth in the County Policy of Equity (CPO
(hgp�i:�//ceo �.Iacou�ht. oqv/). The contractor further acknowledg
that the County strives to provide a workplace free fro
discrimination, harassment, retaliation and inappropriate condu
based on a protected characteristic, and which may violate th
CPOE. The contractor, its employees and subcontracto
acknowledge and certify receipt and understanding of the CPO
Failure of the contractor, its employees or its subcontractors
uphold the County's expectations of a workplace free fro
harassment and discrimination, including inappropriate condu
based on a protected characteristic, may subject the contractor
termination of contractual agreements as well as civil liability.
MM, ffmf
.11: 1111 A 0 a I
Contractor and subcontractors that electronically transmit or
store personal information (PI), protected health information
(PHI) and/or medical information (MI) shall comply with th4
encryption standards set forth below. PI is defined in California
Health Insurance Portability and Accountability Act of 1996
(HIPPA), and implementing regulations, MI is defined in
California Civil Code Section 56.05(j).
a. Stored Data
Contractors' and subcontractors' workstations and
portable devices that are used to access, store,
receive and/or transmit County PI, PHI or MI (e.g.,
mobile, Wbarables, tablets, thumb drives, external
hard drives) require encryption (i.e. software and/or
hardware) in accordance with: a) Federal Information
Implementation Homelessness Plan - CPG Y2 Page 47
Aa -20-610
Processing Standard Publication (FIPS) 140-2; b)
National Institute of Standards and Technology
(NIST) Special Publication 800-57 Recommendation
for Key Management — Part 1: General (Revision 3);
c) NIST Special Publication 800-57 Recommendation
for Key Management — Part 2: Best Practices for Key
Management Organization; and d) NIST Special
Publication 800-111 Guide to Storage Encryption
Technologies for End User Devices. Advanced
Encryption Standard (AES) with cipher strength of
256 -bit is minimally required.
b. Transmitted Data
All transmitted (e.g. network) County PI, PHI and/or
MI require encryption in accordance with: a) NIST
Special Publication 800-52 Guidelines for the
Selection and Use of Transport Layer Security
Implementations; and b) NIST Special Publication
800-57 Recommendation for Key Management — Part
3: Application -Specific Key Management Guidance.
Secure Sockets Layer (SSL) is minimally required
with minimum cipher strength of 128 -bit.
C. Certification
The County must receive within ten (10) business
days of its request, a certification from the Contractor
(for itself and any Subcontractors) that certifies and
validates compliance with the encryption standards
set for the above. In additional, Contractor shall
maintain a copy of any validation/attestation report
that its data encryption product(s) generate and such
reports shall be subject to, audit in accordance with
the Contract. Failure on the part of the Contractor to
comply with any of the provisions of this
Subparagraph 9.3.1 (Data Encryption) shall constitute
a material breach of this Contract upon which the
County may terminate or suspend this Contract.
9.2 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
(HIPAA)
9.2.1 Contractor expressly acknowledges and agrees that the
provision of services under this Agreement does not require
or permit access by Contractor or any of its offices,
employees, or agents, to any patient medical records/patient
information. Accordingly, Contractor shall instruct its officers,
Implementation Homelessness Plan - CPG Y2 Page 48
AO -20-610
employees, and agents that they are not to pursue, or gain
access to, patient medical records/patient information for any
reason whatsoever.
9.2.2 Notwithstanding the forgoing, the parties acknowledge that in
the course of the provision of services hereunder, Contractor
or its officers, employees, and agents, may have inadvertent
access to patient medical records/patient information.
Contractor understands and agrees that neither it nor its
officers, employees, or agents, are to take advantage of such
access for any purpose whatsoever.
9.2.3 Additionally, in the event of such inadvertent access,
Contractor and its officers, employees, and agents, shall
maintain the confidentiality of any information obtained and
shall notify Director that such access has been gained
immediately, or upon the first reasonable opportunity to do so.
In the event of any access, whether inadvertent or intentional,
Contractor shall indemnify, defend, and hold harmless
County, its officers, employees, and agents, from and against
any and all liability, including but not limited to, actions,
claims, costs, demands, expenses, and fees (including
attorney and expert witness fees) arising from or connected
with Contractor's or its officers', employees', or agents',
access to patient medical records/patient information.
Contractor agrees to provide appropriate training to its
employees regarding their obligations as described
hereinabove.
Implementation Homelessness Plan - CPG Y2 Page 49
AO -20-610
IN WITNESS WHEREOF, County has caused this Contract to be
executed by its Chief Executive Officer. Contractor has caused this Contract to
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KATHERINE M. BOWSER
Principal Deputy County Counsel
Date
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Implementation Homelessness Plan - CPG Y2 Page 50
AO -19-6
EXHIBIT A
STATEMENT OF WORK
City of Baldwin Park Multi -jurisdictional
City Homelessness Plan Implementation Grant
Section I. Overview
On August 17, 2015, in response to the growing crisis of homelessness, the Los
Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent
and combat homelessness which continues to pervade our communities. An
unprecedented collaborative planning process resulted in a comprehensive plan
consisting of 47 strategies, with four more strategies subsequently added. Recognizing
the need to sustain the HI strategies, the Board of Supervisors approved the Measure
H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through
Measure H. On March 7, 2017, the voters approved Measure H.
Since the inception of the HI in 2015, collaboration and engagement with the 88 cities
in the County has been a major priority for the County. Cities play a critical role in
ensuring that the impact of these strategies is maximized. Cities have jurisdiction over
housing and land use for about 90% of the countywide population, and thus play a vital
role in developing affordable housing and interim housing.
In 2017, the Board of Supervisors approved funding to cities to develop their own
homelessness plans. In 2018, participating cities submitted their homelessness plans.
In September 2018, the Board of Supervisors approved $9 million in Measure H
funding for the HI and United Way Home for Good Funders Collaborative to issue a
Request for Proposals (RFP) for the cities to implement their homelessness plans,
either as individual cities or multi -jurisdictional partners.
Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los
Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, EI Monte
and South EI Monte (Cohort) have a combined homeless count of 775 individuals and
family members.
Since the completion of their homeless plans in 2018, the Cohort Cities have been
working collectively to combat homelessness and agreed to formally partner to develop
a plan to: 1) increase the supply of supportive and interim housing for people
experiencing homelessness at a regional level; and 2) enhance the availability and
access to homeless services to prevent and combat homelessness in the region. The
Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for
this multi -jurisdictional proposal.
The Cohort's long-term vision is to create a system change and set in place efficiencies
through policies and programs within the Cities that will align with the County's. The
Cohort, through its respective Community Development Departments, Planning
Department and Department of Recreation and Community Services (Baldwin Park)
will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of
Governments (CoG), and the Hl, with whom planning work is already underway. The
EXHIBIT A
STATEMENT OF WORK
proposed project is a result of discussions between cohort cities and each cohort city's
goals and objectives as described below:
Baldwin Park:
• Coordinate Local Efforts to Respond to Homelessness
• Help Prevent Individuals and Families from Becoming Homeless
• Connect Case Management and Services to the Coordinated Entry System
• Expand Access to Workforce Development Programs to Increase
Employment
• Explore Opportunities to Increase the Number of Units of Affordable/Supportive
Housing
EI Monte:
• Better Understand the City's Homeless Population and Educate the Community
• Increase Engagement Activities and Links to Crisis Response System
• Expand Access to Workforce Development and Employment Programs
• Increase the Number of Shelter Beds
• Increase the Number of Affordable/Supportive Housing Units
• Participate in Regional Collaboration Opportunities
South EI Monte:
• Educate City Staff and the Community about Homelessness and Available
Resources
• Increase Outreach and Engagement Activities Goal
• Expand Employment Opportunities in the City
• Create Shelter Options in the City
• Create New Affordable/Supportive Housing Options in the City
• Coordinate with Regional Partners on Homelessness Plan Implementation
Section II. Objectives and Program Description
Please check all that apply:
® Priority Area 1 - Increase the supply of supportive and interim housing for people
experiencing homelessness
❑x Priority Area 2 - Enhance the effectiveness of County service systems for those
experiencing and/or at -risk of homelessness.
Priority Area 1:
The Cohort will work together to immediately increase the supply of interim and
permanent housing within its jurisdiction. The cohort will work with a consultant to
implement an interim housing program, using motel vouchers and a rapid re -housing
program.
STATEMENT OF WORK
Interim Housing:
EXHIBIT A
The Cohort will expand the number of motel partnerships available to provide interim
housing at an affordable rate for the grant period. This approach will increase the
availability of immediate shelter opportunities and build trust with clients to enhance
connection to the Coordinated Entry System (CES). The following motels have been
identified as potential partners for interim housing:
• Grand Park Inn, 13921 Francisquito Ave. Baldwin Park
• Motel 6, 14510 Garvey Ave. Baldwin Park
• Sierra Inn, 1171 Durfee Ave. South EI Monte
• Ramada Inn, 1089 Santa Anita Ave. South EI Monte
• Motel 6, 1228 N Durfee Ave, South EI Monte
Permanent Housing:
The Cohort will also leverage services of the Baldwin Park Housing Authority, serving
as the administrator of the Rapid Rehousing Program, and will ensure best practices
are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing
funds will provide for a variety of assistance, including: short-term or medium-term
rental assistance and housing relocation and stabilization services, including such
activities as mediation, credit counseling, security or utility deposits, utility payments,
moving cost assistance, and case management.
To be eligible to rapid rehousing services, individuals or families must be homeless or
at risk.of becoming homeless and: 1) be at or below 50% of the Area Median Income;
2) have at least an initial consultation with housing navigator/coordinator to determine
need; and 3) be in a housing circumstance that no appropriate subsequent housing
options have been identified and the household lacks the financial resources and
support networks needed to obtain immediate housing or remain in existing housing.
Land Assessment:
The Cohort will explore opportunities to identify vacant or underutilized public land for
affordable/supportive housing and evaluate how to utilize parcels of land and available
funds resulting from the dissolution of the Redevelopment Agency for
affordable/supportive housing
Accessory Dwelling Unit (ADU) Ordinance Review:
The Cohort will review their ADU ordinances to explore aligning Ordinances to maximize
efforts to prevent and combat homelessness by providing incentives or fee waivers for
ADUs used for homeless housing.
The above referenced Priority Area 1 projects support the goals of each of the Cohort's
homelessness plans as described above and addresses HI strategies B3, E7, E8, F4,
F6, and F7.
EXHIBIT A
STATEMENT OF WORK
The City of Baldwin Park will also subcontract with the Cohort to support the creation of
a Regional Housing Trust Fund, which will establish a source of funds to support the
preservation and production of supportive, homeless, affordable and other manner of
housing in the region. This project addresses HI strategy F7.
Priority Area 2:
The Cohort Cities will implement several integrated activities that comprise a services
program to strengthen the continuum of care for the 775 people experiencing
homelessness within their sub -region of the San Gabriel Valley. These activities will
complement County and City service systems by enabling a selected contractor to hire
a dedicated full-time Case Worker Coordinator to support Housing Navigation and other
homeless service provider and city case management staff. Other proposed activities
include launching a local homeless prevention/diversion program for individuals and/or
families in need and establishing an Access Center to centralize homeless prevention
activities. The cohort will also implement a landlord engagement and incentives
program to increase housing units and stabilize clients. Additionally, the Cohort will
establish a navigation center with available lockers and make available showers for
people experiencing homelessness. To further support and stabilize individuals and
families at risk of or experiencing homelessness, the Cohort will ensure connections to
employment services and assistance, as appropriate.
The above referenced Priority Area 2 projects support the goals of each of the Cohort's
homelessness plans as described above and addresses HI strategies Al, A5, B3, B4,
C1, C2, C7, D5, E6, E7, and E8
Section III. Tasks
Task 1: Develop the necessary agreements to implement the program.
Activities
Deliverables
Due Date'
Cohort Cities will enter into a
Executed MOU
30 days after
Memorandum of Understanding
contract execution
(MOU) or other type of agreement
establishing the terms of their
collaboration on this project
Cohort Cities will enter into a
Executed Subcontractor
60 days after
subcontract with consultant to
Agreement
contract execution
administer the interim housing
programs; submit copies of draft
subcontractor agreements for County
approval.
Cohort Cities will enter into a
Executed Subcontractor
60 days after
subcontract with a service provider(s)
Agreement
contract execution
or consultant to serve as the Case
Worker Coordinator; submit copies of
EXHIBIT A
STATEMENT OF WORK
draft subcontractor agreements for
Metrics
Deliverables
County approval.
Project plan will be provided
2nd Quarter
Cohort Cities will enter into a
Executed Subcontractor
60 days after
subcontract with a consultant to do
Agreement
contract execution
land assessment; submit copies of
draft subcontractor agreements for
County approval.
Report will be developed and
3rd Quarter
All members of the Cohort will
Number of volunteers recruited
90 days after
become' "opt -in" cities for the LAHSA
Report on number of individuals
contract execution
Homeless Count
Identification of one or more
90 days after
deployment sites
contract execution
Identification of one or more
90 days after
coordinators tooperate the site.
contract execution
Task 11: Consultant will do land assessment of public, private land, private property, and
valuate options to implement land
Develop project plan and timeline for
land and policy assessment.
zoning, affordable housina polic
Project plan and timeline for
land and policy assessment. 2nd Quarter
Conduct land and policy assessment Report on 1) the number of Final Quarter
and develop report affordable housing units that
could be added; 2) feasibility of
motel conversions; 3) land use,
zoning and affordable housing
policy assessment and/or
recommendations
Develop ADU and/or Zoning Final adopted ordinance (s) Final Quarter
Ordinance revisions
Task III: Conduct Canital Imnrovements for Shared Sunnortive Housina
Activities
Metrics
Deliverables
Development of project plan, to
Project plan will be provided
2nd Quarter
identify potential sites for capital
improvements, including timeline,
and allocation of resources, and
training
Available sites identified
Report will be developed and
3rd Quarter
provided
Capital improvements completed on
Report on number of individuals
Final Quarter
identified sites
and families housed in shared
housing
EXHIBIT A
STATEMENT OF WORK
Task IV: Consultant will engage Landlords, motel owners, property managers to
increase interim and permanent housing opportunities
Activities
Metrics
Deliverables
Create a Landlord engagement plan
Project Plan
60 days after
with standard outreach, training, and
interim housing
contract execution
support services across cohort.
Number of new rooms secured for interim
3 t Quarter
Activities `'
Metrics
Deliverables
Establish partnership/agreements
Number of Landlords, property
Final Quarter
with motel owners and Landlords,
managers engaged to increase
60-100 individuals
property managers to increase
permanent housing
150 Landlords,1-15
interim and permanent housing
Number of individuals and family members
at each session,
opportunities
active in the program during report period
with 10% retention
(unduplicated)
goal
Number of agreements
Final Quarter
executed to increase permanent
housing
10 Agreements
Number of Motel/interim housing
End of 1St Quarter
operators engaged to increase
interim housing
3 Operators
Number of agreements
2nd Quarter
executed to increase interim
housing
3 Agreements
Task V: Establish and Implement the Interim Housing and Short-term Rental
Assistance Programs
Activities
Metrics
Deliverables
Motel vouchers
Number of new motel locations providing
3 t Quarter
interim housing
3 motels
Number of new rooms secured for interim
3 t Quarter
housing
15 new rooms
Number of individuals and family members
Final Quarter
newly enrolled during report period
60-100 individuals
(unduplicated)
Number of individuals and family members
active in the program during report period
Final Quarter
(unduplicated)
60-100 individuals
:02113r1
STATEMENT OF WORK
Task VI: Establish Access Center, Navigation Center and Services Program
Activities
Number individuals and family members who
Deliverables
Establish an Access
Center to centralize
exited to any destination during report period
Final Quarter
(unduplicated)
50 individuals
Number of individuals and family members
who exited to permanent housing destination
Final Quarter
during report period (unduplicated)
10 individuals
Short-term Rental
Number of individuals and family members
Assistance Program
newly enrolled in the program during report
3rd Quarter
with supportive
period. (unduplicated)
30 (10 per site)
services targeting
lower/medium acuity
Number of individuals and family members
clients.
active in the program during the report period.
Final Quarter
(unduplicated)
60 individuals
Number of individuals and family members
Final Quarter
who exit short-term rental assistance program
60 individuals
(undu licated)
Number of individuals and family members
Final Quarter
who obtained employment (unduplicated)
15 individuals
Number of individuals and family members
3rd Quarter
who were connected to benefits (unduplicated)
60 individuals
Number of individuals and family members
Final Quarter
who retained permanent housing (reached the
Unknown
6 -month retention milestone from date of
placement) after exiting rapid rehousing
Number of individuals and family members
Final Quarter
placed in short-term rental assistance program
30 individuals
who were eligible to meet the 6 -month
retention milestone (DENOMINATOR FOR
ABOVE METRIC)
Number of individuals and family members
Final Quarter
who retained housing (reached the 12 -month
Unknown
retention milestone from date of placement)
Number of individuals and family members
Final Quarter
placed in permanent housing who were
30 individuals
eligible to meet the 12 -month retention
milestone (Denominator for the above metric)
Number of Security Deposits provided
25 Deposits
Task VI: Establish Access Center, Navigation Center and Services Program
Activities
Metrics
Deliverables
Establish an Access
Center to centralize
Access Center location(s)
2nd Quarter
1 in El Monte
EXHIBIT A
STATEMENT OF WORK
homeless prevention
Number of individuals and family members
Final Quarter
activities
served at access center location
Note: Funds
(unduplicated)
($5,000) allocated
to EI Monte
Access Center,
please clarify
amount of
allocation
Number of individuals and family members
Final Quarter
connected to services during the report period
N/A
(unduplicated)
Note: Funds
($5,000) allocated
to EI Monte
Access Center,
please clarify
amount of
allocation
Establish available
Number of lockers available at the navigation
lockers and
center
2nd Quarter
connection to laundry
30 individuals
facility
Number of individuals and family members
utilizing lockers during the report period.
Final Quarter
(unduplicated)
100 individuals
Number of individuals and family members
Final Quarter, or
accessing laundry services (unduplicated)
33 per quarter,
200 Individuals
Total
Installation of Shower
Number of shower stalls provided to serve
2rd Quarter
Facilities
individuals and families experiencing
4 stalls per site, at
homelessness
3 sites, 12 Total
Number of individuals and family members
Final Quarter
accessing shower facilities during report
30 individuals per
period. (unduplicated)
Quarter Avg, 180
Total
Number of days in the report period that
Final Quarter
showers were made available to people
30 per Quarter
experiencing homelessness
Avg, 180 Total
Establish a
Number of individuals and family members
Final Quarter
Prevention/Diversion
received prevention/diversion services
60-100 individuals
Program to offer
(unduplicated)
EXHIBIT A
STATEMENT OF WORK
rental Number of individuals and family members Final Quarter
assistance/resources prevented from becoming homeless during 60 individuals
report period (unduplicated)
Task VII: Increase employment services
Activities
Target Outcome
I Deliverables
Develop an employment/jobs plan
Joint Powers Authority
2nd Quarter
among Cohort with a local hire
Employment/Job plan
1 Plan for Cohort
model.
RHTF established.
describing progress
Formalize partnership with non-profit
Provide report on partnerships
3t" Quarter
agencies, who offer specialized
and employment opportunities
Single Partnership
employment/job development tools,
created
involvement of
and EDD to increase opportunity for
Baldwin Park.
clients to secure jobs and increase
income.
Task VIII: Regional Housing Trust Fund
Activities
Target Outcome
Deliverables
Support the establishment of a
Joint Powers Authority
Narrative included
Regional Housing Trust Fund
negotiations complete and
in quarterly report
Assessment of Baldwin Park's Public or Private
RHTF established.
describing progress
Land, Private Property, and valuate options to
toward formation of
implement Land Use, Zoning, Affordable Housing
RHTF and
Policy, and Hotel/Motel Conversions. Interact with
involvement of
City Council and Planning Commission
Baldwin Park.
Section III. Staffing
Provide description of staff roles that directly support the successful implementation of the
funded program(s). Staff may include City personnel and/or City's sub-contractor(s)
Program Name: Baldwin Park, EI Monte and South EI Monte (Cohort) Homelessness
Implementation Plan
Entity
Title
Description of Key Activities
Baldwin Park
City Planner/
Oversight and coordination with Consultant in
Associate Planner
Assessment of Baldwin Park's Public or Private
Land, Private Property, and valuate options to
implement Land Use, Zoning, Affordable Housing
Policy, and Hotel/Motel Conversions. Interact with
City Council and Planning Commission
EXHIBIT A
Community
Provide oversight of Employment Services and
Development Director
various PA 1 and PA 2 activities within the City of
Baldwin Park
Recreation and
Provide oversight and direction of Shower Program,
Community Services
Navigation and Lockers
Director
Housing Manager
Pursue funding to expand housing development,
increase shelter options/services.
Housing Specialist
Provide Interim Housing and Motel Vouchers
EI Monte
Associate Planner
Oversight and coordination with Consultant in
Assessment of EI Monte's Public or Private Land,
Private Property, and valuate options to implement
Land Use, Zoning, Affordable Housing Policy, and
Hotel/Motel Conversions. Interact with City Council
and Planning Commission
Housing Manager
Provide oversight of prevention/diversion and other
PA 2 funded services, such as, short term rental
assistance with supportive services
Administrative
Provide administrative support for PA1/PA 2
Technician
activities
South EI Monte
Director of Community
Oversight and coordination with Consultant in
Development
Assessment of South EI Monte's Public or Private
Land, Private Property, and valuate options to
implement Land Use, Zoning, Affordable Housing
Policy, and Hotel/Motel Conversions. Interact with
City Council and Planning Commission
Deputy City Manager
Provide oversight of various PA1 and PA 2 activities
within the City of South EI Monte
Community Services
Provide direction and support for Housing
Executive
Navigator/Case Manager within the City of South EI
Monte, Data collection and reporting.
Baldwin Park,
Development/Planning
Work directly with each cohort city to evaluate
EI Monte,
Consultant
options to implement land use/zoning changes, such
South EI Monte
as Motel Conversion and Low -Income Fee Waivers
for Accessory Dwelling Units. Consider aligning land
use/zoning policies to match LA County. Evaluate
the establishment of an inclusionary housing
ordinance. For cities with their own Housing
Authority, consider prioritizing Housing Choice
Vouchers for persons experiencing [chronic]
homelessness.
Baldwin Park,
Homeless Housing
Within each cohort city, work with landlords to
EI Monte,
Coordinator
provide clarity on process to increase housing units,
South EI Monte
assistance with tenants (workshops for paperwork,
education on unit maintenance, self-observation
techniques, as well as provide quarterly observation
EXHIBIT A
STATEMENT OF WORK
site visits for recommendations of annual
inspections to strengthen longevity in rental unit.
Host lunch/dinner special informational events to
attract new landlords. The program will overall
establish and carry -out mutual objectives between
landlord/tenant/city and County services leading to
systemic improvements and securing the available
units expeditiously. Coordination between cities and
CES and regional county efforts is integral to
successful implementation of Cohort Plans.
Coordinator will serve to establishing the
development of relationships with Motel vendors,
landlords and property managers for rapid
rehousing, and doing work to support creation of
new housing/shelter.
Baldwin Park,
Development
Work with each cohort city to assess and appraise
EI Monte,
Consultant
existing public or privately -owned land/property
South EI Monte
resources to determine the feasibility of use for
interim or permanent housing. Prepare report of
assessment findings.
Baldwin Park,
Housing
Provide support to residents at risk of, or
EI Monte, '
Navigator/Case
experiencing homelessness to locate housing and
South EI Monte
Manager
connect to other housing services funded through
PA 1 /PA 2
I. Provide copy of any
Within 60 days of contract execution (if an early payment
agreements necessary to
is needed to start implementing the program, this
implement the funded
deliverable can be submitted earlier)
program (MOU/Joint-
Use). Subcontracted
February 28, 20ISI 21
agreements necessary to
implement the funded
program in advance for
County approval.
11. Provide copy of any ADU
Upon completion
Project Plans or related
draft ordinances
11. Submit Quarterly Reports Within 30 days after each quarter of program
and supporting implementation
documents.
*
Milia! it 0
r =0
DMIM M M 1-0
MAN
September 1, 2020 — November 30,rN
2020
December 1, 2020— February 28,
2021
February 28, 20ISI 21
Prior to contra on i
Quarterly Reports and Invoices shall be submitted to County Chief Executive Office -
PRICING SCHEDULE
Total Contract Budget: $1,074,820
The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los
Angeles. The County will pay up to 1/4 of the total contract sum upon receipt of invoice
and/or upon execution of the subcontracts necessary to perform contract services.
The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be
disbursed accordingly once operating budget has been established by City and approved
by County, and official formation of RHTF. The County will pay $169,430 of the total
allocated RHTF amount upon execution of the subcontracts to perform contract services.
The remaining contract sum and RHTF amount shall be paid out based on reimbursable
charges over the term of the agreement.
CITY PERSONNEL COSTS
Total Costs
Not to
Exceed
PA 1 — City Planner/Associate Planner (City of Baldwin Park
$21,450
PA 1 —Associate Planner (City of EI Monte
$11,324
PA 1 — Director of Community Development (City of South EI Monte
$10,800
SUBTOTAL CITY PERSON NELCOSTS
$43,574,'
NON - PERSONNEL COSTS
Sub-Contract/Consultant Costs:
Total Costs
Not to
Exceed
PA1 - Development/Planning Development/PlanningConsultant
$
30,000
PA1 - Permanent Housing Capital Improvements
$
30,000
PA1 - Homeless Housing Coordinator
$
81,200
PA1 - Motel Vouchers for Interim Housing
$
97,526
PA1 - Short -Term Rental Assistance/Rapid Rehousing
$
85,500
PA1 - Development Consultant
$
45,000
PA2 - Prevention/Diversion Program
$
87,000
PA2 -`Employment Services
$
27,000
PA2 -`Landlord Engagement/Incentives Program
$
'25,000
PA2 - Showers Program
$
18,000
PA2 -'Navigation Center/Lockers
$
30,000
PA2 - Access Center
$
5,000
PA2 - Housing" Navigation/Case Management
$
_ 93,600
SUBTOTAL NON.; PERSONNELCOSTS ;
$654,826
TOTAL (PA'1/PA2 CITY PERSONNEL +NON PERSONNEL
COSTS
EXHIBIT B
REGIONAL HOUSING TRUST FUND RHTF
RHTF Funds disbursed accordingly once operating budget has been
established by City and approved by COUNTY, and official formation
$376,420
of RHTF.
TOTAL CONTRACT SUM
$ 1,074,820
*Changes within line items and/or categories require written authorization from the County
Project Manager. Written authorization may be defined to include letter, email, and fax. A
contract amendment is not required for changes within line items and/or categories.
EXHIBIT B
CITY MATCH COMMITMENT: $237,628
This section only applies to programs funded under Prioritv Area 2.
PERSONNELCOSTS (City Personnel Only)
Position Title
No. of Hours to be worked over
Total Cost to the
the life of contract (#FTE)
City
Baldwin Park Personnel
Community Development Director
$ 50,000
Costs
@$15,000 @$71.48p/hr x 11.5hrs
p/month x18months=$14,796.36
Recreation and Community
Services Director @ $7,600
@$86.85/hr x 4.8hrs p/month x18
mts=$7,503.84
Housing Manager @$14,400,
@52.71 /hr x 15hrs p/month x
18mts=$14,231.70
Housing Specialist @ $13,000.
@$22.47/hr x 32hrs p/month x
18mts $126,165=$12,942.72
City of EI Monte
Housing Manager 278 Hrs. @
$ 28,851
($42.90 FTE) =$11,964;
Administrative Technician, 968 Hrs.
@ ($17.45 FTE) = $16,887
City of South EI Monte
Deputy City Manager 262 hrs. @
$ 32,612
($75.00 per hr. FTE= $19,657; and
Community Services Executive,
308 Hrs. @ ($42.26 per hr. FTE)
=$12,955
SUBTOTAL (City Personnel Only)
$ 111,463
NON - PERSONNEL COSTS
City Match Commitment to Program Services being performed
$ 14,976
by intern/volunteers (32hrs/month x 18months=576hrs) valued at
$26/p/hr =$14,976.
Baldwin Park
$ 40,093
Office Space $2.50 sq.ft @585sq.ft. = $1,462
x18months=$26,325
Meeting Room $42 p/hr @8hrs per month= $6,048
Janitorial $50 x 18 months= $900
EXHIBIT B
Utilities $50 x 18 months= $900
Internet $40 x 18 months= $720
Computer $550
Furniture $600
IT Services $45 p/hr @ 5hrs/month=$4,050
Total: $40,093
EI Monte
$ 35,548
Office Space $2.20 sq.ft @550 sq.ft. _ $1,210
x18months=$21,780
Meeting Room $42 p/hr @8hrs per month= $6,048
Janitorial $50 x 18 months= $900
Utilities $50 x 18 months= $900
Internet $40 x 18 months= $720
Computer $550
Furniture $600
IT Services $45 p/hr @ 5hrs/month=$4,050.
Total= 35,548.00
South EI Monte
$ 35,548
Office Space $2.20 sq.ft @550 sq.ft. _ $1,210
x18months=$21,780
Meeting Room $42 p/hr @8hrs per month= $6,048
Janitorial $50 x 18 months= $900
Utilities $50 x 18 months= $900
Internet $40 x 18 months= $720
Computer $550
Furniture $600
IT Services $45 p/hr @ 5hrs/month=$4,050
Total: $35,548
Note* City Match Commitment to Program Services being
performed by subcontracted providers @$40,000 (can be an
additional match should it be deemed eligible, totaling city match
to $75,548 and overall cohort match $277,628
SUBTOTAL (NON- PERSONNEL COSTS)
$126,165
TOTAL CITY COMMITMENT
$237,628
��0�i
City of Baldwin Park
Contractor Name
14403 E Pacific |d iPark,
Address
95-6005574
Internal Revenue Service Employer Identification Number
In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor,
supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates,
subsidiaries, or holding companies are and will be treated equally by the firm without regard to
or because of race, religion, ancestry, national origin, or sex and in compliance with all anti-
discrimination laws of the United States of America and the State of California.
1. The Contractor has a written policy statement prohibiting Yes El No
discrimination in all phases of employment. i
2. The Contractor periodically conducts oself analysis Yes El No[]
or utilization analysis of its work force.
3. The Contractor has a system for determining if Yee in No []
its employment practices are discriminatory
against protected groups.
4` Where problem areas are identified inemploymen1 YeaDO No
practices, the Contractor has asystem for taking
reasonable corrective action, toinclude
establishment of goals or timetables.
Exhibit D
COUNTY'S ADMINISTRATION
CONTRACT NO. AO -20-610
COUNTY PROJECT DIRECTOR:
Name:
Title:
Address:
Telephone:
Jerry Ramirez
Manager, CEO
500 West Temple Street, Room 493
LA CA 90012
Facsimile:
E -Mail Address:
COUNTY PROJECT MANAGER:
Name: Leticia Colchado
Title: Principle Analyst
Address: 500 West Temple Street, Room 493
Los Angeles, CA 90012
Telephone: Facsimile:
E -Mail Address: Icolchado(a)-ceo.lacountygov
COUNTY CONTRACT PROJECT MONITOR:
Name:
Title:
Address:
Telephone: Facsimile:
E -Mail Address:
EXHIBIT E
CONTRACTOR'S ADMINISTRATION
CONTRACTOR'S NAME Citv of Baldwin Park
CONTRACT NO: AO -20-610
CONTRACTOR'S PROJECT MANAGER:
Name: Manuel Carrilo Jr.
Title: Director of Recreation and Communitv Services
Address: 4100 Baldwin Park Blvd.
Baldwin Park. CA 91706
Telephone: (626) 813-5247
Facsimile: (626) 814-2998
E -Mail Address: mcarriIlo(cD_baldwinpark. com
CONTRACTOR'S AUTHORIZED OFFICIAL(S)
Name: Manuel Lozano
Title: Mavor
Address: 14403 E. Pacific Ave.
Baldwin Park. CA 91706
Telephone: (626) 813-5201
Facsimile: (626) 962-2625
E -Mail Address: mlozano(aD-baldwinpark. com
Notices to Contractor shall be sent to the following:
Name: Manuel Carrilo Jr.
Title: Director of Recreation and Community Services
Address: 4100 Baldwin Park Blvd.
Baldwin Park CA 91706
Telephone: (626) 813-5247
Facsimile: 626 814-2998
E -Mail Address: mcarriIlo anbaldwinpark.com
EXHIBIT F
CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
(Note: This certification is to be executed and returned to County with Contractor's executed Contract.
Work cannot begin on the Contract until County receives this executed document.)
CONTRACTOR NAME: City of Baldwin Park Contract No. AO -20-610
GENERAL INFORMATION:
The Contractor referenced above has entered into a contract with the County of Los Angeles to provide
certain services to the County. The County requires the Corporation to sign this Contractor
Acknowledgement and Confidentiality Agreement.
CONTRACTOR ACKNOWLEDGEMENT:
Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and
independent contractors (Contractor's Staff) that will provide services in the above referenced agreement are
Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely
exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of
Contractor's Staff's performance of work under the above -referenced contract.
Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles
for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or
benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above -
referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or
benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the
County of Los Angeles.
CONFIDENTIALITY AGREEMENT:
Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of
Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and
information pertaining to persons and/or entities receiving services from the County. In addition, Contractor
and Contractor's Staff may also have access to proprietary information supplied by other vendors doing
business with the County of Los Angeles. The County has a legal obligation to protect all such confidential
data and information in its possession, especially data and information concerning health, criminal, and
welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County
work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such
data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of
work to be provided by Contractor's Staff for the County.
Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any
data or information obtained while performing work pursuant to the above -referenced contract between
Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests
for the release of any data or information received to County's Project Manager.
Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records
and all data and information pertaining to persons and/or entities receiving services from the County, design
concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other
original materials produced, created, or provided to Contractor and Contractor's Staff under the above -
referenced contract. Contractor and Contractor's Staff agree to protect these confidential materials against
disclosure to other than Contractor or County employees who have a need to know the information.
Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is
7*R9.T--1W1
•" - . 0.1 - 11 • A 1 11 . 1 •
provided to me during this •• Contractor and Contractor's Staff shall keep such information
confidential.
Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and
Contractor's Staff to civil and/or criminal action and that the County •.' • Angeles may seek all possible
'• -•
I agree that all materials, documents, software programs and documentation, written designs, plans, diagrams,
reports, software development tools and aids, diagnostic aids, computer processable media, source codes,
•• codes, conversion • training documentation and aids, and • information and/or ;i• •i all types,
developed or acquired • me in whole • in •. pursuant to the .•r referenced contract, and all works
based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In this
connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and
interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, pateni
rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I
agree to promptly execute and •- to •:: all •.i-: instruments, and • is• requested •.
the County, and to promptly perform all other acts requested by the County to carry out the terms of this
agreement, including, but not limited to, executing an assignment and transfer of copyright in a form
substantially similar to Exhibit M 1, attached hereto and incorporated herein by reference.
IRI ROOM MIA
I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the
County of Los Angeles #)ay seek all possible legal redress.
SIGNATURE: DATE:
PRINTED NAME, Manuel Lozano
POSITION:- ---Mayor
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.010 Findings.
EXHIBIT G
The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full-
time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or
are reducing or even eliminating compensation to employees who serve on juries. This creates a potential
financial hardship for employees who do not receive their pay when called to jury service, and those
employees often seek to be excused from having to serve. Although changes in the court rules make it more
difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused
on this basis, especially from longer trials. This reduces the number of potential jurors and increases the
burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time
employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is
appropriate to require that the businesses with which the county contracts possess reasonable jury service
policies. (Ord. 2002-0015 § 1 (part), 2002)
2.203.020 Definitions.
The following definitions shall be applicable to this chapter:
A. "Contractor" means a person, partnership, corporation or other entity which has a contract with the
county or a subcontract with a county contractor and has received or will receive an aggregate sum
of $50,000 or more in any 12 -month period under one or more such contracts or subcontracts.
B. "Employee" means any California resident who is a full-time employee of a contractor under the laws
of California.
C. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the
county but does not include:
1. A contract where the board finds that special circumstances exist that justify a waiver of the
requirements of this chapter; or
2. A contract where federal or state law or a condition of a federal or state program mandates the
use of a particular contractor; or
3. A purchase made through a state or federal contract; or
4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor,
or reseller, and must match and inter -member with existing supplies, equipment or systems
-maintained by the county pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section P-3700 or a successor provision; or
5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual,
Section 4.4.0 or a successor provision; or
6. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section P-2810 or a successor provision; or
7. A non -agreement purchase with a value of less than $5,000 pursuant to the Los Angeles
County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision;
or
EXHIBIT G
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and
Procedures Manual, Section PP -1100 or a successor provision.
D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if:
The lesser number is a recognized industry standard as determined by the chief administrative
officer, or
2. The contractor has a long-standing practice that defines the lesser number of hours as full
time.
E. "County" means the county of Los Angeles or any public entities for which the board of supervisors is
the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.030 Applicability.
This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This
chapter shall also apply to contractors with existing contracts which are extended into option years that
commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall
be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter
would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002)
2.203.040 Contractor Jury Service Policy.
A contractor shall have and adhere to a written policy that provides that its employees shall receive from the
contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may
provide that employees deposit any fees received for such jury service with the contractor or that the
contractor deduct from the employees' regular pay the fees received for jury service. (Ord. 2002-0015 § 1
(part), 2002)
2.203.050 Other Provisions.
A. Administration. The chief administrative officer shall be responsible for the administration of this
chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations
of the provisions of this chapter and shall issue written instructions on the implementation and
ongoing administration of this chapter. Such instructions may provide for the delegation of functions
to other county departments.
B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county
that it has and adheres to a policy consistent with this chapter or will have and adhere to such a
policy prior to award of the contract. (Ord. 2002-0015 § 1 (part), 2002)
2.203.060 Enforcement and Remedies.
For a contractor's violation of any provision of this chapter, the county department head responsible for
administering the contract may do one or more of the following:
1. Recommend to the board of supervisors the termination of the contract; and/or,
2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)
Title 2 ADMINISTRATION
Chapter 2.203.010 through 2.203.090
CONTRACTOR EMPLOYEE JURY SERVICE
2.203.070. Exceptions.
EXHIBIT G
A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in
a manner inconsistent with the laws of the United States or California.
B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining
agreement that expressly so provides.
C. Small Business. This chapter shall not be applied to any contractor that meets all of the following:
1. Has ten or fewer employees during the contract period; and,
2. Has annual gross revenues in the preceding twelve months which, if added to the annual
amount of the contract awarded, are less than $500,000; and,
3. Is not an affiliate or subsidiary of a business dominant in its field of operation.
"Dominant in its field of operation" means having more than ten employees and annual gross revenues in the
preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000.
"Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20
percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority
stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part),
2002)
2.203.090. Severability.
If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions
i shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002) e
EXHIBIT H
SAFELY SURRENDERED BABY LAW
EXHIBIT H
How does it work?
A distressq:d parent who is unable iwt
unwiffing to cart for a ba6),1 can Icgofly,
confidentrafly, and safely surrendcr a
baba withni three day. ;72 liounO of
birth. The haby must be handed to, an
Co1Ph>VCC at a hvvirital or FrTC station in
I sus tic gdes Coi trro'. As long :o the
baby 4sows no sign of abunc (n negtect,
1n) narne or other information i,s
required. In ;:aw the parent change, ho
or her mind at a later date and wants the
baby back, staff will use braccicts tea help
connect them to each other, One
bracelet will he placid on the baby, and
a marching bracclirr wifl be given to the
parent or other surrendcring 2duh,
What it a parent wants
the baby back?
P,,rrcr, ts who change their minds ca n
lw,gin the prorass of reclainsing their
balcy within 14 clay's, These parents
should call the Las Angeles County
Department of Children and Famity
Services at 1-800-540-40W
Can only a parent
bring in the baby?
No. Whilc in most sacs a parent will
bring in the baby, the Lary spoors other
people to bring in the lvaby if they have
lawfut custaid1v
Does the parent or surrendering
adult have to call before
bringing in the baby?
Noj� parent or surrendering adult can
bring in a babyanytinae, 24 bouts a day,
7 chess a svck, as tong as the parent or
surrcridering aduh eurrerixIcn- dec baby
to a(trisconc who works at the hospical
or fire station.
Does the parent or surrendering
adult have to tell anything to
the people tiking the baby?
No, Haorier, lrnpitai or Ciro station
fersonroll willask thc smarndering party
to fill aut a questionnaire dcsigncd to
Saber 4nportanr mcclical liksory
inCortnation, cvhicb n tiers, tawful in
,:aring for the baby, The citics6onnairc
induAce .1 starrip"i return cm,"topc and
can be scot in at i later time,
What happens to the baby?
The leaby� will be examined and given
nic4ical zmatnuntr, U n release friam
the hospital, social workers ininiceliarcly
place, flic baby in asak and losing horns
and begin the adoption process,
Whai happens to the parent
or surrendering adult?
(,,)ncc the parent or surrendering
adult surrenders the 6AkV U) 11011utlt
or f4c station persontreL they may
icave at any time,
Why is California doing this?
The purpoec of the Safely Surrendered
Baby Laav is to protcct balks from
being abandoned, hurt or killed by their
parents. You may have heart! tragic
stories of babies left in dumpoicio, or
pulstic: bathroorns, Their lonvists air ay
have been under severe emotional
distress. 'no, mothers may have hiddcn
their pregnancies, fearful of what wssukl
haplects if choir families found ous,
Because dicv were afraid and had no
oric or ranvitcre to turn far help,:they
ab,vidoned dicir babies, Abanccharring a
baby is illegal and pfaacs the baby in
extreme danger. 'Teo often, it rrsuks in
dic babve death, The Safely
Sus rierilred Baby Law prevents this
tragody From ever happening agam in
California,
IWARM-11fill
EXHIBIT H
jUmo tarn i n
s necesario que el padre/
Fl padre/madre con difsc ultades clue no
madre o adulto digg, slg las
pueda o no quicra cuidar de su reci6n
personas que. r cibe 1 al bebO?
nacido puede entregarlo an forma legal,
No. Sin embargo, el personal del hospital o
conlidencial psegura dentro de Jos'tres dfas
cuArt l de bomberos le } edira a la persona
(72 lloras) del narcimiento El Ixb@ deLv ser
que tintregueal bekx cline Ilene un
entregado a un empleado de cuatquier
cuestionario con la finaliclad de recabar
hospiud o cuartel de bombcres del Condado
antecedentes mzdicos importantes; que
de Los �'�Ligdcs. Sicnipra que el babe no
resulta, de gran utilidad para cuidar biers
presente signos de abuso o ncgligriicia, to
(let bebe. El cnestiohtirio inchrye tih sobre
seri necesario atuninistrar nombres ni
con at sello postal pagado para etviarlo en
informacidn zdguna Si el padrehmuia
otro momenta.
cambia de opini6n p7stenormente y desea
re<uperar a su lx -b, los trabajadores
jQu6 paisard corn ell bebd?
utilizman bramletes para poder vincularlos.
EI hebe serd examinado v le brindarin
Et bebC llevari un biacatcte y d
atencion medica. Cuando le den el alra del
padrelmadie oel adult} que to entleguc
hospital, los traba)adores sociales
recibira un btazalete igual.
imnediatamentc ubicatan at bebc an un
ho ar seguro donde estarsi bier alandido; y
jQu6 paasai l el p reimdre
se com nzani d proceso de adopcifin.
dews recuperar a`i su I ebb
Los padres que cambien de opinion
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-1 3
Company Name: City of Baldwin Park
Company Address, 14403 E. Pacific Avenue, Baldwin Park, CA 91706
City: Baldwin Park State'. CA Zip Code- 91706
Telephone Number'. (626)813-5201 Email address: miozano@baldwinpark.com
Solicitation/Contract for Cities Homeless Plans Implementatio Services
PROPOSER/CONTRACTOR CERTIFICATION
The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy
in an effort to remove job barriers for individuals with criminal records. The policy requires
businesses that contract with the County to comply with fair chance employment hiring
practices set forth in California Government Code Section 12952, Employment
Discrimination: Conviction History (California Government Code Section 12952), effective
January 1, 2018.
Proposer/Contractor acknowledges and certifies compliance with fair chance employment
hiring practices set forth in California Government Code Section 12952 and agrees that
propose r/contractor and staff performing work under the Contract will be in compliance.
Proposer/Contractor further acknowledges that noncompliance with fair chance
employment practices set forth in California Government Code Section 12952 may result
in rejection of any proposal, or termination of any resultant Contract, at the sole judgment
of the County.
d Std GBIEL
�i�kLLEY _, n
TO:
FROM:
BY -A!14
ITEM NO. 7
Honorable Mayor and Members of the City Council
Sam Gutierrez, Director of Public Works
January 20, 2021
SUBJECT: Award of Bid for City Project No. CIP20-131 — Landscape
Improvements Project at Ramona Boulevard CNG Station Site
SUMMARY
This item will authorize the award of contract for the Landscape Improvements Project at Ramona
Boulevard CNG station site at the corner of Ramona Boulevard and Badillo Street, City Project No's
CIP20-131. The project work consists of the installation of landscape, hardscape and irrigation at the
corner of Ramona Boulevard and Badillo Street. The Project will include removal of existing landscaping
and irrigation, planting new trees and shrubs, construction of decomposed granite pathways, river rock
dry stream beds, cobble rock set in concrete, boulders, installation of new irrigation systems and all
appurtenant work per the plans and specifications.
RECOMMENDATION
It is Staff's recommendation that the City Council:
1. Approve and award the contract to Martinez Landscape Co., Inc. of Sylmar, CA in the amount
of $108,347.30; and
2. Authorize the Mayor and City Clerk to execute the contract for the Landscape Improvements
Project at Ramona Boulevard CNG Station Site.
FISCAL IMPACT
There is no impact the General Fund. The following table lists the funds available for the project which
is listed in FY2020-21 Capital Improvement Program approved by the City Council on July 15, 2020.
CIP 20-131 Street Lighting and Landscape — Fund #251-50-520-58100- $148,960.00
15095
Total Funding Source $148,960.00
r ?3NINE)`? ? ? ? ? ? ? ? ? ? 12
2��4�y ������42y ������42y ������42y ������42y ������42y ������42y ������42yV 11
Construction Contract $108,347.30
Construction Contingency 20% $21,669.46
Total Construction Budget $130,016.76
BACKGROUND
On November 4, 2015, the City of Baldwin Park adopted Ordinance No. 1379 adding language of the
City's Municipal Code relating to water efficient landscaping consistent to meet the State's mandate to
regulate water efficient landscaping and irrigation systems in accordance with AB 1881, adopted in
2009.
As the construction of the CNG station near completion and ready to be operational, the aesthetics will
play a large part of the success of the project which builds upon the landscaping design elements
already in place in the various center medians along major corridors. While the reduction in water use
is an important component of this work, it is important that the landscape design create a sense of place
and establish a brand for the City of Baldwin Park. The designs should also inspire the community to
remove turf and replace it with low water/low maintenance landscaping.
The goal of the project is to create a distinctive landscape at the Ramona Boulevard CNG station site
and to be recognized as a community of a well-planned and aesthetically pleasing physical
environment. The project will construct landscape enhancements including but not limited to removal
of existing landscaping and irrigation, planting new trees and shrubs, construction of decomposed
granite pathways, river rock dry stream beds, cobble rock set in concrete, accent boulders, installation
of new irrigation systems and all appurtenant work per the plans and specifications.
DISCUSSION
On December 16, 2020, a total of two (2) bids were received and publicly opened. During the bid
opening, the apparent lowest bid Martinez Landscape Co., Inc. of Sylmar, CA had a total base bid of
$108,347.30. The following is a summary of confirmed total base bids received.
l
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�'"ZS . t �£ �t S�i���''��.'; 1����%// ������t\tt �����i����� �> �t��.s�j�},. �� 11�`t���S}�?i�\.�`2����11 •.�����Z\L}'\�l��l .� otM i. � �\��} �i .��{,
1 Martinez Landscape Co., Inc. S Imar, CA $108,347.30
2 Aramexx Construction, Inc. Riverside, CA $201,689.50
The lowest responsive and responsible bid was from Martinez Landscape Co., Inc. of Sylmar, CA. Staff
has checked and verified references and recommends that the City Council move forward with the
award of contract in the amount of $108,347.30. If awarded, the construction work is estimated to start
in early February 2021 and be completed by April 2021.
ALTERNATIVES
1. City Council may elect not to award a contract to Mariposa Landscapes Inc and direct staff to
commence contract negotiations with the second qualified proposer.
2. The City Council may direct staff to amend the contract to contain for cause or funding only
requirement for termination of the contract. Staff does not recommend this as it's in the Cities
best interest to retain the contract as an at -will status wherein the contract can be terminated
for any reason with a 30 day notice. This is typical for City contracts, historically contractors
accept the language and the risk, the practice is in the best interest of the City.
3. City Council may direct staff with a desired alternative.
ENVIRONMENTAL REVIEW
The subject Landscape Improvements Project at Ramona Boulevard CNG station site at the corner of
Ramona Boulevard and Badillo Street 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.
LEGAL REVIEW
None Required
ATTACHMENTS
1. Location Map
CNG Landscape Project
ITEM NO. 8
TO: Honorable Mayor and Members of the City Council
u;O <<< �, FROM: Sam Gutierrez, Director of Public Works
THE
....�.. DATE: January 20, 2021
SAN, GA BRIEL
1i'ALLEY �� SUBJECT: Award of Contract for Landscape Maintenance Services to
Mariposa Landscapes Inc. for Routine Maintenance of Center
Medians Along Various Major City Corridors
SUMMARY
This report seeks City Council's approval to award a maintenance contract to Mariposa Landscapes
Inc. to provide regular landscape services at selected areas within City's public right-of-way.
Maintenance responsibilities will include maintenance of medians, parkways, and slopes. The contract
period will be for three (3) years with the option, at the City's sole discretion, to award up to two (2),
one (1) year contract extensions upon successful demonstration of exemplary contract performance.
The purpose of this maintenance contract is to provide the City of Baldwin Park with the best possible
landscape care along various major corridors in order to maintain the City at a level expected by the
City's residents, City Council, City Staff, and visitors of the community.
RECOMMENDATION
It is recommended that the City Council:
1. Approve and award a maintenance services contract with Mariposa Landscapes, Inc. in an
amount not -to -exceed $100,000; and
2. Authorize the Mayor and City clerk to execute the contract with Mariposa Landscapes, Inc,
for landscape maintenance services; and
3. Authorize the Director of Finance and Director of Public Works to make the necessary budget
adjustments for the new landscape maintenance services.
FISCAL IMPACT
There is an estimated annual savings of $88,000 in the General Fund and other Special Revenue
Funds. The costs for services will be funded from Fund 251, Lighting and Landscape Maintenance
District (LLMD) in an amount not -to -exceed $100,000 annually.
BACKGROUND
The City of Baldwin Park's Maintenance Division within the Department of Public Works is responsible
for the maintenance and operations of the City's infrastructure. The Maintenance Division is comprised
of Fleet, Street/Landscape, Graffiti, Traffic/Lighting and Park maintenance and operations crews. In
terms of landscape maintenance, the street landscape and park maintenance crews currently maintain
five (5) parks with approximately seven (7) developed acres and approximately 3.2 miles of landscaped
center medians along major corridors throughout the City. These areas include maintenance of various
smart irrigation systems that support the landscape features. In addition to this, the street landscape
crew also maintains 1.6 acres of landscape and irrigation of parkway areas within the City's downtown
along Ramona Blvd., Maine Ave., Bogart Ave., and the Baldwin Park Transit Station.
Award of Contract for Landscape Maintenance
Services to Mariposa Landscapes Inc.
DISCUSSION
Over the past five years, new roadway and landscape improvements projects have been constructed.
These projects constructed new landscaped infrastructure that will require ongoing maintenance:
In 2016 the City's Center Median Improvements Project removed all the existing turf and irrigation
systems and installed all-new drought -tolerant landscapes and sophisticated smart irrigation systems
along Badillo Street, Baldwin Park Boulevard, Amar Road and Ramona Boulevard. While the project
implemented measures to reduce the amount of water use considerably, it increased the maintenance
and operations requirements significantly.
In 2018 the City completed the Maine Avenue Complete Streets Project Phase 1A between Los
Angeles Street and Olive Street which installed many landscape features in newly constructed bulb -
outs and widened sidewalks. The project is now complete and has been turned over to maintenance
operations. Also, in 2018, the City completed the Tree Planting Project with the installation of over 200
trees along Maine Avenue between Pacific Avenue and Francisquito Avenue.
In February 2020, the City commenced construction of the Maine Avenue Complete Streets Project
Phase 1 B, between Olive Street and Arrow Highway. Similar to Phase 1A, this project installed many
landscape features in newly constructed bulb -outs and widened sidewalks. This project has also been
completed and has been turned over to maintenance operations.
In May 2020, The City commenced construction of Maine and Pacific Avenues Complete Streets
Project, Phase 2, between Los Angeles Street and the South City limit. When completed, the project
will have installed parkway landscaped features such as rain gardens, landscaped bulb -outs and
widened sidewalks.
More recently, on September 2, 2020, a new Freeway Maintenance agreement between the City of
Baldwin Park and Caltrans was approved by City Council. The agreement calls for the maintenance of
any landscape and other types of roadside development lying outside of the fenced right-of-way area
reserved for exclusive freeway use including the landscaped slopes along the Puente Avenue
underpass.
The City's Downtown Beautification Project is scheduled to commence construction in October 2020.
The project will include landscape and streetscape elements and new infrastructure including, but not
limited to, drought tolerant landscape within the parkway, construction entry monument signs in various
center medians and installation of wayfinding signs at various locations.
Projects currently in development include the San Gabriel Commuter Bikeway, Walnut Creek Bikeway
Greening and the Big Dalton Wash Trail project and all include installation of new landscaping and
irrigation infrastructure.
Current staff levels are finding it difficult to balance these recently added maintenance duties with the
existing and daily routine work. The street landscape crew, in addition to performing routine street
landscape maintenance, is also responsible for bulky item pickups and general street maintenance and
repairs. With all of the new and soon to be constructed infrastructure, there is expected to be a
significant increase in the demand for landscape and irrigation maintenance above -and -beyond current
levels. To address this expected increase, Staff has determined that it is necessary to seek professional
services to offset routine landscape maintenance of key center medians along various corridors. These
services will help to offset the load allowing the crew to focus on other duties such as bulky item pickups.
Award of Contract for Landscape Maintenance
Services to Mariposa Landscapes Inc.
On September 16, 2020, the City Council authorized staff to publish a Request for Proposals (RFP) for
professional landscape services. On October 14, 2020, two (2) proposals were received. The proposals
were reviewed and evaluated based on 1) general responsiveness to the City's RFP, 2) staff and firm
experience with projects in similar size and scope, 3) approach/methodology, 4) level of effort, 5) ability
to meet the City's schedule and expectations, and 6) references.
The table below lists the proposed fees from these professional Landscape Contractors:
Consultant I Total Landscape Maintenance Service Fees
Mariposa Landscapes Inc $ 100,000.00
North Star Landscape $ 133,091.00
In consideration of the six (6) criteria mentioned above, staff concurred that the best qualified firm for
this project is Mariposa Landscapes Inc. Mariposa submitted a complete and thorough proposal for
landscape maintenance, including detailed information pertaining to their integrity, quality, efficiency,
and approach. The proposal clearly identified their plan of action and strategies which have been
tailored specifically for this proposal based on the City's needs. Currently, the City of Baldwin Park
Department of Public Works uses Mariposa Landscape to assist with small as -needed irrigation repair,
irrigation installation, and/ or landscape clean-ups. Their maintenance team has been reliable and
responsive to the City's needs and consistently provided a high level of quality and dedication to every
project awarded to them in the past. Mariposa Landscapes Inc. is considered a local company located
just outside Baldwin Park City boundaries and employing several Baldwin Park residents in its labor
force. The proposed field staff is comprised of approximately 28% of Baldwin Park residents. Staff
recommends that the City Council approve the award of contract to Mariposa Landscapes, Inc.
ALTERNATIVES
The alternatives are as follows:
City Council may elect not to award a contract to Mariposa Landscapes Inc and direct staff to
commence contract negotiations with the second qualified proposer.
2. The City Council may direct staff to amend the contract to contain for cause or funding only
requirement for termination of the contract. Staff does not recommend this as it's in the City's
best interest to retain the contract as an At - Will status wherein the contract can be terminated
for any reason with a 30 -day notice. This is typical for City contracts, historically contractors
accept the language and the risk, the practice is in the best interest of the City.
3. City Council may direct staff with a desired alternative.
LEGAL REVIEW
The Professional Services Agreement has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. Professional Services Agreement with Mariposa Landscapes, Inc.
2. Exhibit A — Scope of Services
3. Exhibit B — Schedule of Compensation
4. Exhibit C — Schedule of Performance
Mariposa Landscapes, Inc.
Service Provider Services Agreement Page 1 of 5
TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 201h day of January 2021 by and
between the City of Baldwin Park, ("City"), and Mariposa Landscapes, Inc. ("Service
Provider").
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 Service Provider agree as follows:
1. SCOPE OF SERVICES. Service Provider agrees to perform during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached
to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be
extended on a month-to-month basis but shall not exceed the total compensation.
2 COMPENSATION. City shall pay for the services performed by Service Provider
pursuant to the terms of this Agreement shall not exceed the amount of $100,000.00 annually at
the time and manner set forth in the "Schedule of Compensation" and attached to and
incorporated into this Agreement as Exhibit "B."
a TIME FOR PERFORMANCE. Service Provider shall perform the services above
described in a timely manner in accordance with the professional standard practices and the
provisions of this agreement. This Agreement is effective as of the Commencement Date and
shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16
herein:
A. Commencement Date: January 20, 2021
B. Expiration Date: January 20, 2024
C. Upon mutual agreement by the parties, this agreement may be extended for an
additional two (2) one-year terms.
4. AUDIT OR EXAMINATION. Service Provider 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 SERVICE PROVIDER. Service Provider 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, Service
Provider shall be deemed, for all purposes, an independent contractor and shall have control of
all work and the manner in which it is performed. Service Provider shall be free to contract for
similar services to be performed for other entities while under contract with City. Service
Provider 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. Service Provider
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 Service Provider
as set forth herein. Any attempt by Service Provider to assign the benefits or burdens of this
Agreement without written approval of City is prohibited and shall be null and void; except that
Service Provider may assign payments due under this Agreement to a financial institution
Mariposa Landscapes, Inc.
Service Provider Services Agreement Page 2 of
7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided herein.
a 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. Service Provider 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. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. LIABILITY. Service Provider 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 Service Providers' negligent performance, or the negligent performance of its
agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of
Service Provider, 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. Service Provider 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 Service
Providers' 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, peroccurrence; and
(2) Property Damage —$1,000,000, single limit, per occurrence; or
(3) Combined single limits - $2,000,000.
(C) Professional Liability Insurance with annual aggregates of $1,000,000 or
such other amount as may be approved in writing by the City.
(D) Worker's Compensation Insurance that complies with the minimum statutory
requirements of the State of California.
(E) Prior to commencement of services hereunder, Service Providershall 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);
Mariposa Landscapes, Inc.
Service Provider Services Agreement Page 3 of 5
(2) The coverage provided shall be primary (with the exception of
Professional Liability and Worker's Compensation) as respects to
City, its officials, officers, agents or employees; moreover, any
insurance or self-insurance maintained by City or its of6aals, officers,
agents or employees shall be in excess of Service Providers'
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 elective.
(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 Service Provider for City, and the insurer's
agreement in this regard shall be rejected 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 Service Provider in
performance of this Agreement. Such work product shall be transmitted to City within ten (10)
days after a written request therefore. Service Provider may retain copies of such products.
Any re -use by City shall be at the sole risk of City and without liability to Service Provider.
12 RECORDS AND INSPECTIONS. Service Provider 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. Service Provider shall maintain an up-to-date list of key personnel
and telephone numbers for emergency contact after normal business hours.
13 TAXPAYER IDENTIFICATION NUMBER. Service Provider shall provide City
with a complete Request forTaxpayer Identification Numberand Certification, Form W-9, as
issued by the Internal Revenue Service.
14. CONFLICT OF INTEREST. Service Provider agrees that any conflict or potential
conflict of interest shall be fully disclosed prior to execution of contract and Service Provider
shall comply with all applicable federal, state and county laws and regulations governing conflict
of interest.
15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Service Provider 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 partof this Agreement.
16. RIGHT TO TERMINATE. City may terminate this Agreement at anytime, with or
without cause, in its sole discretion, with thirty (30)days written notice.
Mariposa Landscapes, Inc.
Service Provider Services Agreement Page 4 of 5
17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph °16"of
this Agreement, City shall be liable to Service Provider only for work performed by Service
Provideruptoand including the date of termination ofthisAgreement, unless the termination is
for cause, in which event Service Provider need be compensated only to the extent required by
law. Service Provider 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 closeout billing.
18. LITIGATION FEES. Should litigation arise out of this Agreement for the
pe6ormance 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
couL 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 tern and each provision of this
Agreement to be performed byService Provider shall be construed to be both a covenant and a
condition.
20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between the City and Service Provider. No verbal agreement or implied covenant shall be held
to vary &e 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 Service Provider Representative (A)
designated below shall be responsible for job performance, negotiations, contractual matters,
and coordination with the City. The Cig Representative (B) designated below shall act on the
City's behalf as Project Manager.
(A) Mariposa Landscapes, Inc.
Att.: Terry Noriega, President
6232 Santo Diaz St.
Irwindale, CA 91702
(626) 960-0196
(B) City of Baldwin Park
Att.: Sam Gutierrez, Director of Public Works
14403 East Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 ext. 460
Mariposa Landscapes, Inc.
Service Provider Services Agreement Page 5 of 5
23 NOTICES, Notices pursuant to this Agreement shall be in writing and may be given
by personal delivery or by mail. Notices shall be directed to City's Designated Representative
identified in Paragraph "21" of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
CITY OF BALDWIN PARK
Emmanuel J. Estrada, Mayor
Dated:
CONSULTANT:
Mariposa Landscapes, Inc.
Terry Noriega, President
s. 0
m A R I P 0 S A
L D S C A P E S I
Request for Proposal
Landscape Maintenance Services
The undersigned as proposer declares that he has carefully examined each location of
the proposed work, that he has examined the Specifications and read the accompanying
instructions to proposers, and hereby proposes and agrees, if the proposal is accepted,
to furnish all labor and equipment and do all work required by Specifications and
Agreement.
Name of Company, Mariposa Landscapes, Inc.
Address: 6232 Santos Diaz St., Irwindale, CA 91702
Phone/fax: Phone: (626) 960-0196 Fax: (626) 960-8477
Contact Person: Brandon Park
Years in business: 43 years
10611 VAFa- IRf WHO,$is i:iii
-
I M 1"INNOTIMI1TM WOT,
Terry Noriega, President By: Date: 10/13/2020
Print Signature of Contractor
Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles -Riverside -Orange County, California,
All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal
month and the same month in the subsequent year. (March -March comparison).
The Contractor shall submit its request in writing, to be received by the City in person
via certified mail a minimum of 60 days prior to the proposed adjustment date. I
19
M A
A N
D S C
IMINSIMMIM11113
.01 �i RM,
14403 E. Pacific Ave.
Baldwin Park, CA 91706
I
P 0 A
A P E SI N C
Thank you for the opportunity to submit our proposal. Mariposa Landscapes, Inc. looks forward to ti -p -P
competitive process and hopes to be the successful bidder
We have been in business for over 40 years, providing similar services for other cities and counties. Our
depth of knowledge and level of experience in our management and supervisory personnel is
Our area of i` i': is the entire Southern California region where &m
maintain numerous cities, counties, municipalities, government agencies, and private entities. Pest
Control Advisors, Certified Irrigators, Certified Landscape Techs and Certified Arborists are found
throughout our field employee teams.
Mariposa owns over 90% of all vehicles and equipment used in its operations. Our entire fleet of
any requirements across all business lines.
Furthermore, our proposal includes an adequate level of labor, materials, and equipment to sustain a
high level of landscape maintenance throughout the term of this contract.
We look forward to providing professional landscape maintenance services for the City of Baldwin Park
and its residents, with the best interest in the well-being of the community and its appearance.
- ----- ----
Terry Noriega, Pres)dent
4Q'�a TEL 800 - 794 * 9458 0 FAx 626 * 960 s 8477 - www,mariposa-ca.com
6232 SANTOS DIAZ s -r., IRWINDALE, CA 911702 ® CA CONTRAC-FOR'S LIC # 592268 A, C 27, D-49
Our Core V'riffies — StIfety - Teannuark - Qutility - Tntegri�l
a
Firms Qualifications
Mariposa Landscapes, Inc. is a full-service landscape company with vast experience performing large scale
landscape maintenance similar in size and scope to that requested in this RFP. We understand our client's priorities
and do everything in our power to honor the trust they place in us.
Our reputation can be attributed to our employee training, award winning projects and pleased customers. We
value open, honest communication, ongoing staff training, and new methods and technologies that will help us do
the best job possible. We sufficiently staff contracts with well trained and competent workers as well as technicians
and supervision. Our entire fleet of equipment is less than 5 years old and well maintained by our in-house
mechanics. Very few, if any, of our competitors offer the large capacity mowing equipment that we currently use.
RMORIZATNT10"M 1111,1*1-alIMIRRISi i13
• Landscape Maintenance
• Landscape Installation and Construction
• Tree Trimming and Arbor Care
• Interior Plantscape
Licenses & Certificates
Contractors State License:
592268
C27, A, C61/D49
Qualified Applicators License:
103864
ABCDEFH
Pest Control Adviser License:
Pest Control Business License:
74416
30977
ABCDEG
,TORS
STATE LICECONTRAC NSE BOARD
Irwindale Business License:
000538
ACTIVE UCENSE
Supplier Clearinghouse BE:
94HS0050
692268 -5." CORP
City of Los Angeles BE.
561730
MARIPOSA LANDSCAPES INC
City of Los Angeles LE,
37858
LA County MBE:
43914
crrva C27 A C61ID49 C31 Idebb.
LA Co. Agricultural Pest Control
1000279
W3
Certified Arborist:
WE -1182A
04/30/2022 www.csib.cra.gov
Minority Business Enterprise
MBE Certification, File No. CCA -7150 for the City of Los Angeles, The Women and Minority Business Enterprise
Clearing house has audited and verified our eligibility as an MBE pursuant to the California Public Utilities
Commission General Order 156.
Our Core Values — Safety - Teamwork - Quality - Integrity
Company History
In 1977, Terry Noriega established Mariposa Landscapes in Rosemead, California, by providing landscape
maintenance and installation for custom residential and small commercial clients. After five years, hecreated the
Public Works Maintenance Division, in 1989 the Public Works Construction Division was added, and in 1987, a Tree
[ane Division was formed.
Mariposa Landscapes reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company
changed their business name back to Mariposa Landscapes, Inc. The company currently has a workforce of over
600 in California and Arizona.
* 1977 —The Company is established in Rosemead, California.
0 1982 —The Public Works Maintenance Division is formed.
1984 — The Public Works Construction Division is added.
* 1987 — The Tree Care Division is started.
a 1991 — Relocates to our current facilities in Irwindale, CA.
0 1994 — Expands operations by opening a branch in Fontana, C
0 2001 — Establishes an office in Glendale, Arizona.
a 2003 — Expands into servicing the Ventura County
0 2010 — Branch office established in Orange County
0 2013 — Branch Office established in Palm Springs Area
0 2020 —Over 41 years in Business! I
Mariposa Landscapes, Inc. ~~Over 40 years of Excellence!
FimstPublic Works Landscape Maintenance �
Our Core Values — Safety - Teamwork - Quality - IntegritV
Key Personnel
All
employees receive ongoing training through a detailed training program. The combination of qualified dedicated
management and well-trained workers enables us to provide professional levels of landscape installation and
* 21 years of experience in landscape and construction operations
* Qualified Applicator Certificate: Category B
• Certified Landscape Technician: Irrigation
• Certified Arborist: International Society of Arboriculture: # WE -8713A
• Certification —Effective Business Leadership& Development— PDC/GCC
. uis Valenzuela is the Landscape Maintenance Division Manager for the Southern California region. He will be the
Islerson overlooking the Account Manager. He will also be one of the primary contacts for the City of Baldwin Park.
Public Works, Commercial and Residential work. He brings forth vast experience in all aspects of irrigation:
Luis is responsible for all aspects of project management with an emphasis on safety,high quality work, operational
efficiency and exemplary customer service. He, along with the Account Manager and Filed Supervisor, also
conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the
quality ufwork.
* 24 years of experience in the landscape industry
* Qualified Applicator Certificate: Category B
o Certified Landscape Technician: Irrigation �
• Pest Control Dealer Designated Agent
o Irrigation Certificate from Rain 8inj �
�
Juan DeLaTorre will be thepermonin'chargenespondb|eforprojectnoonagement,communicadonxvbhfuneman, �
field supervisor and primary contact with the City ufBaldwin Park. !
He has over 24 years of work experience conducting and overseeing Public Works,Commercial and Residential
landscape maintenance work. With a vast experience in all aspects of irrigation: maintaining, repairing and
diagnosis
Juan is responsible for all aspects of project management, emphasizing safety, high quality work, operational
efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are
completed and institutes improvements to enhance the quality of work.
Owy Core Values —SQfe4m - Tcamw0rk - Quality = fn
4
� M�
M
Juan De La Torre will be the assigned full-time Superintendent. Juan is capable of communicating with any City
representative and is authorized to act on behalf of Mariposa Landscapes, Inc.
Our Co're Values — Sqf'efy - Temincork - Q-tudil't - lutcglity
5
AgiW=l lbmdenm "A Res
. ... . . . ........
OVer 10 years of experience conducting and overseeing Public Works,
it
Commercial and Resential landscape maintenance work in the
Account Manager
Park and will be responsible for all as� of project management -
Will have a minimum of 10 years of experience in all aspects of
ma intenance operations including carrying out weekly schedules,
e6turnentift communicating work reports and hazardous conditions-
4HI have minimum 8 yearsexperience in all aspects of maintenance
Irrigation Technician
.... ...... .......... ............. . . . . ...
I repairs andwill have experience with CalSense and Rain Bird-
. . ........... . ... MEMNON"
Laborers
Will have minimum 3yearsexperience in all as��of maintenance
operations.
M
Juan De La Torre will be the assigned full-time Superintendent. Juan is capable of communicating with any City
representative and is authorized to act on behalf of Mariposa Landscapes, Inc.
Our Co're Values — Sqf'efy - Temincork - Q-tudil't - lutcglity
5
m
California State Licensed Pest Control Advisor:
WARTM04T OF Pesrictoe RmUL"m
rU6j5j4S1NG[GF-1MFJCAnON
F)CA
#"Iwao "L PEST CONMOL ADVm ot��t
LICENSE#:7"16 EXPIRES: 12/3112021
Categories: ABCDEG Issued: 111=20
TERRY L NORIEGA
6232 SANTOS DIAS ST
IRWINDALE, CA 91702
11mmommill
Im- U-mu-tbaxh� tDwwwPrmmt&rrv* af"Ulroobr� camwwmw upm rqumL
California State Licensed Qualified Applicator License.
Our Core 1,7alues -- Safeky - Tea'rmwork - Qualit - Lnlegrify
y
6
"COOMWMIMMAMON
110P r
Q'AL
MMUMM MMMATOR UMNSE
LICENSE0103BB4 - EXPIMS:
1213112021
00%wiss: ARr-DEFH IBsued;
ifirmo
TERRY L NOMEGA
32'. S DIAS ST
IRWINDALE, C -A91702
Our Core 1,7alues -- Safeky - Tea'rmwork - Qualit - Lnlegrify
y
6
Irrigation Tech:
Mdnuel Rodriguez
J&&4
i
W>
DESIGNATION
s�
InPartneyshipwith
Our Core Values — St�fe - Teamwork - Quali- Integrity
7
We are dedicated to having the best -trained workforce in the industry. As members of the California Landscape
Contractors Association, we participate in the training programs offered by this industry organization. The CLCA
sponsors a rigorous "hands-on" test administered under actual field conditions. With only a 20% first time pass
rate, only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. All the
managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity
in Southern California has achieved these many certifications.
We are members of the following organizations:
• CACM (California Association of Community Managers)
• CAI Orange County (Community Association Institute)
CAI Los Angeles (Community Associations Institute)
CAI Greater Inland Empire (Community Association Institut
CAI Coachella Valley (Community Association Institute)
ASA (American Subcontractors Association)
BIA Southern California (Building Industry Association)
BIA Orange County (Building Industry Association)
BOMA IE (Building Owners and Managers Association)
CLCA (California Landscape Contractors Association)
ISA (International Society of Arboriculture)
CAPCA (California Association of Pest Control Advisors)
Licensing and Certifications
^• California Contractor License 592268C27,A,[G1/D4g C31
w Certified Arburistsunstaff
°° Certified Tree Workers onstaff
w° TreeVVork—UneOearanceCertdied
• Tree VVork— Line Clearance Certified Instructor
• Certified Playground Equipment Inspectors
• Certified Water Auditor
• Certified Backflow Inspectors
• Licensed Pest Control Company/Pest Control Advisor
• Certified Pest Control Applicators onstaff
'
BUSINESS PARTNER
communit
/
"^^==~~. .......~'
Our Core Values Sqfety - Teamwork - Quality -1ntegrity
a
We know how crunJall our work is to the success of your site am catkt�a�
property- We understand your priorities and do everything td�i�tle"atgzhd
in e-urpower to honor the trust you place in us- dogr"tu� I
The investment vie.ma L -e in
thoroughly training our
employees translates to work
Tiat mea;w--s yiyr Xropzwty — a
you — look good. I
---CrP( OF BURBANK
Our Core Values — Safety - Teamwork - Quality - Integrihj
9
Helping you use your resources
Maintdin an auraalve landscape with le!;s water.
recommendations
Is V" --%WW . 11
problems, saving ym water and money -
Bringing your vision to fife
we coordinate our vast array of
Pn7irik JIWIM
depth knowledge and, high
standards of prafessionarism are
applied to every level orf work
a
WEE��
Our Core Values — Saf ty - Teatnwork - Quaht y - Integrity
10
a
Mariposa Landscapes, Inc. is a landscape contractor with over 40 years' experience. With over 400
employees we have established hundreds of satisfied clients both in the public and private sectors.
Amongst our field employee teams you will find Pest Control Advisors, Certified Irrigators, Certified
Landscape Technicians and Certified Arborists.
We are a full-service landscape company, with both Construction, complete Tree Service Operations, and
Interior Plant Maintenance Divisions. In addition to the required C-27 license, we carry an A license, C -
61/D -49 license, as well as a C-31 license. This diversity of capabilities and proven expertise is not found
with other landscape maintenance competitors. We are committed to unsurpassed quality and superior
I AiI alpwiikax Kmr-r LJ�1. . . . . . . . ees' cotentiaLthro av askam-M
—voi imms_&"m -
resulting in our continuation as the recognized leader in the landscape industry. Mariposa Landscapes,
Inc. has been providing Landscape Maintenance, Landscape Construction, Tree Care, and Hardscape
Construction services primarily in the Southern California region.
We are committed to bringing the best possible quality for our customers, their properties, and projects.
We provide prompt service, expert workmanship, and superior products. We take pride in meeting and
exceeding expectations. Our goal is to deliver excellent value for our clients' investment. We treat each
customer with extra care and attention. Our work reflects who we are, and we strive to go above and
beyond to complete all projects efficiently and provide cities with an esthetically pleasing landscape
appearance which they can be proud of.
We understand and respect our customers' goals and do everything in our power to ensure the well-
being of their properties. While we always appreciate the accolades we receive, seeing our customers
enjoy a well -executed and thriving landscape is still the most rewarding part of our work.
capabilities to per -form this contract are superior to all the other competing submissions. We have ----
sufficiently staffed this contract with well trained and competent workers as well as technicians and
supervision. Our entire fleet of equipment is less than 5 years old and well maintained by our in-houst-
mechanics. Very few, if any, of our competitors offer the large capacity mowing equipment that we
currently use.
Our Core Values — Safety - Teamwork ® Quality - Integrity
C3
Statement of Past Project Disqualification and Litigation
Mariposa Landscapes, Inc does not have any past disqualifications. Below is a list of pending and settled
litigations.
Name
Ctaim/Case Nm
Date
Court
Status
1 pe
Whetstone v. California Science
BCS56062
April 21,201S
Superior, Los Angeles
Dismissed 5-3-18
GL
Center
Molina v. County of Los Angeles
B0547750
June 16,2015
Superior, Los Angeles
Dismissed 11-28-16
GL
01medo v. Mariposa Landscapes
ISGO8044
November 2, 2015
Alhambra
Dismissed
SCL
Inc.
Kesselring v. City of Palmdale
MCO25984
November 7, 2016
Superior, Los Angeles
Dismissed 6-9-17
GL
M. Cava 'a v. Mariposa
BC690689
January24,2018
Superior, Los Angeles
Pending
Empl.
Landscapes Inc.
Cartwright v. City of San Dimas
BC660950
June 5, 2018
Superior, Los Angeles
Pending
GL
Arvallo v. City of Corona
RIC1810846
June 6,2018
Superior, Riverside
Dismissed
GL
Hansell V City of Rancho
C 5172572
February 21, 2019
Superior, San Bernardino
Pending
GL
Cucamonga
Aronson v. City of Palm Springs
PSC1902825
April 24 2019
Superior, Riverside
Pending
GL
Our Core Values — Sa' ty - Teamwo- rk Quality - Integrity
e
12
It is our intention to perform this contract per the City requirements as indicated in the proposal documents. We are
City of Baldwin Park. Our proposal includes an outstanding level of labor, materials and equipment to sustain a high
Project Startup and Quality Control Coordination Meeting
The Project Estimator and the Project Manager review the project specifications and visit the project site(s) to
with key personnel responsible for carrying out the work, is held to discuss and coordinate how the project work
will be performed.
Documentation
Prior to commencement of contract work we will thoroughly inspect and document deficiencies. After this is
completed for each location, we will provide a detailed list of deficiencies discovered. We will also include a
proposal for restoring the area to its original condition if applicable. This will be the quickest and most cost-
effective way to bring the areas up to the specified standards.
heightened awareness for critical requirements. Topics for the meeting include:
Project requirements per specifications.
Record keeping documents and availability of necessary forms
Review methods, sequence of work tasks and timeline.
Preparatory Site Inspection
The Project Manager performs aquality inspection ofthe work area and:
�
Assesses the required work tobedone per specifications.
- - mw—Verifiesfield- measurements-.
�
Assures availability ofrequired equipment and materials to complete the project.
�
Identifies potential problems and develops an action plan to resolve them.
Scheduling
Mariposa Landscapes, Inc. will submit adetailed schedule that includes all the routine activities. After submission
and approval ofthis schedule, xvewill beready 10start work.
Labor
It is our goal to provide professional results. Therefore, we will assign the appropriate and trained crew force
necessary to complete the specified activities in a professional and timely manner. To achieve the desired results,
the appropriate labor will beassigned for every aspect ofthe work.
Our Core Values— Sqfi,,ty ° Teamwork - Quality °Integrftu
13
n
For each work task, the ?'roject Ifla nage r performs an Fn ilia i work in process I nspecTion lFr7ri= Irl ",Alii
work activity is completed. The Project Manager performs ongoing work in process quality inspections to ensure
that the work tasks continue to conform to the project quality •
Work Task Completion Inspection
sk before
• items remaining after the work task completion f• is deemed a nonconformance.
Control of Punch Items and Nonconformance
Should a problem occur in the • • •. we systematically contain the issue and quickly make corrections.
We
i`• a • action that • the workmanship •f material issue into conformance by repair,
replacement, or • Previously completed work is re -inspected for similar non -conformances. In the event
I of corrective
action is required before proceeding.
[Tiariposa Landscapes, Inc. systematicaiiy prevents recurrences to improve cItairi,j% Firs -L,
put into place to assure work proceeds without incident. Then a structured problem -solving process identifies the
root of the causes and initiates solutions. Solutions may involve a combination of enhanced process controls,
training, upgrading • personnel qualifications, and/or higher -grade materials. Follow up ensures that a problem is
completely resolved. Non-conformance and their resolutions are recorded on a Non -Conformance Report.
Copy of Mariposa Landscapes, Inc. Safety Manual is hereby included as Appendix A
Our Core Values — Safety • Teamwork - Quality -Integrity
14
Customer Service Program
Here atMariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of the most
recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive
relationships with our clients.
We bring decades of knowledge and in-depth experience to every landscape entrusted to our care. Building Ion
lasting relationships with our clients is important to us. We understand and respect our clients' goals and do
everything in our power to assure the well-being of their properties. We value open, honest communication,
ongoing staff training, and new methods and technologies that will help us do the best job possible.
Service commitment to customers
* We listen to our customer and respond to suggestion and concerns with fairness and flexibility
The City of Baldwin Park will have our managers and supervisors' cell -phone numbers for 24-hour access. We will
always be readily available to answer any calls. Our offices are open for communication from 6:00 am to 4:00 pm
v U1 UP 24-
MIIIIIIII
Marip6sa Landscapes, Inc. will touch basis With the City before the work begins, during, and afterthe project is
complete to ensure that the City is completely satisfied with the services provided. In case of any complaint or
irregularity, the Division manager will take immediate action to resolve any issues. Routine phone calls and emails
While we always appreciate the accolades we receive, seeing our clients enjoy a well -executed and thriving
landscape is still the most rewarding part of our work.
Our Core Values —Srfety ° Teamwork - Qualfty ° Integrity
15
Our training program is a combination of two aspects of instruction, safety and practical knowledge. We have onc-
full-time Safety Officer and two full-time Safety Coordinators. They, at regular intervals, instruct our Supervisors,
and fertilizers, etc.
For the first ninety days, training is ongoing with all new employees, in the use of small equipment and mowers,
9.pplication of herbicides and pesticides, and in safety awareness. Every facet of the use of tools and equipment in
landscape maintenance work is covered from the use of simple hand tools such as hand pruners to driving the
company truck. The foreman on the job provides training in a progressive manner as the worker demonstrates skill
and the ability to handle the various aspects of the job and equipment.
I raining in the use of chemicals is carefully done by showing the employee how to read container safety data labels
in accordance with the Hazard Communication Standard, transportation and storage, mixing and application rates,
and disposal. A demonstration on the use of the mixing and application equipment and safety gear is covered in
detail before the employee is allowed to prepare and apply the chemical.
Mariposa Landscapes, Inc. follows strict guidelines set by Caltrans, local ordinances and contract speCITIcationT.-Ti
addition, our tree division personnel use training materials furnished by the Tree Care Industry Association. Marfy
of our crews in the division of landscape maintenance, landscape construction and tree care, have extensive
experience in traffic control. Whenever it is required to work along the road or inside medians, we do provide
Each employee is required to attend weekly safety briefings covering all aspects of safety issues that relate to their
work including having the right safety attitude. Meetings are held by instructors who receive training in the
presentation of the material, by two safety coordinators dedicated exclusively to classroom training sessions, field -
training, and loss control. A variety of topics are covered to continually impress upon the employee the company's
foremost value of safety above all else.
w Back protection
• Basic Safety Orientation Blood Borne
Pathogens
• Defensive Driving
• Employee Reporting Responsibilities
• Fire Extinguisher
• First Aid/CPR
• Heat Stress
• Hazard Assessment
• Ladder Safety
• Personal Protective Equipment
• Safe Lifting
• Slips, Trips and Falls
• Stretch and Flex
• Traffic Control
'° Tree trimming (under l2feet)
• Truck and Vehicle Inspection
• Violence inthe Workplace
• Worksite Inspection and Operations
Our Core Values —fi° T��y�%�Q�° � °
�r a Quality g °
16
'f li.i` '•
MARIPOSA TREE MANAGEMENT INC
6232 SANTOSDIAZ ST
IRWINDALE CA 91702
Nee --a•• • •
+f� r - `.■
+ A 9.
,
MARIPOSALANDSCAPES ��
r SANTOS
DIAZ ST
IRWINDALE & tfa
WON Q,
1-1-1 111KRIAM • •
.e LANDSCAPES NC
6232 SANTOS
IRWINDALE
e+l+ • s,. � + ■
� s<
e • ri
Workers' Compensation Experience Rating Form
Bureau Number
83-84-23-R Page 1 4f 4
Effective Date
04/01/2020
Issue Data
12/03/2019
Experience Modifmi n
15 40/6
Insurer
SENTRY CASUALTY COMPANY
Insurer Group
SENTRY INS GRP
Policy Number
90207200100191
Issuing Office
STEVENS POINT1
Experience Period
0710112015 to 07/0112018
Bureau Number
83-84-23-R Page 1 Of 5
Effective Date
0410 112 0 1 9
Issue Date
03/27/2019
Experience Modtii °on
1179%
Insurer
SENTRY CASUALTY COMPANY
Insurer Group
SENTRY INS GRP
Policy Number
902072001 181
Issuft Me
STEVENS POINT1
Expedence Period
07101/2014 to 07/01/2017
Compensation t
Bureau Number
83-84-23-R Pagel of 3
EffecIve Date
0410112016
Issue Date
12/02/2017
Experience Modification
%
Insurer
SENTRY CASUALTY COMPANY
Insurer Group
SENTRY INS GRP
Policy Number
90207200100171
issuing office,
STEVENS POINT #1
Expedence Period
07/01/2013 to 07/01/2016
Our Core 1.7alues — &,,afety - Tet"It1avor e ttlality e lar/te grir ,i
17
M A R I P 0 S A
L A N D S C A P E S I N C
OT Me manner in wn1GrI We L;UIIUU(;L UV.I!jUI'1t::Z5 I[ I UU1 I WIF III lyIrTAI e it) I L
practices and performance. The following narrative will hopefully clarify the primary reasons for the increase in
recent years.
Post -termination claims and claims which we have always suspected to be fraudulent, between 2012 and 2016,
were the primary contributors to the spike in our current experience modification. Nearly all of these claims were
represented and were continuous trauma claims making it impossible for us to investigate and control. Once the
litigation process was initiated, reserves were set by the workmen compensation insurance carrier and our
attempts to mitigate claim reserves were ineffectual; especially when we changed from one carrier to another at
the end of the policy period. The majority of these claims came when we were burdened with having to quickly
replace the employees we had lost after a large lay-off, in order to continue to meet the contract obligations of
our clients.
XiMmel—rill n_FW&_ff Ult tie[ IL =T
not settled. If we were to reduce our exposure by these claims our experience modification would be around
1.10. 1
A large number of claims were filed by employees who had also filed claims against former employers, and wht
appeared to be looking for a quick settlement. Most of these people found their way into our employment during
7T n,,,#Av*16vwt�-,z4
the quality of our workforce overall and these types of claims are now almost non-existent.
Notwithstanding the unfortunate experiences stated above, we have an extensive safety program that includes
weekly safety tailgates, quarterly training to all employees on a variety of topics, dedicated safety coordinators
with deep knowledge in OSHA regulations and certification and broad experience in claims management, a risk
control manager, a safety incentive program, quarterly loss -control job -site visits by our safety services provider,
quarterly job -site visits by the loss -control division of our insurance carrier, on-going loss -control appraisals by
our safety coordinators, and the use of a nurse triage service to make immediate assessments of even the
slightest injuries.
We have seen significant decreases to our experience modification over the last two years from is to 1.54 a•
J .27 lis. 1 11 erience modification of 1.0 or less as we had reviousl
Should you wish to discuss this further contact me at 626 960 0196 x 2729, or at a1ex,de1vaIlg@Mgr
Jposa-
ca.com.
Sincerely,
q*7
*jTEL 800 * 794 - 9458 - FAx 626 * 960 -X477 - www,mariposa-ca,com
6232 SANTOS DIAZ ST, IRWINDALE, CA 91,.706 * CACONTRACTOR'SLIC #592268A,C-27,D-49
Blending Nature and Craftsmanship to Create Ultimate Outdoor Settings
M
Our Core Values — Safety - Teamwork - Quality - Integrity
19
M A R I P
L A N D S C A P
Letters of Reference
"I wanted to pass along compliments that I have received about how our City is looking. We have
received two or three resident compliments saying the LLD looks fantastic. They have stated that the
refurbishment areas that have been completed look great and they look forward to seeing the future
refurbishments. This morning I had a City employee stop me to tell me that as he drives around the City,
he is noticing a drastic change and improvement in a lot of the general fund area. He said he knows it is
a lot of work. Another City employee from City Hall stated that she appreciates the attention to detail
along the gated walkway and the front of City Hall. She eats her lunch in the gated area each day and
appreciates how clean it is. I just wanted to say thank you for continuing to support Tustin in our efforts
to make Tustin beautiful."
Thank you,
Christine Zepeda
Landscape Contract Supervisor
City of Tustin
-6entlemen, I told Wriancio wrien ne was at tne ioD site, put i
behavior from your crew today on the tree job in Chatsworth. Not just PPE, but the care they took
-i.ropping the limbs, calling a dead if: for cars going down the street and neighbors walking onto the
work site because they didn't want to see the logs. (Guys moved them over 10 feet)
Even the pre work stretching to reduce occupational injuriesM Great job"
Thank you,
Ellen M Walton
It "r, -I-,
"Since 1988, Mariposa Horticultural Enterprises has performed complete landscape maintenance of the
most highly visible landscapes within this Citv. Among thos6�bighlyvl8ible streetscapes is the Haven
Median, the median from the city limit to city limit passing oposa has consistently
maintained that median in a safe and attractive condition."
Maintenance Supervisor
"Your staff has been most cooperative in responding to our needs in a timely manner. I especially want
to express our appreciation for helping us get through the drought. Your staff worked hard to meet our
-ir;wqV4__? 'jit4
; !� -;m our
company are the sites the citizens of Glendale can be proud of."
Bob Mezak
J.,te_FTTh*T_
City of Glendale
<�19 CA CONTRACTOR'S LIC # 592268 A, C-27, D-49
6232 Santos D'az St,, RWINDALE, CA 91702 -TEL 800e794-9458 GFAx 626.96098477
www,manposa-ca,corn
11?m ORM,#Vg4 2,ATrAT=
Public Library and the landscaping and site work project for the new Arcadia Police Facty. Mariposa's
staff provided accurate information in a professional and timely manner, and provided the necessary
Lechnical expertise required to complete both projects.
It was particularly exciting to be recognized with the Sweepstakes Award given by the Los Angeles/San
Gabriel Valley Division of the California Landscape Contractors Association for the landscaping and site
work for the new Police Station."
City of Arcadia
Oar Core 1"ables — Safety - 76unwork - Qwdity - 1nteg-H(!,1
n
112=41% a
of Me most recomrn
maintain positive relationships with our clients. Below are cities for which we provide landscape
maintenance services similar to those listed within the RFP.
Agency:> City of Newport Beach Contach Kevin Fekax, Landscape Manager
crone (949) 644-3197 Fax: (949) 644-3318
"dress: 592 Sqenor A-ze,, N�ewpott Beach, CA 92660 Email.. 114karAle
ContractTerm. 2016- Ctirrent, Con tractTyper L-andscapelMaintenance
Project
Landscape Mlaintenance. hilgation nutintermce, turf mainanmain
ntece, gratutdcover tenance, shrub, vine and tree maintenance,
woo
Dcrhardscape maintenance, sand14 chip area maintenance , drinking fountanan
in maintece and specialty/sports athletic area
esiption:
maintenance.
Agency Cies, Of Tustin Contact, Christine Zepeda, Landscape Contract Stipervisor
Phone: (714) 57.3-.3174 Fam (714) 838-4779
Address- 300 Centenriial Way, Tustin, CA 92780 Email- Lzrnle�dafltW�mc �Aor
ContractTerm: 2015- Cut-ent Coo tractType. Landscape Maintenance
Project Landscape Maintenaxice of U4D Ai-eas, parks, Medians and Facilities
Description.
Agency Cih, of Rancho Cucamonga Contact, Steve Rei h, Maint, Sup enuor
Phone : (909) 477-2730'4116 Fax: (909) 477-2731
Address,, 9153 9th St., Rancho Cucamonga, CA 91730 Email; steN-e' elp Ln�cltyoftc.us
Contract Term., 1989- Current Con tractTyre. Laxtdscape Maintenance
Landscape Maintenance of Medians and pVk%va%,5- shrub, groundcovef, vine and landscape mulch maintenance
Project
T hardscape mainto-mace, restroom maiintenance, driiaking fountaii-t a -td pipe chace
Description: I ree maintenarice, pest control,
Agency
Cit�r of Arcadia
Plidne�
(626) 254-2709
AAdram
11800POO* Ave. Arcadia, CA 910
Coimv�Tim:
2013�
1control,
Project
litioafion, as
g
l Dotcrilildon:
grou#A cover plants, weed pe
Contact Dave Thompson, Streets Superintendent
Fax: (626) 359-7028
Email: dtho mml
Contract Type: Laidscape Maintenance
on, fertilization, rno-ing, edgings p-nuung, shaping and trio tress, sh
ontrol and, Al ptant diseases, debris removal and general dean -up.
Agency
City oft ria
Contact:
Sean Stffivan, Director of Public Works
Phone:
(626) 932-5522
Fax:
(626) 932-5520
Address.
415 S. Ivy Avenue, Monrovia, CA 91016
Email:
ssuffiratiCELi.monrovia.ca.tts
Contract Terin.
2017- Cttrrent
ContractType:
Landscape lMaintenance
Proj
ridscape : rtenarice: MoWing, edging, string tnum-dag, cleaning of sidewalks and hardscape., fitter & debris removal, weed
Our Core Values — Safety - Teamwork - Quality - Integrity
22
a
Proposed Services
Mariposa has reviewed the specifications necessary to provide citywide landscape maintenance services
to the City of Baldwin Park. We have reviewed the specifications thoroughly and will adhere to the tasks
that are detailed within them. We have a complete understanding of all the work that will be required of
TIAFMT%99. f �611M
All workers assigned to the City of Baldwin Park contract will arrive at various locations within the city
per the tasks and per the schedule.
o General/Daily Maintenance —Such tasks include trash/litter, visual inspections, leaf and debris
control and any other daily/routine tasks shall be performed by on-site workers assigned to this
contract.
o Weed Control — Manual weed control, along with chemicals, will be utilized for this contract.
Any manual weed control shall be performed by the crew designated to this contract and any
chemical application requiring certifications shall be performed by crew member(s) with proper
qualifications
•Landscape Maintenance- Such tasks include tree, shrub, vine, and ground cover trimming and
maintenance shall be performed by crew designated to the contract. The on-site crew will
perform all aspects of the maintenance requirements.
o Fertilization- All fertilization shall be performed per the schedule. The City will be notified in
advance of application days and locations. The crew assigned to the contract will be responsible
for fertilization application and ensuring that the approved product type and rates are applied
as per the City's requirements. All fertilizer application requirements will be performed to
ensure that the fertilizer was applied and cleaned up properly. All applications will be recorded
and identified per the city's requirements.
6 Pest & Rodent Control:: -Such control shall be -pre rfo rmecl-bycrew mem be r(s)-with -proper
qualifications on an on-going basis or per the recommendations of our in-house PCA. We will
utilize IPM per the City's requirements along with ensuring that all safety and regulatory
measures are taken for the safety of the general public and for our employees. All required
reports and recording of chemical use will be documented and submitted as required.
o irrigation Maintenance- Such maintenance, including inspections, maintenance and
troubleshooting shall be performed by the assigned Irrigation Technicians. Irrigation testing
be performed per the schedule to ensure proper functioning of irrigation system. I
Our Core Values — Si7fe-ty - Teamwork - Quality -.Integrity
23
M
List of Key Personnel:
Vehicles and Equipment:
Our Core Values — Safety - Teamwork - Quality -Integrity
24
n
Statement of Compliance with Indemnity and Insurance
Mariposa Landscapes, Inc. has thoroughly reviewed all Indemnity and Insurance requirements
RFP for the City of Baldwin Park- Landscape Maintenance Services.
Our Core Values -- Safety - Teamwork - Quality -Integ-rity
25
a
Statement of Willingness to sign City Contract (Exhibit A)
Mariposa Landscapes, Inc. has thoroughly reviewed the City Contract (Exhibit A) and confirms
that we are willing to the sign the contract should we be awarded.
Our Core Values — Safety - Teamwork - Quality -.Integrity
26
Mariposa Landscapes, Inc. uses substantial effort to initiate "green" environment and energy
Our company has established a recycling program for green waste and other recyclable
materials.
This program requires on site work crews toseparate green waste from necyclables at the job
level before transferring to our collection centers located in Mariposa operating yards.
In these locations, separated materials from job sites are collected in designated roll off bins
prior tphauling tothe appropriate commercial waste collection C2nter/3\.
Depending on the City entity and volume collected, Mariposa can produce reporting monthly,
with approximate quantities mfgreen waste, recycled waste and other.
Our Core Values—Smfehx = Teamwork ° Quality ° Integrity
27
Quality and Cost Control Plan
Complaints and Damage
Mariposa Landscapes, Inc. will provide, and strictly enforce, all safety measures necessary to protect the
public and both private and public property. Any complaints received from either City Officials orCity
Residents will be handled by the Mariposa Landscapes, Inc. assigned Project Manager or Field Supervisor
and dealt with within 24hours.
Means for Correction
In the event of accidents, we have an established accident reporting system and training program for all
employees. Every vehicle is equipped with personal injury, vehicle accident and property damage
rev,orts, EmyloWees are well trained on how to y.U%aLbjpather the necessary information and efficiently
complete incident reports.
Means to correct the project
For each work task, the Project Manager performs an initial work in process inspection when the first
portion ufthe work activity iscompleted. The Project Manager performs ongoing work inprocess
quality inspections toensure that the work tasks continue toconform tothe project quality
requirements.
Completion inspections are performed for each work task before starting other work activities. Any
outstanding punch items remaining after the work task completion inspection isdeemed a
nonconformance.
Should a problem-o-ccurin the quality.of work, we systematically contain the issue and quickly make
corrections. We expedite a corrective action that brings the workmanship of material issue into
conformance by repair, replacement, or rework. Previously completed work is re -inspected for similar
non -conformances. In the event that we cannot meet contract specifications, the customer will be
notified, and customer approval of corrective action is required before proceeding.
Mariposa Landscapes, Inc. systematically prevents recurrences to improve quality. First, management
monitoring is put into place to assure work proceeds without incident. Then a structured problem -
solving process identifies the root of the causes and initiates solutions. Solutions may involve a
combination of enhanced process controls, training, upgrading of personnel qualifications, and/or
higher -grade materials. Follow up ensures that a problem is completely resolved. Non-conformance
and their resolutions are recorded on a Non -Conformance Report.
Our Core Values —Safety - Teamwork ° Quality -Iritegrity
28
a
Corporate and Financial Capability
F,T,Iariposa has been capawe Or meeting aff-ri=--
supports $100 Million bonding capacity.
Our Core Values —Saftty - Teamwork ® Quality - Integrity
29
a
Our Core Values — Safety ® Teamwork ® Quality - Integrity
30
$1,069.50 / Year
19
14404 - 14436 Ramona Blvd
center medians
3,000 sq ft:;
$1,016.03 / Year
20
14514 - 14540 Ramona Blvd
center medians
2,850 sq ft.
$
$713.00 / Year
21
14600 - 14608 Ramona Blvd
center medians
2,000 sq ft.
$
$855.60 / Year
22
14700 -14720 Ramona Blvd
center medians
2,400 sq ft.
$
$891.25 / Year
23
14732 - 14752 Badillo Ave.
center medians
2,500 sq ft.
$962.55 / Year
24
14810 -14834 Badillo Ave.
center medians
2,700 sq ft.
$2,584.64 / Year
25
14900 - 15010 Badillo Ave..
center medians
7,250 sq ft.
$
$1,354.71/ Year
26
15101- 15190 Badillo Ave
center medians
3,800 sq ft.
$
$819.95 / Year
27
15225 - 15297 Badillo Ave.
center medians
2,300 sq ft.
$
$1,176.46 / Year
28
15301- 15389 Badillo Ave
center medians
3,300 sq ft.
$
$178.25 / Year
29
14747 Ramona Blvd - LA County Yard
center medians
500 sq ft.
$249.55 /Year
30
Across from 2221 San bernardino Rd.
center medians
700 sq ft.
$
$221.03/ Year
31
Across from 2105 San bernardino rd.
center medians
620 -sq -ft.
$
$570.40 / Year
2
Across from 2009 San Bernardino Rd.
center medians
1,600 sq ft.
$
$55,746.16 / Year
Sub -Total (Ramona Iv-Badillo Street)
156,370 sq ft.
$
Location
#iies
Cost
$1,229.93 / Year
1
4100 Baldwin Park Blvd.
center median
3,450 sq ft.
$
$1,140.81 /Year
2
Baldwin Park Median @ Ramona Blvd.
center median
3,200 sq ft.
$
(Just South)
$3,921.52 / Year
3966 - 3908 B.P. Blvd=
center median
11,000 sq. ft.
$
$3,315.47 /Year
3884 - 3826 B.P.Blvd,
center median
9,300 sq ft.
/
$3,386.77 Year
3820 - 3750 B.P. Blvd
center median
9,500 sq. ft.
$
3732 B.P.Blvd B.P. Blvd. @ Merced
center median
3,100 sq. ft.
$
$1,105.16 / Year
Ave. (north of)
$1,871.63 / Year
7
3111- 3133 B.P. Blvd.
center median
5,250 Sq ft.
$1,497.31 /Year
8
3151 B.P.Blvd
center median
4,200 sq ft.
$
$1,604.26 / Year
9
3205 B.P. Blvd
center median
4,500 sq ft.
$
$2,281.61 / Year
10
3223 - 3259 B.P. Blvd.
center median
6,400 sq ft.
$
$2,673.76 / Year
11
3309 - 3357 B.P. Blvd
center median
7,500 sq ft.
$
$1,711.21 /Year
12
3425 - 3459 B.P. Blvd
center median
4,800 sq ft..
$128.34 /Year
13
3505 - 3543 B.P. Blvd.
center median
360 sq ft
$748.65 / Year
14
3563 - 3595 B.P. Blvd.
center median
2,100 sq ft.
$
15
3613 B.P Blvd. - B.P. Blvd. @ Merced
center median
4,200 sq ft.
$1,497.31 /Year
Ave.
$28,113.72 / Year
Sub -Total (P Blvd)
78,860 sq ft*
Location Quantities Cost
I SW Quadrant - Harley Davidson Side sloped planter 12,100 sq ft. $4,313.67 / Year
2 SE Quadrant - empty Lot sloped planter 15,500 sq. ft, $ $5,525.78 / Year
3 NW Quadrant - Walmart side
4 NE Quadrant - Motel 6 side
Sub -Total (Puente Ave)
Total Costs
sloped planter 14,200 sq. ft. $ $5,062.32 / Year
sloped planter 10,770 sq. ft. $ $3,839.52 / Year
52,570 sq ft. $ $18,741.29 / Year
$ $104,758.00
One Hundred Four Thousand Seven Hundred Fifty Eight and Zero cents Per Year
Total cost has been revised per attached exhibit B
Location
Quantities
Cost
$962.55 Year
1 Sterling Way/ S. of 14200 Ramona Blvd. right of way planters
2,700 sq ft.
$303.03 / Year
2 4008 Sterling Way right of way planters
850 sq ft.
$
$891.25 / Year
3 3974 - 3966 Baldwin Park Blvd. right of way planters
2,500 sq ft,
$
$2,156.83 / Year
Sub -Total (Sterling Blvd)
6,050 sq ft.
$
Location Quantities Cost
I SW Quadrant - Harley Davidson Side sloped planter 12,100 sq ft. $4,313.67 / Year
2 SE Quadrant - empty Lot sloped planter 15,500 sq. ft, $ $5,525.78 / Year
3 NW Quadrant - Walmart side
4 NE Quadrant - Motel 6 side
Sub -Total (Puente Ave)
Total Costs
sloped planter 14,200 sq. ft. $ $5,062.32 / Year
sloped planter 10,770 sq. ft. $ $3,839.52 / Year
52,570 sq ft. $ $18,741.29 / Year
$ $104,758.00
One Hundred Four Thousand Seven Hundred Fifty Eight and Zero cents Per Year
Total cost has been revised per attached exhibit B
M
Our Core Values — Safety - Teamwork - Quality - Integrity
31
ii t ►• •
XQI V-1 MA WN
�i•
V `r l , / , s
Updated December 2019
Code of Safe Practices as Part of a Safety Plan. =______° _,�_0
Chemical Safety ................................................... ~-~_~" ____
8
Chemical Handling __.~,--~
8
ChemicalSpills -----°`_-_...... ....... .................. ............ ^`^^_^~~~_.-'.^,_~__......... ...........
.8
Corrosive Safety . _._~ ~
_ � ....^...^�`~--_-'-^+~-..-'°-_,~_~...~.~^.^^.~~"^°._~~^��^___ --."-~^~^-- -._~_~-`
8
HAZCDM-Hezerdous Substances inthe WorhobaCe.__......... .................. ...... ....... _._^~H
Paintsand Solvents ............................................................. -.~^_........ ~.~.__=............... ....... ~-~,~~~.--,-1m
Solvent Safety ................................................................ .-_~-----,-,^.-��`~~_--��t-��°~���y......... _10
SprayPainting Safety ........................................................ ...... .............................
10
D[iviDg------------------------- .................
Driving Company Vehicles -Breaking Down ......................... `_=.~~._^.
Driving Defensively -----------------_^�^�......................
12
Driving Vehicles with Trailers ............ _ ___,_,12
Driving While Tired ............................ ~....... ~ .._.~_.
Seat Belt Safety ............................... _...... _^............. `.......... ...... -^.~�_~_��~_~
13
Semi -Truck Driving Safety ............... ___ -......
Towing Safety .................................... --�.--,`.-`-r_-,---=-
Truck Yard Safety ............................ __=._=°~-~...... =14
TrucksandTraUers-Secuhng Cargo_____�..........
14
Trucks with Outriggers °~^^_,__,_,__,,._,=_*....... v_,__,^-_=^^^.~..._~_.__^ ...... '....... ._'^_'14
Electricity.............................. ............. ._....... -.~.^.,-^,^_-u^....... �15
Electrical Arc Flash .... -`.-^_ ,._`.-..--_-.r-~~~--_.-.-.---"---
Becthoitv-VVoddnQyJearHighVnit@ge Power Lines ........... ___���p.=�_~*_
Becthodx Safety -Low Voltage ........................................... ,....... ......... .__^.
6}
Assured Equipment Grounding Conductor Program /GFC| ____,.~^~~^.,.~.~.°,~.~~.~~..17
Emergencies................................................................................. -n_~-..~.-^_-~.-.^°_r-~....... .................. -.17
Burns -Kinds and Treatment ...................................................... ........ ~........ °~-~^^°.-_-_"_^-~~^._°-~~"17;
Calling811 .............................................. ..^.,~.-__°~�_^n-`_�^~,°__^_n__-�
18
Earthquakes................................. ~.......... +_~~-. ~~-.~�^^^_^^...... ="
18�
Emergency Action Plan ............................... ^��'__r�_^�__._�__���v____�_���....... �__.^.�~.v_-^^^18�
Exitsand Egress ....................... ~,-~°,-�_........... ,`,~===...... ................. ...... `-'~.°_^^_... _19�
Eye Wash and Shower Stations ._` ....... ~,.~....^~~._~..-~~....~^°.~,--^-........ °........
.19�
First Aid.-~`~-~�~~^~^~'.~~~.�~~.,=~`~~�-^,~.^,._.-'~..... ,~~~-................ _._---^....... ^`^^_^l9�
Oil Spill Safety Procedures- ....... -"_................... _~-.____--.-°=.~.==°^....................... .....
3
Mariposa Landscapes Inc.
oecember2019
FireSafety ......................................... _........ ~~,___,,_~,=~__,.............. ... _,=...... ....................... -..21
Fire Exbnguishev--------- ............... 21
Fire Hazards inthe Workplace ...... ____ ............ .............. _,__............... .-.21
Fire Sprinkler System ------._.............. ~--~--`~~^ ..... 21
Flammable Liquids -Safe Handling_...._........... �............. ...-.22
Halon Fine Extinguisher -----'. ~~._-_~~. ,___,^^°,~_,_,_,.`-~^*_-°_~__._.°_=�~_-22
FleetDivision ...................................... °~^---'........... °«~`^-~^^~~`°~`~-^~^^'23
AcetyleneSafety ................................... ,....... _^.=~~^-~.__.~.............. .......... ........ ...... 23
AirCompressors ................................... ............ -=.~."^..^.~~^.°-.~~~~.-_^^~~~^...... .._-_-~^=~-~.~........ 23
AirHose Safety .................................. _~,_~~,"__...... __v_~ ................... _............. ...... 24
Battery AcidSoU|Plan------............ ....... ... ___ ...... 24
Battery Handling Safetv-----.-°---.--_-.~--_.~--'^_�~...... �6_-_
Carbon Monoxide Safety ...................................... -~ -.25
Car Lift Safety .......................................... ........ 26
Drill Press Safety ......................................... ......... ___ _,_,_°_-°'_°^,._~,~~........ 28
Electrical Soldering Safety ........................... ............... ............ 26
Extension Cord Safety ............................. ___ ........ ___ ...................... ........ .......... _^~........ 27
Forklift Safety -Pedestrians .......................... ___ ............ .__... _......... 2/
ForkliftSafety ........................................... _........................ ...... -_,_z- ....... ^=_~^ ..... 28 �
FreonSafety ................................................. ._~_~-_^=_-~__~=........... ....... ~ _".-_`~._~.°_°~~"~__'28
Gasoline Safety ....................................... ._...... _,___....... � ...... 29
Glue Gun Safetv------------. ".................... ,~,°. ......... 29
Ghndern-BendlGhnderSafetv----.. ^,^°-~~^~.._-28
Grinders -Portable Grinder Safety .......... ,,____=___~.=__._~.......... ............. .~,...... 3O
Heat Gun Safety 30 '
Oxygen and Acetylene -Cylinder Storage .... ~.-.._~°._==~°..^~."_--=-.^~"..,~_"_-~-=....... ___ ... ~........ J2 �
Plasma Cuffing Safety ---------'_^~,__^�~__,__�. ��w___ ....... 33 �
Pneumatic Tool Safetv--------- ~°__^_~°_*........ ...... ^__~,~-~_'_,n......... 33 �
Power Tool Safetv-----------' _____._-...................... ~^........ 33 �
Pressure Washers .................................... ,~-~-=*- ~~-^.,.^=~.-...... ............ ___ r-.^`...--34 �
Propane �af�tv--------------_..~. .-_^~-_~_-�-^°*---'�� �
'- Safety �������������� ����� '
'
SandingSafety .............................................. ,'........... ,~,_............. ._~_.~yr~,�:��-...... 34 �
TireReoairSafetv-----------.. ................... ................. ...... ...... 35 �
Tire Safety ................................................. __,_�,,_ ........ 35 �
TowDolly Safety ..................................... ,,___~-__^,_~~_.^_^°-_....... __...... ^',...... =,,_,_`...... _,^'... 3O �
Tow Tractor Safety AKA Tug Carts "...... ^............ ~°......... _~........ 30 �
3
K8ohpoua Landscapes Inc.
mecembermno
WeldingSafety ...................... ___ .... ~... ...... .=~°`,.=,^~~_,,........ ,................. ~,~^_,__~37
Welding Torch Safety ................ ...... ___�_,_�'_,-......... ~~,^_- 37
Wood Pallet Safety .............. _~^^~°~,-__,............. ~°_~~
Heat Illness Prevention ..~.-~~.~. ................... ....... -~~~�38
Heat Illness -Accinnatization--..-"__-...... _^....... .............. ".--.---_---.r_ ........... --_^_
Heat Illness Prevention --.~u~° _--_~_^_~-~-.^.^.-.=.~_~_.~°_--_^....... -°~-"--~_~--^`....... _` 38!
Injuries and U|nesa PreVen1on... _^^__,,'_..~_._~,r__.* ....... _^....... `._____,^=^_____x.~.^ -^^~^~^`^3g
Asbestos Safety. ... ,~~~_°_~,*_^`~~.~_=°~"~.,"^,°°,"°_.___......... ~........ _=^-,°°,"^^°,~^__,~°_~,,,,39
Allergic Reactions Uo Latex .......... ___ ...... _~_,____u............ ... `*_~~............... ~........ ..... .~~^~~_°_........ .-�4V
Anticipating Accidents ................... ...... -~=,-_~_....... ................. ...... ................... ... ^'--^'_,-^=4m
Backsand Lifting ........................... ....... _~_...... ~'^.~^............ .~.~.-,-_-._~^-.^^~-^~^-..°~~...... _~`*~^.-°.4V
Blood PreonUnm. Stroke, and Heart .............. _........... ........ ~~_.^�__�___41
Bloodborne Pathogens ....................................... ...... _`~-~-._.-.°^~,_.^~~=_,......... ~-°-................. ~^-_-41
Box Handling and Stacking ....................... -...... .... ___ _...... _,_'�~ __............. 42
Close Cal|S.-.........-.........-..-~ ....... ~_-°~-^-.----~........ _42
Confined Space ........................................ ,_~,_, _=~,_=~,_°42
Cuts, Lacerations, and Punctures .............. __°~-^~...... ... ___43
Diseases inthe Bathroom ......................... ........ ......... _...... _....... 43
Eating and Drinking inthe Workplace ........... ...... ............. ...........~^-".^~44
E[Dokzvme Safety Responsibilities............. ___ .....................
Industrial Injuries ....................................... ............. _45
Injury and Illness Prevention Program ............ ........ ........... ...... ~°~_-_^.45
Kneeling and Squatting Techniques ........
Material Handling Safe Operations ............ ,.............
Medication |nthe Workplace ..................... ~-....... ~'~.~-~~._°~-~................. `._-----47
Noise Induced Hearing Loss ...................... _~_°~_~-_,~4f
Pinch POD1S~-,.--~~~,^~-=~..~~"_^°°-.-.~~~.~~--~--`-^.................... `--^---^-,^~~.=` ^40�
PoisonOak ................................................ __^.�................ ^_^^....... ,�~..,~n~-~_........... .---~"~... .�49
RainyConditions .................................................. ....... ....... _^... _�"..... ,._... ,*_49`
Repetitive Motion Injury ---------_~.°_ .^"~~-`.-`-,'~^~_~^"-^._,.""`~-49,
Sharps Injury PreVention--------~°°--~.~-.~'^~~w-^-,--~_.-..`.__--'--~~,,__°_.=,~
8hQrtcUtS-.....--..-....---~-^---°^,�-`"~-~~"-~^~ -.~-
Mariposa Landscapes Inc.
Skin Protection ......................................... `,___~_._____._`-,,°~_~'~~~ 51
Slips, Trips, and Falls .................................. �°~
Stress in the Workplace ........................... ^�'......... ^^~~�-~~.... .............
_~,52/
S1RetCh|ng..--.---...------- __-~-.,
......... .................... 52
Substance Abuse inthe Workplace ............. __--....... .~._°.~-~_°°~_-=~......
.°^_^~........ ... -_---52
SunProtection .......................................... _~~,__^,,--,__'°
...... ...... -^'--^^^~....... ~-^^~^^53
Team Lifting Safety ...................................... -.-~,~~°^ --^_,`-,,,-~,^-.=,~-'^.,_.53
Vibration Exnmsuna-----------'
.~^~.~..~°.^°-~.~~~~^~'~,.~_~"~~~_,`_a3
WashYour Hands ...................................... -............... --.~.=^^^
....... ....... ...... ...... ~-..-_-.---
Working|n Bad Weather .......................... .... -........ --.~^.~~^,.............
°~~_~.~....... -a°--~~._~- ......... ~-.=cmk
Insect and Snakes Safety ................................ _,"~^~.... `_~,,,.............
___ -,'-~,__=r^__~_~,_~'_,5z
BeeSafety ............................................... ......... _--............... .____
........ ~-^---~--",_.......
Rattlesnakes: Ca|ifornie---------~,~,=".=____^__
........ ___y_�_............. .°~°.,~_-_-55
Spiders --..---.---.----.--~
....... 56
Landscape Department .................................. ____ __.,v
_^w__~'..°.~.~~~-~^_~.-`~ 56
Backhoe Loader -Safe Operation ....................... _~--_~.......... ^^^~`._
........ ......... ___ ........... 56
BobcatSafety ............................................ ...................
~~^~-.... .......... 57
Circular Saw Safety -----------..~.......
........ ...... ___ ....... '........ ---_ ..-�.jov
FarmTractor Implements .......................... _............... ^^.~... °----_^=~-~.^~~
___ ^........ _~-_,^+.......... =~_=_57
Industrial Tractor Safety ............................... .-^_-^_,-..........
........... _~-......... ...... :58'
Jackhammer Safety .................................... --~........... ^~~^~,,~~~,---«-~~_'~,`~~`_,`.-°°-_,=~=_
...... -.=_58
Loading and Unloading Stone Slabs ......._,_',_~~_-___..__^°�-*".*_.�-..^.�._°^^,_,^_,_.^"..^.'_.~-_'-_
��
Portable Abrasive Saws Q"Grinders ........ .°.^_-~~^~.°
....... ,....... ...... ..... 59�`
Powder Actuated TQ0|s_^........ ___ ...... __-
-~~^~..°^~.~.°~_ '
_ Reciprocating Safety --_- - -_-
60
_ -
RotaryHammer Drill .................................. __^^-........... ~~-.._^~_�~_~~~,"".°~_�
........... _~~_`,~........ ,^~ OO
SkidSteering Safety .................................. ..............
~-~_-....... -__........... _.0O
Tractor Safety -------------^.~~~~.__-*__-_^__=_�°.^�°°.,`~~-~,~.~.-_~.~^~_-._-.~.-o~--,--
O1
Maintenance Deportnlend--------_
........ ...... ........ `_~-....... ~-_^61
Am|rna| Carcass and Waste Disposal --............... ...........
.`�_`~~-_,_-~81
Lawnmowers -Ride On ......................... ...... ____ __�_�e
.^�°^,~-........ ..-~^.^°~ 62
Loading ATVs Safely ............................... ._,^^,_.,-,==._~�`.�_=
......
OpeningTrailer Doors .................................... ~^_~°^_............ ,.-=~"^.=.,-°-.w--^-~^°--'
............. ,=~---"-°-"O2
Pesticide Safety ------------.._~__-._~..-,_----m^-_,~-,_��-"---�..^~'^_'r,,~~^'~~~-~`
��
Pruning Safety ------------'.-~ ,_.-_-_,°~^,-~`-_°�~~_~_~
, --,.~~-.^,.-.'--- 63
Ratchet Strap Operation and Safety ................... .___^............
......... ^`-~^~...... _..........
Office and Housekeeping ......................... ~^---`~~_-._^',.~-~-',-.64
-
5
Mariposa Landscapes Inc.
Floor Scrubber Safety ................................................... ,___"~*^.',,______^_^_,^.°__^,,,~~~~~^~_.~~_~~~65�
�
GoodHou ----------------'--..........
~,__.`...............
Housekeeping-Raos----------------'
_~=....... 65� �
Housekeeping forthe[JfhCe-------------
_--~^---.-
OfficeErgonomics....................................................... '.............
=^-.......... '~° ^
C}ffioe Safety .........................................................................
^
._.~_.~.°w6
'
Personal Protective Equipment (PPE) ............................ -°_~~.......... °~^~~^=_,".__~~.
..... .~_~=~~,~=,,_~_67�
PPE-DisDust Masks andResoratore---..
�
PPE- Eye ProtecUOn----------------.._~p-°~~�^~-,~-^.~^_~°-°~-._°°^~_^_-_~--,.__.-^�
_-�� �
. �
PPE- Hand Protecbon----------------.. .....
....... -^-~-............. ^
PPE- Hard Hats ......................................................... ---...... '~`
69
--~-~^- �
PPE- Hearing Protection ................................................... _........ ....
^-~~, �
PpE- Knee Pads ------------------
��
-=--- ~~~~ �
PPE- Respiratory Protection ............................................ ~~.~..............
-~~-._-~-~.--_-.==.,---~°°=.~~~ 7e �
SafetyVests .................................................................... ~--............
J�) `
^--" �
Phone Use -----------------------~�---^--~~°~
��
------`�
Cell Phone Use -------------_~,-
� �
-
Cell Phone Use While l]riving------------
- �
Subcontractors --------------------.
�
- �
PreqVa|d5Saton...................................................................... ---~......
-._-............. / �
Tool Use -------^--~^--~--------^'
����
~~- �
Flashlight Safetv------------------'-~==-°=--~---~-._-.--_
°���� �
Mand and Power Tool Safety ........................................
...... ..~_,~°a2� �
Ladders .-...-..--''^^-~^-~^'-~'^-~^^-^----'r--.-r-'°
-°^~- �
^' ^a�
Pallet Jack Safety .................................................................
-
--, .74'
PovverTools Near V�ater--------------'�~~°__-~~~_.-=.__,__.=_^~-~___^~,_._^~_~__,_~.,__^�
��
Scaffolds ............................................................................ .-`^........
-.--__-r�*-�- -- ^
Traffic Safety ---------------------~~~._~~_--~-
�� �
---.-,~_e`-~' .. '
Fkaoger��efety-------------------'.~`-..-^-..-_-._`,«�~~---~'�--.--~~~~~~~~--`----'
mm ~
�
SafetySigns .............................................................. ...... --'............
...... .---~~^*.... 76 �
Tr3ff�C0ntRd-------------------.
_J�� ~
_--.-_~_~.~°~`a_,~-,-�.. �
Tree Division ................................................................ ~.-"~=r ..................
~.,-.-....... -^-.-��-�---_--.- �
/\e�e|[�|innbingSafety ----------______~~,^,,~_^~__,,_~
�� -
~ ^ �
BoomLift Safety ........................................................ ............ ,_'.........
-
^ �
ChainsawSafety ....................................................... ~-"~.°w°°^- ...
,- ~~- �
-
^-
Cranes......................................................................................................
~~..^°_~~.~-.-~,~~...... ~~.... ,°79`
DumpTruck Safety .........................................................................................
..... 81
FallProtection .............................................................................................
._~...................... ___ ......... -,.^8x
Overhead Crane Safetv-------------------------
not defi ned.
Preventing Injuries fnznlFal|inQ Objects.. ..................................................
............... _.......... ____ 83
ReachLift Safety .............................................................................................
83
Stump Grinder ---------------------------~,~`-~-.-~..~..~~~~--__-_^~_-85
,
TreeRemoval Safety ......................................................................................
'......... ^°~,~~~~_~_^^,,,`~,..... 85
Tree Trimming near Electricity ---------------------__
uo
TreeTrimming Safety ...............................................................................
.=-=~__^.88
TreeWork: Chain Saw .............................................................................
_~.,".~~~_~.o/
WoodChipper Safety .........................................................................................
~-`_-�........ ...... .............. o/
Waste Management ----------------------------~^v~~__~'^^~-~~~~-^-~-~^`-^~^~~°8/
General Waste Management Procedures ........................ ......................... __~~~-_.-_.......... _,,,.-_..... °-V(
WorkplaceBehavior .......................... .............................................................
~~~-°~-_-_~,°' `88
Abuse and Domestic Violence Reporting................................................. ___ .........
Bullying inthe Workplace ------------------------_
, 88 ^
Conflict -Remaining Calm During Confn/ntotkon-------------,__89
Developing Good Work Habits .................................................................
___ ~^."~ ,uw
DisciplinaryProgram .................................................................................
89
Etiquette iDthe Workplace -----------------------.
90
Horseplay in the Workplace-----------------------_~-__
gO
LoneWorker Safety ...................................................................................
-~^~r--_~-~^,,._ ..... _-........ 80
Sexual Harassment |nthe Workplace -----------------'
__.91
Smoking in ---------------
' � __ ---�
91 �
-- - -
Violence inthe Workplace -----------------------'~_~..__~"'~-°°~,
~_~91 �
7
December 2019
Code of Safe Practices as Part of a Safety Plan.
The COSP are a set of basic safety guidelines relating to the employee's job and are intended to be used as
training tools. Employees and supervisors must both do their parts to make sure it is available and used as
intended. When workers are first employed they shall be given instructions regarding the hazards and safety
precautions applicable to the type of work in question and directed to read the Code of Safe Practices.
1 ) Actively participate in training sessions.
2) Communicate with your supervisor to ensure that all training is completed.
3) Ask your supervisor if you have questions, or do not understand the material.
4) Initial each topic as the training is completed to document that the topic was reviewed and you
understand the material.
5) Take note of where the COSP is kept, in case you need a review at any time.
Nmmm�w
Chemical Handling Safety
Exposure to some chemicals can cause severe harm and even death, but knowing the risks and how to avoid
them can help prevent chemical related injury. Before working with hazardous chemicals, you must be trained
on the safe work practices that must be followed at all times.
1) Personal Protective Equipment is required when handling chemicals. Consult your SIDS binder to verify
which personal protective equipment is required for each chemical.
2) Make sure there is a system of communication in place with other coworkers when you are handling
toxic substances. ____
Chemical substances should be stored in proper containers to minimize the potential for a spill.
Whenever possible, chemicals shall be kept in closed containers and stored so they are not exposed
to storm -water.
4) Keep areas where chemicals are used or stored clean and organized. Maintain proper labeling, and
secondary containment where necessary.
5) All chemicals must be appropriately labeled.
6) Always follow the appropriate disposal procedures.
Chemical Spills
Being prepared for spills is the best practice to protect against spill -related damages. Employees will be traineV
on proper spill clean-up procedures and will be made aware of our respbhsO plan in the event a spill should
occur, including proper waste disposal and communication procedures.
1) Use the S.W.I.M.S. system:
a. Stop working and assess the situation.
8 '
Mariposa Landscapes Inc.
December 2019
b. Warn others such as the supervisor of person in charge.
C. Isolate the area and restrict access to the contaminated area.
d. Monitor yourself and inspect yourself for any contamination and injuries.
e. Stay in or near the area until help arrives.
2\ /\spill kit must be easily accessible when required, and adequate for both the type and quantity of
materials.
3\ Only clean the spill if you are avvams of the hazerds, cleanup pnocedures, and have the appropriate
equipment available.
4) Wear the appropriate PPE such as safety glasses, rubber boots, leather gloves, hardhat, and
respirmtor.
5) Seal off all openings toany type ofdrainage system and secure all points ofexit for the spill.
G\ If oil has spiUed, place oil absorbent pada, pillows or rolls directly on the spill and continue this
process until all ofthe oil izcompletely absorbed.
7) Immediately contact your supervisor in the event of a spill.
Corrosive Safety
Exposure to some corrosives can cause severe harm, but knowing the risks and how to avoid them can help
prevent corrosive -related injury. Before working with these chemicals, you must be trained on the safe work
practices that must be followed at all times.
1) Consult the safety data sheet toknow which protective equipment that must beworn.
2\ Always add chemicals towater when diluting.
3) Wash your hands after working with corrosives, even with the use ofproper PPE.
4\ []o not store foods or drink, eat, orchew gum in any area where corrosives are stored.
5\ Corrosive containers should be stored in appropriate containers and labeled accordingly.
O\ Corrosives that are incompatible should not bestored inthe same area.
7\ Regularly inspect storage areas and containers for damage orleaks. �
------- - - --- --------'---riodi-v�nb|-G�n'�rU-hU—��a|�d onnbsiner�--�om�u|t,v�ur-��f�b/��d�t� -------'
U/\Corrosives may require periodic a tightly . ' ' �
sheet for the manufacturer's recommendations.
HAZCOM - Hazardous Substances in the Workplace
Employees must be able to identity chemicals and all hazards associated with chemicals that they may be
exposed to at work. Appropriate protective measures must be taken to avoid injury when working with these
l\ All substances inthe workplace must be correctly labeled oridentified.
2) Employees must immediately report and remove any unlabeled containers.
3) Labels on all hazardous substances must include the following:
a. An ingredient or product identifier. This label must match the product identifier found in the
Safety Data Sheets.
b. The name, address and telephone number of the manufacturer or supplier.
9
December 2019
c. Precautionary statements toremind employees of the suggested safety measures that will
minimize the chance ofinjury vvhenvvorkingvviththafsubatance.
d. A hazard statement that corresponds to the class and category of the chemical.
e. An indication of the level of severity, including "danger" (more severe) or "warning" (less
severe) labels.
[ The appropriate corresponding pictograms.
4) All employees must know where the Safety Data Sheets are located.
5) Employees must be trained and competent in the steps that must be taken in the event of a
hazardous substance emergency.
6\ See HAZCC)M program for additional information and pictograms.
Paints and Solvents
Some paints and solvents are toxic or flammable. Employees who handle hazardous paints or solvents at work
must first read the Safety Data Sheet (SDS) for the specific chemical they will be working with and agree to
follow all of the necessary safety procedures involved.
U Personal protective equipment must be worn as directed by the Safety Data Sheet.
2) Only work \nareas with proper ventilation measures.
3) Ignition sources must be removed from areas where flammable materials are handled.
4) Solvent containers must beproperly labeled and closed tightly when not inuse.
5) Areas that solvents are stored in must be cool and well -ventilated.
6\ Pmints, solvents and solvent -soaked raga must be disposed of appropriately. In some instances this
may require ahazardous waste pickup service.
Solvent Safety
Solvents are liquid chemicals used to dissolve oils, greases, and paints. They are ingredients in paints, glues,
inks, and used for cleaning and degreasing. Handled with care at all times.
Safe Work Practices
D Always read the SDS sheet and the manufacturers labeling before using any solvent.
2\ Always work inmwell-ventilated area when working with solvents.
3) D[} NOT inha\e, consurne, orallow skin contact with solvents.
4) Use appropriate personal protection equipment such as goggles, respirators, aprons, face shields,
etc.
5) Thoroughly wash your hands after working with solvents.
6) Use the minimum amount required for the job and keep lids oncontainers at all times.
7) [}onot eat, smoke, weld, burn, oruse any open flames inareas that solvents are used.
8) Dispose of solvent -contaminated raga per the manufacturers recommendations; use sealed
containers for solvent -contaminated waste.
Spray Painting Safety
Spray painting fumes are extremely flammable and combustible. Any employee working with spray painting will
be required to follow employer procedures in order to reduce employee exposure to harmful paint fumes.
Exposure to paint fumes can cause many hazards such as organ damage and harm to the skin and eyes.
10
Mariposa Landscapes Inc.
December 2019
D Always review the SIDS sheet or instructions for the paint to be used in order to select the appropriate
personal protective equipment (PPE).
2\ Always wear PIPE such as a respirator, coveralls, gloves, and ear protection.
3) Spray booths must be 3feet away from storage, flammable, and combustible materials.
4\ Inspect and maintain all equipment, especially spray guns.
5\ Wever spray the paint towards yourself orothers.
6) Do not store paint near heat orother hazardous materials.
7) []onot use highly flammable solvents and donot use solvents toclean yourself.
Driving Company Vehicles -Breaking Down
If you drive a company car for work, you should know the emergency steps that need to be taken in the event
Emyloovees are re4e.unred to follow all of the ai oxotviate steps to keep themselves
safe and make sure they are able to return to work as soon as possible. If you are in an accident or your
vehicle breaks down while driving a company car, there is a certain protocol to follow. Employees' safety is the
first priority in a situation like this, and all safety steps are required to be followed so the problem can be solved
as quickly and safely as possible.
1\ If a car breaks down or you are in on accident, do not pull into the left-hand shoulder unless
absolutely necessary.
2) Turn your hazard lights on as soon as you are stopped to warn other drivers to be cautious.
J\ Turn your wheel away from the road and put the emergency brake on.
4\ Only get mut of the vehicle if it is completely safe to do so, and get out through the passenger -side
door ifyou are parked next toabusy road orhighway.
/
5\'Stay near your �vehicle -unless 'your engine you see flames.
_-
6) Call 911 if you are hurt or stranded on a highway, unable to pull to the side of the road. �
7\ If you have flares or triangles available, set them up. One should be placed about ten feet behind �
your vehicle and the other should be placed about 200 feet behind the vehicle. �
8\ |fyou are inamotor vehicle accident, you must additionally: �
a. Call the police even for aminor accident.
�
b. Exchange insurance information with the other driver.
�
�
c. [}onot admit fault and limit your discussion ofthe accident tofacts. .
d. Take pictures of the dennaQe, if possible. �
9\ Employees must know who to contact in an emergency like this. This may be a manager. an �
assistant, nrsomebody else inyour department. �
a. Call this person as soon as the situation is stable and let them know where you are and what �
exactly happened. �
11
Mariposa Landscapes Inc.
December 2019
-*riving Defensively
Piefensive driving is a method of practicing safe driving by being aware of your surroundings, staying alert, and
being cautious. Employees are required to practice defensive driving when operating personal or company-
,*wned vehicles at work.
1) Both hands should be kept on the wheel while driving.
2) All distractions such as eating, applying makeup, or texting should be avoided.
3) You must keep your eyes on the road and check your mirrors frequently.
4) Do not operate a vehicle unless you have a current and valid driver's license.
5) Never drive while you are intoxicated, tired, or upset.
6) All traffic laws and speed limits must be obeyed at all times.
7) You must keep an adequate amount of space between you and other vehicles.
8) Always make sure that your speed matches the flow of traffic.
9) Be cautious and reduce your speed in poor weather conditions.
Driving Vehicles With Tr6ilers e a responsibility to use caution and
Op&atbirs of industrial vehides with trailers or other attachments 110V
follow 611 safety proceduteg in order to avoid causiRg damage to the 0 Uiment or the site. In order to do this,
you must be trained and authorized to operate vehicles With 6ilers-
1\ Only use the appropriate size and type nftrailer hitch that corresponds with your trailer. �
2\ Employees should inspect the tires, lights, battery, brakes, steering mechanism, and cooling systems �
of vehicles at the beginning of each shift.
3} Trailer connections should beproperly attached and secured. �
� Be aware of the gross trailer weight, and verify that it is an appropriate weight for both the trailer and �
the vehicle.
5\ Wear your seatbelt when operating any vehicle, with or without a trailer.
G)_Never °slam on_the brakes, accelerate too quickly, or try toovercorrect the trailer.
___
7) Allow a greater space cushion for breaking when towing trailers.
8) Chock trailers when loading or unloading trailers.
9) Cargo and other items in trailers must be properly secured before driving.
Triving While Tired
Driving while tired can be very dangerous, because depending on your level of fatigue, your ability to safety
irive will be affected. All employees should be aware of the causes and signs of fatigue, as well as how to
;?.void fatigue in the future.
1\ If you suspect you are getting tired you can try various methods of keeping yourself awake:
a. Take frequent breaks to get out of the car and stretch.
b. Eat healthy snack tokeep your energy levels up.
c. Try discussing anengaging topic ifyou have apassenger inthe vehicle.
2\ If none of the above methods work, employees are required discontinue driving until they have pulled
over and taken ashort power nap.
12
Mariposa Landscapes Inc.
Seat Belt Safety
The law requires that you wear a seat belt in any vehicle including cars, trucks, industrial vehicles, farm
ent I and an� other vehicle t �6 e that has seat belts installed. Employees are required to follow this law
2) Wear the seat belt
a. The lap belt should beacross the hips and below the stomach.
b. The shoulder belt should over the collarbone, over the chest, and away from the neck.
3) Make sure all passengers are wearing seat belts before driving.
4) No matter the driving distance, you ALWAYS need to wear a seat belt.
Semi -Truck Driving Safety
It is important for employees operating a semi -truck to be cautious and aware of potential hazards. Employees
should only drive a semi -truck when they are in good health and always follow safe driving practices.
l) Makes sure you are well rested before driving.
2] Inspect the truck and the load before and after driving.
3) Always wear your seatbelt when driving.
4) Beespecially cautious when driving on slick roadways, sharp curves, and during heavy crosswinds.
These conditions increase the risk ofjackknifing.
5) When approaching railroad tracks slow down, listen for mtrain, and be prepared iostop before you
get to the tracks. Certain trucks are required to stop between 15-50 feet away from the tracks.
6) Maintain good braking distances from the other vehicles.
7) Do not multi -task while driving; keep your attention and focus on driving safely.
Towing
Safety
Towing any amount of extra weight adds to the danger of driving, whether that extra weight is from a trailer or
another`vehicle. Employees must drive extremely carefully and implement all ofthe essential safety 'steps to -
avoid anaccident.
D Sudden acceleration and braking must be avoided.
2\ Employees must allow much more time ordistance when braking orpassing vehicles.
3) [)Vnot pass onhills orcurves.
4) It is recommended to use a wider than normal turning radius when towing.
5\ Your normal driving speed must bereduced when towing.
6) Un -braked trailers should never weigh more than the empty weight ofthe towing vehicle.
7) Braked trailers and their loads may weigh more than the empty weight ofthe towing vehicle only if
approved bythe recommendations ofthe trailer manufacturer.
8) All component ratings must meet orexceed the trailer weight.
y) Employees must evenly distribute the load weight as recommended by the manufacturer.
10) Before driving, all cargo must be properly secured against any movement.
13
December 2019
Truck Yard Safety
0)�Mkr tntion and envave in safe work wractices when workinR in a truck yard.
Drivers need to be cautious when maneuvering their vehicles and pedestrians need to be aware of their
surroundings at all times.
1\ Use the G.{]./\Lmethod: Get out and Look toensure your truck can be safely moved into and out of
the yard area.
2\ Whenever possible, use a spotter hoguide you through maneuvers.
3\ Never assume people are out ofyour way and pay special attention topedestrian safety zones.
4\ Obey all speed limits and keep a safe distance between yourself and other vehicles.
5\ Remain alert at all times and vva1nh your mirrors closely.
0\ Avoid backing up, especially into traffic, whenever possible.
7\ Park forwards inaparking spot toavoid backing out.
8\ [)onot ovepst*er.
3) When walking:
a. baaware ofwhat ishappening around you and never assume adriver has seen you;
b. wear high visibility vests;
o. do not distract drivers;
d. donot engage inhorseplay;
e. walk in the designated walkways and crosswalks.
Trucks and Trailers -Securing Cargo
Transporting cargo is a job that must usually be done very quickly, but safety should never be traded for
speed. Employees must avoid accidents by completely and correctly securing loads before the transporl
ve'ticle is moved.
|) Edge protectors should beapplied when using polyesterstraps tosecure loads. �
2) Employees must know the rated capacity ofall binders and chains. �
- ^---) �-Snap
- ---- -=�--- �-------- -- -sm/inoinQopen �
4) Always
close binders with anopen palm ioavoid pinchingyour fingers.
5\ Never use a"cheater pipe" toincrease leverage, asitmay snap off.
6) All chains and other equipment must be in good condition and used correctly.
7) Blocks must be used with some loads to prevent sliding, tipping' or rolling on the trailer or truck bed.
Material used for blocking must be strong enough toresist splitting orcrushing byequipment.
8) Only competent operators should drive equipment when loading industrial honka onto trailers or
using a forklift to load material.
9) When the load to be transported is material stacked in boxes, they should be properly stacked and
secured according to your employer's recommendations (recommendations listed in the Box
Handling and Stacking lesson by EEAP, Inc.).
Trucks with Outriggers
Outriggers are used to keep trucks with extension attachments, such as booms and cranes, in balance. If
outriggers are misused, the truck can tip over and cause injuries, damage to the equipment, and even deatb-
14
December 2019
D Inspect the controls to make sure they are in working mrder.
2) Check the outriggers before starting orresuming operations.
3) Test equipment before use and be sure to find anarea where the outriggers; can befully extended.
4) Follow weight limit guidelines per the manufacturer's instructions.
5) Use pads or plywood sheets to evenly distribute the weight of the truck to prevent damage to the
surface nnwhich the truck sits.
Electricity
Electrical Arc Flash
Exposure to electricity can cause severe harm, but knowing the risks and how to avoid them can help prevent
injury. Before working with electrical sources of any Nnd, you must be trained on the causes and safe work
practices that will help you avoid anelectrical arc flash.
1\ Employees who work with e|eothom| lines should be knowledgeable of the causes of electrical aro
flash. These may include:
.2. Damaged outer sheaths
b. Build-up of dust on wires
c. Improper insulation
2) Avoid energized circuits, if possible.
3) All personal protective equipment must be worn when working with electrical lines.
4) Precautionary equipment such as insulation, guardrails, and barricades must be installed.
5) Electrical lines should be regularly maintained to prevent deterioration.
Electricity -A Basic Understanding
Exposure to electricity can cause severe harm, but knowing the risks and how to avoid them can help prevent
injury. �efnna working with electrical sources of any kind_,you must be authorized and trained on the moh*
work practices that must be followed.
1 ) Employees who face a risk of electric shock will be trained in and familiar with electrically related
safety practices and clearance distances that pertain to their job assignments.
2) Only qualified persons may work on or near electric equipment/parts that have not been de -
energized. They must be familiar with the proper use of PPE, safe techniques, and insulating
3) When working near exposed live parts (either direct contact or by means of tools or materials) or
near enough to them to be exposed to any hazard they present, follow all safety practices to prevent
electric shock or other injuries resulting from either direct or indirect electrical contact.
4) All electrical equipment and systems shall be treated as energized as required by Section 2320.2
until tested or otherwise proven to be de -energized.
5) Unplug machinery, appliances, and other electrical equipment before cleaning, inspecting, repairing
or removing anything from them. Employ lockout/tagout procedures.
December 2019
O\ While any employee is exposed to contact with pada of fixed electric equipment or circuits which
have been de-energized.the circuits energizing the parts shall belocked out ortagged orboth.
7\ Do not block electrical panels with cargo or work materials.
8\ Never enter high voltage areas unless you are specifically trained to work in those areas.
S\ All electrical equipment should beproperly grounded.
1O\Power tools must be plugged into grounded outlets installed with ground fault interrupters.
11) Assume that all electrical plugs, lines, and boxes are live until itioconfirmed.
12\Never use water to put out an electrical fire.
13) When operating boom lifts or similar equipment neer power lines, be euns to obey the required
minimum distance toavoid electrocution.
Electricity -Working Near High Voltage Power Lines
Doing any kind of work near high voltage power lines has several hazards that come with it. To avoid these
hazards, employees must inspect the worksite before working and remember to practice the appropriate
safety guidelines.
1\ All power lines must beassumed tobe energized until otherwise proven.
2\ Only employees who are trained and authorized may work around power lines.
3\ When working near overhead lines a minimum clearance of 10 feet must be maintained at all times
unless the lines are de -energized and grounded or other protective measures are provided.
4\ A|vvoysrnmintaioanappropriate distance avvay�onooverhead lines. VVhenenunqualified person is
� working in an elevated position near overhead lines, the location shall be such that the person and the
longest conductive object he or she may contact cannot come closer to any unguarded, energized
overhead line than the following distances:
-For voltages toground 5OKVorbelow -1Ofeet;
-For voltages to ground over 50kV - 10 feet plus 4 inches for every 1 OkV over 5OkV.
These distance also apply to any vehicle or mechanical equipment capable of having parts of its
structure elevated near energized overhead lines.
5\ Our company does not have any people qualified towork inthe vicinity ofoverhead lines.
O\ Non -conducting tools and equipment should beused edall times.
7\ Never work indangerous weather conditions.
8\ []onot enter spaces containing exposed energized parts, unless sufficient illumination toperform the
work safely is provided.
9\ When necessary protective shields, protective barriers or insulating materials will be provided.
10) When the use of portable ladders is necessary near potentially energized lines they shall have non-
conductive side rails.
11) Conductive items of jewelry or clothing shall not be worn unless they are rendered non-conductive by
covering, wrapping orother insulating means.
Electricity Safety - Low Voltage
Employees who work with low voltage systems must do all they can to apply the necessary safety steps and
prevent accidents from happening. Even though low voltage injuries are less likely to be fatal than high
voltage injuries, it is still important to know the risks involved and know how to protect yourself.
December 2019
1) Wear all ofthe required personal protective equipment for electrical jobs.
2\ Only work on de -energized systems, if possible.
3\ Make sure all equipment isgrounded.
4\ Only use tools for their intended purpose.
5) []onot doelectrical work inwet conditions.
O\ If anybody gets shooked, make sure they seek rnedioo| treatment whether or not they are showing
symptoms. Call 911 if any signs of ventricular fibrillation are present.
Assured Equipment Grounding Conductor Program / GFCI
Our company uses ground -fault circuit interrupters (GFCIs) on any and all 120 -volt, single phase 15A or 20A
receptacle outlets which are not a part of the permanent wiring of the building or structure. For personelle
protection GFCIs are provided for any such receptacles in use by employees. The only exception is when the
receptacles are from a two -wire, single phase portable or vehicle -mounted generator rated for no more than
5kW, where the circuit conductors are insulated from the generator frame and any other grounded surfaces.
Burns - Kinds and Treatment
Employees who are exposed to high hest, chemicals, e|eothnKy, or radiation are all at risk for burn injuries.
To avoid this, you must wear the proper personal protective equipment and be avvana of all of the
preventative safe work practices that must befollowed.
1. You must be aware ofthe types ofburns and first aid steps that can betaken.
2. lfany chemicals spill unyour clothes, remove any contaminated clothing and jewelry.
3. If the burn is caused by electricity, turn off the electrical source immediately.
4. Never attempt to administer first aid to o burn victim who is still in contact with live electrical �
equipment.
5. First degree bum treatment includes:
a. Flush with cool running water.
b. Apply moist dressings and bandage loosely.
O. Second degree bum treatment includes:
a. If the burn has no open blisters: flush with cool running water, apply moist dressings, and .�
bandage loosely. �
b. If the has open blisters: seek medical attention, apply dry dressings, and bandage loosely.
7. Third degree bum treatment includes:
a. Immediately call for medical help and remove clothing from the burned area unless it is stuck
to the burned area.
b. Submerge the burned area incold running water, pat dry, and apply mloose sterile bandage.
17
Calling 911
In on emergency situation. 911 is a number that you can call to alert dispatchers to send emergency
responders toyour location. Employees are required to know what situations constitute an emergency, and
how to handle making a call to 911.
1\ When calling 811.one ofthe most important things hatostay calm.
2\ If you reach a recording that says your call cannot be comp|eted, hang up and try again. If the
recording says all call -takers are busy, wait onthe line for the next available call -taker.
3\ Beprepared torepeat your location and the number you are calling from. 911 call centers may have
enhanced locating systems, but they are still required 10confirm the information.
4\ Be prepared to describe victims, suspects, vehicles or other parts of the scene.
5\ Answer any questions the call -taker asks clearly and calmly.
8\ In some cases, the call -taker will give you directions. You must listen carefully, follow each step
exactly, and ask for onexplanation ifyou don't understand.
7\ []onot hang upthe call until directed todosobythe ce||-teker.
Earthquakes
During on earthquake, employees are required to know their assignments and all applicable emergency
procedures. If you work in an area where earthquakes are common, there is no way to know when it will
happen suyou must always beprepared.
1\ Before an emergency happens, you should be prepared by knowing the location of first aid kits, fire
extinguishers, and other emergency supplies.
2\ Employees must beknowledgeable ofall escape routes applicable buthem.
3) Duck and cover by finding a table, desk or other piece of equipment, covering your head, and holding
onto the table, desk orequipment |e8.
4\ If you are in an area without equipment to duck and cover under' move into a bm||wmy or against an
inside walland stay clear of vviOdOvvo, shelves, and any heavy 'objects.
--- - --------
5\ |fyou are inahazardous materials area, leave the area immediately.
6\ Be cautious and attentive for failing debris when exiting the building.
7\ C)nma outside, get into an open area away from buildings, power lines, or trees.
Emergency Action Plan
During a workplace emergency, employees are required to know their assignments and all applicab
emergency procedures. Whether the emergency is a natural disaster, work place accident, or other type
emergency, you must always be prepared. An emergency action plan is available in writing at the ma
worksite. This plan includes procedures for reporting a fire, medical or other emergency. Evacuati
procedures and exit routes based on type of emergency will be included in the plan. If more information
need about the emergency action plan there will be a list of employees provided to contact. The plan will
reviewed when employees are initially assigned to a job, when an employee's responsibilities under the p11I
change, and when the plan is changed.
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Mariposa Landscapes Inc.
Employees should be aware of the alarm system and be able to distinguish and recognize signals to
evacuate the work area or perform actions designated under the emergency action plan. For workplaces
with 10 or fewer employees, direct voice communication is the procedure for sounding the alarm.
Employees must be trained and aware of the following aspects of the emergency action plan:
1) Procedures for reporting a fire nrother emergency;
2\ Procedures for emergency evacuation, including exit route assignments;
3) Procedures to be followed bvemployees who remain behind to perform critical actions before they
evacuate;
4\ Procedures toaccount for all employees after anemergency evacuation iscompleted;
5) Procedures to be followed by employees performing rescue and medical duties;
6\ Names or job titles of employees who can be contacted for further information about the plan or an
explanation ufduties and expectations.
Exits and Egress
Safe end is aviha\ part ofany escape plan and employees are required to know all exit routes in detail. A
dangerous situation can be made even more chaotic if employees are not familiar with their emergency
action plan.
1) Employees must not store unnecessary items in walkways.
2) You must be familiar with multiple paths of exit.
3) Employees are not to tamper with exit signs.
4) If you notice items or material blocking a walk way, do your part to fix it.
Eye Wash and Shower Stations
Employees who are exposed toharmful chemicals sdwork should take every step necessary toensure their
health and safety. You nnucd be aware of the safe work practices that must be followed at all tinneo, and know
how to use an eyewash and shower in case of an emergency.
1) Employees must know where the eye wash and shower station is located.
2) You must be sufficiently trained on how to use the eyewash and shower station before an emergency
3) The path to the eye wash and shower station must be kept clear at all times.
4) Do not use the eye wash or showers for anything other than its intended purpose.
5) Employees must replace cap covers on the eye wash spouts to keep contamination out.
6) The eyewash must be inspected at least once a month.
7) Damaged eyewash or shower stations must not be used until they are repaired.
8) Eyewash stations must be activated at least monthly to ensure correct operation.
First Aid
First-aid is the emergency treatment of the wounded or sick before professional medical services can arrive
on the scene. If medical assistance is not reasonably accessible in terms of time and distance to the
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December 2019
worksite a person who has a valid certificate in first aid will be available at the worksite to render first aid.
First-aid will be rendered by a person certified by the American Red Cross (or equivalent.)
l) Employees must know where the first-aid kit, fire extinguishers, and exits are located.
21 A first-aid kit will be easily accessible and readily available when necessary.
3) The supplies in first-aid kits must be appropriate for the environment, stored in a weatherproof
container and sufficient for the number ofpeople at the job site.
4) First -aids kits must be checked weekly and remain adequately stocked.
5) |fproper equipment for prompt 1ranapo�ationofthe injured penaontoaphyoicianorhoopita|ia
unavailable, a communication system for contacting necessary ambulance service will beprovided.
6) Emergency phones numbers should beposted for quick responses.
7) Before administering first aid, assess the scene for safety.
8\ Where the eyes orbody ofany person may beexposed toinjurious orcorroaivenneteha|s.ouitab|e
facilities for drenching the body or flushing the eyes with clean water shall be conspicuously and
readily accessible
9\ If the victim is awake, you must identify yourself and ask if it is okay to help.
lO)|fthe victim appears weak, very ill, orinjured mndunnasponsive'ca||311imnnediate|y.
ll\ Personal medication should never be stored in first aid kits.
12) Employees should be familiar with the signs and eyrnptnnns ofshock which may include pale, dannrny
skin, dizziness, weak pulse, rapid breathing, thirst' nausea and vomiting.
13) The first priority of treating shock is to control bleeding.
l4)|fyou orany employee shows symptoms ofshock, call B11 immediately.
Oil Spill Safety Procedures
Employees who dean up oil spills at work may face potential hazards from oil fumes, byproducts,
dispersants, or degreasers. All safety steps followed in order to do this task correctly, and employees who fail
tofollow the safe work practices will be subject to disciplinary action.
Safe Work Practices
l) Keep excess oil stored indesignated |Vcatonsondinpropens'UoontainnnenL
2) Spill response kits should be stocked with all necessary items for oil cleanup.
3> The spill response team must be alerted immediately when there is anoil spill
4) Correct personal protective equipment must beworn when cleaning upoil.
5) Containment of the oil spill must be first priority:
m. Form a dam around the spill with the correct absorber to prevent it from spreading — all
absorbents must beused according tothe manufacturer's instructions.
b. Sweep upand properly dispose ofany residue orwaste.
6) Replace the absorbent and nap|aoa or decontaminate personal protective equipment used
immediately after cleaning up the spill.
7> Report any oil apU| that cannot be completely contained and cleaned up ifitdischarges into a storm
dnain, creek, bay, the ooeon, orany outdoor soil or paved surface by contacting Environment, Health
&Gofetv. /858\534-7513.
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Fire Extinguisher
Employees who work in any area with potential fire hazards must be trained and aware of the possible risks,
and what to do in case of an actual fire. Employees must not use fire extinguishers unless they have been
properly trained on how to do so correctly.
1) Employees should know where all nearby fire extinguishers are located.
2) Fire extinguishers must always be mounted in readily accessible locations.
3) Employees will be retrained on how to properly operate the fire extinguishers annuall
4) Only the correct type of extinguisher should be used for the particular fire:
a. Class A: For ordinary combustible materials, such as wood and paper.
b. Class B: For flammable liquids and gases.
c. Class C: For energized electrical equipment.
d. Class D: For combustible metals, such as magnesium.
e. Class K: For cooking oils, grease, or animal fat.
f. Halon: For sensitive electrical equipment or aircraft parts.
5) Fire extinguishers should be visually inspected monthly by a competent employee.
6) Fire extinguishers must undergo an annual maintenance check.
Fire Hazards in the Workplace
Employees who work in any area with potential fire hazards must be trained and aware of the possible risks,
and what to do in case of an actual fire. Employees must not only be trained on fire prevention techniques,
but on how to use a fire extinguishers properly.
1) Employees must be aware of potential fire hazards in their work area.
2) All Ronessential electric equipment must be turned off at the end of the day.
3) Never overload electrical circuits or extension cords.
4) Make sure combustible dust does not buildup.
5) Trash and debris should be cleared regularly.
6) Keep ignition sources far away from sources of fuel.
7) Store flammable materials below their auto -ignite temperature.
8) Doors, hallways, stairs, and other exit routes must be kept free of obstructions.
9) To reduce fire hazards, remember the acronym LIES:
a. Limit the amount of flammable liquids in storage.
b. Isolate and store chemicals in approved containers stored in enclosed cabinets.
c. Eliminate products you don't need by safely disposing of them.
d. Separate incompatible materials (i.e. don't store flammables near corrosives).
Fire Sprinkler System
Fire sprinklers can be very useful, and employees who work in buildings with fire sprinkler systems should
understand how they work in relation to the emergency action plan.
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December 2019
1) Employees should understand that smoke alone will not trigger a fire sprinkler system.
2) When a fire sprinkler system goes off, only the required amount of sprinklers will discharge.
3) It is important to know what type of fire sprinkler system the building is equipped with:
a. Wet pipe system — the pipes are full of water ready for activation at any moment.
b. Dry pipe system — the pipes are full of compressed air and upon activation, the sprinkler heads
must release the air to allow the system to be filled with water.
c. Pre -action system — upon first detection of fire, the pipes fill with water. Then this turns into a
wet pipe system in which the individual sprinkler heads must be activated to spray.
d. Deluge system — triggered by a smoke detector or heat detector, but instead of requiring an
additional sensor, every sprinkler head is always open and each one goes off without delay.
Flammable Liquids -Safe Handling
Employees who work in any area with potential fire hazards must be trained and aware of the possible risks,
and what to do in case of an actual fire. Employees must not only be trained on safe handling of flammable
liquids, but on how to use a fire extinguishers properly.
U Employees must read the manufacturer's label on the container of any Oarnnnabhe liquid before
storing, handling, orusing it.
2] Always practice good housekeeping inflammable liquid storage areas. �
3) Approved safety containers must be used tnstore flammable liquids.
4\ All flammable liquid storage containers must begrounded.
5) Flammable liquids should only be used where there is plenty of ventilation.
6) Appropriate personal protective equipment must beworn when working with f|arnrnab\eo.
7} Flammable storage cabinets must have:
*. VVe||-fitted, self-closing doors. �
__--_-b. A three point
o. Clear markings with aconspicuous label. �
Halon Fire Extinguisher
Employees who work in any area with potential fire hazards must be trained and aware of the possible risks,
what to do in case of an ootum| fire, and whether or note halon fire extinguisher is necessary. Employees
must be avvana of the certain safety precautions that must be observed when operating a halon fire
extinguisher.
D Halon fire extinguishers are used mainly for electrical fires or fires near sensitive equipment that
would be very costly to replace.
2) Employers must assure that the extinguishing concentration is reached within 10 seconds of
discharge.
3) Concentrations ofHalon 13O1 may not exceed 7percent inareas where exit cannot be accomplished
within one minute.
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4) Concentrations of Halon 1301 may not exceed 10 percent in areas where exit can be accomplished
between 3Oand 6Oseconds.
5) Concentrations of Halon 1301 may not exceed 10 percent in any area normally occupied by
employees.
6) Halon 1211 extinguishers must be hydrostatically tested at the factory teat pressure and are not to
exceed two times the service pressure.
Acetylene Safety
Acetylene gas is commonly used in welding and must be handled, stored, and transported safely to avoid a
harm or accident. Mishandling may result in leaks, explosion, fire, and disciplinary action leading up to a]
SEMMEEMEEM
Applicable safe work practices include the following, as well as all manufacturer recommended safe wo
practices, and any additional safety guidelines given to you by your supervisor: I
1\ Donot use acetylene otapressure ofmore than 15pounds per square inch.
2\ Donot use bars bVpry the acetylene cylinders from the ground ifthey are frozen inplace. Instead,
use warm (NOT BOILING) water 10 defrost the cylinders.
3\ Never weld or cut on an acetylene pipeline.
4\ Use only non -sparking tools toopen acetylene cylinders.
5\ Besure acetylene piped systems and associated equipment are grounded.
0) Always have anABC fire extinguisher nearby.
7) Keep acetylene cylinders atleast 35feet away from the actual welding orcutting operation sothat
sparks, hot slag, orflame will not reach them.
—��---Air `Compressors
---- -�'��—�------ —��----=--
Air compressors are apopular energy source that powers avariety oftools and equipment using compressed �
air. The compressed air used is highly pressurized and can bevery dangerous if used incorrectly so it is �
essential that any persons operating this equipment are familiar with both the hazards involved, and the �
necessary steps required to reduce those hazards.
1\ Compressed air and other compressed gases inexcess of1Opounds per square inch gauge shall not
be used to blow dirt, chips or dust from clothing while it is being worn.
2\ Use an air nozzle that allows no more than 30 psi. /pounds per square inch), of pressure. This may
require using o pressure -reducing nozzle.
3\ A constant pressure trigger must be used to stop air flow once the nozzle is released.
4\ If possible, use a chip guard or an air curtain around the nozzle to help reduce fly back.
5) Personal protective equipment such as safety goggles oreface shield should heworn.
0\ Once you have protected yourse\f, you must make sure that any coworkers in the area are also
protected.
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Mariposa Landscapes Inc.
Air Hose Safety
Air hoses are used along with air compressors and must be handled, stored, and transported safely to avoid
harm or accident. Mishandling may result in: leaks, injuries caused by violent whipping action, and
disciplinary action leading uptoand including termination.
1) The correct hose must be able towithstand more pressure than you anticipate using.
2\ Compressed air hoses with o 1 inch or larger inside diameter to be chained or otherwise restrained to
make sure the hose does not whip if it disconnects.
3\ Before using the hose, inspect i{for damage orsigns offailure such aslumps, leaks, and flattened or
kinked areas.
4\ You must be able to securely attach all connections and couplings to reduce the chance of them
coming loose.
5\ Do not yank the compressed air hose if it gets caught around an object or corner.
8) All applicable personal protective equipment must be worn at all times.
Battery Acid Spill Plan
Exposure to battery acid can cause severe harm, but knowing the risks and how to avoid them can help
prevent battery acid related injury. Before working with this anything that requires batteries, you must be
trained on the safe work practices that must be followed at all times.
1\ Personal protective equipment that must be worn to dean add spills includes a vinyl aprun, shoe
covers, splash proof goggles, afaoe shie\d, and nitrile gloves.
2\ You must correctly identify the specific material that is spilled before cleaning.
3) After the spilled material has been identified, containment is the first priority.
4\ Safely remove damaged battery from the spill location.
5) The battery must only bedisposed ofinaproper place.
----
' Any ------ swept
residue orwaste �'--must
--be----'-opand properly -disposed of. - ----- --- -
7\ When finished cleaning up the spill, employees must nap|moe all materials used as well as any
personal protective equipment used; or you may choose to decontaminate the personal protective
equipment with a neutralizing cleanser.
Battery Handling Safety
Batteries contain chemicals that can he very damaging to the eyes and skin. If you work with or around
batteries you must handle them carefully and know the precautions that should be taken should an accident
occur.
1) Only use non -sparking tools when working with batteries.
2) Do not climb on or lean over the battery while it is charging or testing.
3) Avoid wearing metal watches or jewelry while charging a battery.
4) Any open flames or smoking is prohibited in the battery charging area.
5) Avoid overcharging batteries.
December 2019
i) Proper personal protective equipment must always be worn to protect yourself.
7) When wearing safety boots, do not tuck your pant legs into your boots.
8) Remember to use proper lifting techniques when lifting batteries.
Carbon Monoxide Safety
Employees who work with or around carbon monoxide should take every step necessary to ensure their
safety and the safety of those around them. You must be ovvans of the hazards involved as well as the safe
work practices that must befollowed etall times.
Safe Work Practices
1\ Avoid running fuel powered engines indoors, even ifthe door isopen.
2\ Besure totune gas powered equipment regularly tobe sure that carbon monoxide emissions are as
low as possible.
3\ Make sure there isadequate ventilation inwork areas.
4\ Test carbon monoxide levels regularly and leave the area if the air quality is inadequate.
Percent of
Symptoms experienced by healthy
CO in the air
adults
.0035%
No effect in healthy adults
.01 %
Slight headache, fatigue, shortness
of breath, errors in judgment
02%
Headache, fatigue, nausea,
dizziness
400 ppm
.04%
800 ppm
.08%
1500 ppm
Severe headache, fatigue,
nausea, dizziness, confusion, can
be I ife-D0pearenmQ-after u - hours of'
exposure
death if exposure is prolonged
Headache, dizziness, nausea,
Death within 3Qminutes
Death within 10-15 minutes
Nearly instant death
25
Car Lift Safety
Car lifts can be very dangerous, so it is very important for employees who work with them to make safety a
number one priority. According to OSHA records, the majority of car lift related injuries are preventable, so
not adhering to the safety rules will lead to disciplinary action leading up to and including termination.
1\ Never attempt to operate the lift if you have not been trained or authorized to.
2) Do not lift a car that exceeds the limit of the lift and never lift an occupied vehicle.
3\ Never try to fix or modify the lift unless you are authorized to.
4\ Always securely chock the wheels.
5\ Make sure the lift locks securely and donot use ifany ofthe locking devices are loose.
6\ Wear safety glasses when under the car sodust and oil donot damage your eyes.
7\ Everyone must beclear ofthe lift before the car iolowered.
8\ Stay alert while raising orlowering the vehicle.
8\ Keep the area free ofspills and debris that could cause slips orfalls.
Drill Press Safe-
�
Employees who workvithadhUpnassesmustbefu(k/awansendinstnuctedVnthehazardsinvolvedasvvel|
as the safe work practices that can beused toreduce those hazards. Any employee found not observing the
safety rules will be subject to disciplinary action.
1) You must beauthorized and trained nnthe safe work practices before operating.
2\ Inspect all parts ofthe drill press for malfunctioning ordamaged parts.
3\ Your hands should never come within 3inches ofthe drill bit orcutter.
4\ Maintain a dean workspace to reduce slipping hazards.
5\ Personal protective equipment must be worn when operating the drill press.
_ _6)Always use the �appropriate v_size _and type of drill bit for the _drill _press. _
7\ Loose clothing, jewelry, and long hair either not beworn o. contained.
8) Never leave the drill press while itis still on.
9) Guards must never be modified or removed.
-:1ectrical Soldering Safety
Soldering can be hazardous, but only if the proper safety guidelines are not observed. Using the correct
technique and personal protective equipment (PPE) can help protect you and others from serious injury.
1\ Never solder onelectrical circuit unless it has been de -energized.
2\ Make sure touse the correct size soldering iron for your projects.
3\ Employees must solder in a well -ventilated space to prevent the buildup oftoxic fumes that may
cause eye orthroat irritation.
a. Portable local exhaust ventilation
4\ Use lead and rosin -free solders whenever possible to minimize occupational hazards.
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5) Soldering irons should beput back intheir stands when not inuse.
a. Secure soldering stands by making sure they are weighted or attached to the worktable.
o Never place ahot soldering iron anywhere other than the soldering stand.
6\ [)o not attempt to catch a hot soldering iron ifi1falls.
7\ Let recently soldered surfaces mfew minutes tocool down before touching it.
8\ Flammable materials should never be stored near your soldering iron.
9\ E\octr|ne| soldering devices must begrounded and defective soldering irons must beremoved from
service.
1O)Unplug and properly store your soldering iron when not inuse.
11\Employees should beaware nfthe location offire extinguishers intheir workplace.
Extension Cord Safety
Extension cords one very usefu|, but they can be very dangerous if used incorrectly. It is essential that any
persons handling extension cords are familiar with both the hazards involved, and the necessary steps
required to reduce those hazards.
l\ All extension cords must beconnected toaGFC| receptacleorthe extension cord must have GFC(
protection built-in.
2) Do not exceed the maximum voltage requirements when using extension cords.
3\ Extension cords should never hang suspended in walkways or anywhere else that presents athp
hazard.
0 Put the extension cord away inits proper storage place after each use.
5) Dnnot store extension cords outside Vranywhere they will be exposed todamage.
6\ Make sure extension cords always have enough slack.
7) Do not coil the cords too tightly. This will cause the wire to bend and become weak, which will
damage the extension cord.
8) [)o not pull on the cord todisconnect it; insdead, grasp the plug firmly and pull it out. This will damage
the prongs and damage the 'wire -where itconnects to the prongs.
Use extension cords for temporary situations. Extension cords wear out quick|y, and electricity is too �
dangerous tobeharnessed with damaged equipment
Forklift Safety - Pedestrians
Forklift operators and pedestrians both have safety responsibilities when sharing the same space. High traffic
areas are more likely to have accidents and additional safety precautions are required in these areas that
may not otherwise beneeded.
When driving forklifts in areas with possible pedestrian traffic, all general forklift safety rules must be followed
as well as the following:
1) Sound the forklift's horn when entering blind corners, doorways, or aisles.
2) Never allow riders unless there is a seat specifically intended for a passenger.
3) Use a spotter if you need to in order to navigate a crowded area or tight space
4) Use eye contact and hand signals to indicate to pedestrians to stand clear. I
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5) If you must cross an area on foot vvhena forklifts are being operated, you must observe the fd|ovvnB
safety rules:
o. Make eye contact with forklift operators, toconfirm that they are aware of you.
b. Do not walk across restricted areas intended only for forklift travel.
c. Stay clear of forklifts in motion and be aware of any blind spots the driver may have.
d. Never pass underneath a load elevated by a forklift.
Forklift Safety
Forklifts are necessary in many industries, but they also introduce new hazards to the workplace. Forklifts arA
not to be operated by employees who are not authorized and certified, and any employee who handles them
must use caution to follow all the applicable safe work practices.
Q Forklifts should be inspected by a competent employee at the beginning of every shift.
2) Only trained mechanics are authorized to perform repairs on forklifts.
3) No employee is to ever operate a defective forklift.
4) While operating, all posted speed limit and stop signs must be observed.
5) Operators of forklifts must pay attention for pedestrians, obstacles, and road surfaces.
6) Turns must be taken slow and carefully.
7) The forklift should not be loaded with any materials heavier than the maximum capacity.
8) When transporting tanks, cylinders must be positioned correctly on forklifts.
9) Employees must make sure there are no leaks in the tank or valves after transportation.
10) Cylinders should remain upright during transportation.
11) Do not store the cylinders in areas of heat or ignition sources.
12) Cylinders must be stored where they cannot be easily tampered with.
13) When approaching the load, go carefully and slowly while keeping the forks level.
14) Employees must make sure that there is enough overhead clearance before lifting a load.
15) The forks should be inserted to at least 2/3 the length of any load.
-Loads that are damaged, torn, orunbalanced in any way shouldnotbe1ra
17) Operators should not carry all the weight ofthe load cdthe tip nfthe forks.
18) Employees should never tilt loads forward, except when the load is being set down.
19) Always return the mast to a vertical position before lowering the load.
20) When lowering and raising loads, do so slowly to avoid striking the ground or other objects.
Freon Safety
Exposure to Freon can cause severe honn, but knowing the risks and how to avoid them can help prevent
injury. Before working with Freon, you must be trained on the safe work practices that must be followed at all
times.
Safe Work Practices
1\ All work areas must bewell ventilated when working with Freon.
2\ It is important to know that the concentration of Freon near the floor will be much heavier than it is at
chest and face height, because Freon iaheavier than air.
3\ You must use an eyewash or shower immediately after coming into contact with Freon.
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4) Do not weld in any area with heavy concentrations of Freon.
5) Never mix Freon and other chemicals that may react negatively with
Gasoline Safety
Exposure to gasoline can cause severe irritation, but knowing the risks and how to avoid them can help
prevent injury. Before working with gasoline, you must be trained on the safe work practices that must be
followed at all times.
1) Do not use gasoline as an accelerant, solvent, cleaning solution, or insect killer.
2) Keep gasoline a safe distance away from any igniters such as hot works, hot surfaces, electrical
equipment, or smoking and lighting machines.
3) Never attempt to induce vomiting if gasoline is ingested.
4) All workplaces with gasoline must be equipped with all required fire extinguishers, eye wash stations,
and shower stations.
5) Keep gasoline in approved closed containers when not in use.
6) Clean up gasoline leaks or spills thoroughly and immediately.
7) Do not store gasoline near exits.
Glue Gun Safety
Employees should only use glue guns if they have been thoroughly trained on the safe work practices
involved. Safe handling of glue guns is mandatory and can prevent dangerous accidents such as burns or
even fires.
Safe
or Practices
1) Employees must always choose glue that is intended to be used for the specific type of gun at the
workplace.
2) Only use glue guns on large, flat surfaces that are well lit and free of clutter.
3) Do not keep flammable materials of any kind in areas where glue guns are used or stored.
4) --Do-not-use glue guns while wearing dangling jewelry, or, loose sleeves. Long, close -fitting sleeves are
encouraged.
5) Always turn the glue gun off if you step away from the work area for any reason.
6) When gluing at awkward angles where the glue may drip, employees must wear personal protective
equipment such as gloves and goggles.
7) Never touch the nozzle or glue as it is coming out of the nozzle.
8) To prevent overheating, do not use the glue gun for longer than the manufacturer recommends.
9) Glue guns must be cooled off and unplugged before storing in their appropriate places.
Grinders - Bench Grinder Safety
Employees who operate bench grinders must be fully aware and instructed on the hazards involved as well
as the safe work practices that can be used to reduce those hazards. Any employee found not observing the
safety rules will be subject to disciplinary action.
1) Only employees who have been authorized • their employer may use ♦` grinders.
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2) All bench grinders must be secured to the working surface before use.
3) The tool rest must be properly secured and adjusted to no more than 1/8 of an inch.
4) Visually inspect the wheel to make sure no chips or cracks have developed during storage, because
using damaged wheels may cause them to break when operated.
5) The bench grinder should be inspected before use to ensure that everything is attached and working
properly. Any parts found to be in disrepair will render the bench grinder inadequate for use until
maintenance is done.
Grinders - Portable Grinder Safety
The correct techniques and safety equipment must always be used when using aportable grinder. Toreduce
the risk ofknown hmzonds, you are required towear all applicable personal protective equipment and follow
all of the safety guidelines.
D Employees must verify that the grinders are not too weak, old, mworn tVteused.
2) Electrical cords may not be frayed, cracked, ordamaged inany way.
3) Each grinder wheel must bethe appropriate type and size for the tool.
4\ Employees must not operate grinding wheels above the recommended RPM.
s) All portable grinders must have their guards securely uttaohed, in good condK\on, and adjusted
correctly.
6\ Any damaged components of the grinder must be promptly repaired or replaced before use.
Heat Gun Safety
It is very important that employees who operate heat guns do so safely and only after they have been
properly trained. Even though the hot air is less dangerous than a naked flame, heat guns can still cause
serious damage.
1) Do not use heat guns in poorly ventilated areas.
2) Heed guns must never be aimed at flammable or glass noai*he\s.
3) Always use the heat setting recommended bvthe manufacturer for any given task.
4\ Never aim the heat gun at others' yourself, or clothing.
5) Do not look into the heat gun while it is on.
6 D 1 | the heat directly against any nbi�ot you �r� heating, or cover the air inlet grills.
) ono poo� � �� gun -~ . .
Overheating and possible fire may result ifthe air flow isrestricted.
7) Heat guns should not beused for stripping lead-based paints.
8) Use caution when operating a heat gun around materials that have been soldered because the heat
can melt the solder and cause further issues.
9) Turn the heat gun off when you will beleaving itfor any amount oftime.
10) Allow the heat gun to cool for a period of time instead of storing it directly after use.
Anyone who adjusts, cleans, installs, operates, repairs, or dislodges jammed machinery or equipment on the job
teeds to be aware of the hazards associated with their task. Any powered machinery or electrical equipment
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December 2019
with movable parts has the potential to harm an employee if not properly locked out or tagged out prior to
servicing. "Locked out" means that the machinery or equipment has been secured by disengaging the power
source, and blocking or locking the moveable parts to prevent injury from inadvertent or unexpected movement.
Power sources could include any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or
other energy. The machinery cannot be restarted until the lockout device is removed. "Tagged out" means a tag
I !!! ,,, ri-d nt t'iie controls of the power source of the machinery or equipment that indicates it is prohibited
to restart or operate the machinery or equipment during servicing or repair. LM 1 19
to any repair or service being performed.
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(a) This inspection will be performed by an authorized employee other than the ones utilizing
the LOTO procedures being inspected. And shall include a review between the inspector
and authorized employees who utilize LOTO procedures.
(b) The inspections certification shall identify the machine or equipment on which the LOTO
procedure was being utilized, the date of the inspection, the employees included in the
inspection, and the person performing the inspection.
Training will be provided to all employees involved with LOTO procedures to ensure that the purpose
and function of the energy control program is understood and that the knowledge and skills required
for the safe application, usage, and removal of the energy controls are acquired. The training will
include: recognition of hazardous energy source, type & magnitude of energy available, methods &
means necessary for energy isolation & control, when tagout systems are used, the limitations of a
tag (tags are warning devices & do not provide physical restraint). The training will also include that a
tag is not to be removed without authorization and is never to be ignored or defeated in any way.
2) Retraining will be provided for all authorized and affected employees whenever there is a change in
job assignments, machines, equipment or processes that present a new hazard, or when there is a
change in the energy control procedures. Additional retraining will also be conducted whenever a
periodic inspection reveals that there are deviations from or inadequacies in an employee's
knowledge or use of the energy control procedures.
3) Employee training will be certified and kept up to date. The certification shall contain each
employee's name and dates of training
Oxygen and Acetylene -Cylinder Storage
The correct techniques, chenn|ma!o' and safety equipment must always be used when working with oxygen
and acetylene. To reduce the risk of known hazandu, you are required to wear all applicable personal
protective equipment and follow all of the safety guidelines.
4\ Cylinders must beprotected against physicaland mechanical damage, high tem/peratunas.and
tampering bvonunauthorized person.
5) Oxygen cylinders shall either be separated by a distance of 20 feet or by a barrier at least 5 feet high
and having ofire-resistance rating ofstleast one hour.
6) Acetylene and liquefied gas cylinders must be stored valve end up. The valve shall beclosed, with
the proper protective device in place.
7) Employees must not use valve protection devices for lifting cylinders.
8) Goo cylinders must be stored in substantial racks oreffectively secured toother rigid structures so
that they will not fall orbeknocked over.
9) Under no circumstances are cylinders to be used as rollers to move other objects.
lO) Stone gas cylinders in assigned places away from e|evatore, stains. or gangways.
December 2019
Plasma Cutting Safety
Plasma cutting poses many dangers, including electrocution and UV damage. Employees performing these
tasks must remember to follow all safety precautions and procedures in order to remain safe during
EM
D Wear the proper welding clothing such as shaded eye protection, onask, k7n8 sleeves, pants, gloves,
and work boots.
2\ Inspect the wiring prior bzuse and make sure the gas used has iocorrect pressure.
3) Use m grinder to remove the coating on coated metals. Do not use heat to burn or melt the coating'
as it will create toxic fumes.
4) Familiarize yourself with the material you will be cutting by consulting the SDS sheet.
5) Choose omachine that can handle approximately twice the normal cutting thickness.
6) Never touch the torch body' work p|ece, or the water in a water table when the plasma system is
working.
7\ Never leave the plasma cutter running unattended and when finished, leave the work area in a safe
and clean condition.
Pneumatic Tool Safety
Pneumatic tools are powered by compressed air, which makes these tools wary povverfu|, and can lead to
serious injuries if used improperly. Therefore, it is crucial for employees to follow all safety guidelines when
operating any pneumatic tool.
Safe Work Practices
D Read the entire instruction manual before you begin operating the tool.
2\ Regularly inspect, clean, and maintain tools and hoses.
3) Wear personal protective equipment toprevent injuries.
a. Safetyg|asoes/face shields
b. Boots
----`~- --- '' c' Heavy gloves - ---- - -`--``- -- - ----- `~--~--
d. Ear protection
4) [)onot use any attachments that donot belong with the tool.
5) Donot exceed the manufacturer's recommended air pressure.
6) Never use compressed air onyourself Vrothers.
Power Tool Safety
Employees must be trained on proper use of any power tool prior to use. Power tools must be properly
maintained per the employer and nnmnufmntunena recommendations and any tool not functioning properly will
betagged out and labeled "Do Not Use.^
l) Inspect the tool before each use checking for nnhsoinQ parts' cuts in the cord insm|abVn, defects in the
housing tool, and any problems with guards and safety shut-off switches.
2) Wear personal protective equipment such asgloves, earplugs, and eye protection.
3\ Keep the work area clutter free and well lit.
33
4) Only use the tool for its intended use.
tools have a power cord, keep it in sightto avoid tripping or • the cord.
f Read and follow the owner'sfor proper use and maintenance of i f
Pressure Washers
Pressure washers operate at pressures from1,000-5,000 psi, meaning they are capable of • serious
property damage and personal injury. To prevent these hazards from occurring, employees will follow
equipment safety, usage safety, and personal safety when operating a power washer.
• -
1) Check the parts and engine oil level before each use.
2) Never refuel when the engine is hot or running.
3) Do not spray near electrical sources such as power lines and fuse boxes.
4) Do not exceed the manufactures safe operating pressures for hoses, valves, and other fittings,
5) Wear safety goggles or a face shield and ear protection.
f •'r ii • • •
Propane Safety
Propane is a trusted energy source and commonly found at the workplace but it is a highly flammable gas.
Employees must handle propane with care and follow all safety procedures in order to ensure the safety of
themselves and others around them.
1) Wear personal protective equipment whenever handling propane.
2) Keep away from flames, smoking, or other sources of ignition.
3) Keep the tanks grounded to eliminate the buildup of static electricity.
4) Do not extinguish a leaking gas fire unless the leak can be stopped.
5) For small fires use dry chemicals or CO2 to extinguish the fire; for large fires you should call 911 and
use water spray or fog if it is possible to extinguish the fire yourself.
6) If a spill or leak occurs:
a. Eliminate all ignition sources and ground all equipment used;
b. Have a qualified person stop the leak;
c. Isolate the area until gas has dispersed.
Sanding
Using a sanding machine can be a dangerous task if safety precautions are not followed. Accidental contact
with the disc or drum can remove the skin, fingers can be caught in the belts, and hazardous chips and dust
can cause skin, eye, and lung irritation. When using any sanding equipment, employees will follow all safety
procedures to avoid any and all hazards.
1) Use machine guards.
2) Be sure to use the correct area of the sander.
3) Start at a slow speed and gradually increase to the proper speed.
4) Keep sanders properly maintained and replace torn or worn out parts immediately.
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5) Tie back long hair and donot wear loose fitting clothing orkjewelry.
8\ Use m powered reopirator, air filters, or an exhaust system to prevent chip and dust hazards.
7) Wear the proper personal protective equipment such as respirators, dust masks, eye protection, and
ear protection.
8\ []() NOT wear gloves asthey can becaught inthe machine and suck your finger into the machine.
9\ When complete, unplug and follow the proper lockout/tagout procedures.
10\ Standard personal protective equipment must be worn when doing any task that generates wood
dust; this may include a dust mask when working with |ovv quantities of dust and o respirator when
working with high quantities of wood dust or treated wood dust.
11\ Acceptable wood dust exhaust systems include:
m. Dust collector
b. Cyclone separator
o. Downdraft table
d. Direct dust extraction (using evacuum with anattachment)
12) Woodworking exhaust systems must bemaintained asneeded.
13\ Do not perform your task without activating the woodworking exhaust system
Tire Repair Safety
Incorrectly repairing a tire can cause a number of accidents, injuries, and even death. Therefore, a
employee repairing tires must follow proper procedures and keep safety measures in mind at all times. I
D Only repair atire hyou have been properly trained.
2) A tire should be taken off the wheel and inspected before beginning repairs.
3) Apply any patchwork onthe inside ofthe tire, not the outside.
4\ Tire plugs should only be used in emergencies and the tire should be properly repaired as soon as
possible.
5) Do not repair tires when the tread is less than 1/16m on inch. a hm|e is bigQ�rthon 1/4mofan inch in
diameter, or if there is any damage on the sidewall. When in doubt, replace the tire.
Tire Safety
Proper maintenance of your tires extends the life of the tire, saves gas on the vehicle, and keeps the vehic
running safe and smoothly. Employees will use the P.A.R.T.S. system (Pressure, Alignment, Rotatio
Tread, and Sense) to ensure the care and longevity of tires used on company vehicles. I
U Check the tire pressure at least once amonth and before going on a trip.
2) Follow the manufacturer's recommended tire pressure.
3) Have the alignment checked if:
o. the steering pulls toone direction oranother when traveling straight;
b. there isuneven wear Vnthe tires;
c. the vehicle iscontinuously used onrough roads.
4) Rotate tires atleast every 5,OOO miles.
5\ Donot overload the vehicle and avoid potholes and other objects onthe road.
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Tow Dolly Safety
Tow dollies must be used properly in order to avoid serious accidents or damage. Employees must make
observing safe work practices a priority and by doing so, will also avoid unnecessary disciplinary action.
D Follow the manufacturer's sacunannentinstruoUons exactly when attaching atow dolly.
2\ The tow vehicle must be 75Opounds ormore than the vehide-in-b)vv.
3) Vehicles must befacing forward when loaded onto the tow dolly.
[J ot| � let a�s�nQ�nsh�ein�id�thewahidein-0ovvoronthe tow doUyduring tnanmpo�.
4) on �m cargo p -
5) Once loaded, safety chains and aenunarnentstraps must beapplied.
6) Verify that everything is in working order and secured correctly before transport.
7' Reduce your speed and drive carefully with a tow dolly, even if there is not a vehicle attached to it at
the time.
TowTractor- AKA Tug Carts �
Employees who use carts at work are responsible for the safe operation and making sure that unsafe �
conditions are reported to the appropriate person and fixed, when necessary. You will be required ioadhere �
to all safety guidelines inorder toprotect your safety. �
Safe Work Practices �
l) Perform a on inspection to verify that the condition of the lights, brmkem, controls, steering, �
horn, and tires are all ingood working condition. �
o Never operate a tug cart that is defective in any way. �
2) Employees must wear appropriate footwear when operating tug carts. �
3) Before driving, make sure that your intended path is clear and free of hazards and people. �
4) Sound the horn when approaching a blind corner or intersection, or when reversing if a backup alarm
is not available on the unit.
5) Employees must make sure that all loads are properly secured before moving.
- , 6) Operators oftug carts rmust always stay alert for other equipment and personnel.
7) Speed must always be limited to the manufacturer's recommendations in order to ensure adequate �
time for braking incase you need tostop suddenly.
8) [}o not tow from any point other than the designated hitch.
9) Do not drive over slopes that exceed the manufacturer's recommendations. (
l'\ Bring the unit to a complete mtop, put it in neutral, and set the parking brake when finished using the '
tug cart. �
'
Vehicle Floor Jack �
-
If vehicle floor' cksarenotuoedpro9erly,poasUde hazards include failure of the jack, jack standa, or lack of
wheel chocks
at can cause vehicle to nd\ away. Any employee who uses a vehicle floor jack sdwork �
must take all of the necessary precautions to prevent any of these from happening. �
Safe Work Practices �
D Employees must read and understand the vehicle's manual and know how to operate afloor jack.
�
) Make sure that the floor jack has a sufficient weight capacity capable of lifting your vehicle. �
3) Only jack cars upon mhard, flat surface such aaconcrete. �
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December 2019 '
o If you must lift the vehicle on asphalt or dirt, place 5/8" thick plywood underneath
the floor jack and jack stands toprevent sinking.
4) If you will be removing the tires, loosen the lug nuts while the car is still on the ground.
5) Floor jacks must only beused onapproved lift points ofthe vehicle.
6) Vehicles being lifted must be secured against movement through the use of the emergency brake
AND wheel chocks.
7) Jack stands are required to support the vehicle while |ifted, and wooden or cement blocks are not
approved jack stands.
Welding Safety
Welding operations must be done with the upnnost caution and care. Welding causes rnuhUp\e hazards
including burns' e\eotnocution, and toxic vapors. Employees must follow safety procedures at all times to
prevent any hazards from occurring.
U Welders and their supervisors must be suitably trained in the safe operation of their equipment and
the safe use ofthe process.
2) Wear flame resistant long sleeve shirts, pants, and leather, steel toed, high-topped boots.
3) Eye protection shall be worn at all time and fire resistant headgear such as a welders cap.
4) Employees will take extra precaution not to breathe in fumes produced by welding; use nnaeKs or
respirators when necessary. Have proper ventilation atall times.
5\ Before welding/cutting is permitted the area shall be inspected and avvritten hot work permit shall be
used toauthorize welding and cutting operations.
6) Check the welding area before storting, if the object to be welded or cut cannot readily be rnoved, all
moveable fire hazards should beremoved.
7) If all the fire hazards cannot be removed a fire watch is required also guards must be used to confine
the heat, sparks and slag and to protect the immovable fire hazards.
8) If fire hazards cannot be taken to a safe place or guards cannot be used to confine heat, sparks, slag
and protect the immovable fire hazards� the welding/cutting must not be performed.
9) Employees must keep walkways clear of piles and other clutter.
10) When welding is complete mark hot work pieces to alert others, deposit all scrap and electrode butts
in proper waste containers.
11) Fire watchers will have fire extinguishing equipment readily available and be trained in its use. They
will be familiar with facilities for sounding an alarm in the event of a fire. They will watch for fires in all
exposed areas, try to extinguish them only when obviously within the capacity of the equipment
available, or otherwise sound the alarm. A fire watch will be maintained for at least a half hour after
completion of welding or cutting operations to detect and extinguish possible smoldering fires.
Welding Torch Safety
Misuse of a welding torch can lead to burn back (a mixed gas explosion), backfire (when the flame goes ba
into the torch), and flashback (an explosion caused by the clogging of the torch tip). i
37
U Wear the proper PPE such mowelding gloves, goggles, and long sleeve shirts.
2\ Purge the hoses for 2-3seconds before lighting the torch.
3) Only used approved lighters to light the torch.
4) Never light both the fuel gas and the oxygen atthe same time.
5) When finished, turn the oxygen off first, then the fuel gas.
6\ Keep torch tip clear ofclogs toprevent flashback from occurring.
7) Use a flash arrestor onthe torch ifpossible.
8> If the torch or any other welding equipment is defective, report and discontinue its use until its safety
has been assured. Repairs will bemade only byqualified personnel.
Wood Pallet Safety
Wood pallets are used to move bulk or heavy products from one location to another. The handling and
storage of wood pallets will be done carefully and safely.
D Inspect pallets for splinter, protruding neih;, and rot before use.
2) Wear gloves and steel -toed boots to protect from splinters and failing pallets.
3) [)o not walk on, throw, or smoke near pallets.
4) To move a pa|\et, slide it on its side.
5\ Pallets should be stored at least 5Ofeet away from the main facility.
6\ If pallets are to be stored inside the building, eutonnoUo sprinklers must be installed and surrounding
vva||a are to be made with noncombustible materials.
Acclimatization is an essential step to pnaponm your body for the work load before working in high heat
-=-environments. If not done properly, employees may suffer from a number of potentially life-threatening -heat
U Heat acclimation may not berushed into atime period shorter than two weeks.
2\ During acclimation, employees must dothe heaviest work ofthe day during cooler hours, ifpossible.
3) Ajleast two hours inthe heat are required each day during acclimatization.
4) Work your intensity level upgradually for the two week time period ofacclimation.
5) Employees are responsible for drinking enough water - about one quart of water per hour.
6) Employees who are not acclimated to the heat may need totake more frequent shade breaks than
acclimated employees.
Aeat Illness Prevention
A normal body temperature is essential for life and the body is constantly working to maintain a healthy
temperature. When the efforts of the nervous system fail to cool the body sufficiently, heat illness follows.
Employees should be aware of the dangers of heat illness and the steps that must be taken to prevent it.
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December 2019
D Work places must be properly ventilated.
2) Employees must be properly acclimated tmthe work environment before spending extended periods
of time in high heat environments.
3) Employees should drink one quart of water per hour, or 2 gallons every 8 hour shift.
4) Frequent shade breaks are required to prevent heat -related illness.
5) Employees should limit caffeinated drinks while working in hot environments.
6) Employees must be able to recognize the symptoms of heat illness.
7) Protective equipment, such as hats, should be worn when necessary.
8) Employees should monitor themselves for the following symptoms of dehydration:
a. Irritability
b. Fatigue and inability toconcentrate
c. Tiredness
d. Headache
e. Dry mouth
f. Increased thirst
g. Sweating stops
h. Nausea & vomiting
i. Heart palpitations
j. Light headedness
k. Decreased urine output.
Asbestos Safety
Asbestos is a hazardous dust that causes a host of health problems when inhaled. Specific handling
procedures are required when working with or around asbestos, and it is vitally important to wear the proper
personal protective equipment to protect your health.
1\ Inspect the area for asbestos levels otleast once before every shift.
2) OSHA prohibits more than 0.1 fibers per cubic centimeter of air K0.1 f/ou\ averaged over the 8 hour
workday and 1 fiber per cubic centimeter of air over a 30 minute work period.
3\ Assume that the material you are handling contains asbestos until proven otherwise.
4) Never throw any material containing asbestos.
5\ If you are working with concentrations of asbestos that are above the permitted level, coveralls,
gloves, head coverings, respirators, and foot coverings are required.
O\ Restrict access tnand provide warning signs inareas with asbestos.
7\ When working with asbestos you should never sweep the dust, smoke, eat, or drink.
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Allergic Reactions to Latex
Latex allergies may cause skin rashes, sinus symptoms, itchin@, and even anaphylactic shook. This is why
you must determine if you one allergic to |etex, and if you are high risk you must get periodically screened for
latex allergy symptoms.
1) Use non -latex gloves when contact with infectious material is not likely, such as when preparing food.
2) Use powder -free gloves with reduced protein content if latex gloves are required.
3) If you do not have an allergy to latex, continue wearing latex gloves while watching for signs of
developing latex allergies, and take the following precautions:
a. Do not use oil-based hand creams or lotions when wearing latex gloves.
b. Wash hands with mild soap and dry thoroughly after removing latex gloves.
c. Clean work areas contaminated with latex dust after performing the task.
d. Change ventilation filters and vacuum bags often when used in latex -contaminated areas.
F��nticipating Accidents
Over confidence, ignoring safety procedures, and taking shortcuts are all examples of behavior that increase the
risk of accidents and will not be tolerated. While working for this company you must not only avoid behavior that
1\ Never trade safety for efficiency—shodcutsahou|dbeavoided as they may lead to injuries.
2\ Being TOO confident is a risk when it leads the operator to believe that an accident will not happen.
3\ Know that safety guidelines are mandatory and not just recommended.
4\ Donot attempt atask without the authorization ortraining todoso.
5) Maintain aclean work area with frequent housekeeping.
O\ Give the current task your full attention toavoid accidents.
7) Pay attention to possible hazards and alert your supervisor to dangerous situations.
Backs and Lifting
Back injuries happen in a matter of moments but, in some cases, can permanently affect your ability to work
and do everyday tasks. Working safely and taking measures to protect your back is not only recommended, �
but required.
1\ Avoid lifting and bending whenever you can.
2\ Place objects upoff the floor soyou won't have toreach down toget them.
3\ Always use adolly, aforklift, orget help from someone ifyou can.
4\ Pull objects rather than push objects when possible.
5\ Keep in mind that if you have to strain to carry the load, it's too heavy for you.
0\ Make sure you have enough room tolift safely.
7) Plan your intended path before you lift.
8\ [}onot walk onslippery oruneven surfaces while carrying something.
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Blood Pressure, Stroke, and Heart Attack
Those with abnormally high or low blood pressure and those susceptible to stroke or heart attack must be
especially careful in the workplace. Not only must you follow all of the safe work practices applicable to your
job, but you must pay attention to warning signs that you are physically unwell.
1\|norder to prevent accidents related to blood pressure, stroke, and heart attack inthe workplace you
must be ovvore of the warning signs.
2\ Lifestyle changes and medication can work together to regulate blood pressure.
3\ High blood pressure over a period of time may damage the tiny blood vessels of the eye resulting in
poor eyesight and even blindness.
4\ If left unattended, high blood pressure can lead to a stroke, heart attack, blindness, kidney failure and
even premature death.
5\ |fastroke orheart attack iasuspected, advise mco-worker tocall 9-1-1.
Bloodborne Pathogens
A pathogen is any microorganism capable of causing disease or infeobon, and a bloodborne pathogen is any
pathogen transmitted through blood. Scnapeo, openings in the skin of any kind, and all mucous membrane
(eyen, nose, and mouth) are all possible entryways for bloodborne pathogens. In industries vvhenm it is
impossible to avoid contact with persons who may have bloodborne pathogene, it is imperative to wear
protective equipment and follow all safety rules.
Safe Work Practices
1) A|\emp|oyeeovvithoocupaUono|exposure(reaaonob|e anticipated exposure resulting from the
'
pe ' �ornngno�ofth��rnp|oye�'sdud�e\tob|oodorotherinhactiuusnnoterio|snnuctneceixeannuo|
training.
2\ Records oftraining will bekept for ominimum of3years.
3) Training will occur prior to initial assignment of tasks that involve occupational exposure or when new
procedures orexposures are realized.
4\_ - Treat all blood -and bodily fluids -as'ifknown tVbeinfectious.
__
5\ Wear all personal protective equipment during assigned tasks. This equipment will beprovided toall
employees with occupational exposure.
O\ |fyou have cuts orany broken skin, protect those areas accordingly.
7\ Avoid all unsafe actions and tools that may cause epersonal injury.
8\ Wash your hands thoroughly with soap after completing assigned tasks. Hmndvvoshingfaci|itieo or
antiseptic hand cleanser/towelettes will be readily available on-site.
9\ If exposure is suapeoted, wash the affected area with soap and water orflush mucous membranes
with water immediately and report toasupervisor assoon aapossible.
10) Clean and decontaminate all tools and surfaces exposed to blood or other infectious materials
immediately oras soon as feasible. If contamination is likely but not knovvn, clean and decontaminate
at the end ofthe work shift.
11) The Hepatitis B vaccine and vaccination aeries is available to all employees with occupational
e to blood or other infectious materials. Post exposure evaluation and follow-up for
exposure �
bloodborne pathogens exposure is available to all employees who have had an exposure incident.
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12) Medical records including Hepatitis B vaccination status will be kept for at least 30 years beyond date
of employment.
13) An exposure control plan is available upon request.
Never eat, drink, smoke, or apply cosmetics in work areas where there is a reasonable likelihood of exposure.
Box Handling and Stacking
Lifting and stacking boxes incorrectly in the workplace can not only lead to back injuries, but injuries related
to boxes and material falling from poorly stacked piles. Working safely and taking measures to protect
yourself is not only recommended, but required.
1) Keep your back straight and bend with your knees whenever lifting a load.
2) When carrying a load, keep your eyes on the path ahead as you walk.
3) Avoid twisting or jerking movements and carry the load as close to your body as possible.
4) The approved stacking pattern must be implemented, because an efficient stacking pattern will
support the weight of the stack more evenly.
5) Use a pallet size as close to the size of your stack as possible to reduce overlap.
6) Always make sure the stack is secured with bands or plastic wrap.
7) Overlap plastic wrap by 50% on each consecutive layer.
8) Edge protectors must be used whenever they are provided.
Close Calls
A close call is an incident that does not cause personal injury or damage. Close calls are dangerous because
if left unchecked, a repeat incident could cause injury.
1 ) If you witness a close call, or a near miss, you must report it immediately.
2) Monitor close calls, because they can show weaknesses in your safety system.
3) Use close calls to identify trends where protection is missing or could be improved.
4) Not reporting a near miss could be deadly the second time.
5) If you know there is a hazard, make sure everyone else knows.
6) Your work area should be inspected daily for unsafe conditions or actions.
Confined Space
Safe work practices must be followed at all times when working in confined spaces due to the danger
involved. Refusal to adhere to the safe work practices will not be tolerated and is subject to disciplinary
action leading up to termination.
1) Any employee entering a confined space must be trained for the specific type of confined space they
will be entering.
2) All moving parts must be locked -out, blocked -out and tagged -out before entering.
3) Air quality must be tested before entering the space and periodically thereafter.
4) Permit -required confined spaces must never be entered unless there is a valid permit.
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5) Acceptable ventilation measures must be used, and may include portable self-contained breathing
devices and forced air ventilation (FAV).
6) Entrants to the confined space must do all of the following:
a. use equipment properly;
b. communicate with the attendant;
c. alert the attendant if the unexpected occurs;
d. exit immediately if a hazard develops.
Cuts, Lacerations, and Punctures
In industries where it is possible to suffer laceration injuries caused by the tools required to perform your job, it
is imperative to wear protective equipment and follow all safety rules. Working safely and taking measures to
protect yourself is not only recommended, but required.
•
1) You must be properly trained before using any tool or device with a sharp edge.
2) Use several passes when cutting thick material instead of applying a lot of pressure.
3) The appropriate personal protective equipment must be worn when working with equipment that may
cause cuts, lacerations, or punctures.
4) Good housekeeping may help you avoid injuries by reducing slips and falls.
5) Do not use tools for any other purpose than what the manufacturer intended,
6) Any damaged tools must be repaired or replaced before use.
7) Sharp objects should not be stored in your pockets, belt, or pants.
8) All machine and tool guards must be working and in place.
Dermatitis in the Workplace
Exposure to some chemicals or irritants can cause occupational dermatitis, but proper training can help keep
you safe by knowing how to avoid it. Employees must not work with unfamiliar chemicals until they are
aware of the safe handling recommendations.
61-�V T 17111 I'm
1) Be aware that dermatitis can have mechanical, biological, chemical, and physical triggers. Examples
include exposure to irritants or chemicals, friction, ultraviolet light, excessive heat, and some bacteria
or viruses.
2) You must read and understand the information contained in the safety data sheets -
3) Use safer chemical alternative whenever possible.
4) Wash hands with soap and water after working with contaminants of any kind.
5) Monitor changes in the skin during and after use of substances at work.
6) If you acquire occupational dermatitis, report it immediately to your supervisor.
I ip�111 11111IF11111:11, I I .
Diseases in the Bathroom
A pathogen is any microorganism capable of causing disease or infection, and bathrooms are often filled with
pathogens. If your job requires you to clean or maintain public bathrooms, it is imperative to wear protective
equipment and follow all safety rules to avoid infection.
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1 ) Always wash your hands with soap and water before leaving the bathroom.
2) Hand washing should be no shorter than twenty seconds.
3) The bathrooms must be kept as clean as possible at all times.
4) Wear protective equipment such as gloves when cleaning the bathroom.
5) Keep the toilet seat closed when flushing, if possible
'—:--ating and Drinking in the Workplace
A pathogen is any microorganism capable of causing disease or infection, and eating or drinking in the
workplace may expose you to some of these pathogens. Every workplace is equipped with a break area,
and the only acceptable place to eat while at work is in this designated area.
1\ Food and beveragesmust not bmstored mconsumed inotoilet room.
2\ Be aware of all the possible sources of contamination such as deanens, paintn, pesticides and other
types ofchemical sprays.
3\ Eating and drinking is prohibited in areas that are used to store any toxic material.
4) Consumption of food and drink, smoking, and applying cosmetics is prohibited in areas where
potential exposure to blood or other infectious material exists.
5) Food and beverages should not be kept in refrigerators, freezers' shelves, cabinets or on
countertops where blood or other infectious materials may be present.
Employee Safety Responsibilities
Employees are required to practice all of the safety guidelines they receive training on. Safe work practices
are not just recommended, but required, and any employee found putting themselves or others in danger by
not following the safe work practices will be subject to disciplinary action.
l) Donot use any tools for anything other than their intended purpose.
----2)-Immediately report aU-accidentari juhearendiUnesaesto}xoursuperviaoc- �
3\ Never operate damaged equipment until itisrepaired orreplaced.
4\ All applicable personal protective equipment must beworn during tasks that require it.
5\ Machine and pinch point guarding must not beremoved ormodified.
6) Be knowledgeable ofyour company's emergency action plan and how itaffects you.
7) Employees must keep work areas clean and orderly.
Fatigue Risk Management
Fatigue at work can be very dangenoua, because depending on your level of fatgue, your ability to aafab/
perform your intended task will be affected. All employees should be aware of the causes and signs of
fatigue, as well as how to avoid fatigue in the future.
1) Some causes of fatigue may include loss of sleep, commuting, work that is monotonous or physically
demanding, secondary employment, and health conditions.
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2) Signs of fatigue may include forgetting things, excessive yawning or restlessness, slower reaction
times, reduced alertness, and sore, red, or watery eyes.
3) Activities outside working hours should not inhibit your ability to carry out duties.
4) Employees must get adequate sleep and not be in a fatigued state before starting a shift.
5) Emotional and personal problems must be dealt with on the employee's time.
6) If possible, take small breaks for rest, water, and food.
Industrial Injuries
Injuries in industrial settings can be very dangerous. Employees are to adhere to all applicable safe work
practices at all times or be subject to disciplinary action.
1) All employees must know where the first aid kit, fire extinguishers, eye wash stations, and other
safety amenities are.
2) After each accident in the workplace, an accident investigation must be held and documented to
discourage repeat incidents. Parts of an accident investigation include:
a. Securing the scene
b. Placing equipment out of service, if necessary
c. Taking photos
d. Interviewing victims and witnesses
e. Collecting evidence
3) Serious injuries must be reported no longer than 8 hours after finding out about it.
Injury and Illness Prevention Program
An Injury and Illness Prevention Program is required for every business. The Injury and Illness Prevention
Program must be complete and thorough in order to be compliant.
A thorough Injury and Illness Prevention Program includes the following:
1) The name of the responsible person.
2) Employee written compliance with safety guidelines.
3) Information regarding health and safety issues related to employee's tasks.
4) Workplace hazard assessments and correction.
5) Accident investigation and reporting information.
6) Employee training and all other safety related records.
Kneeling
• Squatting Techniques
Employees who must kneel or squat at work must take care to use proper ergonomics because if improperly
done, these can put unnecessary strain on your body and lead to injury. Employees are required to avoid
back and knee injuries by practicing safe techniques when kneeling or squatting at work.
•TMI
SM
squat:
1) Keep your spine straight, or in neutral position.
2) Your feet should be hip distance apart.
3) Bend at the waist and use your leg muscles to lower yourself down.
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q Keep your abs, glutes, and leg muscles activated so your back muscles are not strained.
5) Avoid letting your knees go past your toes. While kneeling:
6) Keep your back straight, or in neutral position, as often as possible while kneeling.
7) Stay in a "high kneeling" position with your knees at a 90 degree angle.
8) If you will be staying in one spot, use a pad or cushion to protect your knees.
9) Do not sit back, because your body weight will put too much pressure on your ankles.
10) Try to change the kneeling position from time to time, this may include "half kneeling" on your left or right
sides, or in a half lunge position with one leg propping up your body.
Lifting Appliances Safely
Employees who neglect to follow simple safety steps when lifting and moving appliances put themselves at
risk for serious injury. This task can be performed safely as long as employees prepare accordingly and
follow all of the required safety steps.
D Before moving, plan the lift and make sure the intended path isclear.
2] Measure the appliance toknow whether ornot dwill fit through doorways.
3) Always wear boots toprotect your feet when moving appliances.
4\ While lifting and throughout the move, employees must:
o. Keep feet shoulder width apart.
h. Bend their knees and keep their backs straight
o. Keep stomach muscles tightened
5) Secure the appliance onthe dolly atall times during transport.
6\ The base ofthe dolly must bebig enough toseat the appliance securely.
7) If using a dolly, tilt itsothe appliance is resting on the dolly then move in the direction opposite of
the tilt.
Managing and Reducing Stress �
�
Stress is inevitable in your work dey, but too little or too much stress can become a problem. Too little stress
--- ---will leave ryou indifferent -and -unmotivated, buttoo -much stress rmay -actually become health concern. ---�
Unmanaged stress may lead to illness ori jury, low productivity, and unsafe acts soitmust becontained �
within appropriate levels.
l) Learn toaccept the things inyour workday that are out ofyour control.
2) Seek advice and support from friends, family, orcoworkers.
3) Avoid situations that you know to be a source ofavoidable frustration.
4) Plan your workday ahead of time to better anticipate your schedu\e, but remain flexible because
things are likely tocome up.
5) Ask your employer orsupervisor for help ifnecessary.
6\ Focus onthe positive things inyour life and your job.
7) Try tomaintain ahealthy, balanced lifestyle outside ofwork.
46
Material Handling Safe Operations
Safety begins with common sense and application of previous safety training. Employees who operate
equipnnent, use carts or dollies, or handle nnsteha| must adhere to the general rules ofsafety to protect
themselves and those around them.
Safe Work Practices
l) Aisles and passageways should bekept free from obstructions.
2) Spills and messes inwalkways should becleaned upimmediately.
3\ Materials must be stored so plenty of headroom is provided for the length of aisles.
4) Watch for trip hazards when carrying materials.
5) Keep clothing, fingers, hair, and other parts of the body away from conveyor belts.
6) Never climb, step, sit nrride onconveyor otany time.
7) Employees should not load conveyor outside ofthe design limits.
8) Always make sure the weight ofmaterials are evenly distributed onthe wheels ofhand trucks, carts,
or dollies.
9\ Always push hand trucks, carts, or dollies rather than pulling when moving loads.
l[AAll loads must beproperly secured.
Medication in the Workplace
Employees who have one ormultiple medications that are required tobetaken during the workday have a �
responsibility to store them and take them in m safe manner. Personal medication inthe workplace can be a �
hazard, whether it is over the counter or a prescription. The following safe work practices are mandatory.
Safe Work Practices
1\ Never store medication in a common area such as ofirst aid kit nrrefrigerator.
2\ If you do not have access to a secure storage place, keep your medication on you.
3\ Medication must only betaken aoprescribed.
4\ Before taking emedication, employees must hefamiliar with the side effects such aeirritability or
__~~~reduoedConCent[3bVD.__~.__-,-~~_
5\ Never mix medications that do not interact well. �
6\ Make sure your boss or a coworker is aware of your conditions that require medication. In the event �
ofanemergency they will bebetter suited tohelp you. �
Noise Induced Hearing Loss
Noise Induced Hearing Loss (NIHL) is a serious condition that is irreversible and employees can be at risk
for in the work place. Many workers resist wearing proper hearing protection, but this is very risky and can
cause NIHL. Employees without hearing protection in areas where it is required will be subject to NIHL as
well as disciplinary action. Employees should be aware that regular exposure of 110 decibels and higher, fol
more than one minute, can put them at risk for permanent hearing loss, and prolonged exposure to any
noise above 90 decibels can cause gradual hearing loss.
l) Employees who are exposed to noise at or above an 8 -hour time weighted average of 85 dbA will be
trained annually.
47
2) Training will cover: the effects of noise on hearing; the purpose of hearing protectors, their advantages,
disadvantages, and attenuation; instructions on selection, fitting, use, and care of hearing protectors; the
purpose of audiometric testing and an explanation of the test procedures.
3) Hearing protectors are available to all employees exposed to an 8 -hour time -weighted average of 85 dbA
or greater at no cost to the employees. Hearing protectors shall be replaced as necessary.
4) Hearing protection is evaluated for the specific noise environments in which the protector will be used.
5) A continuing, effective hearing conservation program will be administered whenever employee noise
exposures equal or exceed an 8 -hour time -weighted average sound level of 85 dbA.
6) When information indicates that exposure may equal or exceed an 8 -hour time -weighted average of 85
dbA, a monitoring program will be implemented to identify employees to be included in the hearing
conservation program.
7) Audiometric testing is available to all employees whose exposures equal or exceed an 8 -hr. time -
weighted avg. 85 decibels.
8) Within 6 months of first exposure at or above 8 -hr. time -weighted avg. 85 dbA, a valid baseline
audiograrn shall be established against which future audiograms can be compared. Testing to
establish a baseline audiogram shall be preceded by at least 14 hours without exposure to workplace
noise and high levels of noise should be avoided. Hearing protection may be used to meet this
9) Annually, after obtaining the baseline audiogram, a new audiograrn will be obtained for each
employee exposed at or above an 8 -hour time -weighted average of 85 dbA. Each employee's annual
audiogram shall be compared to their baseline audiogram to determine if the audiogram is valid and
if a standard threshold shift has occurred. If a standard threshold shift has occurred, the employee
shall be informed of this fact in writing, within 21 days of the determination. Unless a physician
determines that this shift is not work related or aggravated by occupational noise exposure,
employees already using hearing protectors shall be refitted and retrained in the use of hearing
protectors and provided with hearing protectors offering greater attenuation, if necessary. The
employee shall be referred for a clinical audiological evaluation or an otological examination, as
appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of
the ear is caused or aggravated by the wearing of hearing protectors.
10) Accurate records of all employee exposure and audiometric measurements shall be maintained.
Noise exposure measurement records shall be retained for two years. Audiometric test records shall
be retained for the duration of the affected employee's employment.
Pinch Points
A pinch point injury occurs when a pod of the hudv is caught between two objects. Pinch point injuries can
be easily avoided by staying alert during operations and by using tools and machinery safely and
M 7q M_ VBMI 11
l) Never tamper with machine ortool guards.
21 Use the appropriate tool for each job.
3) Gloves should not beworn while working around rotating equipment aethey can get caught in a
pinch point and pull your hand in.
4) Keep your mind on task and focus on keeping all body parts out of the "line of fire".
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FERREE 13
7"Um"M
Toison Oak
Poison oak is a shrub with groupings of three separate small leaves. The sap releases a chemical that
causes an allergic reaction to our skin. When working outdoors, employees should take note of their
surroundings to avoid accidental contact with this plant. Remember the saying: leaves of three, let it be.
1) Wear a hat, gloves, long sleeved shirts, long pants, and boots to protect your skin from accidenta'
contact.
21 Wash off tools with amoutdoor water hose.
3\ Wash all work clothes and gloves in hot water, keeping them separate from other clothes.
4\ Should you come into contact with poison oak:
e. Apply rubbing alcohol tothe affected area immediately.
f. Wash yourself with soap and water mssoon aspossible.
g. [)o not scratch the blisters as itmay cause an infection.
h. |fthe rash iaaround the eyes orthe reaction imsever, consult adoctor.
Rainy Conditions
Rain can beonunanticipated danger inmany vvVrkmites.and it|eimportant that employees who may be
subject tVthe rain are aware ofthe steps can betaken toensure their safety.
Safe Work Practices
l) The rain ooumea slick surfaces, so employees must work slowly and deliberately — especially when
climbing ladders!
2) All tools should have textured or non -slip handles when working in high moisture conditions. Do not
use electrical tools or equipment not rated for outdoor use.
3) Protective footwear with deep treads for traction should be worn to prevent slipping.
4)' Wear layers when you will be working out in the rain for extended periods. Be certain that your coat
is well -ventilated and does not restrict movement so it can be worn comfortably.
5) Gloves with atrong, slip -proof grips should be worn. Gloves should be sufficiently tight and long
enough tobecovered byyour coat sleeves.
6) If you wear glasses or goggles, consider using anti -fog spray or wipes on them before going outside
ifyou don't have nhood orhat with abrim.
7) |tisimportant during bad weather tomake sure work areas are adequately lit.
8) High visibility clothing must be worn in areas with heavy machinery ortraffic.
9) [}riving in the rain requires more safety precautions than driving in dry conditions. Make sure you
reduce your speed, pay attention to the road, and always keep your headlights on.
Repetitive Motion Injury
Repetitive motion injuries are caused bvperforming the same motion over and over again, straining apart of
the body. Employees performing repetitive tasks will take scheduled breaks and follow all other preventive
measures inorder toavoid repetitive motion injuries.
December 2019
l) Keep wrists in aneutna .
2) Vary tasks whenever possible.
3) Make adjustments toyour workstation.
4) Grip tools correctly.
5) Wear vibration absorbing gloves when using tools with high levels of vibration.
6) Grasp objects with the whole hand if possible.
Reporting Work Related Injury and Illness
Employers must provide a safe and healthy workplace for their employees, but occasionally, injuries or
illnesses occur even when safe practices have been put into place. Employees have a responsibility to
immediately report work-related injuries and illnesses to a manager or supervisor.
The details of work-related injuries or illnesses need to be accurately and immediately reported to a
supervisor or p|ord manager sothat corrective steps may betaken to eliminate the hazards. Employees
must do the following:
1\ Report any injury oriUneosaoaoonaapossib|e.
2) Report injuries oriUneesestoyoursu cxplant manager.
3\ The type ofinjuries Mhodshou|dbereportedindude:
o. Impairment
b. Disfigurement
o. Loss offunction ofany part ofthe body
d. Symptoms ofsignificant oradverse effects ordamage.
e. An incident that resulted in work restriction or job transfer.
Sharps Injury P��������n
Employees handling sharps on a daily basis must remember to follow proper handling procedures in order to
prevent being struck by a contaminated needle. Accidental "need le -stick" risks include contraction of HIV,
Hepatitis C'and Hepatitis B.
Safe Work Practices
l) Prepare your workstation by:
u. making sure the area is well lit;
b. all tools are easily accessible;
c. and sharps disposal containers are nearby.
2) Use needles with sheaths nrcaps whenever possible.
9) Inspect sharps for any irregularities before use.
4) [}onot leave the room without disposing ofthe sharp(a)younse|t
5} Only dispose sharps in an FDA approved disposal container. Trashoans or recycle bins should never
be used to dispose of sharps.
6\ Should you be stuck by a used needle or sharp of any kind, immediately wash the affected area and
seek medical assistance right away.
December 2019
Shortcuts
Taking shortcuts and ignoring established safety rules is a leading cause of injury. Injuries will waste more
time and effort than shortcuts would ever save. Employees are never to take a shortcut in their work and will
follow safety rules at all times.
Safe Work Practices
1) Maintain proper housekeeping.
2) Take the time to read operation manuals.
3) Post and follow warning signs.
4) Pay attention to every procedure.
5) Ask questions if you have any safety concerns.
6) Lead by example; do not cave into peer pressure.
Situational Awareness
It is important for employees to practice situational awareness in order to better prepare themselves in the
event they are faced with threats or confrontation.
Safe Work Practices
1) Recognize that threats exist.
2) Trust your intuition.
3) Stay alert and be aware of your surroundings.
a. Plan escape routes, note exits, and be aware of foot traffic.
b. Pay attention to those around you and, one at a time, attempt to determine their mood,
attitude, or background.
4) If you do not naturally have good situational awareness, practice.
Skin Protection
Your skin is your body's first defense against infection, and you can help it help you by protecting it from
damage from the sun, chemicals, abrasions, punctures, and insects. Employees should avoid damage to
their skin by wearing the proper personal protective equipment and following safe work practices.
1) When working outside, protect yourself from the sun by wearing long sleeved shirts, pants,
sunglasses, and a hat with a brim to minimize the amount of sun exposure.
a. Make sure to take all required breaks in the shade as necessary.
b. Always use sunscreen when working outside, even during the winter.
2) When working with chemicals, tools, or any source of heat, make sure to wear the appropriate
personal protective equipment to protect your skin from burns, punctures, or cuts.
3) Always wash your hands and follow proper protocol after handling hazardous substances.
4) Know the insects in your area and avoid places where insects are commonly found, if possible.
5) Employees should know the proper first aid when responding to skin -related injuries.
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Slips, Trips, and Falls
The National Safety Council reports that slips and falls are the leading cause of death in the workplace
oani
accunts for 20 percent of disabling oooo
injuries. Since these injuries are cmmn, emplyees shuld be e
awar
their surroundings, avoid hazardous areas, and wear the proper footwear.
1) Keep all passageways, storerooms, service rooms, and work areas clean and organized.
2) Keep floors maintained, clean, and dry.
3) Use mats and runners in entryways and hallways when areas become slippery.
4) Use warning signs to identify slip/fall hazard areas.
5) Keep working areas well lit.
6) When walking on uneven surfaces walk slower and take smaller steps.
Stress in the Workplace
It is important for us as an employer to promote a safe and healthy work environment therefore; we
encourage employees to communicate any stressors to supervisors or upper level management and
promote safe stress relieving practices to lower employee exposure to work related stress.
6M•
1) Recognize signs of stress:
a. Anxiety, anger, and irritability
b. Trouble concentrating
c. Muscle tension or headaches
2) Combat stress by:
a. regular exercise and good eating habits;
b. getting enough sleep;
c. avoiding toxic coworkers;
d. getting rid of negativity.
Stretching
Approximately 43% of non-fatal occupational injuries are from sprains and strains, an easily avoidable injury.
Employees participating in active labor will be their workday with stretching exercises and office
employees will take periodic stretching breaks to help prevent these types of injuries.
6TUMVIYOM .14 9F.rPr4M_
1) Start and finish all stretches in a relaxed, neutral position.
2) Stretch at your own pace and repeat each set of stretches at least three times.
3) Breathe in a relaxed manner.
4) Do not bounce while stretching.
5) Do not over stretch your muscles and stop when you feel pain or discomfort.
6) Stretch out your forearms, neck, shoulders, back, legs, and ankles.
Substance use in the Workplace
Working under the influence of alcohol or drugs seriously impairs a person's job performance and threatens
the productivity, safety, and security of the workplace and employees. If you or another employee suffer from
substance abuse, do not ignore the problem; take prompt action to solve it.
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1) Be aware of the signs of substance abuse.
a. Frequent, prolonged, and often unexplained absences.
b. Erratic work patterns, reduced productivity, and involvement in accidents on and off the job.
c. Overreaction to real or imagined criticism.
d. Physical signs such as exhaustion, hyperactivity, dilated pupils, slurred speech, unsteady
walk, and indifference to personal hygiene.
2) Should you encounter an employee suffering from substance abuse, do not look the other way,
alert a supervisor, and together help the employee.
3) If you are abusing a substance, seek professional help right away.
Sun Protection
Overexposure to sunlight can cause harmful effects on the skin, eyes, and immune system. Common risks
include sunburns, eye damage, and skin cancer. Employees can prevent these risks by following simple
safety procedures whenever working outside.
1) Always wear sunscreen when working outside, no matter the weather and climate.
a. Reapply sunscreen every two hours or after excessing sweating.
b. Do not use expired sunscreen.
2) Wear wide brimmed hats, long sleeved shirts, pants, and sunglasses.
3) Work in shaded areas if possible, if not be sure to take breaks in the shade or indoors.
Team Lifting Safety
Team lifting is a technique that must be used whenever handling or transferring anything that is too large for
one person. Employees who lift large objects are required to get help when necessary, because working
together will make the job easier, faster, and less dangerous.
Safe Work Practices
1) Before performing a team lift, you must take certain precautions and plan the lift.
a. Take note of the object's size and possible weight.
b. Make sure the intended path is clear from obstructions.
c. Designate one person of the lift team to instruct exactly when to lift and turn.
2) There must be one employee to help lift for every 50 pounds of weight being lifted. Moving a 150
pound aluminum pipe, for example, would require three employees.
3) It is very important that all workers of the lift team communicate anticipated actions.
Vibration Exposure
Vibration exposure can result from using power tools such as screwdrivers, grinders, jackhammers, and
prolonged use of industrial vehicles such as tractors and semi -trucks. Employees exposed to continuous
vibrations throughout their workday can develop back pain, "white fingers syndrome," and carpal tunnel
syndrome. These problems can be minimized by following proper procedures.
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1) Use air -ride or suspended seats and use simple motions when exiting a vehicle.
2) Maintain equipment to prevent unnecessary vibration.
3) Use tools and vehicle designs that minimize vibrations.
4) Keep your fingers warm and dry and wear anti -vibration gloves.
5) Always follow the manufacturer's instructions on equipment.
6) Avoid lifting heavy objects or bending immediately after exposure.
Wash Your Hands
Employees are required to wash their hands in order to maintain a healthy work environment. Hand washii
is a short and simple task that can prevent ingestion and absorption of harmful substances, the spread
infection and diseases, and absence from work due to illness. 01
U Wash your hands with soap and warm water for 15-2Oseconds.
2] Rub your hands together vigorously and scrub all surfaces including between your fingers and under
your fingernails.
3) Use aclean towel ordisposable paper towels todry your hands.
4) |fsoap and water isnot available, use analcohol based sanibzerthat contains adleast 6UY6alcohol.
Working in Bad Weather
Any job that must be done outside is susceptible to being shut down unexpectedly due to bad weather, but
fortunately there are usually warning signs that let you know when it is time to seek shelter before it is too
late. Employees who work outside must be able to determine when it is no longer safe to continue working,
and also when the danger has passed.
1 ) Employees must utilize the 30/30 rule when working outside and a thunderstorm is near, by ceasing
work if the number of seconds between lightning and thunder are less than 30.
a. This can be determined by using a "flash to bang" (lightning to thunder) count. Every five
seconds equals one mile (10 = 2 miles; 20 = 4 miles; 30 = 6 miles) so if the delay from
when you see the lightning to when you hear the thunder is 30 seconds or less, you must
seek shelter and reassess after 30 minutes.
2\ If it is decided that the area is too dangerous to work in, EVERY employee must be notified by
sufficient means, which may include: radio, siren, or some other effective means.
3) A safe location must be available for employees in the event ofinclement weather, and employees
must know the difference between anadequate and aninadequate shelter.
4\ Outdoor job sites must always be prepared to shut down if thunderstorms are forecast.
5\ Kemp on eye on the weather throughout the day and seek shelter if necessary, even if there is no
official thunder storm advisory.
O\ Electrical workers or roofers may need to shut down jobsites in high xvinds, thunder, or rain long
before there ioaweather advisory.
7) If there are no available se#a shelter sites, seek cover |ovv to the ground (such as in clumps of
bushes) orunder trees ofuniform height.
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Insect and Snakes Safety
Some insects can be very dangerous. Employees who work in an area where insects may live should know
how to avoid being bitten and what to do in case of a bug bite.
l) All employees should te familiar with the types ofinsects intheir area.
2) If you are stung, remove the stinger by scraping a credit card or other straight edged object across
the stinger.
3) []o not attempt to remove the stinger using twxeezens, fingers or anything that may squeeze the
venom sac — this will only increase the amount oƒvenom released.
4\ Look for signs of infection such as swelling, pain, and/or increasing redness.
5} If an employee gets stung or bitten by an insect that he or she is severely allergic to, you must co||
911 if there are signs ofanaphylactic shook.
Bee Safety
Any employee who works outside must be aware ofpotential hazards from bee stings in addition toall other
hazards relating to their job. Bees are not typically dangerouo, but their stings can cause skin reactions such
as ovve||inQ, itching, or pain — and those allergic to bees or who have had several stings can experience
severe reactions.
1\ Donot use heavily perfumed soaps ordeodorants.
a. Donot wear perfume orcologne towork.
2\ Avoid floral printed clothing and wear clothing that covers as much of your body as possible.
3\ Make sure your clothing isclean and practice proper hygiene.
a. Keep in mind that the smell of sweat aggravates bees.
4\ Avoid flowering plants when possible.
5) Keep your outside work areas clean and free from food orany fragrant items.
� --�6\ Ifming|ebee io'flying 'around you, remain- still and 'cover your face. --- - � ------- ---=—~_ - --f
a. Bees and wasps are more likely tosting the face than other parts ofthe body. �
b. Do not swat otthe bee. �
7} If you are attacked by several bees, leave the area as quickly as possible. �
a. Bees release achemical when they sting that attracts and aggravates other bees. �
c. Shaded areas are better than open sunny areas if going indoors is not an option.
8) If an employee gets stung by a bee, the appropriate first aid steps must be taken
Rattlesnakes: California
Rattlesnakes are native to California and are found throughout the entire state. In general, rattlesnakes are
not aggressive and only strike when they feel threatened or are deliberately provoked. Most bites occur
between the months of April and October. Employees working outdoors must stay aware of their
surroundings and follow safety measure to reduce the likelihood of startling a rattlesnake.
December 2019
1\ Do not step cxput your hands where you cannot see.
21 Step (]Nlogs and rocks, never over them.
3) Check out stumps orlogs before sifting down.
4\ Becautious when stepping over doorsteps oesnakes like tocrawl along the edge ofbuildings.
5\ [lonot handle afreshly killed snake asitcan still inject venorn.
8) Should you be bitten by rattlesnake stay calm, wash the bite gently with soap and water, remove
anything which may constrict ovve\|ing' immobilize the affected area, and go to the nearest medical
Spiders
Brown Recluse orBlack Widow spider bites can cause a mshetv of reactions including hives, shortness of
breath' vomiting, mash, and fever. Should an employee be bitten by o spider they must follow prompt safety
l) Remove clutter and pay attention towhere you place your hands.
21 Employees should beable toidentify the venomous spiders intheir area.
3) Call 911 ifanemployee |sbitten bva spider and displays signs ofanaphylactic shock.
4) If bitten by spider, follow these procedures:
a. Clean the area with gentle soap and water, apply antibiotic ointment, and apply a clean
compression bandage,
b. Control the swelling by alternating icing and resting the area every ten minutes.
c. Seek medical treatment immediately and if possible, Ki|| and bring the spider with you to the
Operators of backhoe loaders have a responsibility to use caution to keep themselves safe, keep others
safe, and avoid causing damage to the equipment or the site. In order to do this you must be trained and
competent in the operation and all safe work practices involved.
1) Stabilizers should bespread hotheir full width and the bucket must be|nsolid contact with the
ground.
2\ Beware ofground conditions under your stabilizers and add support as needed.
3\ Always work slowly and keep your bucket as low as possible to maintain visibility and avoid throwing
off the center of gravity.
4\ Make aneffort toknow where others are inyour area atall times.
5\ Avoid driving across ahill with o loaded bucket, instead gostraight upqrdown the hill.
8\ Make sure the parking brake is activated every time you park the backhoe.
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Bobcat Safety
Operators of backhoe loaders have a responsibility to use caution to keep themselves safe' keep others
safe' and ovoid causing damage to the equipment or the site. In order to do this you must be trained and
competent in the operation and all safe work practices involved.
1\ Follow all ofthe manufacturer's operating and servicing instructions.
2\ Never attempt tooperate the bobcat from the outside ofthe cab.
3\ Donot carry loads higher than necessary bocomplete the task.
4\ Seat belts must beworn at all times during operation ofthe bobcat.
5> Check your surroundings during operation to ensure your safety and the safety of others.
6\ Do not lift the bucket so high that it obstructs your visibility.
7\ Reduce your speed and drive carefully over steep oruneven slopes.
8\ Go directly up or down s|opee, instead of across.
'Uircular Saw Safety
Circular saws must never be operated by any employee without the skill, good judgment, and physical
strength necessary to do so safely. Before attempting to operate a circular saw, you must get your
supervisor's express permission and be trained on all applicable safety rules.
1) Only use a saw that iamade for users with your dominant hand.
2\ Make sure that you are using a blade specifically made for the material being cut
3\ The blade must bebalanced to avoid shuddering orjerking.
4\ Keep anappropriate amount ofspace between the materials being cut and the guard.
5\ The material being cut must besecured against movement.
5\ Make sure the safety guard ienot removed oraltered inanyway.
7\ The work area must beclean and well lit.
8\ Make sure the saw isturned off before plugging inthe saw.
Farm Tractor Implements
others safe an4
avoid causing damage to the equipment or the site. In order to do this you must be trained and competent in
Lhe operation and all safe work practices involved.
l) Check the area for hazards like ditches ordebris before using tractor implements.
2) Pay attention to others in the area, as you may not be able to hear them over the noise.
3) Each tractor should be equipped with a first aid kit and fire extinguisher.
4) Donot work between the tractor and the attachment while the tractor iaon.
5) The power take off (PTO) shaft is very dangerous and you must be careful to observe all of the safe
work practices when working near opower take off shaft. These may include:
a. Never stepping over a PTO shaft.
b. PTO shaft must becompletely guarded mtall times.
57
c. Do not adjust the PTO shaft until the power has been shut off, moving parts have come to a
complete stop, and others in the area know where you are.
d. Make sure that long hair and any clothing that flows ordangles is secured.
6) Keep clear of any gathering rneohan|snnm that can be found on many attachments, as they usually
lead tnother crushing orslicing mechanisms.
111111111111111111! !111 Pill so
Industrial Tractor Safety
Operators of industrial vehicles have a responsibility to use caution to keep themselves safe, keep others safe,
and avoid causing damage to the equipment or the site. In order to do this you must be trained and competent
in the operation and all safe work practices involved.
l\ Know where the operating manual iafor the moving equipment.
2] /\ pre-operation inspection should beconducted toverify that the equipment issafe.
3) Verify that all safety belts and harnesses are ingood condition.
4) Stay attentive and alert at all times.
5) Do not operate an industrial vehicle if drowsy, or under the influence of alcohol or drugs.
6\ Seat belts should beworn any time anindustrial vehicle isbeing operated.
7\ Duet respirators and ear protection may be required for certain tasks if vehicle does not have a
protective cab.
Jackhammer Safety
Jackhammers use a tremendous amount of force to do their jobs' and that force can be potentially
dangerous. Operators of jackhammers must avoid injury by following the safe work practices.
D The proper tip must beused according tothe type ofjob you will bedoing.
2)Personal o ckh includes eye prVtectihearing protection
a hard ha1, a respirator ordust nnasu. long pants and m//V sleeves, sturdy p/u"=°",e s..""s. and
safety gloves.
3) Strong vibrations over a long period of time may cause "white finger oyndrorne'', and certain
precautions must betaken toreduce this risk:
f. Keep your hands warm.
g. Take frequent breaks.
h. Wear gloves that reduce the effects ofvibration exposure, ifprovided.
4} Proper warning devioes, such as ooneo, flags and brightly colored vesto, should be met up and worn
when working near roads.
5\ Always lift the jackhammer with your legs, instead ofyour back.
6) Do not carry the jackhammer bythe cords orhoses.
7) Disconnect the jackhammer to relieve any pressure in the hoses when you finish using it or are about
toperform maintenance.
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—oading and Unloading Stone Slabs
The correct techniques and safety equipment must always be used when handling stone slabs. To reduct
the risk of known hazards, you are required to wear all applicable personal protective equipment and follow
all of the safety guidelines.
|) All stone handling tasks should beadequately supervised.
2\ Avoid operating equipment onuneven surfaces when transferring slabs.
3) NEVER work inthe "fall shadow" the area oneither side ofthe slab where itcould fall.
4) All necessary tools and equipment used must be approved for the weight ofthe stone.
5) Never attempt tolift aslab byplacing aclamp over aweak vein.
6) Do NOT attempt to lift more than one slab atatime.
7) Use proper body mechanics and get the necessary help when using ahand held lifter.
8\ Two employees are required to walk at either end for support when transporting stone slabs with o
dolly.
9) Slabs must be adequately secured ontheir storage racks.
l0>Make sure the stone isdry when using avacuum lift.
11) Avoid overloading slab storage racks.
Portable Abrasive Saws & Grinders
An employee cannot use a portable abrasive saw or grinder until they have been properly trained. Training
must cover safe operation, handling, and maintenance of the saw or grinder.
l) Inspect the tool before each use, checking for chips on the abrasive wheel, bent teeth, craoko, and
that all guards and shields are in place and in working order.
2) Wear the appropriate personal protective equipment such as face shields, safety B|asaeo, gloves,
and hearing protection.
3\ Unplug the grinder msaw when changing the cutting heads orblades.
4) Never stand in front of an operating tool.
5) Do not exceed the safe maximum operating speed marked on the blade, wheel, or disk.
6) Never use ablade, wheel, ordisk that has been dropped ordamaged inany way.
Powder Actuated Tools
Powder actuated tools (PATs) use an explosive charge to drive studs, nails, and pins into a surface. PATs
are extremely dangerous and are only to be operated by an employee who has been fully trained and must
have a valid operator's card or certificate stating qualification of operation.
D Donot use a PAT inanexplosive cxflammable atmosphere.
2) Inspect the PAT before use, determining that K is dean, all moving parts operate freely, and that the
barrel is free from obstruction and has the proper shield, guard, and attachments recommended by
the manufacturer.
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4) Store PATs in a cool, dry, safe place that can be locked.
5) Do not carry unused charges in a pocket or in the same container as other nails and heavy objects.
6) Be aware of your surroundings, plant your feet firmly, and keep your hands and feet clear of the open
barrel.
7) You and people nearby should wear ear and eye protection.
8) NEVER point a loaded or empty PAT at a person or yourself.
Reciprocating Saw Safety
A reciprocating saw can be dangerous if employees are unfamiliar with how to use it or do not follow safety
guidelines. Any employee using a reciprocating saw must follow all safety procedures set forth by the
employer and manufacturer.
1) Choose the correct blade; an incorrect blade could cause binding.
2) Read the operators manual and all instructions before use.
3) Inspect the saw to make sure nothing is cracked, broken, or frayed.
4) Always wear your personal protective equipment:
a. Ear protection
b. Eye protection
c. Dust mask or respirator
5) Pay attention to the task you are performing and keep your hands clear of the saw.
6) Always unplug or disconnect the battery when performing maintenance on the saw.
Rotary Hammer Drill
Employees will be trained on the proper use of a rotary hammer drill on both employer and manufacturer
safe work practices. They will also become familiarized with all parts and proper functions of the drill before
given authorization to utilize the tool.
Safe or Practices
1) Do not use any rotary hammer drill with visibly damaged cords, guards, or any other damaged parts.
2) Use a rotary hammer drill with two handles.
3) Wear personal protective equipment.
a. Safety glasses
b. Hearing protection
c. Dust mask
4) Use the correct drill bit for the job and unplug the drill before changing bits.
5) Only use the chuck key to tighten/loosen drill bits. Do not use a wrench or screwdriver.
Skid Steering Safety
Skid steer machines are a multipurpose engine run machine that makes many jobs easier. Employees
operating a skid steer machine must be fully trained prior to operation and adhere to all safety practices in
order to prevent any accidents from occurring.
1) Read all of the warning labels and the operator's manual before operation.
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2) Inspect the machine before each use.
3) Never modify or remove any safe guards.
4) When entering and exiting the cab, always have three points (two hands and one foot or two feet
and one hand) of contact with the machine and never exit the cab with the engine running.
5) Always wear your seatbelt and/or safety bar.
6) Wear personal protective equipment.
c. Hard hat
d. Steel toed boots
e. Long Pants
f. Gloves
7) Regularly maintain the engine and clean the machine to keep everything running smoothly.
Tractor Safety
Employees will follow the proper preparation, safe handling, and caution guidelines in order to reduce any risk
while operating a tractor.
1) Be sure the tractor is properly serviced, checking lubrication, fuel, and water before use.
2) Do not fuel the tractor while the engine is running.
3) Every tractor must have a dry chemical fire extinguisher and first aid kit.
4) Keep wheels spread wide whenever possible to avoid tipping over; if wheels must be narrowed,
reduce speed.
5) Be alert for ditches, rocks, or holes that might cause the tractor to overturn.
6) Never get off the tractor for any reason without shutting off the engine first.
7) When using attachments, keep all shields and guards in place and do not operate equipment with
missing shields or guards.
8) Do not touch, climb over, or adjust the power take off shaft at any time while it is in motion.
Maintenance Department
Animal Carcass and Waste Disposal
Safety protocols must be followed if you are assigned to clean up dead animals or animal waste, because
these can be contaminated with any number of infectious agents.
1) Never touch a carcass or animal waste without personal protective equipment such as rubber or latex
gloves and a dust mask.
2) Avoid stirring up dust by never sweeping or vacuuming dry droppings or carcasses.
a. Spray the carcass or droppings with disinfectant or water and let soak 5 minutes.
b. If you will be using a commercial disinfectant, following the manufacturer's directions on the
label for dilution and disinfection time.
C. Never mix bleach or a bleach solution with ammonia (or droppings, which contain ammonia)
as this will produce chloramine vapors.
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3\ Contact the Health Department in your area for instructions on disposing of animal carcasses or
waste. In some eream, dead birds and squirrels must be reported and submitted for West Nile virus
testing.
4\ After the carcass or waste is removed, disinfect the surface and anything else that may be
contaminated.
Riding lawnmowers are so common that it can be easy to forget how many hazards are involved. Employees
who operate lawnmowers at work must follow all of the safety procedures involved or risk serious injury or
property damage.
D Employees must be familiar with how to operate the mower
2] Never remove ortamper with any guard unless maintenance is being performed and the machine is
properly locked and tagged out.
3) Wear complete personal protective equiprnent, including:
a. Gloves
b. Ear Protection
c Boots thick, durable clothing
d. Safety glasses �
4) NEVER attempt todislodge debris caught |nthe blades. '
Loading ATVs Safely
Loading or unloading an all -terrain vehicle (ATV) improperly can be very risky. In the event that the ATV falls
off the ramp nrtips over, extremely serious injury ordmnnogecou|d000ur.Emp|oyeesvvhodonotobaervethe
safe work practices while performing this task otwork will be subject to disciplinary action.
Safe Work Practices '
l) Employees may not operate ATV'suntil they have been properly trained and authorized.
2) Always appoint anadditional employee toact esospotter while loading orunloading.
3) Only use ramps specifically manufactured for the purpose ofloading mnATV.
4\ The maximum weight capacity ofthe ramps must never be exceeded.
5) Any time you are operating an ATV at work, you must wear a helmet and all other applicable safety
gear, such osboots.
6) The ramps must be aligned so that the tires are as close to the center of the ramps as possible in
order toavoid tipping.
7) During transport, the ATV must be secured well enough to prevent any movement or sliding on the
truck bed ortrailer.
Opening Trailer Doors
Safe loading, transport, and maintenance of trailers can greatly reduce the risk involved with opening trailer
doors to unload. Employees must take the appropriate safety steps to avoid hazards related to falling cargo
and sticking door bar locks.
December 2019
|} Cargo must always be properly secured before transport.
2) Do not load a trailer that is defective in any way, including bent door handles that could be a hazard
to open.
3) Make sure the weight ofthe cargo ieproperly distributed Vnthe trailer.
4) Make sure the vehicle \aparked onlevel ground before attempting tounload.
5) When opening door bar locks, donot stand where the bar lock might swing out atyou.
h) |fthe trailer has two doors, only unlatch one mtatime.
7\ Oil hinges, the door bar lock, and other components ofthe trailer asnecessary to ensure continued
function of all parts.
8) Make sun* the trailer is dry before storage to prevent rust ormold growth.
9) [}n not store trailers in areas where metal components may become wet.
Pesticide Safety
Pesticides can be very dangerous and employees who handle pesticides at work must understand the
hazards involved with this task and the safety steps required toreduce these hazards. Injuries are avoidable
ifthe mandatory safety steps are taken.
l) Employees must wear all of the required personal protective equipment as instructed by the SIDS
when mixing, handling, orcleaning pesticides.
Z) Only mix pesticides in well -ventilated areas and after you have been properly trained.
3) Stay out oftreated orrestricted areas, unless otherwise authorized.
4) Keep pesticides and chemicals stored in their proper storage locations.
5) Donot spray outside during adverse weather conditions.
6\ Remove anything from the area that may beunsafe tospray before applying pesticides.
7) Clean up any pesticide spills immediately.
8) K8�k���ur��oudon'tepnaodcuntmnninant�by�
--'- - ' - _
i. Washing your hands directly after working with pesticides. .�
j Only eat, chew gum orsmoke after you are done and have washed your hands.
k. Decontaminate and properly store respirators and other reusable PPE.
|. Wash work clothes separate from other laundry in hot water.
rn. Make sure you change your work clothes daily.
Pruning
Employees vvh - prune plants at work must know the potential hazards involved, be prepared before vvohdng,
wear the appropriate personal protective equipment, and follow all the required safe work practices at all
times.
D Employees should wear the required personal protective equipment when pruning, including eye
protection, a hard hat, gloves, long-sleeved shirt, long pants, and sturdy footwear.
2} Pruning shears must be sharpened every six hours ofuse.
d. It is dangerous to use dull shears because they will require more force to cut.
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December 2019
3) Never carry pruning tools while climbing ladders.
4) Maintain a safe distance from other employees when using pruning tools.
5\ Never cut branches or stems larger than what the pruning tool was designed to cut.
6) Always check that your hands and fingers are not inthe way before cutting.
7) 0o not toss pruning tools ordrop them from ladders to pass them to others.
8\ Always carry sharp tools with the sharp end pointed towards the ground.
9) Take breaks asnecessary when performing repetitive tasks.
10) Make sure to drink the recommended amount fluids to prevent heat illness.
11) When finished, pruning tools must be dry, returned to their proper storage |ocatiun, and in their
protective casing orcover where necessary.
Ratchet Strap Operation and Safety
Ratchet straps are an effective tool to securely hold a load in place during transportation. Employees are t#
use them for this purpose and will be sure to follow proper application, removal, and care procedures per the
employer and manufacturer instructions.
l) Make sure touse the appropriate sized strap for the job
21 Do not go over the weight capacity of the strap.
3) Inspect ratchet straps before each use, checking for wear and tear.
4) [}o not over tighten the straps.
5) Before driving, check all tie -downs tomake sure they are adequately secure.
6) Take proper care of ratchet straps to extend longevity.
a. [)o not store in direct sunlight.
b. Clean with mild detergent.
o. Hang to air dry.
1:V4 X44 P
Ammonia Safety�
Exposure to ammonia can cause severe harm to the skin' eyes and |ungn, but knowing the risks and how to �
avoid them can help prevent ammonia related injury. Before working with this chemical you must be trained on
the safe work practices that must be followed at all times.
1) Use air supplying respirators inareas with high concentrations ofammonia.
2\ Wear unwantedgoggles bzminimize ammonia exposure tothe eyes.
3\ Wear gloves, long sleeved shirts, and pants.
4\ Always wash hands before drinking, eating, orsmoking.
5\ Know where the eye wash and shower stations are located in case of emergency.
0\ Inspect hoses used for deterioration and replace them when needed.
7\ When transporting anhydrous annnnonia, be sure to check the vehicle's tinas, geacs, etc. and drive
64
Floor Scrubber Safety
Floor scrubbing units can bevery safe ifused correctly, and can even make your workplace safer bv
eliminating hazardous bacteria. Employees who use these machines at work must make a conscious effort to
avoid accidents byfollowing the safety procedures.
D Understand all the manufacturer's instructions and warning labels before using the scrubber.
2\ Only use the floor scrubber machine ifyou have been trained and authorized.
3) Before using, visually check that the machine isingood working condition, and donot use ifthere are
any signs ofdamage.
o Lock and tag out damaged machines and let your supervisor know.
4) Make sure bystanders and coworkers stay asafe distance away while the scrubber ison.
5) Use proper posture and body ergonomics when using the floor scrubber machine.
6) Do not use attachments unless they have been approved by the manufacturer.
7) Always keep your hands clear ofmoving parts.
8) [}onot bypass safety features orguards atany time.
9\ Never leave the floor scrubber machine unattended unless the key has been removed.
|0)[}onot use the floor scrubber totransport people orobjects.
ll\Foaming and/or flammable cleaning products should not beused inthe scrubber.
l2\[)nnot use floor scrubbers toclean irritating substances such as acids orhazardous dust.
l3\[]onot use the floor scrubber inareas where flammable substances are used orstored.
Good Housekeeping
Good housekeeping is important because there is a greater chance of accidents happening in a disorganized
and cluttered work environment. Employees are required to promptly put away any materials used, and dean
up all spills immediately.
MZ rallyfem 12
1) Put all materials and tools away in their proper places as soon as you are done using them/
21 Clean upspills, broken glass, and all other messes as soon osthey happen.
3) When reasonable, clean upyour work area esyou work.
4) [lonot put tools and other items away unless they are clean and ready touse again.
5\ Trash receptacles must be emptied asneeded.
6} [}o not block aisles with vehicles, materials, or other debris.
7) Doors and cabinet drawers should be closed toavoid obstructing aisle ways.
Housekeeping - Rags
Housekeeping rags may contain various dangerous substances such as bacteria and cleaning chemicals.
The proper storage and disposal of naQm must be implemented to contain the spread of these substances
and avoid the threat of fires.
December 2019
e. Kept to a minimum.
b. Disposed ofonoregular basis.
2) Soaked nags should be kept in closed metal containers to lessen the risk ofevaporation or exposure
to heat.
3) Employees must keep clean rags separate from soiled rags.
4) Cloths should bekept inebucket ofsanitizertokill bacteria.
5' Soiled rags should not be used for spill cleanup — they may contain chemicals that are not
compatible with solvents in the spill.
Housekeeping for the Office
Housekeeping not only helps to create a more organized workplace, but can help reduce accidents as welL
Employees are to take all possible measures to maintain order and safety in the office.
D All spills should becleaned upas soon ospossible.
2\ Refrigerators should becleaned out regularly toavoid bacteria build UP.
3) Clearly mark all cleaning supplies.
4) Store chemicals and cleaning supplies inseparate areas than food items.
5\ Employees must keep walkways clear ofpiles and other clutter.
6) Never let electrical and telephone cords cross walking paths, causing otrip hazard.
Office Ergonomics
Most non-fatal occupational injuries are from sprains and strains, which can heavoided bvthe constant use
ofproper ergonomics. All office employees must actively use correct posture to prevent musculoskeletal
disorders.
l) Employees must keep their head level ortilted slightly downward.
��--Your work must be - placed \nfront ofyou bz'ensure that you are looking straight
S) You must sit with your shoulders relaxed instead of hunched or rotated forward.
4\ Keep your elbows close toyour sides and bent atabout o9Odegree angle.
5) |fyour chair has abackrest, make sure touse ittosupport your lower back.
6) Employees must sit upright orleaning slightly back.
7) Wrists must be kept straight vvhenvvorNng.
8' Your knees should be atthe oernelevel ors|ighUybe|mvvthe level ofyour hips vvhensifting and your feet
' should be comfortably supported, either bythe floor orbyafootrest.
Office Safety
Office work i not viewed as dangerous, i U \ d d u�' butthere are asurphsingnunlberofaoo�entethat occur in
�
on office setting every year. Employees must take these hazards seriously and play an active role in trying to
prevent accidents from happening.
December 2019
D Carpeted areas must bekept flat and show nosigns offnavng.tears.and|Ufs.
21 Employees must not run wines or cables in the middle of common walkways.
3) Keep hallways and walkways clear of boxes, filing cabinets, and other excess clutter.
4) Do not sit on counter tops, desktops, or any surface not intended to be used as a seat.
5) When using sharp objects such ooknives, scissors, etc. cut away from your body.
6) When lifting, bend your knees and keep your back straight. Do not arch your back.
7\ [)onot leave space heaters unattended.
O) Heaters must be at least 3 feet from any combustible materials such as furniture, papers, boxes,
clothing, purses, etc. etall times.
Personal Protective Equipment (PDBLMJ
Personal protective equipment is the first line of defense against physical injuries and health hazards. PPE
will be readily available and must be worn in required work areas and activities.
D The required PPE has been determined by a certified hazard assessment indicating what hazards are
present or are likely to be present. Any changes in the workplace, equipment or techniques involved
will result inanew certified hazard assessment being completed.
2) Employees will be trained to know when to wear PPE, what PPE should be worn, how to put on and
take off and adjust PPE, as well as, the limitations of the PPE and its use, care, and maintenance.
3\ Tmsiningawill bedocumented.
4) When there is a reason to believe that any employee who has been trained does not have the
required understanding and skill or there are changes in the workplace, the employee will be
retrained.
5) PPE must bereadily available and kept inareliable and sanitary condition.
6) If PPE iafound to be defective itmust be discarded orremoved from service.
7) PPE must beofthe appropriate size and fit for each employee.
----'@\— With the exception ofnon-specialty safety -toe protective footwear and non -specialty prescription --- -'---';
eyewear, all required PPE will be provided by the employer at no cost to the employee. In addition, �
everyday clothing such as long -sleeve shirts, long pants, and normal work boots are not provided by �
the employer. Items used solely for protection from the weather, such as jackets, are also not �
provided bythe employer �
9\ Employees may provide their own protective equipment, sVlong astheir supervisor assures its �
adequacy, including proper maintenance and sanitation. �
Some examples ofPPE are asfollows:
l) Eye and face protection should be used when flying particles, dust, corrosives, sparks, intense light,
splashes, orsprays ofhazardous material are present.
2) Hard hats protect from impact injuries, failing objects, flying nbieots, electrical shock, and burns.
3) Wear gloves and sleeves to protect from burns, bruises, abrasions, cuts, punctures, fractures,
amputations, and chemical exposure.
4) Vests, coveralls, body suits, and aprons protect the body from intense heat and splashes from
chemicals orhot liquids.
5) Hearing protection should beused when noise levels exceed 9OdB.
6) Respiratory protection should be used when harmful dusts, fogs, furnes, annmkeo, or vapors are
present.
PPE - Disposable Dust Masks and Respirators
Disposable respiratory protection is very different than non -disposable respiratory protection, and if you are
working at a job that can be done safely with nothing more than a dust mask or disposable respirator, it is
important to know the safety guidelines required for each.
Nuisance dust masks are mainly used for comfort relief when doing jobs like dusting or mowing the lawn but
there is no lung protection provided. Disposable respirators are tested for safety and have safety guidelines
associated with their use, such as:
D Employees may not wear a disposable respirator until they have been fit -tested.
2) Only choose respirators that display e statement of certification by W|{J8H (National Institute for
Occupational Safety and Health) onthe packaging orrespirator itself.
3) Read all instructions provided by the manufacturer and adhere to recommendations regarding the
proper use, maintenance, cleaning, care, and warnings.
4) Confirm that o good face seal is achieved bypinching the metal bar around your nose and making
sure there are nogaps between the mask and your face.
5\ Never share disposable respirators with others.
6) Keep respirators protected from moisture, dust orother contaminants at all times.
7) [)onot use amisshapen orbent disposable respirator.
O) Discard if the disposable respirator becomes damaged or contaminated in any way.
PPE - Eye Protection�
The primary prevention to eye injuries is protection. When working with equipment or chemicals that could
cause harm nmthe eyes, employees must shield their eyes with the proper eye protection. �
l) If eye protectionksneeded for a job, itmust beused regardless nfthe size of the job.
2\ Be sure bystanders and coworkers wear the proper eye protection if your job cannot be isolated.
3\ Wear the appropriate type of eye protection for the job.
e. Safety Glasses
b. Goggles
o. Face Shields
4) Be sure guards' screens, and shields are in place and functioning properly for additional eye
protection.
PPE ~Hand Protection
Wearing gloves help protect the hands from hazards such as cute, burns, abrasions, punctures, and
chemical exposures. Employees exposed tothese hazards must wear gloves during work operations.
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l) Wear the appropriate gloves for the job ethand.
2) Make sure the gloves fit properly;
a. gloves that are too big can bepulled into gears or machines;
b. gloves that are too small can affect the circulation in the hands and cause numbness.
3) Be sure to properly maintain work gloves and should any wear and tear occur, replace them right
Hard hats must be worn when hazards such as falling objects, exposure to electrical conductors, or any
causes of head trauma are present. Hard hats can resist and deflect the blow of an impact, absorbing some
D Inspect your hard hat daily before use.
2) Never modify the shell orsuspension.
3) Make sure the hard hat meets ANSI standards.
4) Use the correct class of hard hat for the job at hand.
o. Class A helmets are good for general service and provide good impact protection but have
limited voltage protection.
b. Class B helmets provide good impact protection and protection against high-voltage shocks
and burns.
iiiiii:�illillillillillillilliillillillillilillilI MEN
PPE - Hearing Protection
To be applied in conjunction with training nneteho|a for noise -induced hearing |ono, hearing protection is
required when exposed to an 8 -hour time -weighted average of 85 decibels or greater. Employees should be
able to calculate the amount of protection provided by hearing protection de/ices by using the NRR formula
and adequately protect themselves by using dual protection if necessary.
Safe Work Practices
To determine actual noise reduction provided by single protection (either muffs or plugs) perform the
following:
1. Determine the laboratory -based noise attenuation provided by the manufacturer. This is referred to
eethe Noise Reduction Rating (NFlFl) and islisted onthe packaging.
2. Subtract the NRR from the C -weighted time weighted average (TVVA) workplace noise level:
Estimated Exposure /dBA\=TWA (dBC)—NRR
3' |fC+weiOhted noise level data is not avai|ab|e. A -weighted data can be used by subtracting a 7 dB
correction factor from the NRR, as follows: Estimated Exposure (dBA) = TWA (dBA) - (NRR - 7)
4. Example: TVVA=1OOdBA,muff NRFl=1BdB Estimated Exposure =1OO-/1B-7\=88dB
Todetermine noise reduction for dual protection (ear muffs and plugs used simultaneously) use the following:
2. Subtract 7 dB from NRRh if using A -weighted sound level data.
3. Add 5 dB to the field -adjusted NRR to account for the use of the second hearing protector.
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4. Subtract the remainder from the TWA as follows:
5. Estimated Exposure (dBA) = TWA (dBC) - (NRRh + 5), or Estimated Exposure (dBA) = TWA (dBA) -
[(h- 7) + 5]
6. Example: TWA=1 10 dBA, plug NRR=29, and muff NRR=25 dB Estimated
Exposure = 110 - [(29 - 7) + 5] = 83 dBA
PPE - Knee Pads
Jobs that put pressure or strain on the knees should always been done with knee pads to reduce the risk
knee injuries. The added support knee pads provide can help increase performance and speed. I
1) Be sure to wear the right type of knee pad for the job.
a. Cloth braces protect the back of the knee as well as the knee cap. They provide gentle
support and a slim fit.
b. Soft caps provide more cushion and support than a cloth brace while still allowing free range
of motion and flexibility.
c. Hard caps offer the most protection and should be used for long periods of kneeling.
2) Contact your healthcare provider if you are experiencing sudden or increased pain to your knee
joints.
Respiratory Protection
Respirators must be used when employees are exposed to harmful fumes, dust, vapors, and gases.
Employees must use and maintain respirators properly; improper use of a respirator can lead to illness or
even death.
1) Regularly clean and disinfect respirators.
2) Inspect respirators for defects such as tears in the face piece, missing straps, and missing valves.
Replace damaged and defective respirators.
3) Before using a respirator, employees should -be -evaluated -by a physician.
4) Employees who wear tight -fitting respirators must undergo fit testing before using their respirator.
a. Fit -testing will be done annually, when a different respirator is chosen, and when there is a
physical change in an employee's face that would affect the fit.
5) Leave respirator required areas to make any changes or adjustments to the respirator, or if you begin
to feel ill.
Safety Vests
Employees working in areas with vehicle traffic, whether during the day or at night, are required to wear a
safety vest in order to increase their visibility to drivers.
1) Be sure to wear the appropriate vest for the job.
a. Class 1 vests are for controlled environments, such as loading docks and parking lots, where
traffic is travelling 25 mph or less.
b. Class 2 vests are to be worn when operations are near traffic that goes faster than 25 mph.
c. Class 3 vests are to be worn when traffic is traveling 50 mph or higher.
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especially• i to wear a safety vest when working at night.
3) Inspect your vest periodically for wear and tear.
Cell Phone i
Although employees are discouraged from making personal calls at work, cell phones are useful to hav-z
during emergencies and employees should know how to use their phone effectively during an emergency.
•
1) Keep your cell phone adequately charged at all times, because you never know when an emergency
might occur.
2) Contact numbers for your supervisors, local police and fire departments, and even the power
companies may need to be stored on your phone.
3) Employees must know the proper authority to contact during an emergency.
4) Employees must know how to operate the work phones on the chance that their phone dies during
an emergency.
5) When calling 911 from a cell phone, immediately tell the call -taker your location and your cell phone
number in case you get disconnected.
6) If you must use your cell phone while on the road, you must use "hands free" devices that allow you
to keep your hands on the steering wheel and your eyes on the road.
Cell Phone Use While rii
Whether you have a work phone or a personal cell phone, you should never use it while driving. The only
exception is during emergencies such as when calling 911, a healthcare provider, the fire department, or any
other type of emergency services.
1) If you must use your -cell phone while on the road, -you must use "hands free" devices that allow you
to keep your hands on the steering wheel and your eyes on the road.
2) Never make personal calls or texts while driving.
3) If your phone rings while you are driving, wait until you can pull over to a safe spot before you take
the call.
4) If you must report an emergency situation while driving, continue to stay alert and cautious and pull
over to a safe location at your earliest opportunity.
Prequalification
All subcontractors mus•` prequalified c ensure they can •` held to the required safety standards.
be qualified based • i i including safety statistics, documented safety training, and
their safety
program. i consideration include :. EMR, DART,and Fatality Rate among •
Subcontractors wilbe •.e pre -job safety orientations or meetings,unable to attend, a separate
meeting covering the same topics and information will be held with the subcontractor. Subcontractors must
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Flashlight Safety
Flashlights are very useful and safe tools, but in the hands of a careless employee can easily become
dangerous. It is important for employees to be trained on the proper use of flashlights to avoid accidents.
2) Store flashlights in a coo' dry place when not in use.
3) Always turn the flashlight off when you are finished.
/A [)onot store flashlights near flammable materials orhighly ignitable materials.
5) Maintain a firm grip on the flashlight to avoid dropping it.
6) When using a flashlight, aim it at the ground in front of you instead of straight ahead,
7) Absolutely never shine eflashlight into somebody else's eyes.
8) Never use eflashlight while driving.
9\ If you need something illuminated while driving, make sure to pull over first.
Hand and Power Tool Safety
Accidents happen when employees underestimate the possible danger ofpower orhand tools. Employees
must observe all of the following safe work practices to help keep you from damaging the tool, the material,
or yourself.
l) Oonot operate any tool without safely knowing how tooperate it.
2) All tools must be kept in good, safe condition and used only for their intended purpose. �
3\ Personal protective equipmentnecessary for the hazards present inthe use ofpovverorhand tools
/
must beused st all times.
4) Inspect tools before use for bent pieces, loose or missing parts, and rust or corrosion. �
5) Tools that are struck must be intact and ground down to reduce chipping.
6) If power tools are designed or required to accommodate guards, guards must be in place and operable
at all times while the tool is in use. The guard may not be manipulated in such way that will
compromise its integrity or compromise the protection in which intended. Guarding shall meet the
requirements set forth in ANSI B15.1.
7) Any guards on hand tools must be in place and never tampered with.
8) Any power or hand tools found to be unsafe or defective must be identified by tagging or locking the
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Ladders �
Employees who climb ladders at work must take great care to avoid failing. The �k of falls and other injury
will be greatly minimized if the appropriate safe work practices are followed.
1\ All ladders must meet orexceed OSHA/ANSI standards. .
2) Ladder rungs, cleats, and steps shall be parallel, level, and uniformly spaced when the ladder is in
position for use
Before efonausing|eddens,ennp\oyeenshou|dcheckthotthe joints are tight, free ' grease or other slippery substances, all nuts and bolts tightened, and that the spreaders and safety
feet are functioning properly.
4) When using a ladder, you should never exceed the maximum weight capacity.
5\ Never step onthe top two rungs ofastep ladder.
O\ Never move aladder while you are onitbyrocking orpushing ona supporting wall.
7\ Tools and materials should never beleft ontop ofladders.
S Th�r�ehou\don|yb�on��nop|oy�eonth�|�dd�r�t�tinn�un|�motheladder isspeci�ca||ydesigned
'
tohold two people.
9) Ladders must be set up on solid footing and against a solid support and are not to be used as
scaffolding orany purpose other than designed.
10\ Side rails ofportable ladders must extend etleast 3feet above the upper landing surface ormust be
secured at its top to a rigid support that will not deflect or move in some way.
11) Extension ladders are tobeused a1enangle such that the horizontal distance frnnnthe top ouppo�to
' the foot of the ladder is approximately one-quarter of the working length of the ladder.
12\ Employees must face the ladder while ascending ordescending, and keep 3points ofcontact onthe
ladder otall times.
13\ All ladders must beappropriately marked and labeled.
14) Ladders and all of their accessories must be maintained in good condition and inspected periodically
for any visible defects.
- 15\|feladder \s'found tobe defective itmust beremoved from use ortagged out immediately.
18\ Ladders should be stored inadry and safe place.
17\ [)o notat�ckorator� materials on |adderodurinQotorage�
, �
18\ Never leave ladders unattended inthe middle nfwalkways. �
19) Ladders should be kept clean and free of contaminants that may deteriorate them or cause them to �
become slippery. �
20\ Donot store wooden ladders inareas where they will be exposed toheat ormoisture. �
21\ Do not store metal ladders where they will be exposed to fire or chemicals. �
22. Do not store fiberglass ladders where they can be exposed to fire, chemicals, or sunlight. �
Leaf Blower Safety
Employees who use leaf b|ovvena a1work should understand the hazards invo|ved, wear the appropriate
personal protective equipment, and follow all of the necessary safety guidelines.
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D Quickly inspect the leaf blower before use to make sure there in no visible darna8e, and all controls
and safety devices are working properly.
2} Never pointing a leaf blower in the direction of people or pets.
e. Always pay attention towhere the discharge chute inpointing.
3) All other personnel should stay considerable distance away when a leaf blower is being operated.
Turn off the leaf blower ifyou are approached.
4) Leaf blowers should only be operated outside orinwell-ventilated areas.
5\ [)o not modify leaf blowers in am/ay.
6\ Employees should never operate leaf blowers from a |adder, rooftop, tree orother unstable surface.
Leaf blower nozzle attachments can beused toreach high places.
7\ If you will be operating a gasoline -powered leaf blower, make euna that the proper gas is used and is
stored correctly when done. Never smoke when handling fuel.
8) [}onot use aleaf blower toclean up gravel, cement dust, orany hazardous substances.
9) Always turn the leaf blower off and store properly when leaving itunattended.
10) Never use a leaf blower if you are tired, sick, or under the influence of drugs or alcohol.
Machine and Tool Safety
There are many machines and tools that can do serious harm if not used properly. Employees are required
to get proper training before working with these tools and o|vvoys follow the safety guidelines to avoid
l) Employees should be familiar with the possible hazards.
2) Perform asafety check prior toworking with machines ortools.
3) Do not start a machine if you have not verified there are not others in the area that may be injured
upon the start-up ofeparticular machine.
4) Never remove ortamper with guards Vrother safety devices.
5) Do not operate any tools and machinery while impaired in any way.
'6) Avoid distractions when working with power tools
--'orother machi-,---`nea.
7) Loose -fitting clothing should be avoided when working with machinery and tools.
8\ Remove jewelry, tie up long hair, and do not wear ties before using machinery and tools.
9) Personal protective equipment varies with different machinery, and employees must be familiar with
the types of personal protective equipment that are required for different tools.
Pallet Jack Safety
Pallet jacks must be operated per the employers and manufactures guidelines. Misuse of a pallet jack,
whether manual or electric, could lead to serious injuries to the operator and those nearby.
1\ Inspect the pallet jack and tires before each use.
2\ Wear steel -toed boots, O|oves, and safety glasses.
3\ Make sure the load is secured tothe forks and iswithin the jack's weight capacity.
4> If using an electric pallet jack, do not go too fast. Excessive speed could cause the jack toflip over.
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i,) Do not ride or let others ride the pallet jack or engage in horseplaV.
i,) Leave a three -jack distance between you and other pallet jacks when following themp
7) If the load is too tall for you to see over, use spotter to help you navigate.
8) When using a pallet jack that you ride on, all of the above safety rules apply as well a
c. Hands must be clean and dry to ensure a good grip.
d. Shoes must provide enough traction to keep you secure on the pallet -jack.
e. Face the direction of travel when operating.
Power Tools Near Water
Most power tools are not made to be used near water, but in the event that it is necessary, you must use the
right tools for the job and follow the applicable safe work practices at all times. Employees who are found not
following the safety guidelines will be subject to disciplinary action.
D Employees are never to perform work near apool unless itksclosed topatrons.
2\ Wires and extension cords should beinspected for damage before using.
3\ All power tools must be plugged into o ground fault circuit interrupter (GFC|s)to protect against
electric shock.
4) Avoid using power tools with extension cords longer than 100 feet.
5) Do not store electrical power tools where they could fall or be dropped into the water.
6) Always keep electrical equipment ten or more feet from the pool or body of water.
7) If a tool does fall into the water, do NOT reach for it until unplugging from the power source.
8) Uninsulated extension cords should never be used on a pool deck.
9) Never use power tools when your hands are wet or while standing in a puddle of water.
--�=-----lH—Employees -working onscaffolds must be trained inthe 'hazards and necessary /precautions_��-�________�
2) Training will cover: proper use of scaffolds, load limits, electrical hazards, fall hazards, and falling
object hazards. If new hazards present or new equipment that have not been covered by previous
training, employees will be retrained. If there is reason to believe that an employee lacks the skill or
understanding needed for safe work, employee(s) will be retrained.
9,) The design load of all scaffolds shall be calculated on the basis of: (A) Light --Designed and
constructed to carry a working load of 25 pounds per square foot (B) Medium --Designed and
constructed to carry a working load of 50 pounds per square foot (C) Heavy --Designed and
constructed to carry a working load of 75 pounds per square foot.
4) The maximum work level height shall not exceed 3 times the least base dimension below the platform.
5) All scaffold work levels 6 feet or higher above the ground or floor shall have a toe board at locations
where persons are required to work or pass under the scaffold.
6) All scaffold work levels 30 inches or higher above the ground or floor shall have guardrail protection.
7) All planking or platforms shall be overlapped (minimum 12 inches) or secured from movement.
December 2019
8) If wheels or casters are used, they shall be properly desicined for strength and dimensions to support
at least four times the design working load and must have a positive locking device, or other effective
means to prevent movement of the scaffold.
9) Where leveling of the scaffold is required, screw jacks or other similar means for adjusting the height
must be included in the base section of each mobile unit. The screw jack shall extend into its leg tube
at least 1/3 its length but in no case shall the exposed portion of the screw jack exceed 12 inches.
10) Scaffolds and scaffold components shall be inspected for visible defects by a competent person
before each work shift, and after any occurrence which could affect a scaffold's structural integrity.
repaired or the unsafe condition has been remedied.
F@agger Safety
F|aggenaare responsible for protecting themselves, oovvorkers, and passing pedestriansormotorists. It is
very important for employees with flagging duties to take their task seriously, wear the appropriate clothing,
and adhere to all of the safe work practices.
l) Flaooersshould beinplace before work starts and should only leave after the job isdone.
2) F|agQero should avoid leaning or sitting on vehicle to make sure they are visible.
3) Do not wear head phones or ear buds, or participate in distracting activities.
4\ Alert your supervisors ifyou need someone totake over for you.
5) Flaggers should be trained on what to do in emergency situations, such as car accidents.
6) F|aggers must wear approved clothing with the proper amount ofreflective material on it.
7\ Donot raise your voice orargue with aggressive drivers.
8\ If an aggressive driver threatens you or fails to follow instructions, discreetly take down their license
plate number and vehicle description and report ittoyour supervisor.
_Safety Signs
Safety signs are used throughout the vvorko|ooe in order to remind and protect employees of hazards.
Employees should never ignore any safety signs and should follow the instructions posted along with regular
safety procedures.
l) Understand the signage mo|onsandtheirnneanngs.
o. Danger signs are red and black with a white field. They indicate an immediate hazardous
situation that can result in severe injury or death.
b. Warning signs are orange with black lettering. They indicate a potentially hazardous situation
that can result insever injury ordeath.
c Caution signs are yellow with black lettering. They indicate a hazardous situation that can
result in m moderate injury.
d. Notice signs are blue and white. They indicate company policies relating tnsafety.
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e. Special safety signs are various colors depending on the sign and are usually used for
biological and radiation hazards. These indicate the presence or potential presence ofblood
orother biohazards.
[ Safety signs are green and white. They are used to indicate general safety instructions or
locate safety equipment such naa first aid kit.
Traffic Control
Working on or near traffic can make a safe job dangerous and a dangerous job much more so. Employees who
do this must follow all of the safety guidelines in order to prevent injuries or accidents. A traffic control plan is a
way of directing traffic safely through or near your worksite. Employees working at sites near traffic should be
knowledgeable of their employer's traffic control plan to ensure smooth execution and reduce the chance of
collisions or other accidents.
l) Cones must be placed about 2Ofeet apart when being used to transition traffic from one lane to
another, and 4Ofeet apart about instraight driving areas.
2\ In urban areas: spacing for placement of warning devices should be 4 to 8 times the speed limit (\n
nnph\beforereaohingtnaffi000ntro|zones.
d. � This means that ifthe speed limit is 50, cones should beplaced between 2OOto4ODfeet
before the work site.
3) In rural areas: spacing for placement of warning devices should be 8 to 12 times the speed limit (in
mph) beforereaching traffic control zones.
e. This means that ifthe speed limit io50.cones should beplaced 40Uto0OOfeet before the
work site.
4} Stay visible by wearing a safety vest with an approved amount of reflective material on it anytime you
are working near traffic.
5) Keep at least one method of escape in nnind, in the case of an emergency (such as a car driving into
the work zone).
f. In an emergency situation, get yourself to safety then alert your coworkers.
g. Employees must know what to do in all emergency situations, including car accidents.
Aerial Climbing Safety
Elevated work locations are inherently dangerous by nature. Since this is such a hazardous task, fall
protection is always required when climbing 4 feet or more. Federal and California state policies require you
to be attached to an anchorage point at all times when climbing structures.
1\ At least one qualified climber should bepresent for each aerial climbing job.
2 Conduct a jobaite survey to identify hazands, implement proper controls, and make sure what you're
climbing is safe before attempting the climb.
3\ Inspect the equipment to be used regularly and before each use for damage and defects. including
' oUnnbin8 nopes, harnesses, positioning belts, lanyards and any other tools or equipment used for
o|\nnbinQ or trimming.
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4) Know and follow your employer's pre -climb and emergency procedures.
5) Do not climb in bad weather unless you have been thoroughly trained and authorized to perform
i,) Recognize and respect the danger of failing by following your company's policies and procedures TJ
all times, and using common sense. I
Boom Lift Safety
Employees who operate boom lifts at work must be fully avvana and instructed on the hazards involved as
well as the safe work practices that can be used to reduce those hazards. Any employee found not
observing the aa#ah/ rules will be subject to disciplinary action.
1\ Always keep a safe distance from electrical lines.
2) If you are working near electrical lines, call the electrical company to see if it is possible to have the
power shut off for aperiod oftime.
3\ Never load the bucket orplatform beyond its weight capacity.
4\ Wear the proper fall protection and never raise the boom lift higher than recommended.
5\ Be sure all safety guards and devices are in place before you use the boom lift.
O\ Never walk underneath the bucket orplatform.
7\ Keep bystanders otosafe distance byenclosing the area ofoperation with caution tape.
Chainsaw Safety
Misuse ofnheinsavvs will not be tolerated because they can be extremely dangerous when used improperly.
Before operating the chainsaw, you must be trained and authorized by your supervisor to do so and follow all
applicable safe work practices at all times.
1) Before starting the chainsaw, take note Vfothers inyour surroundings.
2> [}onot use the top half ofthe saw tip toavoid kick back.
--
3) OOnot push -the saw through the rmaterial. ' --- - — ------- --- ---=-
4\ |fthe chainsaw ienot cutting effectively, stop and sharpen the chain.
5> Always hold the chainsaw firmly with both hands,
0) Never overreach to make anut.
7\ When using o |adder, tether the chainsaw toyou instead of carrying it to keep three points of contact
onthe ladder atall times.
8) Personal protective equipment when using a chainsaw may include safety goggles, ear pndeoiion,
chainsaw pants, gloves, durable boots, and ohelmet.
Chocking Wheels Safely
Employees must use wheel chocks when securing vehicles against movement during loading, maintenance,
or parking on a slope. When used in conjunction with the brakes, wheel chocks can help prevent accidents or
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1\ Some wheel chocks have eweight |inoi[ and it is important to know how much weight yoursoecific
wheel chocks can accommodate before using.
2> if using wheel chocks to prevent rolling when parked on a s|ope, it is important to chock the side of the
� wheels that are facing the slope. |fthe street seems flat, chock both sides ofthe wheel.
3) A|vveyo use chocks in tandem pairs. For enennp|e' if you place a chock in front of the right rear tire, you
must also place a chock in front of the left rear tire.
Keep eepinnoindtha1vxetorsondysu�aoeovvi||provide\eastnactionthenaspha|toroenoent.
5' The vehicle b� in park and the emergency brake must be engaged prior to installing wheel'
chocks.
Cranes
Mishandling and unsafe operation ofcranes will not betolerated because itcan lead to extremely dangerous
situations. Before operating the crane, you must be trained and authorized by your supervisor to do so and
follow all applicable safe work practices at all times.
1\ Cranes must only be operated byqualified and trained personnel.
1\ The crane and ot�chedcontrols nnustbeinspected before use forsigns ofdan�aOe and loose or
' missing parts. Daily and monthly inspections shall be performed and kept by a competent person and
annual inspections shall beperformed and kept bvoqualified person.
2\ Avvri�eninspection pe�ornned byaqualified person shall bokept and nnointeinedbythe employer of
' any repairs or alterations made to the equipment. If any safety device are not operational, the crone
must be tagged out and not operated until all safety devices are operational at all times.
3\ The operator's manual must befollowed and ocopy ofthis manual must be available inthe cab atall
times.
4\ All operational aids must be functional at all times the crane is being operated. If the operational aid is
being repaired a temporary alternate method may be used.
5\ |facrane iaput back into use after 3ormore noonthaofstorage, athorough monthly inspection
' performed by a competent person shall be performed prior to the crane being put back into service.
'0> If the equipnnantistaken out ufservice, itnlVst betagged out, vviththe tag located inthe cab orina__
' conspicuous position stating that the equipment is out of service and not to be used. The tag may only �
be removed by an authorized person only once they have verified that the equipment has been �
repaired' is operating properly, and that no one is servicing or working on the equipment.
7\ All cranes must have enaccessible fire extinguisher available inthe crane cab suitable tothe hazards
present.
8\ All crane hooks rnustbeequipped vvithfunctioning self-closing latches. These se\AatchinAhooks rnuat
' be used and not disabled or blocked open unless it has been determined to be safer to hoist and place
the load without latches.
S\ The crane shall not beaooennb|edorused unless ground conditions are �rrn.level, and stable. A
' competent person shall verify ground conditions are able to provide support for the crane in accordance
with the crane manufacturer's specifications. Crane assembly and disassembly shall bedirected bya
competent person assisted by a qualified person, or someone who is both a competent person and a
qualified person according tomanufacturer's instructions
10\ Outriggers shall befully extended when operating the crane.
11\ |fthe crane istobeoperated, aosennb|edordisassernb|edvvithin2Ofeet ofelectrical lines or
'equipmnentoperaUngupto35QkV.the|ines/equipmentsha||bede-enerQized.groundedorsomeother
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Dump Truck Safety
Operators of dump trucks are responsible for following all of the safe work practices necessary for avoiding
accidents, to keep themselves and others safe. Knowing the hazards involved, performing pre-operation
inspections, and following the safety guidelines are the steps that can be taken to ensure safe dump truck
operation.
1 ) Dump truck operators should wear a reflective, high visibility vest, protective footwear, and a hard hat
in areas where required.
2) Do not back up the truck unless you have surveyed the area and have a spotter.
3) Operators should have a spotter or backer when reversing or dumping a load, and the spotter and
operator should always be clear on the meaning of hand signals.
4) All personnel should be clear of an area before dumping.
5) Do not reverse a dump truck faster than walking speed.
6) When raising the dump truck bed:
a. Always make sure the ground is level before dumping.
b. Make sure there are no overhead obstacles, like trees or electrical lines.
c. Drive slowly and do not make sudden turns with a raised load.
7) Always block a raised dump truck bed with a prop specifically intended for this purpose before
working beneath it. Props must be used according to the manufacturer's instructions.
Fall Protection
Employees are required to wear fall protection when they are exposed to a fall of six (6) feet or greater. Any
employee with exposure to a falling hazard must be trained to recognize the hazards of failing and how to
minimize them. This training will be documented. When deficiencies in training are observed or when work
practices are changed or when fall protection equipment is modified, retraining will be done.
•
1) Only employees trained and authorized to work in areas with fall hazards will be allowed to enter these
areas.
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2\ Fall protection bonieny may include guandnai|s, toe boards, temporary floors, or barriers. �
a. A standard guardrail shall consist of top nsi|' nnidraU or equivalent protection, and posts.
b. Shall have overtical height within the range of42inches to45inches from the upper surface ofthe
top rail to the floor, platform, runway, or ramp level.
3) Without adequate protective barriers, ANSI approved fe|| protection must be worn any time avvorhing
height reaches six /0\ feet or more, this includes mpeninQs/ohaRways, roofs steeper than 7:12. or
sloped surfaces steeper than 4Qdegrees.
4\ Travel restraints must beworn io prevent employees from getting too close toan edge.
5) Personal fall arrest systems, when stopping afa\|, must be designed such that:
a. Maximum arresting force on on employee is limited to 1.800 pounds when used with a body
harness
b. An employee can neither free fall more than O feet, nor contact any lower |eve|, and, vvhenm
practicable, the anchor end ofthe lanyard shall besecured mtalevel not lower than the employee's
waist
c. An employee is brought to a complete stop and rnoxinnurn deceleration distance an employee
travels is limited to 3.5 feet �
d. And, there is sufficient strength to withstand twice the potential impact energy ofen employee free
failing a distance of #aet, or the free fall distance permitted by the system, whichever is less.
6) Anchorages used for attachment of personal fo|| arrest equipment shall be independent of any
anchorage being used to support or suspend platforms and capable of supporting at least 5'000
pounds per employee attached.
7) Positioning device systems must be rigged such that an employee cannot free fall more than 2 feet. �
They must be inspected prior to each use for wear, dannage, and other deterioration, and defective
components shall be removed from service. The use of non-locking snaphooks is prohibited.
Anchorage points for positioning device systems shall be capable of supporting two times the intended
load or3,OQOpounds, whichever is greater.
D\ Safety nets must be used where conventional fall protection systems are not practical.
a. Nets should never be placed more than thirty feet from the working surface.
b. Safety nets must extend at least eight (B)feet beyond the building. !
' y\ |nthe event that conventional fall protection is infeasible or would create agreaterhazord.-acontroUed' ' '
access zone shall beestablished and fall protection plan implemented. �
lO)Afall protection plan shall : �
a. Be created specifically for the jobeite by a qualified person and maintained up to date in the event �
that new hazards are realized. �
b. Beunder the supervision ofmcompetent person. �
c. Identify each location where conventional methods cannot be used and designate them as �
controlled access zones. �
d. Name or identify each employee designated to work in controlled access zones. No other �
employees may enter controlled access zones. �
e. Controlled access zones shall be defined by control line orother means of restricting access with �
o rn|ninnunn breaking strength of 200 pounds. These lines shall be erected not |eoo than 6 feet nor �
more than 25feet from unprotected or leading edge. The control lines shall be no more than 45 �
inches and no less than 39 inches from the working surface or walkway. The control lines that run �
parallel toand extend along the entire length of the unprotected or leading edge. Control lines shall '
December 2019
be connected to a guardrail orwall at each side. Control lines shall be clearly marked at0foot
intervals with high visibility material.
t Only be entered by employees designated to work incontrolled access zones
9-
11) A safety monitor shall be designated for all job sites vvhena a fall protection plan is in place.
a. The safety monitor shall be competent to recognize fall hazards and warn any employee that
appears unaware ofafall hazard oris acting inanunsafe manner.
b. The safety monitor shall be within visual sighting distance and close enough to communicate orally
with employees being monitored.
c. The safety monitor shall not have other responsibilities which could take the monitors attention from
the monitoring function.
12) In the event of a fall, if employee cannot self -rescue, rescue procedures will begin promptly.
13.'In the event on employee fa\|s, or o serious incident ocoure, an investigation of the circumstances of
the fall or incident will be undertaken. K will be determined if the fall protection plan needs to be
changed toprevent similar types offalls orincidents.
14) All safety belts, harnesses and lanyards must meet ANSI A10.14-1975 requirements.
15] All personal fall arreet, fall restraint and positioning device systems must meet ANSI Z359.1-1992
requirements.
16) Fall protection aysdenna must be stored in a manner to prevent damage.
17) Fall protection systems must be inspected for weakness before use.
l8)Fall protection harnesses shall not hemodified \nany way.
Preventing Injuries from Falling Objects
Falling objects can cause injuries and even death for both workers and the general public. Employees must
participate in good housekeeping practices and follow safety procedures in order to prevent these types of
injuries and fatalities from occurring.
Safe Work Practices
l) Use warning signs, verbal oonnnnunicetions, and barriers to alert people of the possibility of falling
objects.
2\ Before lifting aload, be sure the load is balanced, secure, and does not exceed the weight capacity.
3) When transporting loads, have a spotter toassist you with maneuvers and donot stack the loads too
high.
4) [}o not leave loose items or tools on window ledges, shelves, or working platforms.
5) Wear hard hats, safety boots, and do not walk under loads.
Reach Lift Safety
Employees who operate reach lifts must follow all of the safe work practices in order to ovoid accidents.
Reach lifts may only be operated by employees who have been troined, authorized bvtheir employer, and
agree to the safe work practices.
1) Never operate this machine without a seatbelt securely fastened.
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2) Passengers are not permitted toride the reach lift unless there is anextra seat and seatbelt available
for them.
3) Do not operate in heavy dust, fog, or any other conditions that may impair your vision.
) When operating in an area with power lines present, call to have the electricity turned off if posoib\e,
and always maintain asafe working distance from the lines.
5) All operators must know the maximum load capacity of the reach lift they will be using.
6) Before lifting ormoving eload, employees should consider:
o. Will the load shift during movement?
b. Does the load fall within the maximum load capacity set by the manufacturer?
c. |sthe intended location for the load stable and unoccupied?
7) Never attempt to traverse hi|(e, ditches, or other obstacles that exceed the manufacturer's
recommendations.
8) Avoid throwing off your center of gravity by traveling with the forks as |ovv as practical and a\ovv|ng for
turns.
9) Always pay attention to the location of on -foot personnel when working on job sites.
10) Never attempt to operate the reach lift from anywhere other than the operator's seat.
Rigging and Material Handling
Employees will follow the proper proceduresbefore, during, and after the use of riggingequipnlentinordarto
avoid any accidents from occurring.
1) All riggingequipnnentshmUbeinsoected priortouse oneach shift and asneeded during the shift to
ensure itissafe touse. Any rigging equipment found tobedefective shall beremoved from service
immediately.
2\ All rigging equ\prnentshaUhave apemnanen�affixed �
'
manufacturer recommended safe working load. \tshall not be- loaded \n' excess ofthis recommended
safe working load. If these markings are not affixed or legible, the rigging equipment shall not be
used.
3\ All rigging devices must be used according to the manufacturer's recommendations.
4\ When not in use, rigging equipment shall be removed from the immediate work area soasto not
present ahazard toemployees.
When henusinga|\ngn.theynnustbeinspeoiedbefonauoe,repairedifneoessary.andprVtectedfronn
� sharp edges ofthe load with padding. Ensure slings have been proof -tested toatleast 125%ofrated
load prior touse.
5\ Slings made ofchain orwire rope shall not he shortened with knots, bolts, ormakeshift devices.
7\ Never load slings with more weight than the manufacture recommends.
8) In order to prevent the load from rotating, tag or restraint lines must be used unless their use presents
omore hazardous condition.
S\ Slings shall beset toavoid slippage and ensure the load isbalanced.
10\ While tightening asling, ensure hands and fingers are kept clear toprevent injury.
11\Asling shall not beremoved while aload isresting onthe sling.
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Stump Grinder Safety
Employees will follow the proper procedures before, duhng, and after the use of a stump grinder in order to
avoid any accidents from occurring.
1) Always read the manufacturer's manual before use. Not all stump grinders are created equal so it is
important to read each manual before operating any stump grinder.
C) Perform a thorough inspection of the grinder before operation, checking the gauges, looking for loosI-
nuts, bolts, or any foreign objects under the hood.
3) Always wear your personal protective gear: goggles, ear protection, gloves, and boots.
4) Allow the engine to warm up for two minutes and then slowly lower the wheel onto the stump.
5) Perform maintenance in accordance with the manufacturer's recommendations and be sure t
engine -stopping device is applied, the key is removed from the ignition, and the cutter mechanism
secured. I
Tree Removal Safety
Safe tree birnnn\ng and removal is dependent on taking all of the necessary safety precautions. Employees
must wear the required personal protective equipnnent, perform pre -work inapectionm, and observe all
applicable safety tominimize the chance ofdamage orinjury.
1) Do not trim or remove trees in dangerous or adverse weather conditions; this may include high winds,
snow storms, and ice storms.
2\ An experienced employee should determine the tree's felling dinaotion, address any leaning issues
invo|ved, and plan oretreat path toasafe location,
3> [)onot climb trees orladders with tools inyour hands.
4\ Never turn your back onafalling tree.
5) Stay �alert and avoid rocks orsplinters that may bethrown back by atree eoitfalls. _
6) When removing branches or portions of a tree trunk, make sure to use proper body mechanics.
Tree Trimming near Electricity
k "EN"OK — " . ration transmission or distribution lines or e.!1jo.,ment must bc.
trained and competent in distinguishing exposed live parts from other parts of electric equipment and
determining the voltage. They must be aware of the minimum approach distances that correspond to the
voltages to which they will be exposed, and the proper use of personal protective equipment, insulation and
shielding materials and insulated tools. They must be competent at recognizing electrical hazards and how to
control or avoid them.
1) Before the start of the first job of each day or shift a safety briefing will be held. The briefing will cover
any hazards associated with the job, involved work procedures, special precautions, energy source
controls, and PPE requirements.
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2) All overhead and underground electrical power conductors must be considered to be energized with
potentially fatal voltages. These lines should never be contacted either directly or indirectly.
3) If possible, contact the utility company before starting to discuss de -energizing and grounding or
shielding of power lines.
4) Assume that all power lines are energized and use extreme caution when moving ladders and
equipment around downed trees and power lines.
5) All tree trimming or removal within ten feet of a power line must be done only by trained and
experienced line -clearance tree trimmers. In these situations, a second tree trimmer is required within
normal voice communication range.
6) Line -clearance tree trimmers must be aware of and maintain the proper minimum approach distances
when working around energized power lines.
7) Before climbing, entering, or working around any tree, the nominal voltage of electric power lines
posing a hazard to employees must be determined.
8) Branches that are contacting exposed energized conductors or equipment or that are within the
minimum approach distances specified in Table R-5, Table R-6, Table R-7, and Table R-8 of OSHA
standard 1910.269 may be removed only through the use of proper insulating equipment.
9) Do not perform line clearance tree trimming in dangerous or adverse weather conditions; this may
include high winds, snow storms, and ice storms,
Tree Trimming Safety
Tree trimming presents a wide range of hazards such as electrocution, falls, or being struck by limbs or
branches. To avoid these hazards, employees will inspect the worksite before beginning and follow all safety
Q Beof locations of power lines and always assume the lines are energized.
�--'�---------��
2) Stay sdleast 1Ofeet away from power lines; for�lines -�vwith —a—vote
-greater tnsoOkilovolts, the distance
will need to be more than 10 feet.
3) Use non -conducting tools and equipment.
4) Donot trim trees indangerous weather conditions.
5) Use fall protection and inspect Kbefore each use.
6) Inspect the tree trunk and |innbo before climbing up, checking for stability, rot, and splits.
7) Clear the area of unnecessary personnel and equipment and establish a drop zone.
O) Always wear the appropriate personal protective equipment such as:
a. Hearing protection
b. Hard hats
o. Safety goggles
d. Working gloves.
December 2019
Tree Work: Chain Saw
Chain saws are commonly used in tree work and it is crucial that employees follow all safety precautions
such as wearing the proper personal protection, inspecting all equipment before use, and all other employer -
required procedures.
1) Before starting the chain saw check the controls, chain tension, sharpness of the blade, bolts,
handles, and that the oil tank is full.
2) Never fuel a chainsaw while it is running or hot.
3) Keep your hands on the handles, never attempt to operate a chain saw with one hand.
4) Always cut waist level or below in order to maintain secure control over the chain saw.
5) Use a second point of attachment such as a work -positioning lanyard or a double -crotched rope.
6) Never leave the chain saw running while climbing up the tree, or while the chain saw is being carried
up.
7) Always wear the appropriate protective equipment such as:
a. Safety Helmet
b. Face shield
c. Leather gloves
d. Leg protection — chainsaw pants
e. Hearing protection
Wood Chipper Safety
Safety must be first priority when working with a wood chipper. Wood chippers are a powerful piece of
equipment that must be used with caution and respect. In order to prevent serious injuries, all employees will
follow all OSHA and employer safety guidelines.
Safe or Practices
1) All brush chippers shall be equipped with a locking device on the ignition system to prevent
unauthorized starting of the equipment.
2) Each tree or brush chipper shall be equipped with an infeed hopper no less than 85 inches.
3) Tree or brush chippers not equipped with a mechanical infeed system shall have a flexible anti -
kickback device installed in the infeed hopper.
4) Do not wear loose clothing or jewelry while operating a wood chipper.
5) Always wear the proper PPE including protective gloves with no cuffs, sturdy boots, hardhat, eye
protection, and hearing protection.
6) Never work alone when chipping. It is best to work with a partner for safety purposes.
7) Use a wooden push tool to feed material into the chipper, not your hands.
8) NEVER climb on any part of the chipper while it is running.
ALLg=41 tq
General Waste Management Procedures
Managing the waste created on the job site is important. Ensuring proper disposal and containment are key to
a safe working environment. Prior to work being performed, estimate the waste that will be generated so that
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111IM1110- '1 11 to] tM
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•• and Domestic Violence .•
Employees who are healthcare workers, educators, law enforcement officers, and child care workers are
mandated reporters and must be alert for signs of abuse at all times. Employees must be competent in
identifying • • abuse, and knowledgeable • who to call if abuse is suspected.
1. All employees must be able to identify signs of child abuse. These signs may include:
a. Drastic changes in behavior, eating habits, or school performance.
b. A child who seems to fear going home.
C. Untreated medical or dental issues.
2. All employees must be able to adequately identify signs of domestic violence and elder abuse. Some
examples of these signs may include:
a. Cuts, scrapes, or bruises anywhere on the body.
b. Rectal or genital injuries.
C. Cigarette burns.
d. Financial manipulation.
3. Any employee who suspects abuse must either call the local child protective services or social
services.
Bullying in the Workplace
All employees should be free from harassment of any kind while at work, and bullying will not be tolerated.
Employees must practice proper etiquette at all times to help the company maintain a professional
environment.
1) Bullying is intentional harassment and does not include differences of opinion, constructive feedback,
or a workplace assessment.
2) If employees suspect that somebody else is being bullied, they must report it to a supervisor.
3) If you suspect that you are being bullied you should:
a. Firmly tell the tormenter to stop the unacceptable behavior.
b. Keep a detailed record of all events that suggest psychological harassment.
c. Keep copies of any malicious letters, emails, or memos received.
d. Report the incident to your supervisor, or proceed to the next level of management if you
suspect that your supervisor is the bully.
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Conflict - Remaining Calm During Confrontation
In every industry, employees will face conflict at some point. Whether it is with a coworker, customer, client,
or your boss, employees are expected to remain calm and respectful even when disagreeing.
1\ |norder hoparticipate inpositive confrontation, employees must prepare themselves by:
a. Knowing their position.
b. Mentally pnapona information in order to be able to effectively communicate later.
o. Be knowledgeable with any state or federal |avvm, company pNioiea, or other guidelines of
behavior oathey relate tothe subject.
2\ Throughout any encounter, the most important skill for employees to have is to remain calm. This
can bedone by:
a. Breathe slowly and deeply. This will lower your heartbeat and blood presaunn, and decrease
the amount ofadrenaline running through your body.
#. Do not take anything the other person says personally.
c. Avoid becoming emotional, defensive, or irrational.
d. Avoid sharing emotions to prevent making the conversation emotionally charged.
Developing Good Work Habits
Employees who develop good work habits are essential for businesses in every industry because accidents
are likely to occur if personal protective equipment, safety regulations, and training are not implemented.
Those who do not take such safe work practices seriously will be subject to disciplinary action.
1\ All task -specific safe work practices must be observed at all times.
2\ All appropriate personal protective equipment is to be used for tasks that require it.
3\ Employees must make good attendance and punctuality opriority.
'4) A|Vvoyestay focused Vnthe _task athand instead ofmultitasking. _
5\ Work should bechecked and double-checked for errors.
0\ Keep your work area clean.
D |fonemployee violates company policies orotherwise) they will besubject 0odisciplinary
action.
2\ Disciplinary actions will betaken bvemployee's supervisnrornnanaAenoen1.
3) Violations ofthe company safety policy include not following verbal or written safety procedures,
guidelines or ru|es, horse p|ay, failure to wear or abuse of selected PPE, and substance abuse among
others.
4> Examples of disciplinary actions after a safety violation include verbal reprimands, written warnings,
suspension without pay, and subsequent termination.
5) Physical inspections of work areas are conducted to ensure compliance with safety rules and policies.
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Etiquette in the Workplace
Employees who develop good work habits are essential for businesses in every industry, and proper etiquette
is on important part of having good work habits. Those who do not behave in a professional and polite
manner will be subject to disciplinary action.
1) It is important to be on time to work and meetings to prove that your job is a priority.
2) Dress appropriately and keep your work area uncluttered in order to appear professional.
3) Employees must keep themselves well-groomed and clean.
4) Gossiping about others is extremely unprofessional and will not be tolerated.
5) Treat all coworkers with respect and kindness.
6) Employees are not to take any items from a coworker's space without permission.
7) Swearing and inappropriate language will not be tolerated in the work place.
Horseplay in the Workplace
Rough, boisterous, rowdy activity or pranks, often defined as horseplay, will not be tolerated in the
workplace. While horseplay is usually meant to be harmless, it decreases productivity and can quickly turn
dangerous. Employees are not permitted to participate in horseplay of any kind.
1. Employees must never initiate or participate in horseplay of any kind. '
2. All regulations, guidelines and safety rules set bvyour employer must befollowed to guarantee
the protection ofall personnel inthe workplace.
3. Report all unsafe nrunprofessional behavior tna supervisor.
4. Inappropriate behavior such as hazing' initiations or other demoralizing activities that adversely
affect safety considered inappropriate.
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. �
5. Any employees participating in prohibited activities such as horseplay will be subject to
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disciplinary action.
Lone Worker Safety
If you work alone, or are o "lone worker" you must understand the risks involved and the safety procedures
that must be followed at all times. Employees who work alone may face more health and safety risks than
those who work inagroup.
6\ Never work alone inconfined spaces unless there kaonentry supervisor.
] Do not work alone with dangerous equipment or tools unless you have been properly trained.
X) Talk toyour boss and coworkers about where you will beworking.
A) Make sure you have a method of communication with your boss or coworkers with either a cellphone
orother effective communication system.
o Always keep your cell phone charged and have important numbers stored.
10) if you will be working outside, you must remember to take all the required shade and water breaks to
avoid heat illness.
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11) If possible, work in areas that are visible to others from a distance.
12) Before starting your tasks, and throughout the task, pay attention to your surroundings to assess any
potential hazards.
Sexual Harassment in the Workplace
comed non-consensual and ina • •riate .• • verbal behavior.
9 oil
[QIJL M
1) Should you fall victim to sexual harassment, take action:
a. Tell the harasser that you find their behavior offensive and you want it to stop;
b. Report the incidents to your supervisor, general manager, or president of the company.
2) Always be on the lookout for incidences of sexual harassment.
Smoking in the Workplace
Smoking in the workplace creates hazards for both the smoker and the nonsmoker. In order to maintain a
safe and healthy environment for all employees, designated smoking areas will be the ONLY space allowed
for employees to smoke.
1) Smoking is prohibited:
a. in enclosed spaces at a place of employment such as lobbies, elevators, stairwells, and
restrooms that are part of the building;
b. within 50 feet of any area that contain explosive materials;
c. where employees are exposed to asbestos;
d. in areas used for fueling.
2) If you work with chemicals, wash your hands thoroughly before smoking.
3) Keep lighters away from areas with flammable and combustible materials.
Violence in the Workplace
Under no circumstances is any employee to engage in verbal or physical threats or actions, which may cause
another employee or person to feel threatened, afraid, or create a security hazard. Every employee deserves
a workplace environment free of harassment and threats.
1) Be aware of the verbal signs of violence which include:
a. Swearing
b. Direct or veiled threats
c. Shouting
d. Harassing telephone calls
2) Be aware of the physical signs of violence:
a. Throwing or kicking objects
b. Slamming doors
c. Displaying weapons of any kind
d. Having concealed weapons
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3) Report any incidents to your supervisor right away. If a supervisor is not available, go to the nem,
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IN III Rqfi��
I have received a copy of the Code of Safe Practices- Job Safety Handbook from a►.:
Landscapes, Inc. I acknowledge my obligation to read, understand, and follow with its •
and directives.
M=
December 2019
Date -
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Mariposa Landscapes Inc.
OUR VALUES ARE...
Safety Being the primary foundation mJour company. VVeemphasize first" on every
xvodoKe and in all our training programs. Our employees are taught to be aware
of, and responsible for, safety at all times. We strive to prevent injuries and
accidents and provide asafe environment for staff and customers alike.
Teamwork We work together, seeking input from all team members to organize our efforts for
the greater good. VVealways remain open tochange, embracing new methods and
----- --- '- --techniques --- to—achieve the- 'higbes1_levels -of/luaUtyand -efficiency. _VVe are
considerate of team members, provide support, and encourage their growth,
resulting inthe ultimate outcome for the team.
Quality We are committed to bringing the best possible quality for our customers and their
properties and projects. We provide prompt service, expert workmanship, and
superior products. We take pride in meeting or exceeding expectations. Our
ultimate goal istodeliver excellent value for our clients' investment.
!ntegritv VVeare honest and open inour communications, building deep trust and
confidence in all of our relationships. We value the dedication and contribution of
each person. The overall well-being of our employees, customers and vendors is
Our^ ~~ = ° °
32
M A R I P 0 S A
'
L A N D B C A P E S [ N C
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor shall perform the requested services asset forth intheSoopeofServicesinaccondancevvith
the monthly rate of$D'333`33 and ayearly total contract amount not toexceed $200I>OOfor landscape
maintenance.
The contract costs provides for all labor, material, and equipment to perform landscape maintenance
per scope ofwork (please see exclusions and details).
Description: This proposal provides for all labor, material, and equipment to perform landscape clean
Vpand maintenance. Proposal includes visiting sites routinely toremove litter, wee
control, and prune shrubs/ roses/ ground cover/ grasses.
Exclusions: Irrigation repairs, pressure washing, and sweeping, graffiti removal. Any city permits
are excluded. Pruning trees are also excluded.
Service Provider:
By: Terry Noriega, Pr6-s�ident
Mariposa Landscapes, Inc.
<�'q TEL 800 * 794 * 9458 0 FAx 626 * 960 * 8477 * www.mariposa-ca,com
Our Core Values — Safety - Teamwork - Quality - Integrity
M A R I P 0
L A N D S C A P E S
EXHIBIT "C"
SCHEDULE OF PERFORMANCE
A two (2) man crew for four (4) days a week to maintain the 54 (fifty-four) median islands and Puente
Ave Slopes. The following is the assigned staff positions:
Job Title Days per Week
Foreman 4 days per week
Laborer 4 days per week
Irrigation Technician 1 day per month
Service Provider:
By: Terry Noriega, resident
Mariposa Landscapes, Inc.
TEL 800 ® 794 * 9458 0 FAx 626 s 960 9 8477 # www.mariposa-ca.com
6232 SANTOS DIAZ ST., IRWIN DALE, CA 91.702 - CA CONTRACTOR'S LICH 592268A, C-27, D 49
Our Core Values — Safety - Teamwork - Quality - Tntegrity
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SI IMMARY
ITEM NO. 9
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: January 20, 2021
SUBJECT: Authorization to Publish a Request for Qualifications (RFQ)
for Professional Engineering and Landscape Architectural
Services for the Public Works Department
This item will authorize the publishing of a Request for Qualifications (RFQ) for Professional
Engineering and Landscape Architectural Services for the Public Works Department. The services
will include design services for Civil Engineering, Traffic Engineering, Engineering Plan Check,
Geotechnical Engineering, Landscape Architectural, NPDES and stormwater compliance,
Construction Management and Inspection, Federal Funding Management and related Engineering
Services.
RECOMMENDATION
It is Staff's recommendation that the City Council to authorize Staff to publish a Request of
Qualifications for Professional Engineering and Landscape Architectural Services.
FISCAL IMPACT
There is no impact the General Fund. Subsequent to the RFQ process, Staff will prepare a staff
report and provide findings and recommendations and present it to the City Council for consideration
and approval. The report will include a fiscal impact analysis and make recommendations for award
of a Professional Engineering and Landscape Architectural Services contract. The funding for the
services will be from various funding sources of the approved FY20-21 Capital Improvement
Program (CIP).
BACKGROUND
As the city has grown and the number of properties requiring city operation and maintenance has
increased, it is necessary to expand the City's professional capabilities with on an as -needed basis
engineering and Landscape architectural services to provide a more efficient and coordinated
response to the development and upkeep of such public facilities.
The City currently has 24 of Capital Improvements Projects including four (4) Rail Road Crossings
safety improvements for the proposed Quiet Zone, new bikeway trails and linear parks, and Upper
San Gabriel River (USGR) Regional Drainage Infiltration project at Barnes Park that would require
specialized professional engineering and landscape architectural services to ensure proper
maintenance and enhancements.
At the December 16, 2020, City Council directed staff to provide a Request of Qualifications (RFQ)
for the On-call Engineering Services from additional specialized companies to bring healthy
competition of services and bids for the benefit of the city.
DISCUSSION
The City needs specialized consultants to assist with it various current and future capital
improvement projects and some day to day tasks such as engineering plan check. By pre -qualifying
consultants to be utilized on an on-call basis, the two to three months traditionally used in soliciting
consultants through a specific RFQ/RFP process is eliminated on the front end of each project.
Every project assigned to a consultant will still require a separate written scope of work and contract.
Dependent upon the overall value of the contract approval by either the Department Head, Chief
Executive Officer or the City Council.
The State of California Department of Transportation Division of Local Assistance provides the
following guidance to local agencies on consultant selection and procurement process:
The RFQ process will start by posting and advertising between two to four weeks for On-call
services with general scope of services with certain professional requirements and as -needed
specialized services across multiple projects.
Proposals will be evaluated based on general knowledge and experiences of firm, availability of key
team members, stability of firm and cost control measures, technical and regulatory understandings.
Firms will be selected based on the technical proposals of the work plan with schedule and
resources, staffing plan, organizational chart, proposed team resumes, and reference projects.
Proposals will request the firm's fee schedule and specific rate of compensation. The on-call contract
shall be 2 to 3 years with maximum of 5 years.
LEGAL REVIEW
Not Required.
ATTAC H M E NTS
1. Draft Request of Qualifications (RFQ)
JANUARY 21, 2021
REQUEST FOR PROPOSAL
AS -NEEDED ENGINEERING PLAN
DESIGN, CONSTRUCTION
INSPECTION, GEOTECHNICAL,
TRAFFIC AND RELATED SERVICES
PROPOSALS DUE
February 11, 2021
CHECK, CIVIL
MANAGEMENT,
STORMWATER,
CITY OF BALDWIN PARK
ENGINEERING DIVISION
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
GENERAL....................................................................................................................................... 3
REQUIREMENTS...........................................................................................................................
3
CONSULTANT AGREEMENT AND INSURANCE.........................................................................
3
PROPOSAL SCHEDULE (ESTIMATED SCHEDULE ONLY) ........................................................
3
CONSULTANTINQUIRIES............................................................................................................4
SCOPEOF SERVICES..................................................................................................................
5
PROPOSAL.......................................................................................................................................... 9
PROPOSAL DEADLINE.................................................................................................................
9
PROPOSAL CONTENTS...............................................................................................................
9
A. Cover Letter...................................................................................................................
10
B. Team Description..........................................................................................................
10
C. Qualifications.................................................................................................................
10
D. Understanding and Approach........................................................................................
10
E. Federal Requirements...................................................................................................
10
F. Fee Summary...... ......... .................................
10
REVIEW AND SELECTION PROCESS.......................................................................................
11
EVALUATION...............................................................................................................................
11
ETHICS IN PUBLIC CONTRACTING..........................................................................................
12
PROPRIETARY INFORMATION..................................................................................................
12
INCURRINGCOSTS....................................................................................................................
12
SOLICITATION OF PROPOSAL ONLY.......................................................................................
12
REJECTION OF SUBMISSION OF PROPOSALS......................................................................
12
LETTERSOF OBJECTION..........................................................................................................
13
NEWSRELEASES.......................................................................................................................
13
MINORITY AND WOMAN OWNED BUSINESSES.....................................................................
13
CONFLICTOF INTEREST...........................................................................................................
13
APPENDIX A - Consultant's Agreement....................................................................................
2
REQUEST FOR QUALIFICATIONS (RFQ) for
AS -NEEDED ENGINEERING PLAN CHECK, DESIGN,
CONSTRUCTION MANAGEMENT, INSPECTION
AND RELATED SERVICES
GENERAL
The City of Baldwin Park is inviting proposals from qualified Consultants to provide Plan Check, civil
engineering, traffic engineering, Landscape architectural, Stormwater, Construction Management,
Inspection, federal funding, and Related Services to the Engineering Division of the City of Baldwin Park
Public Works Department. It is the City's intention to procure Consultant Services that provide the best
combination of quality, reliability, effectiveness and performance that best fit the needs of the City. Of
particular importance is the ability of the successful firms to provide staff that are self- motivated and can
quickly learn the City's Capital Improvement Program process to manage projects to completion, on
schedule and on/or below budget targets. The successful consulting firms will provide full plan check,
design, construction management, inspection and related services.
REQUIREMENTS
The proposal shall consist of a report describing the Consultant's qualifications, experience and
references plus a schedule of consulting fees. Submittal requirements include one (1) original and two (2)
bound copies of the complete proposal. Proposal and Fee Schedule must be submitted separately. The
original proposal must be clearly marked "As -Needed Plan Check, Design, Construction Management,
Inspection and Related Services" and contain original signatures and must be easily reproducible on a
standard copying machine. The consultant must also submit an electronic copy of the complete proposal
in PDF format. Failure to clearly identify the original, or provide original signatures may result in a
proposal being found non-responsive and given no consideration. Any alternative or deviation from the
specifications should be clearly indicated and described in your proposal response otherwise it may be
found to be non-responsive and will not be considered.
CONSULTANT SERVICES AGREEMENT
The services provided by the successful Consultant(s) shall be governed by an Agreement for Consultant
Services (Appendix A). The Consultant will be required to maintain in force at all times the insurance
requirements as noted on the Agreement for Consultant Services during the performance of work.
The term of the Consultant Services Agreement will be for three years, commencing on the date of full
execution of the contract. The City shall have the right, at its sole option, to extend the term of the
Agreement for up to two additional one-year terms. If the City authorizes the Consultant in writing to
perform services on a given project prior to the stated expiration date, but thereafter such services are not
completed by the stated expiration date, then the expiration of the Agreement shall be automatically
extended solely to allow for the completion of such services. Proposals will be accepted only from parties
that are free of all obligation and interests that might conflict with the best interest of the City, and have
the capacity to provide services on a timely basis.
PROPOSAL SCHEDULE (ESTIMATED)
RFP Mailing Date
Questions Due Date
Proposal Due Date
Interviews (if necessary as deemed by the City)
Award Date
Thursday, January 21, 2021
Tuesday, February 9, 2021, by 10:00 AM
Thursday, February 11,2021, by 5:00 PM
TBD
Wednesday, March 3, 2021
3
SUBMITTAL
One (1) original Proposal, two (2) printed copies, and one electronic copy (PDF file) must be received on
or before:
5:00 PM, Thursday, February 11, 2021
Addressed to:
Sam Gutierrez
Public Works Director
City of Baldwin Park, Engineering Division
14403 East Pacific Avenue
Baldwin Park, CA 91706
Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. The consultant
shall be solely responsible for its delivery to the City prior to the date and hour stated above. Any
proposals received after the stated date and time due to delay in mail delivery or any other reason will not
be considered by the City.
Any revisions to the RFP will be issued and distributed as addenda. Proposers are specifically directed
not to contact any other City personnel for meetings, conferences or technical discussions related to this
RFP. Failure to adhere to this policy may be grounds for rejection of proposals.
Upon receipt of proposals, the City may elect to "shortlist" firms. Interviews will only be conducted with
the shortlist firms to obtain additional information regarding the proposal if the City determines that
additional information is needed to make a selection. The City reserves the right to select a successful
Consultant without conducting interviews.
The City of Baldwin Park Department of Public Works hereby affirmatively ensures that minority owned
business enterprises will be afforded full opportunity to submit and have considered, a proposal in
response to this notice and will not be discriminated against on the basis of race, color, national origin,
ancestry, handicap, gender, sexual preference, or religion in any consideration leading to the award of
contract.
The right is reserved by the City of Baldwin Park Department of Public Works to reject any or all
submittals, to waive any irregularities or informalities not affected by law, to evaluate the submittals
provided, to negotiate further with any and/or all consultants and to award the contract according to the
offer which best serves the interests of the City.
CONSULTANT INQUIRIES
For the purpose of answering questions and clarifying details, a proposer's conference will be conducted
at the time, date and place specified in the Proposal Schedule (pg. 3). Except for the proposer
conference, no oral interpretations will be made to any proposer as to the meaning of the RFP
documents. All questions must be submitted by the date shown on the Proposal Schedule; phone
questions will not be accepted. Interpretations will be written in the form of an Addendum and sent to all
proposers by e-mail by the date shown on the Proposal Schedule. Due to the nature of information to be
disseminated at the conference, attendance is advised for any firm wishing to submit a proposal.
All inquiries concerning RFP procedures, regulations and technical information must be submitted in
writing by the due date shown on the proposal schedule to:
Sam Gutierrez
Public Works Director
City of Baldwin Park, Engineering Division
14403 East Pacific Avenue
Baldwin Park, CA 91706
sgutierrez@baldwinpark.com
4
Documents may be inspected and obtained at the office of the Department of Public Works, 14403 East
Pacific Avenue, Baldwin Park 91706 (2nd floor). This RFP can also be found on the City's website at:
https://www.baidwinpark.com/rfps.
BACKGROUND
The City of Baldwin Park Public Works Department consists of two divisions - Engineering and
Maintenance. Under the guidance of the Public Works Director, it provides coordinated community
enhancement, development services, engineering design and infrastructure maintenance including
contract management, construction inspection and oversight.
The Public Works Department also manages the City's Capital Improvement Program budget. This
budget consists of projects aimed at improving the City's public infrastructure such as streets,
transportation, street lights, traffic signals, public buildings, sewer and storm drains, park maintenance
and facility upgrades.
The City is requesting interested Consulting firms, to propose services that will aid in the development of
various projects and programs on an "As -Needed" basis.
The scope of work includes, but is not limited to:
Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing
the following Design services:
Engineering Plan Check Services
• Review and recommend approval of various grading plans, National Pollutant Discharge Elimination
System/Low Impact Development (NPDES/LID), street Improvement plans, sanitary sewer plans, storm
drain plans, traffic signal and traffic control Plan checks for both public and private developments.
• Review and recommend approval of Low Impact Development reports, traffic impact reports,
Hydraulics and hydrology studies and sewer studies for both public and private developments.
• Provide preliminary design review of site/grading plans and attend City design review meetings as
necessary.
• Review and recommend approval plan check easements, lot line adjustments, dedications, vacations,
subdivision, final parcel and tract maps Projects
• Provide inspection services for grading activities, NPDES/LID compliance, street improvements, sanitary
sewer and storm drain installation.
• Provide survey, preliminary engineering and civil engineering design services as necessary
• Provide information regarding any additional services that may benefit the City.
For Land Development Projects, Consultant fees for grading plan check, map checks, and inspections which cannot
exceed 65% of the applicable fees as established in the City's current Public Works Fee Schedule (Attachment 2). It
should be assumed that, on average, the fees will cover up to three (3) plan checks. It can be anticipated that the City
will annually adjust the Public Works Fee Schedule by the Consumer Price Index for the region. Therefore, Consultant
fees for these services will be adjusted in accordance with the change to the Public Works Fee Schedule.
For Land Development Projects, prior to completion of the first plan check, the Consultant shall research existing
City engineering records including, but not limited to the documents described above for consistency with the
proposed improvements. The Consultant shall also visit the project site to verify the proposed improvements are
consistent with the physical constraints in the field.
The Consultant shall pick up plan check submittals from the City within 24 hours of notification by the City. The
first plan check shall be completed within ten (10) working days unless otherwise directed by the City. Each
subsequent plan check shall be completed within 10 working days unless otherwise directed by the City.
Each specific assignment under an on-call engineering services contract will be compensated on either lump sum
or time -and -materials basis. The method of compensation will be specified in writing by the City at the time the
assignment is given.
5
At a minimum, plan check services shall be provided in conformance with the most current version of
the following documents and standards:
- California Building Code
- City of Baldwin Park Citywide Design Guidelines
- City of Baldwin Park Grading Ordinance
- Approved Specific Plans, Site Plans, Environmental Documents, and/or Tentative and Final
Maps
- Traverse, Lot, and Tract Boundary Closures for final or parcel maps
- Low Impact Development and Greenstreet
- Grants, easements, or vacations as applicable
- Conditions of Approval
- Title Reports
Civil Engineering Design Services
• Civil Engineering design services for various CIP projects including preparation of Plan,
Specifications and Estimate (PS&E)
• Conduct utilities investigations, Engineering surveying, and coordination with utilities and agencies
• Provide City Engineer services and value Engineering as needed
• Provide Grading, drainage and floodplain studies
• Provide Site development plans
• Pedestrian and Bicycle Master Plans
• Update Sewer and Storm Drain Master Plans
• Storm Water and BMP system design including erosion and sedimentation control
• Hydraulic and hydrologic studies
• Sewer capacity studies
• Provide conceptual design and alternative development plans and schematic plans
including 3D modeling and videos of the project as needed
• Conduct Information Workshops, monthly status meetings and presentation to City
Officials as needed
Traffic Engineering Services
• City Traffic Engineering Services, including the attendance of City Council, Traffic and Transportation
Commission, and other meetings as necessary
• Geometric design, traffic signal design, including complete preparation of plans, specifications and
estimates, signing and striping plan, and the construction administration/inspection of these facilities
• Review of environmental studies/traffic impact studies for proposed development projects, studies
and report preparations for items such as traffic control devices (traffic signals, stop signs, etc.),
citizen complaints and concerns, level of service at intersections, school safety issues and speed
surveys/speed limit determinations
• Preparation of traffic data for compliance with the Congestion Management Program
• Traffic signal operation and coordination studies, including the implementation of signal timing and
coordination programs
• Coordination with City staff and Consultants for traffic requirements for Capital Improvement
Program projects
• Conduct warrant studies for traffic control devices
• Provide traffic related services for rail crossings safety improvement projects including wiring
6
diagrams and timing preemption
• Experience with the CPUC and SCRRA requirements (Provide list of Rail Crossing projects)
• Other related services as requested/directed by the City
Landscape Architectural Services
• Architectural and engineering services for City parks, trails, street medians and parking lots,
including the attendance of City Council meetings, and other meetings as necessary
• Full architectural and engineering design, including complete preparation of plans, specifications,
estimates, and scheduling
• Provide structural failure evaluation and solutions including upgrades and remodels for City facilities
(exterior and interior) with construction management & inspection services for these facilities
• Provide architectural and technical design plans including structural, electrical, mechanical, irrigation
and landscape with construction management & inspection services for these facilities
• Project must comply with California Building Code and Americans with Disabilities Act (ADA)
requirements and conform to Diamond Bar Streetscape Design Guidelines and the City General Plan
• Complete data collection including, but not limited to, file review, General Plan review, scoping
meetings, boundary and topographic surveying, research existing utility locations and engineering
studies
• Coordinate with city staff and consultants for Capital Improvement Program projects and other City
projects
• Provide conceptual design and alternative development plans and schematic plans including 3D
modeling and videos of the project as needed
• Conduct Information Workshops, monthly status meetings and presentation to City Officials as
needed
• Provide information regarding any additional services that may benefit the City
• Other related services as requested/directed by the City
Geotechnical Engineering Services
• Reviewing and recommending on various soils investigations, geotechnical, engineering geology,
and environmental remediation reports which pertain to development and capital improvement
projects
• Pavement testing and analysis, soils investigation and compaction testing
• Other related services as requested/directed by the City
Construction Management and Inspection Services
• Construction Management and Contract Administration
• Inspections of construction projects including storm drain and pipeline relocation, street
improvements, traffic signal improvements, roadway widening, striping, traffic control, utility
protection (with relocation if required) and project quality control
• Specialty inspection, City retained, for concrete work, electrical/telemetry, structural, and
equipment testing and schedule the appropriate inspector and associated certification for the task
being supervised.
• Document management (i.e. shop drawings, Request for Information (RFI), change order,
monthly reports, progress payment, memos, meeting minutes, etc.)
• Coordination of meetings with City representatives, contractors, and other agencies related to the
project
• Coordinate geotechnical and materials testing by City retained laboratory
• Constructability reviews
• Schedule and chair a pre -construction meetings with the City, affected Agencies, and Contractor
and prepare meeting minutes
9
• Establish coordination and communication procedures among participants.
• Coordinate site mobilization of Contractor.
• Provide and maintain contract administration and full-time project inspection.
• Establish and implement coordination and communication procedures among all Project
participants
• Review Contractors' CPM schedule and monitor updates on a weekly basis
• Prepare comprehensive monthly reports with construction updates; monthly reports will consist of
the progress, compliance, issues with their corresponding solutions, submittal log sheets, change
order log report, clarification log report, testing log report, photos, etc.
• Log Compliance of Environmental documentation and BMP's
• Evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or
specifications, contractor -suggested design changes, and design changes necessitated by
unforeseen field conditions
• Establish and implement procedures for processing and expediting Requests for Information
(RFI), Requests for Clarification (RFC), approval of shop drawing submittals, approval of material
and equipment sample submittals, approval of contract schedule adjustments, negotiate and
recommend for approval of change orders, substitutions and review and recommend for
approval of payment requests.
• Conduct field interviews for federally funded projects
• Verification of materials and construction equipment, all facility construction, street restoration
and site improvements
• Verify contractor protection of existing survey monuments and their restoration
• Ensure compliance with all permitting requirements, agency requirements and local regulations
• Monitor contractor's safety program and performance as required for compliance with Cal/OSHA
• Monitor the maintenance of the Project Record Drawings during construction and the final
preparation of "as -built" drawings after project completion
• Prepare final punch -list and verify completion of punch list items by Contractor for final
acceptance by City
• Assist in project closeout and assemble all warranties, guarantees, and operation and
maintenance manuals
• Submit final construction management report summarizing the project history, including major
problems, claims and recommendations, actions taken for corrective action
NPDES Compliance and Stormwater Services
• Assist staff with meeting the overall requirements of the General NPDES Permit including staying
current of any changes of the Permit and implementing innovative techniques and best practices
programs and measures designed to facilitate compliance with the permit
• Compile and review documents for the preparation and submittal of the City's Annual NPDES
Report
• Assist staff with keeping accurate and current records of required information of all construction
and post -construction pertinent to the Annual Report
• Review compliance -related documents and prepare required reporting documents
I-]
• Review Storm Water Pollution Prevention Plans (SWPPP) for compliance
• Develop and implement requirements including comprehensive BMP measures and maintenance
schedules for developers to comply with
• Perform commercial and industrial inspections per the requirements of the NPDES permit
• Update and implement an Illicit Connection/Illicit Discharge detection and elimination program
• Represent the City at various industry meetings and workshops
Federal Funding Management
• Federal Compliance and Documentation
• Labor Compliance
• Progress Payment Review
• Grants Reimbursements
All Engineering services shall be performed by or under the responsible charge of a California
Licensed Professional Engineer (and/or California Licensed Land Surveyor as applicable) eligible to
prepare and sign such plans.
The firm will be required to disclose to the City a list of all of its clients for the past three (3) years for
purposes of allowing the City to review potential conflict of interest issues. In addition, the firm will
be required to disclose any litigation in which it has been a party to in the last five (5) years.
PROPOSAL
PROPOSAL DEADLINE
One (1) original Proposal, two (2) printed copies, and one electronic copy (PDF file) must be received on
or before:
5:00 PM, Thursday, February 11, 2021, Addressed to:
Sam Gutierrez
Public Works Director
City of Baldwin Park, Engineering Division
14403 East Pacific Avenue
Baldwin Park, CA 91706
PROPOSAL CONTENTS
The information requested below will be used to evaluate the respondent's Proposal. Respondents may
be deemed non-responsive if they do not respond to all Sections, A through F.
The Consultants Proposal for Design, Construction Management, Inspection and Related Services RFP
must include all the following items to be considered as a responsive, valid submittal. The sections should
be separated by divider pages that are tabbed, colored or of heavier stock. One (1) unbound original and
two (2) bound copies of the Proposal must be submitted. One (1) Portable Document Formatted (PDF)
electronic copy of the complete Proposal must also be submitted contained on USB Flash Drive.
9
Proposals must be prepared simply and economically, providing a straightforward, concise description of
methodology and approach to satisfy the requirements of this solicitation. Emphasis should be on
completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative
analysis.
Respondent's Proposal shall be clear, concise, accurate, and comprehensive. Excessive or irrelevant
materials will not be favorably received.
At a minimum, the Proposal shall include the following sections:
A. Cover Letter
A cover letter identifying the Consultant's name and proposed subcontractors or sub consultants that are
integral to the proposed team, contact name, phone number and e-mail address, and signed by an officer
of the Consultant that is authorized to enter a contract with the City.
B. Team Description
This section discusses the Consultant's proposed team. Include an organization chart showing proposed
relationship among consultant team/staff as well as any other parties that may have significant role in the
delivery of services to the City. Discuss staffing plan, the workload, both current and anticipated, for all
key team members, and their capacity to perform the requested services. Discuss specific personnel who
will be assigned to this contract as the Construction Manager and Contract Inspector, along with their title
within the firm, individual qualifications and hourly rate classification. Employee titles must match the
classifications in the hourly rate schedule.
C. Qualifications
Provide a listing of three (3) projects where the proposed Construction Manager and Inspector have
performed similar work as detailed in the scope of services. Specify whether this work was performed
while the individual was employed by the proposer. Include the client's name, address, phone number,
and the name of a contact person. Similar work must include duties as listed in the scope of services.
Include any appurtenant information, such as; start and end dates of projects, project budget. It should be
noted that the client would be contacted as a reference check. If sub consultants are proposed, identify
any past working relationships among the team members and the sub consultants.
D. Understanding and Approach
This section should clearly convey clear understanding of the nature of public contracting and Capital
Improvement Projects processes, identification of possible major issues, and proposed solutions thereof,
for the work as detailed in the Scope of services section of this RFP. Include a description of the
Consultant's work plan and approach to providing Construction Management and Inspection services.
Describe how related services, including, but not limited to, various independent plan check reviews and
bid ability/constructability/claims avoidance reviews, identification of deliverables and implementation
schedules will be conducted. The work plan should include sufficient detail to demonstrate a clear
understanding of the "As -Needed" approach to the work.
E. Federal Requirements
This section discusses the Consultant's experience and knowledge with working on federally -aided
projects and the federal requirements, thereof. Include sufficient detail to demonstrate a clear
understanding of the documentation work required using federal funds, including but not limited to
Caltrans' Local Assistance Procedural Manual and Local Assistance Guidelines.
F. Fee Summary
Fee schedule shall be based on an hourly rate and/or percentage -based breakdown of services clearly
detailing "As -Needed" or "Project -to -project" costs so that the City may easily estimate "Not -to -exceed"
10
amount caps for any project in which the consultant may be retained to provide services. For budgetary
purposes the consultant may assume 500 Hours of Construction Management, 500 Hours of Inspection
services and 150 hours of related services as typical for a project. It may be assumed that most the work
will be performed between the hours of 8:00 AM and 5:00 PM however, the fee schedule shall include
hourly rates for overtime, after -hour inspection or weekend working hours on any given project. Payment
shall be for actual working hours on the project or percentage of estimated construction costs and shall
not include any travel time.
Consultant shall include sufficient detail such that any necessary contract modifications may be
accommodated using the cost provided therein.
REVIEW AND SELECTION PROCESS
The City reserves the right to reject any or all proposals or parts of the proposals, to negotiate
modifications of proposals submitted, and to negotiate specific work elements with a proposer into a
project of lesser or greater magnitude than described in this RFP or the proposer's reply.
The process for selection includes the following sequence:
• Review proposals.
• Identify the best qualified Consulting firms.
• Reference checks.
• Evaluation of the quality, maturity and financial stability of the firm.
• An evaluation of the firm's ability and experience in providing services, including:
• Experience with local government.
• Scope of activities covered.
• Length of time involved.
• Level of client satisfaction
• Cost/benefit relationship
• Relative success
• An evaluation of the experience and training of the proposed Consultant's team
• If deemed necessary, Interview with qualified proposers
• Negotiate with best qualified Consultant firms
• Present City's recommendation to the City Council
• Execution of professional agreement for consulting services
EVALUATION
A panel of City of Baldwin Park will evaluate all proposals submitted and select the top competitive
proposals. Evaluation of qualification statements and proposals will be based on the information called for
in this RFP. Brochures or other promotional presentations beyond that requested or elaborate artwork,
papers, binders or expensive visuals are not desired.
The City of Baldwin Park reserves the right to waive any irregularities or informalities in any RFP process
when it is in the best interest of the City to do so; to re -advertise for proposals, if desired; to sit and act as
sole judge of the merit and proposals of the service offered and; to evaluate in its absolute discretion, the
qualification statement and proposal of each Proposer, so as to select the Proposer which best serves the
requirements of the City, thus ensuring that the best interest of the City will be served.
11
The City may make such investigation as it deems necessary to determine the ability of a Consultant to
furnish the required services, and the Proposer will furnish to the City all such information and data for
this purpose as the City may request. The City reserves the right to reject any submittals if the evidence
submitted by, or investigation of, such Proposer fails to satisfy the City that such proposer is properly
qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the
submittal of any Proposer who has previously failed to perform properly, or complete on time, contracts of
a similar nature. Any material misrepresentation or material falsification of information provided to the City
in the Proposal, or at any point in the evaluation process, is grounds for rejection. The City expressly
reserves the right to reject the submittal of any Proposer who is in default on the payment of taxes,
licenses or other moneys due to the City of Baldwin Park.
The City reserves the right to conduct a background inquiry of each Proposer which may include the
collection of appropriate criminal history information, contractual and business associations and practices,
employment histories, financial background, and reputation in the business community.
ETHICS IN PUBLIC CONTRACTING
Each consulting entity, by submitting a proposal, certifies that it is not a party to any collusive action or
any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer
certifies that it was made without fraud; that it has not offered or received any kickbacks or inducements
from any other entity in connection with this RFP. The proposer further certifies that no relationship exists
between itself and the City or another person or organization that interferes with fair competition or
constitutes a conflict of interest with respect to a contract with the City of Baldwin Park.
PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Baldwin Park and are subject to public
disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses.
Those parts of a proposal which are defined as business or trade secrets, as that term is defined in
California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets",
"Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or
permitted under the California Public Records Act or otherwise by law. Proposers who wish to have such
information maintained confidentially shall be responsible for advancing all reasonable attorney's fees and
costs associated with disputes that may arise respecting whether records are subject to disclosure.
INCURRING COSTS
The City is not liable for any costs incurred by Proposers in responding to this RFP.
SOLICITATION OF PROPOSAL ONLY
Nothing contained herein shall be deemed as a binding offer or commitment by the City, its officers,
agents, employees, or related parties. Each party or parties responding to this RFP do acknowledge that
they are not guaranteed that they will be selected as the consultant or offered an opportunity to provide
the requested services.
REJECTION OF SUBMISSION OF PROPOSALS
The proposal request does not commit the City of Baldwin Park to award any contract. The City reserves
the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any
proposals or in the proposal procedures, and to be the final judge as to which is the responsible, qualified
proposal. Any proposal which contains items not specified, items which are incorrect, which does not
complete all the items scheduled or does not respond to items in the manner specified in this request may
be considered non-responsive and may be rejected on these bases in the sole discretion of the City.
Proposals offering less than 90 days for acceptance from the proposed closing date may be considered
non-responsive and may be rejected. Non-acceptance of any proposal will not imply any criticism of the
proposal or convey any indication that the proposal was deficient. Non-acceptance of any proposal will
it,
mean that another proposal was deemed to be more advantageous to the City of Baldwin Park, or that no
proposal was deemed acceptable.
LETTERS OF OBJECTION
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other errors in the RFP, he/she
shall notify the City of Baldwin Park in writing not less than three (3) days before the date of opening.
Inquiries concerning this RFP should be submitted in writing to Sam Gutierrez, Public Works Director,
and the envelope should be marked "Plan Check, Design, Construction Management, Inspection and
related services". Inquiries are to state the page and applicable RFP section(s) or paragraph number(s) to
which the question(s) pertain. Clarification shall be given by written notice to all proposers
The RFP and all subsequent modifications are hereby designated as the sole reference and authority for
the preparation of proposals and take precedence over any and all information related to the acquisition
obtained from any source either by verbal or written communications.
PUBLIC INFORMATION
Except for proprietary information, clearly designated, all materials received relative to this request will
become public information and be available for inspection as provided under the public records act
(Government Code, Section 6200, et seq.). The City reserves the right to retain all proposals submitted,
whether the proposal was selected or judged to be non-responsive.
PROPOSAL VALIDITY PERIOD
Submitted proposals shall be valid for at least ninety (90) days from the date of submission.
NEWS RELEASES
The proposer shall not make news releases pertaining to an award resulting from proposals made in
response to the request without the prior written approval of the City of Baldwin Park. In addition, the
successful proposer must agree not to release any advertising copy mentioning the City of Baldwin Park
or quoting the opinion of any City employee without written approval by the City of Baldwin Park.
MINORITY AND WOMAN OWNED BUSINESSES
The City of Baldwin Park herewith notifies all potential proposers that it will insure that in any contract or
agreement entered, that minority and woman owned business enterprises will be afforded full opportunity
to participate in this procurement, and will not be discriminated against on the grounds of sex, race, color
or national origin in the consideration for award.
CONFLICT OF INTEREST
Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to
invoke any form of reciprocation, employees of the City of Baldwin Park may not accept gratuities,
entertainment, meals, or anything of value whatsoever from current or potential proposers. The offer of
such gratuity to an employee of the city shall be cause for declaring such supplier to be an irresponsible
proposer and preventing the firm from responding to this RFP.
APPENDIX A - Consultant's Agreement
13
[COMPANY NAME]
Consultant Services Agreement Page 1 of 7
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2021 by
and between the City of Baldwin Park, ("City"), and [COMPANY NAME] ("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." Duration of Scope of Services may be
extended on a month-to-month basis, but shall not exceed the total compensation.
2. COMPENSATION. City shall pay for the services performed by Consultant
pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of
Compensation" attached to and incorporated into this Agreement as Exhibit "B."
3. TIME FOR PERFORMANCE. Consultant shall perform the services above
described in a timely manner in accordance with the professional standard practices [SHORT
DESCRIPTION OF TIME CONSTRAINTS].
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.
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
[COMPANY NAME]
Consultant Services Agreement Page 2 of 7
such laws. The terms of this Agreement shall be interpreted according to the laws of the State
of California.
9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials,
officers, and employees against any 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.
(C) Professional Liability Insurance with annual aggregates of $1,000,000 or
such other amount as may be approved in writing by the City.
(D) Worker's Compensation Insurance that complies with the minimum
statutory requirements of the State of California.
(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
Professional Liability and Worker's Compensation) as respects to
City, its officials, officers, agents or employees; moreover, any
insurance or self-insurance maintained by City or its officials, officers,
[COMPANY NAME]
Consultant Services Agreement Page 3 of 7
agents or employees shall be in excess of Consultants' insurance and
not contributed with it.
(3) The insurer shall provide at least thirty /30\ dova prior written notice to
City ofcancellation orofany material change incoverage before such
change orcancellation becomes effective.
(F) With respect toWorkers' Compensation Insurance, the insurer shall agree to
waive all rights of subrogation against City and City personnel for |0000a
arising from work podbnned by Consultant for City, and the insurer's
agreement in this nagenj nhe|| be reflected in the Workers' Compensation
Insurance endorsement.
11. OWNERSHIP OF DOCUMENTS. All ofthe documents required tubaprepared
pursuant hereto ehaU, upon the completion thereof, be deemed for all purposes to be the
property of City. City's ownership of documents includes any and all ana|yoia, oonnputotions,
p|ons, correspondence and/or other pertinent data, inforrnotion, documnento, and computer
rnadio, including disks and other materials gathered or prepared byConsultant in performance
of this AgnearnunL Such work product shall be transmitted to City within tan (10) days after a
written request therefore. Consultant may retain copies of such products. Any re -use by City
shall beotthe sole risk ofCity and without liability toConsultant.
12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and nnotbaro covered under this Agreement. City shall have
fnao oocene at all reasonable times to such reoopdo, and the right to examine and audit the
same and to nnoka transcripts therafnono, and to inspect all program data, duounnante,
proceedings and activities. Consultant shall maintain on up-to-date list ofkey 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 Cerhhmabon, Form VV -9, as issued by
the Internal Revenue Service.
14. CONFLICT OF INTEREST. Consultant agrees that any conflict or pnhsnUa|
conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall
comply with all applicable federal, state and county |ovvo and regulations governing conflict of
interest.
15. Consultant may not
conduct any ochvitv, including any payment to any panaon, offioor, or employee of any
governmental agency or body or member of Congress in connection with the ovvonjing of any
federal contract, grant' loan, intended to influence |egia|otion, administrative rulemaking or the
election of candidates for public office during time compensated under the representation that
such activity isbeing performed asapart ofthis Agreement.
10. RIGHT TO TERMINATE. City may terminate this Agreement etany 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
[COMPANY NAME]
Consultant Services Agreement Page 4 of 7
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
[NAME]
[ADDRESS 1 ]
[ADDRESS 2]
[TELEPHONE]
(B) City of Baldwin Park
Att.: Sam Gutierrez
14403 East Pacific Avenue
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 "21" of this Agreement.
[COMPANY NAME]
Consultant Services Agreement
Page 5 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
CITY OF BALDWIN PARK
la
Mayor
Dated:
CONSULTANT: [COMPANY NAME]
By:
Name/Title
Dated:
EXHIBIT A
SCOPE OF SERVICES
SCHEDULE OF COMPENSATION
d Std GBIEL
�i�kLLEY _� n
SUMMARY
TO:
FROM:
B7_r N 4
ITEM NO. 10
Honorable Mayor and Members of the City Council
Sam Gutierrez, Director of Public Works
January 20, 2021
SUBJECT: Approve Final Parcel Map No. 82921 to merge two (2) lots into
one (1) lot — For Commercial Purposes (Express Car Wash)
This report requests that the City Council authorize the approval of the Final Parcel Map 82921 pursuant
to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park's Municipal Code.
RECOMMENDATION
Staff recommends that the City Council accept the Final Parcel Map No. 82921 and authorize the City
Clerk and staff to sign the Final Map.
FISCAL IMPACT
The approval of this Parcel map will have no impact to the City's General Fund.
BACKGROUND
The subject property is currently comprised of two parcels. Parcel 1 (APN: 8555-004-013), is located
at the southeast corner of the intersection of Baldwin Park Blvd. and Francisquito Ave. and has an
address of 3202 Baldwin Park Blvd. Parcel 2 (APN: 8555-004-012), is westerly adjacent to Parcel 1
and has an address of 13619 Francisquito Ave. On December 11, 2019, the Planning Commission
approved Tentative Parcel Map No. 82921, to merge two lots into one, pursuant to sections 152.10 and
Table 153.050.030. The conditional use permit (CP -888) and Zoning Variance (ZV-19-02) were also
approved by Planning Commission by Resolution No. 19-21, pursuant to Table 153.050.020 of the
City's Municipal Code. The Final Map substantially conforms to the TPM -82921 conditions of approval.
ALTERNATIVES
A Final Parcel Map that is in substantial compliance with the previously approved tentative map cannot
be denied approval (Government Code §66474.1). Further, if the Final Parcel Map is not approved at
the first meeting or at the subsequent meeting from when the Final Parcel Map was presented for
approval and the map is in conformance with the requirements of the Subdivision Map Act, the map
will be deemed approved without any further action by the City Council (Government Code §66458).
Since the Final Parcel Map is both in substantial compliance with the previously approved tentative
map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative
but to approve.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTAC H M E NTS
1. Los Angeles County Assessor's Map
2. Final Parcel Map No. 82921
3. Resolution 19-21
Z
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SHEET 1 OF 2
ONE PARCEL
0.46 ACRES
20,105.58 SQ. FT.
OWNERSHIP STATEMENT
IN THE CITY OF BALDWIIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF THE RANCHO LA PUENTE PER MAP FILED IN
BOOK 1, PAGES 43 AND 44, OF PATENTS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED IN INSTRUMENT NO. 20140523233, O.R. RECORDED MAY 20,
2014 AND INSTRUMENT NO. 20181289797, O.R. RECORDED DECEMBER 19, 2018, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
STANDARD LAND SURVEYING, CO. CARLOS AMADOR, PLS 9365
I HEREBY STATE THAT I AM THE OWNER OF AND HAVE RECORD TITLE
INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN
ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSET TO THE
PREPARATION AND RECORDATION OF SAID MAP AND SUBDIVISION.
ROY E. COLWICK
B Y:
CORRINA D. COLWICK
RECORD OWNER: ROY E. COLWICK AND CORRINA D. COLWICK AS TRUSTEES
OF THE COLWICK TRUST DATED FEBRUARY 8, 2002.
NOTARY ACKNOWLEDGMENT
NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMEN-
DT WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,
ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF )
ON 2020, BEFORE ME
PERSONALLY APPEARED
/_ya[#II_llarm allIll I
WHO PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/HAIR AUTHORIZED
CAPACITY(IES), AND THAT BY NIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE
PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA, THAT THE FORGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE
MY COMMISSION EXPIRES:
THE COUNTY OF MY PRINCIPAL PLACE OF BUSINESS IS IN:
MY COMMISSION NO IS:
NOTARY ACKNOWLEDGMENT
� NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMEN-
DT WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,
ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF
ON 2020, BEFORE ME, A NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN NIS/HER/HAIR AUTHORIZED
CAPACITY(IES), AND THAT BY NIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE
PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA, THAT THE FORGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATUR
MY COMMISSION EXPIRES:
THE COUNTY OF MY PRINCIPAL PLACE OF BUSINESS IS IN:
MY COMMISSION NO IS:
CITY TREASURER'S AND DIRECTOR OF PUBLIC WORKS' CERTIFICATE
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS OR BONDS EVIDENCING
SPECIAL ASSESSMENTS, OF WHICH I AM IN CHARGE, LEVIED UNDER THE
FURISDICTION OF THE CITY OF BALDWIN PARK TO WHICH THE REAL
PROPERTY INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS
SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
THIS PROJECT WILL BE EXECUTED IN ACCORDANCE WITH THE CONDITIONS OE
APPROVAL CONTAINED IN RESOLUTION PC 19-21, DATED DECEMBER 11, 2019.
SURVEYOR'S STATEMENT
THIS MAPS WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED
UPON A FIELD SURVEY IN CONFORMANCE WITH THE SUBDIVISION MAP ACT
AND ORDINANCES OF THE CITY OF BALDWIN PARK AT THE REQUEST OF MIKE
McGRATH IN OCTOBER 10, 2019. 1 HEREBY STATE THAT THIS PARCEL MAP
SUBSTANTIALLY CONFORMS TO THE CONDITIOINALLY APPROVED TENTATIVE
MAP.
THE SURVEY UPON WHICH THIS MAP IS BASED WAS MADE BY ME OR UNDER
MY DIRECTION IN OCTOBER 2019 AND IS TRUE AND COMPLETE AS SHOWN.
THE MONUMENTS OF THE CHARACTER INDICATED OCCUPY THE DESIGNATED
POSITIONS OR WILL BE SET IN THE DESIGNATED POSITIONS WITHIN 90 DAYS
AFTER ACCEPTANCE OF IMPROVEMENTS AND ARE SUFFICIENT TO ENABLE THE
SURVEY TO BE RETRACED.
12/28/2020 rlAND
af CARLOS AMADOR, PLS 9365 DATE�A441qo'l�l
o
PLS 9365
OF CF
CITY ENGINEER'S CERTIFICATE
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIVISION
AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE
TENTATIVE MAP, AND MY APPROVED ALTERATIONS THEREOF; THAT ALL
PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ORDINANCES
OF THE CITY OF BALDWIN PARK APPLICABLE AT THE TIME OF APPROVAL OF
THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
NICK SERVIN
RCE 33538
CITY SURVEYOR'S CERTIFICATE
QRpFBSIONq
S. xr
w r^
No. 33,538
ClU
I HEREBY CERTIFY THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT
AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF ANY
LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE
TENTATIVE MAP HAVE BEEN COMPLIED WITH.
DATE:
NICK SERVIN
RCE 33538 QR44ESS
No, 33,538
CITY CLERK'S CERTIFICATE: �kNl CFIV�'
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE
ZONING ADMINISTRATION OF THE CITY OF BALDWIN PARK AT A REGULAR
MEETING HELD ON THEDAY OF , 20_, AND THEREUPON SAID
ZONING ADMINISTRATOR DID APPROVE SAID MAP PURSUANT TO SECTION
66445(J) OF THE SUBDIVISION MAP ACT. THIS IS ALSO TO CERTIFY THAT
THE INTEREST IN REAL PROPERTY CONVEYED BY THIS MAP IS HEREBY
ACCEPTED BY THE CITY CLERK PURSUANT TO THE AUTHORITY CONFERRED
BY RESOLUTION OF THE CITY COUNCIL ADOPTED ON FEBRUARY 5, 1962, AND
THE GRANTEE CONSENTS TO THE RECORDATION THEREOF BY THE CITY
CLERK.
DATED DAY OF
MARLEN GARCIA
CITY CLERK -CITY OF BALDWIN PARK
CITY PLANNER'S STATEMENT
o
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND THAT ALL
PROVISIONS OF THE APPLICABLE ZONING ORDINANCES OF THE CITY OF
BALDWIN PARK HAVE BEEN COMPLIED WITH.
RON GARCIA, CITY PLANNER
SCALE: I"=20'
SHEET 2 OF 2
ONE PARCEL
0.46 ACRES
20,105.58 SQ. FT.
AIM
IN THE CITY OF BALDWIIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF THE RANCHO LA PUENTE PER MAP FILED IN
BOOK 1, PAGES 43 AND 44, OF PATENTS, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED IN INSTRUMENT NO. 20140523233, O.R. RECORDED MAY 20,
2014 AND INSTRUMENT NO. 20181289797, O.R. RECORDED DECEMBER 19, 2018, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
STANDARD LAND SURVEYING, CO. CARLOS AMADOR, PLS 9365
THE BASIS OF BEARINGS FOR THIS MAP IS N48°33'50"W,
BEING THE CENTERLINE BEARING OF FRANCISQUITO AVENUE
AS SHOWN IN PARCEL MAP NO. 1293, P.M.B. 363, PGS.
53-54.
THE PURPOSE OF THIS SURVEY IS TO MERGE PROPERTIES DESCRIBED IN
INSTRUMENT NO. 20181289797, O.R. 12/19/18 AND INSTRUMENT NO.
20140523233, O.R. 05/20/14.
FD. SPIKE & WASHER,
CORAK PER R2, ACCEPTED AS
C.L. INT. PER R2.
STREET
I
N
IN
50.00'
I
I
Lr)
0
FD. LEAD, NAIL, TAG RCE 28903,
1 1.0'OFFSET FROM N/W PROP.
CORNER OF PARCE 1 PER R3.
I
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1�
SCALE: I"=20'
EASEMENT NOTES:
RECORD DATA PER PARCEL MAP PUBLIC STREET, SEWER AND DRAINAGE AND
R1, [ ] NO. 1293, P.M.B. 363, PGS. INCIDENTAL PURPOSES EASEMENT RECORDED
53-54. FEBRUARY 24, 1967 AS INST. NO. 2085 AND NO.
2086, O.R.
RECORD DATA PER PARCEL MAP
R2, ( ) NO. 1316, P.M.B. 304, PGS.
1-2.
RECORD DATA PER PARCEL MAP
R3 NO. 1388, P.M.B. 365, PGS.
35-37.
RECORD DATA PER PWFB 1429,
R4 PGS. 867-868.
RECORD DATA PER PWFB 1429,
R5 PGS. 857-858.
RECORD DATA PER TRACT NO.
R6 718, M. B. 17, PG. 17.
RECORD DATA PER INSTRUMENT
R7 NO. 20140523233, O.R. REC.
5/20/14.
RECORD DATA PER INSTRUMENT
R8 NO. 20181289797, O.R. REC.
12/19/18.
uto] ► Lei 111 ► I m me] Lei I 1111111-201 rl• l,
0 SET 1 "IRON PIPE W/TAG LS
9365 UNLESS OTHERWISE NOTED
PUBLIC STREET AND ROADWAY AND INCIDENTAL
PURPOSES EASEMENT RECORDED AUGUST 19, 1965
AS INST. NO. 4321, O.R.
FD. GEAR SPIKE &
WASHER LS 5411 PER
R4.
200.00'
NE'LY RIGHT OF WAY
LINE OF FRANCISQUITO
0 AVE. PER R6.
0
FRANCISQUITO AVENUE
230.00'
[468.29'R1 ]; 468.22'P
[N48°33'50"W 828.38'R1 ]; 828.24'M
BASIS OF BEARINGS
0
0 o
0
C5
I
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THE CITY OF BALDWIN PARK APPROVING A
TENTATIVE PARCEL , TO 855-004-012
AND APN 855-004-013 INTO ONE PARCEL (19,968 SQ.
FT.), A CONDITIONAL USE PERMIT FOR A NEW
AUTOMATIC DRIVE-THRUOGH CAR WASH AND ZONING
VARIANCE + i DEVIATE •LOT SIZE
DEVELOPMENT i+`DFOR DRIVE-THROUGH
ESTABLISHMENTS GENERAL
COMMERICAL ` i i r'
FRANCISQUITO APPLICANT: MICHAEL PAULS
ASSOCIATES; CASE NUMBER: TPM- 082921, CP -888,
AND 1
THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVEAS •
herebySECTION 1. The Planning Commission of the City of Baldwin Park does
i determine, and declare as follows:
application ns") for a a tentative f.rcel mai'
conditional iy i •submitted • •`
the • • e. • p • •' ". • t • • Ave.
Planner;the City of Baldwin Park, described more particularly in the Application
file with the City •
i, The Applications • • to approve a tentative parcel
• a conditionalpermit• a zone
development of a 3,079-sqaure foot automatic drive through car wash,
within the C-2, General Commercial • _ pursuant i Tables
153.050.030, 153.050.220, and Section 153.120.240 of the City's
Municipal Code;and
duly noticed public • was held on _ e •
2019 on said Applications by the Planning Commission, and based up
evidence presented including applicable staff reports and each member
the Commissioni" • familiar with the property, was determined
factsthe . required by Baldwin Park Municipal•i_ for e grantine
of • • i '; present and that the zoning variance ane
conditional use permit• • be granted, subject to the terms of
Resolution; an•
Resolution PC1Q'21
December 11'2O1Q
Page 2
(d) Each fact set forth in the staff report dated December 11,
2019 from Ron Garcia, City Planner to the Chair and Planning
Commissioners ("Staff Report") is true and correct.
SECTION 2. That the Planning Commission does hereby adopt the
following findings applicable to the approval of the tentative parcel map.
a) Adequate systems designed, and constructed to provide all
necessary utilities to the proposed lot to be created, including, but not
limited to, facilities for water, natural gas, electricity, cable television and
telecommunications telephone service.
Comments and conditions have been addressed in the findings and are
included, as applicable, as conditions of approval of the tentative parcel
map. Additionally, staff includes a general condition of approval that any
and all conditions from outside agencies and utility companies shall be
met or provided for prior to finalizing the tentative parcel map.
b) An adequate domestic water distribution system designed
and constructed to service the lot proposed to be created.
c) An adequate sewage system designed and constructed to
serve the lot proposed to be created.
The proposed project shall comply with any conditions of approval as
imposed by the Sanitation District of Los Angeles County prior to approval
of the final map by the City of Baldwin Park.
The Public Works Department conditions of approval require that off-site
improvements may be required and may include storm drains. Provided
that the applicant meets the conditions of approval for development, there
will be adequate storm water drainage for the subject property.
The Public Works Department has determined that there is adequate
public street system to serve the lot. Conditions of approval require public
right-of-way reconstruction of damaged improvements as a result of
d) Francisquito Avenue, close two (2) unused driveway approaches
with full height curb gutter. Reconstruct existing driveway to meet current
e ) Baldwin Park Boulevard, close two (2) unused driveway
Resolution PC 19-21
December 11, 2019
Page 3
approaches, construct new approach to meet current ADA standards�
f) Reconstruct the ADA ramp at the south east intersection of Baldwin
Park Blvd. and Francisquito Ave. to meet current standards.
g) Submit design plans for the installation of a Clarifier to Engineering
and the Building Department, pursuant to the LID study above.
h) Replace/repair any damaged sidewalks on Francisquito Ave. and
Baldwin Park Blvd.
i) Relocation of the existing catch basin along Baldwin Park Blvd
requires permits from Los Angeles County Flood Control. Obtain LA
County permits for the relocation of the existing catch basin.
j) Install LID measures at the new catch basin as required by the
Water Board. LID measures includes biofiltration products such as modular
wetland system.
k) Install a right -turn only sing on the median facing the exit
driveway.
1) Install red curb on the frontage of Baldwin Park Blvd. and
Francisquito Avenue.
m) Add "Keep Clear" pavement legend along Baldwin Park
Blvd. southbound for anticipation of U-turn movement.
.1) Provide expected turning movements onto Baldwin Park
Vlvd. including ADT speed and collision data for the intersection.
i) The undergrounding of utilities pursuant to Chapter 97, par'j
2 (Underground Utility District) of the Municipal Code.
Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the
subject property shall be undergrounded. This requirement is also
addressed as part of the overall plan check requirements and review of
the final map.
j) Any and all other improvements found necessary by the City
to provide all services to each lot proposed to be created.
Resolution PC18-21
December 11.201Q
Page 4
the Planning Commission of the Parcel Map and meets and/or exceeds
ihe conditions of approval, the new lot would have adequate service and
could be merged such that the new lot would be consistent with the City's
k) In addition to the improvements as required by the City's
Municipal Code and Departments, there are also design requirements for
the proposed tentative parcel map that need to be met. Pursuant to
Section 152.12 of the City's Municipal Code, the design of the subdivision
shall conform to the requirements of this Chapter 152, any and all design
requirements set forth in the General Plan, the design and development
standards established for the associated zoning district per the Zoning
Code, the applicable design guidelines set forth in the Design Guidelines
Manual, generally accepted engineering standards, and to such standards
required by the City, including, but not limited to, plans for grading and
erosio-i control.
Additionally the parcel map is consistent with Goal 2.0 of the Land Use
Element of the General Plan which states "accommodate new
development that is compatible with and compliments existing conforming
land uses" as the proposed parcels meet the existing development
standards contained in the Code.
The Public Works Department, as part of their comments, has included a
requirement for the applicant to submit plans relating to grading and
erosion control for review and approval.
SECTION 3. The Planning Commission does hereby adopt the following
Findings of Fact applicable to all conditional use permits:
(a) The use is conditionally permitted within the subject zone
and complies with the intent of all applicable provisions of this chapter.
(b) The use will not impair the integrity and character of t
zone in which it is to be located. I
Resolution PC 19-21
December 11, 2019
Page 5
located. The property is located within the C-2, General Commercial Zone which
allows for a broad range of retail, service and entertainment uses that meet "the
shopping and service needs of the local residential and business communities".
Therefore, a drive-through car wash at the location compliments the integrity and
character of the C-2 zone; and
(c) The subject site is physically suitable for the type of land usg
being proposed.
The subject site is physically suitable for the type of land use being proposed.
When the approval of ZV 19-02, the proposed development will be in accordance
with Section 153.120.240.A and B (Drive-thru Development Standards), of Mt
Baldwin Park Zoning Code and thus suitable for an automatic drive-thru car wash
establishment; and
(d) The use is compatible with any land uses presently on the
subject property.
- - 0
(e) The use will be compatible with existing and future land usEs
within the zone and the general area in which the proposed use is to
located. I
The use will be compatible with existing and future land uses within the zone and
the general area in which the proposed use is to be located. The replacement of
a deteriorating coin operated self-service car wash with a new state of the art,
high design automatic drive through car wash is compatible with existing
commercial retail, restaurant and service uses and future land uses within the C-
2, General Commercial Zone and the general area in which the use is located-,
and
(f) Adequate provisions for water, sewer and public utilities and
q,ervices are available to ensure that the use will not be detrimental to
�tublic health and safety.
Adequate provisions for water, sewer and public utilities and services are
available to ensure that the use will not be detrimental to public health and
safety. The existing car wash and adjacent shopping center has all utilities and
services connected and therefore the proposed automatic drive through car
wash will not be detrimental to public health and safety; and
Resolution PC 19-21
December 11, 2019
Page 6
(g) Adequate provisions for public access are available to serve
the use.
Adequate provisions for public access are available to serve the use. The site
has direct vehicular and pedestrian access to Baldwin Park Boulevard and
pedestrian access to Francisquito Avenue. Baldwin Park Boulevard and
Francisquito Avenue are designated Arterial streets in the City's General Plan.
Additionally, newly constructed sidewalks, closing of unused driveway
approaches, construction of a new driveway approach and the reconstruction of
the ADA ramp on the southeast intersection will provide both pedestrians and
persons with disabilities with a safe and convenient path of travel surrounding
the site and provide access for motor vehicles to the site. The site's access to
sidewalks, streets and highways are adequate in width and pavement type to
carry the quantity of traffic generated by the proposed automatic drive through
car wash; and
The use is consistent with the General Plan. Land Use Goal 1.0 Balanced
Development in Baldwin Park. Maintain a balanced mix and distribution of land
uses throughout Baldwin Park. Land Use Policy 1.4 Create opportunities for two
different levels of commercial development: (1) commercial uses that meet the
retail and service needs of the local residents and employee populations, and (2)
regional -serving retail commercial businesses that capture revenues from a
broader population base; and
(i) The use will not be detrimental to the public interest, health,
safety, convenience or welfare.
The use will not be detrimental to the public interest, health, safety, convenience
or welfare in that an automatic drive through car wash will be developed in
accordance with all development standards of the zone and will operate in
substantial conformance to all conditions of approval as identified in the
resolution of approval.
SECTION 4. The Planning Commission does hereby adopt the following Findings of
Fact applicable to all zone variance:
(a) There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of such property which
,io not generally apply to other properties in the same zone.
Because the site includes a lot with a rounded corner, this may account for the
difference in the less than 1% required square footage. The majority of
neighboring parcels are rectangular in shape. Therefore, there are extraordinary
circumstances based on size and shape of the existing lot.
Resolution PC 19-21
December 11, 2019
Page 7
(b) Such variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property similarly situated, but which is
denied by the property in question.
The subject property includes a vacant parcel and a 4 -bay coin operated self-service
car wash. The property has a zoning designation of C-2, General Commercial. In order
to provide the property right to develop the property, given its configuration, the zone
variance for lot size is necessary. Therefore, not granting the zone variance for the
subject property would prevent the developer/owner from having the preservation and
enjoyment of a substantial property right possessed by other properties in the same
vicinity and zone.
(c) The granting of the variance will not be materially detrimental to the
A,ublic welfare or injurious to the adjacent properties.
The granting of the zone variance would not be materially detrimental to the public
welfare or injurious to adjacent property. The proposed development will provided an
added service that is complimentary to the commercial uses on adjacent properties. In
addition, the site and public right of way improvements will improve the aesthetics of the
general area, traffic slow and pedestrian safety as there will be only one access point to
the site for motorists.
(d) The granting of the variance will not adversely affect the Genera.
Plan of the City of Baldwin Park.
The variance will not adversely or negatively affect the General Plan or its goals
because the property will be utilized for commercial purposes in accordance to the
site's General Plan designation of General Commercial. Specifically, the General Plan
encourages commercial and service oriented development. Goal 1.0 Policy 1.4 of the
General Plan encourages opportunities for commercial uses that meet the retail and
service needs of the local residents and employee population. The subject site is an
ideal location for the proposed project as it is located on an existing commercial corner
near other commercial services and uses.
SECTION 5. The Application, as herein above described below, and the same is
hereby approved subject to the following conditions:
(a) That the property shall be developed and maintained in
substantial accordance with Exhibit "A" to the staff report for is •'
CP -888, and ZV 19-02 dated December 11, 2019; and
(b) The operating hours shall be 7:00arn to 8-.00pm Monday —
Sunday.
Resolution PC 19-21
December 11, 2019
Page 8
(c) The operation of the facility shall comply with the City
Baldwin Park Municipal Code Section 130.30 Noise Control. I
(d) The building shall consist of high quality materials as
proposed.
(e) A minimum of one outdoor trash receptacle shall be providm
onsite. At least one additional on-site outdoor trash receptacle shall
provide for every 10 required parking spaces. I
(f) The proposed wall signage will require a sign permit with
separate review, fees, and approval at the staff level, provided the sign
does not exceed the criteria contained in the Zoning Code.
(g) The proposed project is subject to Water Efficient
Landscape Standards, pursuant to Section 153.160.020 of the Baldwin
Park Municipal Code. After entitlements are approved by the Planning
Commission, the applicant shall submit a Landscape Documentation
Package during Building Plan Check pursuant to Section 153.160.080.
The Landscape Documentation Package shall incorporate an approved
Preliminary Design Plan. Landscape and Irrigation plans shall be
prepared by a California licensed landscape architect.
9=
(h) All Conditions of Approval as approved by the Planning
Commission shall appear as notes on the plans submitted for building
-pian check and permits.
(i) Building design shall comply with the Current Edition of the
11
California Building Code (CBC).
0) Submit complete construction plans to Building Division
formal plans review and building permit.
(k) Separate application(s), plan check(s), and permit(s) is/are
required for: Grading (see Engineering Division for requirements), Signs,
Fire sprinkler/Alarm systems (see LA County Fire Department Prevention
Division for requirements), Plumbing, Mechanical, Electrical.
150•ON 10111 R i` a NO � r, aTITM 10 1 [03 11 -1 N I E 01 K I I R v
(m) Complete structural plans with calculations by State licensed
engineer or architect will be required. Submit design for review at formal
plans review.
Resolution PC 19-21
December 11, 2019
Page 9
(n) Compliance to California T-24 Energy regulations will be
Submit design for review at formal plans review.
(o) Compliance to California Green Buildinii. rds Co,4'-",
will be required. Submit design for review at formal plans review. I
(p) Separate plumbing, mechanical and electrical plan check
be required. Submit design for review at formal plans review. I
(q) A soils and geology report is required to address t
potential for and the mitigation measures of any seismic induc
landslide/liquefaction. Soils report shall address foundation design a
site preparation requirements.
(r) Los Angeles County Fire Department approval is -i -i
for the proposed occupancy. Contact (626) 974-8335 for plans revie
submittal requirements. i
(s) Sanitation District Industrial Waste approval or waiver
required. Please contact (562) 699-7411, Ext 2900 for addition
information.
(t) All new on-site utility service lines shall be placed
underground. BPMC Section 153.140.050.
(u) A complete code analysis is required. Address type
construction, occupancy, exiting, allowable areas, allowable heights, et]
Provide a summary on the drawing.
(v) Compliance with the State of California Accessibility regulations is
required, including:
1. Building entrances shall be provided with an accessible path of
travel connecting the building entrances from the public
sidewalk, accessible parking, and other buildings or essential
facilities located on the site.
2. All restrooms serving the building shall be accessible.
3. Drinking fountains (high/low) are required to be accessible
(w) An Erosion Control Plan shall be submitted concurrently with
the grading plan if any grading is proposed, clearly detailing erosion
control measures. These measures shall be implemented duriokq�
Resolution PC1Q-21
December 11.201Q
Page 10
construction. The erosion control plan shall conform to national Polluta
Discharge Elimination System (NPDES) standards and incorporate t
appropriate Best Management Practices (BMP's) as specified in t
Storm Water BMP Certification. For construction activity which distur
tine acre or greater soil a Storm Water Pollution Prevention PI
(SWPPP) will be needed. I
(x) The applicant shall comply with Low Impact DevelopmerM
(LID) requirements to the satisfaction of the City Engineer. Please refer
LA County LID Manual. I
(y) Start a lot merger procedure to consolidate both lots as one.
Provide a current Title Report.
W Prior to grading plan submittal, a geotechnical report
prepared by a Geotechnical Engineer, licensed by the State of California,
shall be submitted by the applicant for approval by the City.
(aa) Upon approval of the geotechnical report, the applica
shall submit drainage and grading plans prepared by a Civil Engine
licensed by the State of California, prepared in accordance with the City
requirements for the City's review and approval. A list of requirements f
grading plan check is available from the Public Works Department.
grading (cut and fill) calculations, including on/off site improvement cos
shall be submitted to the City concurrently with the grading plan.
(bb) All easements (if any per Title Report) and flood hazard
areas shall be clearly identified on the grading and improvement plans.
(cc) If applicable, the grading plan shall show the location of any
retaining walls and the elevations of the top of wall/footing/retaining and
the finished grade on both sides of the retaining wall. Construction details
for retaining walls shall be shown on the grading plan. Calculations and
details of retaining walls shall be submitted to the Building and Safety
Division for review and approval.
(dd) All equipment staging areas shall be located on the proje
site. Staging area, including material stockpile and equipment stora
area, shall be enclosed within a 6 foot -high chain link fence. All acce
points in the fenced area shall be locked whenever the construction site
not supervised. i
(ee) Grading of the subject property shall be in accordance will
the California Building Code, City Grading Ordinance, Hillsi
Management Ordinance and acceptable grading practices. I
Resolution PC19-21
December 1i.2O10
Page 11
(gg) Prior to the issuance of building permits, a pre-constructi
meeting shall be held at the project site with the grading contracto
applicant, and city grading inspector at least 48 hours prior
commencing grading operations. I
(h h) Rough grade certifications by project soils and civil
engineers shall be submitted prior to issuance of building permits for th.-_
foundation of the residential structure. Retaining wall permits may be
issued concurrently with grading permits.
Offo] U -11"s I I art In 111 OWTIZ110161 ___-_m ----- - -------
0j) Detailed drainage system information of the lot with careful
attention to any flood hazard area shall be submitted. All drainage/runoff
from the development shall be conveyed to a storage containment in
conformance to the LID Manual. No on-site drainage shall be conveyed to
adjacent parcels.
(kk) If applicable, prior to the issuance of a grading permit,
complete hydrology and hydraulic study shall be prepared by a Ci
Engineer registered in the State of California to the satisfaction of the Ci
Engineer and Los Angeles Public Works Department. 11
(11) Francisquito Avenue, close two (2) unused drivewal
approaches with full height curb gutter. Reconstruct existing driveway
meet current ADA standards. I
(mm) Baldwin Park Boulevard, close two (2) unused driveway
?pproaches, construct new approach to meet current ADA standards.
(n n) Reconstruct the ADA ramp at the south east intersection
Baldwin Park Blvd. and Francisquito Ave. to meet current standards. I
(oo) Submit design plans for the installation of a Clarifier
Engineering and the Building Department, pursuant to the LID stu
above. I
(pp) Replace/repair any damaged sidewalks on Francisquito Ave. and
(qq) Relocation of the exiting catch basin along Baldwin Park
Resolution PC 19-21
December 11, 2019
Page 12
Blvd. requires permits from Los Angeles County Flood Control. Obtain LA
County permits for the relocation of the existing catch basin.
(rr) Install LID measures at the new catch basin as required by
the Water Board. LID measures includes bio filtration products such as
modular wetland system.
(ss) Will Serve Letters shall be submitted stating that adequa
facilities are or will be available to serve the proposed project shall
submitttethe City frm all utilitis such as,•ut not limittopho
, n
gas, water, elctric, and cable. I
ed o oebed
(tt) If applicable, Applicant shall relocate and underground arl
existing on-site utilities to the satisfaction of the City Engineer and th
respective utility owner. i
(u u) Underground utilities shall not be constructed within the drip
of any mature tree except as approved by a registered arborist.
(vv) Provide sewer study including Plans must be prepared by a
licensed civil engineer and approved by the Engineering Department.
(ww) Submit design plans for storm drain relocation on Baldwin Park
Blvd. Plans must be approved by the Engineering Department and the Los
Angeles County Department of Public Works.
(xx) Install a right -turn only sign on the median facing the exit
driveway.
(yy) Install red curb on the frontage of Baldwin Park Blvd. and
Francisquito Avenue.
(zz) Add "&eep Clear" pavement legend along Baldwin Park
Blvd. southbound for anticipation of U-turn movements.
(aaa) Provide expected turning movements on to Baldwin Park
Blvd. including ADT speed and collision data for the intersection to be
determined by the submitted Traffic Study.
(bbb) That prior to the issuance of any building permits, the
Applicant shall pay applicable Development Impact Fees assessed for the
project; and
(ccc) The proposed project shall comply with any conditions of
approval as imposed by the Los Angeles County Fire Department prior to
approval of the final map by the City of Baldwin Park, and
Resolution PC 19-21
December 11, 2019
Page 13
(ddd) The applicant shall comply with all conditions of approval of
the Parcel Map and those required by all other agencies and utility
purveyors including the conditions of approval required by the Public
Works Department, and
(eee) That Parcel Map 82921 shall be finaled in accordance with
State Law prior to the issuance of building permits; and
(fff) If within two years after the date of approval of TPM-82921,
CP -888, and ZV 19-02 all conditions of approval have not been satisfied,
then PM -82921, CP -888, and ZV 19-02 shall become null and void; and
(ggg) That the applicant shall sign a notarized affidavit within ten
(10) days of the date of this resolution stating that the applicant has read
and accepts all of the conditions of approval.
SECTION 5. The Secretary shall certify to the adoption of this Resolution
and forward a copy hereof to the City Clerk and the Applicant.
wom"Lei IMMUNE
V
Ar1§:JWAj0j0jJ0L
00
Vjj
1, RON GARCIA, Secretary of the Baldwin Park Planning Commission, do hereby
certify that the foregoing Resolution No. PC 19-21 was duly and regularly approved and
ecember 11, 2019
Paoe 14
adopted by the Planning Commission at a regular meeting thereof, held on the 11th day
of December, 2019 by the following vote:
F
�0,
AYES: COMMISSIONERS.
NOES: ISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:,,-`-'
BALDWIN PARK PLANNING COMMISSION
TO: Honorable Chair and Board Members of the Successor Agency
HUB;o
?" to the Dissolved Community Development Commission of the
City of Baldwin Park
V�kLLEY n,
WO;,�����`�FROM: Rose Tam, Director of Finance
DATE: January 20, 2021
SUBJECT: Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 the Board receive and file the Treasurer's Report for November 2020.
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
ITEM NO. SA -1
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
TO:
u ;O , r 'r
Tia' r
FROM:
DATE:
'ko
SUBJECT:
JANOa
ITEM NO. SA -1
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
AGENDA
BALDWIN PARK
FINANCE AUTHORITY VIRTUAL MEETING
January 20, 2021
7:00 PM
THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC
IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS
In accordance with the Governor's Declarations of Emergency for the State of California
(executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive
Order N-33-20), the Baldwin Park City Council Meetings are being conducted via
teleconference to limit in-person attendance.
Audio Streaming will be available at:
https.11www.youtube.comlchannellUCFLZO dQFFjy59rhiQZ13Eg1featured?view as=subscriber
http://baldwinvark.qrani . cus. comlViewPublisher. PhP ?view id=10
Audio Streaming Simultaneously in Spanish will be available at.
https.-Ilwww.voutube.com/channe//UC3bPFBIHcoPIk,v]X etmGcA
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SAN Oki E L
114A L «V
Emmanuel J. Estrada Chair
Alejandra Avila Vice Chair
Daniel Damian Board Member
Monica Garcia Board Member
Paul C. Hernandez Board Member
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the Se invita al pOblico a dirigirse al Concitio o
City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en
on this agenda on any matter posted on esta agenda, para hablar sobre cualquier
the agenda or on any other matter within asunto publicado en la agenda o cualquier
its jurisdiction. In accordance with tema que este bajo sujurisdicci6n. De acuerdo
Chapter 39 of the Baldwin Park con e/ capitulo 39 del C6digo Municipal de la
Municipal Code, Speakers must address Ciudad de Baldwin Park, los comentaros deben
the Council as a whole and refrain from se dirigidos al Concilio como una sola entidad,
making impertinent, slanderous, or y no ser impertinentes, difamatorios, o
profane remarks or disrupt the peace of profanos, o interrumpir la paz de la reunion.
the meeting.
L
FINANCE AUTHORITY
REGULAR VIRTUAL MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice
Chair Alejandra Avila, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
If you wish to comment, please email your name, City of residence, item number or topic and a phone
number where you will be available between the hours of 7:00 PM to 8:00 PM on January 20, 2021 to
commentsp_baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three)
minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their
concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request
that you email your information between the posting of this agenda and 5:00 PM on January 20, 2021. If
you are a non-English Speaker and require translation services in another language, or sign, please
indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons
wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be
announced). A one hour limit may be placed on the time for public communications so that City business
can be conducted, after which time, communications can resume.
CONSENT CALENDAR
1. Treasurer's Report — November 2020
Staff recommends that the Board receive and file the Treasurer's Report for November
2020.
ADJOURNMENT
CERTIFICATION
1, Marlen Garcia, 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 January, 2021.
,,oA ALV AZ
Marlen Garcia,
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@baidwinpark.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
L
ITEM NO. 1
Honorable Chair and Board Members of the Financing
Authority
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 the Board receive and file the Treasurer's Report for November 2020
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
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FROM:
ko
DATE:
JANOa
SUBJECT:
ITEM NO. 1
Honorable Chair and Board Members of the Financing
Authority
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 the Board receive and file the Treasurer's Report for November 2020
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
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
TO:
Tia' r
FROM:
v�aLEr' _.
DATE:
SUBJECT:
JANO
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
AGENDA
BALDWIN PARK
HOUSING AUTHORITY VIRTUAL MEETING
January 20, 2021
7:00 PM
THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC
IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS
In accordance with the Governor's Declarations of Emergency for the State of California
(executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive
Order N-33-20), the Baldwin Park City Council Meetings are being conducted via
teleconference to limit in-person attendance.
Audio Streaming will be available at:
https,/Lwww.youtube.corpAhanneVUCFLZO dQFRiy59rhiQZ13Eqffeqtured?view qs=subscriber
http:ocldwinpark.granicus.com/ViewPublisher.php?view id=10
Audio Streaming Simultaneously in Spanish will be available at:
https.-Ilwww.voutube.com/channel/UC3bPFBIHcoPIks]X etmGcA
$XLD
.. .. .......
0
HUB OF AX
A Ll ,moo
Emmanuel J. Estrada - Chair
Alejandra Avila - Vice Chair
Daniel Damian Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the Se invita al pOblico a dirigirse al Concilio o
City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en
on this agenda on any matter posted on esta agenda, para hablar sobre cualquier asunto
the agenda or on any other matter within publicado en la agenda o cualquier tema que
its jurisdiction. In accordance with este bajo su jurisdicci6n. De acuerdo con e/
Chapter 39 of the Baldwin Park capitulo 39 del C6digo Municipal de la Ciudad de
Municipal Code, Speakers must address Baldwin Park, los comentaros deben se dirigidos
the Council as a whole and refrain from al Concilio como una sola entidad, y no ser
making impertinent, slanderous, or impertinentes, difamatorios, o profanos, o
profane remarks or disrupt the peace of interrumpir la paz de la reunion.
the meeting.
HOUSING AUTHORITY
LL I
REGULAR VIRTUAL MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez,
Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
If you wish to comment, please email your name, City of residence, item number or topic and a phone
number where you will be available between the hours of 7:00 PM to 8:00 PM on January 20, 2021 to
comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three)
minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their
concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request
that you email your information between the posting of this agenda and 5:00 PM on January 20, 2021. If
you are a non-English Speaker and require translation services in another language other than Spanish or
sign, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of
persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be
announced). A one hour limit may be placed on the time for public communications so that City business
can be conducted, after which time, communications can resume.
CONSENT CALENDAR
1. Treasurer's Report — November 2020
Staff recommends that the Board receive and file the Treasurer's Report for November
2020.
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, 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 January, 2021.
kh*.'
AZ
Marlen Garcia,
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, 2"' 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 al 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. 1
r T' TO: Honorable Chair and Board Members of the Housing Authority
ri F#U;o r
`T' r FROM: Rose Tam Director of Finance
U 7� ,
") DATE: January 20, 2021
"„a SUBJECT: Treasurer's Report — November 2020
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Q1 inenenw
Attached is the Treasurer's Report for the month of November 2020. 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 the Board receive and file the Treasurer's Report for November 2020.
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
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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
TO:
Tia' r
FROM:
v�aLEr' _.
DATE:
SUBJECT:
JANO
Honorable Mayor and Members of the City Council
Rose Tam, Director of Finance
January 20, 2021
Treasurer's Report — November 2020
SUMMARY
Attached is the Treasurer's Report for the month of November 2020. 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 November 2020.
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